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09/30/1996 - 4862� OFFICIAL CITY COUNCIL A�GENDA COUNCIL MEETING SEPTEN�ER 30, 1996 � ' CITYOF (It1Dt fY FRIDLEir CITY COLTNCIL MEETING ATTENDENCE SHEET 7:30 P.M. � . PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN PRINT NAME (CLEARLY) ADDRESS ITEM NTTMRF.R 1�� ', � ��;�,. . . j�.� �.? � 3 � i��. 5�� l�G� � /"1�/ s-s�t� � �� , i,�,�=,U� �/ ,, ,. 3��5 �� -�- -�-. Gi��y;�� C r +-�y G2� � �'� L L�-�� i�, ��-� �;<< z �� l� =�-Lz�- ��'--.--�- �� r�' ��..� :�;�-� . ��`� , o'' �,� ' �..�- � �� `��-� �..�1 w�'�� u-�ti- � � � � �� , �._ _ ��L_ !— �i ' ��' fJl �/� / / ��/1..� �S '1 "' n i� �� 1 � , �, ;, � . ,. �i �- �, ' �,��ti�" :a 2�.i � ` � � � �� . ��1 + � �� I� � �i i5 f �' l � � �,,�' 7 `��'`'' �� ' �--�� ' ��5� �f 3 � � �,� -� �, 7 / � CffY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 30, 1996 The City of Fridley will not discriminate against or harass 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: PRQCLAMATION: Fire Prevention Week: October 6-�2, 1996 APPROVAL OF IVIINUT�S: City Council Meeting of September 16, 1996 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: First Reading of an Ordinance Recodifying the Fridley City Code, Chapter 124, Entitled "Noise," by Amending Section 124.07.02, "Public Nuisance Noises Prohibited" ................. 1.01 -1.06 � . . . FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 30, 1996 Page 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): Resolution Designating Polling Places and Appointing Election Judges for -� the November 5, 1996, Statewide General Election . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.01 - 2.05 Receive the Minutes ot the Planning Commission Meeting af September 18, 1996, . . . . . . . . . . . . . . . . . . . . . . . . . . 3.01 -� 3.17 �. Establish a Public Hearing for October 14, 1996, for a Zoning Text Amendment Request, ZTA #96-01, by Northco Corporation, to Amend the Fridley City Code, Chapter 205, Entitled "Zoning," by Amending Section 205.17.C., "Uses Permitted with a Special Use Permit," by Adding 205.17.C.(5), "Commercial Daycares," and Renumbering Consecutive Sections; and by Amending Section 205.18.C., "Uses Permitted with a Special Use Permit," by Adding 205.18.C.(5), "Commercial Daycares," and Renumbering Consecutive Sections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.01 - 4.04 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 30, 1996 Page 3 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED� Establish a Public Hearing for October 14, 1996, for the Sale of Excess Property Located at 7th Street and 61st Avenue (Ward 1) . . . . . . . . . . ..................... 5.01 -5.02 Establish a Public Hearing for October 28, 1996, on a Proposed Fair Housing Ordinance . . . . . . . . . . . . . . . . . . : . . . . . . . 6.01 Receive the 1997 Budget for the North Nletro Convention & Visitors Bureau . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7.01 - 7.05 Receive the Recommendations from Springsted Incorporated Regarding the Sale of $2,935,000 General Obligation Bonds, Series 1996A . . . . . . . . . . . . . . . . . . . 8.01 - 8.15 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 30, 1996 Page 4 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED� Resolution Initiating the Process for the Sale of the City's $2,935,000 General - Obligation Bonds, Series 1996A . . . . . . . . . . . . . . . . . . . 9.01 - 9.02 Approve Contribution to Southern Anoka County Community Consortium . . . . . . . . . . . . . . 10.01 - 10.02 Claims Licenses Estimates ...................................11.01 .................................... 12.01-12.06 .....................................13.01 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 30, 1996 Page 5 ADOPTION OF AGENDA• OPEN FORUM, VISITORS• (Consideration of Items not on Agenda - 15 Minutes) PUBLIC HEARING: Vacation Request, SAV #96-03, by Clayton and Jean Hicks, to Vacate Two Five-Foot Drainage anc� Utility Easements Dedicated in the Plat of Sandhurst Addition, Generally Located at 106 Fiartman Circle N.E. (Ward 3) . . . . . . . . . . . . . . OLD BUSINESS: ..................... 14.01 -14.14 Special Use Permit Request, SP #96-15, by VETsMART, to Allow a Veterinary Facility in Conjunction with a PETsMART Retail Store, Generally Located at 5660 Main Street N. E. (Ward 3) (Tabled September 16, 1996) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15.01 - 15.14 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 30, 1996 Page 6 OLD BUSINESS �CONTINUEDI� Approve Installation of Personal Communication Services Antennae and Equipment at 7504 Alden Way N.E. (St. Paul Utility Surge Site); -. Requested by SBA, Representing Sprint Spectrum (Tabled September 16, 1996) .........................................16.01-16.11 First Reading of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA #95-02, by CP Rail, Generally Located at 73rd and University Avenues) (Ward 1) (iabled June �5, 1995) . . . . . . . . . . . . . . . . . . . . . . . . � 7.01 - 17.45 NEW BUSINESS: Approve Join# Powers Agreement befinreen the City of Fridley and the County of Anoka for Osborne Road Improvement Project No. ST. 1994 - 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.01 - 18.12 FRIDLEY CITY COUNCiL MEETING OF SEPTEMBER 30, 1996 Page 7 NEW BUSINESS (CONTINUEDI• Approve Site Lease Agreement between the City of Fridley and APT Minneapolis, inc., Allowing the Placement of Antennae for Digital Personal Communication -- Systems and Equipment on the Water Tower Located at 6950 Highway 65 N.E. (Ward 1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19.01 - 19.28 informal Status Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.01 ADJOURN: � FR/DLFY CIiY CaUNC/L MFFiYNG 11� SFAi�MBFR 30, )99b '� �� ' I � �1,..G%�✓-�t✓ J c� �'� � The City of Fridley will not discriminate against or harass 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 witli 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: PROCLAMATION: Fire Prevenlion Yf�eek: October 6-12, 1996 �� APPRO�AL OF MINUTES: City Council Meeting of September 16, 1996 lt- -e_-a� c�-� �� Y.�.--,�-�-c � � . APPROVAL OF PROPO ED CONSENT AGENDA: NEW BUSINESS: First Reading of an Ordinance Recodifying the Fridley City Code, Chapter 124, Entitled "Noise," by Amending Section 124.07.02, "Public Nuisance Noises Prohibited" ... 1.01 - 1.06 �� Resolution Designating Polling Places and Appointing Election Judges for the November 5, 1996, Statewide Generai Electiori . . . . . . . . . . . . . . . . . . 2.01 - 2.05 �c �,��' ,��c,� Receive the Minutes of the Planning Commission Meeting of September 18, ,�996 . . . . . . . . . . . . . . . 3.01 - 3.17 ��. NEW BUSINESS ICONTINUEDI• Establish a Public Hearing for October 14, 1996, for a Zoning Text Amendment Request, ZTA #96-01, by Nqrthco Corporation, to Amend the Fridley City Code, Chapter 205, Entitled "Zoning," by Amending Section 205.17.C., "Uses Permitted with a Special Use Permit," by Adding 205.17.C.(5), "Commercial Daycares," and Renumbering Consecutive Sections; and by Amending Section 205.18.C., "Uses Permitted with a Special Use Permit," by Adding 205.18.C.(5), "Commercial Daycares,°' and Renumbering Consecutive Sections�� .. . . . . . . . . . . . . . . . . . . 4.01 - 4.04 � J%� L� � // � . Establish a Public Hearing for October 14, 1996, for the Sale of Excess Property Lccated at 7th Street and blst Avenue • (Wardl) ...................5.01-5.02 �� -, � /�� Establish a Public Hearing for October 28, 1996, on a Proposed Fair Housing Ordinance . . . . . . . . . . . . . 6.01 �'t� �� ' �' � /L� Receive the 1997 Budget for the North Metro Convention & Visitors Bureau . . . . �. . . . . . . . . . . . 7.01 - 7.05 �'��_c� , Receive the Recommendations from Springsted Incorporated Regarding the Sale of $2,935,000 General Obligation Bonds, Series 1996A ...... 8.01 - 8.15 kj�� ; . APPROVAL OF PROPOSED CONSENT AGENDA• NEW BUSINESS (CONTIIVUEDL Resolution Initiating the Process for the Sale of the City's $2,935,000 General Obligation Bonds, Series 1996A ...... 9A1 - 9.02 ___�-- � � -Z � ��t �` �-�✓ C.l2J ; Approve Contribution to Southern Anoka County Community Consortium 10.01 - 10.02 Claims Licenses Estimates �� .�-:�-... ,-� '��/�� —� . . . . . . . . . ��. 12.01 - 12.06 L'' �'✓ " �_ . � .............. 13.01 ADOPTION OF AGENDA: " � �L�J �, � - � �z� �t� l`-;�`� �� , .. �,�--�- � � ' ? `� �-, �-�` � �.�� OPEN FORUM, VISITORS: (Consideratic�n of Items not on Agenda - 15 Minutes) ;/ `'� C�,�'1 � Q�/"_�✓--�''-�_- PUBLIC HEARING: Vacation Reyuest, SAV #96-03, by Clayton and Jean Hicks, to Vacate Two Five-Foot Drainage and Utility Easements Dedicated in the Plat of Sandhurst Addition, Generally Located at 106 Harhnan Circle N.E. (Ward 3) � . . . . . . . . . . . . . . . 14.01 - 14.14 �J , , .,. .�:5"- �, �- _ �`�/� OLD BUSINESS: Special Use Permit Request, SP #96-15, by VETsMART, to Allow a Veterinary Facility in Conjunction with a PETsMART Retail Store, Generally Located at 5660 Main Street N.E. (Ward 3) (Tabled September 16, 1996) . . . . . . . . . . . . . . . . . . 15.01 - I S 14 � p �¢ ;�/=;C�..rv��.� /C,v.�� /`�22� • �` � Approve Installation of Personal Communication Services Antennae and Equipment at 7504 Alden Way N.E. (St. Paul Utility Surge Site); Requested by SBA, Representing Sprint Spectrum (Tabled September 16, 1996) . . . . . .r �. ,.�� . � . 01 - .11 ��2�--��..G�� S�' - "' '. � _. , � r'-° ' -'x9/� J �� /� � � y� , �,�,_..� -�- First Reading of an Ordinance to Amend �N��,,�� the Ciry Code of the Ciry of Fridley, Minnesota, by Making a Change in Zoning Districts (Rezoning Itequest, � ZOA #95-02, by CP Rail, Generally Located at 73rd and University Avenues) . (Ward 1) (Tabled June 25, 1995) . . . . .': . . . . . . . 17.01 - 17.45 ' , � ��L� � � ,�`� �� 7 L.ti.. �-r-�'"..C� �� > NEW BUSINESS: ' `��/ Approve Joint Powers Agreement between the City of Fridley and the Counry of Anoka for Osborne Road Improvement Project No. ST. 1994 - 5 . , . . . . . . . . .: . . . . ,_ . 18.01 - 18.12 �.-� .� � ��,�: �-,� �-.,---. , �� ._ `.� ��.��-�.e_. �� , � . Approve Site Lease Agreement between � the City of Fridley and APT Minneapolis, Inc., Allowing the Placement of Antennae for Digital Personal Communication Systems and Equipment on the Water Tower Located at 6950 Highway 65 N.E. (Ward 1) . . . . . . . . . . . . . . . . 19.01 - 19.28 � ��-�-y�� - � C/ )�, ��, � ��"�, Informal Status Reports . . : . . . . . . . . . . �0.01�, , i �� ` _ % �� l-c-,--<-- /�•`. `�� -; `,� � ADJOURN: %° . �' z /"11 �- � �;�� . �. 3 .. W/LL/AM J. IYFF MAYOR FR/DL�Y, M/NNFSaTA ♦ r� c �� : �� r�: ��- . October 6 - 12, 1946 �Wd��f2�}lS, t�e City beQiel7es eduCatio� akd pnepCtnedkess an.e esse�tiae to pnoteCtiKG� Qives Qiad pttopenty �now� accideKtae �-ines, c�ew�icae e�en.�e�cies, aKd suddek w�edicae iQ�uesses a�d i�juny; aud � �1n��1�f2�1S, tP�e G'ity's �itte aKd poeice depa�tw�ekts, urit� suppont e� •�_ °' � J �� nowt eow��uK[tc; �noups akd on�a�iZatio�s, p�ou�d�. puae�c t�a�k�Kc� akd � �� ew�enc�e�cy nespokse sen.u�iees to neduce tR.e Qi{2eQiRood o{� se.�ious it�CideKts; a�d �1n/�I��}1S, �ine �Pnet�ektioa �W�.el2 is Q itCttioKCte neCo��ized etiekt to pnow�ote pubQiC �wane�e;s o{� tB�e L'ow�w�ukity's pub2iC sa�-ety pnepanedKess; .�(C�1n(, Td�f�(2��Of2C, B� ri f2�SOL�J�D t�ai I, �lnfieeiaw�J.,�(ee, Mayon o�- t�e ��t� o�- �n.�deey, �eneb� pnocQaiw� Octoben 6 tP�ou�� 12, 1996 as ,�"ire �reb er�tio� �ee� �� t�e C.'ity o{� �nideey. I� neCoc�riitioK t�eneo�, t�e �ine�Depantw�e�t �riee �ost at eaC.�. o� t�e t�nee �ine statioks, aK opek �ouse �on t�e eow�w�uKity. Speciae dispeays aKd dew�o�stnatioas wiee be pn.ouided by eac� o�- t�e L'it�'s ew�enc�e�acy senuiCes. Ik additioK, t�e �-ine depan.tw�ekt �viee visit eae� eP,ew�e�tany sC�ooQ ik t�e L'ity to p�ou�ide {�in.e pnetre�tio� iK�-onw�at�o� aKd tnat��. � �W�J1(�SS �ln/��f2�0�, I �atre spt w�y �akd akd eaused t�e seae o�- tB�e t,' it� o{� �nideey to be a�-{�ixed t�is 30t� day o{� Septew�ben, 1996. William J. Nee, Mayor THE MINUTE5 OF THE FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 16, 1996 THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY GOUNCIL OF SEPTEMBER 16, 1996 The Regular Meetinq of the Fridley City Council was called to order at 7:38 p,m. by Mayor Nee. � PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman Billings, and Councilwoman Bolkcom MEMBERS ABSENT: Councilman Schneider PROCLAMATION: CITIZENSHIP DAY: SEPTEMBER 17, 1996 CONSTITUTION WEEK, SEPTEMBER 17-23, 1996 Mr. Burns, City Manager read this , proclamation proclaiming September 17 as Citizenship Day anci September 17-23 as Constitution Week. Mayor Nee issued the proclamation and invited every citizen an,d �nstitution to join in the commemoration. APPROVAL OF MINUTES: COUNCIL MEETING, AUGUST 26, 1996: MOTION by Councilwoman Jorgerison to approve the minutes as presented. Seconded by Councilwoman Bolkcom. Upon�a voice vote, all voting aye, Mayor Nee declared the motiori carried unanimously. Mr. Burns, City Manager, explained that Council is in the process of discussing a joint project with School District No. 14 for the Community Education Center, and there .is work that needs to be completed this evening. He felt it may be in order to consider the agenda items, where the public is present for input, then recess to the conference session to work out the remaining issues with the School Board before considering the balance of the agenda. Mr. Burns also reported that Councilman Schneider would be in contact by telephone to participate in the discussion on the joint project with School District No. 14. There was agreement by the City Council to first consider the public hearing and then the consent agenda items where persons were present for comments. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 16, 1996 PAGE 2 PUBLIC HEARING: 31. PUBLIC HEARING ON OSBORNE ROAD IMPROVEMENT PROJECT NO. ST. 1994-5: MOTION by Councilwoman Jorgenson to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:48 p.m. Mr. Flora, Public Works Director stated that the Anoka County Highway Department is proposing to upgrade Osborne Road from Old Central Avenue east to Stinson Boulevard. The improvements includes widening of the street, installation of concrete curb and gutter, installation of storm water improvements, a bikeway on the north side of the street, and a sidewalk on the south side of the street. The estimated cost of the project is $517,400, and the City's share is estimated at $104,000. Mr. Flora stated that the City`s policy is to assess for the concrete curb and gutter. This public hearing is to address the assessment at.a rate hot to exceed '$11 per front foot. Councilman Billings asked Mr. rlora to explain why the County is not paying for the curb and gutter since this is a County project. Mr. Flora stated that in accordance with the City's policy, all properties that have not paid for concrete curb and gutter would be assessed for that portion of the work during the street upgrade program. Councilman Billings stated that this assessment could be deferred if certain criteria is met regarding income and/or age. Mr. Pribyl, Finance Director, stated that if the criteria can be met based on income and/or age, the assessment can be deferred. The assessment could also be spread over a number of years, usually a ten-year period at a low interest rate. Another option would be to pay the entire assessment at one time. Mr. Knaak, City Attorney, stated the City can initiate improvements without a petition. Once the project costs are determined, these costs can be assessed based on the benefit to the adjoining property owners. Mr. Tony Wilson, 1436 Osborne Road, questioned why the residents did not have any input. He received a letter from the City about this hearing and a letter from the County stating construction would begin September 16. All the residents want is a decent road, but it appears that all the City and County are concerned about is FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 16, 1996 PAGE 3 commercial business. Every time a truck or bus goes by, his house shakes, and now they want to push the road closer to his home. Mr. Wilson stated that he spent $3,000 for a new driveway and will now lose part of it for the improvement. He does not want the sidewalk, as there is a bike path on the other side of the street. He felt the residents should have been given more notice, as hearings for the residents of Spring Lake Park were held last year. Councilman Billings suggested that Mr. Wilson contact the County Commissioner to find out why bids were being sent out when the City had not even seen the plans. He questioned why the County chose to invite the residents of Spring Lake Park to a hearing and not Fridley residents. Councilwoman Bolkcom stated that the City was not informed of this process until it was well under way. She also felt that Mr. Wilson should call his County Commissioner for an explanation. Mr. Wilson questioned why the property owners are being assessed for curb and gutter. Mr. Burns, City Manager, stated that the City's policy has been to assess property owners for curb and gutter, and this has been followed throughout the City. . ' . . , . Mr. Wi�son stated that.he has over 50��cars a day on his street. When it rains, the street becomes a lake. Councilwoman Jorgenson stated that the storm water improvements will help ta alleviate the water problem. She questioned if the County was acquiring right-of-way f.rom the residents for this project. Mr. Flora stated that the County would be using available County right-of-way which is at least 33 feet from the existing roadway center line. Mr. Wilson felt that the residents should be able to discuss this project before construction begins. Councilwoman Bolkcom stated that she would like the same opportunity as the residents of Spring Lake Park to discuss the project with the County. Ms. Laurie Hanlish, 1682 Osborne Road, stated that she is speaking for Duane Weisen who stands to lose part of his property. She did not see a need for a sidewalk with the bike path across the street. Mr. Flora stated that that bikeway/walkway is consistent with policy established a number of years ago. This would be extended into Ramsey County, but he did not know when it would occur. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 16, 1996 PAGE 4 Ms. Hanlish asked if to set up a meeting. a discrepancy of two roadway. they should contact their County Commissioner She also pointed out that there appears to be feet as measured from the center line of the Mr. Ed Blaido, 1400 Osborne Road, stated that he measured from the center of the roadway to the yellow grade stake, and it was 35 feet. The center line of the road is being moved two feet closer to his home. Mr. Flora stated that the County may have an offset stake two feet within their property. Mr. Blaido stated that a lot of trees on the boulevard will have to be removed. This would not be necessary if there was not a sidewalk. Councilwoman Joxgenson pointed out that the County has do as they wish with their property. She felt there further discussion with the County on this project. the right to needed to be Mr. Jim Kordiak, County Commi�ssioner, stated that he was rea?ly here this evening on another item, but he wished to comment on this item. He stated that he is not familiar with this particular project. He was surprised the resider�ts have not had an opportunity to have some input into the project. He suggested a meeting with the residents and thE County. Ms. Kersten, 7698 T�rthur Street, stated that her home faces Arthur Street. She asked if she would be assessed, Councilman Billin�s stated that she would not. Only those properties fronting on Osborne Road would be assessed. Mr. Bourke, 7645 Lakeside Road, questioned if he wou�d be assessed. He was advised that he would not. Councilwoman Jorgenson stated that she would try to set up a meeting with the County and Commissioner McCarron so they can answer some of these questions. She felt the County would want to meet with them as soon as possible if they plan to complete the project during �his construction season. Councilman Billings stated it is his understanding that a meeting will be held with the County. He suggested that concentration should be on the issue of the assessment which is the purpose of this public hearing. He felt that no action should be taken on a joint powers agreement until the issues are resolved. Ms. Paulette LaVone, 1564 Osborne Road, stated that the sidewalk is a problem for most of the residents. They did not want people walking in front of their homes and driveways. She would also like FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER lb, 1996 PAGE 5 the speed limit to be reduced, as the homes do shake when there are buses and trucks on the street. MOTION by Councilman Billings to close the public hearing. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:43 p.m. OPEN FORUM, VISITORS: Mr. Jim Kordiak, County Commissioner, presented a proclamation from the County Board of Commissioners recognizing the City for their extraordinary efforts in waste abatement. He stated that the City has met or exceeded their goal for seven of the last eight years in the area of recycling and the handling of solid waste. APPROVAL OF PROPOSED CONSENT AGENDA: Since persons were present for Items 4, 6 and 7, the Council considered those three items before their recess. '4.. SPECIAL USE PERMI� REQUEST, SP #96-15, by VETsMART, TO ALLOW A VETER3NARY FACILITY IN CONJIJNCTION WITH A PETsMART RETAIL� STORE, GENERALLY LOCATED AT �660 MAIN STREET N.E. (WARD 3): Mr. Hickok, Planning Coordinator, stated that this is a request for a special use permit to allow veterinary services within th�e PETsMART retail store locatgd at 5660 Main Street. The proposed veterinary area would occupy 5.9 percent of PETsMART's 24,960 square foot building. I�r. Hickok stai.ed �hat the Planninq Gommission, as well as staff, recommend approval with the following four stipulations: (1) all windows in the area of the building housing an.imals shall be double glazed with a fixed sash; (2) any ventilation systems shall be designed so that no odors or organisms will spread between wards or to the outside air; (3) there shall be no outside pens or holding areas; and (4) the petitioner shall submit documentation verifying that azl veterinarians are licensed as required by the state. Councilman Billings stated that this building is located on the parcel rezoned for the Home Depot site and, in conjunction with the rezoning, a traffic analysis was required. It is difficult to make a decision for increasing the traffic on the roadway without knowledge of the traffic analysis. Mr. Hickok stated that staff has received a draft document which required additional work. This document will be presented to Council at the September 30 meeting. The consultant for Home Depot has done a great deal of work in providing a solution, and he felt the Council would be pleased. The PETsMART facility was anticipated as part of the development of the Home Depot site, and FRIDLEY CITY COUNCIL MEETING OF SEPTEN�ER 16, 1996 PAGE 6 the veterinary clinic would probably create less traffic than expected. Councilman Billings stated that without the traffic analysis, he would have to vote for denial of this request. The request could be tabled if it would be within the sixty-day time period for action. Councilwoman Bolkcom stated that she is concerned about the traffic and would vote to deny since the traffic study is not yet available. Since PETsMART will generate more traffic, she asked if the petitioner was willing to table this item. Ms. Dacy, Community Development Director, stated that staff has reviewed the draft of the traffic study. It was not forwarded to Council, as there is additional information staff felt was pertiner�t before they could complete the review and present it to Council. There was enough control on the original rezoning to require completion of the and that Home Depot bear some of the costs of the improvements. Staff did not see the traffic impact for the veterinary clinic as being significant. Mr. Knaak, City Attorney, stated that Council has sixty days to take action. The process can be continued unilaterally, by providing a written stai�ement that there are reasons for it to be continued. Councilman Billings stated that PETsMART purchased the property from Home Depot who has taken their time in providin,g the traffic report to staff. He is reluctant to vote in favor of increasing the traffic without finding out the details of the report. He asked the petitioners if they would be willing �to wait until the next meeting before action is taken. A representative from PETsMART stated that if Council has the traffic study by September 30, he would be willing to have this item tabled to that time, as it does not seem there is an option. MOTION by Councilwoman Bolkcom to table this item to the September 30, �996 Council meeting. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Dr. Kathy Cleary, one of the veterinarians for VETsMART, stated that they do not plan to open until October. If action was taken on September 30 it would still meet their schedule. Mr. Knaak stated that there should be agreement on the part of the applicant to waive any objection to the item being tabled and a follow up letter indicating that they agreed to table this item to September 30, 1996. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 16, 1996 PAGE 7 MOTION by Councilman Billings to request staff to notify the applicant, in writing, and in accordance with the sixty day statute, that the City Council is requesting additional time to act on this request because of the need to review the traffic study. The letter should also contain the fact that the petitioner has agreed to the item being tabled to the City Council meeting on September 30, 1996. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. VARIANCE REQUEST, VAR ##96-21, BY BETTY LOEWEN, TO REDUCE THE FRONT YARD SETBACK FROM 35 FEET TO 20 FEET TO ALLOW THE RELOCATION OF A 22 FOOT BY 23 FOOT DETACHED GARAGE, GENERALLY LOCATED AT 276-78 58TH AVENUE N.E. (WARD 3): Mr. Hickok, Planning Coordinator, stated that this is a request for a variance to allow a reduced setback from 35 feet to 20 feet to allow the placement of a two car garage at 276-78 58th Avenue N.E. The petitioner, Ms. Loewen, has requested the variance in order to preserve trees and to open lawn area on the east side of the home she intends to purchase. This property was recently the subject of a lot split. As a condition of the lot split, the property owner was requireci to remove an existing garage from the newly created building site at the corner of Third Street and 57th Avenue. Mr. Hickck Staff also new garage a way that property. stated that�the Appeals Commission recor.unended approval. recemmended approval with the stipulation that either a shall be constructed or the existing garage raodified in will allow. it to be attached to the structure on this MOTTON by Councilwoman Bolkcom to grant Variance Request, VAR #96-21, with the stipulation that either a new garage shall be constructed or the existing garage modified in a way that will allow it to be attached to the structure on this property. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. APPROVE INSTALLATION SUKGE SITE); S OF PERSONAL AT 7504 ALD �Y SBA, REPRE: COMMUNICATION WAY ( S T . PA ENTING SPRINT SPE SERVICES UTILITY �TRUM: Mr. Hickok, Planning Coordinator, stated that this is a request by SBA, representing Sprint Spectrum, to install eight, ten-foot high personal communication services antennae and equipment at 7504 Aiden Way. The antennae is considered to be an accessory use in a public district. As part of this installation, there will be a 25 foot by 30 foot enclosure constructed at the base of the tower that will house transformer equipment for control of the antennae. The visual impact will be minimai and would not have a negative impact on adjacent properties. FRIDLEY CITY COUNCIL MEETING OF SEPTENIBER 16, 1996 PAGE 8 Councilwoman Bolkcom asked if anyone in the neighborhood was notified of this request. Mr. Hickok stated that this is for an accessory use which does not require notification. Councilwoman Bolkcom felt the residents should be notified that this would be going into their neighborhood. MOTION by Councilman Billings to table this item, direct that staff and petitioner conduct a neighborhood meeting with residents within 350 feet regarding the potential use, and advise them of this request. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECESS: MOTION by Councilman Billings to call a recess for the purpose of meeting with the School Board. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the recess began at 9:18 p.m. RECONVENED: Mayor Nee reconvened the meeting at 11:55 p.in. •All .Council members, �aith the exception of Councilman Schneider, were present.. APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: l. RECEIVE THE STATEMENT OF CANVASS FOR THE SEPTEMBER 10, 19�6 PRIMARY ELECTION: Mr. B�arns, City Manager, stated that 3,093 votes wer2 cast in the September 10, 1996 primary election, which represented 18.6 percent of the registered voters. The number of votes cast were as follows: Craig Gordon, 869; Nancy Jorgenson, 1,381; Richard Lewis, 174; Richard Wolfe, 410, over votes, 0; and under votes, 259. RECEIVED THE STATEMENT OF GANVASS FOR THE SEPTEMBER 10, 1996 PRIMARY ELECTION. 2. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF AUGUST 21, 1996: RECEIVED THE MINUTES OF THE PLANNING COMMISSION MEETING OF AUGUST 21, 1996. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 16, 1996 PAGE 9 3. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF SEPTEMBER 4, 1996: RECEIVED THE MINUTES OF THE PLANNING CON7NIISSION MEETING OF SEPTEMBER 4, 1996. 4. COUNCIL TOOK ACTION ON THIS ITEM EARLIER IN THE MEETING. 5. ESTABLISH A PUBLIC HEARING FOR SEPTEMBER 30, 1996, FOR A VACATION REQUEST, SAV #96-03, BY CLAYTON AND JEAN HICKS, TO VACATE TWO 5 FOOT DRAINAGE AND UTILITY EASEMENTS DEDICATED IN THE PLAT OF SANDHURST ADDITION, GENERALLY LOCATED AT 106 HARTMAN CIRCLE N.E. (WARD 3): Mr. Burns, City Manager, stated that this vacation request corrects a situation where a dwelling was constructed over the utility easements. Staff is recommending the vacation be restricted to the easterly 93.11 feet of the easements with the sti�ulation that the petitioner grant the City a ten foot drainage and utility easement along the north lot line of the property. SET THE PUBLIC HEARING DATE FOR THIS VACATION REQUEST, SAV #9E-03, FOR SEPTEMBER 30, 1996. 6. COUNCIL TOOIC ACTION ON THIS ITEM EARLIER IN THE MEETING. 7. COUNCIL TOOK ACTION ON THIS ITEM EARLIER IN THE MEETING. 8. APPROVE A ONE-YEAR EXTENSION FOR SPECIAL USE PERMIT, SP #54-10, BY DAVID YOUNKIN, TO ALLOW A SECONDARY ACCESSORY STRiJCTURE, GENERALLY LOCATED AT 5401 MATTERHORN DRIVE N.E. (WARD 2): Mr. Burns, City Manager, stated that this special use permit was for construction of a second accessory structure and will expire on September 11, 1996. A one-year extension has been requested and staff recommends approval. APPROVED A ONE-YEAR EXTENSION FOR SFECI.AL USE PERMIT, SP #94-10. 9. APPROVE COMPREHENSIVE SIGN PLAN FOR NORTH PARK BUSINESS CENTER, $Y JOHN ALLEN OF INDUSTRIAL EQUITIES, 350 73RD AVENUE N.E. (WARD 1): Mr. Burns, City Manager, stated that approval of a comprehensive sign plan is required when a multiple use building has three or more tenants. In this case, there are four tenants each with separate attached signs on the buzlding. Mr. Bi�rns outlined the standards to which the signs FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 16, 1996 PAGE 10 must conform. He informed Council that this plan has been reviewed by staff and recommended for approval. APPROVED COMPREHENSIVE SIGN PI�AN FOR NORTH PARK BUSINESS CENTER, 350 73RD AVENUE N.E. 10. ADOPT COMPREHENSIVE STREET PLAN FOR THE CITY OF FRIDLEY: Mr. Burns, City Manager, stated that this plan was drafted in response to Council's request for a multi-year street reconstruction plan. The plan outlines reconstruction and maintenance policies of the City and also identifies the street, alley, and sidewalk inventory of the City. He outlined some examples of the policies for street recon- struction for non-permanent streets, permanent streets, overlays, and alleys. Mr. Burns said that the policy also deals with concrete street repair policies, curbing, maintenance procedures, sealcoating, slurry sealing, sidewalks, and bikeways. ADOPTED COMPREHENSIVE STREET PLAN FOR THE CITY. 11. RESOLUTION NO. 63-_1996 REVOKING AND ESTABLISHING MUNICIPA.L STATE AID STREETS: Mr. Burns, City Manager, stated that it is proposed to revoke MSA desigr�ation fer port�ons of 79'th Way, Riverview Ter�ace and Kimball Street. He stated that the substitutions are those streets in an industrial loop system at the East River Road Business Center and include Industrial Bou�evard and the East River Road Service Road between 51st Way and 53rd Way. ADOPTED RESOLUTION NO. 63-1996. 12. APPROVE CHANGE ORDER N0. 1 TO THE 1996 STREET IMPROVEMENT PROJECT NO. ST. 1996-1 & 2: Mr. Burns, City Manager, stated that this change order covers the relocation of two hydrants on Alden Way, as well as the relocation of two catch basins. It also includes provision for a 15 inch storm drainage pipe rather than a 12 inch pipe. The change order is for $7,510 with Thomas & Sons Construc�ion, Inc. APPROVED CHANGE ORDER NO. 1 TO THE 1996 STREET IMPROVEMENT PROJECT NO. ST. 1996-1 & 2 WITH THOMAS & SONS CONSTRUCTION, INC. IN THE AMOLINT OF $7,510.00. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 16 1996 PAGE 11 13. RESOLUTION NO. 64-1996 AUTHORIZING SIGNING AN AGREEMENT FOR CERTAIN EMPLOYEES REPRESENTED BY INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL N0. 49, �FL-CIO (PUBLIC WORKS Mr. Burns, City Manager, stated that this agreement provides for a thirty cent increase in hourly wages. The agreement formally changes normal working hours to agree with present practice from 7:00 a.m. to 3:30 p.m. Staff recommends approval of the agreement. ADOPTED RESOLUTION NO. 54-1996. Mr. Burns, City Manager, stated that _Items 14 through 26 are resolutions directing the preparation of assessment rolls and establishing public hearings of these rolls for various improvement projects, nuisance abatement, and service connections. 14. RESOLUTION NO. 65-1996 DIRECTING PREPARATION OF ASSESSMENT ROLL FOR EAST RIVER ROAD IMPROVEMENT PROJECT NO. ST. 1994-03: AND RESOLUTION NO. 66-1996 DIRECTING PUBLICATION OF HEARING ON PROPOSED ASSESSMENT ROLL �'OR. EAST RIVER ROAD IMPROVEMENT 1994- �,DOPTED RESOI.UTIONS NO. •65-1996 AND 66-1996. 15. RESOLUTION NO. 67-1996 DIRECTING PREPARATION OF ASSESSMENT ROLL FOR M�IN STREET IMPROV�MENT PROJEGT NO. ST. 1994-08 (COMMERCIAL); AND RESOLUTION NO. 68-1996 DIRECTING PUBLICATION OF HEARING ON PROPOSED ASSESSMENT ROLL FOR MAIN STREET IMPROVEMENT PROJECT NO. ST. 1994-08 (CONIlKERCIAL) : ADOPTED RESOLUTIONS NO. 67-1996 AND 68-1996. 16. RESOLUTION NO. 69-1996 DIRECTING PREPARATION OF ASSESSMENT ROLL FOR MAIN STREET IMPROVEMENT PROJECT NO. ST. 1994-08 (RESIDENTIAL): AND RESOLUTION NO. 70-1996 DIRECTING PUBLICATION OF HEARING ON PROPOSED ASSESSMENT ROLL FOR MAIN STREET IMPROVEMENT PROJECT NO. ST. 1994-08 (RESIDENTIAL): ADOPTED RESOLUTIONS NO. 69-1996 AND 70-1996. 17. RESOLUTION N0. 71-1996 DIRECTING PREPARATION OF ASSESSMENT ROLL FOR STREET IMPROVEMENT PROJECT N0. ST. 1996-04: FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER lb, 1996 PAGE 12 RESOLUTION N0. 72-1996 DIRECTING PUBLICATION OF HEARING ON PROPOSED ASSESSMENT ROLL FOR STREET IMPROVEMENT PROJECT NO. 199b-04: ADOPTED RESOLUTIONS NO. 71-1996 AND 72-1996. 18. RESOLUTION NO. 73-1996 DIRECTING PREPARATION OF ASSESSMENT ROLL FOR 1995 STREET IMPROVEMENT PROJECT NO. ST. 1995 - 1& 2: AND RESOLUTION NO. 74-1996 DIRECTING PUBLICATION OF HEARING ON PROPOSED ASSESSMENT ROLL FOR 1995 STREET IMPROVEMENT PROJECT NO. ST. 1995 - 1& 2: ADOPTED RESOLUTIONS NO. 73-1996 AND 74-1996. 19. RESOLUTION N0. 75-1996 DIRECTING PREPARATION OF ASSESSMENT ROLL FOR STREET IMPROVEMENT PROJECT NO. ST. 1989-05: AND RESOLUTION NO. 76-1996 DIRECTING PUBLICATION OF HEARING ON PROPOSED ASSESSMENT ROLL FOR STREET IMPROVEMENT PROJECT N0. ST. 1989-05: ADOPTED RESOLUTIdNS NO. 75-1996 AND 76-1996. 20. RESOLUTION. N0. 77-1996 DIRECTING PREPAR�TION OF ASSESSMENT ROLL FOR LOCKE LAKE DAM RECONSTRUCTION PROJECfi N0. 211: . AND RESOLUTION N0. 78-1996 DIRECTING PUBLICATION OF HEARING ON PROPOSED ASSESSMENT ROLI� FOR LOCKE LAKE LAM RECONSTRUCTION PROJECT N0. 211: ADOPTED RESOLUTIONS NO. 77-1996 AND 78-1996. 21. RESOLUTION DIRECTING PREPARATION OF ASSESSMENT ROLL FOR LOCKE LAKE DAM EXCAVATIQN PROJECT N0. 255: AND RESOLUTION DIRECTING PUBLICATION OF HEARING ON PROPOSED ASSESSMENT ROLL FOR LOCKE LAKE DAM EXCAVATION PROJECT NO. 255: THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 22. RESOLUTION NO. 79-1996 DIRECTING PREPARATION OF ASSESSMENT ROLL FOR STONYBROOK CREEK BANK STABILIZATION PROJECT N0. 246: AND RESOLUTION NO. 80-1996 DIRECTING PUBLICATION OF HEARING ON PROPOSED ASSESSMENT ROLL FOR STONYBROOK CREEK STABILIZATION PROJECT NO. 246: ADOPTED RESOLUTIONS NO. 79-1996 AND 80-1996. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 16, 1996 PAGE 13 23. RESOLUTION NO. 81-1996 DIRECTING PREPARATION OF ASSESSMENT ROLL FOR 1996 TREES: AND RESOLUTION NO. 82-1996 DIRECTING PUBLICATION OF HEARING ON PROPOSED ASSESSMENT ROLL FOR 1996 TREES: ADOPTED RESOLUTIONS NO. 81-1996 AND 82-1996. 24. RESOLUTION NO. 83-1996 DIRECTING PREPARATION OF ASSESSMENT ROLL FOR 1996 NUISANCE ABATEMENT: AND RESOLUTION NO. 84-1996 DIRECTING PUBLICATION OF HEARING ON PROPOSED ASSESSMENT ROLL FOR 1996 NUISANCE ABATEMENT: ADOPTED RESOLUTIONS NO. 83-1996 AND 84-1996. 25. RESOLUTION N0. 85-1996 DIRECTING PREPARATION OF ASSESSMENT ROLL FOR 1996 SERVICE CONNECTIONS: AND RESOLUTION NO. 86-1996 DIRECTING PUBLICATTON OF HEARING ON PROPOSED ASSESSMENT ROLL FOR 1996 SERVICE CONNECTIONS: ADOPTED RESOLUTIONS NO. 85-1996 AND 86-1996. 26. RESOLUTION NO. 87-1996 UIRECTING FRcPARA.TION OF ASSESSMENT ROLL FOR 64TH AVENUE STORM WATER IMPROVEMENT PROJECT NO. 260: AND RESOLUTION NO. 88-1996 DIRECTING PUBLICATION OF HEARING ON PROPOSED ASSESSMENT ROLL FOR 64TH AVENUE STORM WATER IMPROVEMENT PROJECT N0. 260: ADOPTED RESOLUTIONS NO. 87-1996 AND 88-1996. 27. APPOINTMENTS: CITY EMPLOYEES: ' Mr. Burns, City Manager, stated that the appointment of two persons as City will be employed as a Public Service Department and Jason Cardinal will b Officer. Mr. Burns stated that Mr. Bulman is graduate and has been employed as a David Kurk, Inc. of Eitzen, Minnesota years. he wished ta recommend employees. Gary Bulman s Worker in the Street e employed as a Police a Waukan High School driver/dispatcher for for the last fifteen Mr. Burns stated that Jason Cardinal is a graduate of North Branch High School and has an AA degree in Law Enforcement from Lakewood Community College. His past experience includes work as a Community Service Officer for White Bear Lake, as a part-time dispatcher for Chisago County Sheriff's Office, and FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 16, 1996 Pp,GE 14 as an armed security specialist with American Security Corporation. CONCURRED WITH THE FOLLOWING APPOINTl�NTS BY THE CITY MANAGER: Name Gary Bulman Position Public Services Worker, Streets Non-exempt Jason Patrol Officer Cardinal Partial-exempt 28, CLAIMS: Starting Starting Salary Date $11.21 Sept. 17, per hour 1996 1995 Union Contract $12.99 Sept. 17, per hour 1996 1995 Union Contract Replaces Joseph Ferrato, Jr. Gerald Newberger AUTHORIZED PAYN�NT OF CLAIM NOS. 69818 THROUGIi� i0105. 29. LICENSES: APPROVED THE LICENSES A� SUBMITTED AND AS AN FILE �IP7 THE LICENSE CLERK'S OFFICE. 30, ESTIMATES: APPROVED THE ESTIMATES, AS FOLLOWS: Richmar Construction, Inc. 7776 Alden Way N.E. Fridley, MN 55432 53rd Avenue Booster Station Project No. 280 FINAL ESTIMATE . . . . . . . . . .. . . . . . $ 10, 765.75 Richmar Construction, Inc. 7776 Alden Way N.E. Fridley, MN 55432 Water Treatment Plant Project No. 293 Estimate No. 1 . . . . . . . . . . . . . . . $121, 866.00 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 16 1996 PAGE 15 Landmark Concrete, Inc. 17630 Highway 65 Ham Lake, MN 55304 1996 Removal & Replacement of Miscellaneous Concrete Curb and Gutter and Sidewalk Project No. 294 Estimate No. 3 . . . . . . . . . . . . . . . $ 5, 420. 47 Thomas & Sons Construction, Inc. 13925 Northdale Boulevard Rogers, MN 55374 1996 Street Improvement Project No. ST. 1996 - 1& 2 Estimate No. 1 . . . . . . . . . . . . . . . $ 27, 405. 60 W.B. Miller, Inc. 6701 Norris Lake Road N.W. Elk River, MN 55330 Street Improvement Project No. ST. 96-4 (Mississippi �t•reet/Third Street Intersection} Estimate No. 1 . . . . . . . . . . . . . . $ 76, 449.16 � 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 August, 1996.�. ......$ 5,152.0� Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 tiniversity Avenue N.E. Fridley, MN 55432 Services Rendered as City Prosecuting Attorney for the Month of June, 1996 ....$ 15,031.92 No persons in the audience spoke regarding the consent agenda items. Councilman Billings stated he would like to remove Item 21 from the consent agenda. MOTION by Councilman Billings to approve the consent agenda items excluding Items 4, 6, and 7, which were previously considered, and Item 21. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 16, 1996 PAGE 16 ADOPTION OF AGENDA: MOTION by Councilman Billings to adopt the agenda with .the deletion of Item 32, the addition of Item 21 from the consent agenda, and the addition of an item to consider adoption of an agreement with School District No. 14. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS: 21. RESOLUTION DIRECTING PREPARATION OF ASSESSMENT ROLL FOR LOCKE LAKE DAM EXCAVATION PROJECT NO. 255: AND RESOLUTION DIRECTING PUBLICATION OF HEARING ON PREQPOSED ASSESSMENT ROLL FOR LOCKE LAI� DAM EXCAVATION PROJECT NO. 255: Councilman Billings stated that he understands there will be a neighborhood meeting regarding this proposed assessment. He asked if the plans have been received from the Rice Creek Watershed District's consultant. Mr. Flora, Public Taorks Director, statet� that a preliminary hearing was held in February ai. which time. a'$54, 000 cost to the City was identified for the Locke lake�.negotiated settlement with Ramsey • County. The City, at this time, does not have the plans from the Rice Creek Watershed District. • Councilmari Billings stated that he is not comfortable with establishing the hearing wiLhout the plans and specifications. Mr. Pribyl, Finance Director,�stated that staff tried to group as many projects as possible because the City will probably be selling a bond. If Council wishes to delay this hearing, the project can always be assessed at a later date. MOTION by Councilman Billings to table this item until such time that staff has an opportunity to conduct a neighborhood meeting with residents that are involved in this assessment. Seconded by Councilwoman Jorgenson. Upon a voice vote, Councilman Billings, Councilwoman Jorgenson and Mayor Nee voted in favor of the motion. Councilwoman Bolkcom abstained from voting on the motion. Mayor Nee declared the motion carried. CONSIDERATION OF AN AGREEMENT WITH SCHOOL DISTRICT NO. 14: Councilman Billings stated that Council recessed for approximately three hours to meet with several members of the School Board of School District No. 14 to review the final details of an agreement we have been working on for the last several months. This agreement involves the remodeling and an addition to the existing Community Education Center or former Parkview E1.ementary School. Council was FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 15, 1996 PAGE 17 working from a draft agreement presented this evening by the School District, and he believed a consensus has been reached. Councilman Billings stated that the agreement provides for approximately a 6,000 square foot addition to the building and remodeling of space to be used for recreational purposes. The space will be used by all the citizens of Fridley, regardless of the school district in which they reside, and will not be just a youth drop-in center or a senior center. Approximately 95 percent of the City's recreational programs that take place are in School District No. 14 facilities. Councilman Billings stated that the term of the agreement is for thirty years. He felt that all parties have worked very hard to reach this point. When there are State statutes dealing with school districts and their duties and obligations and statutes dealing with the City on their duties and responsibilities, ways have to be found for both bodies to meet these responsibilities. He felt that this is what the agreement accomplishes. MOTION by Councilman Billings to adopt the agreement between School District No. 14 and the City dated September 16, 1996 and delivered to the City today by the School District, with those changes and modifications that wer�e worked out during the recess. Further, the City Attorney is directed to assemble the specific�language agreed to and submit it to the City M�naqer and School District No. 14 in adequatE time for everyone to review prior to the �chool District's- board meeting on September 17, 199b. Seconded by Councilwoman Jorgenson. Councilwoman Jorgenson sta�ed that zven though Councilman Schneider was unable to be at the meeting, he participated in the discussion through a telephone call. Mayor Nee stated that he was impressed with the quality of staff's work and the willingness of the School Board to accommodate some of the City's needs. Councilwoman Bolkcom stated that it was a long, hard discussion, but she was happy with the agreement. UPON A VOICE VOTE TAI�N ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimousiy. Mr. Greg Rosholt, member of the Fridley School Board, stated that the agreement took a lot of work, but he felt the benefactors will be the residents of the School District and the City of Fridley. He stated that, despite any objections, the residents will end up with a good agreement. He appreciated the affirmative vote of the City Council. The School Board will be voting tomorrow evening to concur. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 16, 1996 PAGE 18 Councilwoman Jorgenson felt that there should probably be an executive summary available if residents wish to review the agreement. She suggested possibly having it on file at the library. Councilwoman Bolkcom suggested that the plans be on display at the Municipal Center for residents who are interested. Councilman Jorgenson sta�ed that plans can also be reviewed at the Community Education Center. Mayor Nee stated that Council members and others deserve thanks for spending so much time working out this agreement. 33. INFORMAL STATUS REPORTS: Cauncilman Bolkcom reminded everyone that Saturday, September 21 is Fall Recycling Day at the Community Park from 9:00 a.m. to 3:00 p.m. This is a scaled down version of the clean-up day last year. Household items will be accepted and, for a fee, appliances and tires, as well as scrap metal. No concrete construction items will be �ccepted. Anyone who has questions can call the City to find out more details. � . ADJOURNMENT : - • � ' • MOTION by Councilwoman Jorgenson to adjourn the mee.ting. 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 September 16, 1996 adjourned at 12:30 a.m. Respectfully submitted, Carole Haddad William J. Nee Secretary to the City Council Mayor ///i, �;r'.'?' �� \\\ %��:�\\ /�� o j ��.: �,i �`. � : Fridley Police Department Memorandum To: William Burns, City Manager� ;`�� From: Lt. Herb Zimmerman � Date: September 6, 1996 Re: Recodifying Chapter 124, Noise Attached you will find a proposed recodification of Chapter 124, Noise. In the past couple of years the Police Department has received several complaints of excessively loud car stereos. The complaints are usually from residential areas, where inconsiderate drivers are playing music so loud it disrupts the peace and dignity of the neighborhood. To the best of my knowledge most of the complaints have come from the neighborhoods where single and multiple family dwellings coexist. Hyde Park is an example. To help officers combat this problem, Director Sallman requested I research this issue. Also attached to this memo are ordinances from Minneapolis, St Paul, Columbia Heights and a model policy from the Minnesota Pollution Control Agency (MPCA). The Minneapolis, St. Paul and Columbia Heights ordinances deal specifically with vehicles. Because laws that deal with specific conduct are more easily enforced the Police Department is proposing adding specific �anguage to Chapter 124 to deal with loud noises from motor vehicles. The distance of 75 feet versus 50 feet was chosen because it provides more freedom for the citizen while making the violation more egregious for court proceedings. In reviewing Chapter 124.07 Public Nuisance Noises Prohibited, it became obvious that updating was needed. Because phonographs are �irtually nonexistent and technology for sound amplification changes regulazly a more generic category heading was created and the specifics for motar vehicles added. The Police Department feels these changes will benefit the neighborhoods and enforcement alike. It is our understanding that this change does not need a public hearing and could well be placed on the consent agenda. We would look for a possible place on the September 30, 1996 council agenda. I am available for any questions or concerns. 1.01 ORDINANCE N0. AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 124, ENTITLED "NOISE", BY AMENDING SECTION 124.07.02, "PUBLIC NUISANCE NOISES PROHIBITED" The Council of the City of Fridley does hereby ordain as follows: 124. NOISE 124.07. PUBLIC NUISANCE NOISES PROHIBITED 2. Radios, .or Other Sound Amplification Devices. A. No person shall use, operate, or permit the use or operation of any radio receiving set, musical instrument, phonograph, paging system, machine or other device for the production or reproduction of sound in a distinctly and loudly audible manner as to disturb the peace, quiet and comfort of any persons nearby. B. No verson ma�perate or park, stop or leave standing a motor vehicle while using a radio or other electronic sound amplification device emitting"sound from or around the vehicle that is audible from a distance of 75 or more feet unless the electronic sound amplification device is being used to request assistance or warn against an unsafe condition. • This subsection does not apply to any of the following_ l. Operators of emergencv vehicles when responding to an emergency. 2. Operators of public utility vehicles. 3. Onerators of vehicles lawfull,y being used for advertising vurvoses. 4. Operators of vehicles that are bein� used in a licensed or permitted event or celebration, procession or assemblage. 5. The activation of a theft alarm si�nal device. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1996. ATTEST: WILLIAM A. CHAMPA - CITY CLERK First Reading: Second Reading: Publication: WILLIAM J. NEE - MAYOR 1.02 ri1 pcA 1� �o�� (�dt� Comment.• In order to further restrict the use of Snbd 6. certain of these devices, "danger " can be more fully defined, formal permits for the use of these devices can be reguired, or operational curfews can be established by the city. Furthermore, the city may wish to eztend this provision to stationary sources which would include noon whistles, church bells, etc. Subd. 4. Exhaus� No person shall discharge the exhaust, or permit the discharge of the exhaust of any steam engine, stationary internal combustion engine, motor boat, motar vehicle, or snowmobile except through a muffler or other device that effectively prevents loud or explosive noises therefrom and complies �vith all applicable state laws and regulations Comment: Motor vehicle mufflers are prescribed by ll�inn. Stat. 169.69. Water craft mufflers are prescribed by Minn. Stat 86B.321. Snowmobile mufflers are required under Minn. Stat. 84.871 and Minn. Rules 6100. S i 00 subpart S. If snowmobile operation within the city is prohibited, the city may wish to omit the reference to snowmobiles in this subdivision. Subd. 5. Defective vehicles or loads. No person shall use any vehicle so out of repair or so loaded as to create loud and unnecessary grating, grinding, rattling, or other noise. Loadin�, unloading, unpacking. No person shall create loud and excessive noise in loading, unloading, or unpacking any vehicle. Subd. 7. Radios, phonographs, paging system, etc. No person shall use or operate or pernut the use or operation of any radio receiving set, musical instrument, phonograph, paging system, machine, or other device for the production or reproduction of sound in a distinctly and loudly audible manner as to unreasonably dislurb the peace, quiet, and cornfort of any person nearby. Qperatian of any such set, instrument, phonograph, machine, or other device between the hours of 10:00 p.m. and 7:00 a.m. in such a mann�r as to be plainly audible at the property line of the structure or building in which it is located, in �. � � � � the hall�vay or aparlment adjacent, or at a distance � of 50 feet if the source is located outside a structure or building shall be prima facie evidence of a violation of this section. Subd 8. Participation in noisy parties or gatherings. No person shall participate in any pariy or ottier gathering of people giving rise to 4 1.03 1 � , _`- 7� � � �_ __ ^�� !-fr�S p,�� ICE _ _ .. -- - -�-•• 'uvL ti. , vL �' � U1tDINANCE NO. 2327 BEING AN ORDINANCE CREA'TIl1TG SECTIOl`' 1Q.108 (8) OF THE COLUMBIA HEIGHTS CTIY CODE WHICH MpizES IT UNI„�WF'UI, TO ENIIT RADIO OR OTHER ELECTROrTIC SOUND AMPLIFICATION FROM A PARKED, STOPPED, STANDING, OR MOYING VEHICLE WHICH CAN BE HEARD FROM A DISTANCE OF 75 FEET OR MORE, �c.8 R�dios or other ele.cuonic sound amnlification devices .�u�d. 1 No nerson mav onerau or nark. scop, or leave scandinQ a motor ve�cle w ile usinQ a radio or other electronic sound amolification device emittin�,�ound from or around the vehicle that is audible frotn a distance of 75 or more fee� unless the electronic $ound amulification device is bein�¢ used o request asSistance or warn at�ainst an unsafe condition �s subsecdon does not apFlv to any of the followin¢: I. the onerator of an euthorized emergencv vehicle when respondin¢ to an emerQency call or when in pursuit of an actual or susnected violator of the law, or when respon�iin� to but not ugon recurnin�from, a fire call. �. The operator oi a vehicle of a nublic utilitv. 3 The ooerator of a vehicle that is being used for advertising purPo�es 4. The oaerator of a vehicle th�t is bein� used in a iicensed or pennitted event or celebr�cion, procession, or ��e�bla�e. S. The acav�tion of a theft alarm si�nal device. Offered by: ,lones Seconded by: Peterson Roll Ca12: A 1 1 a ye s Mayor oseph Sturdevant o-Anne Student, Council Secretary Poat-i!' Fax Note 7671 To ,,,X.T�I ,�,,.✓ First Reading: Mav 28. 1996 c��aat. ��c �,� �� Second Reading: June � o_ ��6 Pn�� a Date of Passage: June 10, 1996 F�, ��_ �i�-i 1.04 co. ' /�'/ �� - 5E�-06-1996 11�34 ST PAUL CITY ATTORNEY �+-. P� 612 298 5532 P.04 (b� (1) Qperation of any such set, instrument,' � phonograph, machine or other device between the � houra of 10:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible at the property line of a - structure or building in which it is located, in the hallway or apartment adjacent, or at a : distance of fifty (SO) feet if the source is located outside a structure or building, shall be , prima facie evidence of a violation of thia section. (2? Operation of any such device at any time in a motor vehicle in such a manner as to be plainly audib_e at a � distance of fifty (50) �eet from the motor vehicle, shall be prima facie evidence of a violation of thie section. t3) when sound violating this section is produced or reproduced by any such device, that is located in a motor vehicle, the motor vehicle's owner, if present when the violation occur�, is guilty of the violation. If the motor vehicle's owner is not present at the time of the violation, the person in charge or control of the vehicle at the time of the violation is guilty of the violation. In addition to an owner or a dri�rer, any. person who controls or aesists with the�production of sound violating this section is guilty of the violation. (�) Viola�ion of this subse�tion Ys a misdemeanor_ A first violation ot this section is puniahable by a fine not to exceed �wo hundred dollars ($200.00), a second violation is punishable by a fine not to exceed five hundred dollars (�500.00), and a third violation is punisliable by a=ine to the maxzmum amount. � (Ord. No. 15915, 5-20-82; Ord. No. 17448, � 1, 4-28-87; C,F. No_ 96-64Z, § 1, 7-3-96) Sec. 293.08. Domestie power tools. Nc peraon shall operate any domestic power tool between the hours of io:oo p.m. and 7:0o a.m. in a distinctly and loudly audible manner as to unreaaonably disturb the peace, quiet and comfort of any person nearby. Operation of a domestic power tool during those hours in auch a manner ae to be plainly audible at the property line of a structure or building in which it is located, in the'hallway or apartment adjacent, or at a distance of fifty (50) feet if the eource is located outside a structure or building, shall be prima facie evi.dence of a viol.atior, of this aection. (Ord. No. 16915, 5-20-82; Ord_ No. 17448, � 1, 4-28-87� 1•0J TOTAL P.04 1�. � N 7 O N :� � � � � � � � 0 �� SEP 06 '96 § 395.90 10�1�AM MPLS CITY ATTYS OFF MINNEAPOLIS CODE 38b.90. Disorderly conduct. No person, in any public or privnte place, shall engage in, or prepare, attempt, offer or threaten to engage in, or assist or conspire with anothcr to engage in, or congregate because of, any riot, fight, brawl, tu- multuous conduct, aci of violence, or any other conduct which disturbs the peace and quiei of an- other save for participating in a recognized ath- letic contest. lCode 1960, As Amend., § 870.060) Stefe law reference—Disorderly conduct, hi.S. § 609.72_ 386.95. Radios, tape and clisc players, etc. (a) I`'o person shall play, use, or operate any radio, tape or disc player, musical instrument, phono- graph, or other machine or device for the produc- tion o£ sound in such a manner, considering the time and place and the purpose for which the sound is produced, as to unreasonably disturb the peacc, quiet, or repose of a person or persons of ordinau-y sensibiliiy. . (b) The play, use, or operation of any radio, tape ar disc pIayer, musical instrument, phono�,rraph, ur other machine or device for the production of sound in such a manner as to be plainIy audible at a distance of fifty (50) feet from said machine or device shall be prima facie evidence of a violatio�i of this section. (c) Wher. sound violating this section is pro- duced by a machine or device that is located in or on a vehicle, the vehicle's owner is guilty of the violation; provided, however, that if the vehicle's ovsmer ie not present, the person in charge of the velucle at the time is guilty of the violation_ (d) The noise level limitations prescribed in sec- tion 389_60 shall not be applicable to sounds em- anating from the sources set forth zn this section_ (e) This seciion shalI not apply to sound pro- duced by the following; (1) Amplifying equipment used in connection with activities for which permits l�ave been granted pursuant to section 389.105; (2) Antitheft devices; and (3) Machines or devices for the production of sound on or in authorized emergency vehi- cIes. Supp. No. 4 1.OGis4o (T) With the exception of the machines and de� vices listed in subsection (e), this section shall apply to all radios, tape and disc players, musical instrumcnts, phonographs, and machines and de- vices for the production of sound, whcther on public or private property_ {g2.Qr•12J, § 1, 10•9-92) 385.100. Unnecessary noise or odors gener- a11y. l�TO person, in any public or private place, shalI make, or assist in making, by any manner or means, any loud, unpleasant or raucous noise or odor thatunreasonably disturbs the peace, quiet or repose of a person or persor�s of ordinary sen- sibility, unless Lhe same be reasonably necessarv to the preservation of life, health, safeiy or prop- erty. (Code 1960, As Amend., § 875.010; 91-0r U;iS, § 1, 2-22-91) 385.105. Reserved. �ditor's note—Se�tion 365.105, rulativc �o conduct on public canvcyances, wa,s repcaled by 90-Or-117, § 1, adoptcd May 11, 1990. Said formcr seclion w� derived lrom 81-Or073, g 1, ado�ted March 27, 19b1; and R1-Or-lA9, § 1, adapted Jvly 17, 1981, 385.110. Noisy assembly. (1) ➢efinition. Whenever used in this sec:tion, t.he term "noisy assembly" s6a11 mcan a gatl�erin�; of more than one person in a residential ares or buiIding be- tween the hours of 10:00 p_m_ and 7:p0 a.m. that produces noise that unreasonably disturbs the peace, quiat; or repose of a person or persons of ordinary sensibility. (2) Ptoitibilion. (a) No person shall participate in, visit, or remain at a gathering knowing or having reason to know Lhat the gath- erin� is a noisy assembly, except per- sons who have come to ihe gatherin� for the sole purpose of abatin� the dis- turbance. (b) No person shall knowingly permit real estate under such person's care or con- trol to be used for a noisy assembly� tCode 1960, As Amend., § 870.OG1; �� Or-206, § 1, 8-26-83; 87-Or-020, 5 1� 2-6-87; 91-Or-035, §§ 2, 3, 2-22-91) Cross referencc—N�ise, Ch. 389. 385.115. Unnecessary noise or odors to be public nuisances. The city council of the City of Minneapolis hereby declares that any loud, un- C I T Y O F F R I D L E Y M E M O R A N D II M TO: WILLIAM W. BIIRNS, CITY MANAGER �� FROM: RICIiARD D. PRIBYL, FINANCE DIRECTOR WILLIAM A. CHAMPA, CITY CLERR SIIBJECT: ELECTION JIIDGES FOR THE GENERAL ELECTION DATE: SEPTEM�ER 26, 1996 The attached resolution appoints election judges for the November 5, 1996 General Electian. The judges have been chosen from the list that was provided by the Democratic-Farmer-Labor Party and the Independent-Republican Party. Where needed additional judges have been added. Attachment 2.01 RESOLIITION NO. - 1996 RESOLUTION DESIGNATING POLLING PLACES AND APPOINTING ELECTION JIIDGES FOR THE NOVEMBER 5, 1996 STATEWIDE GENERAL ELECTION NOW, THEREFORE, BE IT RESOLVED by the City Council of the City_.of Fridley, Anoka County, Minnesota, at a regular meeting on September 30, 1996. SECTION 1. SECTION 2. SECTION 3. That on the Sth day of November 1996, there shall be a Statewide General Election: That the polling places for said election shall be as follows: Ward 1 Precinct 1 Ward 1 Precinct 2 Ward 1 Precinct 3 Ward 1 Precinct 4 Ward 2 Precinct 1 Ward 2 Precinct 2 Ward 2 Precinct 3 �nTard 2 Preainct 4 Ward 3 Precinct 1 Ward 3 Precinct 2 Ward 3 Precinct 3 Ward 3 Precinct 4 Grace Evangelical Free Church Hayes Elementary School Fridley Municipal Center Fridley Senior High School Woodcrest Elementary School Knights of Columbus St. Philip's Lutheran church North Park Elementary School Springbrook Nature Center Redeemer Lutheran church Stevenson Elementary School Fridley Covenant Church That the polling place will be open from 7:00 a.m. to 8:00 p.m. SECTION 4. That the following people are hereby appointed to act as Judges for said election except that the City Clerk is hereby authorized to appoint qualified substitutes as set forth in Chapter 4, Section 4.05 of the City Charter. WARD 1 PRECINCT 1 *Carolyn Holmen Sandy Goman Harriet Kish Marlene Schonebaum Ann Bangen WARD 1 PRECINCT 2 *Arlene Linton Marguerite Gilbert Carolyn Doyle Ruth Huss Corine Kirkham Angeline Westman 2.�2 Marion Ertl Marietta Everttz Louise Molencamp Andrea Johnson Barbara Singurdson Carolyn Bethel Carole Blaska Carol Bunnell Linda Colstrum Marlys Kranz Doris Nord Page 2-- Resolution No. - 1996 WARD 1 PRECINCT 3 *Bernadette Bovy Dee Truehl Carrie Baaken Delores Steinert Nina Landt Ruth Sydow WARD 1 PRECINCT 4 *Norma Rust Muriel Pomeroy Adeline Haidle Mohamed Helal Sylvia Weeks Carolyn Larson WARD 2 PRECINCT 1 *Teresa Hub Donna Nordin Joan Schroeder Tom Schonebaum Shirley Erickson WARD 2 PRECINCT 2 *JoAnn Cedarholm Patty Galligan Dawn Benjamin Eva Covertson Jean Coyle Eleanor Anderson WARD 2 PRECINCT 3 *Doris Reiners Marilyn Seeman Ann Williams Mary Ann Kerner Natalie Lohmer Beverly Sax WARD 2 PRECINCT 4 *Jackie Walther Doraine Newland Naida Kruger Eleanor Heyda Joan Bergman Maureen Zgutowicz 2.03 Irma Kelly Jane Hosman Adeline Musial Dorothy Veres Lois Palmquist Maria Zurbey Janet Griffith Marlys Lisowski Marlene O'Donnell Margie Rosendahl James Holmen Jackie Larson Rita Binkowski Brenda Roame Cleo Oleson Nena Anderson Betty Thomas Jan Hebeisen Douglas Blase Eugene Ouelette Betty Tonneson Muriel Kelsey Gloria Arel Regina Tony Joyce Cooke Jeanette Lindquist Jan Long Gladys Kowaliw Harold Dwire Shirley Griffith Marj ie Douglis Barb Pickering Jeanette Priebe Marlene Steichen Page 3-- Resolution No. - 1996 WARD 3 PRECINCT 1 *Betty Bonine Joan Leonard Sharon James Myrtle Morphew Kay Olson Jane Simpson WARD 3 PRECINCT 2 *Marie Nelson Carol Johnson Betty Scott Kristie Opare'Addo Marliss Westenfield Dorothy Sielaff Connie Samuelson WARD 3 PRECINCT 3 *Irene Maertens Laurie Harris Darlene Vallin Claudia Potasek Joe Novak WARD 3 PRECINCT 4 *Suzanne Alvite' Patty Larson Donna Novak Beverly S�eeves Ben Monson *HEAD JIIDGE HEALTH CARE CENTER Norma Rust 2.04 Luverne Gemmill Marlys Dunlap Janet Kothman Viola Lambrecht Alice Anderson Marija Netz Ruby Hall Joe Murphy Margaret Hendley Bill Raeker Ruby Koenen Gen Peterson Annabel Monson Larry Ovshak Barbara Enrooth Dona Mae Odland Velma Farr Betty Nelson Bob Hosman Courtney Rathke Barbara Lind Maureen Wood�rd Bernadette Bovy Page 4-- Resolution No. - 1996 SECTION 5. That the following judges are appointed to act as chairperson of the Election Board for the precincts designated and shall have the duties set forth in Section 204B.20 of Minnesota Statutes. � Ward 1 Precinct 1 Ward 1 Precinct 2 Ward 1 Precinct 3 Ward 1 Precinct 4 Ward 2 Precinct 1 Ward 2 Precinct 2 Ward 2 Precinct 3 Ward 2 Precinct 4 Ward 3 Precinct 1 Ward 3 Precinct 2 Ward 3 Precinct 3 Ward 3 Precinct 4 Carolyn Holmen Arlene Linton Bernadette Bovy Norma Rust Teresa Hub JoAnn Cederholm Doris Reiners Jackie Walther Betty Bonine Marie Nelson Irene Maertens Suzanne Alvite' S�CTION 6. Compensation for said Judges will be paid at the rate of $7.00 per hour for regular Judges and $7.50 for the Chairperson of the Election Board. PASSED F�ND ADOPTF.D BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1996. ATTEST: WILLIAM A. CHAMPA - CITY CLERK 2.05 WILLIAM J. NEE - MAYOR CITY OF FRIDLEY PLANNING COMMISSION MESTING, SEPTLI�BLR 18, 1996 CALL TO ORDER: Chairperson Savage called the September I8, 1996, Planning Commission meeting to order at 7:33 p.m. ROLL CALL: Members Present: Diane Savage, Dave Kondrick, Dean Saba, Brad Sielaff, Connie Modig Members Absent: LeRoy Oquist, Larry Kuechle Others Present: Scott Hickok, Planning Coordinator Cindy & Gary Jenco, 1420 Cleveland Street, Anoka, Minnesota Jackie Olafson, Children's Home Society Tim Ducharme, Northco Dennis Zylla, Northco APPROVAL OF �EPTEMBER 4, 1996 PLANNING COMMISSION MINUTES: MOTIOAI by Mr. Sielaff, seconded by Ms. Modig, to approve the September 4, 1996, Planning Commission minutes as written. IIPON A VOICL VOTE� ALL VOTING AYE, CBAIRPERSON SAVAGE DLCLARED THE MOTION CARRIED IINANIMOIISLY. 1. PUBLIC HEARING: CONSIDERATION OF A ZONI�NG TEXT AMENDMENT, ZTA #96-.01, BY NORTHCO CORPORATION: To Amend the Fridley City Code, Chapter 205, entitled "Zoning": By amending Section 205.17.C., "Uses Permitted with a Special Use Permit", by adding: 205.17.C.(5) Commercial Daycares and renumbering consecutive sections; and By amending Section 205.18.C., "Uses Permitted with a Special Use Permit", by adding: 205.18.C.(5) Commercial Daycares and renumbering consecutive sections. MOTION by Mr. Kondrick, seconded by Mr. Saba, to waive the reading of the public hearing notice and to open the public hearing. 3.01 PLANNING COMMISSION MEETING, SEPTEMBER 18, 1996 PAG$ 2 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERBON BAVAGE DECLARED THE MOTION CARRIED AND THE PIIBLIC HSARINQ OPEN AT 7:35 P.M. Mr. Hickok stated the zoning text amendment would allow daycare centers in industrial districts. The petitioner is Northco Corporation. This is a specific request; however, the amendment would be a zoning text amendment for the entire City. The petitioner has a person interested in using their industrial facility for a daycare center. The applicant has requested the City amend the industrial district requirements to allow daycares as a special use. The applicant would like to locate a 6,500 square foot Children's Home Society tenant in a 36,000 square foot building located at 500 - 73rd Avenue. Mr. Hickok stated, as staff received the request, it became clear the petition is for a use without language permitting such use in the district. Staff must evaluate as to whether this is something the City is interested in pursuing and where best to place the amendment. The petitioner is asking for a text amendment. Whether or not we feel that is a special us2 in this zoning district is � call that staff made. Part of the analysis ior a daycare facility came down to the type of daycare facility - stand alone centers for public use, centers within multi-tenant buildings, or centers for private use in a multi-tenant buildings. Mr. Hickok stated staff evaluated the State building and fire codes about such uses. The concern is whether this is a practical use for a daycare to be placed in an industrial facility and be made compatible with the building design. The answer is yes. The fire codes and building codes are very specific about how to segregate uses within a complex. Mr. Hickok stated, as staff analyzed the area of the code in which to place the amendment, staff came to the conclusion that a special use permit would be the best vehicle for daycares. Both the M-1 and M-2 are industrial zoning districts that could handle daycares with the appropriate building modifications. There may be stipulations we would want to place on a daycare in such a facility. Staff recommends modification of the M-1, Light Industrial, and M-2, He�vy Industrial, districts to allow daycare as a special use when they meet the following standards: 1. Daycare centers shall be located in a multi-tenant building located on an arterial. 2. Daycare centers shall not exceed 30� of the floor area of the building. 3. outdoor play areas shall be contiguous to the building. 3.02 PLANNIN(i COMMISSION MEETING, SEPTEMBER 18. 1996 PA(�8 3 4. Pedestrian crossing areas shall be clearly marked through the use of pavement markings and traffic signs. 5. Parking shall be at the rate of 1 space for every 100-square feet of usable daycare space (1:100j. 6. Signage shall be limited to wall signage and shall be in compliance with Section 214 of the City Code. 7. Daycare shall be licensed in accordance with the State and County requirements. 8. Daycare centers shall comply with building code occupancy and separation requirements. 9. Loading and drop-ff areas shall be designed so as not to infringe on traffic flow. Mr. Hickok stated this is a general text amendment. The stipulations are suggested stipulations th�t would be included in the language under the special use provisions in this district. There may be additional stipulations as staff would analyze individual applications. Mr. Hickok stated the idea of a special use permit is to make it compatible with the uses surrounding the area. Mr. Hickok stated the petitioner did a very nice job in providing infox�mation about the daycare they are hoping to accommodate, the Children's Home Society of Minnesata, who is int�rested in the 6,500 square feet of space. Mr. Hickok stated staff recommends approval of a text amendment to districts M-1, Light Industrial, and M-2, Heavy Industrial, to provide for daycare facilities through the special use permit process. He distributed copies of suggested language for the text. If the commission has revisions, staff will incorporate that language into an informal ordinance form before this goes to the City Council. Mr. Kondrick stated he is concerned about sound from the industrial activities that occur in adjacent bays. Has staff considered this? That could be a problem in some cases. There may also be cases of a business who may in the future want to locate next to the daycare center. Ms. Savage stated, if her understanding is correct, this is a text ordinance amendment that would allow someone to apply for a special use permit, and then they would have to go through the process. If there was a particular problem such as sound, that 3.03 PLANNING COMMISSION MEETING. SEPTEMBER 18, 1996 PAGE 4 could be addressed at that time. As far as this applicant is concerned, does the ordinance first have to be approved and then does the applicant have to apply for a special use permit?.. Mr. Hickok stated yes. The amendment would open the door for the applicant. Mr. Sielaff stated one handout stated Section 205.17.0 and the other states Section 205.18.C. Why are there two? Mr. Hickok stated 205.17.0 is the M-1, Light Industrial, suggested language; and 205.18.0 is the M-2, Heavy Industrial suggested language. Ms. Modig stated one of the issues stated the building be located on an arterial street. That is not always going to be the case for industrial zoning. Mr. Hickok stated the industr�al districts are set up to accommodate heavy traffic and most have arterial streets. One would rarely find a place where this does no� fit. Ms. Modig stated that would not then be a hindrance for a company who may want a daycare center. Mr. Hickok stated there are going to be some. There are some industrial areas that are on secondary streets. He thought this language would be perfect for those situations. In thase situations, it would be difficuit for people to get Yn and out, especially at peaY times. Mr. Sielaff asked if this would regulate businesses, such as Onan, if they wanted to have a daycare center on their site. Mr. Hickok stated the language is designed for drop-off daycare centers. If a company wished to have a center inside an existing complex, staff would be able to control that through the building code. He thought the City would see more of those requests. The M-1 and M-2 language would recognize daycare is possible. The stipulations would protect the City. As a request would come through the process, additional stipulations may be necessary. Mr. Sielaff stated the language indicates multi-tenant buildings which seems to preclude that type of daycare. Mr. Hickok stated this was correct. Multi-tenant speaks to the drop-off daycare. Mr. Sielaff asked if the term "daycare" refers to private daycare centers that are not associated with the company. 3.04 PLANNINa COMMISSION MEETING. SEPTEMBER 18, 1996 PAa$ 5 Mr. Hickok stated the daycare center may or may not be associated with the company. Staff looked at an example in North Mankato where a drop-off daycare center is located in an industrial park and the center gives priority to workers in the park. This would accommodate associated industrial workers needing daycare. Ms. Modig asked if by saying "multi-tenant" would that preclude those who want a daycare and there is only one other tenant. Mr. Hickok stated this was correct. Mr. Sielaff stated he would like to know the definition of a daycare center. Mr. Hickok stated a daycare center is defined as any non-home based program that for compensation or atherwise provides for the care of children outside their home as part of a 24-hour day. It includes but is not limited to programs for children known as nursery school, day nurseries, child care nurseries, and daycare facilities. Ms. Savage stated the language is very broad but it must meet State and County requirements. Ms. Modig stated she is also concerned about sound and have some area where we deal with sound or have the daycare sound proofed. That is a concern particularly for the outside play areas. This must be dealt with somewhere. Mr. Kondrick asked whose responsibility this was. Is this the responsibility of the City or the responsibility of those who run the program? Mr. Sielaff stated anyone who wants a daycare in an M-1 or an M-2 would require a special use permit. It would be under the review of the Planning Commission and the Planning Commission would still have the flexibility to deny the request if there are concerns. Mr. Hickok stated this was correct. The City Council would make the final decision. Mr. Zylla stated he was a partner in the land that is under consideration. He is looking at it from a broader issue. He was at the meeting with Mr. Ducharme and Ms. Olafson, who is representing the provider and who could provide additional information on the provider. In staff's presentation, some of the limitations don't seem part of the recommendation. When he drafted the zoning text amendment, he suggested it be a permitted or accessory use. Staff is recommending a special use. He still 3.05 PLANNING COMMISSION MEETING, SEPTEMBER 18, 1996 PAGE 6 feels it is a permitted use in a commercial district and the Planning Commission should allow this as a permitted use in an industrial district. He did not see the difference between the permitted and special use. He thought everyone recognizes that there is a lot of regulation that goes with this. The State regulates daycare very severely. The building and fire codes regulate this very severely. If you are concerned that you need to control due to concerns about sound and/or industriai noise, he did not think that would happen. Daycare providers will only locate in an area with a conducive environment for their program. If there is a user who generates noise, smoke, fumes, etc., the tenants would not want to locate there. Mr. Kondrick stated the situation could occur where a tenant leaves and a new tenant moves in having a different use. The mix could change. Mr. Zylla stated the daycare as a user will need a guarantee in their lease that nothing will happen to cause the adjacent uses to become a problem for them. He thought the Commission should k�ep in mind that this is a trend in our society. With more and more parents working, people want to be close to their children and like the convenience. When he wrote the language as he did with the use as permitted or accessory, he did so because more larger corporations are giving consideration to putting daycare in their buildings. They consider it a service to their employees and, in many case, a necessa�y part of the fringe benefit package they pro�ide. He thought the multi-tenant thing should be considered carefully. It would not affect them, but it something to consider. He does not have a problem with the a�teri�l street. The 30� area does not affect them. In their particular building, they have more of a hybrid industrial/office use. Most of the uses in the building are office. The uniqueness of the site and appeal is that the parcel is 6.58 acres so it is a large parcel with trees next to the building and it is not visible from 73rd. It is a nice, private industrial area as opposed to the John Allen building which is an industrial warehouse in character. That area is also totally different in character. He did not have a particular problem with the other uses. Mr. Zylla stated he did have a concern with the parking space requirements. There are 2o employees who are not there all the time. The center is currently licensed for 99 children and the parents come and go at intervals. At 1:100 as suggested, they would be required to provide 65 spaces which seems severe. He did not think the parking requirement should be greater than the requirement in the district or they may be forced to come in for a variance. 3.06 PLANNING COMMISgION MEETING, SEPT$MB$R 18, 1996 PAQ$ 7 Mr. Kondrick asked if Mr. Zylla thought the requirement was to high. Mr. Zylla stated yes. The user could also speak to that. �He did not do a parking count. They have enough parking for the building but the building is not full either. Parking is always something to be concerned about. He would rather not be subjected to an unusually rigid requirement and find that we cannot meet it when we know it is functionally not necessary. The only other concern relates to the limitation on signage which says no independent free-standing signs. If you have been to the site, they have a sign listing the tenants. They would like to have the daycare on that sign because it is not an easy place to find. They are excited about the possible amendment. He would like to see this as a permitted use. Hopefuily, with the other comments and consideration of concerns, we can get this passed on to the City Council and consummate their lease with this tenant. Ms. Olafson stated she was the divisional director for childhood services for the Children's Home Saciety. They currently operate 18 child care centers around the state, gener�lly affiliated with technical colleges. They currently operate a site at the Spring Lake Park High SGhool. Their intention is to move to this facility from the Spring Lake Park High School. The space they are currently using is needed by the school district, and they must move by June 1997. Ms. Olafson stated they now provide services for 99 children with 20 staff. They use abQUt 9 to 10 parking spaces which has been sufficient over the years. They have a comparable parking arrangement with the St. PauZ Companies where they have a center for 118 children with 12 parking spaces for the families. That should give an idea of their needs. 10 spaces �or staff and 12 for the families should be sufficient. They are licensed by the State and accredited which is a step above the requirements. They pride themselves in providing exceptional services. They have staff who have been with them for 10 to 15 years at the Spring Lake Park site. There is a lot of discussion about quality of day care and part of that discussion is the length of service For staff. Staff are long term and provide a continuity of service. They have a strong followinq of families in the Spring Lake Park community and have tremendous support to stay in this area. They believe the move to Fridley, while it would be a relocation, is a short distance and they could continue to serve the families they now serve plus additional families from Fridley as well. Ms. Olafson stated they have toured the building and looked at it very carefully. They would not put a center into anything but a pleasant environment for the children. The playground would be 3.07 PLANNING COMMISSION MEETING. SEPTEMBER 18. 1996 PAQB 8 private and protected with doors directly into the building. They have worked with an architect to design the inside to meet all the requirements and provide ample square footage. Beyond the code, they want to provide a positive approach to a - curriculum for the children. They are excited about this possibility. Mr. Kondrick asked how many children are in the present daycare center and how many will be in the proposed center. Ms. Olafson stated they currently have 99 children. The proposed space would be for 95 children. They �ill not go bigger than that. Mr. Sielaff asked if the State would come out and inspect the new facility. Ms. Olafson stated yes. They look at the plans ahead of time to make sure everything meets th�ir requirements. They will have to do some major renovation. Mr. Sielaff asked if the State considers the area beyond the center. Ms. Olafson stated no. Mr. Kondrick stated concerns have been raised about sound in the event noises are excessive. Ms. Olafson stated that is a good point. They have been through the building and did not zero in on how soundproof the building was, but they will look at it again. They do go at peak traffic times. They would work with Northco to make sure that the tenants coming in are not a detriment to their operation. Their board of directors will look closely at those issues before approving. Mr. Ducharme stated the owners of the building are as concerned about the noise as are the other tenants. Children can also be noisy and this is a concern. The appropriate precautions will be taken to soundproof the area. MOTION by Mr. Kondrick, seconded by Mr. Saba, to close the public hearing. OPON A VOICE VOTE, ALL VOTING AYE, CBAIRPBRSON SAVAGE DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARINa CLOSED AT 8:20 P.M. Mr. Kondrick asked how many parking spaces would this person be required to provide. 3.08 PLANNING COMMISSION MEETING, BEPTEMB$R 18, 1996 PAaB 9 Mr. Hickok stated, at the rate of 1:100 which staff feels is appropriate, Northco would be required to provide 65 spaces. That language comes from the code for daycares in a residential district. In the residential section of the code, the following language is included: (b) Reduction of parking spaces may be allowed when provision of space required for parking stalls, due to the particular nature of the proposed use or other considerations, would be an unnecessary hardship. Adequate open space shall be provided to satisfy the total number of required parking spaces. Mr. Hickok stated, at least in the residential section, it leaves some discretion. If.the Planning Commission feels this would be appropriate in the industrial district, staff can look at it. One concern of staff is the peak times in morning and evening when the industrial complex itself is busy and other demands on parking exist in the facility. Ms. Savage stated anather alternati�e would be the variance opportunity for special circumstances. Ms. Modig stated, on this site, we would require this tenant to have 65 additional spaces� Mr.. Hickok stated no. We would require 65 parking spaces be dedicated to this use. Ms. Modig asked how many spaces are available now. Mr. Hickok stated there are a number of pockets for parking at this site. He would estimate the total number of spaces to be over 200. The code recognizes there are demand times. There are alternating parking opportunities here. Staff believes there is ample space for those who work in the building. Staff wants to make sure that people are accommodated during the peak times. Ms. Savage stated this parking requirement would apply to everyone. She did not think the Commission sho�ld be concentrating on the particular applicant. Mr. Sielaff wondered why the requirement was needed at all. Ms. Savage stated we want some guidelines if this is qoing to apply to the M-1 and M-2 districts. Applicants have the opportunity to ask for a change when they apply for the special use permit. � Ms. Savage stated she had a question concerning the multi-tenant 3.09 PLANNINa COMMI88ION MEETING. SEPTEMBHR 18. 1996 PAa$ 10 building. If a corporation such as Onan wanted to have a daycare, how would that work into this amendment. Mr. Hickok stated one way in which to accomplish this could be to say that the daycare would be located in a building on an arterial street and to say that the day care maximum floor area shall not be more than 30� of the floor area of the building. Staff wants to make sure that an industrial site is not utilized as a daycare center. Mr. Zylla stated, regarding parking, 190 parking spaces at their site sounds about right. The general office requirement is 1 parking space for every 250 square feet (1:250).� They have 45,000 square feet of building space so they would need 180 spaces. If this would change to 1:100, the number of spaces becomes much higher or 450 spaces. That more than doubles the requirement. If the requirement remained the same as they are in the district, they would be fine. Or, have this considered as part of the variance application. He would rather not be applying for a variance. Mr. Hickok stated the proposed requirement comes out of the special use permit language for the residential district. The same section allows for a reduction in the number of spaces which may be allowed if this would be a hardship. This is essentially a proof of parking. If it is deemed th�t this use could survive with less, it does give the discretion to have less. Ms. Savage stated this is an issue that could be raised and discussed at the time of the special use permit application. Mr. Sielaff asked if it would be staff who would have the discretion to have less. Mr. Hickok stated, if built into the recommendation, it would give staff the ability to say we believe this caveat applies, the Planning Commission would have to concur, and the City Council approve. Mr. Sielaff asked if there was some problem in dropping the signage issue. There must be some sign restrictions that already exist in this district. Mr. Hickok stated the intent was not to limit the petitioner from having the name of the business on the freestanding sign. In this industrial complex, it would not allow them to have a second freestanding sign. If they wanted, they could give up the directory sign for a freestanding sign. It was meant to protect from those who want their own freestanding sign. 3.�0 PLANNINC3 COMMISSION MEETING, SEPTEMBER 18. 1996 PAGE 11 Ms. Savage stated, if there is already an existing freestanding sign with the existing tenants listed, they can put the additional tenant's name on that sign, but they cannot increase the size of the existing sign unless it is within the code� requirement. Mr. Hickok stated this was correct. They can work within the code requirements, but no additional freestanding signs would be permitted. Ms. Savage asked if the Commission would like to leave the parking criteria as presented or add additional language.. Mr. Sielaff stated he would like additional language. Mr. Saba stated he would like to go with the language that exists for the M-1 and M-2 district. He did not see that a daycare center would require the extra parking. He felt the requirements in the zoning code were adequate. Mr. Sielaff stated he thought the language as presented was too restrictive. Ms. Savage stated she would prefer leaving it as it is without being too specific because the Commission would be dealing with all kinds of businesses. It will also depend on the type of industrial complex involved. She would personally prefer to leav� some decrease without a fixed number of parking spaces put into an ordinance that wili have many different types of applicants. Mr. Saba stated the code already indicates the number of spaces required, the size of the spaces, etc. It is now that there is a daycare in the facility. Mr. Sielaff stated, with discretion, we could allow even less parking. Ms. Modig stated she thought they should be more language in order to allow some flexibility to make a change. If the requirement is 1:250 and there is not enough room for that to happen, there must be a way to get around that. She would like to add language from the residential section that gives them a window and also gives the Planning Commission a window to deny the request. Ms. Savage stated an issue for discussion is whether this should be a special use or a permitted use. 3.11 PLANNING COMMISSION MEETING, SEPTEMBER 18. 1996 PAGE 12 Mr. Kondrick stated he could see Mr. Zylla's point but he would still like to control the request through the special use process. Mr. Saba stated he liked the special use because there is also flexibility with the parking issue. Mr. Kondrick stated he agreed with Mr. Saba regarding the 1:250 parking ratio. He did not know why this would be a problem. Ms. Savage stated the Commission is not addressing this particular application. The Commission is addressing an ordinance amendment. The issue in front of us is an ordinance amendment. The petitioner will have to come before us again for a special use permit if this is approved. Mr. Saba stated the existing code for parking in an industrial district is 1:250. He did not see a need to change that. Mr. Kondrick stat�d we can say they are not special. If we had heard the 1:250 rule, it would meet their �equirements. If a person needed more or less, we could also deal with that through the special use process. Ms. Modig suggested they leave the parking requirement at 1:250 and add the statement from the residential section. If there is a oroblem with an applicant, it could be handled on a case-by- case basis and would provide a window. Ms. Savage asked why stafi felt the 1:100 was the appropriate ratio to use. Mr. Hickok stated it is consistent with daycare, and daycare does have a crunch time in the morning and in the afternoon which can cause a conflict with parking. The 1:100 ratio is a consistent piece across areas of the code. In the residential area, they did not want parking to spill over onto the street. There is the same concern in the industrial district. Mr. Sielaff asked, in Spring Lake Park, does the daycare center have a designated number of parking spaces. Ms. Jenco stated they have 30 spaces. They share a parking facility with the other programs that are in the same wing. It does not seem to create a problem that staff are foreseeing. There is something of a crunch time, but it is really more staggered more often. Occasionally, there may be a number of people showing up at one time but that is not the norm. She has children in her classroom that may arrive as early as 6:30 a.m. or as late as 10:30 a.m. They currently have about 30 parking 3.12 PLANNING COMMISSION MSETING, SEPTBMBSR 18. 1996 PAGB 13 spaces for their program and the other programs in their wing. Because they share, their need is even less. People are there for short periods of time and they don't all show up at the same time. Arrivals are staggered. On the sign in/sign out sheet, she rarely sees more than one person coming at one time. Ms. Olafson stated they are talking about 70 families. If only half come at any one time, that is only 35. Ms. Savage stated the center in Spring Lake Park is not in an industrial building. We are looking to have general language which will provide the controls we need for all situations. She personally would like to keep the requirement the way it is. Mr. Zylla stated they must understand that the 1:100 clearly is related to residential, and he knows there is special consideration for residential. He thought whether it is quasi- public or religious institutions, they can have the tendency to disturb the serenity of the residential districts. This is industrial. Also bear in mind that nqt al� the employees come to work at the sam� time. Plus, the landlord is not going to create a situation that is contrary to the zoning code that jeopardizes the parking requirements for the other tenants. Mr. Kondrick stated he felt the 1:250 ratio with some flexibility was acceptable. He would be comfortable with that. It would be consistent with the zoning for the industrial district. Mr. Sielaff stated they are restricting the parking to 1:250 and allowing more if that is a burden. Ms. Savage stated, regarding signage, she thought they should add language that there should be no additional freestanding signs. Ms. Savage stated the multi-tenant would be deleted so the statement would just say "building". Ms. Savage stated she agreed in general but she did not agree with the parking change. Mr. Sielaff he was not tied to the one as presented. The options are to go with the 1:100 square feet with the flexibility built in or to go with 1:250 square feet with the flexibility built in as is in the existing code. Ms. Modig stated by doing this they current code but also providing an could be more or less restrictive. 3.13 would be complying with the opportunity to change. They PLANNING COMMISSION MEETING, SEPTEMBER 18. 1996 AQ$ 14 Mr. Hickok stated the ratio of 1:250 is more liberal. Staff would like to see it more restrictive with the latitude to loosen the requirement. Ms. Savage stated Mr. Saba is saying we should stay with the existing parking space requirements for the M-1 and M-2 district. She does not agree because this does not take into consideration that you would have more people coming in for the daycare. Mr. Saba stated it takes into consideration the space requirements for the industrial complex. For every 250 square feet, they need 1 parking space. It has to do with the size of the building and the percentage of=square feet that will be allowed for the daycare. Ms. Savage asked Mr. Hickok to clarify the areas of the code where these parking ratios are indicated. Mr. Hickok stated the 1:250 ratio is the typical industrial parking requirement. 1:i50 is for retail which is more restrictive. Mr. Kondrick stated he thought the industrial zoning was restrictive enough. Mr. Sielaff stated, if you go with the addi�ional language from the residential section, you are actually laosening the requirement. If you say 1:100, you can then loosen it. If you go 1:250, you have already reduced the requirement. The 1:100 is most restrictive and gives the most flexibili�y. Ms. Savage stated the City's position is that you will have more people with this added element. With a daycare there, there will be more traffic and more of a parking requiremen�. Ms. Modig asked if the idea for this use was to fit in with the industrial district regarding the buildings, code, etc. By changing the parking from industrial to residential, it does not mesh. The parking must fit in with the rest of it. Ms. Savage stated the problem with the industrial parking ratio is that it does not allow for additional demand. Mr. Saba stated, when the building is constructed, they had a parking requirement. Now for a daycare to go in, they must change that. It makes it difficult to put in a daycare center. From his knowledge of the daycare centers and the working hours at the facilities he has worked, people come in at a variety of times. 3.14 PLANNING COMMISSION MEETING, SEPTEMBER 18, 1996 PAGE 15 Ms. Modig stated she came down 73rd that evening. There are a lot of cars leaving at the same time in this particular area. Ms. Savage asked, if we go with the current requirement of 1:250, how can we if necessary increase the parking if there is a situation where that is needed. Mr. Hickok stated there is a provision in the residential portion that states, "When the provisions for required parking space is inadequate, the City may require additional off-street parking be provided." Mr. Sielaff stated he could support the 1:250 ratio with that language. MOTION by Ms. Modig, seconded by Mr. Kondrick, to recommend approval of a Zoning Text Amendment, ZTA #96-01, by Northco Corporation, to amend the Fridley City Code, Chapter 205, entitled "Zoning", by amendi�g Section 205.17.C., "Uses Permitted with a Special Use Permit", by adding: 205.17.C.(5) Commercial Daycares, and renumbering consecutive sections; and by amending Section 205.18.C., "Uses Permitted with a Speciai Use Permit", by adding 205.18.C.(5) Commercial Daycares, and renumbering consecutive sections; with the following amended stipula�ions: l. Daycare centers shall be located in a building located on an arterial. 2. Daycare centers sha11 not exceed 30� of the floor area of the building. 3. Outdoor play areas shall be contiguous to the building. 4. Pedestrian crossing areas shall be clearly marked through the use of pavement markings and traffic signs. 5. Parking shall be at the rate of 1 space for every 250 square feet of usable daycare space (1:250). (a) Reduction of parking spaces may be allowed when provision of space required for parking stalls, due to the particular nature of the proposed use or other considerations, would be an unnecessary hardship. Adequate open space shall be provided to satisfy the total number of required parking spaces. (b) When the provisions for required parking space is inadequate, the City may require additional off-street parking be provided. 3.15 PLANNING COMMIBSION MEETING, SEPTEMBBR 18. 1996 PAQB 16 6. Signage shall be limited to wall signage and shall be in compliance with Section 214 of the City Code. No additional freestanding signs shall be allowed. 7. Daycare shall be licensed in accordance with the State and County requirements. 8. Daycare centers shall comply with building code occupancy and separation requirements. 9. Loading and drop-ff areas shall be designed so as not to infringe on traffic flow. IIPON A VOICS VOT13, ALL VOTING AYE, CHAIRPERSON DBCLARED THE MOTION CARRIED IINANIMOIIBLY. Mr. Hickok stated the City Council would consider this item on October 14. 2. RECEIVE THE MINUTES OF THE PARKS AND RECREATION COMMISSION MEETING OF AUGUST 12 1996 (along with September 9 1996 update) MOTION by Mr. Kondrick, seconded by Mr. Saba, to receive the minutes of the Parks and Recreation Co�aission meeting of August 12, 1996, along with the September 9, 1996, update. OPON A�OICE VOTE, ALL 90TING AYE, CHAIRPERSON SAVAGE DBCLARED THE 1rIOTION ClilRRIED IINANYMOIISLY. ADJOURNMENT MOTION by Mr. Sielaff, seconded by Mr. Saba, to adjourn the meeting. IIPON !� VOICE VOTE� ALL VOTING AYE, CHAIRPERSON SAVA(�S DECLARED THE MOTION CARRIED AND THE SEPTEMBBR 18, 1996, PLANNING COMMISSION MEETING ADJOIIRNED AT 9:06 P.M. Respectfully submitted, ....�� ,��, �, � � ��,� �� ,� �� % �t,�� Lavonn Cooper � Recording Secretary 3.1s s I G N— IN S H E E T PL�NNING COMMTggIaN.MEETING, September 18, 1996 3.17 ��s-t�- k��:i.,: / MEMOR.ANDUM PLANNING DIVISION DATE: September 24, 1996 � TO: �Iliam Bums, City Manager fi� FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Establish Public Hearing for a Zoning Text Amendment, ZTA #96- 01, by iVorihco; 350 - 73rd Avenue N.E. At its September 18, 1996, meeting, the Planning Commission consid�ared the zoning text amendment to amend Section 205, `entitled "Zoning", to allow daycare centers in the M-1, Light Industrial and M 2, Heavy lndustriai di�tricts. The Commission voted to recommenci approval of the zoning text amendment to the City Cour�cil. The zoning ordinance requires the City Coun�il to conducf public hearings for all zoning text amendments. Staff recommends tnat the City Council establish October 14, 1996, as the date of the public hearing. MM/dw 11 •� ... 4.01 PUBLIC HEARING BEFORE TI� PLANNING C4MIVIISSION Notice is hereby given that there will be a public hearing of the Fridley Planning Commission at the Fridley Municipal Center, 6431 University Avenue N.E. on Wednesday, September 18,199b at 7:30 p.m, for the purpose of Consideration of a Zoning Text Amendment, ZTA #96-01, by Northco Corporation, to amend the Fridley City Code, Chapter 205, entitled "Zoning": By amending Section 205.17.C., "Uses Pernutted with a Special Use Permit", by adding: 205.17.C.(5) Daycare Centers provided they meet the following standards: a. The daycare center shall be located in a multi-tenant building located on an arterial street. b. The daycare center shall not exceed 30 % of the floor area of the building. c. Outdoor play areas shall be contiguous to the building; Ghildren shall not cross vehicle driving or parking azeas. d. Pedestrian crossing areas shall be clearly marked through the use of pavement markings and traffice signs. e. Parking for the daycare center shall be provid�i at a rate of 1 space per every 100 square feet of useable daycare space. f. Signage shall be limited to wall signage and shall be in compliance with Section 214 of the City Code. g. The daycare center shall be licensed in accordance with State and County requirements. h. The daycare center shall comply with building code occupancy and separation requirements. 4.02 i. Loading and drop-off areas shall be designed so as not to infringe on traffic flow. and renumbering consecutive sections; and By amending Section 205.18.C., "Uses Permitted with a Special Use Pernvt", by adding: 205.18.C.(5) Daycare Centers provided they meet the following standards: a. The daycare center shall be located in a multi-tenant building located on an arterial street. b. The daycare center shall not exceed 30 % of the flaor azea of the building. c. Outdoor play areas shall be contiguous to the bu2lding; children shall not cross vehicle driving or parking areas. d. Pedestrian crossing areas shall be clearly marked through the use of pavement markings and traffice signs. e. Parking for the daycare center shall be provided at a rate of 1 space per every 100 square feet of useable daycare space. f. Signage shall be lirnited ta wall signage and sha11 be in compliance with Section 214 of the City Code. g. The daycare center shall be licensed in accordance with State and County requirements. h. The daycare center shall comply with building code occupancy and separation requirements. i. Loading and drop-off areas shall be designed so as not to infringe on traffic flow. and renumbering consecutive sections. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. Any questions related to this item may be refened to the Community Development 4.03 Department at 572-3593. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than September 1l, 1996. Publish: September 8, 1996 September 15, 1996 4.04 DIANE SAVAGE CHAIR PLANI�TING CONIlVIISSION MEMORANDUM DEVELOPMENT DIRECTOR DATE: September 24, 1996 TO: William Bums, City Manager �� FROM: Barbara Dacy, Community Development Director Scott Hickok; Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Establish I'ubiic Hear�ng for the Sale of Excess Property Located at 7th Street and 61 st Avenue � In conjunction with the recent Independent School District #14 plat and vacation requests, land is to be transferred befinreen the City and the School District. The City will be transferring the block of larid defined by 7th Street on the west, 61st Avenue on the north, West Moore Lake Drive on the east, and unimproved 60th Avenue on the south (see attached map). In order for the City to dispose of excess property, State Statute requires the City to conciuct a public hearing. Staff re�ommends that the City Council establish October 14, 1996 as the date of the public hearing. MM/dw M-96-391 5.01 r�� ►-� �� .�� I�:r�[�l ��►�iI!�� MEMORANDUM DEVELOPMENT DIRECTOR DATE: September 24, 1996 e_ �Y TO: �Iliam Bums, City Manager�`� FROM: Barbara Dacy, Cornmunity Development Director SUBJECT: Establish Public Hearing for Proposed Fair Housing Ordinance Fritz Knaak, in conjunction with Jodee Kozlak of Greene Espel, has prepared a proposed �air Housing ordinance as required by the Settlement Agre�ment with the Sylvan Oaks Tenant's Association. The ordinance will be reviewed by the Human Resources Commission at its October 3, 1996 meeting and by the Pianning Commission at its October 16, 1996 meeting. The HRA has reviewed the ordinance at its September 12, 1996 meeting. RECOMMENDATION Although not required by the City Charter, a public hearing is recommended to be established for the City Council meeting on October 28, 1996. First reading of the ordinance would then occur at the first meeting in November. BD/dw M-96-442 6.01 � � ��N �F FRlDLEY MEMORANDUM Municipal Center 6431 University Avenue Northeast Fridiey, Minnesota 55432 {612) 572-3507 FAX: (612) 571-1287 Memo to: From: Subject: Date: William W. Bums, City Mana er �� g fi William C. Hunt, Assistant to the City Manager 1997 Budget for the North Metro Convention and Visitors Bureau September 26, '1996 William C_ Hunt Assistant to the City Manager �� In accordance with the agreements with the five member cities, the North M�tro Convention and Visitors Bureau is require�! to submit its 1997 budget to each city prior to'the last day of September 1996. Subrr�ission of the budget is for information onty with no action necessary by the Fridley City Council otfier than to receive the document. I am enclosing a copy of the 1996 budget for the Bureau which was approved at the September 11, 1996 meeting of the Board of Directors. I request that you present it to #he Fridley City Council for a motion to receive at their September 30, 1996 meeting. WCH/jb Attachment 7.0 � � 2 0 ��` ,�� 1�� CONVENTION � VISITORS BUREAU MEMORANDUM DATE: September 19, i996 TO: Bill Burns, City Manager City of Fridley FROM: Patrick Laniel, Executive Director North Metro Minneapolis Convention & Visitors Bureau RE: Reviewing of 1997 Financial Budget by City Council As in our agreement, I submit the 1997 annual budget for your review. I will be available to appear before the city council if sa desired t� answer any questions anyone may have. Thank you for the support you have given me the past several months in my new position. 6205 Earle Brown Dr., Suite 100 Brooklyn Center, MN 55430 612/566-7722• 800/541-4364 FAX 612/566-6526 Serving the Communities of: Blaine, Fridley, Brooklyn Center, Brooklyn Park, Maple Grove Members MACVB/IACVB 7.�2 NORTH METRO MINNEAPOLIS CONVENTION & VISITORS BUREAU 6205 EARLE BROWN DRIVE, SUITE 100 BROOKLYN CENTER, MN 55430 1997 BUDGET INCOME Lodging tax Accounts Receivable MOT Partnership Interest TOTAL INCOME EXPENDITURES I. Administration II. Marketing III. Sales and Promotion I��l V. Memberships Public Relations TOTAL EXPENDITURES TOTAL INCOME $575,004.00 TOTAL EXPENDITURES $575,708.00 PROFIT/LOS5 $ <704.00> 7.03 $547,000.00 $ 13,500_00 $ 12,500.00 $ 2,004.000 5575,004.00 $277,500.00 $205,000.00 $ 28,700.00 $ 12,500.00 $ 52,008.00 $575,708.00 NORTH METRO MINNEAPOLIS CONVENTION & VISITORS BUREAU 1997 BUDGET I. ADMINISTRATION Salaries Payroll taxes Unemployment taaces Office rent Office equipment Maintenance & service agreements Office supplies Telephone Postage%ourier/UPS Auto mileage/parking Printing/stationary Temporary help Insurance - Workers Comp Insurance - Officers & Directors Insurance - Genera( Liability Audit/tax preparation Professional accounting fees Board of Directors Conferences and Schools Legal Counsel InternedComputer Related TOTAL ADMINI�TItATION II. MAI�KETING Standard collateral Reference materials Local ad��ertising & promotion Meeting & Conventions Tour & Travel Sports Leisure Consumer (Tourism) Special promotions National Sports Center TOTAL MARKETING 7.04 $178,000.00 14,000.00 3,000.00 19,100.00 3,600.00 3,600.00 3,600.00 7,000.00 3,500.00 4,400.00 3,000.00 2,000.00 2,500.00 2,500.00 800.00 2,500.00 4,R00.00 1,600.00 7,000.00 1,000.00 10,00.00 $277,500.00 $ 9,000.00 1,000.00 3,000.00 48,000.00 26,000.00 21,000.00 69,000.00 6,000.00 22,000.00 $205,000.00 NORTH METRO MINNEAPOLIS CONVENTION & VISITORS BUREAU 1997 BUDGET III. SALES AND PROMOTION Airfare Hotel - travel Meals - travel Entertainment - travel Meals - local Entertainment - local Mileage/parking/ta�ci - travel Car rental $ 8,000.00 8,000.00 3,200.00 500.00 2,000.00 3,000.00 2,000.00 2,000.00 TOTAL SALES & PROMOTION $ 28,700.00 IV. MEMBERSHIPS Metro Assn. of CVB's $ MN Assn. of CVB's MN Society of Assn. Executives (MSAE) North Hennepin Chamber � Brooklyn Center Chamber Fridley Chamber Hospitality Sales & Marketing (HSMA) Meeting Professionals, Inc. (MPI) Chicago Society of Assn. Executives (CSAE) Twin Cities Tourism Attractions Assn. Tour Managers Assn. (TMA) MN Festival & Events Religious Conference Managers Assn. (RCMA) Int'1 Assn. of Convention & Visitor Bureaus National Tour Assn. (NTA) American Bus Assn. (ABA) Other Memberships 6,000.00 350.00 500.00 250.00 250.00 200.OQ 200.00 szo.00 275.00 450.00 300.00 125.00 100.00 1,200.00 475.00 400.00 905.00 TOTAL MEMBERSI�PS $ 12,500.00 V. ADVERTISING, MARKETING, & PUBLIC RELATIONS Public Relations campaign & skybox Special events & promotions Local festivals Marketing Services and fees TOTAL PUBLIC RELATIONS 7.05 $ 18,000.00 12,000.00 10,008.00 12,000.00 $ 52,008.00 TO: WILLIAM W. BURNS, CITYMANAGER �I � � FROM.• RICHARD D. PRIBI'�, FINANCE DIRECTOR SUBJECT.• Receiving the Recommendation from Springsted regarding the sale of $2,935,000 General Obligation Bonds, Series I996A DATE: September 27, 1996 Attached you will find the recommendations that have been provided to us by Springsted, the city's tinancial advisor. Their recommendations l�ave been prepared. in conjunction with the above mentioned bontl sale. They have provided the necessary preparatory work reqaired for the sale of the generai abligation bonds that are necessary to replenish the city's wor�ing capital that has been used to temporarity fund the projects. There is an outline on page 5 of the recommendations that identifies the projects within each classification of project. This bond issue is made up of three components (street improvements, storm water, and water) and have been structured separately and combined into the larger consolidated size to enhance the marketability of the issue and re�luce the ov�rall cost of the issuance. Page 6 shows the com6ined debt service schedule for the total bond issue and the sources of revenue expected to 6e available for repayment of the bonds. Staff recommends that Council receive the recommendation. 8.01 Recommendations For City of Fridley, Minnesota $2,935,000 General Obligation Bonds, Series 1996A Presented to: Mayor William Nee Members, City Council Mr. William Burns, City Manager Mr. Richard Pribyl, Finance Director City of Fridley 6431 University Avenue NE Fridley, MN 55432-4383 Study No.: F1287.M1 SPRINGSTED fncorporated September 26, 1996 8.oz / SPRINGSTED Pu61ic Finance Advisors Re RECOMMENDATIONS Recommendations for the Issuance of $2,935,000 General Obligation Bonds, Series 1996A The proceeds of the bonds will be used to finance street storm water and water improvement projects within the City. The composition of the bond issue, including a breakdown of the three separate components for street, storm water and water improvements, is shown on page 5 of these recommendations. We recommend the following for the bonds: � � 4 � � 7 � Action Requested Sa/e Date and Time Authority and Purpose for the Bond /ssue Principal Amount of Offering Repayment Term To establish the date and time of receiving bids and establish the terms and conditions of the offering. Monday, October 28, 1996 at 1:00 P.M. with award by the City Council at 7:30 P.M. that same evening. The bonds are being issued under Minnesota Statutes, Chapter 475. In addition, the street improvement portion of the bonds is being issued under Minnesota Statutes, Chapter 429 and the utility improvement portions are being issued under Minnesota Statutes, Section 444.075. $2,935,000. See page 5 of these recommendations for the composition of the bond issue. The first semiannual interest payment on the bonds is due August 1, 1997. Principal payments are due February 1, 1998 through 2�12. Source of Payments Payments on the bonds will be made primarily from a combination of special assessment collections and storm water and water utility revenues. A small annual generai ad valorem tax levy of $8,900 will be made for the repayment of a portion the storm water component of the bond issue. Prepayment Provisions The City may elect on February 1, 2005, and on any day thereafter, to prepay bonds due on or after February 1, 2006 at a price of par plus accrued interest. Book Entry We recommend the bonds be issued as "book entry only" obligations through the Depository Trust Company ("DTC"). Under the book entry system, investors will not 8.03 City of Fridiey, Minnesota September 26, 1996 �] 10 11 C�edit Rating Comments receive printed bonds but will have oniy a record from the broker/dealer stating they are heid by the depository. The use of the book entry system eliminates all costs to the City for printing physical bonds. We recommend you retain a bank as registrar, however, to act as the paying agent to OTC and to send the City notices of the semi- annual payments due. The City is currently rated "Aa1" by Moody's Investors Service. This issue requires a rating application to assure continuation of the rating. Bank Qualification The City does not expect to issue over $10,000,000 of tax-exempt obtigations in 1996 and therefore this issue will be bank- qualified. Issues which are bank-qualified generally receive lower interest rates than issues which are not bank-qualified. Rebate Requirements All tax-exempt issues are subject t� the federal arbitrage requirements. However, since the City will issue less than $5,000,000 in tax-exempt financings in 1996, it may exernpt itself from rebating arbitrage earnings to the federal goverr�men#. 12. Bona Fide Debt Service Fund The City must maintain a bona fide debt service fund or be subject to yi�ld restriction. A bona fide debt service fund is a fund for which ihere is an equal matching of revenue to debt service expense, vvith a carry-over permitted equal to the greater of the investment earnings in the fund during that year or 1 1/2 of the debt service of that year. 13. Economic Life The average life of the bonds cannot exceed 120% of the economic life of the projects to be financed. The economic life of street and utility improvements is 20 and 50 years, respectively. The bonds are therefore within the economic life requirements. 14. Federal Reimbursement Regulations Federal reimbursement regulations require the City to make a declaration, within 60 days of the actual payment, of its intent to reimburse itself from expenses paid prior to the receipt of bond proceeds. It is our understanding the City has taken whatever actions are necessary to comply with the federal reimbursement regulations. : 1 � Page 2 City of Fridiey, Minnesota September 26, 1996 15. Continuing Disc%sure This issue is subject to the continuing disclosure requirements, as was the City's 1995 bond issue. The SEC rules require the City to undertake an annual update of its Official Statement information and report any material events to the national repositories. Springsted also provides continuing disclosure services. We have forwarded to City staff a summary of the SEC's continuing disclosure requirements and a contract for our services if the City so desires. 16. Attachments Composition of the Issue Debt Service Schedule Assessment Income Schedules Terms of Proposal DISCUSSION The bonds will be repaid primarily from special assessments and net revenues of the City's storm water and water utilities. Each of the three portions of the bond issue (street improvements, storm water and water) have been structured separately and combined into the larger consolidated size to enhance the marketability of the issue and reduce the costs of issuance. Page 6 shows the combined debt service schedule for the total bond issue and th� sources of revenue expected to be available for repayme�t of the bonds. Improvement Portion This portion of the bond issue is expected to be repaid sol2ly from special assessment collections over a term of ten years. Pages 7 and 8 show the schedule of projected assessment income for #he street improvement portion totaling $317,894 of principal for the four projects. Special assessments will be filed on• or about October 28, 1996 and spread over a term of ten years in even annual principal installments with interest charged on the unpaid balance at 6.5%. The first collection of assessments will be received in 1997 and are expected to be sufficient to make the iirst interest payment due August 1, 1997 and the subsequent February 1, 1998 principal and interest payment on the improvement portion of the bonds. This cycle will continue for the life of the issue. Storm Water Portion The storm water portion of the bond issue is expected to be repaid from a combination of net revenues of the storm wate� utility, special assessments, and a small annual tax levy of $8,900 over a term of ten years. Pursuant to Minnesota Statutes, Section 444.075, the City covenants in the resolution to be adopted at the time of award of the bonds, to maintain �ates and charges of the storm water utility high enough to pay the required debt service and also the operations of the utility. Rates should be examined every year at budget time to make sure they produce sufficient revenues. $.��J Page 3 City of Fridley, Minnesota September 26, 1996 Page 9 shows the projected assessment income for the storm water portion totaling $235,483 of principal for the two projects. Special assessments will be fi�ed in the same manner as those for the improvement portion. Water Portion This portion of the bond issue has been amortized as even annual debt service over a term of 15 years and will be repaid solely from net revenues of the City's water utility. Like the storm water portion, this portion of the bond issue is also being issued under Minnesota Statutes, Section 444.075 and is subject to the same covenants to maintain rates and charges sufficient to pay debt service and operations of the water utility. Revenues received in 1997 are expected to be sufficient to make the first interest payment due August 1, 1997 and the subsequent February 1, 1998 principal and interest payment of the water utility share of the bonds. This cycle will continue for the life of the issue. Respectfully submitted, � �p .�.��%^' //��'�-�-��c�� / � SPRINGSTED Incorporated Provided to Staff: a} Summary of Continuing Disclosure Requirements b) Continuing Disclosure Contracts $•OS Page 4 CITY OF FRIDLEY, MINNESOTA General Obligation Bonds, Series 1996A Composition of Issue Improvement Portion Main Street East River Road Phase 3 1995 Street Reconstruction Mississippi & 3rd Street Total Project Costs to be Bonded Plus: Costs of Issuance Plus: Allowance for Discount Less: Investment Eamings Total Improvement Portion Storm Water Portion Locke Lake Dam Stoneybrook Creek Total Project Costs to be Bonded Plus: Costs of Issuance Pfus: Allowance for Discount Less: Investment E�mings Total Storm Wate� Portion Well #12 Filtration Pfus: Costs of Issuance Plus: Allowance for Discount Less: Investment Eamings Total Wate� Portion Total Bond Issue 194,839 46,560 21,495 55.000 317,894 1,908 3,840 3 642 512,928 335,122 848,050 8,448 10,320 1� ,818) 865,000 1,714,300 16,895 21,000 2 195 1,750,000 2,935,000 Note: Costs of issuance and the allowance for discount bidding are prorated between the three portions of the bonds based on a percentage of tota/ project costs. 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U") � +�+ U L � I�CO�OrNM�ttA(O C� c0 � �G�O�0000000 � i N� �� O O O O O O O ,--1} � r�-�NNNNNNN O Cq �, � 8.10 0 C L� �O f� CO � O.- N th �� t- ri tC � ��000000 rl d � �01�C�000000 �.�1} � rrrrNNNNNN � � � c � � rl V- � � L �F- ti ++ � � � � T L � ++ C7 C � •�-1 N T � � � 'a ++ 3 .--1 d C c0 � � f� Page 8 (O � m �- i� � � L O O N a L O m V � C 6 �--� d +� O Q W d H � � C� � Z N �--� L � fC d a � � L a � m W � O U 2 H � Z W � � � W � � Q 0 w H U W � O � Q Q �D � � � N N .,..� L � N H O <n � � W C Z Ca � C � C O O rl ^ � +r } }� L W cti O J � a. � rl �--� •-� L 2 � d tL O ++ � ��3 � L E I}- C O � m � U G9 tA � � � � O � � F-. � � �-+ � N � J d � L � Q m � +r � i-� C � H � O � � � � � � d � � � � U � � � � •.� � � L � a � � � c0 � � � � � � � Y r d � N CO L N U � ++ dP � O u� O � Y � d p � O C. !C1 � O d • � G- • }+ (D � � � C �" � %1 � �"� y 1 N t� C � O i�+ � .-1 � CA C (p � .,� Q , .� -.-� � � U � � C � •...� � � � a � � � cs � ++ � � F � � .- �N +�dP � o v� o � � r � Q � Y L � � t4 y • � J • � �O � d C � N ++ �--i Qr � Y Rf U 0 O J �I .--� � C � � � a � r-I •.�1 � '^� U � � c � •...� � L � � � � � U L � N fC � � � � ,.� } � O U � C L � � � � � � � ..� } . � � O�tOMNr�O�N tn cONC�cOChOI�vOOO rn �f�f�N1�NC0�-t�0 ch � t� tp � N �� GO <O tn N �('7MCOMMNNNN N t`� N�O�A�etC7t'�N�� N CO1��•-GOtnN�lOt� .- Ol�NI` �tprtn0![� Q3 00 C7 N O� f� (O � M � (p e- r � �- pp 00 OD Ca 00 00 CO GO 00 CO r ('7 �'cf�d'�C��7�tf) 00 � tn tn � 1� 11) tn tn � tn �t co ch co ch th ch ch c� ch ch in NNNNNNNNNN f7 N f�(ONGO�'Ot0N00� i� �AOI�t�Of�MOtOC7 00 Mt��NO1�tnMOOD N <D tl) tn tf7 tA � Q� st ('� � � � I�tCNCOetOCON00et f� �Of�MOf�c^�OtDC� 00 I��GC(O�r�I��N N N N T T � r- M T O O O O O O O O O O O O O O O O O O O O O O ca co cfl co co ca ca cc ca cc o r� ri ri ri ri ri ri ch ri ri cn M M 00 � td CO � tC) CO r OD CO N�NNNf9C9th�� O NtOMOf��r-ODtf)N � LnTO�t�(OtnC9NT c� COMMNNNNNNN I� N co �noco�_oco►�ocor� �n f� f� I� f� CO CO CO �� N N<DCOOf��COtAN CO �TO�I�(DtA[9NT M rr-� ti � � � � � � � � � � M � � � �t 'ct � �t � � tn 00 � � � � � � � � � � � � � � � � � � � � � � � � e- � r- � �.- � � � � 1�o0rn0.-NC��tnc0 �� O O O O O O O �� O O O O O O O •-��NNNNNNN N J 8.11 0 <0/�00 �OrNthQtA F- �� O O O O O O �� O O O O O O �"��--�NNNNNN m C rl .-�i �-I � E O L � ti � � N � L � � � C� +-1 N � N m O a +� � � d U +� � t� ►-a a .a � C -.� .-1 � � E O L v- • � N � L� ++ C7 C � +-� N � N N O � � .-�i N C c0 H � (0 Page 9 THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASiS: TERMS OF PROPOSAL $2,935,000 CITY OF FRIDLEY, MINNESOTA GENERAL OBLIGATION BONDS, SERIES 1996A (BOOK ENTRY ONLY) Proposals for the Bonds will be received on Monday, November 4, 1996, until 11:00 A.M., Central Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 7:30 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Proposals may be submitted in a sealed envelope or by fax (612) 223-3002 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the fina! Proposal price and coupons, by teieph�ne (612) 223-3000 or fax (6i2j 223-3002 for inclusian in the submitted Proposal. Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. Proposals may also be filed electronically via PARITY, in accordance with PARITY Rules af Participation and the Terms of Proposal, within a one-hour period prior to the time of sale established above, but no Proposals will be received after that time. if provisions in the Terms of Proposai conflict with the PARITY Rules of Participation, the Terms of Proposal shall control. The normal fee for use of PARITY may be obtained from PARITY and such fee shall be the responsibiiity of the bidder. For further information about PARITY, potential bidders may contact PARITY at 100 116th Avenue SE, Suite 100, Bellevue, Washington 98004, telephone (206) 635-3545. Neither the City nor Springsted Incorporated assumes any iiability if there is a maifunction of PARiTY. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purcMase the Bonds �egardless of the manne� of the Proposal submitted. DETAILS OF THE BONDS The Bonds will be dated November 1, 1996, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing August 1, 1997. Interest wil� be computed on the basis of a 360-day year of twelve 30-day months. The Bonds will mature February 1 in the years and amounts as fo!lows: 1998 $170,000 1999 $205,000 2000 $205,000 2001 $215,000 200'2 $215,000 2003 $220,000 2004 $230, 000 2005 $240,000 2006 $245, 000 2007 $255,000 2008 $ 9 30, 000 2009 $140,000 2010 $145,000 2011 $155,000 2092 $165,000 8•12 Page 10 BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, representing the aggregate principal amount of the Bonds matu�ing in each year, will be registered in the name of Cede 8 Co. as nominee of The Depository Trust Company ("DTC"), New York, New York, which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of p�incipal and interest payments to beneficial owners by participants will be the responsibitity of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the re�istrar. OPTIONAL REDEMPTION The City may elect on February 1, 2Q05, and on any day thereafter, to prepay Bonds due on ar after �ebruary 1, 2006. Redemption may be in wi�ole or in part and if in part at the option of the City an� in such manner as the City shall determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City v✓iil pfedge its full faith and credit and power to levy direct general ad valorem taxe�. In addition the City will ple�ge special assessmenis against benefited property and net revenues of the City's storm water and water utilities. The proceeds will be used to fin2nce street and utility improvements within the City. TYPE OF PROPOSALS Proposals shall be for not less than $2,899,780 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ("Deposit") in the form of a certified o� cashier's check or a Financial Surety Bond in the amount of $29,350, payable to the order of the City. If a check is used, it must accompany each proposal. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an undennrriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The City will deposit the check of the purchase�, the amount of which will be deducted at settlement and no interest will accrue to the purchaser. I� the event the purchaser fails to compty with the accepted proposal, said amount wili be retained by the City. No proposal can 8.13 Page 11 be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having besn made. Rates shall be in integral multiples of 5/100 or 1J8 of 1%. Rates must be in ascending order. Bonds of the same maturity shaN bear a singfe rate from the date of the Bonds to the date of maturity. No conditional p�oposals will be accepted. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the risht to: (i) waive non-substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and, (iii) reject any proposal which the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitmeni therefor at the option of the undenanter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the p�rchaser of the Bonds. Any increased costs of issuance of the Bonds rssulting from such purchase of insura�ce shall be paid by the purchaser, except tha�, if the City has requested and received a rating on the Bonds from a ra�ing agency, the City will pay that rating fee. Any othe� rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been award�d to the purchaser shall not constitute cause for failure or refusa! by the pu�chaser to accept delivery on the Bonds. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be p�inted on the Bonds, but �either the failu�e to print such numbers on ariy Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days foilowing the date of thei� award, the Bonds will be delivered without cost to the purchaser at a place mutually satisfactory to the City and the purchaser. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Briggs and Morgan, Professional Association, of Saint Paul and Minneapolis, Minnesota, and of customary closing papers, including a no-litigation certificate. On the date of settlement payment for the Bonds shall be made in federal, or equivaient, funds which shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Except as compliance with the terms of payment for the Bonds shall have been made impossible by action of the City, or its agents, fhe purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non-compliance with said terms for payment. 8. � 4 Page 12 CONTINUING DISCLOSURE On the date of the actual issuance and delivery of the Bonds, the City will execute and deliver a Continuing Disclosure Undertaking whereunder the City will covenant to provide, or cause to be provided, annual financial information, including audited financial statements of the City, and notices of certain materiai events, as specified in and required by SEC Rule 15c2-12(b)(5). OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly-final Official Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (612) 223-3000. The O�cial Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a"Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 120 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for pu�poses of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of ihe Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Officiaf Statement. Dated September 30, 1996 BY ORDER OF THE CITY COUNCIL /s/ William Champa City Clerk $.15 ' Page 13 TO: FROM.• WILLIAM W. BURNS, CITYMANAGER �'�� RICHARD D. PRIBYL, FINANCE DIRECTOR SUBJECT.• RESOL UTION INITIATING THE PROCESS FOR TKE SALE OF THE CITY'S $2, 935, 000 GENERAL OBLIGATION BONDS, SERIES 1996A DATE: September 27, 1996 Attached is the resolution that is required to be passed by Council to proceed with the a6ove mentioned bond issue. This action would start the process for proceeding with the competitive sale of the general obligation borids, and provide an appropriate time frame for advertisement and review of the bids. As was reviewed within the recommendations from Springsted, the bonds are comprised of three different portions to make the sale of the bonds more marketable and also more economical for the city. The repaymemt of the bands are provided by both special assessments and revenues from the water and storm water funds. The proceeds of the issus will be used to provide funds for the projects and the repayment of working capital that has been used for the constraction ot� the following projects: 1. Street improvements - Main Street East River Rd Phase 3 1995 Street Reconstruction Mississippi & 3`� Street 2. Storm Water Improvements Locke Lake Dam 3. Water Improvements Well #12 Filtration $194,839 $ 46,560 $ 21,495 $ 55,000 $ 512,928 $ 335,122 $1,714,300 Stati is recommending the approval of the resolution that will provide for the competitive sale of the bonds and an award on the evening of November 4,1996. 9.01 RESOLUTION N0. RESOLUTION INITIATING THE PROCESS FOR THE SALE OF THE CITY'S $2,935,000 GENERAL OBLIGATION BONDS, SERIES 1996A BE IT RESOLVED by the City Council of the City of Fridley, Minnesota, as follows: - l. It is hereby determined: (a) The City has duly ordered the making of, and has undertaken or will undertake, various assessable and other public improvements (the "Improvements") within the City, pursuant to and in full con£ormity with the Home Rule Charter of the City and/or Minnesota Statutes, Section 444.075 or Chapter 429, as the case may be. (b) It is necessary and expedient to the sound financial management of the affairs of the City that the City issue its general obligation bonds pursuant to Minnesota Statutes, Szction 444.075 and Chapters 429 and 475, to provide financing for the Improvements. (c) The City has retained Springsted Incorporated, in Saint Paul, Minnesota ("Springsted"), as its independent financial advisor for the Bonds and is therefore aut�orized to sell the Bonds by a competitive negotiated sale in accordance with Minnesota Statutes, Section 475.E0, Subdivision 2i9). 2. The terms and conditions of the Bonds and the sale thereof are fully set forth in the "Terms of Proposal" for the City of Fridley's $2,935,000 General Obligation Bonds, Series 199A, and the Council shall meet at the time and place specified therein for the purpose of considering the bids for the purchase, and awarding the sale, of the Bonds. 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 � � CfiY dF FRiDLEY TO: FROM: DATE: WlrllQril w. BliliZS M E M O R A N D U M City Manager The Honorable Mayor and City Council William W. Burns, City Manager �'`Ii� �� September 26, 1996 SUBJECT: Southern Anoka County Community Consortium Funding The Southern Anoka County Community Consortium has asked each of its members for funding. The City of Fridley has been asked to contribute $2,750. A copy of their request is attached. Staff recommends that Council approve this request. WWB:rsc Attachmenx 10.01 In order to continue the efforts SACCC has accomplished to date and to continue our goal of building safer and healthier communities, funding by each individual member needs to be renewed. Funding has not been requested since January 1995. The budget for continuing this work would remain at its previous level of $15,000. Continuation-of the funding formula utilized in 1993 and I995 is being recommended again. The break out is as follows: Anoka County City of Hilltop City of Columbia Heights City of Fridley Fridley Schoal Distriat 14 Columbia Heights School District 13 $5,000 l00 2,750 2,750 2,400 2,000 We appreciate and request your continued support of the Southern Anoka County Community Consortium. 10.02 � � CiIY OF FRIDLEY Type of License• CIGARETTE Main Event 7820 University Ave Fridley, MN 55432 Superamerica #4175 5667 University Ave NE Fridley, MN 55432 Superamerica #4207 7449 East River R3 Fridley, MN 55432 Superamerica #4195 7299 Highway 65 NE Fridley, NIIJ 55432 Total (Totem Food, Inc) 5300 Central Ave Fridley, MN 55432 FOOD ESTABLISHMENT Gourmet Village 7890 University Ave NE Fridley, MN 55432 Main Event 7820 University Ave Fridley, MN 55432 Romantic Reveries 5400 NE Main St Fridley, MN 55417 Subway At Moore Lake 1091 Moore Lake Dr NE Fridley, MN 55432 LICENSES September 30, 1996 By: Thomas Stuart Martha Sevans Martha Sevans Martha Sevans Arhtar Sikander Bac Truong Thomas Stuart Valerie Head K. Zuehlke 12.01 Approved By: Fees• Dave Sallman $30.00 Public Safety Director " " $30.00 m m m m m m m " $30.00 " $30.00 " $30.00 " $45.00 " $45.00 " $35.00 " $45.00 � � � oF fftIDLEY � LICENSES Superamerica #4175 Martha Sevans 5667 University Ave NE Fridley, MN 55432 Superamerica #4207 Martha Sevans 7449 East River Rd Fridley, MN 55432 Superamerica #4199 Martha Sevans 7299 Highway 65 NE Fridley, MN 55432 Total (Totem Food, Inc) Arhtar Sikander 5300 Central Ave Fridley, MN 55432 Target Distribution Center Same 1090 73 Ave NE Fridley, MN 55432 ON SALE BEER Gourmet Village Bac Truong 789C University Ave NE �'ridley, MN 55432 RETAIL GASOLINE SALES Superamerica #4175 5667 University Ave NE Fridley, MN 55432 Superamerica #4207 7449 East River Rd Fridley, MN 55432 Superamerica #4199 7299 Highway 65 NE Fridley, MN 55432 Total (Totem Food, Inc) 5300 Central Ave Fridley, MN 55432 Martha Sevans Martha Sevans Martha Sevans Arhtar Sikander 12.02 Dave Sallman $45.00 Public Safety Director " " $45.00 w m m � � m r m " $45.00 " $45.00 " $45.00 " $325.00 " $60.00 " $60.00 " $60.00 " $60.00 � � CfTY OF FRIDLEY GAS SERVICES A& A Heating & Air Cond 112 102 Lane NE Blaine MN 55434 Hearth Services Inc 6693 E Shawow Lake Dr Lino Lakes MN 55014 Premier Heating & A/C Inc 17123 Round Lake Rd Eden Prairie MN SS346-4352 LICENSES Mike Ables Bill Greene Robert Vaassen Ward Heating & Air Cond Inc 2830 235 Ave NW St Francis MN 55070 Don Ward � GENERAL CONTRACTOR-CONIlYIERCIAL Allstar Construction 3315 N Hwy 100 Minneapolis MN 55422 Robert Vassallo Twin Cities Glassblock (Windows Only) 2817 2 St N Minneapolis MN 55411 Dave Nelson GENERAL CONTRACTOR-RESIDENTIAL Automatic Garage Door & Fireplace (1990) 220 77 Ave NE Minneapolis MN 55432 Shirel Paulick Best Siding Co Inc 9153 Davenport St Blaine MN 55449 Bruggeman J M Co (5359) 3600 Labore Rd Vadnais Heights MN 55110 Bob Wells Jim Brugemann 12.04 RON JULKOWSKI Chief Bldg Ofcl Same Same Same RON JULKOWSKI Chief Bldg Ofcl Same STATE OF MINN Same Same First Landmark Builders (1992) 611 S Snelling Ave St Paul MN 55116 Lambert Construction (20061962) 12741 Jefferson St NE Blaine MN 55434 Solomon & Sons 12211 Olive St NW Coon Rapids MN 55448 Transformed Tree 2239 Carter Ave St Paul MN 55108 Wren Builders Inc (43b0) 9218 11 Ave S Bloomington MN 55420 HEATING A& A Heating & Air Cond 112 102 Lane NE Blauie MN 55434 Mueller Plbg & Htg 36605 Lincoln Tr North Branch MN SSU56 Premier Heating & A/C Inc 17123 Round Lake Rd Eden Prairie MN 55346-4352 Ward Heating & Air Cond Inc 2830 235 Ave NW St Francis MN 55070 PLUMBING Berqual Plumbing 1270 Kohlman Ave Maplewood MN 55109-1024 Central Plumbing 2800 Freeway Blvd #200 Minneapolis MN 55430 Alyssa Endrizzi Mark Lambert Brian Solomon Peter Hagen Harold Wren Mike Ables Micha�l Ndueller Robert Vaassen Don Ward Ron Berqual David Green 12.05 Same Same Same Same Same RON JULKOWSKI Chief Bldg Ofcl Same Same Same STATE OF MINN 5ame Daas Plumbing Inc 3781 131 Ave NE Blaine MN 55449-6530 Mueller Plbg & Htg 36605 Lincoln Tr North Branch MN 55056 Seitz Bros Inc 8600 Xylon Ave N #108 Brooklyn Park MN 55445 United Operations 1518 89 Ave N Brooklyn Park MN 55444 SIGN ERECTOR Visual Impact Signs Inc 310 Johnson St NE Minneapolis MN 55413-2544 Richard Daas Michael Mueller Sherry Akridge Dean Neisen 'Terry Vernick 12.06 Same Same Same Same RON JULKOWSKI Chief B1dg Ofcl � � CffY OF FRIDLEY ESTIMATES SEPTEMBER 30, 1996 Thomas & Sons Construction, Inc. 13925 Northdaie Blvd. Rogers, MN 55374 1996 Street Improvement Project No. ST. 1996 - 1& 2 Estimate No. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 58,075.40 W.B. Miller, Inc. 5701 Norris Lake Road N.W. Elk River, MN 55330 Street Improvement Project No. ST. 96-4 Mississippi StreefilThird Street Intersection Estimate No. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $121,953.32 Shield Construction Co. 13604 Ferris Avenue Apple Valley, MN 55124 Stonybrook Creek Bank Stabilization No. 246 Estimate No. 7 . . . . . ...... ......................$ 32,247.89 13.0 y � MEMORANDUM DEVELOPMENT DIRECTOR DATE: September 24, 1996 a TO: �Iliam Bums, City Manager ,r �� FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michefe McPherson, Ptanning Assistant SUBJECT: Conduct Public I�earing for Vacatio� Request, SAV #96-03, . by Clayton Nicks; 106 Hartman Circie N.E. At its September 16, 1996 meeting, the City Council established September 30, 1996 as the date of the public hearing to consider vacation of the easteriy 93 feet of two, five foot drainage and utility easements. The property is generally located at 106 Hartman Circle N.E. The Planning Commission reviewed this request at its Augu�t 21, 1996 meeting. RECOMMENDATION Staff recommends that the City Council conduct the public hearing regarding the vacation request. MM/dw . . �,�� 14.01 DESCRIPTION OF REQUEST: The petitioner req�ests that two five-foot drainage and utility easement lying adjacent to and no�kh of the south line of Lot 2, Block 1, S�ndhurst Addition, and lying adjacent to and south of the north property line of Lot 3, Block 1, Sandhurst Addition be vacated (see drawing). The dwelling on the subject parcel was constructed over the utility easements. Vacating the easements would rectify any title issues should the property be sold. SUMMARY OF iSSUES: The subject parcei is comprised of parts of two lots within the Sandhurst subdivision. The dwelling was construcied in 1961 without vacating the easements dedicated along the property lines. The Engineering Dept. has reviewed th� request and has indicated that only the east 93.i 1#eet of the easemenfs shQUld be vacated due to he loc�tion of overhead power lines within the westerly portion of the easements. This would vaca.te the portion under the clwelling unit. STAFF RECOMMENDATION TO THE PLANNING CONiMISSIaN: Staff recommended that the Planning Commission recommend approval of vacation request, SAV #96-03, to the City Council, vacating only the east 93.11 feet of the easements, with the following stipulation: 1. The petitioner shafl grant the City a 10 foot drainage and utility easement atong the north lot line of the property. PLANNINC COMMISSION ACTION: The Planning Commission voted unanimousiy to recommend approval of the request to the City Council without the stipulation recommended by staff. CITY COUNCIL RECOMMENDATION: Staff recommer�ds that the City Council coricur with stafPs recommendation to the Planning Commission. 14.02 Staff Report SAV #96-03, by Clayton Hicks Page 2 PROJECT DETAILS Petition For. Location of Property: Vacation of a utility easement 106 Hartman Circle N.E. Legal Description The North 40 feet of Lot 3 and the South 52 feet of Lot 2, of Property: Block 1, Sandhurst Addition Size: Topography: Existing Vegetation: 12,936 square feet Typical suburban, sod, trees, shru�s Existing . R-1, Single Family Dwelling Zoning/Platting: Saridhurst Addition; 1955 Availability of Municipal Utilities: Vehicular Access: Pedes�rian Access: Engineering Issues: Site Planning Issues: Connected Hartmaro Circfe N/A Possible need for additiona! easemerrt area 14.03 Staff Report SAV #96-03, by Clayton Hicks Page 3 ADJACENT SITES WEST: SOUTH: EAST: NORTH: Zoning: Land Use: Zoning: Land Use: Zoning: Land Use: Zoning: Land Use: DESCRIPTION O� REC�UEST R-1, Single Family Dwelling Sing�e Family Residential R-1, Single Family Dwelling Single Family Residential R-1, Single Family Dwelling Single Family Resideritial R-1, Single Family Dwelling Single Family Residential The petitioner requests that two fiv�foot drainage and utiiity easement lying adjacent to and north of the south line of Lot 2, Block 1, Sandhurst Addition, and lying adjacen+ to arid south of the north property line of Lot 3, Block 1, Sandhurst Addition be vacated (see drawing). The dwelling on the subject parcel was constructed over the utility easements. Vacating the easements would rectify any ti�e issues should the property be sold. ANALYSIS Property Description and History The subject par�cef is located on Hartman Circle, west of East River Road. The parcel is on the "inside" of the Hartman Circle loop. The subject property is comprised of the south 52 feet of Lot 2, Block 1, Sandhurst Addition, and the north 40 feet of Lot 3, Block i, Sandhurst Addition. Located on the subject parcel is a 30' x 64' dwelling and a 19' x 22' attached garage. Bo#h were built in 1961. Summary of Issues The dwelling was constructed over the five foot utility easement lying adjacent to and on either side of the common property line, creating a total easement width of 10 feet. The Engineering Department reviewed the request and visited the site, and has determined that only the easteriy 93.11 feet of the easement should be vacated. A utility pole is located at the intersection of #he south line of Lot 2, and the west line of Lot 3. Overhead utilities are provided. Vacating only the easterly 93.11 feet will 14.04 Staff Report SAV #96-03, by Ciayton Hicks Page 4 aliow these utilities to continue to exist within an easement area. Vacating the easterly 93 feet will also allow the ti�e issues associated with constructing a dweliing over an easement to be rectified. There are no City utilities located within the easement. STAFF RECOMMENDATION TO THE PLANNING COMMISSION: Staff recommends that the Plan�ing Commission recommend approval of vacation request, SAV #96-03, to the City Council, vacating only the east 93.11 feet of the easements, with the following stipulation: 1. The petitioner shall grant the City a 10 foot drainage and utility easemerrt along the north lot line of the property. PLANNING COMMlSSION ACTION: � The Planning Commission voted unariimousiy to recommend approvaf of the request to the City Council without the stipulation recommended by staff. CITY COUNCIL RECOMMENDATION: � Staff recommends that ihe C'�jr Council concur with staffs recommendation to the Planning Commission. 14.05 5AV ifyb-US KS � SAV #96-03 106 Hartman C ircle Clayton Hicks ►CATION MAP �Y ci ,,"..�� 2 -. ) -�i x. ��.. , '. . , s 6' �.hH^{!�.�3�'� r'1� � d�P}� ''?tr � �'$ �� ¢Y.�� : . )3 �.� . 1 � � ,�y , . , .. ��. . s .- ;..��;-'"'�.�;'��`�'�.. ��?'-t'�iF,4,��r:��' t�.'Y'�'.r°$� �+.�fi.^,ix�$+.��;s�t•+Z"�� •�l Rr�gt ,�. t�r"�� ;_ � �S �r ,�� ,�,,q � - - zG'"�� (� .�.(�\'� � .. 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'!lf!•fs� �ssaT �.s �s r*nT�n�c+ Engineer�ng Sewcr W�iCr �IPa�ks IS�reets �M:untenance City of Fridley TO: Michele McPherson, Planning Assistant PW96- I 77 , FROM: � Jon Wilczek, Assistant Public Works Dixector DATE: August I5, 1996 SUBJECT: 106 Hartman Circle, Vacation of Easement I have reviewed the easement usage which is underneath the house located at 106 Hartman Circle. The section of the easement that is directly under the house is not under usage nov� and I do not see a future need for an easement at that location. However, the easement to the west of the house is necessary for drainage and other utilities, including Northwestern Bell and NSP. Therefore, recommend that we vacate the east 93.1 I feet of the utility easement located on the south line of Lot 2 and on the north line of Lot 3, Block 1, Sandhurst Addition. If you have any questions and/or comments, feel free to contact me at 551. 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"r, _ ,6: . : i.�. : . : :, f .S S.,' S3:=�5"` J'!: . �... . . �� - : i s� '/3�:�- �S .._, 4 :;.: . u � .� , t .�� ..; 1 � .. L:,x ,. '_ - ': ti . �.. ; : .'"�. . _. ✓': � � � r �• �<. � f � -( � i ' . .,t f_ ' t: L .i�._ . � , , . 1: k: � , �' � ° !�- 96 . � ��:��- 9 ` ;: ,r 6..�`.�:..::�: . ' � �.5� 5°53 , ' �'.`�: , /5: , ?' ��:; - _ . ' . �� _ PLANNING COMMISSION MEETING AUGUST 21 1996 PAGE 5 MOTION by Mr. Oquist, seconded by Ms. Modig, to �.�commend approval of Special Use Permit, SP #96-15, by TsMART, to a2low a veterinary facility in conjunction with a TsMART retail store on Lot 2, Block 1, Home Depot Fridley Ad ' ion, generally located at 5660 Main Street N.E., with the foll,es°wing stipulations: > l. All windows in the area of �' ding housing animals shall be double glazed with a fixed ash. 2. Any ventilation syste shall be designed so that no odors or organisms will s ead between wards or to the outside air. 3. There shall b no outside pens or holding areas. 4. The peti 'oner shall submit documentation verifying that a11 veteri rians are licensed as required by the State. UPON��ICE VOT$, ALL VOTING AY$, VICE=CHAIRPERSON RONDRICR DEC D THE MOTION CARRIED IINANIMOIISLY. McPherson stated the City �auncil would consider this req�.iest September 16. � 3. CONSIDERATION OF A VACATION RE4UEST SAV #96 03 BY C��AYTON AND JEAN HICKS• To vacate a five foot drainage and utiiity easement dedicated in the plat of Sandhurst Addition covering the southerly five feet of Lot 2, Block 1, Sandhurst Addition, 'lying easterly of the westerly ten feet of said Lot 2, and the northerly�f�ve feet of Lot 3, Block l, Sandhurst Addition, generally located at 106 Hartman Circle N.E. Ms. McPherson stated the request is for 106 Hartman Circle which is located west of East River Road and north of the south_loop of Hartman Circle. The petitioners are requesting to vacate a five- foot drainage and utility easement that lies on both sides of the lot line for a total width of 10 feet. The petitioners' property is composed parts of Lot 2 and Lot 3 of Sandhurst Addition. When the lot was created and the house built, the underlying easements were not vacated and the dwelling constructed in 196i was built over the easement. The petitioner has requested this vacation in order to clear up any future title issues which may arise as a result of the dwelling constructed over the easement. Ms. McPherson stated the Engineering Department reviewed request to determine if there was any impact to City utilities. There are no existing City utilities located within the easement area. They have recommended that oniy the easterly 93 feet of the easement be vacated. That would allow vacation of the portion 14.10 PLANNING COMMISSION MEETING AUGUST 21 1996 PAGE 6 under the dwelling unit. Their recommendation is based on the fact that there are overhead power lines in this area. There is a utility pole located in the corner of the two properties and they want the easement for utility purposes. Ms. McPherson stated, as has been typical in similar requests, the City is requesting an easement in exchange for this 10-foot area. Staff recommends approval of the request with the foliowing stipulation: 1. The petitioner shall grant the City a 10-foot drainage and utility easement along the north lot line of the property. Ms. McPherson stated this is requested in order to provide access for the City and/or utility companies to access any utilities located to the rear of these properties. Mr. Oquist asked why the City was requestin� 10 fe�t on this property and not five feet foz this property and five feet from the adjoining property owner. ' . Ms. McPherson stated staff did not have the opportunity to speak to the adjacenz property owner_ . Mr: Kondrick asked if staff had received any comments from the neighbars. • • Ms. McPherson stated staff had received no calls. Mr. Hicks stated he has lived here since 19.E2. This came about �rhen he was looking at the gossibility of an accessory shed and found that his house was built on top of an easement. He does not have a problem and is very grateful to get an easement back to the utility pole. However, he cannot accept how they can tal�e 10 feet from the north side of him. They have only 13 feet froni the garage to the house_ Taking 10 feet leaves him with 3 feet. There is 24 feet to the back. If he wanted to put an accessory shed to the back, it would be worthless. As far as accessibility, it is hopeless because it is a walk-out. The land slopes down to the south. He cannot understand the necessity of having an easement because of accessibility all through the back. Accessibility to the south is hopeless too. There are trees there. They have constructed a cement wall to help with the erosion problem and there is a slope coming from the neighbor's lot to his. To the rear the land slopes down also. He thought staff should review that and ask themselves why they need the 10 feet. Also, of all the other homes in the circle, he does see any other lots from the street to �he rear of the lot that have an easement that goes back there. Why has he been selected? They have the smallest lot and the City wants to take 10 feet of 14.11 PLANNING COMMISSION MEETING AUGUST 21 1996 PAGE 7 the rear of his lot. He cannot understand the need for it. Certainly the builder and the City erred at the time the house was platted and built. Mr. Giancola stated he is the former 109 Hartman Circle. The requested easement does not make any sense whatsoever on the north part of Mr. Hicks' lot. 52 feet comprises the north part of Mr. Hicks' lot and 40 feet comprises another lot and the easement runs straight through. In looking at the plat from the westerly portion, there are already easements that are created so there is access from about four areas to that back portion. To create 10 feet here and 10 feet there makes this lot devalued, so to speak, and does not make any sense. Mr. Hicks came back the night he found the easement and they looked at the abstract. Mr. Giancola stated he does not see any reason for accessibility to take 10 feet off the north portion of this lot because the City and utilities have access there already from a number of points to provide service. � Mr. Hinsverk stated his Zo�t.adjoins to the petitioners' lot at the west side. After talking to Mr. Hicks about this, it seemed to him there was sufficient access so they would not have to reserve that 10 feet ta the north side of that lot. Mr. Oquist stated there is access from several points. Why do they need to have that? : Ms. McPherson stated, in terms of maintaining as many poin�s of access as possible is important so they are not limited in terms of access in times�oi an emergency or any other time they need to ga�n that acc�ss. She was not sure what the site conditions were� If any of those points were blocked, the City has the right to have ac�ess at multipZe points on the block. Ms. McPherson stated the City has asked in similar instances for a trade of easement areas. Staff received a request in 1995 for the vacation of an easement where a house of built on an easement and we asked for a 10-foot easement on the same property. The City is being consistent in asking for similar dispensation to the City. Ms. Modig asked if the other property had the same site constraints. If you are taking 10 feet of property from a lot that is only 24 feet wide, then they can do nothing with that. Ms. McPherson stated, in the request from last year, the City asked for a 10-foot easement in the side yard where the house was 10 feet irom the side property line. Granted that person's property was wide so they had the remaining property to utilize. 14.12 PLANNING COMMISSION MEETING, AUGUST 21, 1996 PAGE 8 She was not sure of the petitioners' intent as to the size of structure being built. There is possibly a point of compromise. Mr_ Oquist asked, if there was an easement there and you cannot use it, you would not be able to use it anyway. Mr. Hicks stated it is 168 feet back. Only 24 feet is left behind the house. 10 feet for an easement leaves 14 feet. They could not put anything there. If you need to get at the 24 feet of their lot in the back, then why is it you cannot come in from the west side. It is no further. He also asked staff, of the other homes on Hartman Circie, how many others have accessibility with an easement from the street. None have that, but the City is asking for it from him. Ms. Modig stated the City now has a 10-foot easement but it is under the house. Mr. Giancola state�, if yau made a visual inspection of the lot, the iot is level. There is a.retaining wall, then it slopes down in back. There are trees along"the �ot line to the back. It is meaningless. Ms. Modig asked Ms. McPherson what she meant when she �ent�aned a compromis�. : • • . - . Ms. McPherson stated the Planning Commission has heard the petitioners' testimony and the testimony of the neighbors. Staff has made a recommendation. The�,Commission can choose to do something otherwise. Pos�ibZe options could include eliminating the' stipulatiori, requiring 5 feet, or tabling tne request to allow staff work with the petitioner to come to some form of agreement. Mr. Oquist stated he was in agreement with the petitioner. He understands the City's point and the need for an easement. However, there is access from.the south, west and north. We did not have the easement to begin with unless you go through the hause. In this case, he thought they needed to look at it individually. What it does to this property and the fact that you have access from various poi.nts as it is, he does not think the City needs that easement. He would vote to recommend approval without the stipulation. Ms. Modig stated she felt the same way. She wants to be consistent but sometimes you have to look at some things individually. She thought they would be putting a burden on the property owner to take away that 10 feet. Mr. Saba and Mr. Kondrick agreed. �4.13 PLANNING COMMISSION_MEETING, AUGUST 21, 1995 PAGE 9 MOTION by Mr. Oquist, seconded by Ms. Modig, to recommend approval of Vacation Request, SAV #96-03, by Clayton and Jean Hicks, to vacate a five foot drainage and utility easement dedicated in the plat of Sandhurst Addition covering the - southerly five feet of Lot 2, Block 1, Sandhurst Addition, lying easterly of the westerly ten feet of said Lot 2, and the northerly five feet of Lot 3, Block l, Sandhurst Addition, generally located at 106 Hartman Circle N.E. IIPON A VOICE VOTE, ALL oOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED IINANSMOIISLY. Ms. McPherson stated the City Council on September 16 would establish a public hearing to be held on September 30. 4. RECEIVE THE MINUTES OF THE HUMAN RESOURCES COMMISSION ' MEETING OF JUNE 6 1996 MOTION by Mr. Oquist, seconded by Mr. Saba, to rece' e the minutes of the Human Resources Commission meeting pf June 6, 1996. / IIPON A VOICE VOTEo ALL VOTING AYE, VICE- DEC?�RRED THE MOTION CARRIED IINANIMOOSLX. 5. MEETING OF JUNE 13. 1996 RONDRICR Mc?TION by Mr. Saba, seconded by Ms:'�Madig, to receive the minutes of the Housing & Redevelopment Au�hority meeting of June �3, 1996. f' IIPON A VOICE VOTE� ALL VOT�I�TG AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRI� IINANIMOIISLY. � MOTION by Mr. O'st, seconded by Ms. Modig, to receive the minutes of the man Resources Commission meeting of June 20, 1996. UPON A VOI VOTE, ALL VOTING AYE, VICE-CHAIRPERSON ICONDRICR DECLARED HE MOTION CARRIED UNANIMOUSLY. 7. JUNE 26, 1996 14.14 MEMORA,NDUM PLANNING DIVISION DATE: September 24, 1996 TO: William W. Bwns, City Manager fi �� FROM: Barbara Dacy, Commwrity Development Director Scott J. I�'ickok, Planning Coordinator SUBJECT: VetsMart Special Use Peimit Request 1NTRODUCTION The purpose of this n�emo is to fo�low-up on the City Counal's concem about tiaffic related to the VetsMazt facility within the PetsMait store. The Counc�'s conceni was two-fold. F'u,st, additional information was nee�ed regarding the Home Depot/PetsMart tra�ic study. Next, additional infornwtion was neaded regarding the Spe�iSic traffic generation pot�tial of the VetsMart operation, vvithin the PetsMart store. On Monday, September 16, the City Council tabled adion on the spacial use permit request pending fiuther inforn�ation on the Home D�ot/ Pe�sMart tta�ic study. HOME DEPOTlPETSMART TRAFFIC STUDY Home Depot hired BRW Inc. to complexe the 57°i Avenue traff c study. The analyses conducted for this study included an operations analysis of key �ons within the �rt of 5'7"" Avenue from University Avenue to Main Street, signal warrant analysis of both the Main street and 3'� Street i�ersections, and finally, operations of University Ave�ue between I- 694 and 57"' Ave,nue were analyzed. Resuhs of the analyses and a staffrecomm�don for traffic improvements has been made available to the Council. PETSMARTJVETSMART TRAFFIC GENERATION Traffic generation speafic to the Pets�Vtart/VetsMart operation has also been grovided. Keith King, Regional Construction Representative of PetsMart has indic�ted that in this region, PetsMart has averaged 394 caistom� trips per day. Of those trips, 377 are PetsNtart t�storner trips. 17 of the 394 a�stomer trips are speafically VetsMart patrons. These � are. monitored through cash register receipts. PetsMart and VetsMart are separate corporate entities. Therefore, their separa�e bookkeeping has enhanced our ability to detennine the apportioiunent of the av�age daily trips. 15.0 � William W. Burns September 24, 1996 PAGE 2 CONCLUSION/RECOM1ViENDATION The addition of VetsMart £aality within the PetsMazt store dces not coirtn�bute additionat traffic to this developm�t. The true impact of the conversion of 1,482 s.f. of retail space to veterinary services is a decrease in traffic demand from the Home Depot /PetsMart site. Therefore, staffrecommends approval of SP #96-15 with 4 stipulations as outlined in the staff memoranda of September 16, 1996. � 5.02 DESCRIPTION OF REQUEST: The petitioner r�quests that a special use permit be issued to allow veterinary services within the PETsMART development located at 5660 Main Street N.E. SUMMARY OF ISSUES: Section 205.15.01.C.(9) ofi the Fridley City Cod� requires the issUance of a special use permit in order to conduct veterinary clinics within the G�, General Shopping Center district. The proposed veterinary clinic wi11 be required ta meet the following standards: 1. All windows in the area of the building housing animals shall be double glazed with a fixed sash. 2. Any ventilation systems shall be design�d so that no odors or organisms will spread betw�en wards or to the outside air. 3. There shall be no outside pens or holdin� areas. The proposed veterinary ar� will occupy 5.9% of the PETsMART 24,960 square foot building. The petitioner does not propose to board animals ovemight, and does not propose any outdoor boarding areas. Previous requests have required the veterinarian to submit the State required certification to the City for the files. STAFF RECOMMENDATION TO THE PLANNlNG COMMISSION: Staff recommended that the planning Commission recommend approval of the request to allow a veterinary clinic at 5660 Main Street N.E., with four stipulations: 1. All windows in the area of the building housing animals shall be double glazed with a fixed sash. 2. Any ventilation systems shall be designed so that no odors or organisms will spread between wards or to the outside air. 3. There shall be no outside pens or holding areas. 7 5.03 Staff Report SP #96-15, by VETsMART Page 2 4. The petition� shall submit documentation ve�ifying that aA veterinarians are licensed as required by the State. � PLANNING COMMlSSION ACTION: The Planning Commission voted unanimously to concur with staff's recommendation. CITY COUNCIL RECOMMENDATION: Staff recommends that the City Council concur with the Planning Commission action. PROJECT DETAILS Petition For: A special use permit to allow a veterinary clinic Location 5660 Main Street �l.E. of Property: Lega! Description Lot 2, Block 2, Home Depot in Fridley Addition of Property. Size: Topography: Existing Vegetation: Existing Zoning/Platting: Availability of Municipal Utilities: Vehicu(ar Access: Pedestrian Access: 2.7 acres Flat Typical suburban, sod, trees, �hrubs C-3, General Shopping Center District; Home Depot in Fridley 1995 Connected Main Street N/A 15.04 Staff Report SP #96-15, by VETsMART Page 3 Engineering N/A Issues: Site Planning Issues: ADJACENT SITES WEST: SOUTH: EAST: NORTH: Zoning: M-2, Heavy Industriai Land Use: Railroad Zoning: M-2, Heavy industrial Land Use: Warehouse Zoning: G3, General Shopping Lar�d Use: Retail Zoning: M-2, Heavy Industriai Land Use: Irxiustrial Comprehensiv�e The zoning arxi Comprehensive Plan are consist�rrt in this Planning Issues: location. Public Hearing To be taken. Comrrtents: DESCRIPTION OF REQUEST Site Property Description and History The subject parcel is located at the irrtersection of 57th Avenue and Main Street. The PETsMART shares a common wall with the recerrtly-constructed Home Depot faciiity. The PETsMART building is 24,960 square fee�t in area, and includes veterinary services, groomers, fish sales, bird sales, and general pe� mer�chandise. The building is currently under con�struction, and is proposed to be oompleted by the end of 1996. 15.05 Staff Report SP #96-15, by VETsMART Page 4 Analysis The veterinary portion of the PETsMART is approximately 5.9°/a of the building area (1,482 square feet). The veterinary service includes four exam rooms, a vault, a pharmacy, a treatmerrt area, a surgery area, e-ray, adoption, and maintenance areas. There is also a common reception area between the veterinary service and the pet grooming area. The section of the code regulating veterinary clinics has three standards: A. Aii windows in the area of the buiiding housing animais shall be doub(e glazed with a fixed sash. B. Any ventilation systems shall be devised so that no odors or organisms will spread befinreen the wards or to the outside air. C. There �hall be no outside pens or holding areas. The proposed plan complies with these three standards. The petitioner is not proposing to house animals ovemight. Previous requests have required that the veterinarians provide documentation that they are licensed as required by the State of Minnesota. STAFF RECOMMENDATION TO THE PLANN�NG COMMISSION• Staff recommended that the Planning Commission recommend approval of the request to allow a veterinary clinic at 5660 Main Street N.E., with four stipulations: 1. A!I windows in the area of the building housing animals shall be double glazed with a fixed sash. 2. Any verrtilation systems shall be designed so that no odors or organisms will spread beiween wards or to the outside air. 3. There shail be no outside pens or holding areas. 4. The petitioner shall submit documentation verifying that all veterinarians are licensed as required by the State. 15.06 Staff Report SP #96-15, by VETsMART Page 5 PLANNING COMMISSION ACTION: The Planning Commission voted unanimously to concur with stafPs recommendation. CITY COUNCIL RECOMMENDATION: Staff recommends that the City Council concur with the Planning Commission action. 15.07 PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a public hearing of the Fridley Planning Commission at the Fridley Municipal Center, 6431 University Avenue N.E. on Wednes8ay, Auqust 21, 1996 at 7:30 p.m. for the purpose of: Consideration of a special use permit, SP #96-15, by VETsMART, per Section 205.15.01.C.(9) of the Fridley City Code, to allow a veterinary facility in conjunction with a PETsMART retail store on Lot 2, Block 1, Home Depot Fridley Addition, generally located at 5660 Main Street N.E. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. Any questions r�latec� to this ite:n may be referred to the C�xnmunity Development Department at 572-3593. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than August 14, 1996. Publish: August 8, 1996 August 15, 1996 15.08 DIANE SAVAGE CHAIR PLANNING COMMISSION SP #96-15 Mailing List Mailed: 8/2/96 VETsMART VETsMART AFCjPETsMART, Inc. c/o Casco (Edward Killius) 10000 North 31st Ave. 10877 Watson Road C-100 St. Louis, MO 63127 Phoenix, AZ 85051 Comm. Property Invest. Great Northern Railway 2685 Long Lake Road 176 East 5th Street PO Box 130190 5t. Paul, MN 55101 Roseville, MN 55113 Henry/Roselyn Berkholz or Current Resident 218 - 57th Place NE Fridley, MN 55432 Paul/Joyce Laduke 6972 Lakeview Avenue Lino Lakes, MN 55014 Carmen Mack or Current Resident 131 - 57th Place NE Fridley, MN 55432 Current Resident 5730 Main Street NE Fridiey, MN 55432 City Council Members Gerald Gage HC 69 Box 2308 Isle, MN 56342 Erickson Petroleum 4567 West 80th Street Minneapolis, MN 55437 Richard Bistodeau or Current Resident 101 - 57th Place NE Fridley, MN 55432 Northpoint/AMB Invest. 505 Montgomery 5th Floor San Francisco, CA 94111 15.09 Home Depot USA Inc. William Hawkins 299 Coon Rapids Bvd 101 Coon Rapids, MN 55433 Lyndale Terminal or Current Resident 250 - 57th Avenue NE Fridley, MN 55432 Paul/Joyce Laduke or Gurrent Resident 216 - 57th Place NE Fridley, MN 55432 Bernard Jeska or Current Resident 215 - 57th Placs NE Fridley, MN 55432 Current Resident 5400 Main Street NE Fridley, MN 55421 Diane 5avage, Chair Planning Commission 567 Ric� Creek Terr. NE Fridley, MN 55432 CASCO CORPORATION of CASCO Ltd. LETTER OF TRANSMITTAL TO: City of Fridley Municipal Center Fridley, Minnesota 55432 ATTN; Ms. Michele McPherson, B.L.A. We are transmitting: QUANTITY One ( 1 ) One (1 ) One { 1 ) Via Overnight - DATE: July 18, 1996 RE; DESCRIPTION Special Use Permit Application Form Fee check #026657 in the amount of $ 400.00 Set of site and building drawings raquired with the application. PETsMART Fridley, MN. COhIiMENT�: Please review the application and place us on the appropriate agenda for a special use permit to operate the VETsMART facility. Yours truly, �C � `' �- / � o ��' Edward . illius cc Keith King, PETsMART JLH, RLQ; ADC, ACT File: 995464 10877 Watson Road • St. touis, Missouri 631'2�• • 1� 1314) 821-1100 • FAX 13141 821-4162 PLANNING COMMISSION MEETING, AUGIIST 21, 1996 PAGE � Mr. Oquist asked if it was feasible to put a garage at the 35- foot setback so there is no variance. � Mr. Hickok stated staff thinks it is feasible. There is a grade difference toward the house. One alternative staff looked at was attaching the garage to the house which is-feasible. There would need to be some type of a draining syste� to insure run off. It may be a nice alternative if the homeowner was planning to increase their living space over the�garage. Staff would encourage that alternative or a.�arger garage at the 35-foot setback. The petitioner was not esent at the meeting. Mr. Hickok stated e petitioner did not attend the Appeals Commission meeti either. The Appeals Commission chose to table discussion to e next meeting. MOTION by s. Modig, seconded by Mr. Saba, to table this request ta the ext meeting. A VOICE VOTE, �LL VOTING AYE, VICE-CHAIRPERSON RONDRICR R�D THE MOTION CAItRIED IINANIMOIISLY. 2. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMII #96- 15, BY VETsMART• Per Section 205.15.O1.C.(9) of the Fridley City Code, to aliow a veterinary facility in conjunction with a PETsMART retail store on Lot 2, Block 1, Home Depot Fridiey Addition, generally iocated at 5660 Main Street N.E. MOTION by Ms. Modig, seconded by Mr. Oquist, to open the public hearing. IIPON A VOICE VOTE, �LL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT ?:50 P.M. Ms. McPherson stated the request is for 5660 Main Street which is at the intersection of 57th Avenue and Main Street. The proposed location of the request is for the currently under construction PETsMART which is located north of the existing Home Depot and attached to Home Depot. They share a zero lot line. The PETsMART facility will be 24,960 square feet in area and is a retail pet supply store. In addition, the facility will have a groomer, fish, birds, and they propose to provide veterinary services. The veterinary services part of the facility occupies approximately 6% of the store area. Ms. McPherson reviewed the floor plan which includes exam rooms, X-ray rooms, a surgery area, general reception area, and pharmacy. 15.1� PLANNING COMMISSION MEETING AUGIIST 21 1996 PAGE 4 Ms. McPherson stated veterinary clinics are permitted with a special use permit in a C-3, General Shopping District. The foliowing standards are outlined in the zoning code: 1. AII windows in the area of building housing animals shall be double glazed with a fixed sash. 2. Any ventilation systems shail be designed so that no odors or organisms will spread between wards or to the outside air. 3. There shall be no outside pens or holding areas. Ms. McPherson stated the proposal by PETsMART meets those criteria. Staff recommends another stipulation which is consistent with previous requests, as follows: 4. The petitioner shall submit documentation verifying that all veterinarians are licensed as requzred by the State. Ms. McPherson stated staff recommends app'roval of the request with the four.stipulations�as previous�y stated. Mr. Oquist asked if the veterinary services were part of the or.iginal plan. - � - _ _ • Ms . 1'�IcPherson stated yes : Dx. Lester stat�d VETsMART is presently establishing their hospitals thr4u_qhout the Twin Cities. This facility is one of nine in the area. They now have a similar facility in Plymouth which provides fuZl seven-day a week, well-equipped, quality veterinary hospitals. Dr. Lester reviewed the sErvices that are available. Mr. Kondrick asked if they had any problems with the stipulations as outlined. Dr. Lester stated they had no problems. MOTION by Mr. Saba, seconded by Mr. Oquist, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CIiAIRPERSON RONDRICR DECLARED THE MOTION CARRIED AND THE PQBLIC HEARING CLOSED AT 8:55 P.M. Mr. Oquist stated the request seemed straight forward. He had no objections. 15.12 PLANNING COMMISSION MEETING AUGUST 21 1996 PAGE 5 MOTION by Mr. Oquist, seconded by Ms. Modig, to recommend approval of Special Use Permit, SP #96-15, by VETsMART, to allow a veterinary facility in conjunction with a PETsMART retail store on Lot 2, Block 1, Home Depot Fridley Addition, generally 1"ocated at 5660 Main Street N.E., with the following stipulations: 1. All windows in the area of building housing animals shall be double glazed with a fixed sash. 2. Any ventilation systems shall be designed so that no odors or organisms will spread between wards or to the outside air. 3. There shall be no outside pens or holding areas. 4. The petitioner shall submit documentation verifying that all veterinarians are licensed as required by the State. IIPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. McPherson stated the City Council would consider this request Qn September 16. 3. CONSIDERATION OF A VACATION REOUEST SAV #96 03 BY CLAYTON AND JEAN HICKS• To vacate a five foot drainage and utility easemerit dedicated in the plat of Sandhurst Addition covering the southerly five feet of Lot 2, Block 1, Sandhurst Addition, lying easterly of the westerly ten feet of said Lot 2, and the northeriy five feet of Lot 3, Block 1, Sandhurst Addition, generally located at 106 Hartman Circle N.E. Ms. McPherson stated the request is fbr 106 Hartman Circle which is located west of East River Road-and north of the south loop of Hartman Circle. The petitioners"are requesting to vacate a five- foot drainage and utility easement that lies on both sides of the lot line for a total width of i0 feet. The petitioners' property is composed parts of Lot 2 and Lot 3 of Sandhurst Addition. When the lot was created and the house built, the underlying easements were not vacated and,,the dwelling constructed in 1961 was built over the easement.,i The petitioner has requested this vacation in order to clear up'any future title issues which may arise as a result of the �ielling constructed over the easement. Ms. McPher on stated the Engineering Department reviewed request to dete ine if there was any impact to City utilities. There are no existing City utilities located within the easement area. They ave recommended that only the easterly 93 feet of the ea ement be vacated. That would allow vacation of the portion 15.13 CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MN 55432 F"� ry� r � �,;. �. � y. . : �r� j �F-U1 ( ` p—�J! � b . +,. 1 , f1 � �g a`—��"'.��"„- k y'"`Y"�-r-- + � � M t. t_`� ..,i (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT SPECIAL USE PERMIT APPLICATION FORIVI PR PERTY INF RMATI N- site plan required for submittal; see attached Address: �� L,C-% N%ff%IIJ� �1��1' % Property Identification Number (PIN) '�-3G� -�y y/-G�O�;' Legal description: _ � i� c, i✓ji� /?%= ? i r,, il7.: �: U i.oi � Biock . 1 Tractii�ddition f},��s,�_ fctT i��>�t�,�C, ,1,�,�,-�. �/�r,� Cut7-ent zoning: ,�-� Square footagelacreage ��`� fr�C�'cS Reason for speciai use permit: Cfl�h/?R7',� /* 1i'PTF�'l,�r/'�t/¢�ti /-;r�ci�;i � ��,i �'c,`u J��ic��i/c�v iv� i!f �'�%sMif,4'T /;'F/k/� Section of City Code: Have you operated a business iri a c y which required a business ticense? �"es �__ No If yes, which city'? /�%�f(�/.=/VJ�' /¢ �. .�� Lct �-/ � /d•1�' If yes, what type of basiness? (0� is /�/�=lC % Was that license ever denied or revoked? Ye; No �_ FEE OWNER INFORMATION (as it appears on the property title) (Contract Purchasers: Fee Owners must sign this foim prior to processing} NAME S[V'�,�a�"t'o � t.� , _ ADD SIGNA NAME _ I%C /s /I��`t�i�/ rc'�i /7 G�-�5� DAYTIME DATE Gc�.fl%A�I G/�u:/i;G` .� h�/�/_//r� ADDRESS %��' "��% !�f/J'.� jSaft� %4�% -S / • ,4fi'�%5� C � ls .� % �' "7 DA YTIME PHONE 3%�� M'�/ %%�> SIGNATURE : = ��'�'",,-t-�r�r�:.� El%l.vi�/t,G' �j ,�/�/�:'> : c� , DATE 7-� �� 6 � Fee: $400.00 � $100.00 for resic�ential2nd accessoiy buildings ^ Permit SP # _ �(,�- /� Receipt # � �� a-- Application received by: - Scheduled Planning Commission date: � Scheduled City Council date: 15.14 MEMORANDUM DEVELOPMENT DIRECTOR DATE: September 24, 1996 � TO: Wiliiam Bums, City Manager �� FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michefe McPherson, Planning Assistant SUBJECT: Approve installation of Personal Communi�ation Services . Equipment at 7504 Aiden Way N.E., by �BA Representing Sprint Spectrum R uest Staff has received the attached request by SBA representing Sprint Spectrum to install eight, ten foot high Personal Communication Services (PCS) antenriae and equipment at 7504 Alden Way N.E. The St. Pa�al water utility has been working wifh SBA to draft a lease agreemerrt to alfow use of th�s site for this insiallation. The site is zoned P, Public District. Zoning Requirements With the City Attomey's concurrence, staff has determined that antennae, when attached to bui{dings, can be considered accessory uses while antennae mounted on individually c:onstructed towers would be required to be approved via the special use permit process. These types of uses are included in the M-1, Light Industrial, M-2, Heavy Industrial, and P, Public, districts. Analysis Section 205.12.B.(3) states that permitted accessory uses within the P district include "activities or events for profit which are approved b�the City Council and are of limited time duration and under a lease agreement with the appropriate govemment body." While the City does not have control over the iease agreement, the subject 16.01 PCS Antennae September 24, 1996 Page 2 parcel is zoned P, Public, and would require the City Councii's approval. The proposed towers wiil be located on top of the 90 foot high surge tower used by the St. Paut Water Utility to provide water pressure for water being pumped from the Mississippi River. Also included is a 25' x 30' area at the base of the tower which will house transformer equipment for control of the antennae. The visual impact to the surrounding adjacent properties is minimal. Staff Update Per City Council direction, staff notifiied property owners within 350 feet of the request (list attached). As of September 24, 1996, staff received two phone calls and the attached ietter from Jiil Johnson at 157 - 76th Way. The applicant has responded to Ms. Johnsor�'s concerns. RECOMMENDATION Staff recommends that the City Council approve piacement of Personal � Communication Services antennae an the St. Paul water uti(ity surge tower located at 7504 Alden Way N.E. MM/dw M-96-428 16.02 SEP-25-1996 13�40 JOHNSON CONSULTING SUCS P.01 JillJohnson 157 - 76th "Way NE Fridley, MN 55432 612-571-8185 September 25, 1996 1Viicheie McPherson, Planning Assistant City of Fridley Fridley Municipal Center 6431 University Avenue N.E. Fridley, MN 55432 nea.r Ms: McPherson: Sertt via fax - 1 page I recently received a lettcr regarding the request of SBA to install eight, 10 foot high cellular phone antennas on top of the surge tower located a�ross the street from my residence. Because I will be unable to attend the public hearing on September 30, I felt it was imperative to write to you with my strong objections to your approving such a request. It is absolutely unciear from the information provided what type of energy transmissions will emanate from the eight antennas. I am very concerned about the health risks that may result from such arnennas. When my husband and I were loolci�g to purchase our homs several years ago, we specifically rejected locations that had antennas (such as in Shoreview) and� other areas where these wea�e in place. To have th�se placed so close to our home, with such a short noticx Af input, is extsemely distressing to me. Further, the request to place these antennas in prominent view from my front window does not even come direct{y frorn the land owner, but is rattier a money making veature, that has no regard for how this will a$'ect the view of the home owners in the area. In addition, it is unclear if there will be blir►long lights on these antennas. if so, my bedroom wili have a clear view of these towecs and this may be easily seea at night, even with curtains. Again, I strongly object to the approval of these antennas. I believe they will only serve to diminish the value of my home, will decrease my enjoyment of my property and may create unknown health risks. Sincerely, � Til1 Johnson 16.03 TOTAL P.01 IN REP�Y REFER 1'O: L8009(MISS)-3 United States Department of the Interior September 24, 1996 NATIONAL PARK SERVICE Mississippi National River and Recreation Area 175 Fifth Street East, Suite 418, Box 41 St. Paul, Minnesota 55101-2901 Larissa Knapp SBA, Inc. 7625 Metro Boulevard, Suite 235 Edina, Minnesota 55439 Dear Ms. Knapg: You have inquired about approvals required for placement of a communication antenna on an e�stintg structure within the boundary of the Mississippi National River and Recreation Area (MNRRA). Based on our understanding of the project, SBA, Inc. would install antennas and support equipment on and around �hhe surge tower at the St. Paut Water Utility facility in Fridley. You have stated that the equipment installed at the surge tower does not require a site-specific federat pernut. 16 U.S.C. § 4bOzz-3(b)(1) requires the National Park Service to review any federal action, federaliy permitted action, or federally funded action within the MNRR.A corridor. The purpose of the review is to ensure such actions are consistent with the MNRRA comprehensive management plan. The surge tower and Water Utiliry facility is within ihe boundary of the MNRRA. However, because no federal action is required as part of the project, National Park Service review is not necessary�. Therefore, the decision to permit or deny this action rests with the City of Fridley. The city should assess the project against its land use plans and ordinances, including its critical area plan. Please contact Michael Madell, Chief, Division of Plaaning and Resource Management at 290-4160, extension 223 if you have questions about this matter. Sincerely, �� / JoAnn Kyra Superintendent cc: Mr. Robert Collett, MN Dept. of Natural Resources ✓ Ms. Micheie McPherson, City of Fridley 16.04 f,�.,,,, „ ,, �=.� �"� BOARD OF WATER COMMISSIONER5 � �(F '\sr��. 4p` Ma , Dino Guerin, President Janicc Rethnan, Vrce Presidemt Stephen Haselmann, Commissiwt�r Michael Harris Cornmissroner Michae{ Arcand, Commissiorrer August 15, 1996 1�.11�ichele McPherson City af Fridley b431 LJ�ive�si�� flve�ue Iai� Fridley, Minnesota 55432 RE: Sprint Spectrum PCS Antennas Dear Ms. McPherson: Wa�er Utility �ta#��as be�� vvor��g vv�th Sprint S�ectrurn on a leas� #o allaw the'insiallation of PCS equipment at its pumping station and surge tower site at ?SUO Aldec� Way, Fridley, ��innesota. Staff intends to bring the lease before the Board of Water Commissioners a# their S�ptember 9, 1996 meeting and to recommend approval. You may call me at 266-6265 if yon would like any additional information. Sincerely yours, , �.�� Willia� �.. '�sc�itia Water Utility Unit Supervisor WLT/Ilh Saia� Paul '�Vater U�i1i�y Commerce Building, 8 4th Street East, St. Paul, MN 55101-1007 Tel. (612) 266-6274 Faa (612) 292-7811 TTY: (612) 266-6299 Sernie R. Bullert, Gencrat Managcr J�mes M. Graupmann, Dislribulio�i Munager Roger A. Mohror, Cenlral Services Manager James L Haugen,ProduclionR�lanager The Saint Pau! Water UNlity proviclks��d�PyTvater service to the following cities: Arden Hi11s�Falcon Heights�Ls►uderdale�l.ittle Canada�Maplew�ood�lNendota�Mendota Hei�hts�Roseville�Saint PaW�West St_ Paul N:�BTSCHIDA\ANT'ENNAISPRINI�FRIDPCS.LTR � August 15, 1996 .� . ........... .... ......._�,... .. _..... I . 09/11/96 12:32 $16124901580 HOLSTAD AND LRSN WAVNE S. HOLSTAD RUSSELL L.C, LARSON KAREN Hit,t �JEI.D't' JOHN L. I,IN�ELL LARRV S. MOUNTAIN 'i' REAI PROPERTY lAW SPE HOL...STAD AND LARSON, P.L.C. ATTORNEYS AT�.LAW 35.35 VADNAIS CENTER DRiVE . SurrE 130 SAfNT PAUL, MN 551 1 O TE�EPHO�vE 612/490�9078 ��AUST FACSin�ttc� 612/490-1580� � 002/00� oF CouNSe�: FRFDERIG W. KNA44t' • �A480 LICENSEO lN WISCONSIN AND COlOR400 �. i . September 12, 1996 . Mr. Scott Hickok,.Pianning Coardinator . �� . � . . . Ms: Michele McPtierson, Planning Assistant �� BY FACSIMILE & U.S. MAIL � . . City of Fridiey 6431 University Avenue N.E. , . � Fridley; MN. 55432 � . � _ � i . RE: Cocie apinion Questions� . . . . � � , . . I � . Dear Mr. H�ckock and Ms. McPherson, In response �to your written request of �August�29, 1996;:i havE reviewed the Code provisions � . . y ouu. outlined and would respond to each of your inquiries �as follows: . � � �� 1. , tn light of a number of requests reiated to instaltation of commercial�.radio �antennae �� .within the City, you asked for clar'rficat+on of the City's code requirements fo� su.ch .. installations. You�make a�distinction between antennae�that are�attached to buildings and those that are, t�y contrast,. "stand-a�lone". in the first instanceY such antennae are currently . , viewed by the staff as accessory uses. In� othec cases, they would be viewQd as special � uses._ Staff has interpreted the Code to allovir the� �ise in instances-where the antennae are attached to buildings as accessory uses in M-1, M-2 and P-Public Districts. Sep�.rat� towec . or pole-mounted antennae would onl.y be permitted with a speciai use permit in M-1, l.ight. Industrial, M-2 and the P-Public districts.. . � I As you not�, any outright prohibition of these antennae are preempted under Federal , law. � � . . . . . . Based on my own review of the Code, i fi�d your interpretation of these provisions to be legally defensible and reasonab(e. ' � 2, (ri 1966; �the City of Fridiey�issued a special use permit.to..a property to permit.its use as a dental lab in, an R-3 zone. �The zoning code has been .changed since the issuance of .the �, permit in a way tha# no longer makes .it possible to�obtain a special use permit for this use in � this district. � � � , � �� Under the provisions.of the Fridley zoning code, as well as state law, the.situation outlined by you describes a legal, non-eonforming:use. As in the case ofi all such uses, any . . . �� -. . � �. 16.06 �� . 09/11/96 12:33 $16124901580 HOLSTAD AND LR5N C�003/00� Mr. Hickok & Ms. McPtierson � September 12, 1996 Page Two _ discontinuance of the.permitted use; or a material expansion or change of that use, operates to terminate th� use. In this instance, the minutes of the meeting at which the Ci � Council tY granted the speciai use permit clearly state that the use allowed was that of a dental lab. No , other non-residential or unpermitted use was specified in the minutes. While the use of the property as a dental lab can continue.as long as the property meets any other conditions imposed by the permit or the code; any change or materiat expansion of that use as a dental lab would operate to terrriinate the special use permit. I would,. therefore, once again .concur with.your interpretation of the Code that the. property can either. continue to operate as,.a dental lab of substantially the same volume and character as it has, or it can.convert to residential use. Please do:not hes�tate to contact me if I can be of a�iy other assistance to you in this matter. Since y, :. , e c . Knaak Fri ey ity Attorney cc: B. Dacy � . 16.07 � � � CATION MAP �_o _ _ CITY Of FRlDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(612) 571-3450 • FAX (612) 571-12237 September 20, i 996 Dear Property Owner: The City recently received a request by SBA, representing Sprint Spectrum, to install eight (8), ten foot high cellular phone antennas on top of the 90 foot tall St. Paul Water Works Surge Tower. Also proposed is a 25' x 30' fenced enclosure located at the base of the tower which will house equipment to run the antennas. The Surge Tower is located on the bank of the r�Iississippi River at 7504 Alden Way. The parcel is zoned P, Public. The City Attorney has det�rmined that this use is a permitted aceessory use with Council approva�. The owner of the property, St. Paul VJater Utility has entered into a lease agreement to place the antennas on their totiver. � Although this request does not require a public hearing the item will be reviewed by the City Council at its September 30, 1996 meeting. If you have questions regazding this request, or would like to attend the meeting, please contact Councilperson Ann Boikcom at 571-2026, or Michele McPherson, Planning Assistani at �7i-3593, or Scott H'ickok, Planning Coordinator at 572-3599. Thank you. �` n ; � i ...f�'� - ��`�'� 3:�� Michele McPherson, BLA Planning Assistant � 6.09 SBA Mailing List Mailed: September20,1996 St. Paul Board of Water 25 West 4th Street St. Paul, MN 55102 Anthony/Florence Hogen or Current Resident 133 - 75th Way NE Fridley, MN 55432 Orvin/Anna Henneman or Current Resident 170 Talmadge Way NE Fridley, NIlJ 55432 Sharon Johns or Current Resident 148 Talmadge Way NE Fridley, MN 55432 Arnold/Nola Gilbertson or Current Resident 137 Ta�madge Way NE Fridley, MN 55432 Dale Severson or Current Resident 105 Talmadge Way NE Fridley, MN 55432 J. Johnson/J. Tebbe or Current Resident 157 - 76th Way NE Fridley, MN 55432 Michael/Bonita Born or Current Resident 105 - 75th Way NE Fridley, MN 55432 Robert Peterson or Current Resident 7534 Alden Way NE Fridley, MN 55432 Roger/Marilyn Roelofs or Current Resident 150 Talmadge Way NE Fridley, MN 55432 John/Jane Stifle or Current Resident 119 - 75th Way NE Fridley, MN 55432 Kenneth/Sharon Lehr or Current Resident Z68 Ta2madge Way NE Fridley, MN 55432 Raymond/Janice Schmidt or Current Resident 161 Talmadge Way NE Fridley, MN 55432 Mark Johns or Current Resident 123 Talmadge Way NE Fridley, NIlJ 5�43� J. Buchli/B. Barker or Current Resident 141 - 76th Way NE Fridley, MN 55432 Thomas/Katherine Neu or Current Resident 7524 Alden Way NE Fridley, MN 55432 Robert Jensen or Current Resident 140 Rickard Road NE Fridley, MN 55432 Edward Rafel or Current Resident 7540 Alden Way NE Fridley, MN 55432 16.10 Beatrice Sorsoleil or Current Resident 147 - 75th Way NE Fridley, MN 55432 Judith Beine or Current Resident 180 Talmadge Way NE Fridley, MN 55432 Kenneth Brennen or Current Resident 160 Talmadge Way NE Fridley, MN 55432 Arnold/Nola Gilb�rtson or Current Resident 181 Talmadge Way NE Fridley, MN 55432 Mark/Jean Hainey or Current Resident 115 Talmadge Way NE Fridley, MN 55432 Nick/Rosemary DeGroot ar Current Resident 149 - 76th Way NE Fridley, MN 55432 Gregory/Joyce Cof�ey or Current Resident 7516 Alden Way NE Fridley, MN 55432 Jerold/Donna Bahls or Current Resident 7514 Alden Way NE Fridley, MN 55432 Henry/Julia Zimba or Current Resident 7502 Alden Way NE Fridley, MN 55432 Edward/Kathleen Leonard Jeffrey/Janet Mondloh Carrie Sjodin or Current Resident or Current Resident or Current Resident 7515 Alden Way NE 7521 Alden Way NE 7541 Alden Way NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 David Sisson or Current Resident 7551 Alden Way NE Fridley, MN 55432 Lawrence/Mary Addison or Current Resident 150 Rickard Road NE Fridley, MN 55432 16.11 MEMORANDUM DEVELOPMENT DIRECTOR DATE: September 24, 1996 TO: wlliam Bums, City Manager �� FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: First Reading of an Ordinance Rezoning Property, by �P Rail; Generally Locateci at 73rd and University Avenues At its August 26, 1996 meeting, the City Council formally rejected the potential purchase of property focated at 73rd and University Avenues. CP Rail, however, has requested the City Council to consider the request to rezone the property from M-2, Heavy Industrial to C-2, General Business. The folfowing findings of fact have been established regarding the request: 1. The property, while zoned M-2, Heavy Industrial, was designated commercial in the City's 1980 Comprehensive Plan. 2. The property is one of 19 loop-back parcels in the Ciiy. Of those parcels, 13 are zoned G2, General Business, with the remaining six zoned R-2, Two Family Dwelling, C-3, General Shopping Center, and M-1, Light Industrial. No other loop-back parcels are zoned M-2, Heavy Industrial. 3. The Planning Commission, at its public hearing of April 19, 1995, voted unanimously to recommend approval of the rezoning request to the City Council. RECOMMENDATION Based on these findings of fact, staff recommends that the City Council approve first reading of the attached ordinance rezoning the property from M-2, Heavy Industrial to 17.01 CP Rail 1st Reading September 24, 1996 Page 2 C-2, General Business. Staff met with the property owner and a potential developer of the property who may pursue special use pennits for a convenience store,-� automobile fuel dispensing service, and a service station. Applications have not been received as of yet. MM/dw M-96-441 17.02 ORDINANCE NO. ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MARING A CHANGE IN ZONING DISTRICT3 The Council of the City of Fridley does ordain as follows: SECTION 1. Appendix D of the City Code of Fridley is amended as hereinafter indicated. Be and is hereby rezoned. SECTION 2. The tract or area within the County of Anoka and the City of Fridley and described as: Tract A, Registered Land Survey No. 78, generally located at 7299 University Avenue N.E. Is hereby designated to be in the Zoned District C-2, General Business. SECTION 3. That the Zoning Administrator is directed to change the.official zoning map to show said tract or area to be rezoned from Zoned District M-2, Heavy Industrial to C-2, General Business. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY TiiIS DAY OF , 1995. WILLIAM J. NEE - MAYOR ATTEST: WILLIAM A. CHAMPA - CITY CLERK Public Hearing: May 22, 1995 First Reading: Second Reading: Publication: � 7.03 � _ STEVEN E. BILLIN(:ti COUNCILMAN, WARI) � UIYOF FRIDLEY FR[DLEY MUNICIPAL CENTER • 6431 UNI�'ERSITY AVE. N.E. FR(DLEY, MN 55432 •(612) 571-345� • FAX (612) 571-1287 September 18, 1996 RE: REZONING 73RD & UNIVERSITY Dear Concerned Citizen: In the Spring of 1995, you attended hearings before the Fridley Planning Commission and/or the City Council regarding ihe rezoning of the property at the southeast corner of University and 73rd ("Loop-back" area) from its current industrial M-2 zoning to a commercial C-2 zoning. As you will recall, at that time the City Council was considering a Municipal Liquor Store on this site. This is to inform you of a meeting at which the rezoning wiU be decided. The current M-2 zone witl allow uses including Heavy Industrial, Construction, Wholesale, Heavy Duty Autq Repair, and Auto Servicing and Fuel Sales. The proposed C-2 zone would allow uses including Banks, Convenience Stores, Offices, Theaters, Commercial Recreation, Light auty �►uto Repair, Auto Servicing and Fuel Sales. On April 19, 1995, the Planning Commission recommended approval of the rezoning from M-2 to C-2. There ar� 19 other "toop-backs" in Fridley. Of these, i3 are zoned C-2, and the remaining � are a combination of residential, commercial, and liyht industrial. None of the others are zoned M-2, heavy industrial. The recommendation was not made based on the then proposed liquor store, but based on the fact that they beiieved that the site should be zoned commercial rather than the current industrial. On June 26, 1995, the City Council tabled the Rezoning. On August 26, 1996, the City Council took formal action to reject the potentiai purchase of this property. This leaves the owner, CP Rail, in the position of seeking another purchaser. In order to find a purchaser, CP Rail wants to be certain what the zoning will be for this site. CP Rail has requested that the City Council complete the rezoning process. While there is not a purchase agreement in place at this time, CP Rail is negotiating with at least one prospective developer. The Fridley C"rty Counc� wal consider the first reading of the ordinance to rezone this property at its September 30, 1996 meeting at 7:30 pm in the Counc�l Chambers at the Fridley Municipal Center at 6437 University Avenue NE. This is not a public hearing, but you are invited to attend the meeting_ If you cannot attend the meeting, please feel free to write a letter to my attention, or to any other members of the Councii. The minutes of aii of the previous meetings are avaiiabie to us and previous testimony has been duly recorded and noted. If you have further questions, please feel free to contact me at 571-5457, or the Planning Department at 572-3593. Sincerel Steve Billings 17.04 RES[UENCE • SZIS LINCOLN STREET N.E. FR[DLEY, M[I�tNESO'I'A 55421 • PHONE (612} 571-5457 DESCRII'TION OF REQUEST: The petitioner is requesting a change in the zoning from M-2, Heavy Industrial to C-2 General Business. If approved, the City would construct a 11,200 square foot municipal liquor warehouse. SI;f1VIMARY OF ISSITES: The request meets the three criteria used to evaluate all rezoning requests: 1. The proposed use is comgatible with the propose� zoning district. 2. The proposed district is compatible with the sunounding uses and zoning. 3. The proposed use rneets the requirements of the prop�sed district. RECOMI��NDED ACTIOI�IS: Staff recommends that the City Council conduct the public hearing. A condition for approval of the request is the following stipulation: 1. The project sha11 comply with a11 the requirements of the C-2, GEneral Business District. PLANNING COMIVIISSION ACTION The Planning Commission voted unanimously to recommend approval of the request to the City Council as recommended by staff. 17.05 Petition For: Location of Property: Legal Description of Property: Size: Topography: Existing Vegetation: Existing Zoning/Platting: Availability of Municipal Utilities: Vehicular Access: Pedestrian Access: Engineering �ssues: Site Planning Tssues: Parcel History REZONING REQUEST 73RD AND UNIVERSITY AVENUES PROJECT DETAILS Rezoning from M-2, Heavy Industrial to C-2, General Business. Southeast quadrant of the intersection of 73rd and University Avenues. Tract A Registered Land Survey No. 78 Anoka Counry Mu�nesota. 2.4 acres Mostly flat, slopes slightly to the west. The parcel sits slightly lower than the surrounding roadways. Trees, tall grasses. M-2, Heavy Industrial Available East University Avenue Service Road N/A Drainage DEVELOPMENT SITE The subject parcel has been vacant since the incorporation of the City. In 1989, Phillips 66 Company filed a special use permit application to allow a gas station, convenience store, and car wash on the site. T'he City denied the application on the basis that the square footage of retail space exc,eeded the 30% permitted by the M-2 District. The City also received an informal request regarding use of the site for a bank, but a formal request was never received. 17.06 Wetland Issues A wedand was identified on the parcel by the US Fish and Wildlife Service in 1989. This wetland was indicated on the Service's National Wetland Inventory Map. Prior to the City pursuing a rezoning application for the parcel, the e�errt of the wetland needed to be determined. This would then deternvne if the project was feasible. The City hired Peterson Environmental Consulting to delineate the wetland and develop a mitigation plan to replace any impacted wetland in compliance with the 1991 Wetland Conservation and the Federal Clean Water Act. It was determined by the consultant that a wetland was not located on the parcel. The hydrology did not exist to meet the criteria in the 1989 wetland delineation manual. The City proceeded with the rezoning request. Evaluation of the Rezoning Criteria Comnatibilitv of the Proposed Use with the Proposed District The proposed use of the site is for a municipal liquor warehouse store. Liquor stores, selling package goods are a pernutted use the C-2, General Business District. The use, therefore, is compatible with the proposed district. Comnatibilitv of the Proposed District with Adjacent Uses and Zoning The proposed district, C-2, General Business is compatible with adjacent uses and zoning. The subject parcel is a "loopback" parcel. A loopback parcel is one which is located between a seivice road and an adjacent roadway at an intersection. There are 19 loopback parcels located in the City; 13 are zoned C-2, General Business, regardless of the surrounding zoning. The remaining 6 aze zoned R 2, Two Family Dwelling, C-3, General Shopping Center, and M-1, Light Industrial. The properiy to the west of the subject parcel is also zoned G2 and is used for offices. The property to the east is zoned M-2, Heavy Industrial, however, many of the uses are warehouse-showrooms, and a large portion Qf the building is devoted to a medical office use. The property to the north is zoned residential, both single and two family, howevsr, those properties are separated from the subject property by 73rd Avenue, which is a collector. . The use of the subject pazcel as it is aureirtly wned woutd be limited to a small industrial user not requirluig expansion space due to the small size of the parcel. The oth� possible uses permitted in the Heavy Industrial district fitting this site would be repair garages or automobile setvice stations. Rezoning the parcel to a commercial designation would afford a wider variety of pernutted ases on the sit�. The land use plan in the City's Comprehensive Plan designates the subject parcel as commercial. Comnliance of the Proposed Use with the Proposed District Requirements Set6acks The proposed site plan meets the minimum requirements of the G2, General Business District requirements. No variances are required. Unlike the M 2, Heavy Indust�ial District, the C-2 District does not have additional setback restrictions from the public right of way adjacent to a residential district, therfore, the building will be set 35 feet from the north and west property lines. There are 58 proposed parking stalls, 3 more than required by code. Access will be from the University Avenue Service Road via two driveways at the southern-most portion of the site. The building is proposed to be 18 feet tall. A six foot tall rockface block screening wall and eight foot high Black I�'ills Spruce will screen the loading dock and dumpster area from the public right of way. Drainage The Engineering Department has designed the drainage plan to meet the requirements of the Six Cities Watershed Management Organization. The stormwater will be ponded on site and released into the stormwater system located in 73rd Avenue. 17.07 Landscaping The landscape plan complies with the requirements of the C-2 District requirements. The number of trees required and provided are: REQUIRED 31 trees required (1 for every 50 feet of siie perimeter) 25% reduction for large trees (3" caliper deciduous and 8' tall evergreens) 30% evergeen 2 ornamental trees equal one overstory 23 trees required after large tree credit PROPOSED 12 3" Red Oak 8 2" Snowdrift Crabapple 7 8' Black I�lls Spruce 1VLscellaneous shrubs for screening purposes. A number of existing trees will be preserved in the southwest corner of the site: Building Materials The architect has provided two building material scenarios: Scenario A: Rock face concrete block Met�l architsctural detailing will be located at the northwest and northeast corners of the building. Approximately 50°l0 of the east face will be a similar metal material. Scenario B: Jumbo brick, which is larger than regulaz brick Metal architectural detailing will be located at the northwest and northeast corners of the building. A.pproximately 50% of the east face will be a similar metal rnaterial. The colors of the building aze proposed to be tan block/brick with burgundy finish on the portions to be metal. The metal portions of the building will he faciory finished. The buil�iing materials as proposed comply�with the district requirements. Scenario B, because it includes brick, is consistent with the City's past preference to use brick as a major design element. A decision regarding the use of brick will need to be made by the City Council. Lighting The site will be lighted through the use of two 15' shoe-box slyle light standards. Building mounted, downcast lighting will also be used for security purposes. The lighting will be designed so as not to adversely impact the residernial property to the north. Signage Final dec�ons regarding the sigc�age have not been made, however, the proposed signs comply with the Sign Code requirements for the C-2 Distric�. No freestanding signs are cwrently proposed. Both individual letters and cabinet signs are proposed (see elevations). Store Operation The proposed hours of operation for the store are 8:00 am to 10:00 pm Monday through Saturday. Peak hours are from 4:00 pm to 7:00 pm Monday through Thursday, 4:00 pm to 8:00 pm Friday, and 3:00 pm to 8:00 pm Sahuday. Appro�dy 60-70 customers per hour are expected dw ing the peak times. Deliveries 17:08 will occur on Monday, Tuesday, Thursday, and Friday, one delivery each day, with two on Thursday. Peak shopping days are Thanksgiving, Christmas Eve, and New Year's Eve_ Traffic Kezoning the pazcel to a commercial designation will have an impact in terms of traffic. The C-2 District permits a wider variety of uses, including of�ices, banks, drive-ttuu restaurants, gas station/convenience stores, and other retail facilities. A comparison of average daily trips follows: USE AVERAGE DAII,Y NUMBER OF TRIPS TRUCKS Industrial (Manufacturing) 3.48/1000 sq.ft. building Industrial (Warehouse) 4.88/1000 sq.ft. building Restaurant (w/drive-thru) 632l1000 sq.ft. building Gas stationiconvenience 887/1000 sq.ft. building Bank 291/1000 sq.ft. building General Retail 51/1000 sq.ft. building General Office 24/1000 sq.ft. building Liquor Store 485 total trips (based on 4 per week 1Vfiarch counts) 580 total trips (based on July counts) The numbers quoted for the liquor store are based on cxurent customer counts. A�proximately 65% of the cuirrent a.�stom� base is Fridley residents_ Ctarrent trips on University Avenue average 34,500 per day (1993 counts). Trips on ?3rd Ayenue average 10,Q00 per day. The probability of the County approving any type of control at the inteisection of 73rd Avenue and the East Seivice Road is low. There is adequate stacldng space on the Service Road for vehicles waiting to enter 73rd Avenue. Customers leaving the site could also travel southbound to 69th Avenue to access University Averiue. Staff will observe c�.urent tra�'ic patterns during peak hours at both sites and report to the Planning Commission. See attached traffic study for more infonnatioa Stipulations and Recommendation Staff recommends that the Planning Commis.sion recomtnend approval of the rezoning request to the City Council with the following stipulations: 1. The project shall comply with all the requirements of the G2, General Business District. ADJACENT SITES WEST: Zoning: C-2, General Business Use: Office SOLITH: Zoning: M-2, Heavy Industrial Use: Vacant 17.09 EAST: Zoning: M-2, Heavy Industrial Use: Warehouse/ShowroornJOffice NORTH: Zoning: R-1, Single Family Use: Single Family Residential Zoning: R-2, Two Family Use: Two Family Residential Comprehensive Planning Lssues: Public Comments: A number of Melody Manor and Holiday I�ills residents attended the meeting. The neighbors also submitted a petitione opposing the rezoning. Their concerns may be summarized as follows: � 1. A number of residents questioned the profit margin indicated by the rnarketing consultant. 2. Concern for the children using Locke Park and the 73rd Avenue bikeway, how would additional traffic impact them? 3. Inc: ease in juvenile alcohot use and drinking in the adjacent parks. 4. Increase in traffic, vandalism, and litter in the adjacent neighborhoods. 5. Apparent conflict between the DARE Program and the City's liquor operation. Staff will be pr�pared to resp�nd to the concerns expressed by the residents. 17.�0 FRIDLEY CITY COIINCIL MEETING OF JIINE 12 1995 PAGE 21 NEW BUSINESS: 3. APPROVE REQUEST FOR PROPOSAL FOR CITY WIDE CURBSIDE COLLECTION OF REFUSE� Councilwoman Jorgenson asked if there was difficulty in get 'ng the garbage haulers in Fridley to cooperatively work with the ity for clean-up week. Ms. Dacy, Community Development Director, stated that a informa- tional meeting was conducted on the concept of curbs' e pickup. She stated that, in general, there was a lot of conc,�rn from the haulers about the amount of refuse that would appe�� at the curb and the ability to handle the items. / Councilwoman Bolkcom stated that the member�� of the Clean-Up Committee never saw such a negative group of �eople. She stated, that since that time, there has been a meetfing with Susan Young, Minneapolis Solid Waste Program Director, arid she believes the City will be able to obtain the number of truc�s necessary on a one-time basis like it is done in Minneagolis. Councilwoman stated that sh� believed that Ms. Young gave Lanni McCauley, Executive Dir�ctor of the Fridley Pride City Wide Committ,�e, a list of those haulers. Councilman Schneider stated tha �he heard the issu� was the time element to pick up and dump the items. He stated that the need for 42 trucks exceeds the capabi ty of the local haulers. Councilwoman Jorgenson st�t�ed that she wanted to express her dis- pleasure with the licens�d haulers in the City regarding their uncooperative attitude �in assisting with the clean-up. . MOTION by Councilwo�� Jorgenson to authorize staff to initiate the Request for P�oposal (RFP) process for City-wide curbside collection of ref�ise. Seconded by Councilwoman Bolkcom. Upon a voice vote, all�'voting aye, Mayor Nee declared the motion carried unanimausly. ,��` 18. MOTION'by Councilman Schneider to adopt Resolution No. 36-1995. Secorided by Councilwoman Jorgenson. Upon a voice vote, all voting ay,�, Mayor Nee declared the motion carried unanimously. STATEMENT BY COUNCILMAN BILLINGS REGARDING THE REZONING OF PROPERTY AT 73RD AND UNIVERSITY AVENUES• Councilman Billings stated that public hearings were held before the Planning Commission and City Council regarding the rezoning of property at 73rd and University Avenues. He stated that no final 17.11 FRIDLEY CITY COUNCIL MEETING OF JUNE 12 1995 PAGE 22 decision has yet been made by the Council regarding this rezoning and it is no "done dea7.. " Councilman Billings stated that much of the discussion at the Planning Commission meeting involved the liquor store, mostly in response to questions raised by the neighborhood. He stated that at the Council meeting, the presentation revolved around the proposed liquor store site as a possible use which was primarily in response to questions the neighborhood raised at the Planning Commission meeting. He stated that members of the Planning Commission and the Council stated that the motivation for consi- dering the rezoning was the need to relocate the Liquor Warehouse. It was, however, emphasized that the dec�sion to rezone and the decision to relocate the Liquor Warehouse were separate and distinct decisions. Councilman Billings stated that none of the Planning Commission members deserved the treatment they have received in Ietters and comments made by several of the residents of Melody Manner, and he felt those that made disparaging comments should apologize to the members of the Colnmission. Councilman Bi��ings stated that he met with CiLy staff on.several occasions to review several possible alternate sites for a I,iquor Warehouse.' He stated�that the sites.which were reviewed included the vacant Amoco store at Osborne Road and University Avenue, the vacant �land on East Rive'r.Road south of Mississippi, the prop�rty in the nor�heast corner of University and Mississippi, the site on Osborne R�ad near the Dairy Queen, and several athers. He stated that, except for one site, all were unacceptable for a variety of reasons including availability to purchase, size, not enough traffic, and accessibility. ' ' Councilman Biliings stated that one site appears to present reason- able access, and is a commercial shopping area with good traffic counts and good visibility to northbound trafFic. He stated that while it is not perfect, he felt it should be considered as a possible alternate site. He stated that this site is located on the southwest corner of University Avenue and Osborne Road adjacent to the current Pet Food Warehouse. He stated that the site has been reviewed by Mr. Scott, a real estate agent that specializes in finding locations for commercial� businesses. He stated that Mr. Scott feels this site is suitable for the Liquor Warehouse. Councilman Billings stated that a letter was sent to the attorney representing the current owner of this site, and a response was received that the owner would consider selling a portion of the property of the property to the City. He stated that he met with Councilwoman Bolkcom, as the site is in her ward. She agrees that this could be a possible alternate site for the Liquor Warehouse. Councilman Billings stated that while a market study may find this site to be less prosperous in terms of potential sales, the City may have to make a trade-off between what would seem to be in the 17.12 FRIDLEY CITY COIINCIL MEETING OF JUNE 12 1995 PAGE 23 best interests of the City and the peace and tranquility of the citizens. MOTION by Councilman Billings to request staff to review a free standing building on the Pet Food Warehouse site as a p�ssible location for the Liquor Warehouse. Further, that staff commence immediate negotiations for the purchase of 40,000 to 50,000 square feet of land from the owner with cross parking and cross driveway easements at a minimum, that any purchase shall be subject to approval af the City Council and staff be directed to have the architects review what must be done to re-site the store at this location, and that they confer with the market analyst to determine the differences between the sale projections for this site and the current proposed site. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 19. INFORMAL STATUS REPORTS: ; ,� Mr. Burns, City Manager, stated that he did not believe there would be any time for informal discussion, as he requested �he Council to postpone adj ournment of this meeting and to praceed �to an execu- tive session to discuss potential litigation. MOTION by Councilman Bil.lings to adjourn to an executive session ior purposes of discussing potential litigation. Seconded by Councilwoman Jorgenson. Upon a voice vote,%all voting aye, Mayor Nee declared the motion carried unanimously and the Council at 11:�2 p.m, entered into a closed execut�ve session. MOTION by Councilwoman Bolkcom t for a settlement for potential Apartment tenants. Seconded by� voice vote, Councilwoman Bolkco�ri, Councilman Schneider, and May r N Councilman Billings voted ag�nst the motion carried. i ADJOURNMENT• o approve the proposal to provide l�itigation for the Cherrywood Councilwoman Jorgenson. Upon a Councilwoman Jorgenson, ee voted in favor of the motion. the motion. Mayor Nee declared MOTION by Councilwoman Jorgenson to adjourn the meeting. Seconded by Councilwoman Bo��kcom. Upon a voice vote, all voting aye, Mayor Nee declared the otion carried unanimously and the Regular Meeting of the Fridle�City Council of June 12, 1995 adjourned at 12:15 a.m. ! Respectfull�� submitted, Carole Haddad Secretary to the City Council 17.13 Wiliiam J. Nee Mayor FRIDLEY CITY COIINCIL MEETING OF MAY 22 1995 PAGE 7 8. PUBLIC HEARING ON REZONING REOUEST ZOA #95 02 BY THE CITY OF FRIDLEY TO REZONE PROPERTY FROM M-2 HEAVY INDUSTRIAL TO C-2 GENERAL BUSINESS TO ALLOW THE CONSTRUCTION OF A NEW MUNICIPAL LI UOR STORE GENERALLY LOCATED AT 7299 UNIVERSITY AVENUE N.E. (WARD 1)_ MOTION by Councilman Billings to waive the reading of the public hearing notice and open the public hearing. Seconded by Council- woman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:20 p.m. Ms. McPherson, Planning Assistant, stated that this is a rezoning request by the City for property located at University and 73rd Avenues. She stated that the property is currently zoned M-2, heavy industrial. She stated that the property to the west is zoned C-2; the property to the east is zoned M-2; and the property to the north is zoned residential. Ms. McPherson stated that the purpose of the rezoning is to allow the construction of a new Municipal Liquor Warehouse. She stated that the parcel has been vacant since the incorporation of the City. Ms. McPherson stated that in 3989, Council considered a special use permit by Phillips 66. She stated that this request was denied on the basis that the square fo°otage of the retail space exceeded the 30 percent permi�ted in the M-2 zoning-district. Ms. Mcpherson stated that a wetland was identified on this p�rcel by the U.S. Fish and WildZife Service, iri 1989, and was indicated on the National Wetland Inventory Map. She stated that the City. hired a consultant, Peterson Environmental Consulting, to determine the extent of the wetland. She stated that it was determined by the consultant that a wetland was not located on this parcel, and. the hydro-logy did not exist to meet the criteria in the 1989 federal wetland delineation manual. Ms. McPherson stated that the City is proposing to construct a 11,600 square foot Liquor Warehouse on this parcel. She stated that the building meets all the setback and parking requirements of the C-2 zoning district. She stated that the entrances to the site would be located on the southeast portion of the property. She stated that the City has developed a drainage plan in compli- ance with the City�s regulations. She stated that a series of detention ponds would be created on the site, and a landscape plan has also been developed. She stated that the City proposes to use larger trees so that the site appears more mature once the building is constructed. Ms. McPherson stated that the building is proposed to be construc- ted of jumbo brick with windows located along the west facade. She stated that signage would be on the west and northwest portion of the building. She stated that on the north end of the building, 17.14 FRIDLEY CITY COUNCIL MEETING OF MAY 22 1995 PAGE 8 towards the residential district, staff is recommending little or no signage. She stated that there would be two 15 foot light standards on the east portion of the parking lot which would be downcast into the parking lot. She stated that, in addition, there would be some security lights along the east and the south exit door which would be on timers to� shut �off after the store is closed. Ms. McPherson stated that a traffic consultant reviewed the traffic impact and indicated that the intersection at 73rd Avenue and the service road would not be adversely impacted by the construction of the Liquor Warehouse. She stated that this proposed rezoning request does meet the criteria that the proposed use is compatible with the proposed zoning district; compatible with the surrounding uses and zoning; and meets the requirements of the proposed district. She stated that staff recommends approval of this rezoning request. Councilwoman Jorgenson asked what other types of businesses could locate in a C-2 zoning district if the property is rezoned but the Liquoz Warehouse is not constructed. Ms. McPhersoii responded that a bank, restaurant, offices, drive- thraugh restaurant, medical facilities, and other similar types of uses could locate in this zoning district. Councilman Schneider �asked if all the setback, parking, and sign code.requirements would be_met or if variances would be n�cessary if the Liquor hTareriouse was constructed. Ms. McFherson repZied that no variances would be required, and all code requirements would be met. Mr. Pribyl, Finance Director, stated that this project was necessi- tated because the current site of the City's Municipal Liguor Ware- house is under redevelopment. He stated that the Liquor Warehouse was moved to 214 Mississippi Street as a temporary location, and it was not intended to be long-term. He stated that the City is looking for a profitable site to move the Liquor Warehouse store to provide additional revenue for City operations. Mr. Pribyl stated that the City needs to provide a wide range of products at a low price to satisfy the customers. He stated that they have tried to introduce more upscale products and are expan- ding the selection of wines to appeal to a broader base of customers. He stated that the key is to provide customer assis- tance and service. Mr. Pribyl stated that the City needs to have sufficient space to purchase a high volume of products in order to sell at a lower price. Mr. Pribyl stated he feels that the City has a high level of control over the sale to minors. He stated that employees receive 17.15 FRIDLEY CITY COIINCIL MEETING OF MAy 22 1995 PAGE 9 continued training in this area. He stated that with the City involved in the sale of liquor, it tends to reduce the number of other off-sale liquor facilities in the City. �.. Mr, �Pribyl sta.ted �hat: .there�. has .lieen� .an analysis done reg�rding the proposed � sales in� relation 'fo'the costs� for constructiori of the � building. He stated that the worse case scenario would be a � $2Z6,000 profit, with the possibility of $638,.000, and most likeZy . $322,000, after expenditures for the land, building, furniture, and fixtures of approximately $1.4 million. Mr. Pribyl stated that the City has developed experience in the liquor industry. In the last five years it has taken over a larger market and continues to grow. He stated that the City has a professional and educated staff, and the customers appreciate their knowledge of the products. He stated that the benefits of being in the liquor business are increased revenue for the City and the potential reduction of property taxes. � Mr:. Priby3: stated that there were -a nuinber of concerns �=raised at the Planning Commissinn meeting. He stated �hat one was regarding traffic.and bicycles on the frontage road. He felt that one solu-- -� tion may. be to use the proceeds �from th� liquor�operations to � � : - construct � bi�e . path between 69th �and 73rd •A�ei�ues o� . th�e �east : �side of the• frontage road. �He stated that�=a�otrier:concern•was�.�the� � number.. of police calls. He stated that -��n the past tw-o �years, � there have been ten poli�ce:calls to the present Liquor Warehous.e. : Mr�. .. Pribyl statecl that the question . was r�ised about the `proximity of th� p�oposed � Liquor Warehouse•��to churches and..�schools: ��He . stated tfiat � nine out .of � twelve chur�hes and two -out Qf eight . schools are farther a�tay -than the pre�sent site,: : He stated that�.in regard to police monitoring of�bike paths and parks, Anoka County� provides Friday, Saturday, and Sunday bike patrols. He stated that Anoka County: is considering adding a mounted patrol, and the Fridley Police, as well, have their own bike patrol. Mr. Pribyl stated that in regard to the traffic, the marketing study indicated a possible reduction in local customers of two percent, and that would probably mean less traffic on the local streets. He stated that in regard to the traffic stacking on 73rd Avenue, the consuitant found that the traffic flows would not adversely affect that intersection. He stated that there would be a slight increase in the wait time but not significant enough to cause a problem at the intersection. ' Mr. Burns, City Manger, stated that this public hearing concerns the rezoning issue. He stated that no variances would be required if the Liquor Warehouse is constructed. He stated that there would be a great deal of screening to the residential area, and he believed the building would tastefully blend with the Northco property. 17,16 FRIDLEY CITY COIINCIL MEgTING OF MAY 22 19g5 PAGE 10 Mr. Darrell Ritzema, 7436 Concerto Curve, stated that he talked with Councilman Billings several weeks ago, and it was mentioned that this is an emotional issue. He stated that he was advised to come up with a good reason why the Liquor Warehouse should not be on this.si.te. He said that the reason is that�t�e people do not want it `there. � � � - � . - � Mr, A1 Quam, 399 73rd Avenue, asked if any-other sites have been investigated. Mr. Pribyl stated that�over the�last five years the City has been looking at different sites. He stated that this one was the highest on the priority list, but the reason it was not investi- gated more fully until now was because it was identified as a wetland. Mr. Quam asked why the Phillips 66 station, who wished to develop this site, did not have enough space. � Ms�.� Dacy, Community .Dedelopment Director, stated that PM�iTli�ss � 66 ap�lied for a special use pertnit under the �resent zoning of M-2, heauy industrial, due to the a:nount of c�mmercial space in.their proposed building, which� exceeded-the 30 percent pernritted in an M-2 zoning., district. � She stated that if tfiis_ rezoning � is approved_, ��the principa�l� use woulc� be. a-retall store:, - arid .it � is the .reason the rezoning- is� req�ested: tQ C-2, gener•aI �ius3aess.. -- - _ .. � -- i�ir�. � Quam - sta �ed • :that p�ans we3t-e- -formu��ated� -be€ore anyvne - �in �� the`� � neighborhood was. aware of it. __ - He felt that there are. alternate � sites_ available, �nd �that� there=�is- an overwhelming-disap�rova�I from '� th8 neighbor.Yiood; especially_ becausa it •.is- .a 1iquQr s�ore. �_ He - stated that. there :are parks, sehools,. and� churches- in the neighbor-= - '� hood, and the_Liquor Warehouse�would.�be incompatible; .� - � Mr. Quam stated: that the�residents expect the zoning to remain � compatikile with'the neighborhood. He asked that the rezoning to commercial not be approved. He felt that if the City was going to spend resources on these projects that they should involve the neighborhood. He asked that Council iisten to the residents. Mr. Bob Schroer, 490 Rice Creek Boulevard, stated that he finds it difficult to believe that this site is the only spot where the Liquor Warehouse can be located. He stated that he knows that Council studied other areas, but one area that comes to mind is at Osborne Road. He felt that this would be a better location and less offensive to the neighborhood. He stated that he has submitted his comments to Council in a letter regarding his feelings about this location. Mr. Schroer felt that locating the Liquor Warehouse on Osborne Road between University Avenue and East River Road would have a lot more to offer. He felt that the proposed location would not attract any 17.17 FRIDLEY CITY COIINCIL MEETING OF MAY 22,1995 PAGE 11 customers from East River Road. He stated that a site on Osborne Road gives a destination point, as there is other shopping in the area. He stated that the traffic flow also would be better, as it would not flow into residential property. He questioned if the City would rezone this property for a private individual if the City was not in the liquor business. Ms. Char Bruhjell, 7535 Lyric Lane, questioned the traffic study. She stated that she has three children, and they have trouble crossing 73rd Avenue to use the park because of the traffic coming from Columbia Arena. She stated that adding traffic from the Liquor Warehouse would make the situation worse. She stated that Fridley has a wonderful DARE program, and she could not beiieve the City was considering a Liquor Warehouse so close to the parks and the arena, as it is a constant reminder for children. She stated that Council is fighting against the DARE program wi�h this rezoning for the Liquor Warehouse. She stated that she did not want to see the sale of alcohol at this location. She also said that the bike patrols. are stopping underage youth now for drinking. Mr. Jahn Miller, 7350 Lyric Lane, also questioned the traffic study. He stated that at the Planning Commission meeting, it was stated that ninety cars per hour were expected to access the Liquor Warehouse. He stated.that ri.ght now on Friday evenings, there i.s a four minute wait to make a left turn:off 73rd�Avenue to get on the access road into Melody Manor. He s�ated that if there are ninety cars per hour at the Liquor Warehouse, he can imagine what that wili do to the traffic prablems. Mr.. Miller stated that the Liquor Warehouse-is now realzzing a. $134, 000 profit. To say that his will double just will not happen. He stated that if the City is not profit motivated why invest $1.4 million in taxpayers' money. He asked that the property not be rezoned for the Liquor Warehouse. Ms. Madelan Lawson, 1026 64th Avenue N.E., stated that she objected to this rezoning for the Liquor Warehouse because of the proximity of the parks and the arena. She stated that the City has another liquor store, and she did not see why this one was needed. Mr. Don Vant, 406 Rice Creek Boulevard, stated that liquor is not being controlled in the parks now and never has been, as he is constantly picking up liquor bottles in the park. He stated that the park is sadly in need of law enforcement and once the liquor is sold, the control is gone. He stated that he did not think there should be a liquor store at this location. Ms. Carol Schreiber, 7399 Lyric Lane, stated that she did not want this site rezoned for reasons of safety for the children and the additional traffic. She stated that there are many abandoned and strip mall sites where a liquor store could be located. 17.18 FRIDLEY CITY COIINCIL MEETING OF MAY 22 1995 PAGE 12 Ms. Diane Mahowald, 7451 Lyric Lane, stated that their neighborhood is very well established. She stated that when they moved to Melody Manor, there was not anything like a liquor store around, and that was one of the reasons they located in this area for safety and the sense of community. She stated that it is not fair to locate a liquor store on this site because they were there before the liquor industry. Ms. Ann Hagen, 551 Rice Creek Boulevard, stated that if the potential of ninety cars per hour is added to the existing traffic, it will create traffic problems. She asked that Council consider another location not near the parks. She stated that she feels a sense of pride for the beautiful parks, and this would cease once liquor is sold, as there is no control. Ms. Pat Henke, 7535 Tempo Terrace, stated that there is not a time around 6:00 p.m. that you can safely cross 73rd Avenue to get to Locke Park. She stated that if any traffic is added to 73rd Avenue, it would be a hazard to the children, and someone would get hurt. Ms. Vilet Is?er, 2287 Norton Avenue, stated that liquor stores do have adverse effects, She stated that she has a friend in Coon Rapids, and three gdngs there attacked her chil3. She stated that it was necessary to invoke the no stalking law to protect the chil•d. Ms. Barbara Tangren, 7368 Symphony Street, stated that si-le is concerned about young children who a.re biking and wh� wouid be affected by the lacation of the Liquor Warehouse..on this site. She stated that she has friends who have a parcel of land they.wish to sell of�which the City may want to consider for the location of a liquor store. Mr. Mike Larson, Liquor Operations Manager, stated that the site in which Ms. Tangren is referring is on East River Road near pow Brands. Ms. Tangren asked if Councii would consider a park on this site, rather than a liquor store and consider helping the residents construct a park, as she felt the site needed to be preserved. Councilittan Schneider stated that residents often wish to have a park constructed on sites proposed for rezoning. He asked if they would support such a proposal if the City were to assess the cost to the residents for purchasing and maintaining this property as a park. Ms. Tangren stated that perhaps there was a way in which the City could assist the residents in such a venture. 17.19 FRIDLEY CITY COUNCIL MEETING OF MAY 22 1995 PAGE 13 Ms. Char Bruhjell, 7535 Lyric Lane, stated that the City could consider obtaining volunteers and suggested that the commemorative space that was discussed earlier may be a possibility for this site. Mr. Wilbur Ertl, 7370 Lyric Lane, stated that Lyric Lane has always been considered a hazard. He questioned why the City did not build a downtown area and locate the Liquor Warehouse in that area. Ms. Suzanne Holm, 7424 Melody Drive, stated that the residents are told this is a rezoning issue, but there is still talk about the Liquor Warehouse. She stated that it is impossible to get a handle on what the Council is doing, as both the rezoning and Liquor Warehouse are being discussed. She suggested putting the Liquor Warehouse and the redevelopment area together in an urban environment where they belong. Mr. Ron Killian 7301 Concerto Curve, stated that he has personally witnessed traffic going off on the shoulder of the street to get through Melody Manor to Osborne Road during rush hour. He stated that there is already a traffic problem at this intersection. He stated that as far as police calls at the existing store, it is located close to the police station, and this proposed Liquor Warehouse will now be located in a secluded area, hidden by trees with an easier escape, and places to hide. He stated that this is a concern with the rising crime rate. - Councilman Schneider asked what type of businesses could locate on this site as it is currently zoned. Ms. Dacy stated that permitted uses in an M-2 zoning district are warehouses, manufacturing, assembly, or any types of businesses related to an industrial use. Councilman Billings asked how many loopback parcels are located in the Citye Ms. McPherson stated that there are nineteen, with thirteen zoned C-2 and six zoned R-2, C-3 or M-1. Councilman Billings asked the zoning designation of this site in the City's Comprehensive Plan. Ms. McPherson stated that the land use designation indicates this parcel as commercial. Councilman Billings asked Mr. Larson, Liquor Operations Manager, if there was a problem with trash in the parking lot of the Liquor Warehouse or on neighboring sites, such as the church properties. Mr. Larson stated that in his conversations with the c�urch personnel, they have not had any probiems. He stated that t2iey y 7.2� FRIDLEY CITY COIINCIL MEETiNG OF MAY 22 1995 PAGB 14 have two trash barrels in the Liquor Warehouse parking lot, and they have had no problems. Councilman Billings asked if any complaints were received from the residents in the neighborhoods of the two liquor stores��about persons purchasing liquor at the stores and traveling or stopping in the neighborhood and having drinking parties. Mr. Larson stated that he has not received any such complaints. Councilman Billings asked Mr. Larson if he has noticed any addi- tional activity of teenagers or high school age students trying to purchase liquor at the Highway b5 Liquor Annex since Sports Spree located in the building to the south. Mr. Larson stated that he has not seen an increase in this activity. Mr. John Miller stated that he did not feel it was fair to ask the Liquor Operations-Manager these questions because he would agree tha� there are no problems. He felt that these questions should be�directed to the appropriate persons such as the Police Department. � � Coiincilman � Bil.lings stated that. it is� �the City's �`re.sponsibility �to.- � � - � deteruiine the facts. .. � H.e ..stated that _r.ather than � addressir�g � �Mr. � Larson, these questions can be� direct�ed to. the City 24anager who � � .. .:.: ..is •responsible - �for- �all-• C��ty �.departm�nts-. - - :.. �., • . . _ . .. .. . . � � . . . � . . .. .. Councilman Billings aske.d Mr..Burns�_.City�Manag�r,_�_if he periodi- �caTly �has discussions-with the Public�Sa-fety�Director regarding - � pol ice ' probiems .. which - may =. or may= not ' be _ relatec� ��o. the 1 i�uor � stores. ' -.. . _-- � � .. Mr. Burns stated that, typically, he has these discussions, and they are the same facts that Mr. Larson was asked to provide. Councilman Schneider asked Mr. Miller if he has some direct knowledge of problems at the liquor stores. Mr. Miller stated that he did not, but he felt questions were being directed to someone who is biased. Councilman Schneider asked Mr. Miller to whom these questions should be directed. Mr. Miller stated that the neighbors should be asked. Councilman Schneider stated that since he has served on the Council, he has had only one call relative to problems at the liquor stores. He stated that he beiieves the liquor stores are well-managed. 17.21 FRIDLEY CITY COUNCIL MEETING OF MAY 22 1gg5 PAGE 15 Ms. Carol Schreiber, 7399 Lyric Lane, stated that before anyone was informed of this proposal, a lot of money was spent on traffic reports, and Council already decided they were going to move the Liquor Warehouse. She stated that it seems this hearinq. is to appease the residents. She stated that in�a democracy, people-who go against the wis�es of�the citizens will not be re-elected. Councilwoman Bolkcom stated that she has not made a decision on this rezoning. She felt fihat everyone would agree that the resi- dents should have been involved sooner, but she wanted everyone to work together. Councilman Schneider stated that Ms. Schreiber raised a good point on the studies that were conducted. He stated that, normally, there is a developer that is proposing the rezoning, and Council receives information on the platting, traffic, and drainage issues, in order to make a decision. He stated that in this case, the City is the petitioner and wearing both hats. He stated that if the City proceeded without that data, it would be unfair for the residents to atten� this meeting when there is no infoi-mation available. He stated that, in reality, the studies needed to be completed to present this data to the residents. Council�aoman Jorgenson stated that in the City's spring newsletter, she ' asked. the quest3on iF.,�the �.City_ should� remai� in� the l�iquor business.or get out of .it. �She stated Zhat she�rece�ved about twenty letters and. twelve or �thirteen telephone calls; and the ° respanse..was. divided:.- �he.� sta�ed-�hat the .�C�.ty :had.�ot speci�i-�..:: .. cal�ly discussed any.sites at.that time, but an estimate was given on the amount of prnfit_over the next ten years. She s�ated that.: because the I,iquor Wareho:use was �loc�ted in the sauthwest quadr-ant�, which was a redevelopment area,.funds-were�.•set aside to move ta another location i.f the City chose 'to remain in the liquor store business. Councilwoman Jorgenson asked if it would open the City to other off-sale private establishments if the City would leave the liquor business. Mr. Pribyl stated that is a Council decision if they want a dry City or wish to issue other off-sale private licenses. Councilwoman Jorgenson stated that if this parcel is rezoned, it does not necessarily mean a liquor store will be built on this site. She stated that four affirmative votes are needed to rezone. Because this is not a specifically budgeted item, four votes would be necessary to construct a liquor store. Councilwoman Jorgenson asked what the residents would like to see on this property if the rezoning is approved and a liquor store is not constructed on the site. 17.22 FRIDLEY CITY COIINCIL MEETING OF MAy 22 1gg5 PAGE 16 The reply from the audience was to leave it as it is now. Mr. Tim Breider, 7550 Tempo Terrace, stated that it is difficult to address this one parcei because to the east there is a large piece of undeveloped property. He felt that a�l this.land 2iad to be addressed rather than just this site. �� Councilwoma� Jorgenson stated that eventually, developers will want to develop that land,�and what can assist Council is to_find out what the residerits�would like on those.parcels.:.� �� - �- . Mr. Breider stated that there are retail businesses located in the area now which generate traffic that comes and goes at various times. He stated that he did not know who conducted the traffic study, but a person cannot get across 73rd Avenue in the evening hours. He felt that what the residents would like is the type of business that has traffic during the day at different hours such as small retail businesses. Couricilwoman.��Jorgenson stated that with this particular parcel, she would prefer that it be zoned commercial rather than industrial. She sta�ecl that a gas station could locate on this�parcel, and she felt that a�l 'iquor store� would . be bette .r-. She stated �that � she . . lives-. or�e.. �block �from a gas � �station; �and � �this is -�-not -a -good situation. � =She � •stated" �that- �he 'service roads� iritti� Melody- Manor � � pratect the neigh�borhooc�.� �fram � the bus��;ness_ area. - --.. -_ ._ - - • - . � � �-.Ms. ..iia�zel.�Vick,,. �433 �Goncerto �Ci,iY-ve,..stated� she- fel�t that- a� sen�io� � � - � � � center should be .located on this -site. � � : � . - � � - Councilwaman , Jorgens�on �stated � t-.i3[a�: � �he : agre�s : a ; senior � center •is " ' - � .. needed, but _ t�ese plans.._ have not �, materiali�ed � as quickly �- as, the� .: �Li�ior �Warehouse �issue.� - " - - � � . . - : - - - � . Ms. Tangr�n stated that she did not know about the-article in the spring newsletter;-.and she felt that this was unfair�.� Councilwoman Jorgenson stated that the City's newsletters are mailed to every resident in the City. She stated that citizens also have to read Focus News, as well as the newsletter, to keep informed. Ms . Tangren stated that Council should look at the property on East River Road that she suggested, as there are more commercial esta- blishments in the area. Councilwoman Jorgenson stated that the City would then receive opposition from the residents on East River Road. Ms. Dona Woltering, 7341 Tempo Terrace, stated that the Liquor Annex on Highway 65 has been there for many years, and the b�sinesses and schools knew that it was in their area. 17.23 FRIDLEY CITY COIINCIL MEETING OF MAY 22 1995 PAGE 17 Councilwoman Jorgenson stated that the homes were already in existance before the Liquor Annex was located on Highway 65. Ms. Cynthia Schreiner, 7372 Symphony Street, stated that First Bank - of Coon � Ragids had explbr•ed the � possibi�lity of purchasi:ng tl�is� parcel.� She stated, at the time when they did the soil borings it� was not suitable without a sale of the railroad property. She stated tha.t it was not profitable for a�private business to con- struct a building,.�and she did not feel�it would be profitable for the City to construct a.-buildirig: � �� . Ms. Dacy stated that, as she recalls, the Housing and Redevelopment Authority did evaluate a request for assistance with soil correction. She stated that it was not the decision of the HRA or the Council that prevented development of that site, as they were wil?ing to offer assistance to ma�ce the soil correction. Mr. Jim Lawrence, 7340 Tempo Terrace, asked if public hearings were held when the existing Liquor Warehouse was moved to its present site. Mr. Pribyl stated that when the Liquor Warehouse moved Erom Holly Center no public hearings were held. ��. Mr.� Lawrence stated `that-.he�.�is� not� .opposed-•to_ t�he �con�uuiption of� �`�.� • - � a-l:r�ho1 when .it . �s -done-: on . a r.eSponsibl.e� b,asis : - � He. stated..that �he � � �. enj oys -Locke : Park, but � he� �has �seen evidence Qf tYii�igs� �fihat should �� .. . . � .. . . no� .be•. al�lowed. . ,.He-� �elt�-tha� -with-.ths= �;iquor Warehouse- �:n�:clos�e ... . �... : � . . : . proximi�t� to � the park, -. -there. will -. be .a= problem •with� �over . . � consumption of � alcQhol�. �� He st�ted that.. �if �:cars tear .out � ef �� the � _ �� parking lot, .someorie.�w�.-11 be ba�dly i�j ured or -itilled; � arid this� may � �. � be .because� •o� •the easy� access_ to alcohol. He .stated that there are - - � � � other �.places where� the �I;iquor� Wareho�se ean be .located. � � - � � � � � - Mr. Pribyl stated that in 1990, the City Attorney researched same of the private off-sale establishments, and the City has the�power to limit or eliminate off-sale liquor licenses for the welfare of the City. Councilwoman Jorgenson stated that she understood that if the City was not in the off-sale liquor business, it was not the Council's option to remain a dry City. Mr. Herrick, City Attorney, stated that Council has the authority not to issue any license. Councilwoman Bolkcom stated that several letters were received in opposition to the Liquor Warehouse. MOTION by Councilman Schneider to receive the letter dated May 17, 1995 from Roland and Jeri Peterson, 235 Craigbrook Way. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 17.24 FRIDLEY CITY COONCIL MEETING OF MAY 22 1995 PAGE 18 MOTION by Councilwoman Bolkcom to receive the letter dated May 15, 1995 from Dona Woltering, 7341 Tempo Terrace. Seconded by Council- man Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. _ MOTION by Councilwoman Jorgenson to close the public hearing. Seconded by Councilman Billings. Upon a voice. vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public.hearing_closed at 10:20 p.m. . MOTION by Councilwoman Jorgenson to schedule the first reading of the rezoning ordinance for the Council meeting on June 26, 1995 and mail notices to those attending the meeting this evening. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that if Council desired, 1 would be discussion on the Five Year MIS Plan. It was consensus af the Council not to discuss the Plan at thgs time 10. � � � � �� Counailman� �Schne�der -�stated---th�t �he � �wishett= - . reading o:f this or.dinance, and he-.did not u. �t� adopt the _�new�� fees. �. - - . _ .. . . . . _� u. �. ' � . • . � ' �ppose �tihe ` s�cond � � � stand the.urgency. Ms.. Dacp, Community . Dev�lopment� .Direc�-r; st�ated� that � staff is preparing a recommendation :on - the � rmit� fees �� for �the June �12 Council meeting. _She stated that .� aff will.bz evaluating seven options, which she outlined as-fo ows: (1) waive permit fees for identified focus areas; (2) ide ify building-permit of the month and fee would be waived; j3j adentify some type of permit that would have a reduction in t fee for the entire year; (4) waive fees for any HRA grant or loan; (5j estabiish a valuation, for example, up to $1,500 to waived; (6j institute a home remodeling competition and the win ng entry could have free permits; and (7) encourage homeowners t apply for permits during the off-season and waive the fees. Ms. Dacy stated t at Council wanted to know if the permit fees are included in som of the grant and loan programs. She stated that ,the fees are line item in the CDBG program. She stated that typically, c tractors include the permit fees in their bids. Councilwo an Bolkcom questioned if hoineowners would actually receive lower bid from the contractor if the City waives the permi fees. 17.25 PLANNING COMMZSSION MEBTING. APRIL 19, 1995 PAGE 2 ,` Kurt Swanson, 6723 Overton Drive N.E. ��`! Lana & Quentin Freeburg, 301 Rice Cre�k Terr. Dee & Will Lynn, 7370 Memory Lane N,E. - Sharleen & Chuck Gooder, 7363 Memory Lane Joy Maras, 7371 Jackson St. N.E. Jeanne Zimba, 7350 Jackson St. N.E. Maryrose Hegland, 7321 Jackson St. N.E. Florence Kari, 7330 Jackson St. N.E. KayAnn Danielson, 7472 Melody Drive N.E. Linda Pearson, 7331 Jackson Street N.E. Kenneth Christiansen, 7525 Fourth Street N.E. Deanne McKusick, 7330 Van Buren Street N.E. APPROVAL OF AGENDA: MOTION by Mr. Oquist, seconded by Mr. Kondrick to approve the agenda as presented. IIPON A VOICE VOTE, ALL VOTYNG AYE, CHAIRPERSON NEWMAN DECLARED THE MOTYON CARRIED IINANIMOIISLY. MOTION by Mr. Kondrick, seconded lay Ms. M�dig to table approval of the minutes until th�'y have had adequate time to review them. ,� UPON A VOICE VOTE� AI.L VOTING AYE, CHAIRPERSON NEWMAN DBCLARED THE MOTION CARRIED ,LiNANIMOIISLY. Mr. Newman took the oppoxtunity to welcome the public to the Planning Commission meeting of April 19, 1995. He informed them that the Fridl.ey Planning Commission is an advisory body, appointed by�he City Council. They are ail volunteer members of the communi 'y who have a concern about how the City grows and develops. Their principle purpose is to receive information, as well as � blic testimony and pass it on to the City Council. They wi,ll make recommendations on the items, but they do not make the f3.3ia1 decision. The final decision is made by the City Coune'`il. For those persons who attended the meeting in regard to e proposed liquor store, Mr. Newman stated it will be going be ore the City Council on May 8th (no pubiic testimony will be ken at this meeting) and the City Council will hold a public earing on the proposal on May 22, 1995. l. PUBLIC HEARING; CONSIDERATION OF A REZONING REQUEST. ZOA #95-02, BY THE CITY OF FRIDLEY: To rezone property from M-2, Heavy Industrial to C-2, General Business, to allow the construction of a new municipal liquor store on Tract A, Registered Lane Survey No. 78, generally located at 7299 University Avenue N.E. � �%.26 PLANNING COMMISSION MEBTING APRIL 19 1995 PAGE 3 MOTION by Mr. Oquist, seconded by Mr. Sielaff to waive the reading and open the Public Hearing in consideration of a rezoning request, ZOA �95-02. UPON A VOICE VOT$, ALL VOTING AYB, CHAIRP$RSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. Ms. McPherson stated this is a rezoning request by the City of Fridley to rezone a parcel of land located at the intersection of University Avenue and 73rd Avenue from M-2, Heavy Industrial to C-2, General Business. The surrounding zoning of the property includes M-2, Heavy Industrial to the east, C-2, General Business to the west, both north and south of 73rd Avenue, R-2, Two Family Dwelling to the north, and also R-1, Single Family to the north. Ms. McPherson stated the purpose of the.rezoning request, if approved, would be to construct a 11,200 square foot municipal liquor store. Ms. McPherson stated that the parcel has been vaca�nt since the- incorporation of th� City. In 1989, the City considered a Special Use Permit Request.by Phillips 66.Company 'to allow a gas station/convenience store and car wash'on the site. The City' denied that request on.the basis that the square footage of.the retail space �exceeded that which was permitted�in M-2 tndustriaZ District. The City has also received various informal inquiries in regard to the parcel, although no formal development applications have been received� Ms. McPh�rson stated that'�n cons3dering a rezoning request, staff reviews three criteria to evaluate the reqnest: 1) the compatibility of the proposed use with the proposed district - the proposed district is C-2, General Business and liquor stores selling packaged goods are a permitted use within a C-2 District; 2j the compatibility of the proposed district with adjacent uses ann zoning - the parcel is a loop-back parcel (i.t is located between a service road and a major thorouqhfare). There are 19 such parcels located in the City, 13 of which are zoned C-2 General Business, regardless of the surrounding zoning of adjacent parcels. There is additional C-2 zoning to the west and office uses located in those particular buildings. There is residential zoning to the north, both two family and single family, however there is a fairly large road (73rd Avenuej separating the residential uses from the subject parcel. The use of the parcel as it is currently zoned would be limited to small industrial user who would not require additional expansion area due to the small size of the parcel. The parcel is approximately 2.4 17.27 PLANNING COMMISSION MEBTINQ, APRIL 19. 1995 PAa$ 4_ acres. Other possible uses under M-2 include repair garages or other automobile related uses. Rezoning the parcei to a commercial designation would afford a wider variety of uses to be permitted on the site. In 1980 when the City approved the Comprehensive Plan in accordance with the State planning statutes, the parcel was designated as CoYamercial in the City's comprehensive land use plan. 3) the compliance of the proposed use with the zoning district - these include a variety of items beginning with setbacks. The site has been designed to meet all building and parking setbacks - there are no variances being requ�sted as part of this proposal. Unlike the M-2 district, this district does not require a 100 foot building setback from the right of way line across from the residential district, therefore the setback from the right of way line along both 73rd and University Avenues will be 35 feet. There are 58 proposed parking stalls, three more than what is required. The Engineering Department has designed a grading and drainage plan which complies with the Sixt� Cities Watershed Management Organization. A landscape plan has also been designed by staff and complies with the minimum requirements of the C-2 district. Staff has �orked with the architect to design a building which is consistent with City requirements of other developers. The building at this point is proposed to be a combination of masonry block and brick with some architectural detailing done in a pre- finished manufactured metal finish. The color is proposed to be tan and burgundy. The tan will be similar to the exzsting home business center Zocated to the east af the subject parcel. Staff has not made a determination regarding signage, however, the signs that ar� shown on the elevation maps do comply with the City�s sign code for a C-2 district. Ms. McPherson stated the proposed hours of operation would be from 8:00 a.m. to 10:00 p.m., Monday through Saturday, with peak hours generally occurring between 4:00 - 7:00 p.m. in the eveninq. With any rezoning request traffic can be an issue. Staff has looked at the traffic which could be generated by the liquor store and has also contracted with Short-Elliott- Hendrickson to further analyze the traffic impacts in rezoning to a commercial designation would generate. In looking at the types of trips that a liquor store would generate during the peak hours, SEH has determined that approximately 90 total trips per hour to and from the store could occur and in their opinion the left turning movement onto �3rd Avenue from the service road could be backed up at certain hours as peak hour traffic is accessing 73rd Avenue to go northbound on University Avenue. Ms. McPherson noted that Mr.-Gien VanWormer was present also from SEH to further answer any questions that the commissioners or pubiic 17.28 PLANNING COMMISSIpN MF,ETING APRIL 19 1995 PAGE 5 may have in regard to traffic concerns, as well as Mike Larson and Rick Pribyl, representing the Liquor Store operation to answer any questions in regard to the store operation. .- Ms. McPherson stated as the request meets the three criteria used in evaluating all rezoning requests, staff recommends that the Planning Commission recommend approval of the request to the City Council. Mr. Sielaff asked if the proposed site is similar to the Central Avenue site in terms of traffic volumes. Ms. McPherson stated she did not have the information readily available, but would guess that the traffic volumes would be pretty similar. Mr. Sielaff asked if there is data from the Central Avenue liquor store on how much traffic to the store is generated during peak hours. Ms.�McPherson stated Mr. Larson should be able to provide information in regard to the number of customers per hour occur at•that store. SEH estimates that approximately 90 total trips in and out per hour would occur during the peak. Mr. Kondrick stated in regard to where the building is being placed and the manner in which one would go inta and out of the parking lot, he was curious what the distance is from the nearest entrance to the stop sign on 73rd Avenue. He wondered how many cars could be stacked in this area. Ms. McPherson stated the distance was estimated to be rou�hly 160 feet, so Mr. Kondrick felt approximately eight cars could�stack. Ms. Modig asked if there have been any complaints from the neighborhood of where the liquor store is located now. Ms. McPherson stated she is not aware that their department has received any complaints regarding the current operation or location. She did not inquire from the police department as to whether they have received complaints. Mr. Kondrick asked how far the current liquor store is from a residential area to the south. Mr. Rick Pribyl, City Finance Director, was present to discuss the proposed liquor store. He stated the proposed site is one the City is considering because of the necessary relocation of the current store due to the redevelopment on the southwest quadrant of the City's tax increment district. This site is one that the City has been looking at for some time and it appears 17.29 PLANNING COMMISSION MEETING, APRIL 19, 1995 PAGE 6 that it would be a very viable location for the City's off-sale municipal liquor store. Mr. Mike Larson, Operations Manager of the City's Liquor Stnre, was also present. He stated the largest change in the liquor stores industry is an increase in the business and warehouse style operations. The Fridley Liquor Stores have modified their image, management style and advertising plans to conform with customer demand for a warehouse image with a large selection and low pricing. This is their plan for this site. The goals for this proposal are to continue to provide a profit for the citizens of Fridley, control the saZes of intoxicating beverages and build a store that the community can be proud of. Mr. Kondrick asked how the size of the proposed building compares with the current site on Mississippi Street. Mr. Larson stated both buildings are basically the same size. Currently, the warehouse store is 11,800 square feet. The proposed building will be 11,200 square feet. The design will better suit th� use, however than building at the current location. Mr. Kondrick asked how large a staff is employed. Mr. Larson stated there will fourteen {14j total employees; four full-time and the remaining will be part-time employees. Mr. Sielaff asked if they had some idea as to how much additional traffic will be generated at the new site. Mr. Larson stated the studies have found that they would experience four to six times more exposuxe at the new site than what they are getting at the current site. The traffic that they anticipate at the new site is a northbound traffic. They are attempting to appeal to drive-by traffic. This is the key difference between the current location on Mississippi Street and the new proposed site. Mr. Kondrick asked how much of their volume will be drive-by traffic. His calculations show this wouid be approximately a 30� increase. Mr. Larson stated the market analysis that they had done by Magnen Research predicts an increase using the worst-case scenario of about $615,000 by the higher exposure. The most likely case is about $900,000 in total sales. Mr. Larson stated if one looks at the proposed design, what they are attempting to do is have traffic make a right-hand turn on 73rd Avenue, coming down to the loop back, making a right-hand 17.30 PLANNING COMMISgION MEETING APRIL 19 1995 PAGE 7 turn and coming in the store. The reason the parking lot is designed the way it has been is when a person exists the store they will actually come out and down to 69th Avenue to get back out on University Avenue. The existing store parking lot travels in this fashion right now. If a parking lot is created in the way that they have, customers do not find it the most convenient to try to exit out when others are trying to turn in. Therefore, the automatic flow of traffic is determined by the design of the lot. Mr. Kondrick stated if 25� to 30� of the customer base will be going north, they will likely choose to swing down 73rd Avenue to University Avenue. Mr. Larson stated he agrees with this. The other nice thing about the design.is if they do exit out the southwestern driveway they would not cross oncoming traffic that the liquor store would be creating. Mr. Kondrick asked if the driveways will accommodate two cars at both openings. � If so, would it be possible to direct the traffic to always enter and exit the way that it is proposed. If this were possib�e, there would be more stacking space. �� Ms. McPherson�stated•the City does have the aption and flexibility to create this as a right-in type situation. Mr. G1En VanWormer was present to answer questions in regard to the traffic concerns. • Mr. VanWormer stated they had completed a traffic study of the proposed site and put together a short repnrt. Tn the report they did three things. They looked at the traffic that would be generated by the liquor store of the proposed size. They also did some comparisons on different types of uses that could be on this site. The traffic volwnes range from 35 cars for a car repair use to 225 for a large bank of a fast-food restaurant. These are all peak hour figures. Mr. Sielaff asked if they have a sense of how much stacking will occur making a left-hand turn onto 73rd Avenue. Mr. vanWormer stated looking a signal cycle action, two or three cars would likely be backed up during peak hours of store operation. One of the biggest conflicts will be with the residential area which has a lot of outbound traffic in the morning. Whatever goes into the �ite, it should be one that generates evening traffic. 17.31 PLANNING COMMISSION MEETING, APRIL 19, 1995 PAG$ 8 Mr. Sielaff asked how long they anticipate a car having to wait at that intersection beFore they could turn. - Mr. VanWormer stated just guessing, he would say it would be rare that a car would be there longer than two signal cycles on University or more than 1 to 1.75 minutes. Mr. Oquist asked if there has been an opportunity to have conversations or discussions with the neighbors to the north and south in regard to the project prior to this time. Mr. Larson stated they did not anticipate any significant controversy as they assumed that this particular use on a commercial or retail basis would be less intrusive than some of the other possible uses. Mr. Kondrick asked if lighting has been discussed for the proposed st�re. Mr. Pribyl state3 they have discussed this with the architect on several occasions. They have discussed putting a berm with the landscaping to make sure that there is no ligYsting from the head2ights of the vehicles entering the area �ou1d shine over into the residential area. Ms. McPherson stated that she spoke with the project architect today saho stated that at a minimum there would be one parking lot standard with a possibility of as many as two. These would be short standards, roughly 15 - 20 feet in�hei�ht an3 would use'the down-cast shoe box type design to control the light. Mr. Pribyl stated as far as the store�lighting is concerned, there is not anything on the exterior of the store that has a high illumination factor. There are not any bright lights that actually shine on the building or cast off the buildinq. Mr. Kondrick asked if they were considering any motion lights or if they would all be fixed lights. Mr. Pribyl stated there would be one backlit board shining toward the intersection of 73rd and University Avenues, and one backlit board on the University Avenue side. One of staff's considerations was to keep the 73rd Avenue sign from being highly illuminated. Mr. Newman asked if the zoning was kept as it currently is, how large of a facility could be constructed on the site? Ms. McPherson stated the parcel is 2.4 acres. Assuming that you could cover 40� of the lot with the building, a building of 41,000 square feet could be constructed. However, parking would 17.32 PLANNING COMMIggION MEETING APRIL 19 1995 PAGE 9 still need to be figured in, so that could bring the total square footage down considerably. Mr. Hickok stated to further answer the question about the �" building size in relationship to the number of parking stalls, different uses in a building determine the actual ratio used. Realistically with parking, it would probably be nearer to 30,000 square foot building with adequate parking. PUBLIC COMMENTS: Pamela Zembal of 7340 Concerto Curve stated she has a petition containing 234 signatures opposing the location of the liquor store at 73rd and University Avenues. There are several reasons for this opposition. 1) Aow will this impact the public health of the community? This faces a busy road, is located in the middle of three elementary schools, four parks, Rice Creek trails and �laces where c�ne can�expect youth to gather. It is we21 known that 60� of 9th grade students say that it is very easy�to purchase alcohol. She thinks the City is encouraging this by placing a store in this location. 2) In 1990,. the Ci.ty was �ooking.for alternative sites for the stoz�e. There were three proposed sites - Moore Lake Commons, East River Road & Osborne Roaci, and Uni��ersity Avenue and 57th Avenue. It seems very suddenly, the store site has been changed to 73rd and Uni�ersity. She had no idea where any of this came from. L,00king at the three pr�posed sites, the estimated cost of the building was going to be roughly� $700,000. Now they are looking at a different site and $1.4 million. She has heard some figure of a 13 - 33�.return on the investment. To get a 13� to 33� return on this type of investment, liquor profits would have to be about $400,000/year. The City of Fridiey has had municipal liquor stores for 27 years and generally they make about $180,000 per year profit. She does not see how the City could possibly feel they could get a profit margin of 13- 33%. When Fridley decides they are not making enough money with this liquor store, then what? Will it be let out to any private company in the retail liquor business? 3j She would like to know if the amount of police time and money that is being put into the DARE project is going to be born at all by the profits of the liquor store. We are giving very mixed messages to our children. We have this drug abuse reduction with the DARE project and we have Officer Friendly at the same time that we are having a very, very visible liquor store and encouraging children just by the placement of this liquor store to drink. We are going 17.33 PLANNING COMMI88ION MEETING APRIL 19 1995 PAQE 10 to be having a lot of excess traffic along the service road of University Avenue down towards and in front of the Colwnbia Arena. That will be a hazard to the children there and at the parks. She also feels that we are going to be doing some real damage to Rice Creek. There is going to be an amazing increase in trash there and as such she will be filing tomorrow with the Environmental Quality Board a request or petition to do a MPAW report on this project. She feels it will have a real impact on the environment of Rice Creek. 4) She would like to know if provisions have been made to increase police coverage for the parks around the area and the residential areas so that we don't have peaple stopping at the liquor store on the way home and going up to the park to drink the liquor rather than travel the very heavily patrolled University Avenue or Central Avenue, and taking residential streets which are not as heavily patrolled. She w�uld like to know what kind of liability coverage this store is going to be carrying so that when, not if, an accident occurs, the lawsuits are nat going �o stop with the person who is probably not insured anyhow. What kind of extra police coverage will they have and what kind of liability coverage will the liquor store have so that when a product is purchased and consumed and an accident happens we are going to have some protection against lawsuits. 5) What kind of criminal history checks and training are going to be done far the employees. There are anly going to be four pex-manent full �ime employees; the rest of them will be part time employees. She would like to know, if criminal history checks and training will be done to prevent underage consumption and parking lot consumption. Ms. Zembal stated that back in 1990 when the industry began to look for a new site, it seems to have been well thought and planned out - it now appears to have been pulled out of a Friday night poker game or something right now. All of the sudden, the City has changed the site, the size, the planning has not been done that looks like they are doing a serious business. That is why they are opposed to having the liquor store placed there. Ms. Zembal forwarded the petition to the Planning Commission, which contained 344 signatures. MOTION by Oquist, seconded by Mr. Kondrick to accept the petition as presented. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, THE MOTION WAS CARRIED IINANIMOIISLY. 17.34 PLANNING COMMISSION MEETING APRIL 19 '1995 PAaE 11 Mr. Newman stated the Planning Commission's first involvement with this particular application was tonight. The five questions that Ms. Zembal outlined were addressed by Mr. Rick Pribyl._ Mr. Pribyl stated some of the questions they would not be able to answer as they related to public safety issues which involved the Police Department. Mr. Pribyl stated that in regard to the prior three locations, back in 1989 and 1990 the search was not as in-depth as this one was. This site was actually being viewed by the Liquor Store Manager, but because of the wetland issue at that point in time, a different Liquor Store Manager chose not to actually pursue any remediation possibilities for the site. That site was actually eliminated and they chose to pursue another site. Mr. Pribyl stated the City recognizes the implications with the moral issues and has the responsibility to make sure that what they propose to th� City Council is financially feasible. This site is probably the best site the City has ever Iooked at in regard to retail off-sale operation. Tne current site that they have has been a temporary location and was not by any means first �hoice for location. • Mr.�Priby��stated that in�regard�'to whether- the liquor store ' contributes to the DARE program, Mr. Pribyl stated this is a. policy decision that the City Council actually reviews each and every year as they go thraugh the budget process. This is an option and probab�y one of many that the Counail will k�e dealing with if and whzn the site actuall•y develops. T�o�e pro�i.ts wi1Z be re appropriated into whatever general fund activities the Council sees fit. Currently, it has not contributed to the DARE program only because the City knew that the Mississippi site was only a temporary site. - Mr. Pribyl stated that in regard to the City's return on their investments, the $400,000 is actually the best scenario that came through the marketing analysis. The higher end return on investment was associated with approximately $400,000. This was the highest end projection the marketing analyst actually provided to the City. Mr. Larson stated the market analysis that came back on the store gave us a worst case/likely case/most likely/optimistic and best case. Everything was based on the most likely case, but it�is their goal to have the best case. The most likely, as far as a net basis is somewhere in the area of $300,000 income. The questions in regard to police patrol of the parks, etc., was a public safety issue and could not be addressed by either Mr. Larson or Mr. Pribyl. 17.35 PLANNING COMMISSION ME$TING, APRIL 19. 1995 PAGE 12 Mr. Pribyl stated that in regard to liability insurance, they are required to carry Dram Shop coverage which is in the area of $600,000. This is the maximum amount of insurance required�by the State. Mr. Larson stated in regard to the criminal history checks for employees of the liquor store, they are performed on aiI employees by the Fridley Policy Department. Employees are trained and certified and they are visited by the Police Department at their regular staff ineetings. Mr. Pribyl informed the commissioners that candidates have been rejected in the past based on information obtained during their criminal history check. Mr. Larson stated in 1993 $23,000 was designated to the Alexander House, in 1994 $75,000 worth of liquor profits were designated to another human service organization. The profits for 1995 have not been designated. Mr. Sielaff asked how the wetland issue was resolved. Mr. Pribyl��stated a consultant was actually hired to define and examine the particular property to determine if it existed as a we�land. In 1988 or 1989 the property was defined by the DNR as a wetland. Actually no examination was made of the property itself at that time. The City hired a consultant to go on the property and dig trenches and examine the soil conditions. Their report back to the City was that a wetland did not exist. Mr. Oquist asked if there was concerns as to the environmental impact of this development on Rice Creek. Mr. Pribyl stated he was not aware of any potential impact. Mr. Bill Holm of 7424 Melody Drive asked if the Planning Commission considers the profit of the liquor operation in evaluating the request. Mr. Newman stated no, their role is strictly limited to the land use plans standpoint. Mr. Holm stated this is a rather interesting request for rezoning in that one portion of the government is asking for that zoning change from another portion of the City government. He asked how the staff looks at this as compared to a private developer coming in and asking for a liquor store. Mr. Newman stated it is a unique situation, however it is not unusual. There are other requests such as these, such as requests for certain uses at the Columbia lce Arena which 17.36 PLANNING COMMISgION MEETING APRIL 19 1995 PAG$ 13 involves the county's approval. Mr. Holm also asked if any consideration was given as to relocating the liquor store at the Mississippi Street and University Avenue site ("The Gymp) which for some time was vacant and zoned C-2. Mr. Pribyl stated yes, however it was very expensive and also the traffic patterns of the property as far as entering and existing the site did not flow well. Mr. Holm stated he is concerned about the traffic flow to and from his neighborhood. This situation is similar to the CUB situation which occurred several years ago and he feels the Planning Commission should consider being consistent in its evaluation of those.requests. This situation is just as intrusive as the CUB situation. The neighbors say the zoning should be left as it is. This is what was expected when they moved into the neighborhood and the� see no reason to change it. They view the 35 foot setback rather than 100 ft. setback as a significant issue. Finally, he and the other neigYibors care about their neighborhood. He has been there for 27 years. They have neighbarhood garage sales, softball games, and they care about the area. They do not approve of the liquor store as shown by the petition and they feel the Planning Commission shouid take that into consideration. ' Ms. Gail Roufs of 7686 Van Buren Street stated she has a fifth grader and an eighth grader, and as a family they use the bike paths quite frequently, aften between th� 4:00 to 7:00 p.m. time period. As a result of discussing the proposal with her fifth � grader, she went to school and discussed the issue with her classmates. The students recently graduated from a 17-week DARE program. At the graduation, the 17eputy Commissioner of the Police Department spoke very pointedly to the parents about what examples they are setting for their children and alcohol abuse specifics. He talked about how much decrease in Police coverage would occur if alcohol consumption was less. As a result of this discussion, the fifth graders of her daughter's class were very upset by the fact that this proposal was not consistent with the example and teachings they have had over the past seventeen weeks. The teacher shared that she had a very hard time controlling the fifth graders. The classroom drafted a letter to the City of Fridley in regard to this proposal. Ms. Roufs proceeded to read the letter: "Dear City Council: We are fifth grade completed the DARE alcohol, drugs and students in Fridley. program which taught violence prevention. 17.37 We have just us about We are PLANNING COMMISBION MEETING, APRIL 19, 1995 PAGE 14 concerned about the new location of the liquor store near a bike path. The customers of the liquor store may be dangerous to bikers and pedestrians who use the� path. We think that a new location where children don't ride bikes or play would be safer. Sincerely, Grade 5 Woodcrest School"(signed by 22 fifth grade students) Ms. Roufs stated she would like to formally submit this letter to the Planning Commission. MOTION by Mr. Kondrick, seconded by Mr. Saba to receive the letter from the Woodcrest School students. UPON A VOICE VO�'E, ALL VOTIl�TG AYE, CHAIRPLRSON NEWMAN DSCLARED T$E MOTIOPi CARRIED iJNANIMOiJBLY. Ms. Ann Hagen of 551 Rice Creek Boulevard stated she is a resident of Holiday Hills and whenever there is a hockey game or show at the Col.umbia lce Arena; the traffic is backed up substantially at the 69th traffic light. Her children have taken piano lessons from a resident of Melody Manner and for five years she has had to cross the intersection and she feels the liquor store will only add t� the traffic and congestion. Ms. Hagen stated she walks to the park and as a resident takes pride in the area. There are occasionally beer bottles laying around now; when there are sports events, there_are_more bottles and trash. She is sure that the access to liquor wili be an issue. Ms. Hagen stated that her daughter went through the DARE program also and was upset about the proposal as well, with the visibility and access to the bike trails. Mr. Jim Plocienik of 7507 Tempo Terrace stated he signed the petition but did it without knowing a thing about it. After reviewing the information, he would like to rescind his signature. It seems there is a lot of opposition just due to the fact that it is a liquor store. He would like to have his name scratched from the petition. Mr. Jerry of 6110 Star Lane stated he agrees that maybe the City should have a liquor store in that location. With the profits the City will generate, the residents will all benefit. With all the taxes going up, he would give anything to somehow lower his. It sounds to him like residents do not want anything on the site. 17.38 PLANNING COMMI88ION MEETING APRIL 19 1995 PAQE 15 It is his feeling that the property should be used for something. Would they prefer a garage there? He cannot imagine opposition to a nice, clean run, well packaged operation. Mr. Quentin Freeburg of 301 Rice Creek Terrace stated he came to represent the membership at the Woodcrest Baptist Church which is located at 6875 University Avenue. He had a copy of a letter addressed to the Mayor's office from their pastor which he would like to read and submit to the record. Mr. Freeburg proceeded to read the letter. MOTION by Mr. Kondrick, seconded by Ms. Madig to accept the letter as presented. UPON A VOICE VOTE, ALL MEMBERS VOTZNG AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. Mr. Freeburg stated he had one question he would like addressed, that being the distance between the intersection of the service road at 73rd Avenue and University Avenue. Mr. Newman responded that it is approximately 285 feet. Mr. F�eeburg stated since most o� that traffic is.northbound, it would be safe to-presume that��once-th�y-make that left turn�from the service road onto 73rd, they will be moving into the right turn lane to continue north on University Avenue. This means that within 285 feet they will have to cross three lanes of eastbound and three lanes of westbound traffic. This could lead to considerable traffic back �p and congestion at that intersection. � � He stated his final point is of the three criteria that Michelle mentioned, the second one has to d"o with compatibility with adjacent sites. He thinks a lot greater consideration should be given to compatibility with neighboring sites. The neighboring sites being the community softbali facilities across the street, Columbia Arena, Locke Park, the residents and the church and school that are located there. Mr. Freeburg stated on the formal notice that was published in the Fridley Focus issue on April llth, it did not mention, as the agenda does, the purpose for the rezoning. It mentioned the rezoning, it mentioned the plat, and it mentioned the address but nowhere did it mention the purpose of the rezoning was for a municipal liquor store. He thinks this may have been a gross error judgment in making that public notice. Mrs. Marge Tangren of 7368 Symphony Street stated she would like to know how many cars can stack in the 285 foot area from the service road at 73rd Avenue to University Avenue. 17.39 PLANNING COMMIBSION MEETING, APRIL 19, 1995 PAGE 16 Mr. Newman stated the area allows for approximately 14 car lengths. Ms. Tangren stated she lives on Symphony Street and she knows of ten small children who go across 73rd Avenue to the biking path. Ms. Tangren stated that she is also concerned about drinking problems that may increase as result of the new location. She stated there are lots of apartment buildings, and many of the residents do not have vehicles. By having a liquor store within walking distance, they will have greater access to liquor. Ms. Tangren stated there is an apartment building in the area that has been rehabilitated for women who are abstaining fram liquor. What will a liquor store that is in close proximity of their homes do for them? Mr. Tom Rafferty �f 148 Horizon Cixcle stated he was in attendance to speak in favor of the rezoning of the property. The property as it is right now (�eavy industrial) will never be used. Whether it is used as a liquor store, convenience store, a gas station or whatever, it will not be heavy industrial. The zoning needs to be changed. Mr. Chester Burkowitz of 7370 Concerto Curve stated he is in opposition to the City of Fridley being in the liquor business. He stated he is also in opposition to the rezoning because of the traffic and also for the purpose of erecting a building for the purpose o� selling alcohol. Alcoho� has caused a lot of unnecessary deaths, created a lot of domestic abuse, broken marriages, battered women, child abuse and in many instances deprived children of food. Why should the City of-Fridley promote and encourage sales of a special kind of building in an area such as 73rd and University, with a hockey arena, churches, bike path, etc. On 59th and University Avenue there is a building specifically for peopZe who have a drinking problem. Just a little bit further down University, the City of Fridley wants to put in an establishment to encourage people to buy liquor. He does not see a need for a building such as that. If the City needs to have a liquor building establishment, put it somewhere else less conspicuous. Mr. Burkowitz noted it has been stated by someone in the paper that it brings in approximately $100,000 in revenue per year. Think about the money that has been lost due to the damage it has done to families caused by accidents and the abuse, loss of work. Also, with the cost of the new building, it will take approximately ten to twelve years to show a profit assuming the $100,000/year profit. 17.40 PLANNING COMMISgION MEETING APRIL 19 1995 PA 8 17 Mr. Burkowitz stated that he is opposed to the rezoning, due to the traffic, the close proximity of it to Columbia Arena and the bike paths. The location is inviting, encouraging people to use it alcohol. We should fight alcohol, not encouraqe it. � Mr. A1 Quam of 399 73rd Avenue stated he thinks it is a bad idea. The location is a premier site from a marketing standpoint but it is totally disregarding the church, park and bike trails. Mr. Quam asked what percentage of this net is it in terms of City revenue. Is it 1/2$ or is it 5$? Mr. Pribyl stated it is probably in the area of 6� as compared t� the general fund appropriations. Mr. Quam stated this is not very significant. echo the comments of some residents. They do changed. The liquor store will increase the He asked who currently owns that property. I"Ir. Pribyl stated it is owned by C.P. Rail. He would like to not wanfi the zoning amount of traffic. Mr. �uaxn noted that somebody said the prQperty will never be used if they do not develop it for the liquor store. He stated this may�not be such a bad idea. It could be used for a rest stap for the park-and trail" systems. He would urge the commission not to approve this. If the City must have a liquor store, do it elsewhere because there are alternatives. Be more sensitive and up front with the neighborhoads ta begir� with. Mr. Rich I,arsan of 5861 Fifth Street stated �he moved into Fridley 30 years ago. About one year ago, the City decided to put in a pawn shop in the oid Holiday gas station. He was opposed to this, however there have been no problems, they have cleaned the station up and it looks better. Mr. Larson stated that he is in favor of rezoning the property, and getting on with business. Suzanne Holm of 7424 Melody Drive stated she is concerned about the traffic and feels there should be a separate exit. IInless the service road would be moved over, it will encourage traffic to shoot over to Symphony Street and cut through the neighborhood. Mr. John Miller of 7350 Lyric Lane stated he feels one of the problems is access. There is vacant property on the northwest corner which is zoned C-2. Why not use that property? Mr. Miller also noted the traffic problems and congestion that he feels will be generated by the liquor store. 17.41 PLANNING COMMI$SION MEETING, APRIL 19, 1995 PAGE 18 George Johnson of 210 Rice Creek Terrace stated he does not live in the particular area. He is near where the current liquor store is and he does not like to drive out on Mississippi Street on Friday nights or Saturdays or before a holiday because the drivers are very aggressive. This is because they have been drinking or will be drinking and that is one of the problems. He sympathizes with the people in the proposed area. He thinks that the increased profit that may come only amounts to 2$, figuring on a$10,000,000 total revenue, and that hardly warrants that kind of traffic problem and hazard to people living in the area. He feels that if the City would consider leaving the place open for possible car repair business or a fast food business or bank, he thinks the City could have a legitimate business in that area which is next to a residential area and also a recreational area. That is the kind of business that is really wanted there. Mr. Tim Breider of 7550 Tempo Terrace stated he thinks that the whole thing boils down to whether the City is willing to protect the integrity of the zoning laws or the peo�le who are saying they don't want the liquor store there. He is opposed to the rezoning. Mr. Will Lynn of 7370 Memory Lane stated from what he gathered from the articles in the paper, the City intends to generate business from people that are coming from the south up University Avenue and going to where they live in Anoka, Ste Cloud, or wherever or they are on their way up North. His questions is, is the City going to listen to the people that live in Fridley or the people that go through Fridley and simply stop to buy liquor in the town. He is opposed to it, and opposed to the City of Fridley even thinking about having a liquor store. Mrs. Will Lynn of 7370 Memory Lane stated she has two granddaughters that use the bike traii and it is a favorite place. They turn around that corner and they go over to Columbia Arena. She can just see the traffic going in there. She thinks we need to think about the leqacy we will leave to our children and grandchildren. She shutters to think about telling her granddaughter what the big sign near the store says. What are we promoting in our "friendly Fridley"? Lets be friendly to the people who live there and to the morals and standards that we are trying to teach our children and grandchildren. "Let's decide against this." • Ms. Ann Hagen stated so much has been mentioned about the bike trails. She would just like to invite the commissioners to schedule in a walk through the areas that you can access by bike or walking so they can see what the residents are anxious not to ruin. 17.42 PLANNING COMMISgION MEBTING APRIL 19 1995 PAGE 19 Ms. Leah Price of 7428 Melody Drive stated she grew up in the neighborhood and just purchased a house in the neighborhood. She is very much against building a liquor store there. She fee�ls the City should be looking into human concerns. Are we about money and business in the City or are we about people? Ms. Price agrees that it should be made into more of a landscaping area. Why does anything need to be built there? She moved out of Spring Lake Park away from establishments - liquor stores, car repair, etc. Fridley is becoming that way. There are so many reasons presented by residents not to rezone the property, she thinks that money is a poor reason to do it. There were no more residents who wished to be heard at the public hearing. MOTION by Mr. Kondrick, seconded by Mr. Sielaff to close the public hearing at 9:30 p.m. IIPON A VOICE �OTE, ALL MEMBERS pOTI3dG AYE, CHAIRPERSON NETi9MAI�► DECLARED TH� PIIBLI� HEARING CLdSED. Mr. Sielaff stated he empathizes with all of the residents and their feelings about this particular rezoning. He felt it necessary to go back to why as a Planning Commission.they are here. They do not really address whether the City is in the liquor business or not. Basically they have to address the �and use and if it i.s appropriate to rezone into a new land use. Presently it is z�ned as heavy industrial and they are considering rezoning it to C-2. Data suggests that•there is going to be some increase in traffic but dependa.ng upon what direation the main traffic flow wiil go (towards the north), it should not be a problem. He is concerned about the general location of the parks to the iiquor store. Iie does not know that having a liquor store will increase or decrease the problems, but he does know that there have not been any problems at the current location and its neighborhood.. He does not necessary feel that this location will be any different. He would have to say that based on whether this is an appropriate rezoning or not, he feels it is justifiable to rezone the property. Ms. Modig stated the arguments against the rezoning are valid, but the fact is the land will not be used for heavy industrial. She is somewhat concerned about the traffic and feels there are some problems which will need to be addressed. The present liquor store is in a neighborhood that has churches, businesses and residential areas. She would be in favor of rezoning the property. � Mr. Kondrick stated the only thing that is of a concern to him is the bike trail. He feels the residents have a valid point about 17.43 PLANNING COMMISSION MEETING, APRIL 19, 1995 PAGE 20 that and getting kids and adults off the streets and having access to the east side of the street down to the Columbia Arena parking lot. He feels any facility that is put there will - generate traffic. He does not feel it will remain heavy industrial. The people who own the property will do all that they can to try to encourage that something be built on the property. Some of the other possibilities for the site could generate more traffic that the liquor store. He feels if it is done right and in a sharp way, it could be an asset to the City of Fridley. Being Chairman of the Park & Recreation Commission, he is concerned about the parks that are adjacent, thus his concern about the bike trail. However he does not think that the liquor store will cause more bottles in Locke Park or Columbia Arena. He feels a class liquor store with good landscaping and proper lighting would be an asset to the community and he is in favor of rezoning the property to C-2. Mr. Oquist asked if this was a request to rezone C-2 or was it a request to build a liquor store. Planning Commission approved the rezoning wi�hout the liquor store on that site? the property What if the the approval to of Ms. McPherson stated this is possible that the City Council could approve the rezoning of the property to be consistent with the comprehensive plan as it was approved in 1990. They could also decide not to bring a liquor store in and reZocate somewhere else. Th� request is consistent with other rezoning requests in which the City typica�ly requires a proposal before it will consider a rezoning so they are treating themselves like they would treat any other developer. Mr. Oquist stated he is a little surprised that the City did not anticipate the opposition. He thinks the City would have been better served had they taken a little time and met with the people in the area and tried to explain what the situation was. He feels the City should have tried to work with the neighborhood and attempt a compromise if possible. Mr. Oquist stated he believes the property does need to be rezoned to C-2. He does not know if putting a liquor store on the property is the right thing for it, but he feels it either needs to be rezoned to C-2 or make a park out of it. It has been there for so long, and there have been many proposals made. It is time to do something. He does not know if it is the right place for a park to be. Mr. Oquist stated he is in favor of the rezoning. He feels the package that has been put together is a decent package. He does not see it causing a lot of problems for the parks and ball 17.44 PLANNING COMMISSION MEETING APRIL 19 1995 PAGE 21 fields. People will get their alcohol regardless of where it is located. Mr. Saba stated he has mixed feelings about the rezoning. Morally, he agrees with a lot of the comments made however, if the City of Fridley got out of the liquor business, it could not prevent someone from coming in and selling alcohol. Mr. Saba stated he has traveled Mississippi Street often and has not noticed any problems on Friday or Saturday evenings from the operation of the liquor store there. Mr. Saba stated he also bikes the trails that were mentioned by area residents. He does feel that 90 trips to and from the store can be managed. He would like to think that the City would consult with the public safety people on the location of a liquor store there in terms of the proximity to the park, the billiards hall and the other areas that the City has ind�cated as "problem areas". He has hopes that these discussions will take place prior to the City Council meeting. Mr. Saba stated he would have to concur with fellow commissioners and approve the rezbning rec�est. Mr. Newman stated he also agrees with�the r-est of the � . commissioners. He feels the residents should have a say about neighboring issues and there is the opportunity for the City to respond to the concerns raised by residents in regard to lighting, sEtback, traffic, and the bik� path. MOTION by Mr. Oquist, seconded by Ms. Modig, to recommend � approval to the City Council of Rezoning Request, ZOA #95-02, provided that the project complies with all requirements of the C-2, General Business District. IIPON A VOICE VOTE, AI.L MEMBERS VOTING AYE, CHAIRPERSON NSWMAN DECLARED THE MOTION CARRIED ONANIMOIISLY. This request will go before the City Council on May 22, 19 2. PUBLIC HEARING- CONSID �95-03, BY RMS COMPANY- To rezone from M-1, Light Industrial to C-2 � neral Business, on that part of the Northwest Quarter of th orthwest Quarter of Section 12, Township 30, Range 24, An a County, Minnesota, described as follows: Couunencing o the North line of the Northwest Quarter of said Sectio 12, at a point 34 rods east of the Northwest corner of said 3Section 12, Township 30, Range 24, thence East on the section ne 10 rods; thence South and parallel with West line �id Section 16 rods; thence West 17.45 City of Fridley .�I I�;.�I��I'�.�� \ II�t �.�I TO: William W. Burns, City Manager � � � FROM: John G. Flora, Public Works Director DATE: September 27, 1996 SUBJECT: Osbome Rd. - Joint Powers Agreement PW96-187 We have received a Joint Powers Agreement from the Anoka Cotulty Highway Department for the improvement of Osbome Road between Central Ave. and the city limits. The Joint Powers i4greement identifies the cost of the project at $S 17,400. The City costs include the concxete curb and gutter, sidewalk, bicycle path, sewer and water valve adjustments, plus a percentage for engineering on the project. The estimated cost to the City is $104,077.17. A public hearing on this improvement was conducted at the September 16 meeting. A request for off system funding for the project has been made to the state aid office. As this improvement will facilitate safer traffic movements in the city, extend our bikeway and walkway systems, and will enhance our overall storm water system, I recommend the City Council authorize the Mayor and City Manager to execute the Joint Powers Agreement #9600515. JGF/jv 18.01 ALONZO J. FERNANDEZ Contracts Administration Direct # (612) 754-3520 Voice Mail# (612) 323-5766 Fax # (612) 754-3532 September 5, 1996 CITY OF FRIDLEY Fridiey Municipal Center 6431 University Avenue N.E. Fridfey, MN 55432 COUNTY t�F ANOKA DIVISION OF PUBLIC SERVICES Accounting & Contracts Administration HIGHWAY DEPARTMENT 1440 Bunker Lake 81vd. NW • Andover, Minnesota 553Q4 • GIS • Solid Waste - • Highway • Surveyor • Parks • Transit Atten#ian: Mr. John G. Flora, Director of Public Works Subject: Execution of Joint Powers Agreement No. 960515 for cost sharing of the reconstruction of County Road No. 108 and construc#ior� of a sew�r system in the City of Fridley. Reference: (a) Anoka County Project 91-08-108 (b) Advance Facsimile Copy of JPA No. 960515 to John Flara/City of Fridley on August 7, 1996 a.m. for review and comments. (c) Anoka County Letter from D. Fischer dated August 14, 1996 w/revised J PA. Enclosure; Anoka County Join# Powers Agreemeni No. 960615 for Execution by The City af Fridtey (3 Originats). Dear Mr. Flora, Pursuant to References (a) -(c), the Enclosure joint powers agreement is provided for your review and execution by the City. This agreement addresses #he reconstruction of Counfiy Road No. 108 between County State Aid Highway No. 35 (Old Central Avenue) and east county line. It is requested that the appropriate officials of the City of Fridley execute and retum a11 three (3) originals at the earliest convenience. A fuliy executed agreement wilf be returned to you upon final execution by the County. 18.02 {f you have any questions regarding #he terms of the agreement or issues relative to this matter, please do not hesitate to contact the undersigned for assistance. Respectfully, � ----------' Alonzo J. Fernandez Contracts Administrator AJF/af/fndley.330 Copy Routed to: Jon G. Olson, PE, Anoka County Engineer Douglas W. Fischer, P.E., Assistant County Engineer Fred Edstrom, Public Services Supenrisor Jane Pemble, Traffic Engineer Mark Daly, P.E., Construction Engineer ,Project 91-08-108, JPA Agreement No. 960615, w/City of Fridley File Affirmative Action / Equal Opportunity Employer 18.03 Anoka County Cootract No. 960515 JOINT POWERS AGREEMENT FOR THE RECONSTRUCTIOIV OF COUNTY ROAD 1Y0. 108 BETWEEN COUNTY STATE AID HIGHWAY NO. 35 (OLD CENTRAL AVENUE) AND THE EAST COUNTY LINE � Project No. 91-08-108 THIS AGREEMENT is made and entered in[o this day of 1996 , by and between the County of Anoka, a political subdivision of the State of Minnesota, 2100 Third Avenue, Anoka, Minnesota 55303, hereinafter referred to as ihe "County," and the City of Fridtey, 6431 University Avenue Northeast, Fridley, Minnesota 55432, hereinafter referred to as the "City." WITNESSETH: WHEREAS, the parties to this Agreement desire to reconstruct a portion of Couttty Road I�To. 108 (hereinafter CR 108) from County State Aid Highway No. 35 (Old Central Avenue) (hereinafter CSAH 35) to the east county line, as well as improve drainage along CR 108; and WHEREAS, said parties are mutually agreed that the recon�truction of CR 108 and construction of a storm sewer system shoald be done as soon as possib(e; and � WHEREf;S, the County Highway Departinent has prepared plans and specifications for reconstruction of CR 108, which plans and speci�cati�ns are dated and which are on file in the office of the County Engineer•, and WHEREAS, the parties agree that it is in their best interest that Ihe cost of said project be shared; and WHEREAS, Minn. Stat. § 471.59 authorizes political subdivisions of the state to enter into joint powers agreements for the joint exercise of powers common to each. NOVV, THEREFORE, it is mutually stipulated and agreed as fol(ows: PURPOSE: The parties have joined together for the purpose of reconstructing ihe roadway, drainage, sidewalk, and bikeway, as well as other utilities on a portion of CR 108 as described ia the plans and specifica[ions (Project 91-08-108) on file in the office of the County Highway Department and incorporated herein by reference. 18.04 II. METHOD: The County shali provide all engineering services and shall cause the construction of Project 91-08-108 in conformance with said plans and specifications. The calling for ali bids and the acceptance of all bid proposals shall be done by the County. III. COS'I'S: A. The contract costs of the work, or if the work is not contracted the cost of all labor, materials, normal engineering costs, and equipment rental required to complete the work, shall constitute the actual "construction costs" and shali be so referred to herein. "Estimated costs" are good faith projections of the costs which will be incnned for this project. Actual costs may vary and ihose will be [he costs for which the City will be responsible. B. The estimated construction cost of the total project is Five Hundred Seventeen Thousand Three Hundred Ninety-Nine Doltars and 70/100s ($517,399.70). Participation in the constructian costs is as follows: 1. The City will pay to ihe County 50% of the cast of �oncrete curb and gutter (less medians). The es[imated totat cost of curb aQd gutter inctuding medians is $52,096.50, of ��vhich the City'� estimated share is $18,R61.50. 2. Tf�e City will pay for 100% of the cost of new sidewalk instailed on the project in the City of Fridley. The est:mate� cosi to the City is $32,063.00. 3. 'I'he City w�ill pay 100% of the hydrant relocation, gate box adjustment, water, and sewer construction. The estimated cost to the City is $15,525.00. The City shall furnish and deliver to the construction site replacement hydrants for any hydrant which is being relocated as a part of this project which they want replaced_ 4. The City will pay for the non-eligible portion plus the non-participation portion of the storm sewer construction. The non-eligible cost will be determined by the state hydraulics letter estimated at 10% of the cost of the storm sewer. The esiimated cost of the storm sewer is $117,252.50, of which the estimated cost to the City is $11,725_25. 5. The City has requested that no driveway upgrades be made on this projc;ct. Therefore, Ihcre will be no cost to the City for this work_ -2- 18.05 6. The Cily will pay 100% of thc cost of the new bituminous bikeway in the City of Fridley. The City's estimated cost for the bikeway is $12,238.00. 7. The City will pay 100% of the cost of stone retaining watl required due to ihe City's request for a sidewalk. The City's estimated cost for the stone retaining wall is $5,955.00. C. The totai estimated construction cost to the City for the project is Ninety-Six Thousand Three Hundred Sixty-Seven Dollars and 75/100s ($96,367.75) as shown on the attached Exhibits A and B. The City's participaiion in engineering will be at a rate of 8% of their designaied share. The estimated cost to the Cily for engineering is $7,709.42. Therefore, the grand total estimated cost to the City for the project is One Hundred Four Thousand Seventy-Seven Dollars and 17/100s ($104,077.17). D. Upon award of the contract, the City shall pay to the County, upon written demand by the County, 95% of its portion of the cost of the project, estimated at $108,899.38. 1fie City's share of the cost of ihe project shall include oniy construction and engineering expenses and does aot include administrative expenses incurred by the County. E. Upon final completion of the project, the City's share of the construction cos[ will be based upon actual construction costs. If necessary, adjustments to the initial 95% charged will be made in the form of credit or additional charges to the Cit_y's share. Also, the remaining 5% of the City's portion of tbe construction cost shall be paid. IV. 'TERM: This Agreement shall continue until (1) terminatad as pr�vided hereinafter, or {2) until the constn;ctian provided for herein is completed and paymerit provided for herein is made, whichever occurs first. V. DISBURSEMENT OF FUNDS: All funds disbursed by the County or City pursuant to this Agreement shall be disbursed by each entity pursuant to [he method provided by law. VI. CONTRAC'I'S AND PURCHASES: Afl contracts lei and purchases made pursuant to this Agreement shall bc made hy the City in conformance to state laws. -3- 18.06 VII. STRICT ACCOUNTABILITY: A strict accounting shall be made of all funds and report of all receipts and disbursements shall be made upon requesi by either party. VIII. TERMINATION: � This Agreement may be terminated by either paRy al any time, with or without cause, upon not less than thirty (30) days wriiten notice delivered by mail or in person to the other party. If notice is delivered by mail, it shall be deemed to be received two (2) days after mailing. Such termination shall not be effective with respect to any solicitation of bids or any purchases of services or goods which occurred prior to such notice of termination. The Couniy shall pay its pro-rata share of costs which the City incurred prior to such notice of termination. IX. AFFIRMATIVB ACTION: In acoordance with the Couaty's Affirmative Action Policy and the County Commissipners' policies against discrimination, no person shal3 illegally be excluded from full-time employment rights in, be denied tne bene�ts of, or be otherwise subjected to discrimination in the program which is the subject of this Agreement on the basis of race, creed, : olor, sex, sexual orientation, m�rital status, public assistance status, age, disability or nationat origin. X• MAINTENAI�TCE Maintenance of the comp(eted watermain, sanitary sewer, storm sewer system (except catch basins and catch basin leads), bikeway, and sidewalk shall be the sole obligation of the City. XI. NOTICE: For purpose of delivery of any notices hereunder, the notice shall be effective if delivered to the County Administrator of Anoka County, 2100 Third Avenue, Anoka, Minnesota 55303, on behalf of the County, and the City Manager of Fridley, 6431 University Avenue Northeast, Fridley, Minnesota 55432, on behalf of the City. �� 18.07 Xlt. INDEMNIFICATION: The City and the Couniy mutually agree to indemnify aad hold harmless each other Gom any claims, losses, costs, expenses or damages resulting from the acts or omissions of the respective officers, agents or employees relating to activity conducted by either party under this Agrecment. XfII_ ENTIRE AGREEMENT/REQUIREMENT OF A WRITING: It is understood and agreed that the entire agreement of the par[ies is contained herein and that this Agreement supersedes ap orat agreements and a11 negotiations between the parties relating to the subject matter thereof, as wel( as any previous agreement presently in effect between the parties relating to the subject maiter thereof. Any alterations, variations or modifications of the provisions of this Agreement shall be vaiid only when they have been reduced to writing and duly signed by the parties herein. -5- . . . 1 . IN WITNESS WHEREOF, lhe parlies of this Agreemeni havc hereunto set lheir hands on the dates written below. COUNTY OF ANOKA By: Dan Erhart, Chairman County Board of Commissioners Dated: ATTEST By: John "Jay" McLinden County Administraior Dated: RECONdMENDED FOR APPROVAL By: Jon G. Olson County Engin�er Dated: AYPROVED AS TO FORM By: Dan Klint Assistant County Attorney Dated: dk\coniract\I996�frdcr 108. jpa Ci1'Y OF FRIDLEY By: Wi 11 i am J. P1ee Its: Mayo r Dated: sy: William �J. Burns Its: City Manager Dated: sy: _ Its: Dated: BY= Its: Dated: -fi- 18.09 EXHIBIT�_ COST SHARING AGREEMENT FOR PROJECTS CONSTRUCTED ANOKA COUNTY USING COUNTY STATE AID FUNDS OR LOCAL TAX LEVY DOLLARS Item Bikeways Concrete Curby & Gutter Concrete Sidewalk Concrete Sidewalk Replacement Concrete Curb & Gutter for Median Construction Concrete Median Construction or Adjustment of Local Utilities Grading, Base & Bituminous Storm Sewer Driveway Upgrades Traffic Signals {communities larger than 5,000) Traffic Signal (communitizs less tnan 5,000) Engineering Services Right-of-Way Street Lights Covnty Share 0 50% 0 100% 100% 1D0% 0 100% Based on State Aid Letter*2 �*6 %z of the cost of its legs of the intersection 100% *4 100% 0 City Share 100% 50% 100% 0 0 4*� 100% 0 Based on State Aid Letter*2 100% the cost of its leg of the intersection plus �z the cost of the County legs of the intersection Q*3 *4 0*5 100% * 1 The County pays for 100% of a Standard Median Design such as plain concrete. If a community requests dec;orative median such as red brick, stamped concrete, or exposed aggregate concrete the Ciry will pay the additional cost above the cost of standard median. *2 In the event no State Aid is being used, drainage cost shares will be computed by proportions of total area to County area where the area of the road right-of-way is doubled prior to performance of the calculations. *3 In communities less than 5,000 people the County pays for 100% of the cost of the traffic signal effective March 1986. The Counry collects on behalf of the cities (less than 5,000) "Municipal State Aid Dollars" since they do not themsetves qualify for state aid funds. These funds are used to pay the City Share. *4 Engineering shall be paid by the Lead Agency except that any participating agency will pay construction engineering in the amount of 8% of the construction costs paid by that agency. *S In the event,that the City requests purchase of right-of-way in excess fo those right-of-ways required by County construction, the City participates to the extent an agreement can be reached in ihese properties. For instance, a City may request a sidewalk be constructed alongside a County roadti�ay which would require additional right-of-way, in which case the City may pay for that portion of the right-of-way. Acquisition of right-of-way for new aiignments shall be the responsibiiiiy of the Ciry requesting the aIignment. In addition, any costs incurred by the County because the participating City did not acquire sufficient right-of-way shall be paid by the City. "6 The County will replace all driveways in-kind. Upgrades in surfacing (i.e., gravel to bituminous, bituminous to concrete) shali be at 100% expense to the City.18�•�0 b:jjpaexhib.Crm � i= ..�.� � - ��e �6s ;_ i� 1 � 1 A �` � ---- --------- ------- '---+------------' -�---� ----- --i e o 0 o e� e° e o e e e� o o a o°� e o e o e o e o e o e e e e�.� � e� e� v° eio o�� N °°�°°o�m_�NO�o�_�oo_�ovo^=� o-�°'w�e�_-=� _�� I . _ . . � � � ~ � � _ ~' � � � � �'° -- � ' � - o- -- � - --e {�'�� - �----- �---� ----�i----- i - ---I --�--�--i �°o °a °os°o °o °Qie° °o °t° �°°i= = eie e e e°o o(° e o= e e�e °e °o o° °o o�° e e•o e e�� e o° oie o°e� v �"I`.°�r',°.°.��i.°..�°.°�°°°_��.°..°_±�°.°..�...°°...�.r,,....�°.....��.�.�w--�.e �om-� -e � ir � . 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S , e - �—� -- d :. �_ r - ��- -------- - ; � � , � � I { i ; i � _ � , ,_ - -� '==--, � i � � � � . i e°o° °e°vo� � : � o - - -- -----� - i i , --L ---�-- --i ' � f ' . o. o ^«��e. b. + eo ( �e ~� ,.� - � ':� i � , . - : ! ; . j :- �--- � - ' -- --�-- -- � � � ; � W o e � e o�_ '° �_� ; �, ' � ; � _ � � i _ � i I, i � ; _ W ° . I + i 'J �. .�i _ � , .� � ' ' u o � ' -, -N�N e ��..-0j-e ° e �' _� W; 6 _ J� � o � � �' r � _ - e _ °jV «�...��'1 �'� =� _ '��° � _ �i v __ ^� N ° �; � N ^ ! =_-a ��Iv =0�'°�1e-- ' _ � ' , " �°_ ----o°e��-�e-e � �i: ;� a ' ;e � e� o � � ;_ �;� � -�- M �;- � �� : �� _ ; � _ � � � � �;� _ a __ ��,�m, e .��: =;� � _- ' _; i�= _- aw . �- ° °�" ._ ._ ;�_. (' _' °�; 01= __ � � i_= - . ' .� • , ^' ° =�^�;� _ �� =�^ ri ; ; �P =alz�v;e--' _ � N� � . � � ; __`� _�i_eo�_ �__oe °; � v� _ ' a � _ ; o i �j °'° e � _ m;e ° _ — ^+ _a ele _ � ; � . ! I =i ~" — �=i= i i = m1� � ! � _ � _ � i � � -( ° ; � �' ° 1 `� �, '= - i ; ' _' W;.� _ � °-�< � � a � �{° ' _ V ��_ �o � I � � o�t o - ; - o � _ �,� i ; . ; � � � ��° ° + ° � - � _ ' � �ia :` � � � �i� i I u�N M; ! � � � � ! j 1 ' � � � � � �I � j i ; � � � _ ? �I . I ' I � � � ' ; � I =i ^ m -j m i 'i i � � ' � � • � =: - 1 { ! , � � _ � 1 � ' . i - ° != s � . ' ' � � 1 . � � � � � : _,_ _ _ ; � ! i - -oo�,� �lo � . 1 � � ; _ . aaoo:�e_�_��e ' � � � � , � " e � �'r � � ��' i ' ' ! ---- ---------^-- 18.y2 . � � Ct►YOF FRI DLEY MEMORANDUM Municipal Ce�ter 6431 University Avenue Northeast Fridley, Minnesota 55432 �s � 2� s�2-sso� FAX: (612) 571-1287 Memo to : Wi l l i am W, Burns , Ci ty Manager fi �� From: Subject: Date: Willi<itn C_ Hunt Ass�si:�nt to the City Managcr William C. Hunt, Assistant to the City Manager✓��L�%�� Site Lease Agreement with American Portable Tel.ecom (APT) September 26, 1996 I am enclosing the site lease agreement which city staff has negotiated with American Portable Telecom (APT). We have used the model site lease agreement developed by the League of Minnesota Cities {LMC) as a basis. The, agreement is also available in legislative form which makes it•clear where we have added to or subtracted from the LMC model document. The lease agreement allows APT to place three sets of three antennas for digital personal communications systems on the water tower at 6960 N.E. Highway 65. The top of each antenna array will be located on the water tower support structure 105 feet above the ground. A fifteen foot by twenty foot equipment area will be located inside the water tower support structure at ground level. John F3:ora and I worked together on the negotiati�ns. We consulted with Attorney James Strommen, Stan Peskar from the LMC, several people from the LMC Insurance Trust, and City Attorney Frederic Knaak. We were close to an agreement in early August when APT attorneys raised a number of issues which were eventually resolved in communications with the City Attorney. l. Estoppel Language The APT attorneys added broad estoppel language to Section 26. Miscellaneous. Mr. Knaak worked out more narrow language which is now incorporated into Section 16. Assignment. 2. Waiver of Subrogation After much discussion we agreed to APT's language which has been added to Section 10. � Memorandum to William W. Burns Site Lease Agreement with American Portable Telecom (,a,PT) September 26, 1996 Page Two 3. �3rbitration as Sole Remedy " APT finally agreed to the LMC language in Section 18 regarding disputes to be resolved by mediation and arbitration rather than by lawsuits in court. We have agreed on an annual rent� of $12,000.00 which will go up each year by three percent (3.0�) or the rise in the consumer price index - whichever is higher. The initial lease lasts until December 31, 2001. After that APT has the option of three five year renewals. � - I request that you present this site lease agreement to the Fridley City Council for consideration at their meeting of September 30, 1996. c: John G. Flora, Director of Public Works/.City Engineer Richard D. Pribyl, Director of Finance/City Treasurer Barbara J. Dacy, Director of Community Development Frederic W. Knaak, City Attorney 5ITE LEASE AGREEMENT between The City of Fridley and APT Minneapolis, Inc. , 1996 19.03 l. 2. 3. 4. 5_ 6. 7. 8. 9. 10. 11. 12. 13. 14_ 15. � TA$LE OF CONTENTS Leased Premises Rent (a) Amount, Adjustments (b) Time of Payment, Taxes Governmental Approval Contin encY (a) Tenant Application (b) Interference Stud (c) Non-approval Term and Renewals Tenant's Use (aj User Priority {b) Purposes (cj Construction (d) Operation (e) Maintenance, Improvement Expenses (f) Replacements {g) Drawings (h) No Interference {i) Access (j) Payment of Utilities Eme=gency Faciliti�s Additional Nainienance E nses Additional Buildin s Defense and Indemr�ification . , (a) General ' (b) Hazaraous Materials • (c) Tenant's Warranty Insurance (a) Workers' Compensation (b) G�neral i,iabi.lity (c) Tenant Property Insurance. - (d) Hazardous Materials Covera e (e) Adjustment to Insurance Covera e Limits (f) Additional Insured Certificate of Insurance Damage or Destruction Lease Termination (a) Events of Termination (b) Notice of Termination (c) Tenant`s Liability for Earl Termination (d) Site Restoration Limi.tation of Landlord's Liability Temporary Interruptions of Service Tenant Interference {a) With Structure (b) With Higher Priority Users (c) Interference Stud - New Occupants (d) Interference - New Occu ants Assignment (a) Affiliates and Subsidiaries (b) Landlord to Supply Information 19}.04 PAGE 1 1 1 1 2 2 2 2 2 3 3 3 3 4 4 4 4 4 4 5 5 5 5 5 ' 5 5 6 6 6 .� 7 7 7 .7 � 7 7 7 8 8 8 9 9 9 9 10 10 10 10 10 11 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. Condemnation Disputes Enforcement and Attorneys' Fees Notices Au thori ty Binding Effect Complete Lease; Amendments Governing Law Severability Miscellaneous Exhibit A, Legal Description of Tenants's Pro erty Exhibit B, Site Drawings Exhibit C, Conditions Precedent 1$.'05 PAGE 11 11 11 12 12 12 12 12 12 12 14 15 16 SITE LEASE AGREEN�NT THIS SITE LEASE AGREEMENT ("Lease"), made this day of , 199 between City of Fridley("Landlord"), and APT Minneapolis -Inc. a corporation orqanized and existing t�nder the laws of Delaware ("Tenant"). For good and valuable consideration, the parties agree as follows: 1. Leased Premises. Subject to the terms and conditions of this Lease, commencing November 1, 1996 ("Effective Date") Landlord hereby leases tc Tenant and Tenant leases from Landlord a portion of Laridlord's property, (300 sq. ft., generally 15' x 20' for radio equipment on the ground plus nine antennae located three each at 120 degree intervals on the water tower support structure (pedestal) located at 6960 N.E. Highway 65 in the City of Fridley, County of Anoka, State of Minnesota, legally described in Exhibit A attached hereto, subject to any and all existing easements. Landlord also leases to Tenant a portion of the v�ater Tower ("Tower") located on the property as more particularly described in Exhzbit B("Site Plan") attached hereto and including �he actual location , on the Tpwer at which directional antennas, connecting cables and appurteriances.��aill be attached and located, the• exact location of eacn to be reasonably approved by Landlord's Director of Public Works, together with appurtenant easemenLS and access rights {"I,eased Premises"). 2. Rent. (a) Amount, Adjustrr�ents. As consideration fo-r this Lease, Tenant'shall pay Zandlord an annual rent in the amount of $12,000.00 for the initial year, which shall be increased each year on January l, by the greater of: {a) three percent (3$) of the previous year's annualized rental, or (b) by an amount equal to the increase in the Consumer Price Index ("CPI"). The CPI shall mean the "Consumer Price Index - for Al1 Urban Consumers, All Cities, All Items (1984 = 100)" as published by the United States Department of Labor Statistics, or if such index shall be discontinued, the successor index, or if there shall be no successor index, such comparable index as mutually agreed upon by the parties. To determine �he annual rental increase to be paid by Tenani under a CPI adjuster, the annualized rental for the previous year shall be multiplied by a percentage figure, computed from a fraction, ,the numerator of which shall be the CPI for the third quarter of the preceding year and the denominator of which shall be the CPI for the corresponding quarter of one year earlier. Such fraction shall be converted to a percent age equivalent. The resulting percentage fixture shall be multiplied by the previous year's rent (annualized for the first year, see Section 4 below). (b) Time of Payment, Taxes. Landlord shall communicate all rental increases to the Tenant in writing by the preceding December 1 of each year_ The annual rental shall be paid before January 1 of 1 �.�6 each year_ For the first year, the rental shall be pro rated through December 31 and shall be paid to the Landlord in full on or before the Effective Date. If the Tenant does not meet the requirements referenced in Subsection 3(a) below by February 1, 1997, and Tenant has diligently pursued such requirements, Landlord shall refund the Tenant rental payment made at the time of Lease execution and this Lease shall terminate. In addition to the annual rental,_. Tenant agrees to timely pay its pro rata share of any taxes or payment in lieu of taxes required as a result of this Lease. 3. Governmental Approval Contingency (a> Tenant Application. Tenant's right to use the Leased Premises is expressly made contingent upon its obtaining all the certificates, permits, zoning and other approvals that may be required by any federal, state, or local authority including but not limited to the Conditions Precedent listed in Exhibit C. This shall include the engineering study specified in Subsection 3(b) below on the Structure to be conducted at Tenant's expense. Landlord shall cooperate with Tenant in its efforts to obtain and retain such approvals and shall take no action which would adversely affect the status of the Leased Premises with respect to the Tenant's proposed use thereof. (b) Ir.terference Stud . Bzfore� obtaining a building permit, TenanL must pay for the reasonable cost of (i) a radio frequency interference study carried out by an independent and qualified professional mutually:agreed to by the Landlord and Tenant showing that Ten�nt's intended use •will not •interfere with any existing communications facilities and (ii) an engineering study showing �that the Structure is able +�o support the Tenant's Facilities, as dafined in Subsection 5(b), without prejudice to the City's use of the Structure. If the study fir.ds that there is a potential fo-r interference that cannot be reasonabl_y remedied or for prejudicz tc ti-ie Structure, �Landlord may terrainate this Lease immediately and refund the initial rental to Tenant. (c) Non-approval. In the event that any'application necessary under Subsection 3(a) above is finally rejected or any certificate, permit, license, or approval issued to Tenant is cancelled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority so that Tenant, in its sole discretion, will be unable to use the Leased Premises for its intended purposes, Tenant shall have the right to terminate this Lease and be reimbursed for the rental payment if made pursuant to Subsection 2(b) above. Notice of Tenant's exercise of its right to terminate shall be given to Landlord in writing by certified mail, return receipt requested, and shall be effective upon receipt of such notice by Landlord as evidenced by the return receipt. Except as required under Subsection 12{d) below, upon such termination, this Lease shall become null and void and the parties shall have no further obligations to each other. 4. Term and Renewals. The "Initial Term" of this lease shall commence on the date in the first paragraph of this I,ease ("Effective Date") and end on December 31 of the year 2001. Subject to the terms and conditions of this Lease, Tenant shall have the right to extend this Lease for three (3) additional five (5) year renewal periods � �.�7 ("Renewal Term") commencing on January 1 following the expiration date of the Initial Term or of any subsequent Renewal Term. This Lease shall be automatically renewed for each successive Renewal Term unless Tenant sends written notice of non-renewal to no later than ninety (90) days prior to the expiration of the Initial Term or any Renewal Term, such notice provided in accordance with Section 20 of this Lease.] �" 5. Tenant's Use (a) User Priority_ Tenant agrees that the following priorities of use, in descending order, shall apply in the event of communication interference or other conflict while this Lease is in effect, and Tenant's use shall be subordinate accordingly: l. Landlord; 2. Public safety agencies which Landlord uses, including but not limited to law enforcement, fire, and public works; 3. Government-regulated entities whose antennas offer a service to the general public for a fee, in a manner similar to a public utility, such as long distance and cellular telephone, not including radio or televisicn broadcasters. Within this •cate_qory _the Tenant with the earlier effective date of a continuous site lease .agreeinent shalT .have priority. '' -(b) Purposes. ' Tenant shall, use the I,eased Premises only ior the purpose of installing, maintaining, and operating a Lan�lord- approved (which approval shall not be unreasonably withheld or delayed) communications antenna facility, equipment, cabinets and an accessory �uilding, and uses incidental thereto for providing �adi.o and wireless telecommunication services which Tenant is legally authorized to provide to the public. This use shall be non- exclusive, and Landlord specifically reserves the right to allow the Leased Premises to be used by other parties and to make additions, deletior.s, or modifications to its own facilities on the Leased Premises. Tenant's communications antenna facility shall consist of antennas at a Landlord-approved location, along with cables and appurtenances connected to an accessory building or cabinet located on the Leased Premises ("Antenna Facilities"). Tenant shall comply with all applicable ordinances, statutes and regulations of local, state and federal government agencies. (c) Construction. Tenant may erect and operate an antenna array in accordance with its submitted application attached as Exhibit B. If Tenant seeks to increase the number of antennas, it must first pay for an evaluation carried out by a qualified professional, mutually agreed to by Landlord and Tenant, demonstrating that (i) each additional antenna will not interfere with existing antennas or with proposed antennas with a higher priority and that (ii) any Structure can structurally support the additional antennas. The cost of such antenna evaluation must be paid by the Tenant. Landlord must consent to installation of additional antennas, such consent wi11 not be unreasonably withheld � 1: or delayed. If Landlord consents, the parties will negotiate the amount of additional rental for the antennas. (d) Operation. Tenant shall have the right, at its sole cost and expense, to operate and maintain the Antenna Facilitiies on the Leased Premises in accordance with all applicable FCC rules and regulations. Tenant's installation of all Antenna Facilities shall be done according to plans approved by Landlord, which approval shall not be unreasonably withheld or delayed. Any damage done by Tenant, its employees or agents to the Leased Premises or other Landlord property including the Structure during installation or during operations, shall be repaired at Tenant's expense within 30 days after notification of damage. The Antenna Facilities shall remain the exclusive property of the Tenant, unless otherwise provided in this Lease. (e) Maintenance, Improvement Expenses. All modifications to the Leased Premises and all improvements made for Tenant's benefit shall be at the Tenant's expense and such improvements, including antenna, facilities and equipment, shall be maintained in a good state of repair, at least equal to rhe standard of rnaintenance of the Landlord's facilities on or adjacent to the Leased Premises, and secured by Tenant. If Tenant's Antenna Facilities are mounted on the Structure they shall, a� all t?rnes, be painted, at Tenant's .expense, the same color as the Structure. . (f; : R.eplacements. Before the Tenant may update or replace the Antenna Facilities, Tenant must n6tify and provide a detailed pr�posal to .Landlord. Tenant shall submit to Landlord a detai.led proposal for any such replacement facilities and any other information reasonably requested by Landlord of such requested update or replacernent, including but not limited to a technical study, carried. out at Tenant's expense. Landl_ord may not unreasonably withhold or delay approval. (g) Drawings. Tenant shall provide Landlord with as-built drawings o� the equipment and improvements installed on the Leased Premises or equivalent documents acceptable to Landlord, which_show the actual location of all Antenna Facilities. Said drawings shall be accompanied by a complete and detailed inventory of all equipment, personal property, and Antenna Facilities actually placed on the Leased Premises. (h) No Interference. Tenant shall, at its own e�pense, maintain any equipment on or attached to the Leased Premises in a safe condition, in good repair and in a manner reasonably suitable to Landlord so as not to conflict with the use of the surrounding premises by Landlord. Tenant shall not unreasonably interfere with the operations of any prior tenant using the Structure and shall not interfere with the working use of the water storage facilities th2reon or to be placed thereon by Landlord. (i) Access. Tenant, at all times during this Lease, shal� have access to the Leased Premises in order to install, operate, and maintain its Antenna Facilities. Tenant shall obtain the key for access to the site and interior of the water tower from the city police department during normal working hours of the Landlord. For 4 19.09 security reasons, the Tenant will be required to sign for and note the time of pickup and return of the key. In the event it is necessary for Tenant to have access to the interior of the water tower at some time other than the normal working hours of Landlord, Landlord may charge Tenant for whatever expense, including employees' wages, that Landlord may incur in providing such access to Tenant. (j) Payment of Utilities. Tenant shall separately meter charges for the consumption of electricity and other utilities associated with its use of the Leased Premises and shall promptly pay all costs associated therewith. 6. Emergency Facilities. In the event of a natural or man made disaster, in order to protect the health, welfare, and safety of the community, Tenant may erect additional Antenna Facilities and install additional equipment on a temporary basis on the Leased Premises to assure continuation of service. Such temporary operation shall not exceed 90 days unless Tenant obtains written approval from the Landlord. 7. Additional Maintenance Expenses. Upon notice from Landlord, Tenant shall promptly pay to Landlord all reasonable additional Landlord exper.ses incurred in maintaining the Leased Premises, including painting or other maintenance of the Leased Premises that are directly caused by Tenant's occupancy of the Leased Premises. 8. Additional Buildings. T.enant acknowledges that Landlord may permit additional buil�dings to be constructed _on the property described in Exhibit A. At such time as this may occuz, Tenant will permit said buildings to be placed �mmediately adjacent to Tenant's building and will allow "attachments" to its building so as to give the appearance that a�l bui�dings are a connected facility. Said attachments will be made at no cost to Tenant; caill not compromise the structural integrity of Tenant's building; and will not unreasonably interfere with the operation and maintenance of Tenant's Antenra Facility. 9. Defense and Indemnification (a) General_ Tenant and Landlord each indemnify the other and agree to defend, indemnify and hold harmless their respective elected officials, officers, employees, agents, and representatives, from and against any and all claims, costs, losses, expenses, demands, actions, or causes of action, including reasonable attorneys' fees and other costs and expenses of litigation arising out of the use and occupancy of Leased Premises which may be asserted against or incurred by either party or for which either party may be liable in the performance of this Lease, except those which arise solely from the negligence, willful misconduct, or other fault of either party_ Tenant shall defend all claims arising out of the installation, op�ration, use, maintenance, repair, removal, or presence of Tenant's Antenna Facilities, equipment and related facilities on the Leased Premises. (b) Hazardous Materials. Without limiting the scope of Subparagraph 10(a) above, Tenant will be solely responsible for and 19.10 will defend, indemnify, and hold Landlord, its agents, and employees harmless from and against any and all claims, costs, and liabilities, including attorney's fees and costs, arising out of or in connection with the cleanup or restoration of the Leased Premises associated with the Tenant's use of Hazardous Materials_ For purposes of this Lease, "Hazardous Materials" shall be interpreted broadly and specifically includes, without limitation, asbestos, fuel, batteries or any hazardous substance, waste, or materials as defined in any �ederal, state, or local environmental or safety law or regulations including, but not limited to, CERCLA. Landlord represents that Landlord has no knowledge of any substance, chemical, or waste on the Landlord's property that is identified as hazardous, toxic, or dangerous in any applicable federal, state, or local law or regulation. (c) Tenant's Warranty. Tenant represents and warrants that, other than with respect to use of storage batteries or other hazardous materials used in the ordinary course of Tenant's business in accordance with all applicable laws and regulations, its use of the Leased Premises wili not generate and Tenant will not store or dispose of on the Leased Premises, nor transport to or over the Leased Premises, any Hazardous Materials, unless Tenant specifical�y informs Landlord thereof in writing twenty-four hours prior to such storage, disposal or transport, or otherwise as soon as Tenant becomes aware of the existence of Hazardous Materials.on the Leased Premises. The obligations of this Section 9 shall survive the expiration or othe-r termination ot this,Le�se. ' � �• 10 . Irisurance . (a) Workers' Compensation. Tne Tenant must maintain Workers' Compensation insurance in compliance with all applicable statutes. The Foli_cy sha11 also provide Employer's Liability coverage with limits of not less than $500,000 Bodily� Injury each accident, ,�.'SCJ,000 Bodily Injury by disease, policy limit, and $SOO,D00 BodYly Injury by disease, each employee. (b) General Liability. The Tenant must maintain an oc'currence form comprehensive general liability coverage. Such coverage shall include, but not be limited to, bodily injury, property damage -- broad form, and personal injury, for the hazards of Premises/Operation, broad form contractual, independent contractors, and products/completed operations_ The Tenant must maintain aforementioned comprehensive general liability coverage with limits of liability not less than $1,000,000 each occurrence; $1,000,000 personal and advertising injury; $1,000,000 general aggregate, and $1,000,000 products and completed operations aggregate_ These limits may be satisfied by the comprehensive general liability coverage or in combination with an umbrella or excess liability policy, provided coverage afforded by the umbrella or excess policy are no less than the underlying comprehensive general liability coverage. Tenant will maintain Completed Operations coverage for a minimum of two years after the construction is completed_ 19611 (c) Tenant Property Insurance. The Tenant must keep in force for the duration of the Lease a policy covering damages to its property at the Leased Premises. The amount of coverage shall be sufficient to replace the damaged property, loss of use and comply with any ordinance or law requirements. {d) Hazardous Materials Coverage. Tenant must carry sufficient coverage, to the reasonable satisfaction of Landlord, for damage caused by Hazardous Materials_ (e) Adjustment to Insurance Coverage Limits. The coverage limits set forth herein shall be increased at the time of any Renewal Term by the greater of the Consumer Price Index as calculated under Section 2(a) or ten percent {10$). (f) Additional Insured - Certificate of Insurance. The Tenant shall provide, prior to tenancy, evidence of the required insurance in the form of a Certificate of Insurance issued by a company (rated A+ or better), licensed to do business in the state of Minnesota, which includes all coverage required in this Section 10. Tenant will name the Landlord as an Additional Insured on the General L.iability policy. The Certificate(s) shall also provide that coverage may not be cancelled, non-renewed, or materially changed without thirty (30) days prior writt�en notice to the Landlord. Landlord and Tenant eacn waive any and all rights to zecover against the other, or against the of�icers, directors, shareholders, partners, joint ventures, einployees, agents, customers, invitees or business visitors of such other party, for any� loss cr' damage to such waiving party arising� from any �cau�e cov�red by any property insurance required to be carr.ied pursuant to this section or any othzr property insurance actually carried by�such party. Landlord and Tenant, fram time to time, will cause their respective insurers to issue appropriate waiver of_ subrogation ri�hts endorsements to all property insurance policies carried in connection with the Tower or the Premises or the contents of either. � . 11. Damage or Destruction. If the Leased Premises are destroyed or damaged, so as, in Tenant's judgment, to hinder its effective use of the Antenna Facilities, Tenant may elect to terminate this Lease upon 30 days' written notice to Landlord. In the event Tenant elects to terminate the Lease, Tenant shall be entitled to reimbursement of prepaid rent covering the period subsequent to the date of damage to or destruction oi the Leased Premises. 12. Lease Ter_mination. (a) Events of Termination. Except as otherwise provided herein, this Lease may be terminated by either party upon sixty (60) days written notice to the other party as follows: (i) by either party upon a default of any covenant or term hereof by the other party, which default is not cured within sixty (60) days of receipt of written notice of default to the other party (without, however, limiting any other rights of the parties pursuant to any other provisions hereof); 19'12 (ii) by Tenant for cause if it is unable to obtain or maintain any license, permit or other governmental approval necessary for the construction and/or operation of the Antenna Facilities or Tenant's business; (iii) by Tenant for cause if the Leased Premises are or become unacceptable for technological reasons under the Tenant's Antenna Facilities, design or engineering specifications or the communications systems to which the Antenna Facilities belong; (iv) by Landlord after December 31, 2001, if its Council decides, for any reason, to redevelop the Leased Premises and/or discontinue use of the Structure for all purposes. Tenant will be given no less than twelve (12) months' notice prior to termination under this clause; (v) by Landlord if it determines, based on a report by an independent structural engineer, that the Structure is structurally unsound, including, but not limited to, consideration of age of the Structure, damage or destruction of all or part of the Structure on the Leased Premises from any source, or factors relating to condition of the Leased Prentises; (vi) or by Landlord if it determines that a potential user w.ith a higher priority undEr Subsection 4(a) above cannot fir.d another adequate location (Tenant will be given no less than twelve (12) months' notice prior to termination•under tnis clause.), or the Antenna Facilities unreasonably interfere with" another user with a higher priority, regardless .of .whether or not such an interference was predicted in the initial interf�rence study that was part of the application process; or (�rii> by Landlord if it determines that Ter.ant has failed to comply with ordinances applicable as of the effective date, or state or federal �aw, er any conditions attached to government approvals granted thereunder, after a public hearing before the Landlord's Council. (b) Notice of Termination. The parties shall give notice of termination in wri�ing by certified mail, return receipt requested. Such notice shall be effective upon receipt as evidenced by the return receipt. All rentals paid for the Lease prior to said termination date shall be retained by Landlord. (c) Tenant's Liabilit for Early Termination. If Tenant termina�es this Lease other than for cause or of right as provided in this Lease, Tenant shall pay to Landlord as liquidated damages for early termination, one hundred percent (100�) of the annual rent for the year in which Tenant terminates, unless Tenant terminates during the last year of any Term under Paragraph 3 and Tenant has paid the annual rental for that year. (d) Site Restoration_ In the event that this Lease is terminated or not renewed, Tenant sha31 have 60 days from the termination or e�piration date to remove its Antenna E'acilities, and related equipment from the Leased Premises, repair the site and restore the surface of the Structure_ In the event that Tenant's 8 19.13 Antenna Facilities, and related equipment are not removed to the reasonable satisfaction of the Landlord, they shall be deemed abandoned and become the property of the Landlord and Tenant shall have no further rights thereto_ Tenant has notified the Landlord that the following entities have an interest in the Antenna Facilities and related equipment because of financing arrangements: If Landlord removes the Antenna Facilities or related equipment, Landlord must give written notice to the above entities at the addresses provided, informing them that Antenna Facilities or related property have been removed and will be deemed abandoned if not claimed and the storage fees and other reasonable costs paid within thirty (30) days. 13. Limitation of Landlord's Liability. If Landlord terminates this Lease other than as cf right as provided in this Lease, or L�ndlord causes interruption of the business of Tenant or for any other Landlord breach of this Lease, Landlord's liability for damages to� Tenant shall be limited to the actual and direct costs of equipment removal, relocation or repair ar�d shall specifically exclude any recovery for value of the business of Tenant as a going concern, future expectation of profits, loss of business or profit or related damages to Tenant. . . .• 14.. Temporary Interruptio:is of�Service. If Landlord determines that continued operation of the Antenna Facilities woula cause or contribute to an imr►ediate threat to public health and/or safety {except for any issues associated with human ex�osure to ra�io frequency emissions, �ahich is regulated by the federal government;, Landlord may order Tenant to discontinue its oper�tion. Tenant shali immediately comply with such an order. Service shall�be discontinued only for the period that the immediate �hreat exists. If Landlord does not gi.ve prior notice to Tenant, Landlord shall notify Tenant as soon as possible after its action and give its reason for taking �he action. Landlord shall not be liable to Tenant or any other party for any interruption in Tenant's service or interference with Tenant's operation of its Antenna Facilities, exc2pt as may be caused by the negligence or willful misconduct of the Landlord, its employees or agents_ If the discontinuance extends for a period greater than three (3) days, either consecutively �r cumulatively, Tenant shall have the right to terminate this Lease within its sole discretion for cause and without payment of a termination fee. 15. Tenant Interference (a) With Structure_ Tenant shall not interfere with Landlord's use of the Structure and agrees to cease all such actions which unreasonably and materially interfere with Landlord's use thereof no later than thzee business days after receipt of written notice of the interference from Landlord. In the event that Tenant's cessation of action is material to Tenant's use of the Leased Premises and such cessation frustrates Tenant`s use of the Leased 19914 r � Premises, within Tenant's sole discretion, Tenant shall have the immediate right to terminate this Lease for cause and without payment of a termination fee. (b) With Higher Priority Users. If Tenant's Antenna Facilities cause impermissible interference with higher priority users as set forth in Subsection S(a) above Tenant shall take all measures necessary to correct and eliminate the interference. - If the interference cannot be eliminated within forty-eight (48) hours after receiving Landlord's written notice of the interference, Tenant shall immediately cease operating its Antenna Facilities and shall not reactivate operation, except intermittent operation for the purpose of testing, until the interference has been eliminated. If the interference cannot be eliminated within 30 days after Tenant received Landlord's written notice, Landlord may at its option terminate this Lease immediately without a termination fee to Tenant. (c) Interference Study - New Occupants. Upon written notice by Landlord that ifi has a bona fide request from any other party to lease an area including or in close proximity to the Leased Premises ("Leased Premises Area"), Tenant agrees to provide Landlord, within sixty (60) days, the radio frequencies currently in operation or to be operated in the future of each transmitter and receiver installed and operational on the Leased Prenises at the iime of such request. Landiord may then ha�;e an independent, registered professional . engineer of Landlord's choosing perform the necessary interference • studies to d.etermine if the new applicazt'S frequer.cies will cause ha'rmful radio interference to Tenant. Landlord sriall require the new . applicant to pay for such interference.studies, unless the Landlord. or other higher priority user requests the use. ' � (d) Interference - New Occupants. Landlord ag�r�es that it will not grant a future lease in the Le3sed Fremises Area to any party who is of equal or lower priority to Tenant, �f such party's use is reasonably anticipated to in�erfere with Tenant's operatio� of its Antenna Facilities. Landlord agrees further tha� any future lease of the Leased Premises Area will prohibit a user of equal or lower priority from interfering with Tenant's -Antenna Facilities. Landlord agrees that it will require any subsequent occupants of the Leased Premises Area of equal or lower priority to Tenant to provide Tenant these same assurances against interference. Landlord shall have the obligation to eliminate any interference with the operations of Tenant caused by such subsequent occupants. If such interference is not eliminated, Tenant shall have the right to terminate this Lease for cause without a termination fee or seek injunctive relief against the interfering occupant, at Tenant's expense. 16. Assignment. (a) Affiliates and Subsidiaries. This Lease, or rights thereunder, may not be sold, assigned, or transferred at any time by Tenant except to Tenant's affiliates or subsidiaries. As to otYier parties, this Lease may not be sold, assigned, or transferred without the written consent of the Landlord, such consent not to be unreasonably withheld or delayed. For purposes of this section, an "affiliate" or "subsidiary" means an entity that controls, is controlled by, or under common control with Tenant. Landlord hereby 1�°.15 consents to the assignment by Tenant of its rights under this Lease as collateral to any entity which provides financing for the purchase of the equipment to be installed at the Leased Premises_ (b) Landlord to Supply Information. The Landlord agrees to furnish, within ten (10) days after the receipt of a written request from the Tenant, all such information as may be reasonably requested by the Tenant's lender, mortgagee or other prospective transferee or assignee allowed under this agreement, for the purpose of determining the obligations of the parties under the agreement at that time. This information may include, at the request of the Tenant, a binding statement by the Landlord that: 1) the lease is in full force and effect, subject to any express modifications as may have been made to it: 2) the Tenant is in possession of the Leased Premises: 3) the Tenant is paying rent as provided in the lease and according to its terms, as well as any advances in rents as may have been made: 4) the nature and extent of any known defaults: and 5) any other information of a similar character as may be reasonably requested. 17. Condemnation_ In the event the whole of the Leased Premises is �aken by eminent domain, this Lease shall terminate as of the date title to the Leased Premises vests in the condemning authority. In event a portion of the Leased Premises is taken by eminent domairi, eiiher party srall have the riqh� to terminate this Lease as of said date of title transfer, by gi�ing thirty (30) days' written notice �o the other party. In the event cf any taking under the power of eminent domain, Tenant shall not be entitle� to any 'portion o�. the reward paid for the tak�ng and the'Landlord shall receive f�,ll amount of such award. Tenant nere�by expressly waives an��right or claim to any portion. thereof: Although all damages, whether awarded as compensation for diminuti.on. in value of the leasehold or to the fee of the Leased Premises, shall belong to Landlord, Tenant shall have the right to claim and recover from the condzmning authority, 'otit not from Landlord, such compensation as may be separately awarded or recoverable by Tenant on account of any and all damage to Tenant's business and any costs or e�penses incurred by Tenant in moving/removing its equipment, personal property, Antenna Facilities, and leasehold improvements. 18. Disputes. Any claim, controversy or dispute arising out of this Lease not resolved within ten (10) days following notice of the dispute, shall be submitted first and promptly to mediation. Each party shall bear its own costs of inediation. If inediation does not r�sult in settlement within forty-five (45) days after the matter was submitted to mediation, either party may file a claim in arbitration in accordance with the applicable rules of the American Arbitration Association. The award rendered by the arbitrator may be entered as a judgment in any court having jurisdiction thereof_ The arbitration shall be conducted in the county where the Leased Premises is located. Arbitration shall be the exclusive remedy of the parties. 19. Enforcement and Attorneys' Fees. In the event that either party to this Lease shall bring a claim in arbitration to enforce any rights hereunder, the prevailing party shall be entitled to recover costs and reasonable attorneys' fees incurred as a result of such claim. ��.�6 20. Notices. All notices hereunder must be in writing and shall be deemed validly qiven if sent by certified mail, return receipt requested, addressed as follows {or any other address that the party to be notified may have designated to the sender by like notice): If to Landlord, to: If to Tenant, to: with a copy to: City Manager City of Fridley - 6431 University Avenue, N.E. Fridley, MN 55432-4384 Federal Tax ID#: 41-6007700 Real Estate Department American Portable Telecom Inc. P. O. Box 31793 Chicago, IL 60631-0793 APT Minneapolis Inc. 1701 East 79th Street Bloomington� MN 55425 21. Authority. Each of the individuals executing this Lease on behalf of the Tenant or the Landlord represents to the other party that such individual is authorized to do so by requisite acLion of the party to this Leasz. 22. -Bindir.g E�fect. This Lease shall r-un with the Leased Premises. This Lease ' shall extend to and �bind the. heirs, personal representatives, successors and assigns of the-parties hereto. 23. Complete Lease; Amendments. This I,ease constitutes the entire agreement and understanding of the parties and supersedes all offers, negotiations, and other agreement of any k?_r.d. There are no representations or understandings of any kind r.ot set forth herein. Any modification or or amendment to this I,ease must be in writing a-nd executed by both parties. 24. Governing Law. This I,ease shall be cor.strued in accordance with the laws.of the State of Minnesota. 25. Severability. If any term of this Lease is found be void or invalid, such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect. 26. Miscellaneous. (a) Landlord represents and warrants that Landlord has full authority to enter into this Agreement and has good and marketable title to the Landlord's property. (b) This Agreement may be signed in counterparts by the parties hereto. (c) The terms and conditions of the Agreement shall extend to and bind the heirs, personal representatives, successors and assigns of Landlord and APT. 1 �.�17 (d) Landlord shali contemporaneously herewith execute and acknowledge and deliver to APT for recording a Memorandum of this Agreement ("Memorandum"). (e) If Landlord or APT is represented by a Real Estate Broker or listing agent, the contracting party is responsible for all commissions, fees or other payment to such agent. _. IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their respective seals the day and year first above written. LANDLORD: CITY OF FRIDLEY TENANT: By Tts Mayor By Its Ciiy Manager APT MINI�IEAPOLIS INC. , a DELAWARE corporation By Its STATE OF MINNESOTA � ) • • � • • - ' ) SS , . COUNTY OF ) The foregoing instrument was acknowledged before me thi.s day of ' � , 199 , . by the Mayor and City Manager respectively of the City of Fridley, on behalf of the corporation. Notary Public STATE OF ) ) SS COUNTY OF ) The foregoing instrument was acknowledged before me this day °f , 199 , by the of , on behalf of the corporation.� Notary PubZic 1$�18 SITE ID# A10052 SITE NAME: FRIDLEY EXHIBIT "A" TO SITE AGREEMENT LEGAL DESCRIPTION OF OWNEk'S PROPERTY: Fridley Industrial Park Plat, Lot 2 and Lot 1 PIN 12 30 24 33 0005 PIN 12 3Q 24 33 0006 ADDRESS: s 6960 N.E. Highway 65 Fridley, MN 55432 It is agreed by Owner and APT tha� the precise legal description for the Owner's Property will be corrected, if necessary, and that the correct legal description may be placed on this Exhibit "A" by APT_ 1 g.�19 SITE ID#: A10052 SITE NAME: FRIDLEY EXHIBIT "B" TO - SITE AGREEMENT SKETCH AND DESCRIPTION OF PROPERTY: SEE ATTP.CHED EXHIt3IT { SITE DRP,WINGS Bl Plot Plar� B2 Compound Area Plan B3 East and West Elevations B4' North and South Elevations 15 19.20 i �� `.. �� _� _� gz � � � � 0 F N O � 0 x � $ �� _ �� :�_ .y� a'. � , , , , , _ � . „o�— a � � i � o I " X � f i } � * �z+' �—�t---«�—�:�—x___I x K x--�:-� � � x_.----�---�'' U � � X ! � k * � —I 17 �� 13• ,I��.,�� , - - --�-- � , � . � \ 1 � � \ � g�R � �� _ �� 4 �� y �� YQ � 7 g�x�; � � �'E$ E � - ` � � � � _�� n� _ � � � --� `-� � z� T 9 � A O O v v w� N . � O O o q c v j � G �� C � - �20� � �? 4a � � $� 1 ( � � � � 0 0 _. � � . � \�� \ ' �a I i 1 1 E H � K A � ' � �. -=i Z � N p � 1 n A i �� N A � � � Y � v � =I o� - �� _ >� o � o� �� p� r "' : N� x �� . z� s � � � � O r_ _---- � �, > i � ' .^ o � .: v � o = c z = 75 Q � gA �� c s c � (�� N D � Z � X � o g � g g �► �� t� �. $�� r�' i - ��Y ��,4L �. �, �� , � � O � .. � x � � � � � � �drY� � � � ��a� �o � 6_-. � � : �„ a � � `�� N Ly� C " , � v� a. �; �' a'' � oK = �� [a � �� a� � n �o o` �} � E� � p �� o 82 � �K O czi cs � c=i 0 A n �H •n'+ n � N �� C p � � O = O p O O �II��g � � d�f�� - � � �� s � � .i� ��$a� � �� a r � �� ' a \ \\ � Z � � n / .._._.._'_—. �� H � ,., s z z 7S o � F g �' � � c '+ c � �� H � � � O -y A O N Z Q N a O � u � g L�� b g �� '�� i �� x � �� . �_ � a� , D z I � �z �i C � � ' K � V �` � O a 0 � z i 0 v U 0 � _ > �� o� a � .� 0 r � • n � � o �� z� ��a E ��{�� "�3� d��= �#Ei��i :, n= _ �. � ii ( -� Ch L � �z �a � r�t "� n T x = a � x � o � A � C � C -4 � z �. .-, r z� < ry N ' -/ b O � N O � � x N � ^y� _�� , � g �� u �� .` ' s ��x �� C•Es 1 �� - � • � ?'' ° � I • � � a t e Z G ' 0 x o _ � Z � _ < Z oti --- --- . - - O N A O O T N � ^ O > ~ ti Z < + � � jL�1.1yj� �' $� � l-. 5-a� � � � � �� _ -_ - �� t- `�� z� � -, � 84 �9�� f�� "�3� ��°�; �=g�� / ', O �+ C EXHIBIT ��C" TO SITE AGREEMENT Conditions Precedent 1. All permits from all local or federal land use jurisdictions for the intended use_ 2. All local airspace authorities and FAA determination of no hazard to airspace. 3. FCC authorization to utilize this location for the intended use. 4. APT's technica7. reports must establish to its exclusive satisfaction that the property is capable of being suitably engineered to accomplish APT's intended use of the Property. w 1 �.�25 This document drafted by: Jim Nelson TEA Grou� Inc. 1701 W.79�' S rt eet, Suite Z9 Bloomington, MN 55425 SITE ID#: A10052 SITE NAME: FRIDLEY MEMORANDUM OF AGREEMENT THIS MEMORANDUM evidences that a Site Agreement was made and is hereby entered into by written Site Agreement effective the day of , 199 , between The City of Fridley {"Landlord) whose address is set forth below and APT Minneapolis, Inc., a DelatiTare corporation {"APT"), whose address is P.O. Box 31793, Chicago, IL bOb31-0793, the terms and •cor�ditions cf which are inc�rporated herein by reference. ' . Such Site AgreeFnent �provides, in part, that Landlord, for valuable consideration, leases to APT a part of' tha't c2rtain property owr�ed by Landlord which is described in Exhibit. "A" attached hereto anci incorporated herein for a term of years commencing on , 199_, and ending on Decz:nber 31, 2001. This term is subject to three additional five (5) year option terms. 1 J'.26 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. By: LANDLORD Municipal Corporation: City of E'ridley - Name of Municipal Corporation By: Print Name: William J. Nee Print Name :William W. Burns Print Tit1e: Mayor Print Title: City Manager Address of Corporatio:�: 6431 University Avenue NE, Fridley, MN 55432 Phone: (612) 571-3450 Federal Tax ID No: 41-6007700 S'PATE OF MINNESOTA) ) SS. . • • ' • CGUNTY OF ANOKA ) . � • The foregoing instrument was ackr_owledged before me this day o� , 199_, by and , the and a!Minnesota) municipal corporation, on behalf of the municipal corporation. , - [seal] Notary Public My commission expires 1 �.�L7 APT APT MINNEAPOLIS, INC> By: Its: American Portable Telecom Inc. PO Box 31793 Chicago, IL 60631-0793 Attention: Real Estate With copy to: APT Minneapolis, Inc. 1701 East 79th Street Bloomington, MN 55425 STATE OF SS County of The foregoing instrument was acknowledged before me en this - day of 199 , by ' - the of APT� Minneapolis,. Inc., a Delaware .corporation, on behalf of the � corpbration. � � Notary Public My commission expires: [Seal� 1 �.928