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11/24/1997 - 4803� Ftia FRIDLEY CITY COONCIL MEETING ATTENDENCE SHEET Mav�day, Navembe�c 24, 1997 � 7:30 P.M. PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN PRINT NAME (CLEARLY) ADDRESS ITEM NUMBER � ^ 1 'r �,� ��, � �, � ��,� � r�-� I � � � ��► � . � y'�� - -e � � � «� oF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF NOVEMBEB 24,1997 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. �Iearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) ' PLEDGE OF ALLEGIANCE. PRESENTATION: Certificate of Commendation to Shirley Earley APPROVAL OF MINUTES: City Council Meeting of November 10, 1997 APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: Second Reading of an Ordinance Amending Chapter 113, Entitled "Solid Waste Disposal and Recycling Collection," by Amending Section 113.07, and also Amending Chapter 11, Entitled "General Provisions and Fees," by Amending Section 11.10, "Fees" . . . . . . . . . . ................ 1.01 -1.03 FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 24, 1997 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: Receive the Minutes of the Planning Commission Meeting of November 5, 1997 ....................................2.01-2.11 Special Use Permit, SP #97-09, by Greg Asproth of University Billiards, Inc., to Allow the Expansion of a Commercial Recreation Facility in an Industrially-Zoned District, Generally Located at 7178 University Avenue N.E. (Ward 3) . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.01 - 3.39 Special Use Permit Request, SP #97-10, by Ron Stelter of Friendly Chevrolet/Geo, to Allow the Expansion of an Automobile Sales Facility, Generally Located at 7501 Highway 65 N.E. (Ward 2) . . . . . . . . . �. . . . . . Resolution Amending the Housing Replacement District Plan for Housing Replacement District No. 1 to Include Phase II . . . . . . . . . . . . . . . . . . . . 4.01 - 4.08 ............ 5.01 -5.11 FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 24, 1997 PAGE 3 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED� Approve Memorandum of Understanding Between the Anoka Conservation District and the City of Fridley . . . . . . . . . . . . . . . . . . . . . . . . . . . 6.01 - 6.03 Approve Termination and Release Agreement between the City of Fridley and Vantage Properties, Inc . . . . . . . . . . . . . . . . . . 7.01 - 7.04 Approve Change Order No. 3 to I-694/TH 47 NE Ramp Reconstruction Project No. ST. 1997 - 3 . . . . . . . . . . . . . . . . . . . . . . . . . 8.01 - 8.03 Resolution Ordering Improvement and Approval of Plans and Ordering Advertisement for Bids: Street Improvement Project No. ST. 1998 - 1 . . . . . . . . . . . . . . . 9.01 - 9.03 FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 24, 1997 PAGE 4 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED� Resolution Ordering Improvement and Approval of Plans and Ordering Advertisement for Bids: Rice Creek Improvement Project No. 309 . . . . . . . . . . . . . . . . . . . . . 10.01 - 10.03 Resolution of the City of Fridley, Minnesota, Authorizing the Mayor and the City Manager to Sign the Joint and Cooperative Agreement for the Formation and Administration of the Anoka-Hennepin EM Narcotics and Violet Crimes Task Force . . . . . . . . . . . . . . . . . . . . . . 11.01 - 11.22 Accept Conditions of COPS MORE Grant in the Amount of $88,350 (In Partnership with Columbia Heights and Spring Lake Park Police Departments for the Purchase of Live Scan Fingerprint Capture Equipment and a Photo-Imaging System) . . . . . . . . . . . . . . . . . . . . 12.01 - 12.04 Establish a Public Hearing for December 8, 1997, for Local Law Enforcement Block Grant in the Amount of $21,679 . . . . . . . . . . . . . . . . . . . . 13.01 - 13.02 FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 24, 1997 PAGE 5 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED�• Resolution in Support of an Application for a Minnesota Lawful Gambling Premises - Permit to Fridley American Legion Post 303 (7365 Central Avenue N.E.) (Ward 2) . . . . . . . . . . . . . . . 14.01 - 14.02 Resolution in Support of an Application for a Minnesota Lawful Gambling Premises Permit to Lions Club of Fridley (Joe DiMaggio's Restaurant, 1298 East Moore Lake Drive) (Ward 2) . . . . . . . . . . . . . . . . ............ 15.01 -15.02 Appointment (City Employee) . . . . . . . . . . . . . . . . . . . . . 16.01 Claims ....................................17.01 Licenses Estimates: ....................................18.01-18.03 ...................................19.01 FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 24, 1997 PAGE 6 ADOPTION OF AGENDA: OPEN FORUM, VISITORS: (Consideration of Items not on Agenda - 15 Minutes) PUBLIC HEARING: Consider Resolution Authorizing the Submittal of a Grant Application to the State of Minnesota for the Onan Corporation ....................................20.01 NEW BUSINESS: First Reading of an Ordinance Establishing by Interim Ordinance an Extension to a Previously Established Moratorium Within the City of Fridley on the Construction of New Communication and Antenna Array Towers and on the Use and Development of Property for Such New Towers Thereby Amending the City Code by Adding a New Section for that Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . 21.01 - 21.04 FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 24, 1997 PAGE 7 OLD BUSINESS: Second Reading of an Ordinance Recodifying the Fridley City Code, Chapter 205, Entitled "Zoning," by Adding New Section 205.29, "0-5 Telecommunications Towers and Facilities;" to Amend Sections 205.06, 205.17.01.C.(7), 205.18.01.C.(7), 205.19.02.C.(5), 205.20.01.C.(1), and 205.12.02.A.(7); and to Amend Chapter 11, "General Provisions and Fees;" and Authorize Publication of Official Title and Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22.01 - 22.25 Resolution Approving a Redevelopment Plan Amendment to the S-2, Redevelopment District (Project Plan Amendment, ZOA #97-07, by Semper Development, Ltd., to Amend a Previously Approved Redevelopment Plan in a S-2, Redevelopment District, Generally Located at 6525 University Avenue N. E. ) (Ward 1) (Tabled November 10, 1997) . . . . . . . . . . . . . . 23.01 - 23.11 NEW BUSINESS (CONTINUED� Resolution of the City of Fridley, Minnesota, Authorizing Application by the City for a Grant on Behalf of Onan Corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.01 - 24.02 FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 24, 1997 PAGE 8 NEW BUSINESS �CONTINUEDI: Resolution Approving and Adopting Guidelin�s for the Fridley Economic Development Revolving Loan Fund . . . . . . . . . . . . . . . . . . . . . 25.01 - 25.04 Motion to Approve Plans for Improvement of Old Central Avenue (County Highway 35) . . . . . . . . . . . . . Appointment to Appeals Commission . . . . . . . . . . . Informal Status Reports ADJOURN: ...................... 26.01 - 26.06 ........27.01 .......28.01 _ . � FRIDLEY CiTY COUNCIL MEETING OF NOVEMBER 24, 1997 i ',�� i... �� ' QfY OF FRlDLEY The City of Fridley will not discriminate a�ainst or harass anyone in the admission or access to, or treatment, or employment in its services, pro�rrams, or acrivities because of race, color, creed, religion, narional origin, sex, disability, a�e, marital status, sexual orientarion or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. PRESENTATION: Certificate of Commendation to Shirley Earley , 1 �. � . ,�� - ��.'\..��` j'.�:°-l•� . ;. APPROVAL OF MINUTES: City Council Meeting of November 10, 1997 ,�,, �, ( �: ,_, � ; � ;�-�--z-Y`~ / �' ��- f. �;��. �� - ,� � APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: Second Reading of an Ordinance Amending Chapter 113, Entitled "Solid Waste Disposal and Recycling Collection," by Amending Seetion 113.07, and afso Amending Chapter 11, Entitled "General Provisions and Fees," by Amending Section 11.10, "Fees" . . . . . . . . . 1.01 -1.03 �, l� %z. L- �'� %�" �_ _. . �-;�.�,�. ; _ _ . - � (� q' ./C-- //�7. � �"1 �� ' „i- p-- f ".��'�it-'i � . . NEW BUSINESS: Receive the Minutes of the Planning Commission Meeting of November 5, 1997 . . . . . . . . . . . . . . .; . . . . . . 2.01 - 2.11 � `"��"`.� , Speciai Use Permit, SP #97-09, by Greg Asproth of University Biiliards, Inc., to Allow the Expansion of a Commercial Recreation Facility in an Industrially-Zoned District, Generally Located at 7178 University3.01 - 3.39 A enue N E (Ward 3) . . . . . . . v .• , . . -� .. ��r >. � ...�,.--"C- . �y"�` L� , ` f� Special Use Permit Request, SP #97-10, by Ron Stelter of Friendly Chevrolet/Geo, to Allow the Expansion of an Automobile Sales Facitity, Generally Located at 4.01 - 4.08 7501 Highway 65 N.E. (Ward 2) �%'� �/l �,�sy._-`"� ,�L-�-�� y�•/' " ' !� / v ' Resolution Amending the Housing Replacement District Plan for Housing Replacement District No. � 5.01 - 5.11 to Include Phase II . . . . . . . . . . . �,. ,,C� ��-�-i-�� z--- Approve Memorandum of Understanding Between the Anoka Conservation District and the City of Fridley . . . . . . . . . 6.01 - 6.03 ; �� L ��: /'L"'..�..�. 6 Approve Termination and Release Agreement between the City of Fridley and Vantage Properties, 7 01 - 7.04 Inc. .....................`� G�-'�� %� ,�--_-` i� Approve Change Order No. 3 to I-694�TH 47 NE Ramp Reconstruction Project No. ST. 1997 - 3 . . . . . . . 8.01 - 8.03 � �� `A APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED,l Resolution Ordering Improvement and Approval of Plans and Ordering Advertisement for Bids: Street Improvement Project No. ST. 1998 - 1 . . . . . . . . . . . . . . . . . . . . 9.01 - 9.03 �.v� `�`.t /7cz"_' Resolution Ordering Improvement and Approval of Plans and Ordering Advertisement for Bids: Rice Creek Improvement Project No. 309 ... 10.01 -10.03 C. -� ��-�-� �Z�.� Resolution of the City of Fridley, Minnesota, Authorizing the Mayor and the City Manager to Sign the Joint and Cooperative Agreement for the Formation and Administration of the Anoka-Hennepin EM Narcotics and Violet Crimes Task Force .... 11.01 -11.22 `,�.,�7��=C /� � Accept Conditions of COPS MORE Grant in the Amount of $88,350 (In Partnership with Columbia Heights and Spring Lake Park Police Departments for the Purchase of Live Scan Fingerprint Capture Equipment artd a Photalmaging System) ... 12.01 -12.04 ��- Z��.�--� --�-___ � -, Establish a Public Hearing for December 8, 1997, for Local Law Enforcement Block Grant in the Amount of $21,679 . 13.01 - 13.02 �--�' ��--� . :--� � zf� � � r NEW BUSINESS (CONTINUED)• Resolution in Suppo�t of an Appiication for a Minnesota Lawful Gambling Premises Permit to Fridley American Legion Post 303 (7365 Central Avenue N.E.) (VVard 2) . . . . . . . . . . . . . . . . . 14.01 -14.02 � �t' -��' .�=z . Resolution in Support of an Application for a Minnesota Lawful Gambling Premises Permit to Lions Club of Fridley (Joe DiMaggio's Restaurant, 1298 East Moore Lake Drive) (Ward 2) . . . . . . . �. . . 15.01 - 15.02 �� R� �� Appointment (City Empfoyee) . . . 16.01 c. zr--� �w.----�� , Claims . . . . . � f�l'�+--4 . . . 17.01 Licenses . . . . . `. j`',�'.'`' .�01 -18.03 Estimates: . . . . �-��:^-:'`:� 19.01 ADOPTION OF AGENDA: �� " l a-f�� ...-- Gr - �� -`� � � �".;..v.-�.��. �' � Gr -._y'�--�.f .�i J OPEN FORUM. VISITORS• (Consideration of Items not on Agenda -15 Minutes) �� PUBLlC HEARING: Consider Resolution Authorizing the Submittal of a Grant Application to the State of Minnesota for the Onan Corporation ........................ 20.01 �`: � i ; � .� c__ - � ,�-� - NEW BUSINESS: First Reading of an Ordinance Establishing by Interim Ordinance an Extension to a Previously Established Moratorium Within the City of Fridley on the Construction of New Communication and Antenna Array Towers and on the Use and Development of Property for Such New Towers Thereby Amending the City Code by Adding a New Section for that urpose . . . . . . . . . . . 21.01 - 21.04 ��1 :,�;�._=L� �K-�-�`�� /� .�T-- / �� OLD BUSINESS: �� Second Reading of an Ordinance Recodifying the Fridley City Code, Chapter 205, Entitled "Zoning," by Adding New Section 205.29, "0-5 Telecommunications Towers and Facilities;" to Amend Sections 205.06, 205.17.01.C.(7), 205.18.01.C.(7), 205.19.02.C.(5), 20520.01.C.(1), and 205.12.02.A.(7); and to Amend Chapter 11, "General Provisions and Fee� � �� «'-{.� . and i2—. s Authorize Publication of Official Title and Summary . . . . . . . . . . . . . . . . . . . . . . . . . 22.01 - 22.25 �'z.s�,�...�t-� ,��<.r . � ,-�� .�,��`�`-� Resolution Approving a Redevelopment P1an Amendment to the S-2, Redevelopment District (Project Plan Amendment, ZOA #97-07, by Semper Development, Ltd., to Amend a Previously Approved Redevelopment Plan in a S-2, Redevelopment District, Generally Located at 6525 University Avenue N.E.) (Ward 1) (Tabled November 10, 1997) ........................... 23.01-23.11 NEW BUSINESS (CONTINUEDL Resolution of the City of Fridley, Minnesota, Authorizing Application by the City for a Grant on Behalf of Onan Corporation . . . . . . . . . . . . . . . . . . . 24.01 - 24.02 c.`-��. f�L�� e- v- , �� / ,.�,�'� Resolution Approving and Adopting Guidelines for the Fridley Economic Development Revolving Loan Fund ..... 25.01 - 25.04 �,,__�C��--�� L , c,.F'� / ��. Motion to Approve Plans for Improvement of Old Central Avenue (County Highway 35) . . . . . . . . . . . . . . . . . . . . . 26.01 - 26.06 � , � t.,,._.._'�C._ � �� L'G'�-- ``'�„�.,• Appointment to Appeals Commission .... 27.01 � �� ✓� l � �' L�ir�-�-� / _ Informal Status Repo�ts J?:�"-. ... 28.01 J : J,'�--- �,,✓ ' 4 �� -� ._�,� �,..,..�� .� i�- � � ` �� <<,Z` c. C C --...- ��.3 ADJOURN: � _�%.�� . �- • . ,.--,-- - �.,. �•t.... CG � ;.,./.y? .. `j7�2'�VC ��Q�. f' ' �/ f � "�-'"�-+t� '� t---�'�-s*�--5_.c. ! `�c � CL`��"T- I � ti,.- S��!�s , �•h �,j � ��.// d - f.— `�' y`' � S�-�—�-�' , .-�_ �,'�� THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF NOVEMBER 10, 1997 The Regular Meeting of the Fridley City Council was called to order by Mayor Jorgenson at 7:34 p.m. PLEDGE OF ALLEGIANCE: Mayor Jorgenson led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Jorgenson, Councilman Barnette, Councilman Billings, Councilman Schneider (arrived at 8:14 p.m.) and Councilwoman Bolkcom MEMBERS ABSENT: None PROCI�AMAT ION : Ia HOME HEALTH CARE MONTH, NOVEMBER, 1997: Mayor Jorgenson read and issued a proclamation proclaiming the month of November, 1997 as Home Health Care Month in the City. Mr. Loftus, Metro Home Health Care, invited Council to their celebration of National Home Health Care. Council was presented with a small loaf of bread as a sign of their gratitude for Council's support of nursing assistance. CUB SCOUT TROOP 271: Mayor Jorgenson welcomed Cub Scout Troop 271 to the City Council meetinq. Mr. Steve Smuder introduced the members of his cub scout troop who are working on their citizen activity badges. APPROVAL OF MINUTES: COUNCIL MEETING, OCTOBER 27, 1997: MOTION by Councilman Barnette to approve the minutes as presented. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS' 1. RESOLUTION NO. 96-1997 APPROVING A FINAI� PLAT, P.S. #97-02, WALTON ADDITION (BY WAL-MART STORES, INC.) (WP.RD 3): Mr. Burns, City Manager, stated this plat was begun in 1993 and reactivated in July, 1997, with the new addition to Sam's Club. He stated this plat needs to be acted upon before FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 1997 PAGE 2 rezoning for Bachman's can occur. A final plat for Walton Second Addition will be added to toniqht's agenda. ADOPTED RESOLUTION NO. 96-1997, WITH THE FOLLOWING STIPULATIONS ATTACHED AS EXHIBIT A: (1) A JOINT STORM WATER POND USE AND MAINTENANCE AGREEMENT BETWEEN BOTH OWNERS OF LOTS 1 AND 2, WALTON ADDITION, SFIALL BE EXECUTED AND RECORDED AGAINST OUTLOT A, WALTON ADDITION; (2) CRO5S-PARKING AND ACCESS EASEMENTS SHALL BE EXECUTED AND RECORDED AGAINST LOT 1 AND LOT 2, BLOCK 1, WALTON ADDITION; (3) THAT PORTION OF WALTON ADDITION CURRENTLY DEFINED AS LOT 2, BLOCK 2, CABA REALTY 1ST ADDITION, SHALL BE REZONED FROM C-2, GENERAI� BUSINESS TO C-3, GENERAL SHOPPING CENTER DISTRICT PRIOR TO THE TIME OF DEVELOPMENT; (4) THE PETITIONER AGREES THAT BOTH LOT 1 AND LOT 2, WALTON ADDITION, SHALL BE ASSESSED FOR THEIR SHARE OF THE INSTALLATION OF A STOPLIGHT AT 83RD AND UNIVERSITY AVENUES; (5) THE PETITIONER SHALL PAY A PARK DEDICP.TION FEE OF $13,359.03; AND (6) OUTLOT A BE COMBINED WITH EITHER LOT 1 OR LOT 2 FOR TAX PURPOSES. OLD BUSINESS: 2. ORDINANCE NO. 1109 TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA, BY MAKING A CHANGE IN ZONING DISTRICTS (REZONING, ZOA 97-08, BY TODD HACHMAN OF BACHMAN'S, INC., TO REZONE PROPERTY GENERALLY LOGATED AT 8200 UNIVERSITY AVENUE N . E . ) ( WARD 3 ) : Mr. Burns, City Manager, stated that the first reading of this ordinance was approved at the October 27 City Council meeting. The � property to be. rezoned was a 1. 89 acre parcel located to the north of Sam's Club along the West University Avenue Service Drive. The rezoning request was from C-2 to C-3. WAIVED THE READING AND ADOPTED ORDINANCE NO. 1109 ON THE SECOND READING AND ORDERED PUBLICATION. 3. ORDINANCE NO. 1110 AMENDING CHAPTER 602, "BEER LICENSING," OF THE FRIDLEY CITY CODE, TO DELETE THE WORD "NON-INTOXICATING" AND REPLACE IT WITH "3.2 PERCENT" AND TO AMEND SECTIONS 602.05.O1.0 AND 602.13.01: . � AUTHORIZE PUBLICATION OF THE OFFICIAL TITLE AND SLTNIlr11�RY: Mr. Burns, City Manager, stated that this action brings the City into conformance with a 1996 State Statute that proscribes the term "non-intoxicating liquor." The Statute requires the replacement of this term with the words "3.2 percent malt liquor" in our beer licensing law. In addition to the above changes to the beer licensing law, staff, with the support of the City Attorney, is recommending that the process for approval of a beer license be changed. The proposed change would allow the City Clerk to publish the FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 1997 PAGE 3 hearing notice, without City Council approval, and help the City to stay within the State's sixty-day action law. Mr. Burns stated that if Council approves this change staff will be returning in the near future asking for a similar change in the City's liquor licensing law. In addition to these changes, the amendments include changes suggested by Councilmember Billings on October 27. These changes would strike the date by which liability insurance would be required for on and off-sale liquor establishments. It would also correct an outdated reference to Minnesota Statutes. In addition to adoption of this ordinance staff recommends that Council authorize the publication of these changes by official title and summary. WAIVED THE READING AND ADOPTED ORDINANCE NO. 1110 ON THE SECOND READING AND ORDERED PUBLICATION OF THE OFFICIAL TITLE AND SU1�lARY OF THIS ORDINANCE. 4. RESOLUTION NO. MISSISSIPPI RI` R 27,1 97-1997 SUPPORTING DESIGNATION OF THE TER AS AN P.MERICAN HERITAGE RIVER (TABLED Mr. Burns, City Manager, stated that the Metropolitan Council, in cooperation with the McKnight Foundation, is seeking Federal, "Heritage River" status for the portion of the Mississippi River that flows through the seven-county metropolitan area. Approval of this designation will facilitate receipt of Federal funding for river projects. If Council approves this resolution of support, they would not be committing funds or relinquishing any of its local controls over this area. In response to Councilmember Schneider's request, staff has verified that this action does not preempt local land use control or other matters of local jurisdiction. ADOPTED RESOLUTION NO. 97-1997. NEW BUSINESS• 5. VARIANCE, VAR #97-18, BY FRANK MP.SSERANO, III, FOR INTERNATIONAL MINISTERIAL FELLOWSHIP, TO REDUCE THE SETBP,CK FROM AN ADJACENT RESIDENTIAL PROPERTY FROM 30 FEET TO 15 FEET TO ALLOW THE CONSTRUCTION OF AN OFFICE BUILDING, GENERALLY IACATED AT 63RD AVENUE AND EAST MOORE I,AKE DRIVE (WARD 2): Mr. Burns, City Manager, stated that the proposed variance is for property located at the corner of 63rd Avenue and East Moore Lake Drive. This variance will enable the construction of a 3,022 square foot office building by the International Ministerial Fellowship. The Appeals Commission voted unanimously to recommend approval at their October 22 meeting. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 1997 PAGE 4 GRANTED VARIANCE REQUEST, VAR #97-18, TO REDUCE THE SETBACK FROM AN ADJACENT RESIDENTIAL PROPERTY FROM 30 FEET TO 15 FEET. 6. RESOLUTION NO. 98-1997 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LP.WFUL GAMBLING PREMISES PERMIT TO FRIDLEY V.F.W. POST 363 (WARD 2) : Mr. Burns, City Manager, stated that this is a biennial application renewal for pull-tabs that was last approved in 1995. Staff found no reason to deny approval. ADOPTED RESOLUTION NO. 98-1997. 7. RESOLUTION NO. 99-1997 RECEIVING THE PRELIMINARY REPORT ON THE MATTER OF CONSTRUCTION OF CERTAIN IMPROVEMENTS: STREET IMPROVEMENT PROJECT NO. ST. 1998-1: Mr. Burns, City Manager, stated that this is one of several actions pursuant to establishing an assessment district for the 1998 HaclQnann Avenue proj ect . It mandates that the City Clerk identify property owners who are to be assessed and to calculate estimated assessments for each owner. It further requires that this information be available for inspection. It also establishes November 10, 1997 as the date for the public hearing on the improvement and related assessments. ADOPTED RESOLUTION NO. 99-1997. 8. APPROVE CHANGE ORDER NO. 2 TO I-694/TH 47 NE RAMP TRUCTION PROJECT NO. ST. 1997- Mr. Burns, City Manager, stated that the Minnesota Department of Transportation (MnDOT) requested changes to this project including signage for the daily ramp closures, $605; an additional hand-hole for connection of light pole wiring, $632.50; and relocation of a liqht base, $3,000. Staff recommends approval of a change order in the amount of $4,327.50 with Forest Lake Contracting. These costs are reimbursable by MnDOT. AUTHORIZED CHANGE ORDER NO. 2 WITH FOREST LAKE CONTRACTING IN THE AMOUNT OF $4,327.50 FOR THE I-694/TH 47 NE RP,MP, RECONSTRUCTION PROJECT NO. ST. 1997-3. 9. ESTABLISH A PUBLIC HEARING FOR NOVEMBER 24, 1997, TO CONSIDER A RESOLUTION AUTHORIZING THE SUBMITTAL OF A GRP.NT P.PPLICP.TION TO THE 5TATE OF MINNESOTA FOR THE ONAN CORPORATION: Mr. Burns, City Manager, stated that the City and Onan Corporation have been working with representatives of the Minnesota Department of Trade and Economic Development toward the acquisition of a$360,000 forgiven loan for Onan. The loan application would be submitted by the City and used to support the move of Onan's small "genset" manufacturing process from Huntsville, Alabama to Fridley. Onan is pledging FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 1997 PAGE 5 the creation of 144 full-time jobs with an average salary of $15.00 per hour. The forgiven loan is made available under the Minnesota Investment Ei.ind. The proposed date for the public hearing is November 24, 1997. SET THE PUBLIC HEARING FOR NOVEMBER 24, 1997 TO CONSIDER AUTHORIZING THE SUSMITTAL OF A GRANT APPLICATION TO THE STATE OF MINNESOTA FOR THE ONAN CORPORATION. 10. CLAIMS: AUTHORIZED PAYMENT OF CLAIM NOS. 77389 THROUGH 77623. 11. LICENSES: APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE IN THE LICENSE CLERK'S OFFICE. 12. ESTIMATES: APPROVED THE ESTIMATES, AS FOLLOWS: S.M. Hentges & Sons, Inc. 650 Quaker Avenue P.O. Box 69 Jordan, MN 55352 Removal and Replacement of Miscellaneous Concrete Curb, Gutter and Sidewalk Project No. 305 FINAI� ESTIMATE :.. . . . . .. . . . . . . . . $ 9,820.50 M.C. Magney Construction, Inc. 19245 Highway 7 Excelsior, MN 55331 Wellhouse No. 1 and Water Booster Station Project No. 298 Estimate No. 2 . . . . . . . . . . . . . . . $37, 862.25 Hardrives, Inc. 14475 Quiram Drive Rogers, MN 553274 Central Avenue Bikeway/Walkway Project No. ST. 1994-9 Estimate No. 10 . . . . . . . . . . . . . . . $ 8, 706.09 Diversified Paving 8019 146th Avenue N:W. Ramsey, MN 55303 1997 Driveway Paving Project No. 307 Estimate No. 3 . . . . . . . . . . . . . . . $16, 587.48 FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 1997 PAGE 6 Frederic W. Knaak, Esq. Holstad and Larson, P.L.C. 3535 Vadnais Center Drive St. Paul, MN 55110 Services Rendered as City Attorney for the Month of October, 1997 .......$ 4,250.00 No persons in the audience spoke regarding the proposed consent agenda. MOTION by Councilman Billings to approve the consent agenda items. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilwoman Bolkcom to adopt the agenda with the addition of Item 21A, Resolution Approving a Final Plat, P.S. #97-05, Walton Second Addition. Seconded by Councilman Billings. MOTION by Councilman Billings to amend the agenda to consider Item 15, after Open Forum. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Jorgenson declared the motion carried unanimously. OPEN FORUM, VISITORS: COMPLAINT BY MR. PAUL LARSEN, 6460 SQUIRE DRIVE: Mr. Paul Larsen, 6460 Squire Drive, addressed Council in regard to the proposed installation of a 15 KW stand-by generator at his residence. After several contacts with City staff to determine what regulations and ordinances would affect the installation of this unit, he still does not have a definitive answer. He felt he has been ignored by the City. Mr. Larsen stated that he has contacted persons at Onan. They were very concerned that the City would consider a ban on standby power. He has also talked with a representative of the State Attorney General's Office who offered an opinion that municipal code and zoning restrictions are written to be adhered to, or variances granted, not interpreted by reading between the lines. Mr. Larsen stated that he has engaged the services of an attorney, Michael Sokol, who specializes in government litigation. Mr. Hickok, Planning Coordinator, stated that he has talked with Mr. Larsen on several occasions. Mr. Kurt Jensen-Schneider visited the site and discovered the generator on the driveway. Mr. Larsen indicated that he would be moving it to the side yard for installation. Mr. Hickok informed Mr. Larsen that this was not a FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 1997 PAGE 7 permitted accessory use under the City's ordinance. Mr. Hickok stated that this generator is three times larger than the typical home generator, with a muffling system and automotive type muffler. Mr. Hickok stated that Council would need to advise staff if they want to pursue an amendment to allow this type of generator as an accessory use in a residential district. Onan indicated that they would be willing to make some suggestions. Mr. Hickok apologized to Mr. Larsen for the delay. Since the City Code does not cover this situation staff felt it would be detrimental to locate a commercial generator in a residential yard. Mr. Burns, City Manager, stated that part of the reason for the delay was for the time required for legal review. Councilman Barnette stated that without an amendment to the City Code he would be uncomfortable with this installation, as it is not listed as a permitted use. Mr. Hickok stated that Mr. Larsen indicated that in order to keep it viable he would run this unit once a month for approximately five minutes. He is concerned about three phase power going into a dwellinq. There is also a concern that if people start using generators to run a woodshop, it would be a use of land beyond what is permitted in residential districts. Mayor Jorgenson questioned the size. For comparison, Mr. Hickok stated that it is about as large as the podium in the Council Chambers. Councilwoman Bolkcom questioned the noise level. Mr. Hickok stated that it would be like starting a four cylinder engine. She questioned whether it could be soundproofed. Mr. Burns stated that in talking to Onan it would need to be enclosed and insulated. Onan would be willing to develop a set of standards. This could very well be a model for Fridley, as well as other communities. Mr. Hickok stated that the ordinance does not address these type of generators in a residential district. Perhaps this needs to be reviewed. Councilman Billings stated that staff is not saying a generator of this type is necessarily prohibited. At this point, the City does not have provisions in the ordinance to cover this use. Because there is no language stating it is a permitted use, staff cannot give the City's stamp of approval. Mr. Larsen stated that he is trying to have it properly installed and hooked up permanently in his home, as an improper installation can cause shocks down the line. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 1997 PAGE 8 Mayor Jorgenson stated that Council does not take action on items brought up under the Open Forum. It is something that Council will be reviewing. Possibly it could be permitted as an accessory use. 15. PRELIMINARY PLAT, P.S. #97-04 HEATHER HILLS NORTH BY� THE PHILIP STEPHEN COMPANIES, TO RESUBDNIDE THE PROPERTY GENERALLY LOGP.TED AT 6217 CENTRAL AVENUE N.E. (WARD 2) (TABLED OCTOBER 13, 1997): Mayor Jorgenson removed this item from the table. Mr. Hickok, Planning Coordinator, stated that this is a seven-lot subdivision at 6217 Central Avenue. Mr. Dommer, the petitioner, requested this item be tabled to this meeting. However, Mr. Dommer submitted a written request for an additional extension until December 8 to try and resolve certain issues. The sixty-day action period has been extended into the second sixty days, and Council must take action by December 12. If this item is tabled to December 8, action must be taken by Council on this date. Councilman Billings asked if the petitioner is aware that this is the date when Council must take action. Mr. Hickok stated that the petitioner has been made aware of this issue. MOTION by Councilman Billings to table this ite 1997 Council meeting. Seconded by Councilma voice vote, all voting aye, Mayor Jorgenson carried unanimously. PUBLIC HEARINGS: m to the December 8, n Barnette. Upon a declared the motion 13. PUBLIC HEARING ON RICE CREEK BANK STABILIZATION PROJECT NO. 309 (WARD 1) : MOTION by Councilman Billings 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 Jorgenson declared the motion carried unanimously and the public hearing opened at 8:06 p.m. Mr. Flora, Public Works Director, stated that three petitions were received for a total of nineteen property owners in favor of this improvement. This represents 83 percent of the 23 affected property owners. It is proposed that this project will be financed with 50 percent from the Rice Creek Watershed District; 25 percent from the City; and 25 percent from the affected property owners. If Council adopts the resolution to order the final plans and specifications, the project will begin with an anticipated completion in September, 1998. The project would be on-going during the winter months, depending on the weather. Mr. Petrangelo, 520 Rice Creek Boulevard, wanted to make sure nothing would be done to his property without his approval. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 1997 PAGE 9 Mr. Flora stated that is what the City agreed upon. Mr. Gary Knight, 513 Rice Creek Terrace, asked if the bank erosion would be taken care of. Mr. Flora stated that the walls of the creek would be lined in order to keep the creek in its channel and to stop the walls from eroding. Ms. Lynda Ellis, 540 Rice Creek Boulevard, asked if the holes would be filled referring to the second rabbit ear. Mr. Flora stated that the first rabbit ear has already eroded, and the holes would be filled. No other persons spoke regarding this proposed bank stabilization project. MOTION by Councilman Billings to close the public hearing. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously and the public hearing closed at 8:14 p.m. At this time, Councilman Schneider arrived at the meeting. 14. PUBLIC HEARING ON HACKMANN AVENUE IMPROVEMENT PROJECT NO. ST. 1998-1: MOTION by Councilman Schneider to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously and the public hearing opened at 8:15 p.m. Mr. Flora, Public Works Director, stated that a meeting was held with residents on Haclanann Avenue and Hackmann Circle. Five petitions were received with 27 of the 59 residents or 46 percent in favor of the improvement. The improvement consists of replacing the water line and rebuilding the streets with concrete curb and gutter on Hackmann Avenue and Hackmann Circle. Councilman Schneider asked the proposed impact as far as the alignment of the streets. Mr. Flora stated that the entire street surface will be removed to make the water line connections, as well as removing the existing curbing and adding the gutter. It was suggested, in conjunction with this project, that a sump pump drainage system could be installed in the street to connect to the storm system. However, there was not much support for this suggestion. Councilwoman Bolkcom asked the cost to install the sump pump drainage system. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 1997 PAGE 10 Mr. Flora stated that it is estimated around $18,000 and would involve about nine or ten properties. This is a sump pump project where the City would provide $450 toward this cost. It may be something that Council may wish to consider. As of now, no one has shown any interest in connecting. This was discussed briefly at the meetings with the residents, but there has not been any further contact. Councilman Schneider asked where the sump pumps are currently draining. Mr. Flora stated that they were draining in the street. This can cause a problem with the street being wet and slippery. By having a piped system, there would be no surface impact whatsoever. Mr. Robert Townsend, 5874 Hac}anann Avenue, stated that he lives at the bottom of the street. It was suggested that two additional catch basins be installed, but they were told they were not needed. All the water comes in front of his home. Over a foot of water seeped through his garage door and into his basement during storms this year. There is a need for two more catch basins. Mr. Flora stated that there are three additional catch basins proposed in order to drain the water on the street faster. Councilman Schneider asked Mr. Townsend if he supported the project. Mr. Townsend replied in the affirmative. No other persons spoke regarding this proposed improvement project. MOTION by Councilman Schneider to close the public hearing. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously and the public hearing closed at 8:22 p.m. 15. THIS ITEM FOR A PRELIMINARY PLP.T, P.S. #97-04, HEATHER HILLS NORTH, WAS CONSIDERED EARLIER IN THE AGENDA AND TABLED TO DECEMBER 8, 1997. 16. RESOLUTION APPROVING A REDEVELOPMENT PI�AN AMENDMENT TO THE S-2, REDEVELOPMENT DISTRICT (PROJECT PI,AN I�MENDMENT, ZOA 97-07, BY SEMPER DEVEIAPMENT LTD., TO AMEND A PREVIOUSLY APPROVED REDEVELOPMENT PLAN IN AN S-2, REDEVELOPMENT DISTRICT, GENERAI�LY LOCATED AT 6525 UNIVERSITY AVENUE N.E. (WARD 1j(TABLED OCTOBER 27, 1997): Mayor Jorgenson removed this item from the table. Ms. Dacy, Community Development Director, stated that since the October 27, 1997 meeting, staff reviewed the site plan to determine if additional spaces on-site could be created. Walgreen's is proposing to locate their building in the center of the site with parking in front of the building and along the Mississippi Street right-of-way and University Avenue. There will also be spaces to FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 1997 PAGE 11 the rear of the building and probably in the northeast and east corners of the site. Ms. Dacy stated that the site plan has been revised to accommodate additional parking spaces for a possible park-and-ride activity. The revised site plan proposes a total of 131 parking spaces. Walgreen's had previously stated that 76 spaces would be sufficient to serve its use. The Zoning Code requires 94 spaces which still leaves 37 spaces remaining on the site. Ms. Dacy reviewed the revised site plan recommended by staff. She stated that Tim Yantos of the Anoka County Regional Railroad Authority was contacted. It has been determined that there is not a need for buses to use the proposed Walgreen's site, as there is adequate right-of-way along Mississippi Street and University Avenue to accommodate a bus stop or bus lane. The Rail Authority also had no problems with the 24 spaces at the rear of the site for a park-and-ride function. Ms. Dacy stated that this resolution approving a redevelopment plan amendment to the S-2, Redevelopment District, is submitted for Council's consideration. Stipulation No. 1 is to be amended to include the proposed changes to the site plan, and Stipulation No. 5 is to be changed based on the City Attorney's comments at the October 27 meeting. Ms. Dacy stated that staff faxed the proposed revised site plan to the petitioner on November 3. Staff's recommendation is for denial of this plan amendment. However, both the Planning Commission and the Housing and Redevelopment Authority recommended approval. Councilman Billings stated that as he understands, a motion to adopt the resolution with the stipulations attached as Exhibit A and a motion to amend Stipulation No. 5 is on the table from the October 27 meeting. He asked that the question be called on these motions. UPON A VOICE VOTE (FROM THE OCTOBER FAILED. TAI�N ON THE MOTION TO AMEND STIPULATION N0. 5 27, 1997 MEETING), ALL VOTED NAY, AND THE MOTION Councilman Billings stated that what is on the table from the October 27, 1997 meeting is a motion to adopt the resolution with stipulations attached as Exhibit A. He offered the following substituted motion: MOTION by Councilman Billings to substitute a motion for this resolution, with the changes recommended, and as found on Pages 16.03, 16.04 and 16.05 of the agenda book. Seconded by Councilman Barnette. Councilman Billings stated that as he understands, a vote in favor of the substitute motion would be to provide the substitution with the changes that have been made since the October 27 meeting. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 1997 PAGE 12 UPON A VOICE VOTE TAKEN ON THE ABOVE SUBSTITUTED MOTION, ALL VOTED AYE, and Mayor Jorgenson declared the motion carried unanimously. Councilman Billings stated that in 1990 and 1991 one of the major concerns in regard to light rail/mass transit was to minimize the amount of bus and auto traffic in the adjacent neighborhood as it related to a potential station at the corner. The Anoka County Regional Railroad Authority has stated that they would be able to provide bus and auto access to the station without requiring a stipulation on this site. It must be realized, however, without access across this site, traffic will likely need to use the neighborhood streets if a station goes on this corner. Councilman Billings stated that in 1990 and 1991 the County was also looking at improvements to Mississippi Street and concerned with the location of the median, and the shortness of stacking area into the site. At that time there was a stipulation that the petitioner acknowledged the fact that the roadway configuration was something that was the County's concern. The City was not going on record promising there would be a break in the median forever. Councilman Billings stated staff indicated that one of the stipulations is that the petitioner file a rezoning application for the single family lot abutting 66th Avenue. The petitioner does not have control over that site. He felt that the intention to rezone this site back to R-1 is the right direction, but he is not sure if the City can require this property owner to enter into an action affecting another resident's property. MOTION by Councilman Billings to delete Stipulation No. 19 and renumber the remaining stipulations: To amend Stipulation No. 5 and substitute the following language: "The developer acknowledges that the right-of-way of TH #47 may become a mass transit corridor and that a stop or station may be built near Mississippi and University and that these events may cause easements to be sought on portions of the site by governmental authorities." Further, the following three stipulations are to be added and numbered accordingly: (20) "The 17 stipulations from 1990 and the 17 stipulations from 1991 are herewith deleted"; (21) "All of the lots included in the site plan shall be combined to form one tax parcel;" and (22) "The developer acknowledges that the current roadway configuration and the traffic studies from 1990 and 1991 notwithstanding, the appropriate governmental bodies reserve the right to change and alter the alignment of the roadway, including the location of the median." Seconded by Councilman Schneider. Councilman Schneider stated that he does not have a problem with the language, but he is not sure of the purpose of Stipulation No. 5. Councilman Billings stated that from the standpoint of the S-2 zoning, the City is basically approving a site plan. If this developer sells the property, it is merely a protection indicatinq that the City is not telling anyone that the road will stay as it is and that the Railroad Authority would not be requesting FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 1997 PAGE 13 easements. It puts everyone on notice that things may change in the area and have an impact on the site. The record would probably so indicate, but by having it in the stipulations a future owner would see it more readily. Mr. Knaak, City Attorney, felt this was a good stipulation to add. Councilwoman Bolkcom asked if the City is causing any hardship to the residential property on 66th Avenue. Councilman Billings stated that he felt this property owner would now have more control over the property without this stipulation on the rezoning. Councilman Barnette stated that the property owner's intention is to rezone the property back to R-1. Mr. Kohler, architect for Semper Development, stated that the revised site plan submitted by staff was forwarded to Walgreen's for their review. He understood the intention was to determine how parking could be maximized. However, there are a number of issues they felt were conflicts. Based on information from the last meeting in regard to a park-and-ride, they felt such a facility had to be freestanding with their own plowing and maintenance. It was suggested that a separate portion to the north be self-contained for the park-and-ride. Mr. Kohler submitted a modified site plan which shifts the entire project to the south by fifteen feet to increase the green space to the north near the residential area. This would allow a separation between their facility and the park-and-ride. It also meets the request for 24 parking spaces. Walgreen's felt that the park-and- ride site was a surge traffic generator. This was another reason why the second driveway cut is needed on Mississippi Street. It is important for Walgreen's business as well. Councilman Schneider asked Mr. Kohler if he had any further discussions with the County regarding the two driveway cuts. Mr. Kohler stated that he felt they needed to work with the City to have their support. There is a letter from 1987 which stated that two entrances on Mississippi Street would be allowed. It does not make sense for them to approach the County if the City does not support their request. Mayor Jorgenson stated that with one driveway, traffic wanting to make a left turn would tie up traffic making a right turn onto Mississippi Street. Mr. Kohler stated that the two driveway cuts make it simpler for traffic that wants to make a right turn. Mayor Jorgenson asked if all the setback requirements were met if the building were moved fifteen feet south. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 1997 PAGE 14 Ms. Dacy stated that there is a five-foot setback along the Mississippi Street right-of-way and sufficient space for landscaping. Ms. Dacy stated that she wished to confirm that the amendments proposed in Councilman Billings' memorandum were handed out this evening. Staff had no prior knowledge of this memorandum. Councilman Billings stated that he handed out the proposed amendments to these stipulations this evening. Therefore, staff did not have the opportunity to submit these to the petitioner. Ms. Dacy stated that in 1990 and 1991, the City approved the driveway design that has been proposed on this site. It was very clear between the City and the County that there would be one access point. However, Walgreen's has a formula where their sites function with two driveways. It would not be appropriate for staff to change their recommendation. Walgreen's building will be smaller than the original proposed plan, and staff cannot condone the construction of a second driveway. In regard to the proposed plan, she felt the bottom line is that the site can be manipulated to accommodate the extra parking. She did not feel the proposed stipulations suggested by Councilman Billings would negate this plan or staff's suggested plan. The plan suggested by staff does conserve the amount of use of the site and provides flexibility for the developer as well. Councilwoman Bolkcom stated that Walgreen's stated that they do not have heavy peak hours of traffic. She wondered why there was concern about traffic backing up with only one access. Mr. Christensen, Semper Development, stated that Walgreen's will not accept the site without the second driveway. They can arque the fine points, but this is presented to Council as a given that if they do not have the second driveway the project cannot proceed. Walgreen's was advised by the County that they would go along with what the City recommends. If the City does not want this second driveway Walgreen's would accept that decision. If a decision cannot be made until it is decided what the County is willing or not willing to do, Walgreen's would like to continue this process in order to meet with the County. Councilman Barnette felt that Walgreen's has met the City half way on their agreement for the park-and-ride. He personally does not see the hang-up on the two driveways. Ms. Dacy stated that from a planning standpoint, the volume of traffic the petitioner has stated would be generated, would not require another driveway. From a historical perspective, the County has advised the City to maximize the queuing distance from the driveway to the intersection. Another driveway is a conflict point. Councilman Schneider asked if it would violate the MnDOT queuing distance if two driveways were allowed. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 1997 PAGE 15 Ms. Dacy stated that a permit is not required from MnDOT because there is no access onto a State roadway. She felt that the County would have to answer the question if this would violate MnDOT's queuing. From the City's viewpoint, Mississippi Street is a major roadway. Walgreen's is a building that can operate with one driveway; however, they would prefer two driveway cuts. Councilman Schneider asked if two driveways would be allowed if this was a larger development. He did not see the harm in providing another driveway. Ms. Dacy stated that the proposed prior development for this site was twice as large, and one driveway was adequate to serve their needs. With two driveways there is an additional conflict point closer to the intersection that would typically be approved for Mississippi Street. She did not doubt from the petitioner's viewpoint that two driveways are beneficial to them. However, Mississippi Street is a main arterial at a major intersection, and a 32 foot wide driveway is provided to serve the site. Councilman Barnette stated that he would be willing to allow two driveways and to let Walgreen's deal with the County. He felt the project was a good one. Walgreen's has addressed the mass transit issue, and perhaps the City should compromise. Councilwoman Bolkcom questioned what would happen if the City approves two driveway cuts but the County allows only one. Councilman Barnette stated that Walgreen's would then have to address this issue. Mr. Christensen stated that they were requesting that the City support two driveway cuts. Councilman Schneider stated that it would be another case if there was evidence that two driveways would cause accidents or violate certain standards. He believes the argument is that the buildinq is small and that two driveways are not needed. Mayor Jorgenson stated that at this time, Council is focusing on a single use. There may be another type of use in the future that may have a greater impact during peak periods. These issues all need to be considered in the best interests of the City. Councilman Billings asked if there were any questions on his motion for the amendments. Mr. Christensen asked if any of these amendments compromise the driveway issue. Councilman Billings stated that to his knowledge these amendments compromise the driveway issue. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 1997 PAGE 16 UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Jorgenson declared the motion carried unanimously. Councilman Billings stated that he had a conversation with Mr. Yantos in which he stated that he had spoken with a representative from Walgreen's in Chicago and a representative from Semper Development. Mr. Yantos indicated to him that Walgreen's was quite firm in that they did not want to move the buildinq, even an inch. He has been looking at this proposal from the standpoint that the building would not be moved and how light rail transit could be accommodated. He felt staff's primary position was that the County is looking for a drop-off and not necessarily for a park-and-ride. Even if this site is considered as a drop-off for mass transit there are a number of people that will park in this lot. He felt the main emphasis of staff has been to try to accommodate the space in that eventuality. The Anoka County Regional Railroad Authority has re-evaluated their needs on the site. After their conversation with Walgreen's agreed that they will do the drop-off. If people are parking on Walgreen's site, Walgreen's can deal with it. It would have been nice to have had this plan last week so that they could have brought it to the County. Mr. Kohler stated that when they received staff's revised plan they immediately sent it to Walgreen's. Walgreen's plan was to �keep the building where it was originally proposed. Semper Development proposed that it be shifted. After reviewing the issues, management realized there would be a park-and-ride site. Councilman Billings asked if Semper Development or Walgreen's has a problem with the parking configuration included in staff's revised site plan dated November 3. Mr. Kohler stated that it really does not address the park-and- ride. It maximizes parking on the site. MOTION by Councilman Billings to amend Stipulation No. 1 and delete all the underlined language which refers to the revised site plan. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. Councilman Billings stated that in 1990 and 1991 there was a tremendous amount of engineering data that addressed the conflicts that would arise with two driveways. Althouqh staff has not brought those conflicts forward he felt Council was fully aware of them. The developer stated that they would be willing to extend the time period to have an opportunity to bring these questions to the County. If Stipulation No. 4 was amended to address the two driveways, there would still be the question of the location of the building on the site. Councilman Barnette felt that the Community Development Department had a right to review the petitioner's modified plan. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 1997 PAGE 17 Councilwoman Bolkcom stated that if the County permitted two driveways on this site, she would go along with it. Councilman Barnette stated that the County's position is one driveway. However, if the City approves two it gives the developer leverage to go back to the County and negotiate. MOTION by Councilman Schneider to amend the stipulations by deleting Stipulation No. 4 pertaining to the driveways. Seconded by Councilman Barnette. Councilman Billings stated that if Stipulation No. 4 was deleted and the County does not approve two driveway cuts, there would be a problem. This would leave no opportunity for Walgreen's but to go along with one driveway because the site plan has been approved with two driveways and the time for action expired. He felt it would make more sense to leave Stipulation No. 4 and add a sentence that if the County was to approve two 30 foot driveways the site plan could be approved. Councilman Schneider stated that he is attempting to give the developer some leverage to go to the County. Mayor Jorgenson stated that if there are two driveway cuts located as on the plan she could not support it. COUNCILMAN SCHNEIDER WITHDREW HIS MOTION WITH THE PERMISSION OF HIS SECONDER COUNCII�MAN BARNETTE. MOTION by Councilman Schneider to delete Stipulation No. 4 as written and substitute the following wording: "That the City conceptually approves two driveway cuts and the petitioner is to work with the County to determine the exact location of the two cuts." Seconded by Councilman Barnette. Upon a voice vote, Councilman Schneider, Councilman Barnette, and Mayor Jorgenson voted in favor of the motion. Councilman Billings and Councilwoman Bolkcom voted against the motion. Mayor Jorgenson declared the motion carried. Councilman Billings stated that the motion just passed requires two driveways for the site. The S-2 zoning requires approval of the site plan by the Council. He understands that if there are not two driveways, the project would not proceed. If the County allows only one driveway, Walgreen's no longer has an approved site plan. Mayor Jorgenson stated that she felt staff should have the opportunity to evaluate this modified plan submitted by Semper Development. Mr. Christensen asked if they could voluntarily extend this sixty- day action period. Mr. Knaak, City Attorney, stated that if they are offering a waiver of the requirements for the legal status Council could approve the FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 1997 PAGE 18 extension. An affirmative action on the resolution could be tabled. Councilman Schneider stated that he was trying to force a decision on the two versus one driveway so that the developer had something concrete when they approach the County. The majority of Council supports two driveway cuts. Mr. Christensen requested an extension of the sixty-day action requirement. • Mr. Knaak stated that this would have to be a written request to the City. Councilman Billings stated that an extension would allow staff to evaluate the relocation of the building. MOTION by Councilman Billings to table consideration of this item in order to ascertain the necessary information to fully examine and study the request, and to extend the review period for City Council action an additional sixty-days and to notify the petitioner in writing of this sixty-day extension as soon as possible. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. Councilman Billings stated he hoped that staff could brinq this back as expeditiously as possible. NEW BUSINESS: 17. FIRST READING OF AN ORDZNANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 205, ENTITLED "ZONING," BY ADDING NEW SECTION 205.29, "O-5 TELECONIlKCJNICATIONS TOWERS AND FACILITIES,!' TO Ar�rFrtn SF.CTInNS 205_06, 205.17.O1.C. (7) , 205.18.O1.C. (7) , .C. .C. AMEND CHAPTER 11, "GENERAL PROVISIONS AND FEES:" TO Ms. Dacy, Community Development Director, stated that since the public hearing staff has revised this proposed ordinance as follows: (1) reformat the text to match the City's format for Overlay Districts; (2) clarify the procedures for reviewing towers and wireless communications facilities as permitted uses on approved sites and special uses in industrial districts; (3) a requirement has been added for wireless providers to submit technical evidence from an independent geological engineerinq consultant confirming that the soil is capable of supporting the proposed tower, antenna arrays and equipment; and a structural engineer will have to prove that the area proposed for a monopole or tower is adequate to completely contain the structure if it should collapse for any reason; (4) sections added to clearly state that a building permit is required, and that the facilities are to be located in the rear or side yard areas; and (5) a fee schedule has been proposed. Ms. Dacy further explained these revisions and reviewed the fee schedule. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 1997 PAGE 19 Ms. Dacy stated that one industry representative has suggested extension of the moratorium to allow other approved sites. She stated that there is also a letter from Peter Beck, AT&T Wireless, who recommends additional antennas at existing sites and placement of antennas on buildings or other antenna-supported structures as a permitted use. Staff felt this was contrary to the concept of "approved sites." Ms. Dacy stated it is recommended that the ordinance be approved on first readinq subject to deleting the lease agreement fee on a public site, removing Section 205.29.06 and creating separate sections for each requirement, and amending Section 205.29.08.C. to remove an improper reference to item (8). She said that some additional minor modifications may need to be made prior to the second and final reading of this ordinance on November 24, 1997. MOTION by Councilman Barnette to waive the reading and approve the ordinance on first reading subject to the deleting the lease agreement fee on a public site, removing Section 205.29.06 and creating separate sections for each requirement, and amending Section 205.29.08.C. to remove improper reference to item (8). Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. 18. FIRST READING OF AN ORDINANCE �1MENDING CHAPTER 113, ENTITLED "SOLID WASTE DISPOSAI� AND RECYCLING COLLECTION," BY AMENDING SECTION 113.07, AND ALSO AMENDING CHAPTER 11, ENTITLED "GENERP,L PROVISIONS AND E'EES," BY AMENDING SECTION 11.10, ��FEES : " —_ . Ms. Jones, Planning Assistant/Recycling Coordinator, stated that this ordinance would amend the recyclinq service fees from $4 to $6 per quarter for residential dwellings of one to four units and multiple dwellings of five to twelve units. Multiple dwellings of thirteen or more units will be charged the current contract price which the City is charged by a private contractor. Ms. Jones stated that at the public hearing there was a request from Council about possibly offering a seniors discount. The discounts currently offered a 25 percent on water rates and 50 percent on sewer rates. If a 33 percent discount is recommended on the recycling fee, it would amount to 66 cents per month. There are currently two hundred households on this discount system. If offered it would mean an additional shortfall in the SWAP budget of $1,600. It is important to note that the 1998 SWAP budget, including the increased $6 per quarter fee on utility bills, is already short approximately $16,000 from covering projected expenses. Staff is recommending that no discounts be allowed. Ms . Jones stated that there has been a 43 percent increase in the October, 1997 tonnage compared to the October, 1996 tonnage. In comparing the tonnage between April, 1997 and October, 1996 there has been a 10 percent increase. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 1997 PAGE 20 MOTION by Councilwoman Bolkcom to waive the reading and approve the ordinance on first reading. Seconded by Councilman Barnette. Upon a voice vote, Councilwoman Bolkcom, Councilman Barnette, Councilman Billings and Mayor Jorgenson voted in favor of the motion. Councilman Schneider voted against the motion. Mayor Jorgenson declared the motion carried. 19. RECEIVE PROPOSALS FOR COLLECTION, PROCESSING AND MARKETING SERVICES FOR THE FRIDLEY RECYCLING REDEMPTION CENTER: Ms. Jones, Planning Assistant/Recycling Coordinator, stated that RFPs were sent out for the metals portion of the recycling operations. Four quotes were received, and Great Western proposed the best price for aluminum cans and scrap metal. The Environmental Quality and Energy Commission unanimously recommended to accept this proposal from Great Western. Ms. Jones stated that the RFPs were sent out for the miscellaneous recyclables which include steel cans, plastic bottles, cardboard, newspaper, mixed paper, and glass. Three proposals were received, but were difficult to analyze because predictions needed to be made about the volume of each category of recyclables in order to fairly compare container rental and transporting fees. It appeared that BFI's proposal is the most competitive, with an estimated cost of $807 per month. However, boxboard is not a part of their program. Fridley residents should not be inconvenienced by this change since they can recycle dry food boxes at the curb. The Environmental Quality and Energy Commission recommended that Council approve the Weyerhaeuser proposal. Incorrect market value information was provided regarding BFI's proposal. The EQE Chairperson has been contacted, and staff has not received any objections. Staff recommends that Council accept the proposal from BFI for miscellaneous recyclables marketing and transport. Councilman Schneider asked the total cost of operating the recycling center. Ms. Dacy stated that the net cost with these proposals for 1998 is going to be $6,000 to $8,000. The cost will be less this year than last. The contracts are for one year. She felt that the City could provide the service and get the tonnage for a reasonable cost. Councilman Schneider stated that the question was how much would it cost everyone for the convenience of the center. MOTION by Councilman Billings to receive the RFPs for the metal recycling and the miscellaneous recyclables. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 1997 PAGE 21 20. AW�.RD CONTRACTS FOR COLLECTION, PROCESSING AND MARF�TING SERVICES FOR THE FRIDLEY RECYCLING REDEMPTION CENTER: MOTION by Councilman Billings to approve the contract with Great Western Recycling for aluminum and scrap metal recycling and the contract with BFI for miscellaneous recyclables and authorize the appropriate City officials to execute same. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. 21. RESOLUTION NO. 100-1997 ORDERING FINAL PLANS AND SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF: RICE CREEK PROJECT NO. 309 (WARD 1): MOTION by Councilman Billings to adopt Resolution No.. 100-1997. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. 22. RESOLUTION NO. 101-1997 ORDERING FINAL PLANS AND ESTIMATES OF COSTS THEREOF: HACKMANN AVENUE IMPROVEMENT PROJECT NO. ST. 1998-1 (WARD 2): MOTION by Councilman Schneider to adopt Resolution No. 101-1997. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. 21A. RESOLUTION NO. 102-1997 APPROVING A FINAL PLAT, P.S. #97-05, WALTON SECOND ADDITION: Mr. Hickok, Planning Coordinator, stated that earlier in the evening Council had a plat for Sam's Club. This plat was Walton's Second Addition. Bachman's requested that Council consider it last this evening. This plat would allow a two-lot subdivision for Bachman's and continue to allow the block for Sam's Club and an outlot for a ponding area. � Mr. Hickok stated that staff recommended approval of this final plat with the following stipulations: (1) execute and record common storm water use and maintenance agreements for Outlot A, Walton Addition, against the plat; (2) park dedication fees shall be paid at the following rates: Lot 2, Bachman's, $5,657.24; Lot 3, vacant, $1,217.07; and (3) rezoning request, ZOA #97-08 shall be approved. MOTION by Councilwoman Bolkcom to adopt Resolution No. 102-1997, with the following stipulations attached as Exhibit A: (1) execute and record common storm water use and maintenance agreements for Outlot A, Walton Addition, against the plat; (2) park dedication fees shall be paid at the following rates: Lot 2, Bachman's, $5,657.24 and Lot 3, vacant, $1,217.07; and (3) rezoning request, ZOA #97-08, shall be approved. Further, to authorize the Mayor to sign the final plat. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 1997 PAGE 22 23. INFORMP,L STATUS REPORTS: Mr. Burns, City Manager, stated that for the conference session he would like to discuss the Old Central Avenue project, Jackson Street consulting proposal, potential petition to circulate regarding the vacation of an easement connecting River Edge Way with Stevenson School, and Norwest Foundation's donation for the Community Center. ADJOURNMENT: MOTION by Councilman Barnette to adjourn the meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of November 10, 1997 adjourned at 10:30 p.m. Respectfully submitted, Carole Haddad Nancy J. 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'.,b i. ;� ��?" + �- x# ;`r� - . . � . a� �� ,� i�b.°�_ � _ i�. . .. � .. . . w+''�� „ � y � �. `& �., � � ��'k`�`�¢ �s _ , . . � � 5�4��-� � r? �� Y � y i��;'� . � . j� y.� ,4 � � . . Tt : �} ; � . . � { "� � b P -.- a°'3� �, .�� .� ,�, � . �'i. �.3 .. �„ � a`., ; �e t . �` �``�.� `�' � -Fr� �,, � . y s�,� t �� N � �� ' � � ''� _ ' � , � . . `�r a "' � ,; , . �'�'," � I .� � � ' � '° �� ` t � � � �; �{ �; � ��±: ' � � , �; � _ �p '" :'�r�� _ � :.., „" i �- , _,� , � �. _ � � �,��„ ��:' MEMORANDUM DEVELOPMENT DIRECTOR DATE: November 20, 1997 TO: William Burns, City Manager�i�� FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Julie Jones, Planning AssistanURecycling Coordinator SUBJECT: Second Reading of an Ordinance Approving Amendments to Chapters 113 and 11; SWAP Fees BACKGROUND The City Council held a public hearing on October 27, 1997 to consider testimony regarding amendments to Chapters 113 and 11 of the Fridley City Code. The amendment, if approved, would increase recycling service fees from $4.00 per quarter to $6.00 per quarter. No one from the public appeared to testify. The first reading of the ordinance was approved on November 10, 1997. ' •►�u ►�� •► Staff recommends that the City Council approve the ordinance for second reading. The ordinance changes would then be publicized and become effective January 1, 1998. JJ/ M-97-489 i.�� ORDINANCF NO. AN ORDINANCB AMENDING CHAPTBR 113, $NTITLED "SOLID WASTS DISPOSAL AND RSCYCLING COLLECTION", By AMFNDING SECTION 113.07, AND ALSO AMENDING CHAPTSR 11, ENTITL}3D �G$NER.AL PROVISIONS AND gggS", BY AMENDING SECTION 11.10, °F$$S" 113. SOLID WASTE DISPOSAL AND RECYCLING COLLECTION 113.07. SOLID WASTE ABATEMENT PROGRAM FEE Effective with the January 1998 billing, the City of Fridley shall begin charging residential dwellings of one to four units and multiple dwellings of 5- 12 units $6.00 per unit per quarter. Multiple dwellings of 13 or more units certified for service under the City's contract for recycling services will be charged the current contract price which the City is charged by a private contractor to provide multi-unit recycling services. This fee shall be charged in conjunction with the utility billings as administered by the Finance Department. This fee shall be called the Solid Waste Abatement Programming Fee. This revenue shall be placed in the Solid Waste Abatement Fund and shall be expended on solid waste programming activities. These activities include the curbside collection of recyclables for residential dwellings of one to four units, recycling services to multiple dwellings of 5- 12 units, and other multiple dwellings of 13 or more units certified for service under the City's contract for recycling services, the purchase and distribution of curbside recycling containers, a drop-off redemption center for recyclables, a yard waste transfer center, and other special abatement activities as authorized by the City Council. 11. GENERAL PROVISIONS AND FEES 11.10. FEES License and permit fees shall be as follows: CODE SUBJECT FEE 113 Solid Waste Programming $6.00 per residential dwelling of 1-4 units and per multiple dwellings of 5 - 12 units. Multiple dwellings of 13 or more units certified for service under the City's recycling 1.02 Page 2 - Ordinance No. services contract will be charged the current contract rate which the City is paying a private contractor to provide the service. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THI S DAY OF , 19 9'7 . ATTEST: WILLIAM A. CHAMPA - CITY CLERK Public Hearing: First Reading: Second Reading: Publication: NANCY J. JORGENSON - MAYOR October 27, 1997 November 10, 1997 1.43 CITY OF FRIDLEY PLANNING COI�KISSION MEETING, NOVEMBER 5, 1997 C ' � •��_; Chairperson Savage called the November 5, 1997, Planning Commission meeting to order at 7:30 p.m. -� . Members Present: Members Absent: Diane Savage, Dave Kondrick, LeRoy Oquist, Dean Saba, Brad Sielaff, Connie Modig Larry Kuechle Others Present: Michele McPherson, Planning Assistant Ron Stelter, Friendly Chevrolet Greg Asproth, University Billiards Nancy Asproth, University Billiards ...i� . •_ • •e _; •• - �_� • i • - u �11� MOTION by Mr. Kondrick, seconded by Mr. Oquist, to approve the October 15, 1997, Planning Commission minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. l. �UBLIC HEARING• CONSIDERATION OF A SPECIAL USE PERMIT SP #97-09. BY GREG ASPROTH OF UNIVER TTY BILLI S INC : To allow the expansion of a commercial recreation facility in an industrially-zoned district, on Lots 4, 5, and 6, Block l, Paco Industrial Park, except the North 35 feet of said Lot 4, generally located at 7178 University Avenue N.E. MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to waive the reading of the public hearing notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THFs MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:32 P.M. Ms. McPherson stated the purpose of the special use permit request is to allow the expansion of a commercial recreation use in an industrial multi-tenant building. The petitioner is proposing a 2,778 square foot expansion. The property is located at 7178 University Avenue. The property is zoned M-1, Light Industrial. The property to the north is zoned C-2, General Business. This facility is located just north of Community Park on the west side of University Avenue. If the request is approved, the total square footage of the above facility will be 11,370 square feet. 2.0� PLANNING COI�IISSION MEETING, NOVEI�ER 5, 1997 PAGE 2 Ms. McPherson provided some background information on the facility. University Billiards was established in 1988 and was expanded via a special use permit in 1989. In 1993, the petitioner requested to further expand the facility to 13,792 square feet; however, they withdrew the request due to concerns regarding parking at the facility and incidents of crime. Ms. McPherson stated Section 205.17.O1.C.(4) of the zoning code establishes five conditions for the issuance of a special use permit, as follows: 1. The parking supply shall be in compliance with the requirements of Section 205.17.05 of the City Code and be sufficient to support full occupancy of the building. 2. Only wall-mounted signs subject to the limitations of Section 214 of the City Code shall be permitted. 3. The proposed use shall only be permitted when it can be demonstrated that the operation will not generate levels of traffic which reduce the existing level of service as defined by the Institute of Traffic Engineers on streets at intersections. 4. The proposed use in the opinion of the City Council would be compatible with the area in which it is proposed to be located. 5. The building owner and/or agent shall be responsible for informing any prospective tenant that the property is zoned for industrial use. Ms. McPherson stated the request meets conditions 2, 3 and 5. The 1993 request generated parking concerns. However, those concerns have been alleviated somewhat by a change in the tenant mix and amount of vacant space available in the building. If this request is approved, 120 out of the 163 spaces provided would be required for all the uses currently located in the building. There is 11,000 square feet of vacant space. Using the speculative parking ratio, this space would require 22 spaces. There are 43 spaces available to cover the required 22 spaces should the remaining vacant square footage be filled. Ms. McPherson stated the 1993 request generated several concerns from the police department regarding the level and types of crime at the facility. The petitioner, after withdrawing the request, has worked diligently to reduce crime incidences at the site since 1994. There is a memo in the agenda packet from the police department stating that they have no concerns regarding the petitioner's request at this time. 2.�2 PLANNING COrIlKISSION MEETING, NOVEI�ER 5, 1997 PAGE 3 Ms. McPherson stated the hours of operation, which were of some discussion during the last request, are 11 a.m. to 6 a.m., Sunday through Saturday. Staff is recommending, however, that previous stipulations regarding management of the facility be carried forward to this request. Ms. McPherson stated the proposed expansion will allow the addition of a dining area of 400 square feet, additional billiard space of approximately 1800 square feet, a dart area and an expanded video game area. In addition, there will be some storage space provided by this expansion. Ms. McPherson stated staff recommends approval of this request with the following stipulations: 1. No juveniles shall be allowed in the University Billiards facility without their parents beyond the curfew time for their age group. 2. The petitioner shall provide adequate adult staff at all times with at least two adults on staff from 6:00 p.m. to closing on Fridays and Saturdays. 3. The petitioner shall patrol the parking lot and manage its misuse. 4. No alcoholic beverages shall be served or allowed on the premises. 5. The development owner shall notify the City of future additions/expansions of vacant building space and shall accept limitations on occupancy of remaining vacant space should parking shortages result. The development owner shall agree in writing to accept this stipulation prior to the approval of the special use permit by the City Council. Mr. Oquist asked if staff had heard from the owner regarding stipulation #5. Ms. McPherson stated no. The owner did receive a copy of the staff report. Prior to the City Council meeting, staff will make sure the owner understands that stipulation. Mr. Asproth stated he was the owner of University Billiards. They opened in 1988 so they are going on their 10-year anniversary in Fridley. The last three years since coming before the Planning Commission and the City Counci:l have been the most satisfying years of their business. They have developed a good relationship with the police, the outreach workers and participated in more 2.03 PLANNING CO1�lISSION MEETING, NOVEL�ER 5, 1997 PAGE 4 community outreach programs than they ever did before. They set that goal three years ago to become a business that you and others would notice as a good business and one that you would want to visit. They have improved their business and their image. Their commitment was always to be the best at what they do. They will continue to focus on being a part of the community and hope that the Planning Commission would help them expand their business. Ms. Savage asked the age of the patrons and what the patrons do there. Mr. Asproth stated they serve patrons of a variety ages. They are young adults, those with families, to older people. They have specials for senior citizens and for young families. Their goal is to have a mix of customers. He thought they had an average age of 17 to 25 as their biggest group of customers which was perhaps 50% of their business. The rest is split. Ms. Savage asked if the petitioner had any problems with any of the stipulations. Ms. Asproth stated no. He talked to the leasing agent of the building regarding stipulation #5. The agent was not sure what that meant and will talk to staff about that. He was aware that there are stipulations with the building anyway for how much parking they must have for the uses that are in there. He wondered if this was something beyond that or a part of the code for that building. He has no objection to the stipulations. Mr. Kondrick asked staff to provide the owner with the parking spaces that he must have and/or the limitations for spaces so they know where they are at. Ms. McPherson stated that the actual University Billiards space will have adequate parking. They need 63 spaces of the 163 provided. It is the remaining 11,000 square feet of vacant space which is the unknown at this time. Staff wants to work with the owner to make sure that future tenants have adequate parking spaces. Staff can work with the petitioner and the owner regarding stipulation #5 between now and the City Council meeting. Mr. Sielaff asked the petitioner how they had achieved the reduction in crime over the last three years. Mr. Asproth stated they worked hard at it. He put on more staff. They went through training with their staff on how to handle situations and how to keep the parking lot from becoming a problem. They have had a rule since they opened that someone would walk through the parking lot every 10 to 15 minutes. The parking lot is their biggest concern because most of the problems 2.04 PLANNING CO1�II�lISSION MEETING, NOVEI�ER 5, 1997 PAGE 5 are in the parking lot. They had always stressed that but they did not always follow up. They decided to make sure that this did happen. They trained staff on how to go through the parking lot. If they see people coming in and sitting in their car, they ask that person to leave or come in. In 1993-94, the curfew was 9:30 p.m. and it was for loitering. There was not a strong message to them as to what loitering was. If someone came in and waited for a pool table, that was not loitering to them. Since then, the new rules have come out and it helps them know where to draw the line. They keep young kids from there later on. He thought that was a big part of the problem. They thought they were doing a good job, but they were shocked when they heard they were not at the time of the last request. Mr. Sielaff asked if the additional stipulations are over and above what the petitioner is doing now. Mr. Asproth stated the stipulations are minimal for what they do. They go far beyond that. They have two staff at closing because the business slows down in the morning. During the night, they may have 5 or 6 people on staff at one time. That is the only way they can serve their customers. Regarding stipulation #1, they work closely with the outreach group. They will check to see how we are doing. The staff enforce the curfew each night with an announcement over the PA system and then going around and carding patrons. � Ms. Modig asked how many people the petitioner has out in the parking lot. Mr. Asproth stated they have one staff person at a time check the lot. MOTION by Mr. Kondrick, seconded by Mr. Oquist, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DFsCLARED THE MOTION CARRIED �iND THE PUBLIC HEARING CLOSED AT 7:47 P.M. Mr. Oquist stated he had no problem with the request. The five stipulations seem to cover it. The petitioner has done some things since the last request. Mr. Saba stated it seems that everything is working. MOTION by Mr. Sielaff, seconded by Mr. Oquist, to recommend approval of Special Use Permit, SP #97-09, by Greg Asproth of University Billiards, Inc., to allow the expansion of a commercial recreation facility in an industrially-zoned district, on Lots 4, 5, and 6, Block l, Paco Industrial Park, except the North 35 feet 2.�rJ PLANNING CON�lISSION MEETING, NOVEI�ER 5, 1997 PAGE 6 of said Lot 4, generally located at 7178 University Avenue N.E., with the following stipulations: 1. No juveniles shall be allowed in the University Billiards facility without their parents beyond the curfew time for their age group. 2. The petitioner shall provide adequate adult staff at all times with at least two adults on staff from 6:00 p.m. to closing on Fridays and Saturdays. 3. The petitioner shall patrol the parking lot and manage its misuse. 4. No alcoholic beverages shall be served or allowed on the premises. 5. The development owner shall notify the City of future additions/expansions of vacant building space and shall accept limitations on occupancy of remaining vacant space should parking shortages result. The development owner shall agree in writing to accept this stipulation prior to the approval of the special use permit by the City Council. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. McPherson stated the City Council would review this request on November 24. 2. PLTBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT, SP #97-10. BY RON STELTER OF FRIENDLY CHEVROLET: To allow the expansion of an automobile sales facility on Lot 1, Block 1, Friendly Chevrolet Addition, generally located at 7501 Highway 65 N.E. MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to waive the reading of the public hearing notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED �1�TD THE PUBLIC HEARING OPEN AT 7:49 P.M. Ms. McPherson stated this request complies with one stipulation from a previous rezoning request. The special use permit request is for Friendly Chevrolet at 7501 Highway 65 N.E. and would allow the expansion of a car dealership. They are proposing a 104,650 square foot parking lot. Ms. McPherson stated, in 1996, the owner of Friendly Chevrolet 2.�6 PLANNING CONII�IISSION MEETING, NOVII�ER 5, 1997 PAGE 7 completed a 3,904 square foot, two-story expansion onto the existing dealership facility. Recently the Planning Commission reviewed a request for a replat of property with the adjacent Brenk Brothers property to the east and a rezoning from M-4, Manufacturing Only, to C-3, General Shopping Center. This special use permit request complies with one of the stipulations of approval for the rezoning request. Ms. McPherson stated the purpose of the request is to construct an expanded parking facility to the east of the main dealership and service facility. The parking lot will provide space for new car stock, cars waiting to be serviced, and employee vehicles. The proposed parking area meets the setback requirements of the C-3 district. The petitioner requested a variance to reduce some of the setbacks but that request was withdrawn. The expansion will add an additional 280 parking spaces for a total of 866 spaces on site. One of the stipulations is for a revised landscape plan to be submitted for approval by staff. The landscape plan that was submitted as part of the rezoning request was amended through some stipulations on the rezoning and plat request. The petitioner has submitted grading and drainage plans which have been reviewed by staff and found to be complete. Ms. McPherson stated staff recommends approval of the request with the following stipulations: 1. No cars shall be parked in the boulevard or on any landscaped areas. 2. The petitioner shall provide curb and gutter along the entire perimeter of the parking area. 3. The petitioner shall submit a new landscape plan to be approved by the City prior to the commencement of the parking reconfiguration. 4. Barbed wire shall not be installed if the expanded parking area is fenced. 5. The parking lot shall be striped at 10 feet. 6. No cars or other vehicles shall be parked in a manner so as to impede the free travel of vehicles in areas intended as drive aisles. Ms. McPherson stated some of these stipulations do carry forward from previous approvals. Mr. Kondrick asked why the barbed wire on the fence was not to be there. 2.a7 PLP,NNING CONIl�IISSION MEETING, NOVEN�ER 5, 1997 PAGE 8 Ms. McPherson stated barbed wire is prohibited by the City Code. There is a separate section in the City Code which regulates fences by location and type and barbed wire is prohibited. This is due to aesthetics and for public safety. While it is a good theft deterrent, it can cause injury. Mr. Oquist asked if stipulation #2 was for the new parking area. Ms. McPherson stated yes. Ms. Modig stated, regarding the barbed wire, a stipulation from a previous request stated the barbed wire shall not be installed on the new fence and shall be removed from the existing fence. Ms. McPherson stated this was correct. Staff is unsure of exactly what the petitioner's plans are for a fence. This stipulation would be for a new fence around this particular part of the facility. The stipulation from the previous request requiring removal of the barbed wire on any existing fence would still carry forward. Mr. Kondrick asked what the height limitation is for the fence. Ms. McPherson stated, because this is a commercial facility, the fence can go as high as 8 feet. Ms. Modig stated stipulation #6 refers to parking vehicles so as not to impede traffic. At night, they put cars in the parking places at drive ins to the building. Does this prohibit them from doing this? Ms. McPherson stated the intent is not to prevent that particular activity. Staff is trying to prohibit cars being parked so closely that there is no free travel for moving vehicles in and around the parking facility. Mr. Stelter stated he was the secretary/treasurer of Friendly Chevrolet. They have no problems with the stipulations. He reviewed the stipulations with the owner who is in agreement. MOTION by Mr. Kondrick, seconded by Mr. Oquist, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:55 P.M. Ms. Modig stated she had no problem with the request. She asked if they needed to say anything regarding the on-street parking. 2.08 PLANNING COI�lISSION MEETING, NOVEI�ER 5, 1997 PAGE 9 Ms. McPherson stated the stipulation regarding parking on the rezoning will run with the property. MOTION by Mr. Sielaff, seconded by Ms. Modig, to recommend approval of Special Use Permit, SP #97-10, by Ron Stelter of Friendly Chevrolet, to allow the expansion of an automobile sales facility on Lot 1, Block 1, Friendly Chevrolet Addition, generally located at 7501 Highway 65 N.E., with the following stipulations: 1. No cars shall be parked in the boulevard or on any landscaped areas. 2. The petitioner shall provide curb and gutter along the entire perimeter of the parking area. 3. The petitioner shall submit a new landscape plan to be approved by the City prior to the commencement of the parking reconfiguration. 4. Barbed wire shall not be installed if the expanded parking area is fenced. 5. The parking lot shall be striped at 10 feet. 6. No cars or other vehicles shall be parked in a manner so as to impede the free travel of vehicles in areas intended as drive aisles. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. McPherson stated this request would be reviewed by the City Council on November 24. '_ I : � �11�_ � � 'i_�� . � �_._� _ •� •�i •� � • • •e . MOTION by Mr. Kondrick, seconded by Mr. Oquist, to receive the minutes of the Parks & Recreation Commission meeting of October 6, 1997. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. ' ' � _ u �11� _ • � : � � --i- • �I� _ _ • u _ �i'�� • •: •• � MOTION by Ms. Modig, seconded by Mr. Sielaff, to receive the minutes of the Appeals Commission meeting of October 8, 1997. 2.09 PLANNING CONIl�lISSION MEETING, NOVII��ER 5, 1997 PAGE 10 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. OTHER BUSINESS Ms. McPherson provided an update on City Council actions at their meeting of October 27, 1997. ADJOURNMENT . M T by Mr. Kondrick, seconded by Mr. Oquist, to adjourn the meeting. UPON A VOICFs VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE NOVEN�ER 5, 1997, PLANNING COI�Il�IISSION MEETING ADJOURNED AT 7:57 P.M. Respectfully submitted, � ��V �i" � } � �(�� Lavonn Cooper Recording Secretary 2.10 S I G N— IN S H E E T PLANNING COMMISSION MEETING, �Wednesday, November 5, 1997 . Name Address/Business � \ o,�.� S�e ��v ��n: Q� c�.�, c�� `l So l�W ��S N� � r �° �<Z S C7� � V ✓l, c J � � ��s •vt� S � � � �-/ �-t. .3 .� , �� 1r (� ° ; U � �� 2.11 CITY OF FRIDLEY PROJECT SUMMARY DESCRIPTION OF REQUEST: The petitioner, University Billiards, is proposing a 2,778 square foot expansion of its operation at 7178 University Avenue into an adjacent vacant space within the Rice Creek Business Center. The proposed expansion will allow the addition of up to 6 pool tables, a new dining area, an expansion of the pro shop, and bathrooms. The total operations area will be 11,370 square feet if the expansion is approved. SUMMARY OF ISSUES: Section 205.17.01.C.(4) of the City Code allows the issuance of a special use permit for a commercial recreation use within an industrial building. The petitioner attempted to expand to 13,792 square feet in 1993-94. The petitioner withdrew the request due to the Police DepartmenYs concerns regarding the level of crime at the site. There was also inadequate parking available, one of the five conditions which must be met. Since 1994, the petitioner has worked with the Police Department to reduce the crime incidences. The request is also for less space than in 1994. The request now meets the five conditions in Section 205.17.01.C.(4). The stipulations regarding management of the facility have been carried forward from previous approvals. STAFF RECOMMENDATION TO THE PLANNING COMMISSION: The request meets the conditions established in Section 205.17.01.C.(4). Staff recommends that the Planning Commission recommend approval of special use permit request, SP #97-09, to expand the commercial recreation facility, with the following stipulations: 1. No juveniles shall be allowed in the University Billiards facility without their parents beyond the curfew time for their age group. 2 The petitioner shall provide adequate adult staff at all times with at least two adults on staff from 6:00 p.m. to closing on Fridays and Saturdays. 3 The petitioner shall patrol the parking lot and report suspicious activities to the police. 4. No alcoholic beverages shall be served or allowed on the premises. 5. The development owner shall notify the City of future additions/expansions of vacant building space and shall accept limitations on occupancy of remaining vacant space should parking shortages result. The development owner shall agree in writing to accept this stipulation prior to the approval of the special use permit by the City Council. PLANNING COMMISSION ACTION: The Planning Commission voted unanimously to recommend approval of the request to the City Council with the stipulations recommended by staff. CITY COUNCIL RECOMMENDATION: .3.01 Staff recommends that the City Council concur with the Planning Commission action. Project Summary SP #97-09, University Billiards Page 2 Petition For: Location of Property: PROJECT DETAILS A special use permit to allow the expansion of a commercial recreation facility in the M-1, Light Industrial district 7178 Unive�sity Avenue Legal Description of Property: Lots 4-6, Block 1, Paco Industrial Park Size: Topography: Existing Vegetation: Existing Zoning/Platting: Availability of Municipal Utilities: Vehicular Access: Pedestrian Access: Engineering Issues: 4.1 acres; 178,558.38 square feet Flat Typical suburban; sod, trees, shrubs in landscape beds M-1, Light Industrial; Paco Industrial Park, 1979 Connected Commerce Circle East West University Avenue Bikeway None Comprehensive The Zoning and Comprehensive Plans are consistent in this Planning Issues: location. Public Hearing Comments: To be taken 3.02 Project Summary SP #97-09, University Billiards Page 3 WEST: S TH: EAST: ADJACENT SITES: Zoning: M-1, Light Industrial Zoning: P, Public Zoning: M-2, Heavy Industrial Land Use: Multi-tenant industrial Land Use: Community Park Land Use: Industrial N RT : Zoning: C-2, General Business Land Use: Health Club Site Planning Issues: REQUEST: The petitioner, University Billiards, is proposing a 2,778 square foot expansion of its operation at 7178 University Avenue into an adjacent vacant tenant space within the Rice Creek Business Center. The proposed expansion will allow the addition of up to 6 pool tables, a new dining area, an expansion of the pro shop, and bathrooms. The total operations area will be 11,370 square feet if the expansion is approved. SITE DESCRIPTION/HISTORY: Located on the parcel is a single story, masonry, multi-tenant building. The property is zoned M-1, Light Industrial. There is additional industrial zoning to the east and west. Zoning to the north is C-2, General Business. Zoning to the south is P, Public facility. University Billiards is defined as a commercial recreation use and, therefore, is reuqired to obtain a special use permit in the M-1, Light Industrial district. In February 1988, the City issued the first special use permit to allow the establishment of University Billiards. At that time, the facility was 5,186 square feet. In July 1988, the City Council reviewed this special use permit for compliance with the original 11 stipulations. At that time, the City Council chose to remove four of the stipulations, including the limit on hours of operation. In 1989, the petitioner filed a second special use permit to allow a 3,400 square foot expansion into an adjacent tenant space, bringing the total floor area to 8,592 square feet. This request was approved with six stipulations. A 1993 request to expand the facility to 13,792 square feet was withdrawn due to police concerns. 3.03 Project Summary SP #97-09, University Billiards Page 4 ANALYSIS: Section 205.17.01.C.(4) allows the issuance of a special use permit for commercial recreation uses subject to the following conditions: The parking supply shall be in compliance with the requirements of Section 205.17.05 of the City Code and be sufficient to support full occupancy of the building. 2. Only wall-mounted signs subject to the limitations of Section 214 of the City Code shall be permitted. 3. The proposed use shall only be permitted when it can be demonstrated that the operation will not generate levels of traffic which reduce the existing level of service as defined by the Institute of Traffic Engineers on streets at intersections. 4. The proposed use in the opinion of the City Council would be compatible with the area in which it is proposed to be located. 5. The building owner and/or agent shall be responsible for informing any prospective tenant that the property is zoned for industrial use. The petitioner has previously demonstrated that items 2, 3, and 5 can be met by the use. The City Council's granting of the previous requests has demonstrated that the City Council agrees that the use is compatible with the area it is located. In previous requests, the parking requirements were of most concern regarding the expansion. Adequate parking is again a concern for the present request since a large tenant has vacated the building since the 1994 request. The proposed expansion will increase the area occupied by University Billiards to 11,370 square feet or 19% of the building. They will require 63 spaces after the expansion. Based on the tenant usage supplied by United Properties, 110 spaces are currently required by all tenants within the building. A total of 120 spaces would be used by all tenants if the request is approved. The spaces are dedicated for the carpet design tenant customer parking prior to 8:00 p.m. at night. One hundred and sixty-three (163) parking spaces are provided on-site. There is 11,000 square feet available of vacant, leaseable space. If staff uses the speculative parking ratio of one space per 500 square feet, 22 spaces would be required for the remaining vacant space. There are, however, 33 parking spaces available, providing the owner more leasing flexibility than in the 1994 request. If the request is approved, the owner should acknowledge the possible leasing limitations due to lack of parking. A parking agreement currently exists which permits Bally's Swim & Fitness patrons to use 3.04 Project Summary SP #97-09, University Billiards Page 5 the northern parking stalls of the Rice Creek Business Center during off-peak hours which increases the parking demand at the center. POLICE DEPARTMENT CONCERNS: In 1994, the Police Department expressed strong concerns with the proposed expansion. Their concerns included the number of crimes occurring at the site, the amount of juveniles present after curfew hours, and the presence of drugs and alcohol in the parking lot. Since 1994, the management of University Billiards has worked with the Police Department to eliminate these concerns. The Police Department has submitted a memo indicating that they have no concerns with this request. The current hours of operation are from 11:00 a.m. to 6:00 a.m., Sunday through Saturday, or, in some instances, a 8:00 a.m. closing time typically occurs on Fridays and Saturdays. Staff suggests that the stipulations from past requests regarding management be retained for this request. STAFF RECOMMENDATION TO THE PLANNING COMMISSION: The request meets the conditions established in Section 205.17.01.C.(4). Staff recommends that the Planning Commission recommend approval of special use permit request, SP #97-09, to expand the commercial recreation facility, with the following stipulations: 1. No juveniles shall be allowed in the University Billiards facility without their parents beyond the curfew time for their age group. 2. The petitioner shall provide adequate adult staff at all times with at least finro adults on staff from 6:00 p.m. to closing on Fridays and Saturdays. 3. The petitioner shall patrol the parking lot and report suspicious activities to the police. 4. No alcoholic beverages shall be served or allowed on the premises. 5. The development owner shall notify the City of future additions/expansions of vacant building space and shall accept limitations on occupancy of remaining vacant space should parking shortages result. The development owner shall agree in writing to accept this stipulation prior to the approval of the special use permit by the City Council. 3.05 Project Summary SP #97-09, University Billiards Page 6 PLANNING COMMISSION ACTION: The Planning Commission voted unanimously to recommend approval of the request to the City Council with the stipulations recommended by staff. CITY COUNCIL RECOMMENDATION: Staff recommended that the City Council concur with the Planning Commission action. 3.06 . s ii i 73 A�E PE NE V Ai AbE NE 3 7 •• �-,r . - _ C r .� ._ __.� _-: _� zonug oesig,�«�s: � I�1 - a,e Farriy urrts 0 f�2 - Two Farrily Urits � R-3 - Ga�,ral Mi6ple Urrts R 4- Mobile Fbrne Parks � PUD - Plamed Urrt Develaprt�errt - S1 - Hyde Park Nei�borhood 0 s2 - � a�a � G1 - Local &�s+ness 0 G2 - C-,ener'al Business � G3 - General Sfx�ppiing PP � GR1- Gener'al Office o�, -�� o �.2 -�� 0 nn,'i - outdoor Urtensve Fi�vy �rxi. � RR - F�ailroecls 0 P - Ptblic Facilibes p warEx � PoC�FiT-0FWAY r � i < � � � � � � i Y � N SP 97-09, University Billiards A request by Greg Asproth, awner, to add an additional 2800 square feet to the existing billiard spaoe. 3.07 � � �! 73 AVE PE � - C� � '' ,Q�� a �� eY , �: . ' - �� a t e_`s1. 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F� �� f ,ii Fridley Police Department Memorandum To: Michelle McPherson From: Dave Saliman `� G� Date: October 22, 1997 Re: University Billiards In response to your request for information on University Billiards, the police department does not object to the proposed expansion. I have reviewed the reported crime in the area immediately sunounding University Billiards and there does not appear to be any trend that would indicate a problem at that location. In 1997 tfiere have been a total of 39 police calls for service to the location with most being in the service category as opposed to crime. There has been one incident which resulted in four persons being assaulted which is not unusual for this type of establishment. The police officers have informed me that management has been fairly cooperative in dealing with issues such as curfew, juvenile drinking, etc. In summary the management of the University Billiards appeazs to have responded well to the concerns which were raised in the past concerning the conduct on and azound the premises. We have no concern over their expansion at this time. Let me know if you have further questions regarding this issue. 3. io CITY OF FRIDLEY PLANNING COMMIS3ION MEETING, JANUARY 12, 1994 -----------------------------------------------------------� ---- CALL TO ORDER• Vice-Chairperson Kondrick called the January 1, 1994, Planning Commission meeting to order at 7:30 p.m. ROLL CALL• Members Present: Dave Kondrick, De Saba, Diane Savage, Brad Sielaff, L oy Oquist Members Absent: Dave Newman�Connie Modig Others Present: Barbara acy, Community Development Director Miche McPherson, Planning Assistant Dav Sallman, Director of Public Safety G g Asproth, University Billiards y Wilson, University Billiards Sarah Gardner, 3300 Edinborough Way, Edina Julie Brunner, 7235 East River Road MoTIO by Mr. Oquist, seconded by Ms. Savage, to approve the Dec er 22, 1993, Planning Commission minutes as written. iJ�PON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. 1Tabled) CONSIDERATION OF A SPECIAL USE PERMIT SP #93-17 BY UNIVERSITY AVENUE BILLIARDS. INC Per Section 205 . 17 . O1. C. ( 4) of the Fridley City Code, to allow an expansion of a commercial recreation use on Lots 4, 5, and 6, Block l, Paco Industrial Park, except the North 35 feet of said Lot 4, generally located at 7178 University Avenue N.E. MOTION by Mr. Oquist, seconded by Ms. Savage, to remove SP #93-17 from the table and to continue the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. McPherson stated the Planning Commission reviewed this special use permit request at the December 22, 1993, meeting. The petitioner is proposing to add an approximately 6,000 square foot expansion onto the existing University Billiards space located at 7178 University Avenue N.E., which will bring the total square footage of the commercial recreation use to 13,792 square feet. The addition would allow the petitioner to add 16 pool tables, five 3. 71 PLANNING COMMISSION MEETING, JANIIARY 12, 1994_ PAGE 2 arcade games, two dart games, an expansion to the existing kitchen, and the addition of a pro shop. Ms. McPherson stated that at the December 22, 1993, meeting, staff recommended that the Planning Commission recommend denial of this request due to the lack of adequate parking provided on the site. Ms. McPherson stated that at the request of the petitioner and the building owner, staff has re-evaluated the parking requirements. The original number of spaces was calculated based on 10 foot wide stalls which is the size required in commercial districts. However, an ordinance change in the last three years permits nine foot stalls on properties which are zoned industrial. In recalculating the number of spaces using nine foot stalls, there are 179 spaces available on site which are more than adequate to handle both the proposed expansion by University Billiards and the reoccupancy of the last remaining 6,000 square feet of leasable space. However, because of the winter conditions and the amount of snow, staff was unable to verify if the parking lot is currently striped at nine feet. Ms. McPherson stated staff has added stipulation number 8 which states: "As weather permits, the petitioner shall verify the parking stall width and restripe the parking lot if necessary. Ms. McPherson stated staff is still recommending the seven stipulations as presented at the December 22 meeting. The stipulations are as follows: 1. The hours of operation shall be limited from 8:00 a.m. to 1:00 a.m. 2. No juveniles shall be allowed in the University Billiards without their parents after 9:30 p.m. 3. The petitioner shall provide adequate adult staff at all times with at least two adults on staff from 6:00 p.m. to closing on Fridays and Saturdays. 4. The petitioners shall patrol parking lot and manage its misuse. 5. No alcoholic beverages shall be served or allowed on the premises. 6. The development owner shall notify the City of future additions/expansions of vacant building space and shall accept limitations on occupancy of remaining vacant space should parking shortages result. The development owner shall agree in writing to accept this stipulation prior to the approval of the special use permit by the City Council. 3.12 PLANNING COMMISSION MEETING, JANIIARY 12, 1994 PAGE 3 7. The special use permit shall be reviewed by the City Council one year from the date of approval or sooner if the City determines there is a management problem which requires further restrictions or removal. 8. As weather permits, the petitioner shall verify the parking stall width and restripe the parking lot if necessary. Ms. McPherson stated that at the December 22 meeting, the Commission spent a lot of time discussing the testimony provided by the Police Department. Public Safety Director Dave Sallman is at the meeting to restate the department's concerns regarding this request and to answer any questions the Commission may have. Director Sallman stated he would. like to state the Police Department's position on this special use permit request. When a situation affects the public safety and crime prevention of the City, they feel obligated to state that opinion. In this particular case, the strip mall in which University Billiards is located, along with U.S. Swim & Fitness, had twice as many crimes committed over the past year than the strip mall at East Moore Lake Commons. Director Sallman stated they selected East Moore Lake Commons because it is the closest in the City with a health club to make a comparison. When they met with the owners of University Billiards, the Police Department offered to use any strip mall they wished the Police Department to use for crime comparisons. Director Sallman stated they are not saying that the owners of University Billiards run a bad business or do not do a good job. Calling the police on some of these issues shows that the owners have shown some responsibility to deal with the issues that occur within their building. The point he is trying to make is that other businesses do not have to do that. The Police Department has received complaints from other business owners saying that the Police Department is not doing its job because of the damages that occur to vehicles parked outside their businesses in this strip mall. Director Sallman stated the question could be asked: Should University Billiards be held responsible for the conduct of what occurs around them? That is a decision the Commission will have to make. In the Police Department's opinion, if it was not for University Billiards being at that location and being open almost 24 hours per day, this would not be an issue. Director Sallman stated that regarding juveniles, there is a requirement that juveniles be off the street at 9:30 p.m. The owners of University Billiards allow juveniles of a certain age to stay until 10:00 p.m. and another age to stay until 12:00 p.m. 3.13 PLANNING COMMIS3ION MEETING, JANIIARY 12, 1994 PAGE 4 Director Sallman stated that even though the business does not have a liquor license and drinking is not allowed, it might as well have a liquor license because there is drinking in the parking lots. The only alcohol offenses that the Police Department can enforce on private property are DUI's or under age drinking. Director Sallman stated that even if all juveniles (under age 18) are asked to leave University Billiards by midnight, there are a number of juveniles, aged 18-21, who �have still been drinking. That is not the concern of the owners, but it is against the law. Ms. Savage stated that stipulation #1 states that the hours of operation would be limited from 8:00 a.m. to 1:00 a.m., and stipulation #2 states that no juveniles shall be allowed in University Billiards without their parents after 9:30 p.m. Did Director Sallman believe these two stipulations would help? Director Sallman stated that if the Commission recommends approval of this special use permit, the Police Department would like those restrictions added. Juveniles are responsible for some of the problems going on at this location. Mr. Sielaff asked when is the most frequent calls for service. Director Sallman stated about 39% of the calls for service occur after 1:00 a.m. A lot of people do not know.when the actual crime is committed and report the crimes when they are discovered. The calls for service include lockouts, medicals, etc. Mr. Oquist stated that at the last Planning Commission meeting, there was also some discussion about U. S. Swim & Fitness being open 24 hours a day. It wasn't clear to him whether some of the crime issues were related to the billiards business or to the health club. Director Sallman stated it is the Police Department's opinion that the crime is related to the billiards business. As stated earlier, 39 0 of the calls for service to the billiards operation occur after 1:00 a.m. In comparison, 15% of the calls for service to the health club occur after 1:00 a.m. The health club is not a comparable business, and there is a much smaller number of people at the health club between 1:00 - 8:00 a.m. I�Ir. Saba asked if a police officer ever goes into University Billiards. Director Sallman stated police officers do walk through University Billiards as time permits. Mr. Kondrick stated that at the last Planning Commission meeting, the Commission members had brought up the fact that more lighting might be a deterrent to crime in the parking lot. Did Director Sallman think that more lighting would be a deterrent and would prevent some of the crime that is happening to adjacent businesses? 3.14 PLANNING COMMI38ION MEETING, JANUARY 12. 1994 PAGE 5 Director Sallman stated it is reasonable to assume that more lighting would cut down some of the crime activity. Mr. Kondrick asked if the Folice Department believed it is important for University Billiards to close at 1:00 a.m. Director Sallman stated that the bars must close at 1:00 a.m. He does not see much difference between a bar and University Billiards, with the exception that minors can be at University Billiards because they do not have a liquor license. The City has control over establishments with liquor licenses when there are reports of underage drinking, etc., and they do not have that control with University Billiards. That is the Police Department's reason for the 1:00 a.m. closing time. He believed a lot of University Billiards' business after 1:00 a.m. is post bar rush. Mr. Greg Asproth, co-owner of University Billiards, stated there are a lot of things that Director Sallman said that he does not agree with, and there are some things that he does agree with. He did agree that if their business was not there, there would be less cr�.me in this area. Making them look like they have all underage drinkers and things going on almost on a regular condoned basis is very far from the truth. He stated they fight tooth and nail to run the cleanest establishment they can. It is nearly impossible for the owners of this kind of business to control everything that goes on in the parking lot. Over the last two year period, they have had over 300,000 customers. The percentage of crime compared to those 300,000 people is relatively low. Mr. Asproth stated that he and his partner, Ty Wilson, do not like to see juveniles drinking. They patrol the parking lot regularly, and all employees are instructed to ask juveniles to leave immediately if they are drinking, or they call the Police Department which they have been encouraged to do. If they are limited to the 1:00 a.m. closing time, it won't stop the teenage drinking. The teenagers will just go somewhere else to drink. It will just change the crime rates to other places and maybe these other places will not do as good a job as they do to control the problems. Mr. Asproth stated that when University Billiards expanded their business before, they did have stipulations which they followed. They have made a point to watch the parking l�t tighter and tighter, because they agree that is where the biggest problem is. Mr. Asproth stated their business is a good, healthy business. A lot of the 150,000 customers per year are from Fridley. There are people who work nights who come in and play, and those people would not be able to play if the City puts on these limitations. Mr. Asproth stated the parking lot is full every night. They don't feel they can handle very many more cars than what they already have, but they need more room in the building for more tables. 3.15 PLANNING COMMISSION MEETING, JANIIARY 12, 1994 _ PAGE 6 Their goal with the expansion is to better serve the customers they have now. They have a waiting list almost any night of the week. Customers wait 2-3 hours to get a table. If they are required to close at 1:00 a.m., many of their customers would not be able to play and their competing businesses would thrive. Right now, University Billiards is the biggest and the best at what they do. Ms. Savage stated she could not recommend approval of the special use permit if the petitioners are not in agreement with the stipulations recommended by staff. Mr. Asproth stated they want to follow every law and rule to make their business successful, but they cannot afford to expand if they are required to abide by some of these stipulations. Every other billiard room in the Twin Cities area is open at a minimum until 4:00 a.m.; the maximum is all night. There are 8-10 billiard rooms in the Twin Cities area. Mr. Saba asked if the petitioners have done any studies about added security. Mr. Asproth stated they have the option to put in more lighting. They could also do more security, especially on weekends. He called their leasing company about getting estimates on lighting. The leasing company wanted to know how many lights and how many candle watts per light. He stated it is difficult to know what they want and what the City would require. However, they would be happy to add more lighting. Mr. Saba asked if the petitioners allow drinking in the parking lot. Mr. Asproth stated they do not tolerate any drinking. When they see someone drinking, that person is kicked out permanently. They have a long list of people who have been asked not to come back. Mr. Kondrick stated he believed that lighting is part of the answer to the crime problem at this location. They have to either find some way to prevent so many police calls to this location, or they are going to have to enforce a closing of 1:00 a.m. Mr. Asproth stated that if the City wants to stop all crime, then all the bars should be closed and no liquor licenses issued. He stated that it sounds like the Police Department is coming to their place very night, but that is not the case. There are a lot of combined offenses by certain people. They cannot deny that there is crime out there, but they cannot control it all. They just do the best they can to control it. The majority of the people they attract are good people and are going to suffer because of the few bad people who make the business look bad. He would invite every Commission member to visit their business. 3.16 PLANNING COMMISSION MEETING JANIIARY 12 1994 PAGE 7 Mr. Oquist asked if Director Sallman had talked to any of the people from other communities that have billiard rooms about whether they are experiencing problems. Director Sallman stated that they have checked with the City of Elk River. Because the City of Elk River was also experiencing crime problems, it restricted the hours to 1:00 a.m. Coon Rapids Billiards is having more problems inside than Fridley has and would like to do something about it. Director Sallman stated he believed it is true that University Billiards is the best run billiard room in the Twin Cities. The owners are honest and sincere in saying that they do as good a job as they are capable of doing. The Police Department's concern is based on past history. The problems are still there; and if there is an expansion, the Police Department sees an expansion of the problems that are already there. Mr. Asproth is right about the fact that the Police Department is not there every night. Ms. Savage asked Mr. Asproth's position on stipulation #2 stating that no juveniles shall be allowed in University Billiards without their parents after 9:30 p.m. Mr. Asproth stated it is a hard issue. They have a lot of 17 year- olds who come in with their girlfriends after a football game. with this restriction, they would have to sit at the door and monitor and tell these teenagers they cannot come in anymore. It is an issue they can deal with, but by not allowing them in, it is sending these teenagers to another billiard room that is not run as well as theirs is. They follow the curfew law which is no loitering or loafing any time after 9:30 p.m., and they are even stricter than the City's curfew law. They card and do not allow minors, 17 years old and younger, into the establishment after midnight. At 10: 00 p.m. , they ask all minors, 16 years old and younger, to leave. Mr. Ty Wilson, co-owner of University Billiards, stated when they researched the business before opening, they decided that the nicer and classier place they had, the less chance they would have of attracting the undesirable people. They spared no expense in making their place nice and first class. With the expansion, besides putting in a restaurant and pro shop, they also plan to spend a considerable amount on maintenance, new carpeting, etc. This will make the place even nicer and less comfortdble for the undesirable people than when they first opened. Mr. Wilson stated that as far as the parking lot issue, he believed a vast majority of the problems stem from thefts in their parking lot, and most of these thefts occur after 1:00 a.m. But, after 1:00 a.m., there are not many cars in public parking lots, other than University Billiards, restaurants, etc. He believed if they light up the parking lot more, it would vastly help the problem. 3.�7 PLANNING COMMISSION MEETING JANUARY 12 1994 PAGE 8 Mr. Wilson stated a majority of their business is before 1:00 a.m. than after 1:00 a.m. However, if people are going to leave their houses at 10:00 p.m. to play pool and they know there is a waiting list of at least an hour, with a closing time of 1:00 a.m., they will go somewhere else that has a later closing time. People who come later anticipate playing until 2:00-3:00 a.m. Closing at 1:00 a.m. would hurt their business tremendously. Mr. Wilson stated they are very opposed to alcohol drinking. They have common sense rules that must be followed. Most people do obey the rules, and they make examples of the people who do not obey the rules. Some very good customers have been kicked out forever. This sends the message that certain things will not be tolerated. Mr. Wilson stated he understands the City's problem about crime. They run the most successful billiard room in the state. One of the reasons it is so successful is because he and Mr. Asproth are there every night to see what is going on and to enforce the rules. Their goal was to open up the nicest, non-alcoholic, billiard room in the whole State of Minnesata. They are successful because their place is a safe, clean, fun place to play pool. To put these stipulations on them would put a stranglehold on their business. Mr. Kondrick asked when University Billiards closes. Mr. Wilson stated they have no restrictive hours now. They generally stay open until 5:00 a.m. on weekdays and 7:00 a.m. on weekends. Mr. Sielaff referred to stipulation #7 which states: "The special use permit shall be reviewed by the City Council one year from the date of approval or sooner if the City determines there is a management problem which requires further restrictions or removal." He asked the petitioners if they could live up to that stipulation. Mr. Asproth stated he believed they can. They would not agree to that stipulation if they did not feel confident that they could abide by it. Mr. Saba stated that at the last Planning Commission meeting, the petitioners mentioned the possibility of a video camera aimed at the parking lot. Is this a possibility for added security? Mr. Wilson stated they have discussed the possibility of a video camera, not only for the parking lot, but also inside the building itself. Mr. Oquist asked if.there is any possible compromise on the closing time. Mr. Wilson stated that is difficult. The customers who come in at 12:00 or 1:00 a.m. want the option to play until 4:00 - 6:00 a.m. 3.�s PLANNING COMMISSION MEETING JANIIARY 12 1994 PAGE 9 Mr. Asproth stated the majority of the crime-related activities appear to be happening during University Billiards' busiest hours which are 10:00 - 2:00 a.m. So, a closing time of 1:00 a.m. is not going to solve those problems. Director Sallman stated that it is probably true that most of the problems are going to occur during the time when University Billiards is its busiest. The Police Department's issue is not what goes on inside the business; the owners do a fine job of running the business. The problem is it is a place to hang out. He stated he believed the Police Department has been kind by limiting the scope of its study to the mall rather than expanding it to the whole grid area and comparing it to another industrial grid. MOTION by Mr. Sielaff, seconded by Mr. Oquist, to close the public hearing. _ UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 8:50 P.M. Mr. Kondrick stated that at the last Planning Commission meeting, the Commission members had discussed the issue of more lighting, and he wished the petitioners had done more to show that lighting might be part of the answer to these problems. Mr. Oquist stated He sees the hours seems to be after a good business. they could add more lighting as a stipulation. as the real issue. A fair amount of the business 1:00 a.m. It sounds like the owners try to run Mr. Saba stated the owners do run a good business. The problem is that the business is drawing the wrong element, and limiting the hours might not be the answer to this type of situation. The element is going to be there any time between 10:00 p.m. and 1:00 a.m. and after. Ms. Savage stated she only sees more problems if the business is allowed to expand. More lighting might help, but people still commit crimes when lights are on. She did not believe the petitioners would agree to any compromise regarding the hours. No one is saying that the owners are not doing a good job, but that is irrelevant. When you have a place that stays open almost all night where a lot of people can congregate, that is a built-in situation for problems. Mr. Sielaff stated he sees stipulation #7 regarding the review of the special use per�nit as the key. The owners have said they are willing to assume the risk of that stipulation. The owners have a lot to lose if things do not improve. It certainly gives the owners an incentive to do whatever they can to help eliminate the crime that is happening now. 3.19 PLANNING COMMI33ZON MEETING, JANIIARY 12, 1994 PAGE 10 Ms. Savage stated she does not see anything special about this business that it should be allowed to stay open later than 1:00 a.m. Mr. Saba stated that he agreed with Mr. Sielaff, but Director Sallman's concern is that this type of business draws a bad element. At the last Commission meeting, the Commission asked for a study to be done on security and lighting. He stated he was disappointed that the petitioners had not done any kind of study for the staff and Commissioners to review. He had hoped the Commission would have some data on security measures that can be taken to reduce crime. He would had a difficult time recommending approval of this special use permit request without enforcing some restriction on the hours, even though he is not convinced that is going to solve the problem. Ms. Savage stated it is not necessarily a"criminal element" that is_committing these crimes. There are kids who are o.k. kids most of the time, but they are going through a period in their lives and when they get together late at night, they can cause problems. Mr. Oquist stated this is a place for people to hang out. He agreed with Ms. Savage that they are not necessarily talking about a criminal element. Limiting the hours (stipulation #1) will negatively affect the business and will stop the expansion, but it will not solve the problems that are happening now. He would like to see the Commission delete stipulation #1, add a stipulation regarding security, and strengthen stipulation #7 regarding the� review of the special use permit. Mr. Saba stated he would also like a stipulation added about security and lighting and to strengthen stipulation #7 as much as possible, possibly with a review after six months, after one year, and annually after that. Ms. Savage stated that sounds like they are�pinning their hopes on security and lighting. She believed that with the expansion and the same hours of operation, there would just be more problems. She believed there should still be some limitation on the hours. MOTION by Mr. Oquist, seconded by Mr. Sielaff, to approve special use permit, SP 93-17, by University Billiards, Inc., per Section 205.17.O1.C.(4) of the Fridley City Code, to allow an expansion of a commercial recreation use on Lots 4, 5, and 6, Block 1, Paco Industrial Park, except the North 35 feet of said Lot 4, generally located at 7178 University Avenue N.E., with the following stipulations: l. No juveniles shall be allowed in the University Billiards without their parents after 9:30 p.m. 2. The petitioner shall provide adequate adult staff at all times with at least two adults on staff from 6:00 p.m. to closing on Fridays and Saturdays. 3.20 � PLANNING COMMIS3ION MEETING, JANUARY 12, 1994 PAGE 11 3. 4. The petitioners shall patrol parking lot and manage its misuse. No alcoholic beverages shall be served or allowed on the premises. 5. The development owner shall notify the City of future additions/expansions of vacant building space and shall accept limitations on occupancy of remaining vacant space should parking shortages result. The development owner shall agree in writing to accept th�is stipulation prior to the approval of the speeial use permit by the City Council. � 6. The special use permit shall be reviewed by the City Council every six months for the first two years and annually thereafter. 7. As weather permits, the petitioner s�iall verify the parking stall width and restripe the parking lot if necessary. . 8. A security, lighting, and surveillance plan• shall be submitted prior to consideration by City Council. UPON A VOICE VOTE, SAVAGE VOTING. NAY, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED. . Ms. Savage stated she would like more information from�the Police Department on the types of calls and types of crime to be submitted to the Council. This might be useful information for the Council to see if there is an increase in calls during the later hours. Ms. McPherson stated this item will go to City Council on February 7, 1994. MOTION by Mr. Saba, seconded by Ms. Savage, to move.item #3 to the second item on the agenda. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED UNANIMOIISLY. 2. PUBLIC HEARING: CONSIDER� �93-18, BY JULIE BRUNNER: Per Section 205.07.O1.C.(1) accessory buildings other over 240 square feet on the 6, Block 1, Hillcrest, ge��i Road N.E. / o the Fridley City Code, to allow an the first accessory building south half of Lot 5 and all of Lot erally located at 7235 East River MOTION by Mr. Saba, seconde� by Mr. Sielaff, to open the public hearing. / 3.21 CITY OF FRIDLEY PLANNING COMMI88ION MEETING, DECEMBER 22� 1993 CALL TO ORDER• Chairperson Newiaan call�d , the December �� Commission meeting to order at 7:30 p.m. � ROLL CALL• Memlaers Present: Members Absent: Dave� Newman, Dean �Saba, LeRoy Oquis , Connie Modig Diane S age, Brad Sielaff , �1993, Plannirig Dave Kondrick, . . � Others Present: Mic le McPherson, Planning Assistant S ah Gardner, 3300 Edinborough Way, Edina, 1�II�T y Wilson, University Billiards, Inc. Greg Asproth, University Billiards, Inc. APPROVAL OF D EMBER 8 1993 PLANNING COMMISSION MINUTES: MOTION b Mr. Oquist, seconded by Ms. Modig, to approve the Decembe 8, 1993, Planning Commission minutes as written. UPOI�iA VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED TH8 1��TION CARRIED UNANIMOUSLY. , l. PUBLIC HEARING• CONSIDERATION OF A SPECIAL USE PERMIT, SP #93-17, BY UNIVERSITY BILLIARDS. INC.: Per Section 205.17.O1.C.(4) of the Fridley City Code, to allow an expansion of a commercial recreation use, on Lots 4, 5, and 6, Block 1, Paco Industrial Park, except the North 35 feet of said Lot 4, generally locat�ed at 7178 University Avenue N.E. MOTION by Mr. Saba, seconded by Mr. Kondrick, to waive the reading of the public hearing notice and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:35 P.M. Ms. McPherson stated the subject parcel is located in the Rice Creek Business Center which is located at the intersection of Commerce Circle South and Commerce Circle East. University Avenue runs north and south along the easterly edge of the subject parcel. The property is zoned M-1, Light Industrial. There is C-2, General Business District, zoning to the north. Directly to the north of the subject parcel is U.S. Swim & Fitness. To the east is M-2, Heavy Industrial, and additional M-1, Light Industrial, zoning to the west. 3.22 PLANNING COMMISSION MEETING DECEMBER 22 1993 PAGE 2 Ms. McPherson stated the petitioner received a special use permit in 1988 which established the business. Eleven stipulations were issued under the first special use permit in February, 1988. At that�time, the facility was 5,186 sq. ft.. In July, 1988, the City Council reviewed the special' use. permit f.or compliance with •the stipulations and chose to remove ��of�the stipulations includi�nq the one regarding hours of operation. In 1989, a second special use permit was issued to expand the facility to its current 7,792 sq. ft. There were 6.. stipulations as �condition of approval for that expansion. The petitioner has complied with all of those stipulations. � � Ms. McPherson stated.the petitioner is requesting to expand into two vacant tenant spaces--one to the west and one to tiie south of the existing space. This expansion space will allow the addition of 16 pool tables, five arcade games, two dart games, an expansion to the kitchen facility, and the addition of a pro shop. The total square footage for this tenant would then total 13,792 sq. ft. Ms. McPherson stated that under Section 205.17.O1.C.(4) of the zoning cod�, a special use permit may be issued for commercial recreation use complying with 5 standards: 1. The parking supply is to be in compliance with the requirements of the City code and be sufficient to support full occupancy of the building. 2. Only wall mounted signs are permitted. 3. The use is to demonstrate that it will not generate levels of traffic which reduces the existing level of service on adjacent streets. 4. The City Council needs to be of the opinion that the proposed use if compatible in the area it is located. 5. The building owner/agent shall be responsible for information any prospective tenant of the property's actually zoned for industrial, and not commercial, use. Ms. McPherson stated the Code section also allows for some flexibility in the maximum gross floor area for both tenant size and percentage of total building to be considered on an individual tenant specific basis. Ms. McPherson stated the petitioner has previously demonstrated that the items 2, 3, and 5 can be met by the use . By granting previous special use permits, the City Council has demonstrated that they agree that the use is compatible in this area. 3.23 PLANNING COMMISSION MEETING, DECEMBER 22, 1993 PAGE 3 Ms. McPherson stated that in the 1989 request, the staff analysis focused on parking requirements of the facility and the subject parcel. Again, staff is concerned about the parking situation. Based on staff analysis, the proposed expansion will increase the area occupied by the tenant to 13,792 sq. ft. or �ppr.oximately 24� of the�buil�ding.. Based on the uses within the'tenant spaces, staff has calculated that 82 spaces will be required by this tenant alone which is approximately 1/2 of that provided by the site. Currently, tenant usage needs 132 spaces and.this will increase to 162 if the proposed expansion is approved... . . � Ms. McPherson stated there are 166 parking spaces provided on site. If the proposed expansion is approved by the City Council, there will be 6,003 sq. ft. of vacant, leasable space�remaining. ` If staff uses the speculative parking ratio of one space per 500 sq. ft. , 12 spaces will be required in order to lease the remaining space to a tenant of indeterminate use. However, there are only four spaces remaining after the expansion which would then leave the parcel underparked. To avoid an underparking situation, the managemerit company would be limited to leasing the remaining 6,003 sq. ft. to a tenant which is strictly or predominantly warehouse with a small office space. Ms. McPherson stated the management company is attempting to acquire a reciprocal cross parking agreement with U.S. Swim and Fitness to the north. Currently, U.S. Swim and Fitness is allowed to use spaces in the University Billiards portion of the parking lot during peak hours for the fitness center. Staff has had previous experience with U.S. Swim and Fitness patrons in which they have created parking problems on Commerce Circle East. A memo included in the staff report documents the staff concerns. Ms. McPherson stated the police department also has some concerns as indicated in the memos included in the staff report and in the information distributed at the meeting which documents calls for service at University Billiards as compared to Joe DiMaggio's. The concern of the police department is the presence of juveniles under the age of 18 in the tenant space after 9:30 p.m. which is in violation of-the curfew ordinance. At the time the staff report was written, the police department recommended three actions regarding this request: 1. The present request be denied; 2. The hours of operation be limited to 8:00 a.m. to 1:00 a.m.; and 3. That no juveniles be allowed in University Billiards without their parents after 9:30 p.m. Ms. McPherson stated the current hours of operation are from 11:00 a.m. to 6:00 a.m. or possibly even 8:00 a.m. depending on the number of patrons in the facility. 3.24 PLANNING COMMTSSIO_N MEETING. DECEMBER 22, 1993 PAGE 4 Ms. McPherson stated that if the Planning Commission chooses to approve the request for the expansion, the request by the police department to limit the hours of operation and eliminate the presence of juveniles after 9:30 .p.m.., has� been �recommended , as stipulations for appr.oval. However, based on the analysis and the.. fact that parking is a concern, approval of the request would result in a lack of adequate parking for the site. Ms. :McPherson .stated_staff is recommending that the Planning Commission recommend denial of the request to expand the commercial recreational facility for three reasons: � 1. The petitioner�has adequa�e use of the facility as a result of a previous expansion approved by the City Council. 2. The increased parking demand generated by the expanded use leaves little or no flexibility for the property owner for re-occupancy of the building to more intensive uses. 3. Documented parking supply problems with U.S. Swim and Fitness. Ms. McPherson stated that if the Planning Commission chooses to approve the special use permit, staff recommends the following stipulations as conditions of approval: 1. The hours of operation shall be limited from 8:00 a.m. to 1:0o a.m. 2. No juveniles shall be allowed in the University Billiards __without their parents after 9:30 p.m. 3. The petitioner shall provide adequate adult staff at all times with at least two adults on staff from 6:00 p.m. to closing on Fridays and Saturdays. � 4. The petitioner shall patrol parking lot and manage its misuse. 5. No alcohol beverages shall be served or allowed on premises. 6. The development owner shall notify the City of future additions/expansions of vacant building space and shall accept limitations on occupancy of remaining vacant space should parking shortages result. The development owner shall agree in writing to accept this stipulation prior to the approval of the special use permit by the City Council. 3.25 PLANNING COMMISSION MEETING, DECEMBER 22, 1993 PAGE 5 7. The special use permit shall be reviewed by the City Council one year frnm the date of approval or sooner if the City determines there is a management problem which requires.further.restrictions or removal. • �� . Mr. Saba asked if, regardi�g the police statistics, Ms. McPherson knew �here the contacts were made at.the University Billiards or in�the proximity of the.facility.,. . . . Ms. McPherson�stated she did not have an opportunity do discuss the specifics of the police data. The information was provided just prior to the meeting. She believes the information pertains to�the general area in and around the two facilities, Universit� Billiards and Joe DiMaggio's. Mr. Newman stated that page three of the staff report lists five conditions set out in the ordinance. The third condition speaks to the use when it can be demonstrated that the operation will not generate levels of traffic, etc. The proposal talks about increasing traffic and asked if that is something the Commission would have to re-examine again for.each request for a special use permit. Ms. McPherson stated it is; however, in that particular area, the roads are designed for industrial use. The road design itself is adequate. While staff did not analyze the actual number of trips generated by the additional square footage, the petitioner has pointed out that their hours of operation are opposite the typical uses in the building. Therefore, while total traffic generated in the area will be increasing, the traffic will likely occur opposite average use. Mr. Newman asked if the petitioner has seen the memos. Ms. McPherson stated she did provide copies to the petitioners prior to the meeting. Mr. Asproth, an owner of University Billiards, stated their peak hours are from 9:00 p.m. to 3:00 a.m. U.S. Swim and Fitness' peak hours are over by 8:00 p.m. He does not anticipate more cars by expanding but rather the elimination of the waiting list for pool tables. There has not been a parking conflict with the other tenants in the'building. The owners plan to compile documentation of how many cars they have during business hours since University Billiards is open from 11:00 a.m. Normal business hours run until 5:00 p.m., and University Billiards does not have very many customers between those hours. Mr. Asproth plan to be. midnight an stated they are currently not Approximately 30� of their d 3:00 a.m. Many nights ther 3.26 open 24 hours and do not business is between 12 e is a long waiting list PLANNING COMMISSION MEETING, DECEMBER 22, 1993 PAGS 6 and, if they close earlier, many people would not be able to play. Most of the problems have happened between 11:00 p.m. and 1:30 a.m. partially because they do not have enough tables. Long waiting lists create more anxiety. More space to seat people and more pool tables will help them oversee and better manage customers. Limiting.hours to 1:0U a.m. or 2:00 a.m. �ill hav2� a:-negative effect, because they would be required to close during the peak of their business and many people would not have had a chance to play pool.. University Billiards does not have a bar, and 90� of �the revenue comes from.playing pool. If required to close early,_they would need to serve alcohol in order to survive. They do not�know of any non-alcohol pool rooms that close at 1:00 or 2:00 a.m. Mr. Asproth stated University Billiards is the premier �nd busiest place to play pool in Minnesota. If they are required to change hours, their work and investment to be the best will be taken away. Currently, staff posts and enforces.curfew rules. The way he understands the curfew rules is as loafing or loitering after 9:30 p.m. if under age. The way staff enforces the curfew is, after midnight, to card and refuse the business of all minors 17 years and younger. At 10:00 p.m., staff ask all 16 years and younger to leave even if they are playing pool and not loitering. This is not an easy task. After 9:30 p.m., youth of this age can go to movies, attend football games and dances, and they don't understand it when they are asked to leave the billiard hall. Mr. Asproth stated he and his partner have been at the site every night since April 1988, and they want to make sure that the curfew and rules are maintained. They announce over the intercom when minors must leave, and they go around and card people. They currently have approximately 10 employees with an average age between 23 and 24. If the hours are cut, jobs too will be cut. They currently have 5-6 employees every weekend and holiday nights with at least two people at closing time. They have 3-4 employees during the weekday nights at peak hours and l-2 at closing time, not including the owner(s) present. Mr. Asproth stated the employees walk the parking lot every 10-15 minutes to remove any loiterers and pick up trash. They hired a parking lot attendant for awhile when there were a rash of car break-ins. They believe that the thieves who were caught were not customers, but drive-by thieves capitalizing on the possibility of getting car stereos. They ban any customer permanently for drinking. They do not accept alcohol in or around their business. Mr. Asproth stated that when reading the statement from the police department, he was surprised and confused about the 143 calls for service. Since he or his partner, Ty Wilson, are present every night and neither they, nor their employees have called that many times, he can only guess that these calls include customers that lock their keys in the cars, the times the police have driven through and questioned people, or when they have called in for 3.27 PLANNING COMMI3SION MEETING, DECEMBER 22, 1993 PAGE 7 missing or runaway kids or for medical reasons. They also know these numbers are combined with U.S. Swim and Fitness calls. Mr. Asproth stated that what he finds confusing is that they hardly made a call the first.two.years in business. The officers�openly encouraged them �to ca�Tl in, :and they did :make calls before trouble happened. Their goal is to have a clean, safe place for people to play pool and not worry about trouble makers. They run the strictest and safest pool room around.� They recently talked with an officer and asked him how �hey rated. TYie otficer said that .for a11 the .people the businesses attracts, they�have very'few problems. He stated the officers know they try hard. � Mr. Asproth stated the Moore Lake Health Club closes at midnight and U.S. Swim and Fitness is open 24 hours. He does not know the number of customers at Joe DiMaggio's. University Billiards has approximately 300-400 people on a weekday and 550-650 people on weekends, and approximately 300,000 people over a two-year period. He stated a few bad people have tarnished their reputation and what is overlooked is all the good people that come through their doors. He thinks he has proven to the police department that they are dedicated�to running a good business. Mr. Asproth stated their investment is very large, and they hope these changes and additional space will spread the people around a little more and have them playing pool rather than waiting a long time to get a table. If they are allowed to expand they will one of the best upscale, non-alcohol rooms in the U.S. They will attract a better and older clientele by serving good food at a reasonable price. Their customers will be better served, and 5-6 more jobs will be created as a result of the expansion. Ms. Modig stated the memo showing the comparison of calls to the police department shows 143 total calls for University Billiards. Does that seem more in keeping with what you think would be your calls? Mr. Asproth stated they call about once per month. When he sees this, he does not know where it comes from. They do not have that many problems. Ms. Modig stated the comparison shows 24 alcohol related offenses. Since this is a non-alcohol establishment, how are these numbers explained? Mr. Asproth stated this must happen outside, because they do not allow alcohol in the facility. Ms. Modig stated the peak hours are between midnight to 3:00 a.m. and that seems to go along with the hours that the bars close. That seems to contribute to the problems even though University Billiards is not serving alcohol. 3.28 PLANNING COMMISSION MEETING DECEMBER 22 1993 PAGE 8 Mr. Asproth stated they do not really see a bar rush. They often do not hear about these either. Some people are pulled over as they come in, and they, the owners, do not know about it. He does not condone drinking and he would� like it if no one. drank�• when coming to their business. As far as the other calls, he has a hard time figuring out how the number of calls could change so drastically. Mr. Saba �stated one report appears to be detailed information whi.le another seems to be a summary of�the data. � Ms. McPherson stated the chart�in the memo of December 21, 1993; documents 143 incidents. The police picked those incid�nts which they feel can lead to more violent crimes. Of the remaining 300 or so calls, these are probably the more typical calls such�as locking keys in the car, several calls for service, etc. She regrets not having had time to speak to the police department about this information in more detail. Ms. Modig stated the memo does not indicate to which establishment the calls are related. It could be U.S. Swim and Fitness or University Billiards. Mr. Saba thought a part of that could also be due to people who come to the area after a party or drinking at a bar. These people are obviously getting alcohol somewhere else since University Billiards does not serve alcohol. Mr. Asproth stated it seems strange to see -alcohol-related offenses when University Billiards does not serve alcohol. Mr. Saba asked what type of security does University Billiards maintain during the hours when these calls are made. Mr. Asproth stated their staff is large enough to watch the parking lot and the inside of the establishment. The owners are also on site every night. Mr. Saba asked if it would make sense to have a security officer, and if Mr. Asproth knew of any other places �that had a security officer. Mr. Asproth stated he did not know if having a security officer would make sense. One other place had a security officer and it is now out of business. The numbers from the police do not make sense to him. Neither he nor his staff have called even for a small percentage of these calls. Mr. Saba suggested that there may be others making calls that he. is not aware of. 3.29 p7,ANNING COMMISSION MEETING DECEMBER 22 1993 PAGE 9 Mr. Asproth stated a number of these calls must be from U.S. Swim and Fitness. Mr. Saba stated that U.S. Swim and Fitness�.is not as much of a fa�ily place as the Moore Lake Racquet Swim and Fitness, and this • perhaps�draws a different element. �. .� � Mr. Asproth stated they had approximately 300,000 people at their establishment in the past two years and, because of these numbers; _ this could happen. � � Ms. Modig asked how Mr. Asproth would address the problem with parking. � ' Mr. Asproth stated they have no parking problem. Their business is at night and does not overlap with other businesses in the center. They have open spots during their business hours. Mr. Saba asked the operating hours of University Billiards. Mr. Asproth stated they open at 11:00 a.m. but they have no set closing time. It is usually from 4:00 a.m. to 8:00 a.m. depending on the type of business they have. Holidays and weekends are busy and they stay open for the business. They usually don't find problems are because of the hours they are open. It is during peak times when there are many people there. Mr. Saba asked if people try to bring in alcohol. Mr. Asproth stated people have tried but they kick them out right away if caught. Someone has likely gotten away with it at some time but they do everything they can to stop them. Ms. Modig asked if there is someone at the door to check ID's and card patrons. Mr. Asproth stated that on weekends, they always have someone at the 3oor. During weekdays, there is not always someone there, but they have someone patrol inside to card those who appear young and to keep the place clean. In their business, it is not a good idea at a late hour to mix the young and the old. Parents do not appreciate it. Mr. Newman referred to the stipulations. Speaking hypothetically, assuming the petitioners' choice was to operate as they are now or be approved for the special use permit with the stipulations, what would be their preference? Mr. Asproth stated they would go out of business if they accepted the stipulations as proposed. With the stipulation to close at 1:00 a.m., they could not remain in business. 3.30 PLANNING COMMISSION MEETING, DECEMBER 22, 1993 PAGE 10 Mr. Newman stated it sounds as if you would prefer to stay as you are rather expand and have the hours of operation curtailed. Mr. Asproth stated, yes, if that was the choice. Their goal is to ha�e a better place.� � . _ Mr. Wilson, owner, stated the sport of pocket billiards is�booming. Over the last five years, the sport has grown by more than 50�. Last year, 37 million Americans•�played pool at one•time.or.another. �. Years ago, billiards had a one-sided personality. Zt was a�men= only sport played oftentimes in less�than reputable establishments. Today, billiards is gaining the respect it deserves. Billiards is a multi-faceted sport that allows men and women, young and old to compete on an equal basis. Strategy and concentration mark the skill of a good player, not size and strength. Mr. Wilson stated that when he and Mr. Asproth opened their pool room over five years ago, their main focus was to separate themselves from that stereotypical pool room. They bought first rate equipment and spared little expense in an effort to show that they plan to stay in business for the long term. They believe they have done just that. They offer a comfortable atmosphere for young and old alike. Mr. Wilson stated they offer organized activities every week night, weekly and monthly tournaments, ladies night on Wednesday nights, and family days on weekends. They are offering billiards as a form of recreation and entertainment. In an attempt to control loitering, they implemented a cover charge. This acts as a coupon for a discount on table time. This discourages people from coming in for any reason other than playing: Mr. Wilson stated that most billiard rooms go out of business because of poor management, absentee owners, or loss of control of clientele. In an effort to combat this, they have hired older employees and an owner is there every single night. As far as U.S. Swim and Fitness and the calls, he stated they have been instructed to call the police even if someone feels faint in any way or anything like that so that could account for some of the calls. Mr. Newman stated the most recent report excludes medically-related calls. Ms. Modig stated another billiard hall is on Highway 65 and Osborne. How does that hall compare to University Billiards? Mr. Wilson stated it does not compare because that facility serves liquor. He stated their business did not decline even though the other facility is in close proximity. Most of their customers do not want to be in a place where there is alcohol. 3.37 PLANNING COMMISSION MEETING, DECEMBER 22, 1993 PAG$ 11 Ms. Modig stated there must be some explanation for the fact that there were 24 calls related to alcohol in a two-year period for a business that serves no alcohol. Mr. Oquist stated his concern is that U.S. Swim and Fitness is tied in w�ith University Billiards, which are two different businesses. Even when talking about the Rice� Creek Business Center where University Billiards.is located, the health club is tied in as well. He is not sure the figures are comparing the same thing. Mr. Newman stated the numbers need,to be broken out so tYrey know which calls were for which business.� Mr. Oquist stated the chart indicates 89 thefts over a two year period; however, the owners are saying the calls are not coming from their business. Where are these thefts occurring? Ms. McPherson stated the police took the Rice Creek Business Center strip mall with U.S. Swim and Fitness as a neighbor and compared that to East Moore Lake Commons which has Joe DiMaggio's, the bank, etc., and Northwest Racquet Club as a neighbor. When they are talking about Joe DiMaggio's, that is East Moore Lake Commons' calls for service. If someone got into their car and realized something was wrong, pulled into a gas station and stated they were at University Billiards and someone took their stereo, it would be listed as University Billiards. Mr. Newman stated it could then be possible to assume that a call was related to University Billiards, because someone who parked in the University Billiards parking lot had walked over to another business. Ms. McPherson stated that is possible. A car could also be parked - on the street in front of the strip mall, but the call may be attributed to University Billiards even if the patron was at U. S. Swim & Fitness. Ms . Modig stated there is such a combination of parking in that area that it is hard to know where the cars are coming from. Mr. Saba stated any time that many cars are parked at that time of night there will be many problems. Mr. Kondrick stated U.S. Swim and Fitness is also open 24 hours so that does not help in terms of the crimes. Ms. McPherson stated the police have noted a definite difference between the two areas. Mr. Newman stated that when you have that many people going through there, that is less than 1/2 of 1�. Nonetheless, it does not negate the fact that there is a concentration in that area. 3.32 PLANNING COMMISSION MEETING DECEMBER 22 1993 PAGE 12 Mr. Oquist stated the peak business times are 11:00 p.m. to 3:00 a.m. so this is when there is the highest concentration of cars. If there is a parking problem, it is when the other businesses are � closed. � • - Mr. Wilson stated he does not believe they have a parking problem because it is unusual to have 10 cars during the day. •At night, they have many more clients but.the bther businesses are closed. Mr. Oquist asked if there had been complaints from the other occupants. Ms. McPherson stated there were no complaints about the_use. The complaints generated by the other tenants come as a result of the patrons of U.S. Swim and Fitness parking on the street and blocking the line of sight to get onto the street. .Mr. Barg's memo points out that he has responded to complaints such that there have been spots available in the U.S. Swim and Fitness parking lot on the opposite side of the building,.yet the street is full of cars because patrons do not want to walk. U.S. Swim and Fitness does have an agreement for parking across the street in the former Minnesota Jobs and Training site, but very few patrons are forced to use that. There is parking permitted on the street so, unless that changes, there will continue to be parking on the street. This is typically before 5:00 p.m. Mr. Wilson stated many of their clients come from some of the businesses with three shifts. They also have bar workers and other night shift workers who come in to play pool late at night before going home. It is not always a bar rush with drunks. If they see anyone obviously impaired by alcohol, they ask them to leave. They run a tight operation. Mr. Saba stated that referring to the stipulations, if the Commission recommends approval with the stipulations, do they agree with the other stipulations except the hours of operation? Mr. Wilson stated that as far as the juveniles, they don't like to mix younger kids and older patrons. They prefer and have an older crowd late at night. In order to comply, they•make an announcement and card for those under age and ask them to leave. � Mr. Newman asked the definition of a juvenile. Ms. McPherson stated a juvenile is anyone under the age of 18. She stated the police are looking for a stronger effort in making sure there are no persons under 18 regardless of whether they are playing pool. They would like to see stricter enforcement of the 9:30 p.m. rule. 3.33 PLANNING COMMISSION MEETING DECEMBER 22 1993 PAGB 13 Mr. Newman asked if having no one under the age of 18 after 9:30 p.m. would cause a problem. Mr. Asproth stated it is hard.to say yes or no. He met with Deputy Dizector Lenzme�er about this; and he had .no idea. when he wrote his �-first�meino what University Billiards did as far as�juveniles. If �a person is 17, out on a date and comes in after a football game, it is embarrassing for them to be told they cannot come in. They can be at � a football game. until .after �9:30 p.m.. TrFhere else are. � � �� they go�'ing to go? � Th�is is not a ba:d environment . They g.et � many 17 year olds at 9:30 p.m., but most play pool. Mr. Newman asked if there is a problem with the staffing requirements. _ Mr. Asproth stated this is something they are already doing. Mr. Newman asked about patrolling the parking lot and managing its use. Mr. Saba stated it sounded as if this could be done better. If most of the problems are coming from the parking lot, having � someone out there more frequently would make a difference. Mr. Wilson stated there are concerns out there. If their patrons have vandalism to their vehicles, it is hard to keep them as customers. An employee is to go out every 15 minutes but they do not always do that, but he believed they do go.out at least twice an hour. The parking'lot problem was more of a problem a year ago than it is now. Mr. Saba asked about the lighting situation in the parking lot. Mr. Asproth stated they had lights added around the building. This area is not lit like the Moore Lake Shopping area. Their parking lot is also different. On the crime issues, they make some calls, because they want to stop a crime early on. They have considered video surveillance. It would be easier to have employees monitoring if there was a camera. Mr. Wilson stated the owners have the same fear as the customers. If the patrons are uncomfortable, they will go somewhere else. Mr. Newman stated the stipulation concerning alcohol is not a problem since no alcohol is served at this location. Mr. Newman stated he is very impressed with the hands-on management, the presentation, and the owners' efforts to have a high caliber business. He also has a great deal of respect for the police department. He believed that more discussions between the owners and the police department would help address some of the 3.34 PLANNING COMMIS3ION MEETING, DECEMBER 22, 1993 PAGE 14 concerns, including parking lot concerns. By doing so, they may be able to work something out with the police department. Mr. Asproth stated he spoke to Deputy Director Lenzmeier yesterday and asked what they could do to make this work. He said he would like to keep open communication between them and the police department. � Mr. Kondrick stated that if he were another tenant in that building, he would not•like it because he wouldn't know what the billiards business is about. It is not a bad business, but it is the type of business which could create problems for the other tenants. One of the things missing here is lighting which benefits all the businesses. More light"s will deter crime and also fiave more visibility from University Avenue. Lighting is a b-ig part of the solution. The Commission should try �o insist that this be a part of this agreement. Mr. Wilson stated he agreed it will help distract some of the crime for all. Mr. Kondrick stated the owners could survey much of the parking lot from the building with more lighting. Mr. Asproth stated, yes, but it does get busy so sometimes they cannot see. Mr. Kondrick felt lighting would be the best way to tackle the problem. Mr. Saba stated he thought the police department would prefer to be called to prevent additional calls later on. The police department does encourage calls to help prevent crimes. He agreed with Mr. Kondrick that improving the lighting or surveillance or parking security people would help. He would like to see something add�d in terms of lighting. Mr. Newman asked what the owners' timeframe was for this project. Mr. Asproth stated they would like to begin construction in mid- January. Mr. Newman stated he di3 not think this is the place to work out lighting. One option is to table this and discuss it at the next meeting. Regardless of the Commission's recommendation, the request will go before the City Council. During the intervening period, the owners could meet with the police department and come up with a plan. Mr. Kondrick stated he would not be interested in going ahead unless there are more lights. It needs lights, it always has, and with lights the problems will stop. 3.35 PLANNING COMMISSION MEETING, DECEMBER 22. 1993 PAG$ 15 Mr. Saba stated he does not oppose the expansion. His concern is the security in the parking lot. If these problems are taken care of, he would be more likely to reconunend approval. Mr. Wilson stated he agreed that there are.few problems inside the premises. Most problems are outside. Ms. Modig asked Ms. Gardner to address the stipulations. Ms. Gardner stated that regarding leasing remaining space, they are working with a current tenant who is looking at taking over the vacant space for use as an office and warehouse. Regarding parking, the spec plan shows 177 parking stalls, not 166 as stated at the meeting. She does not know if a physical courit was ever done. There has never been a parking issue.. There were some parking problems with U.S. Swim and Fitness, and they did assign some stalls for tenants. Ms. Modig asked her comments regarding additional lighting. Ms. Gardner stated there lighting all around the there also. She asked light that path. From a lighting on the building needed. There is only matter if it is spent lighting. is additional lighting on the building and building now. There is a walking path if it would be possible for the City to landlord's standpoint, they did put more and would consider additional lighting as so much money available and it does not inside for construction or outside for Mr. Oquist stated there are some other issues to deal with. If the Planning Commission recommends approval, the hours of operation are to be changed from 8:00 a.m. to 1:00 a.m. Mr. Saba stated he is more inclined to approve extended hours with better security in the parking lot. Ms. McPherson stated she did discuss with the petitioner that it is possible the Commission may want to�table the request. While Deputy Director Lenzmeier clearly documented the conversations with the petitioner, there is no clear direction as to whether or not that changed the police department's attitude towards the presence of juveniles. Because of these issue, plus there has not been time for the petitioners to analyze cost issues for the lighting, it may better serve the petitioners and the Commission to table further discussion. The next City Council meeting is January 3, and these issues would need to be resolved by that time. Mr. Newman stated the Commission could also deny the request and forward it on to the City Council. 3.36 PLANNING COMMISSION MEETING DECEMBER 22 1993 PAG$ 16 Ms. Modig stated she would not be comfortable in voting against the request, but she would also not be comfortable in approving the request because of the problems indicated by the police department. She would like to see the request tabled. Mr. Saba stated he would like to see the lighting addressed before voting on the request. He would now be inclined to vote against it the request. Mr. Oquist stated there are a couple of stipulations that need to be dropped. He doesn't think the police departme�nt is as strongly against some of these things as it would appear. Staff may come back with•a different set of'recommendations. He would approve.the request with some clarification on the stipulations. He thinks there is some communication that could clarify some� of these points. Mr. Newman asked the petitioners if they would like to discuss the issues before the Commission takes further action. Mr. Asproth and Mr. Wilson stated they would like to have some more time to discuss these options. MOTION by Ms. Modig, seconded by Mr. Saba, to continue the public hearing at the conclusion of the remainder of the agenda. _ UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON�'NEWMAN DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CL03ED AT 8:58 P.M. 2. RECEIVE THF. MTNiTTF� C�F TF�TF D211?TIC �ATT1 DL�nDL�TTTr11�T /'+/'111R7��fT�+0�1�1Lt MEETING OF NOVEMBER 1, 1993 MOTION by Mr. Kondrick, seconded by Mr. Saba o receive the November 1, 1993, Parks and Recreation Commi on minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHA ERSON NEAMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. 3. RECEIVE THE MINUTES OF HOUSING AND DEVELOPMENT AUTHORITY MEETING OF NOVEMBER 1993 MOTION by Ms. Modi seconded by Mr. Kondrick, "`to receive the November 18, 1993 ousing and Development Authority minutes. UPON A VOICE MOTION CAR&I 4. PE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE UNANIMOUSLY. 3.37 PLANNING COMMISSION MEETING, DECEMBER 22, 1993 PAGE 17 MOTION by Mr. Saba, seconded by Mr. Kondrick, to receive e November 30, 1993, Environmental Quality and Energy Comm' sion minutes. IIPON A VOICE VOTE� ALL VOTING AYE� CHAIRPERSON NEWMAN CLARED TH$ MOTION CARRIED IINANIMOIISLY. 5. MEETING OF DECEMBER 6, 1993 MOTION by Mr. Kondrick, seconded by M9�"" aba, to receive the December 6, 1993, Parks and Recreation C ission minutes. UPON A VOICE VOTE, ALL VOTING AYE� MOTION CARRIED IINANIMOIISLY. 6. OTHER BUSINESS: a. Review Customer Ser,�dice Surveys NEWMAN DECLARED`TH$ Ms. McPherson stated that s part of the goals and objectives for 1993, the City Manager d' ected staff to conduct a customer service survey. Each of the se ice areas developed surveys based on their cycle of service for their program area. Community Development sent out approxima ly 95 surveys from the land use cases of the past two years an received 45 replies. To summarize the results, the petitioners elt the process was clearly explained, the staff report was w 1 organized and factual, and the meetings were conducted i a professional manner. Approximately 80� of the respondent resporided favorably. Ms. McP erson stated a summary memo about the survey was included with e agenda as well as the actual survey results. Staff pro ses to send out the surveys with the action taken letters and ta y the results on a quarterly basis with an annual review. The ritten comments received are also included. 7. PUBLIC HEARING• CONSIDERATION OF A SPECIAL USE PERMIT, SP #93-17 BY UNIVERSITY BILLIARDS, INC.: MoTION by Mr. Kondrick, seconded by Mr. Saba, to reopen the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CIiAIRPERSON NEWMAN DECLARED T8E MOTION CARRIED AND THE PUBLIC HEARING RE-OPENED AT 9:05 P.M. Mr. Asproth stated he and Mr. Wilson had discussed the issues and agree to table the request. Ms. McPherson stated the next Planning Commission meeting will be held January 12, 1994, and the next City Council meeting will be February 7. 3.38 PLANNING COMMISSION MEETING DECEMBER 22 1993 PAGE 18 Mr. Asproth stated he is not sure about the lighting. Mr. Newman stated the owners need to talk to the police department to see what they would recommend. Mr. Oquist stated employees may also be more willing to go out into the parking lot. MOTION by Mr. Saba, seconded by Mr. Oquist to receive the December 21, 1993, memo to Director Sallman regarding the visit with Greg Asproth; the December 21, 1993, memo to Director Sallman regarding comparison of calls for service; and the memo from Mr. Robert Fields regarding vandalism. � UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Mr. oquist, seconded by Mr. Kondrick, to continue the public hearing to January 12, 1994. UPON A VOICE VOTE, ALL VOTING AYE, C$AIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOUSLY. ADJOURNMENT: MOTION by Mr. Kondrick, seconded by Mr. Saba, to djourn the meeting. ITPON A VOICE VOTE, ALL VOTING AYE, CHAIR ON NEAMAN DECLARED THE MOTION CARRIED AND THE DECEMBER 22 1993, PLANNING COMMISSION MEETING ADJOURNED AT 9:20 P.M. Resp�ctfully submitted, Lavonn Cooper Recording Sec ary�• 3.39 � CITY OF FRIDLEY PROJECT SUMMARY DESCRIPTION OF REQUf ST: The petitioner, Ron Stelter, requests that a special use permit be approved to allow the expansion of an automobile agency selling or displaying new and/or used vehicles. If approved, the request would allow the construction of a 104,650 square foot parking lot. The parking lot will provide space for new vehicle storage, employee parking, and vehicles waiting to be serviced. The petitioner recently completed a plat and rezoning request. This request complies with a stipulation of the rezoning request. � SUMMARY OF ISSUES: Section 205.15.01 C.(2) of the Fridley City Code requires a special use permit for agencies selling or displaying new and/or used vehicles. The petitioner has submitted grading and drainage plans which have been approved by staff as part of the previous approvals. A new landscape plan will need to be submitted for approval. A previously submitted plan was changed to require additional landscape materials. STAFF RECOMMENDATION TO THE PLANNING COMMISSION: Staff recommends that the Planning Commission recommend approval of the special use permit with the following stipulations: 1. No cars shall be parked in the boulevard or on any landscaped areas. 2. The petitioner shall provide curb and gutter along the entire perimeter of the parking area. 3. The petitioner shall submit a new landscape plan to be approved by the City prior to the commencement of the parking reconfiguration. 4. Barbed wire shall not be installed if the expanded parking area is fenced. 5. The parking spaces shall be striped at 10 feet. 6. No cars or other vehicles shall be parked in a manner so as to impede the free travel of vehicles in areas intended as drive aisles. ! PLANNING COMMISSION ACTION: The Planning Commission voted unanimously to recommend approval of the request to the City Council with the stipulations recommended by staff. CITY COUNCIL RECOMMENDATION: Staff recommends that the City Council concur with the Planning Commission action. 4.01 Project Summary SP #97-10, Friendly ChevroleUGeo, 7501 Highway 65 Page 2 Petition For: Location of Property: PROJECT DETAILS A special use permit to allow the expansion of a car dealership 7501 Highway 65 Legal Description of Property: Lot 1, Block 1, Friendly Chevrolet Addition Size: Topography: Existing Vegetation: 287,496 square feet; 8.87 acres Flat Typical suburban Existing C-3, General Shopping Center District; Zoning/Platting: Friendly Chevrolet Addition, 1997 Availability of Municipal Utilities: Vehicular Access: Pedestrian Access: Engineering Issues: Connected Highway 65 Service Road N/A N/A Comprehensive The Zoning and Comprehensive Plans are consistent in this Planning Issues: location. Public Hearing Comments: To be taken 4.02 �� Project Summary SP #97-10, Friendly ChevroleUGeo, 7501 Highway 65 Page 3 WEST: U H: ADJACENT SITES: Zoning: R-4, Mobile Home Park Zoning: R-4, Mobile Home Park EAST: Zoning: M-4, Manufacturing Only NORTH: Zoning: M-1, Light Industrial Site Planning Issues: REQUEST: Land Use: Mobile homes Land Use: Mobile homes Land Use: Vacant/ Manufacturing facility Land Use: Manufacturing facility The petitioner, Ron Stelter, requests that a special use permit be approved to allow the expansion of an automobila agency selling or displaying new and/or used vehicles. If approved, the request would allow the construction of a 104,650 square foot parking lot. The parking lot will provide space for new vehicle storage, employee parking, and vehicles waiting to be servaced. The petitioner recently completed a plat and rezoning request. This request complies with a stipulation of the rezoning request SITE DESCRIPTION/HISTORY: The subject property is loc��ted in the northeast corner of the intersection of Highway 65 and .Fireside Drive. The pnr�perty was first used in 1960 as a mobile home sales and display lot. In 1960, the Ci11,y issued a building permit for the construction of a 49 foot by 72 foot workshop and offic�: space. Subsequent building permit activities are as follows: 1963 - 1964 - 1965 - 1971 - 1978 - Construr.;tion of a 24 foot by 24 foot detached garage Construr.:tion of a 120 foot by 140 foot mobile home sales and service t�uilding Construr:tion of a 100 foot by 150 foot storage and sales addition Construction of a 120 foot by 232 foot addition and issuance of special use permit, SP #71-10, for new and used car sales Construction of a 48 foot by 150 foot addition 4.03 Project Summary SP #97-10, Friendly Chevrolet/Geo, 7501 Highway 65 Page 4 1 g82 - Approval of a special use permit to park new vehicles on the Kurt Manufacturing property located to the north 1996 - 3,904 square feet of expansion of the building 1 gg7 - Replat and rezoning of the property ANALYSIS Section 205.15.01 C.(2) of the Fridley City Code requires a special use permit for agencies selling or displaying new and/or used vehictes. Staff has reviewed the petitioner's proposal for the expanded parking. The analysis is as follows: Setbacks The proposed parking lot expansion meets all the setback requirements set forth in the C-3, General Shopping Center district code. The petitioner applied for variances to reduce the parking setbacks but withdrew the request after the City Council tabled action on the variances. Parking Located on the property are 586 parking spaces. For the use, the code requires 76 spaces. If the use was to change, the speculative parking ratio of one space per 200 square feet of building would require 196 spaces. The proposed expansion will add an additional 280 spaces. Landscaping The petitioner submitted a landscape plan in conjunction with the plat and rezoning requests. The landscape plan was changed to add additional materials along Fireside Drive as a condition of the rezoning request. A new plan incorporating the stipulations approved with these requests should be submitted. STAFF RECOMMENDATION TO THE PLANNING COMMISSION: Staff recommends that the Planning Commission recommend approval of the special use permit with the following stipulations: 1. No cars shall be parked in the boulevard or on any landscaped areas. 4.04 Project Summary SP #97-10, Friendly Chevrolet/Geo, 7501 Highway 65 Page 5 2. The petitioner shall provide curb and gutter along the entire perimeter of the parking area. 3. The petitioner shall submit a new landscape plan to be approved by the City prior to the commencement of the parking lot reconfiguration. 4. Barbed wire shall not be installed if the expanded parking area is fenced. 5. The parking spaces shall be striped at 10 feet. 6. No cars or other vehicles sha11 be parked in a manner so as to impede the free travel of vehicles in areas intended as drive aisles. PLANNING COMMISSION ACTION: The Planning Commission voted unanimously to recommend approval of the request to the City Council with the stipulations recommended by staff. CITY COUNCIL RECOMMENDATION: Staff recommends that the City Council concur with the Planning Commission action. 4.05 . • I • h/�� _ r. �" ,; n�� '! M[K � � � � � � �/WEIE .; AAYE IE �n� o�,�«,�: 0 f�1 - One Fartily lArts 0 1�2 - Two Farrily lkrts 0 1�3 - C�ener'al M�tiple Urrts R 4- Nbbile Home Parks � p�p " Rarried UM Developrr�ent - S1 - FNde Paric Nei9hborhood 0 S2 - RedevebPRe�t Distrid 0 G1 - Local 8usiness 0 G2 - C�ner'al &siness - G3 - � ��9 � GR1- C�al Offioe 0 �, - � i�,�r� 0 A+F2 - F�N Indtstrial - �3 - Outdoor Irtensive HeavY Irxi � � - Raitroeds 0 p - Rblic Fadlibes p wA� f—I PoGFfT-OF WAY ►fTi t`I �"�" ` - r. � ��-.�:,� r � Q � � $ � � � � � .�:��:��:I:� � ��. � .� � I r � 3'i i••`� •. : . .. � ��n� ■'�� ` iii : �� 1� � i��' �� . -: . � •� � : .1� ■1� � � � � � A1RMI[IE � � �� AA1iElE � al01OIlOAEf1E A/NiEIE � � �'. � i I � n�� SP 97-10, 7501 HIGHWAY 65 A request by Friendly Chevrolet to�allow expansion of a car dealership in the C 3, General SilOppirig Ceriter' D1Str1Ct. 4.06 N A 2/�J57 �ed �ld C�1 fi'O�YI �ICI� f�00fC15 b� afl OR�fI�IOB %Io. 70 �'ld ZD�11flg N�p E�R dabe �rn/5s �og�h� vu+n, aN arr,e�,�ng «dr,- anoes adopted arxi effective as of 2117/97. 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S` '` '-�.;: _.c� ' �-;� . r : � � •' . . �i .� �'t . . t, � �r�� ;. <r►�' .�� s � _��,�.p�� ti <. ', s � � , R .�,..��, .-G. �., I " � „ . � ' �� " .:� . .... " � : � ' .�. . _ .'z._ � �.. , �'��Z.. . �. . _ R.n,."�..,: . . . , , •a.t. .:. .. _ .. _ .. � �...bt .. . �+it_ .ziJ..-r:�. . . . � .. MEMORANDUM DEVELOPMENT DIRECTOR DATE: November 20, 1997 TO: William Burns, City Mana er �� g �, FROM: Barbara Dacy, Community Development Director Grant Fernelius, Housing Coordinator SUBJECT: Resolution Certifying Parcels for Phase II of the Housing Replacement Program On October 23, 1995 the HRA created a Housing Replacement District Plan for Housing Replacement District No. 1. The Housing Replacement Program is a financial tool for the HRA to use in recouping some of the costs of acquiring and redeveloping substandard residential property. The HRA can collect tax increment from the new home for a period of fifteen years. The program allows the HRA to designate up to ten sites per year over a ten year period. No more than fifty sites can be included in the program. This arrangement gives the HRA the greatest flexibility to assemble a sufficient number of sites for certification at one time. For exa.mple, in 1996 the HRA had depleted its inventory of sites and therefore did not certify any sites into the program. Eight sites were designated in Phase I in 1995. This year we are proposing to include five more sites which will make a total of thirteen parcels. The Phase II parcels include the following: 530 Hugo St. NE 1545 - 75`h Avenue NE 5925 Main Street NE 5857 Main Street NE 5800 2"d Street NE 5.01 Phase II of Housing Replacement Program November 20, 1997 Page 2 The sites are currently offered for sale and will likely be developed in 1998. As a result, the property value for tax purposes would be determined as of January 1, 1999 for taxes payable in 2000, the first year increment would be generated. Both the City Council and HRA must adopt separate resolutions to include the additional sites. The HRA adopted a resolution at their November 13, 1997 meeting. Recommendation Staff recommends that the Council approve the resolution certifying parcels for Phase II of the Housing Replacement Program. GF/ M-97-488 5.02 11/19/97 WED 13:06 FAX 612 885 5969 RRASS MONROE f�006 CITY OF FRIDLEY COUNTY OF ANOKA STATE OF NIINNESOTA RESOLUTION NO. -,_. A RESOLUTION AMENDING THE HOUSING REPLACEMENT DISTRICT PLAN FOR HOUSING REPLACEMENT DISTRICT NO. 1 TO INCLUDE PHASE II BE IT RESOLVED by the City Council (the "Council") of the City of Fridley, Minnesota (the "City"), as follows: Section l. Recitals. 1.01. It has been proposed by the Housing and Redevelopment Authority in and for the City of Fridley (the "Authority") that the Councii amend its Housing Replacement District Plan (the "Plan") for Housing Replacement District No. 1(the "District") to include Phase II, pwsuant to Laws of Minnes�ta 1995, Chapter 264, Article 5, Sections 44 through 47, inclusive, as amended and supplemented from time to time. I.02. The Council has performed all actions required by Iaw to be performed prior to the approval and adoption of an amended Plan. 1.03. The Council has determined that it is necessary and in the best interests of the City and the Authority at this time to amend the Plan for the District to include Phase II in order to further achieve the City's and Authority's goal of acquiring blighted, undeveloped or underdeveloped parcels for redevelopment or rehabilitation, and for resale as mazket rate housing. Section 2. Findin¢s. 2.01. The Council hereby finds, determines and declares that the adoption and implementation of the amended Plan is necessary to assure the development and redevelopment of market rate housing within the City. 2.02. The Council hereby finds, determines and declares that the amended Plan conforms to the comprehensive plan of the City for the development and redevelopment of the City as a whole. 2.03. The Council hereby finds, determines and declares that the Plan affords maximum opportunity consistent with the needs of the City as a whole for development and redevelopment within the District by private enterprise. 5.03 11/19/97 WED 13:07 FAX 612 885 5969 HItASS �{ONROE Page 2 - Resolurion No. 2.04. The Council hereby finds, determines and declares that the approval and adoption of the amended Plan is intended and, in the judgement of this Council, its effect will b� to promote the purposes and objectives specified in this Section 2 and otherwise promote certain public purposes and accomplish certain objectives as specified in the Plan. 2.05. The Council hereby finds, determines and declares that the City made the above fmdings stated in this Section 2 and has set forth the reasons and supporting facts for each determina.tion in the Plan and in the attached Exhibit A. Section 3. Aunroval and Adoption of an Amended Plan. 3.01. The amended Plan reflecting the addition of Phase II is hereby approved and adopted by the Council of the City of Fridley. Section 4. Filin� of Plans. 4.01. Upon approval and adoption of the amended Plan, the City shall cause said Plan to be filed with the Minnesota Departinent of Revenue. PASSED AND ADOPTED BY THE COUNCIL OF THE CITY THIS DAY OF , 1997. ATTEST: WILLIAM CHAMPA - CITY CLERK G:\WPDATAIHIFRIDI.EYU 3�DOC1CTf YRES.DOC NANCY JORGENSON - MAYOR � 5.04 [�oo� 11/19/97 WED 13:07 FAX 612 885 5969 RRASS MONROE C�j008 Page 3 — Resolution No. EXHIBIT A The reasons and facts supporting the findings for the amended Plan for the District, as required pursuant to Minnesota. Statutes. Section 469.175, Subdivision 3, are as follows: Finding that the proposed development or redevelopment in Phase II, in the opinion of the City Council, would not occur solely through private investment within the reasonably foreseeable future, and that the increased mazket value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increment for the maximum duration pernutted by the Plan. The properties located in Phase II are consistent with the criteria set forth in Section 1.5. of the Plan. In addition, the costs of acqeusition, demolition and site preparation of these properties exceeds their market values as buildable sites (see Schedule 1). 2. Finding that the amended Plan conforms to the general plan for the development and redevelopment of the city as a whole. The Authority and the City have reviewed the amended Plan and have determined that it conforms to the general plan for the development and redevelopment of the city. 3. Finding that the amended Plan affords maximum opportunity consistent with the sound needs of the City as a whole for development and redevelopment with the District by private enterprise. The City is attempting to convert undeveloped, underdeveloped and blighted properties into buildable sites for moderately priced single family housing. The Plan helps achieve this housing and planning goal by offering these sites to private developers for the construction of single family homes. These new homes will greatly increase the mazket value of the individual sites and will help prevent the spread of blighting influences in the neighborhoods in which they are located. fcj 5.05 11/19/97 WED 13:07 FAX 612 885 5969 I�2ASS MONROE [�j009 Page 4 — Resolution No. SCHEDULE 1 TO EXHIBIT A Because the private sector cannot economically develop or redevelop these parcels, it is assumed that they will remain in their current condition. As a result, there would be no increase in the mazket value without the use of tax increment assistance. Estimated Mazket Value Less Original Market Va1ue Increased Mazket Va1ue $121,359 $121 359 $ -0- With tax increment assistance it is anticipated that these pazcels will be acquired and existing houses either rehabilitated or demolished and rebuilt. Estimated Mazket Value Less Original Mazket Value Increased Market Value Less Tax Increment Present Value (See attached Exhibit 1) Net Increased Market Value 5.�s $ 475,000 ($121,359) $353,641 ($ 40,505) $ 313,136 11/19/97 WED 13:08 FAX 612 885 5969 RRASS MONROE EXHIBIT I TO SCHEDULE 1 FRIDLEY HOUSING REPLACEMENT PROGRAM - PHASE II PRESENT VALUE ANALYSIS OF TAX INCREMENT GENERATED ORIGfNAL ESTIMATED ESTIMATED 7.00% PV RATE T� TAX TAX Semi-Annual Cumulative DATE CAPACITY CAPACITY INCREMENT p�/ pV 12/01 /97 06/01 /98 12/01 /98 06/01 /99 12/01 /99 06/01 /00 12/01 /00 06/01 /01 12/01 /01 06/01 /02 12/01 /02 06/01 /03 12/01 /03 06/01 /04 12/01 /04 06/01 /05 12/01 /05 06/01 /Q6 12/01 /06 06/01 /07 12/01 /07 06/01 /08 12/01 /OS 06/01 /09 12/01 /09 06/01 /10 12/01/10 06/Q1/11 12/01/11 06J01/12 12/01/12 asroai�s 12/01/13 06/01 /14 12/01 /14 1,214 1,214 1,214 1,214 1,214 1,214 1,214 1,214 1,214 1,214 1,214 1,214 1,214 1,214 1,214 1,214 1,214 1,214 1,214 1,214 1,214 1,214 1,214 1,214 1,214 1,214 1,214 1,294 1,214 1,214 1,214 1,214 1,214 1,214 1,214 1,214 p 1,214 p 1,214 p 6,155 p 6,155 p 6,155 2,8pg 6,155 2,8pg 6,155 2,Spg 6,155 2,808 6,155 2,808 6,155 2,808 6,155 2,gpg 6,155 2,8pg 6,155 2,805 6,155 2,gpg 6,155 2,gpg 6,155 2,8Qg 6,155 2,808 6,155 2,808 6,155 2,8pg 6,155 2,gQg 6,155 2,808 6,155 2,808 6,155 2,8p8 6,155 2,8pg 6,155 2,808 6,155 2,gpg 6,155 2, 808 6,155 2,808 6,155 2,808 6,155 2,808 6,155 2,808 6,155 2,808 6,155 2,808 6,155 2,8p8 84,239 5.07 0 0 0 p 0 p 0 p 0 p 2,128 2,128 2,056 4,184 1,986 6,170 1,919 S,Q89 1,854 9,943 1,792 41,735 1, 731 13,466 1,672 15,138 1,616 16,754 1,561 18,316 1,508 19,824 1,457 2'1,282 1,408 22,690 1, 361 24,050 1,315 25,365 1,270 26,635 1,227 27,862 1,186 29,048 1,146 30,193 1,907 31,300 1, 069 32,369 1,033 33,402 998 34,401 965 35,365 932 36,297 900 37,198 870 38,067 841 38,908 812 39,720 785 40,505 40,505 40,505 �010 11/19/97 WED 13:05 FAX 612 885 5969 RRASS MONROE KRASS MONROE, P.A. � A T T O R N E Y S A T L A W ■ James R Casserty Email jamesc@�ossmonroe com Direct Dial (612) 885-]296 MEMORANDUM To: City of Fridley Attn: Grant Fernelius From: James R Casserly Greg Johnson Date: 11/19/97 Re: Housing Replacement Prograrn Phase II Our File No. 9571-13 Please find attached a preliminary analysis for Phase II of the City's Housing Replacement Progxam, and included below, is a brief narrative of the assumptions listed on the first page of the analysis. 1. Original Market Value and OriQinal Tax Capacity We have assumed that the original market value and original taic capacity of Phase II includes only the land values, as provided for in the enabling statute. These original values are $121,359 and $1,214 respectively. 2. Estimated Tax Capacitv The estimated market values are based on the sale prices you. provided. The estimated tax capacities assume the 1998 class rates of 1.0% up to and including $75,000 and 1.85% over $75,000. 3. Estimated Pro,pertv Taxes The taxes assume a blended pay 1997 tax. rate of 1.13651, based on the � tax rates you provided. StJRE 1100 SOUTHPOINT OFFICE CENTER • 1650 WEST 82ND STREET • BLOOMINGTON, MINNESOTA 55431-1447 TELEPNONE 61218�OF$ACSIMILE 612l885-5969 C�J 002 11/19/97 WED 13:06 FAX 612 885 5969 RRASS MONROE C�j 003 Mr. Grant Femelius November 19, 1997 Page -2- 4. Timine Construction is assumed in 1998, with valuation as of 1/2/99 for taxes payable in 2000. 5. Estimated Ta�c Increment Over 15 tax increment years, appro�cimately $84,239 is generated assuming 0.00% inflation. 6. Admin Fees 10.00% of the tax increment generated, or $8,424, is assumed retained by the HR.A through December, 2014. 7. Available Tax Increment After deducting admin fees from estimated tax increment, appro�cimately $75,815 is available for project expenses. Assuming a 7.00% present value rate, the available tax increment from Phase II translates into $40,505 in 1997 dollars over 15 tax increment years. Please review the at�ached and call with any questions or comments. JRC/cjw Enclosure Fridley: Housing Replacement Program Phase II G:\WPDATAIFlFRIDLEY1131CORWI4JRC.DOC • Page 2 5.09 11/19/9? WED 13:06 FAX 612 885 5969 RRASS MONROE (1) i2) (3) (4) (5) (1) i2) (3) (4) (5) Q3-30-24-23-0085 23-30-24-22-0080 23-30-24-23-0102 23-30-24-23-0095 12-30-24-11-0071 CITY OF FR(DLEY, MINNESOTA HOUSING REPLACEMENT PROGRAM - PHASE il ASSUMPTIONS 530 Hugo St. NE 5925 Main St. NE 5857 Main St. NE 5800 2nd St. N E 1545 75th Ave. N E TOTALS ORIGINAL MARKET VALUE (LAND ONLY) ORIGINAL TAX CAPACITY (LAND ONL1� 1.00% <= 75,000 1.85% > 75,Q00 03-30-24-23-0085 23-30-24-22-0080 23-30-24-23-0102 23-30-24-23-0095 12-30-24-11-0071 CONSTRUCTION VALUE TAXES PAYABLE ADMIN FEES INFLATION 530 Hugo St. NE 5925 Main St. NE 5857 Main St. NE 5800 2nd St. NE 1545 75th Ave. N E PAY 1997 BLENDED TAX RATE PV RATE C�j 004 LAND MV TAX CAP 20,900 2pg 25,100 251 26, 800 268 20,400 204 28,159 282 121,359 1,214 121,359 1,214 ESTIMATED ESTIMATED ESTIMATED MARKET TAX PROPERTY VALUE CAPACITY TAXES 110,000 'i,398 1,588 95,000 1,120 1,273 95,000 1,120 1,273 95, 000 1,120 1, 273 110,000 1,398 1, 588 TOTALS 505,000 6,155 6,995 - 1998 1999 2000 10.OQ% 0.00% 1.13651 12/97 7.00% Housing2.wk4 PREPARED BY RRASS MONROE, P.A. 11/06/97 11/19/97 WED 13:06 FAX 612 885 5969 RRASS �ONROE ClTY OF FRIDLEY, MINNESOTA HOUSING REPLACEMENT PROGRAM - PHASE II C�J 005 ORIGINAL ESTIMATED ESTIMATED LESS: AVAILABLE 7.00% PV RATE T'� T� T� ADMIN TAX Semi-Annual Cumulative DATE CAPACITY CAPACITY INCREMENT CUSTS INCREMENT PV PV 12J01/97 06/01 /98 12/01 /98 06/01 J99 12/01 /99 06/01 /00 12/01 /00 06/01 /01 12/01/09 06/01 /02 12/01 /02 06/01/03 12/01 /03 06/01 /04 12/01 /04 06/Q 1 /05 12I01/05 06/01/06 12/01 /06 06/01 /07 12/01/07 06/01 /08 12/01 /08 06/01 /09 12/01 /09 06/01 /10 12/01/10 06/01 /11 12/01 /11 06/01 /12 12/01/12 06/01 /13 12/01/13 06/01/14 12/01 /14 1,214 1,214 1,214 1,214 1,214 1,214 1,214 1,214 1,214 1,214 1,214 1,214 1,214 1,214 1,214 1,214 1,214 1,214 1,214 1,214 1,214 1,214 1,214 1,214 1,214 1,214 '1,214 1,214 1,214 1,214 1,214 1,214 1,214 1,214 1,214 1,214 1,214 1,214 6,155 6,155 6,155 6,155 6,155 6,155 6,155 6,155 6,155 6,155 6,155 6,155 6,155 6,155 6,155 6,155 6,155 6,155 6,155 6,155 6,155 6,155 6,155 6,155 6,155 6, 7 55 6,155 6,155 fi,155 6,155 6,155 6,155 0 0 0 0 0 2,808 2, 808 2,808 2,808 2, 808 2, 808 2,808 2, 808 2,808 2,808 2, 808 2,808 2,808 2, 808 2,808 2,808 2, 808 2,808 0 0 0 0 0 281 281 289 281 281 281 281 281 281 281 281 281 281 281 281 281 281 281 � 0 0 � � 0 0 � 0 0 0 2,527 2,527 2, 527 2,527 2,527 2, 527 2,527 2, 527 2, 527 2, 527 2, 527 2,527 2, 527 2, 527 2, 527 2, 527 2, 527 2, 527 2,808 281 2,527 2,808 281 2,527 2, 808 281 2, 527 2,808 281 2,527 2, 808 281 2, 527 2, 808 281 2, 527 2,808 281 2,527 2,8Q8 281 2,527 2,808 281 2,527 2,808 281 2,527 2, 808 281 2, 527 2, 808 281 2, 527 84, 239 8 424 75 815 0 p 0 p 2,128 2,128 2, 056 4,184 1, 986 6,170 1, 919 8,089 9,854 9,943 1,792 11,735 1, 731 13,466 1,672 15,138 1, 616 16, 754 1,561 18,316 1,508 19,824 1,457 21,282 1,408 22,690 1,361 24,050 1,315 25,3fi5 1,270 26,635 1,227 27,862 1,186 29,048 1,146 30,193 1,107 31,300 1, 069 32, 369 1, 033 33,402 998 34,401 965 35,365 932 36,297 900 37,198 870 38,067 841 38, 908 812 39, 720 785 40,505 40,505 40,505 Housing2.wk4 PREPARED BY KRASS MONROE, P.A. 11/06/97 5.11 MEMORANDUM DEVELOPMENT DIRECTOR DATE: November 20, 1997 TO: William Burns, City Manager �� FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Approve Memorandum of Understanding with Anoka Conservation District The City participates in the Wetland Conservation Act Administrative Expense Reimbursement Grant administered through the Anoka Conservation District. This grant program allows the City to recoup all or a portion of its costs expended in the administration of the Wetland Conservation Act. Eligible costs include staff time, consultant help, and reimbursables such as mileage. The City's portion of the Anoka County grant amount is based on population and the previous year's activity. This year, the City was reimbursed for all its costs relating to wetlands. In order to participate in this grant program, the City must approve a Memorandum of Understanding with the Anoka Conservation District. The memorandum is for January 1, 1998 through December 31, 1998. ' = ! ---_ � ' [�I►I Staff recommends that the City Council approve the attached Memorandum of Understanding with the Anoka Conservation District in order to participate in the Wetland Conservation Act Administrative Expense Reimbursement Grant Program. M M/dw M-97-479 6.01 MEMORANDUM OF UNDERSTANDING between the ANOKA CONSERVATION DISTRICT and the CITY OF FRIDLEY This memorandum of understanding is between the Anoka Conservation District, hereinafter called ACD, and the City of Fridley, hereinafter called the LGU (Local Governmental Unit). STATEMENT OF PURPOSE The ACD and the LGU have the common objective of properly and efficiently implementing the Wetland Conservation Act (WCA) of 1991. The Board of Water and Soil Resources (BWSR) has made block grants available to counties to help offset a portion of the costs associated with implementing this Act. The ACD, on behalf of the County Board, will apply for funds in the amount of $ for the City of Fridley. As part of the block grant agreement, your agency will match this amount with cash and/or in-kind services for activities related to the WCA. � - -• : • _- ' � 1. Act as the fiscal agent between the State and the LGU. 2. Reimburse the LGU on an annual basis for expenses incurred as a result of implementation of the WCA. 3. Verify, review, and compile all documentation and receipts from the LGU at year- end. Submit this information as an annual report to the BWSR. : - -� : • 1. Abide by the permanent rule of the WCA. 2. Maintain accurate and complete records documenting the expenses and in-kind services that are incurred because of the WCA. (Labor, mileage, supplies, field equipment, consultants...). 3. Submit an itemized annual report of expenditures, with any receipts, to the ACD by mid-December. A form will be sent to you for reporting purposes. : ' ��Z�1�# 1. Only those LGU's who formally adopted the WCA in resolution form by January 1, 1998 are eligible to participate in the grant program. 2. Incomplete or missing documentation (and receipts if appropriate) could result in the delay and/or denial of reimbursement for those expenses incurred. 6.�2 Memorandum of Understanding Anoka Conservation DistricUCity of Fridley Page 2 3. If an LGU at year-end has expended more than originally requested in the grant program, the LGU will be responsible for the shortage. 4. If an LGU at year-end has expended less than originally requested in the grant program, the LGU will be reimbursed only for those WCA expenses incurred and that grant overages may be reallocated at the ACD's discretion to LGU's who report excess expenditures. 5. This memorandum of understanding shall commence when executed by both parties and shall continue until year-end, unless: 1) BWSR will not or ceases to authorized funding for WCA activities; or 2) negligence is evident by activities of either party. 6. The Program conducted will be in compliance with all requirements respecting non- discrimination as contained in the Civil Rights Act of 1964 which provides that no person in the United States shall, on the ground of race, color, sex, or national origin, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any activity receiving federal and/or state assistance from the Anoka Consenration District or any agency thereof. ANOKA CONSERVATION DISTRICT : � John N. Anderson, Chairman Chris A. Lord, District Manager CITY OF FRIDLEY � : Nancy J. Jorgenson, Mayor William W. Burns, City Manager s.o3 DATE: DATE: DATE: DATE: MEMORANDUM DEVELOPMENT DIRECTOR DATE: November 20, 1997 TO: William Burns, City Manager � �� . FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Approve Termination and Release Agreement by and Between The City of Fridley and Vantage Properties In 1986, the City entered into a Development Agreement with Vantage Companies for the development of the Wholesale Club, now known as Sam's Club and owned by Wal- Mart Stores, Inc. In order to close the sale between Wal-Mart Stores, Inc. and Bachman's and to record the plat, Walton Addition, the attorney for Bachman's has requested the City approve the attached Termination Agreement, as the 1986 Development Agreement no longer applies to the property. The Termination Agreement has the City declaring that the obligations of the Developer in the 1986 Agreement have been satisfied and the City agrees to terminate the 1986 Agreement. Staff has reviewed the original agreement and concurs that the agreement should be nullified. Recommendation Staff recommends that the City Council approve the atEached Termination and Release Agreement and authorize the Mayor and City Manager to execute said agreement. 7.0� TERMINATION AND RELEASE AGREEMENT This Termination and Release Agreement ("Termination") is made by the City of Fridley, Minnesota, a Minnesota municipal corporation ("City") as of November , 1997. RECITALS: A. City and Vantage Properties, Inc., a Texas corporation ("Vantage"), entered into an Agreement dated as of Apri17, 1986, filed May 23, 1986 in the office of the Registrar of Titles, Anoka County, Minnesota, as Document No. 151234 ("Development Agreement") relating to land now platted as Outlot A, Walton Addition and Lot 1, Lot 2 and Lot 3, Block 1, Walton 2nd Addition, Anoka County, Minnesota (collectively "Land"). B. Vantage conveyed all its interest in the Land to Wembley Investment Company, a � Delawaze corporation ("Wembley") and Vantage, Wembley and City entered into an Amendment to Development Agreement dated July 30, 1987, filed October 30, 1987 in the office of the Registrar of Titles, Anoka County, Minnesota as Document No. 169347 ("Amendment"). C. Wembley reaffirmed the Amendment by Re�rmation of Amendment to Development Agreement dated October 19, 1988, filed October 28, 1988 in the office of the Registrar of Titles, Anoka County, Minnesota, as Document No. 180279 ("Reaffirmation"). D. Vantage, Wembley, or their successors in interest have satisfied all obligations under the Development Agreement, as amended, of Developer (as defined in the Agreement). E. All interest of Developer in the property subject to the Development Agreement, as amended, has been acquired by Wal-Mart Stores, Inc., a Delaware corporation ("Wal-Mart"). F. Wal-Mart has requested of City that City execute this Termination to evidence that all obligations of the Developer under the Development Agreement, as amended, have terminated and to authorize and direct the Registrar of Titles for Anoka County, Minnesota to 145246/342M01 !.DOC 7� �2 delete from the applicable certificates of title the memorials of Document Nos. 151234, 169347 and 180279. NOW THEREFORE, the City of Fridley declazes as follows: 1. The above recitals are incorporated into and made a part of this Termination. 2. The City hereby states and declares that all obligations of Developer under the Development Agreement, as amended by the Amendment, and reaffirmed by the Reaffirmation, have been satisfied; and the Development Agreement, as amended by the Amendment, and as reaffirmed by the Reaffirmation, are concluded, terminated, and of no further force and effect. 3. The Registraz of Titles for Anoka County, Minnesota is authorized and directed to delete from all applicable certificates of title the memorials of I�ocument Nos. 151234, 169347, and 180279 without the necessity of any further document or proceeding. IN WITNESS OF the above, City has caused this Termination to be duly executed as of the date above written. CITY OF FRIDLEY, l�1INNESOTA : Nancy J. Jorgenson Its: Mayor : William W. Burns Its: City Manager 145012/342M01 !.DOC �'Q� STATE OF MINNESOTA COUNTY OF ANOKA ) ) ss. ) : . ► • J � �� The foregoing instrument was acknowledged before me on November , 1997, by Nancy J. Jorgenson, Mayor in and for the City of Fridley, Minnesota, a municipal corporatian under the laws of Minnesota, on behalf of the city. My Commission Expires: STATE OF MINNESOTA COUNTY OF ANOKA ) ) ss. ) Notary Public � • � � ��li The foregoing instniment was acknowledged before me on November , 1997, by William W. Burns, City Manager in and for the City of Fridley, Minnesota, a municipal corporation under the laws of Minnesota, on behalf of the city. Notary Public My Commission Expires: THIS INSTRUMENT WAS DRAFTED BY: Moss & Barnett, A Professional Association (CAP) 4800 Norwest Center 90 South Seventh Street Minneapolis, Minnesota 55402-4129 Telephone: (612) 347-0300 145012/342M01!.DOC 7�4 City of Fridley M TO: William W. Burns, City Manager�� FROM: Jon H. Haukaas, Asst Public Works Director John G. Flora,�ublic Works Director DATE: November 24, 1997 PW97-309 SUBJECT: Change Order No. 3, I-694/TH 47 NE Ramp Reconstruction Project No. ST. 1997 - 3 MnDOT has added a minor work order and a Supplemental Agreement to the above ramp reconstruction project. The minor work order covers additional hand holes, trenching, and rigid steel conduit which will be used for traffic signal interconnection. The Supplemental Agreement renegotiates the price for bituminous pavement material in excess of 125% of the original contract quality. These items are all approved and paid far by MnDOT. The net cost of Change Order No. 3 is $11,819.50. Recommend the City Council approve Change Order No. 3 to I-694/TH 47 NE Ramp Reconstruction Proj ect No. ST. 1997 - 3. � JHH/JGF:cz 8.�� CITY OF FRIDLEY ENGINEERING DEPAR.TMENT 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MN 55432 November 24, 1997 Forest Lake Contracting Inc. � 14777 Lake Drive Forest Lake, MN 55025 SUBJECT: Change Order No. 3, I-694/TH 47 NE Ramp Reconstruction, Project No. ST. 1997 - 3 Gentlemen: You are hereby ordered, authorized, and instructed to modify your contract for the I-694/TH 47 iVE Ramp Reconstruction Project No. ST. 1997 - 3 by adding the following work: Addition: Item uantit ri � m unt 1. PVC Hand Hole with Light Duty Cover 2 Each 632.50 1,265.00 2. 2 in. PVC Trench 80 M 18.04 1,443.20 3. 2 in. Rigid Steel Conduit 40 M 31.17 1,246.80 4. Supplemental Agreement No. 1 1 LS 7,864.50 7,864.50 TOTAL ADDITIONS . . . . . . . . . . . . . . . $11,819.50 TOTAL CHANGE ORDERS: Original Contract Amount . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $453,496.01 Contract Additions - Change Order No. 1 ................................... $3,546.40 No. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4,237.50 No.3 ................................... 11,819.50 REVISED CONTRACT AMOUNT �473.099.� 8.�2 Forest Lake Contracting Inc. Change Order No. 3 November 24, 1997 Page 2 Submitted and approved by John G. Flora, Public Works Director,on the 24th day of November, 1997. Prepared by Checked by John G. Flora, P.E. Director of Public Works Approved and accepted this day of , 1997 by FOREST LAKE CONTRACTING, INC. Bob Vollhaber, Project Coordinator Approved and accepted this day of , 1997 by CITY OF FRIDLEY Nancy J. Jorgenson, Mayor William W. Burns, City Manager Approved and accepted this day of , 1997 by Metro Division Assistant State Aid Engineer 8.03 Engmeerinq Sewer Water Parks Slrects Mainten,�ncc City of Fridley MORANDUM TO: William W. Burns, City Manager ,�� FROM: John G. Flora,� Public Works Director DATE: November 21, 1997 SUBJECT: Hackmann Avenue Project No. ST. 1998 - 1 PW97-291 The attached resolution approves the final plans and specifications and authorizes the advertisement of bids for the Hackmann Avenue Street Improvement Project No. ST. 1998 - 1. Recommend Council adopt the attached resolution to allow us to advertise the project for a summer 1998 construction proj ect. JGF:cz Attachment 9.01 � RESOLIITION NO. - 1997 RFSOLUTION ORDBRING IMPROVSMSNT AND APPROVAL OF PLANS AND ORDERING ADVBRTISEMENT FOR BIDS: STREET IMPROV�NT PROJECT NO. ST. 1998 - 1 WHEREAS, Resolution No. - 1997 received the preliminary Engineering report, and WHEREAS, a public hearing was held on November 10, 1997 regarding this project, and WHEREAS, Petition No. - 1997 for the improvements in this project was received by the City Council. NOW, THEREFORE, BE IT RESOLVED THAT, the City Council of the City of Fridley, Anoka County, Minnesota�, as follows: 1. That the following improvements proposed by Council Resolution _- 1997 are hereby ordered to be effected and completed as soon as reasonably possible, to-wit: Street improvements including grading, stabilized base, hot- mix bituminous mat, concrete curb and gutter, sidewalks, water and sanitary sewer services, storm sewer system, and other facilities located as follows: HACKMANN AVE AND HACKMANN CIRCLE BETWEEN HATHAWAY AND TENNISON That the work involved in said improvements as listed above shall hereafter be designated as: STREET IMPROVEMENT PROJECT NO. ST. 1998 - 1 2. The plans and specifications prepared by the Public works Department for such improvements and each of them pursuant to the Council resolutions heretofore adopted, a copy of which plans and specifications are hereto attached and made a part thereof, are hereby approved and shall be filed with City Clerk. The Public Works Director shall accordingly prepare and cause to be inserted in the official newspaper advertisements for bids upon the making of such improvements . r' 1 i RESOLUTION NO. - 1997 Page 2 under such approved plans and specifications. The advertisement shall be published for (3) three weeks (at least 21 days), and shall specify the work to be done and will state the bids will be opened and considered at 10:00 AM ON THE 21ST DAY OF JANUARY, 1998, in the Council Chambers of the Municipal Center and that no bids will be considered unless sealed and filed with the Public Works Director and accompanied by a cash deposit, bid bond, or certified check payable to the City for five percent (5%) of the amount of such bid. That the advertisement for bids for STREET IMPROVEMENT PROJECT NO. ST. 1998 - 1 shall be substantially in the standard form. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 24TH DAY OF NOVEMBER, 1997. ATTEST: WILLIAM A. CHAMPA - CITY CLERK NANCY J. JORGENSON, MAYOR 9.03 TO: FROM: DATE: SUBJECT: City of Fridley MO William W. Burns, City Manager �� John G. Flora, Public Works Director November 21, 1997 Rice Creek Bank Stabilization Project No. 309 UM �S�'Zr7 The attached resolution approves the plans and specifications and authorizes the advertisement for bids for the Rice Creek Bank Stabilization Project No. 309. Recommend the Council adopt the attached resolution so that we may proceed with advertisement to obtain eazly bids and allow the conixactor the option of starting the project this year or the spring for completion by fall 1998. JGF:cz Attachment 10.01 RBSOLIITION NO. - 1997 RSSOLIITION ORDBRING IMPROVEMENT AND APPROVAL OF PLANS AND ORD$RING ADVSRTIS$MENT FOR BIDSs RICS CRSEK IMPROV�MENT PROJSCT N0. 309 WHEREAS, Resolution No. - 1997 received the preliminary Engineering report, and WHEREAS, a public hearing was held on November 10, 1997 regarding this project, and WHEREAS, Petition No. _- 1997 for the improvements in this project was received by the City Council, and WHEREAS, Resolution No. - 1997 ordered final plans and specifications for this improvement. NOW, THEREFORE, BE IT RESOLVED THAT, the City Council of the City of Fridley, Anoka County, Minnesota, as follows: 1. That the following improvements proposed by Council Resolution - 1997 are hereby ordered to be effected and completed as soon as reasonably possible, to-wit: Bank stabilization improvements including grading, storm sewer system, landscaping, and other facilities located as follows: RICE CREEK BETWEEN 477 AND 601 RICE CREEK TERRACE That the work involved in said improvements as listed above shall hereafter be designated as: RICE CREEK IMPROVEMENT PROJECT NO. 309 2. The plans and specifications prepared by the Public Works Department for such improvements and each of them pursuant to the Council resolutions heretofore adopted, a copy of which plans and specifications are hereto attached and made a part thereof, are hereby approved and shall be filed with City Clerk. The Public Works Director shall accordingly prepare and cause to be inserted in the official newspaper advertisements for bids upon the making of such improvements 10.02 RESOLUTION NO. - 1997 Page 2 under such approved plans and specifications. The advertisement shall be published for (3) three weeks (at least 21 days), and shall specify the work to be done and will state the bids will be opened and considered at 10:30 AM ON THE 21ST DAY OF JANUARY, 1998, in the Council Chambers of the Municipal Center and that no bids will be considered unless sealed and filed with the Public Works Director and accompanied by a cash deposit, bid bond, or certified check payable to the City for five percent (5�) of the amount of such bid. That the advertisement for bids for RICE CREEK IMPROVEMENT PROJECT NO. 309 shall be substantially in the standard form. PASS$D AND ADOPTSD BY THE CITY COIINCIL OF THB CITY OF FRIDL$Y THIS 24TH DAY OF NOVFMBER, 1997. ATTEST: WILLIAM A. CHAMPA - CITY CLERK NANCY J. JORGENSON, MAYOR 10.03 �� TO: William W. Burns � FROM: Dave Sallman � �;� DATE: November 7, 1997 RE: Drug Task Force Attached is a resolution authorizing the Mayor and City Manager to sign a Joint Powers agreement allowing Fridley to participate in the Anoka-Hennepin Drug Task Force. The task force has officers from the Anoka County Sherif�s Office, Blaine, Coon Rapids, Anoka, Brooklyn Park, Brooklyn Center, Maple Grove, and potentially Fridley. The Anoka-Hennepin Task Force was formed several years ago. Prior to that, Anoka county had a task force (with which we had officers assigned for a period of 3 years) and Coon Rapids participated in a task force with Northem Hennepin County agencies to sk�ow their cooperative efforts with the opening of the 610 bridge. We had stopped assigning an officer to the Anoka County Task Force prior to its demise because we were not satisfied with the results and felt that we could make better use of the officer in Fridley. The reason that we are now in support of assigning an officer is that it appears that the current task force is more effective. A sergeant from Coon Rapids has been assigned to supervise the unit. The Task Force has been providing some enforcement in Fridley. While we have no obligations to assist, there is a general feeling among the participating agencies that they nced our help. Since the effectiveness of the Task Force has improved, we think that it is now appropriate for Fridley to join. Also, as a practical matter, it makes sense to deal with narcotics enforcement through a multiyurisdictional agency. Drug dealers know no jurisdictional boundaries. Moreover, drug enforcement is very labor intensive and much more affordable if several jurisdictions are paying the bill. The multi-agency approach is also more likely to attract grant funding than a single entity approach. The Anoka.-Hennepin Task Force has already attracted $8,500 per officer in federal funds. We can expect that they will attract additional funding in the future. In addition to benefiting from shared grant funds, Fridley will also share in the proceeds of forfeiture. While seizing assets is not the primary intent of narcotics enforcement, it has proven to be an effective detenent as well as a means of supporting narcotics enforcement costs. One other advantage to Fridley in joining this task force is the help that it will get from the Task Force - investigating other major crimes (usually murder). Through the Task Force, we gain the advantage of being able to assemble a large number of investigators on short notice. Although the benefits are great, there is a cost. We would be expected to assign one officer to the Task Force. While we would be losing one of two people from our very effective Problem Response Team (PRT), we believe that the benefits of this approach outweigh the costs. Staff recommends approval of the agreement. 11.01 RESOLUTION NO. � 1997 A RESOLUTION OF THE CITY OF FRIDLEY, MINNESOTA, AUTHORIZING THE MAYOR AND THE CITY MANAGER TO SIGN THE JOINT AND COOPERATIVE AGREEMENT FOR THE FORMATION AND ADMINISTRATION OF THE ANOKA-HENNEPIN EM NARCOTICS AND VIOLENT CRIMES TASK FORCE WHEREAS, The City of Fridley has passed a resolution electing to participate in the Anoka-Hennepin Narcotics and Violent Crimes Task Force; and WHEREAS, Minnesota Statute 471.59 authorizes governmental units to jointly or cooperatively exercise any power common to the contracting parties; and WHEREAS, signing of the joint powers agreement is mandatory for participation in the Anoka-Hennepin Narcotics and Violent Crimes Task Force. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley authorizes the Mayor and City Manager to enter into the agreement by signing the joint powers agreement. PASSES AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1997. NANCY J. JORGENSON - MAYOR ATTEST: WILLIAM A. CHAMPA - CITY CLERK ii.o2 JOINT AND COOPERATIVE AGREEMENT FOR THE FORMATION AND ADMINISTRATION OF THE ANOKA-HENNEPIN EM NARCOTICS AND VIOLENT CRIl�IES TASK FORCE I. PART'IES The parties to this agreement are political subdivisions of the State of M'innesota. This agreement is made pursuant to Minnesota Statutes Section 471.59, as amended. II. PROBLEM AND PURPOSE The parties hereto find that drug abuse, and related violent criminal activities, have increased significantly within and between their communities in recent years. As first ring suburban communities located on or near the northern borders ofMuineapolis and St. Paul a significant amount of drug traffic, violern crime and organized criminal gang activity has emerged and migrated into their communities. Linked by the 610, 694 and I69 bridges over the Mlssissippi River, the communities share common borders with easy access which has provided a conduit for drug traffickers and criminal elements to utilize. The nature of drug law enforcement, violent crime and the criminal enterprise associated with them does not adhere to jurisdictional boundaries. In addition, the individual parties hereto face the difficulty of limited resources and ever �increasing demands for service wtiich make effective organized drug enforcement difficult on an individual basis. . The general purpose of this agreement is to provide coordination and joint enforcement efforts within the jurisdictional boundaries of the parties, of controlled substance crimes as defined in federal, state and local statutes as well as related violent crime and the criminal enterprise associated with them. 1 11.03 III. AFFII.IATION This joint enforcement project will have an ai�iliation with the East Metro Coordinated Narcotics Task Force through the participation of Anoka County in the East Metro Coordinated Narcotics Task Force Joint Powers Agreement. As a part of this affiliation activities of this project may be coordinated with East Metro Coordinated Narcotics Task Force activities. N. NAME This joint enforcement project shall be known as the Anoka-Hennepin EM Narcotics and Violent Crimes Task Force. ►,1 ul: � : `�:I1� The parties to this agreement shall be the Cities of Anoka, Blaine, Brooklyn Center, Brooklyn Park, Coon Rapids, Fridley, Maple Grove, and the County of Anoka (herein collectively referred to as "the parties"). VI. ADMINISTRATION A Task Force Advisory Board is formed consisting of the Chiefs of Police and Sheriff, or his or her designee, from each party. The Task Force Coordinator and supervisors will serve in an advisory capacity and shall have responsibility for administration of the Task Force. A prosecuting attomey from Anoka and Hennepin Counties will act in an advisory capacity to the Board. The County of Anoka will provide the day to day administration of the Task Force through the assignment of the Investigative Lieutenant, assisfed by a Sergeant assigned to the Task Force. The Task Force Advisory Board members which have voting authority will be the Chiefs of Police 2 1i.oa and the Sheriff or his or her designee from each party. The votes shall be weighted based on the number of:officers assigned to the Task Force. In any issue requiring a vote of the Advisory Board, a quorum of five voting members must be present to vote. In order for a motion to pass, a majority vote shall consist of at least eight votes. The Advisory Board shall elect a chair to conduct boazd meetings and serve as liaison between the parties, the coordinator and the board. VII. OPERATION Section 1. Composition The Task Force shall consist of 14 full-time peace officers POST licensed to practice law enforcement as defined in Mmnesota Statutes, Chapter 626. These officers will be assigned to the Task Force by the parties as fo(lows: Anoka Police Department Anoka County Sheriff Blaine Police Department Brooklyn Center Police Department Brooklyn Park Police Department Coon Rapids Police Department Fridley Police Department Maple Grove Police Department 1 Officer 3 Officers 1 O�cer 1 Of�icer 3 Officers 1 Officer 1 Officer 1 Officer 1 Lieutenant 1 Sergeant Each officer will remain an employee of the party assigning the officer to the Task Force. The 3 11.05 Advisory Board may approve a change in the composition of the Task Force upon the request of any party. No party may be required to assign additional officers to the Task Force without the consent of the affected party. Section 2. Chain of Command Coordinator/Lieutenant: The Task Force Coordinator shall be the head of the Task Force. The Criminat Investigation Lieutenant of the Anoka County Sheriffs Department will act in this capacity at the onset of this agreement. The Coordinator shall serve at the pleasure of the Advisory Board and may be removed by a majority vote of the Board. The Coordinator reports directly to the Advisory Board. The Coordinator will make the day to day operational and administrative decisions of the Task Force. Su�ervisors✓Sergeants: One Sergeant shall be assi8ned to the Task Force by the Coon Rapids Police Department. A supervisory investi�ator will be assigned by the Task Force Coordinator. The sergeants/supervisors operate at the direction of the Task Force Coordinator. They are responsible for the direct supervision of officers assigned to the Task Force by the parties. Assignment of supervisory staff is subject to change by agreement of the Task Force Advisory Board. O$icers: Officers assigned to the Task Force operate at the direction and under the supervision of the Task Force Coordinator and supervisors while assigned. Clerical: The Task Force may hire cierical support for the Task Force from the grant budget. The City of Brooklyn Park agrees to act as the employer of the person hired. 4 11.06 Section 3. Equipment Equipmenrpurchased by the Task Force during the grant peciod for Task Forcx usage shall be divided amongst the parties by the Advisory Board at the end of the grant period if this agreement is not renewed. Upon a mutually agreed dissolution of this Task Force, aU equipment owned by the Task Force will be distn'buted between the parties as decided by the Advisory Board. Parties are expected to also utilize their own equipment such as body transmitters and surveillance vans on an as needed basis. All equipment brought into Task Force use by an agency will remain the property of the agency supplying said equipment. Section 4. Facilities Each Tasic Force member will work out of a centrally located office furnished and maintained by the Task Force as provided in the annual gant budget. Section 5. Policy and Procedure Operational policy and procedure may be developed for the Task Force based on an examination of operational goals and administrative need. These policies and procedures will be proposed to the Advisory Board by supervisory staff who will conduct ongoing evaluations of Task Force operations and need. Policies and procedures will be implemented at the direction of the Advisory Board. Section 6. Purchase of Evidence/Information The Task Force Coordinator wiIl maintain an accounting of all confidential funds utilized for the purchase of evidence and information and to pay investigative expenses incurred by the Task Force. The administ�ation of confidential funds will undergo review by the Task Force supervisory personne! 11.07 prior to implementation of the following procedure. In the event changes of procedure are deemed necessary, they will be reflected in policy and procedure developed for the Task Force. At present each Task Force officer will fill out a"Confidential Funds Receipt" when obtaining advances of confidential funds from the Coordinator or Supervisor. Upon expenditure of confidential funds by a Task Force o�cer, a"Paymerrt for Evidenc� and Information" form will be completed by the officer making the expenditure and this form will be forwarded in a timely fashion to the Coordinator. The Coordinator will maintain a master expenditure log for all Task Force officers. Each individual officer will maintain an individual expenditure log for confidential funds. The Coordinator will audit the confidential funds on a regulaz basis and will file the necessary quarterly report with the Office of Drug Policy of the M'innesota Department of Public Safety. Any evidence obtained or seized by the Task Force will be maintained in the Department Property Room of the officer assigned as the case agent. Section 7. Supplies. Office supplies will be provided by the Task Force under the grant annual budget. Any suppiies not itemized in the grant annual budget will be provided by that officer's employing agency. Section 8. Sworn Personnel. Each party is providing licensed peace officers under the conditions outlined herein. Wages and benefits for these officers will be the primary responsibility of the officer's employing agency during the grant period. Wage and benefit reimbursement, to include overtime costs, may be reimbursed through the grant as approved by the Advisory Board. The Sergeant's position will be reimbursed from the grant, the difference between patrol pay and sergeant's pay. 0 11.08 An officer assigned to the Task Force by a party may be removed from the Task Force by the appointing party or through a majority vote of the Advisory Board. The party shall then appoint a : suitable replacement for the removed officer. Peace officers assigned to the Task Force shall be equipped by their employing parties with appropriate police credentials and suitable firearms. The employing party will be responsible for providing any P.O.S.T. required training to their officers assigned to the Task Force. The Coordinator may direct additional, specialized training to be paid through the grant budget. Section 9. Vehicles. The Task Force shall lease up to one vehicte for each officer assigned to the Task Force. Each party will be responsible for fuel, insurance, and maintenance costs incurred by the vehicle(s) leased for the officer(s) assigned by that party. Upon termination of this agreement, the vehicles will either be absorbed by the parties agreeing to assume leasing obligations or returned to the leasing agency. Vehicles owned by a party and utilized by the Task Force will remain the responsibility of the party as will costs incurred for the vehicle's use and maintenance. VII. TASKS Secrion 1. The primary function and responsibility of the Task Force is to detect, investigate, gathec evidence, and apprehend drug traffickers within the geographic area of the parties. As a result of the nature of covert undercover operations, it is anticipated that undercover operatives may detect or become aware of other crimes. The Task Force will pursue other avenues of investigation only upon recommendation of the Task Force Coordinator and by permission of the Chief of Police or Sheriff of the particular party involved. In addition, the Task Force may be used for other investigative 7 11.09 purposes under exigent circumstances or in a capacity wherein the nature of the investigation being undertaken requires undercover ofiicers. Section 2. It is the mission priority of this Unit to urvestigate drug wholesalers (those individuals who bring drugs into the Task Force area), street level drug distributors, those persons involved in the clandestine laboratory manufacturing of illicit drugs, and individuals who attempt to acquire pharmaceutical drugs in violation of the provisions of Minnesota Statutes, Chapter 152. Section 3. A function of the Task Force will be to gather and to disseminate controlled substance intelligence information. The Task Force will maintain an ongoing intelligence filing system. The Task Force will attempt to investigate those leads, maintain on file that information, and upon request disseminate that informatian to the parties hereta Section 4. wth permission of the Task Force Coordinator, the Task Force will provide training to member parties requesting that service. Requests for community drug education and drug awareness will be provided only upon pernussion of the Task Force Coordinator and the department of that particular party. . Section 5. Public announcements concerning the function of the Task Force will be made only by pernussion of the Advisory Board in conjunction with the parties to this agreement and by approval of the Chief of Police or Sherii� of the party in which that release is to be made. 8 ii.�o Section 6. Public announcements concerning arrests or investigations conducted by the Task Force will be made by the Chief of Police or Sheriff of that pazty or his or her designee where that arrest was made and upon approval of the Task Force Coordinator. News releases concerning the Task Force's function, investigations, and/or arrests will not be made by any Task Force officer unless specifically requested by the Chief of Police or Sheriffwith pernussion of the Task Force Coordinator or the Advisory Board. VIII. FINANCIAL MATTERS Section 1. The fiscal year of the Task Force shall be the calendar year. Section 2. The Finance Department of Anoka County will be responsible for the administration of all funds coming under the direct supervision of the Task Force whether Federal grant funds or contributions of the parties. Secdon 3. The Task Force Advisory Board shall direct the Coordinator to prepare an annual grant application including proposed budget which will be presented to the parties on or before the application deadline set by the Office of Drug Policy, Department of Public Safety. The Task Force Coordinator shall submit the approved grant application and budget to the Office of Drug Policy by the deadline established by the Office of Drog Policy. Section 4. Funding shall be in the form of a matching grant from the Federal government. The contributions of the parties shall be at least 25% of the total budget established for the current year. An individual party's financial contribution shall be proportioned to the number of officers committed to the Task Force as shown in the grant application budget. The matching funds will be submitted to the Finance Department of Anoka County by the parties at the beginning of the grant period. Any 0 11.11 unused match funds will be returned at the end of the grant period in a manner deternuned by the Advisory Board. Section S. Any assets seued by the Task Force and awarded to the Task Force through administrative or judicial proceedings shall be distributed to the parties on a periodic basis as determined by the Board. The formula for distribution of these assets shall be proportioned based on the number of officers assigned for each participating agency. The Task Force Coordinator will be responsible for the distribution of funds or assets seized or forfeited by the Task Force. Section 6. The Coordinator, upon direction and approval of the Advisory Board, is authorized to sign and enter into contracts on behalf of the Task Force as may be necessary. IX. DEPUTATION pfficers assigned to the Task Force, while performing their assigned duties as Task Force officers in a jurisdiction other than their own jurisdiction, shall have the same powers, duties, privileges and immunities as conferred upon them by their own jurisdiction. The authority granted hereunder does not constitute employment by the Task Force or by the city or county in which the duty or duties are being performed. Any worke�s compensation claim or work related injury that may occur as a result of working with the Task Force shall be the sole responsibility of the officer's home jurisdiction. Further, the authority �ranted hereunder extends only so far as may be necessary to complete the duties assigned to the officers, and terminates at the expiration of this agreement and any extension thereof. 10 1�.12 X. INSURANCE The Task Force shall purchase insurance to provide liability and property damage coverage in the amount deternuned by the Advisory Board. In no event will the insurance coverage be less than the League of 11�innesota Cities Insurance Trust standard liability coverage. ?he insurance shall provide coverage for all authorized Task Force operations by Task Force members. XI. DURATION Section 1. This Agreement for Task Force operations shall be in effect from January 1, 1998, notwithstanding the dates of signatures by the parties, and shall. continue in effect until terminated in accordance with the provisions herein. Section 2. Arry party may withdraw from this Agreement on December 31 of any year by declaring its intention to withdraw in writing and providing the written notice, delivered by mail or in person, to each of the other parties on or before June 1 of that year. Notice by mail shall be deemed received three days after mailing. �thdrawal by a party shall not result in the discharge of any legal liability incurred by such party before the effective date of withdrawal. Section 3. This agreement sha11 terminate under the following circumstances: (1) There aze no remaining parties as a result of withdrawal pursuant to this Agreement; or (2) All remaining parties mutually agree to ternunate this Agreement; or (3) This Agreement shall terminate automatically when gant funding for Task Force activities is discontinued. 11 11.13 XII. CONTRACTS AND PURCHASES Any contracts and purchases made pursuant to this agreement shall be made by the County and shall conform to the requirements applicable to Anoka County. XIII. STRICT ACCOUNTABII-IT'Y pursuant to 11�f'inn. Stat. §471.59, a joint powers agreement is to provide for strict accounting of all funds and report of all receipts and disbursements. Any party to this agreement may request a strict accounting at any tlme. XIV. ENTIRE AGREEMENT This joint powers agreement constitutes the entire agreement of the parties on the matter related hereto. The agreement shall not be altered or amended, except by agreement in writing signed by the parties hereto. XV. SIGNATURES All parties to this Agreement need not sign the same copy of the Agreement. An original Agreement signed by each party to this Agreement shall be maintained in the Office of the Anoka County SherifF. 12 ��. i4 DATED: CITY OF ANOKA By Its � Its 13 11.15 DATED: COUNTY OF ANOKA �� Its SHERIFF By Its COUNTY ADMINISTRATOR By Its CHAIR11�1AN OF COUNTY BOARD 13 11.16 DATED: CITY OF BLAINE � Its By Its 13 11. 77 DATED: CITY OF BROOKLYN CENTER : Its sy Its 13 ». i 8 DATED: CITY OF BROOKLYN PARK : Its By Its 13 7�. i9 DATED: CITY OF COON RAPIDS I� Its � Its� 13 11.20 JOINT AND COOPERATIVE AGREEMENT FOR THE FORMATION AND ADMINISTRATION OF THE ANOKA-HENNEPIN EM NARCOTICS AND VIOLENT CRIMES TASK FORCE DATED: CITY OF FRIDLEY BY Its MAYOR BY Its CITY MANAGER 13 i1.21 DATED: CITY OF MAPLE GROVE '-�� Its By Its 13 11.22 bi,;.�; ;.a\ ` ^`i��y� \,� `�:��: � � �� : � ,i� Fridiey Police Department Memorandum {� � To: William W. Burns From: Dave Sallman � Date: November 19, 199 Re: Cops More Grant Attached is a form by which we agree to comply with the conditions of the award (noted on the back of the form). This is the grant which is cooperative (with Columbia Heights and Spring Lake Park) to purchase photo imaging, live scan, etc. A.s Ms. Griep notes in her memo, there is a 25% match (prorated by population between participating cities). The award is based upon a total project cost of $117,800 of which the grant provided is a maximum of $88,350. If equipment prices were to drop (we believe that may be the case), the cost of the project, grant award, and match would be reduced. The Fridley matching share ( a maximum of $15,020) was to have been included in our 1998 Capital Outlay Budget. Unfortunately, the timing of the approval of the grant and our budgeting process did not coincide and the request was not included. Acceptance of this grant will include the agreement to provide the matching funds. It is expected that this equipment will save us substantial time in transportation and prisoner processing time. Currently a11 prisoners must be transported to the Anoka County Jail for booking, even if our intent is to release them. If the Council approves the conditions, it will be necessary for you to sign the form. Staff recommends approval. 12.0� emo Tbe Da�vid H. SaAman �� arn Rosie Griep � 11/14/97 Ree COPS AAf�RE 96 Grant I am pleased to advise that the award notice has been received from the COPS MORE grant. As you recatl, this grant was the one Hrtitten in partnership with Cotumbia Heights and Spring Lake Park Police DepartmeMs and provides for the purchase o# iive scan fingerpririt capture equipment and a photo-imaging system for photographing those arrested. The totai amount of Federat dotlars is $88,350 with a 25% match requiremen� The match was di�ided proportionalty betw�een the three poGce agenaes and breaks down as follc�ws: Fridley $15,020 Columbia Heights $10,896 Spring Lake Park $3,354 The above figures represent the ma�dmum dollars needed and it is possible that the match could be tower. The Stafie of Minnesota, BCA, has afready completed the bid process for the equipment involved and this wilt shaten the process somewhat, yet atlow us to take advarrtage of the lovrrest rate possible. No provision was made in the 1998 budget for these matching funds. It is my understanding that the funds w+1i be processed through a grant managemerrt acc�unt and that it will be necessary to allot an incxease in revenues to oaver the match. • Page 1 �2.�2 � `��, � COPS MORE 96 AWARD U.S. DEPARTMENT OF JUSTICE OFFICE OF COMMUNITY ORIENTED POLICING SERVIC�S Grant #: 97CMWX1041 ORI #: MN00206 Vendor #: 416007700 Applicant Organization's Legal Name: Fridley Police Departmeat Authorized Official Name: City Manager William Burns Contact Name: Ms. Rose Griep 6431 University Avenue N.E. Fridley, MN 55432 Phone Number: (612)572-3625 Fax Number: (612)572-3651 Award start date: 6/1/97 Award Amount: $87,546.00 Civilian Personnel Award: $0.00 Equipment/Technology Award: $87,546.00 � r ;�� ;,' = . ,;� `�•r',. ' �r sep E. Brann ir tor _ .. ,,-; f l :� Date Award end date: 5/;1/98 Number of Redeployed Officers: 3.5 Number of Redeployed Officers: 0 Number of Redeployed Officers: 3.5 By signing this award, the signatory official is agreeing ro abide by the Conditions of Grant Award found on the reverse side of this document: Signature ofOfficial with the authority to accept this grant award William W. Burns, City Manaaer Typed Name and ►'itle of Official 11/14/97 Date i2.03 COYDITIONS OF CR4NT A�V.�RD l. Crantees which have been awarded funding for the procurement of an item in excess of $100,000 and have already identified a vendor must p�ovide a written sole source justification to the COPS O�ce prior to obiigation, expending or drawing down grant funds for that item. 2. The funding under this project is for the payment of costs approved by the COPS Office for support resources (including the salaries and benefits of civilian personnel), equipment and technology, and/or overtime that has been approved by the COPS Office. 3. COPS MORE `96 grant funds must be used to hire one or more civilians beyond the number of civilians that would be hired or employed by the grantee in the absence of the grant, or must be used to purchase equipment or technology beyond that which the grantee is already obligated or funded to purchase, or must be used to fund overtime that exceeds current and planned overtime payments. 4. The civilians and equipment and techaology fuaded under this grant may only be utilized in activities or services that exclusively benefit your agency and the population that it serves. [f your agency provides police services through a contractual arrangement, your agency is responsible for ensuring that the utilization of civilians, equipment and technology and overtime is in compliance with the conditions of your grant. 5. The grantee acknowledges its agreement to comply with the assurances and certifications submitted with the COPS MORE `96 application. 6. In order to assist the COPS Office in the monitoring of the award, your agency will be�responsible for submitting progress reports and financial status reports on a quarterly basis. As those reports become due, your Grant Advisor will provide you with outlines to assist you with these reports. '7. Requests for extensions of the grant award period that merely request additional time, not additional funding, should be submitted in writing to you� grant advisor no earlier than August l, t997 and no later than September 15, I 997. 8. The COPS Office may conduct or sponsor national evaluations of the Community Oriented Policing Services Program (COPS) and the MORE `96 program. The grantee agrees to cooperate with the evaluators. 9. The grantee agrees to abide by the terms, conditions. and regulations as found in the COPS NIORE `96 Grant Owner's Manual and the Unijorm Administrative Requirements jor Grants and Cooperative Agree�nents to State and Loca! Governments, 28 C.F.R. Part 66. !0. For grants of $500,000 or more (or �1,000,000 or more in grants over an eighteen month period), the grantee acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if grantee is required to submit one under C.F.R. 42.302) that is approved by the Office of Justice Programs, Office for Civil Rights, is a violation of its Assurances and may result in the suspension of the drawdown of funds. Eor grants under $500,000, the grantee must submit a completed EEOP Certification form and return it to the Office of Justice Programs, Oftice for Civil Rights, within 120 days of the grant award. 11. The recipient agrees to complete a�d keep on file, as appropriate, an immigration and Naturalization Service Employment Eligibility Verification Form (I-9). This form is to be used by the recipients of federal funds to verify that persons are eligible to work in the United States. 12. The grantee agrees to monitor and ezercise best efforts to maintain the level of redeployment of current sworn officers into community policing that is the result of COPS NiORE `96 funding. During the first 60 days after the grantee signs and returns the grant award document, the grantee will work with the COPS Office to develop a plan to track the officer time redeployed into community policing. 13. [f any part of the funded project is subject to the requirements of the C�iminal Intelligence Systems Operating regulation, 28 C.F.R. Part 23, the grantee agrees to submit to the COPS Office its operating procedures and/or a certifcation that such a system has on hand operating policies as required by the regulation prior to drawing down grant fuods for the funded project. 12.04 Fridley Police Dept. emo �� T« w�„ w. B�ms `� �� Frvtne Dave Salkrran l U Dabe 11h91'97 Ree Public H�ing One of the requirements of the recent blodc grant which we were awarded ($21,679), is that we conduct a public heraring. The public hearing w�e hetd for Iast years grant lasfied about 30 seconds at the beginning of a counai meeting. We have adv�rtised this blodc grant for the meeting o� Decerr�er 8, 1997. it is our in#ent to purchase a speed trailer and some additional equipment (digiial cameras, etc.) which was removed from the 1998 capitaf outlay budget A second requirement is to have a atizen's board review and make recommendations on spending the money. The bloGc qpta�n's advisory board will provide that service on Decerr�er 1. I am req�sting that the Counal establish the public hearing for December 8,1997. • Page 1 13.01 emo � o�►�a H. s�irnan, Dir�ector of Pub6c Sa�ety Fr+onx Rosie Griep, Spec �rial Projeds Coor�rYa�tor Dabee 14/19/'97 Ree I�ocat I..aiw Er�oroernerrt Bbdc C�arrt As you are aware, vwe have been notified that v� w�ere awarded the Local Law Enforcement Blodc Grant for $21,679 (w+th a match of $2,408). in order to receive this award, we are required to assemble an advisory board consisting of specific representatives and then to conduct a public hearing to announce the advisory board's recommendations. The advisory board is scheduled to meet on Decerr�er 1, 1997 and the pubiic hearing is scheduled to take place on Decer�er 8. It is my understanding that notice of the public hearing must be made to the aty counal prior to the hearing and afso that it wi11 need to be published in the paper. Arrangements have been made fior an artide with the appropriate informa�on induded to be published in the November 27 issue of the Focus. The interrt of this memo is to request ctity counal approval for the above adion to transpire. ' �' 13.02 CITY OF FRIDLEY M E M O R A N D U M TO: WILLIAM W. BURNS, CITY MANA+GER �� E'ROM: RICHARD D. PRIBYL, FINANCE DIRECTOR WILLIAM A. CHAMPA, CITY CLERK SUBJECT: MINNESOTA LAWE'tIL G�,I�LING PREMISE PERMIT RENEAAL APPLICATION FOR �MERICP,N LEGION POST 303 DATE: NOVEI�ER 13, 1997 Attached is a resolution approving the renewal application for a Minnesota Lawful Gambling Premise Permit for American Legion Post 303. Gambling will be conducted at the Legion Hall, 7365 Central Avenue Northeast. Minnesota State Statutes requires the adoption of a resolution approving this type of gambling permit. Staff has found no reason to deny this renewal application. 14.01 RESOLUTION NO. - 1997 RE30LUTION IN 3UPPORT OF AN APPLICATION FOR A MINNE30TA LAWFUL C=AMBLING PREMI3E3 PERMIT TO FRIDLEY AMERICAN LEGION POST 303 WHEREAS, the City of Fridley has been served with a copy of a Renewal Application for a Minnesota Lawful Gambling Premise Permit for Fridley American Legion Post 303; and WHEREAS, the location of the Premise Permit is for Fridley American Legion Post 303, 7365 Central Avenue Northeast; and WHEREAS, the City of Fridley has not found any reason to restrict the location for the charitable gambling operation. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley approves the Minnesota Lawful Gamblinq Premise Permit to Fridley American Legion Post 303. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF NOVEMBER, 1997. ATTEST: WILLIAM A. CHAMPA - CITY CLERK 74.02 NANCY J. JORGENSON - MAYOR CITY OF FRIDLEY M E M O R A N D U M TO: AILLIAM W. BURNS, CITY MANAGER �r� � FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR WILLIAM A. CF�MPA, CITY CLERK SUBJECT: MINNESOTA LAWFVL ('=A1�LING PREMISE PERMIT RENEWAL APPLICATION FOR LIONS FRIDLEY CLUB DATE : NOVEI�ER 13, 1997 Attached is a resolution approving the renewal application for a Minnesota Lawful Gambling Premise Permit for Lions Fridley Club. Gambling will be conducted at Joe DiMaggios, 1298 East Moore Lake Drive. Minnesota State Statutes requires the adoption of a resolution approving this type of gambling permit. Staff has found no reason to deny this renewal application. 0 15.01 RE30LUTION NO. 75 - 1995 RESOLUTION IN 3UPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISES PERMIT TO LIONS CLUB OF FRIDLEY WHEREAS, the City of Fridley has been served with a copy of a Premises Permit Renewal Application for a Minnesota Lawful Gambling Premise Permit for Lions Club of Fridley; and WHEREAS, the location of the Premise Permit is for Joe DiMaggios Restaurant, 1298 East Moore Lake Drive; and WHEREAS, the City of Fridley has not found any reason to restrict the location for the charitable gambling operation. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley approves the Minnesota Lawful Gambling Premise Permit to Lions Club of Fridley. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF ► 1997• ATTEST: WILLIAM A. CHAMPA - CITY CLERK 15.02 NANCY J. JORGENSON - MAYOR � � CfTY OF FRI�LEY GAS SERVICES Automatic Garage Door & Fireplaces 220 77 Ave NE Minneapolis MN 55432 Complete Indoor Air Inc 625 Ash Street Shoreview MN 55126 J-Berd Mechanical Contractors Inc 3360 Southway Dr St Cloud MN 56301 Schnapp Plumbing & Heating Inc 682 125 Ln NE Blaine MN 55434 Sheet Metal Services PO Box 90 Bethel MN 55005 LICENSES GENERAL CONTRACTOR-COMMERCIAL DJ's Remodeling 11207 Magnolia St NW Coon Rapids MN 55448 GENERAL CONTRACTOR-RESIDENTIAL Ashlann Builders (20062310) PO Box 421 114 Plymouth Mn 55442 Toolbox Remodeling (20061690) 2500 39 Ave NE #216 Columbia Heights MN 55421 Wooden Rainbow Inc(6892) PO Box 702 Mendota MN 55150 C Vanhatten Jr RON JULKOWSKI Building Official Michael VanBuskirk Same Dave Berdan Kenneth Schnapp Doug Perry Duane Jones John Durocher Martin Hegland Stephen Miller 18.02 Same Same Same RON JULKOWSKI Building Official STATE OF MINN Same Same HEATING Complete Indoor Air Inc 625 Ash Street Shoreview MN 55126 J-Berd Mechanical Contractors Inc 3360 Southway Dr St Cloud MN 56301 Schnapp Plumbing & Heating Inc 682 125 Ln NE Blaine MN 55434 PLUMBING Crosstown Plumbing Inc 16530 105 Ave N Maple Grove MN 55369 J-Berd Mechanical Contractors Inc 3360 Southway Dr St Cloud MN 56301 McGuire Mechanical Services 20830 Holt Ave S Po Box 219 Lakeville MN 55044 Schnapp Plumbing & Heating Inc 682 125 Ln NE Blaine MN 55434 ROOFING R& N Roofing Construction Inc 2555 Countryside Dr Long Lake MN 55356 Rayco Construction Inc 3801 5 Street NE Columbia Heights MN 55421 Michael VanBuskirk Dave Berdan Kenneth Schnapp Alvin Tonn Dave Berdan Tim McGuire Kenneth Schnapp Steven Schnably Kim Schloemer 18.03 RON JULKOWSKI Building Official Same Same STATE OF MINN Same Same Same RON JULKOWSKI Building Official Same' PUBLIC HEARING BEFORE THE FRIDLEY CITY COUNCIL NOTICE IS HEREBY GIVEN that there will be a public hearing of the Fridley City Council at the Fridley Municipal Center, 6431 University Avenue N.E., on Monday, November 24, 1997, at 7:30 p.m. for the purpose of: Consideration of a resolution establishing that the City of Fridley will act as a legal sponsor of a grant application to the State of Minnesota under the Minnesota Investment Fund for a project being completed by the Onan Corporation. The project as well as the funding program will be explained. Comments and questions will be welcome. For further information, call William W. Burns, Fridley City Manager, at 572-3500. Hearing impaired or non-English speaking persons planning to attend who need an interpreter or other persons with disabilities who require au�ciliary aids should cdntact Roberta Collins at 572-3500 no later than November 19, 1997. NANCY J. JORGENSON MAYOR Publish: November 13, 1997 (Fridley Focus) 20.01 MEMORANDUM DEVELOPMENT DIRECTOR DATE: November 20, 1997 TO: William Burns, City Manager ��1%� FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: First Reading of an Ordinance Establishing an Extension to the Telecommunications Moratorium until March 16, 1998 As the City Council is aware, there is a second set of privately-owned sites which need to be added to the telecommunications ordinance recently adopted by the City. In order to have these sites available for selection by the communications providers once the ordinance becomes effective, one of the telecommunications providers has requested that the City extend the moratorium an additional 60 to 70 days to allow the City adequate time to process the zoning text amendment to add the additional sites into the ordinance. These additional sites include Agro-K, Onan, All Temp Storage, Parson's Electric, City-owned land south of Springbrook Nature Center, FMC Water Tower, and City right-of-way located adjacent to I-694 between 5th and 6�' Streets. RECOMMENDATION Staff recommends that the City Council approve first reading of the attached ordinance extending the telecommunications moratorium until March 16, 1998. MM/dw � • �:. 21.01 ORDINANCE NO. ESTABLISHING BY INTERIM ORDINANCE AN EXTENSION TO A PREVIOUSI,Y ESTABLISHED MORATORIUM WITHIN THE CITY OF FRIDLEY ON THE CONSTRUCTION OF NEW CONIlrl[JNICATION AND ANTENNA ARRAY TOWERS AND ON THE USE AND DEVELOPMENT OE PROPERTY FOR SUCH NEW TOWERS THEREBY AMENDING THE CITY CODE BY ADDING A NEW SECTION FOR THAT PURPOSE The City Council of the City of Fridley does ordain as follows: WHEREAS, the City Council has adopted on first reading an ordinance regulating the locations and impacts of telecommunications facilities; and WHEREAS, the City Council has determined that additional locations are required to provide adequate selection for the industry providers; and WHEREAS, the Zoning Code requires specific timeframes to process the zoning amendment to add said locations to the ordinance. THEREFORE, BE IT NOW RESOLVED that the duration of the previously established moratorium to expire December 31, 1997 herein be declared extended to March 16, 1998. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1997. ATTEST: WILLIAM A. CHAMPA - CITY CLERK First Reading: Second Reading: Publication: 21.02 NANCY J. JORGENSON - MAYOR Idov, 18. 1997 10:56AM ROBINS, KAPLAN, MII,I,ER&CIRESI LI,P No, 96g5 p. 2/� ROBINS, KAPLAN. M1LLEf� £� CIRESt L.L.P. ATTORNF.YS AT �AW � ATLANTA 7.900 LASALLE PLAZA BosTOrv 800 LnSnLCt �vENUE CNICAGO MINNEAPOLIS. MINNESOTA 55��02-7_O15 TELEPHON@ (fl2) :id�-9500 �OS ^NGE�ES F�CSIMILE (61�) 335)•d181 Minin+E�POLIS ORnNGE COunTY S�iNT PAUL , SAN FRANCISCO JOIIN �. GIHBS (612)349-8765 W A S N I N G T O N. D, o. � November 18, 1997 Ms. Barbara Uacy Community Development Director City of �ridley Fridley Municipal Center 6431 University Avenue NE Fridley, MN 55432 T�e: Wireless Telecommunications Ordinance Our File No. 028804-0001 Dear Barbara: As a follow-up to our telephone conversation of yesterday, this will confirm my understanding that you are considering suggesting that the City Council extend its curreat telecommunications antenna moratorium for approximately 60 days in order that there would be time for the city to complete a review of "private sites" which might be included in attachments to the proposed ordinance and thereby facilitate adoption of the complete ordinance at once (rather than adopting an ordinance without the initial private sites identified). My ctient, U S West Wireless would be open to tkuis approach. By copy of this letter, I am informing representatives of other wireless providers of this consideration. Y look forward to discussing th�se matters with you further. JFG/ch cc: Wireless Coalition Members Very truly yours, ROBINS, KAPL�T, N�II.LER & CIRESI L.L.P. C�fi"G�LG � • (�'u-�C> �n F. Cribbs - ....;- 21.03 NOV,(9. 1997 12:16PM 6120862i00 SPRINT PCS FAEGRE & BENSON Lz.� 2200 NOR��EST' CEN7�R, 90 SOUTH SBVEKlH S�LREET ��qppy�$� �Nf1�SpTA 5$402-390'l 'fflLEPHONIi 612336-9000 PACSIMILE 612•336-3026 November 19, 1997 Barbaza Dacy Community Development Director City of Fridley 6431 University Avenue NE Fridley, MN. 55423 Dear Ms. Dacy: N0, 9324 P, 2 CiAAY 4 t3ANIDt�ID p�(�('�egee.eem 611l3363332 On behalf of Sprint PCS I urge you to proceed with your existing ordinance adoption schedule and complete your review of the "private sites" at a later date. While incorporation of those sites will complete the process, the City of Fridley and the wireless providers certainly can proceed with the sites already in the ordinance. The City of Firdley has gone to great lengths and care in its study process. The sites now in the ordinance were chosen, not at rar�dom, but with substantial input As one of the providers who is finishing its start up phase, the moratorium has been long enough and we are prepared to proceed with the sites now in the ordinance. We do see the need for the private sites in the future but see no obstacle to your adoption of an ordinance now and adding the private sites later, after the same careful study that you have already put into the existing sites. Since you are adopting an ordinance with sites that work, continuing the moratorium is both unnecessary a�nd punitive to some providers. I encourage you to sta.y on your well considered schedule. Ve auly yours, 1 Gary L. drud C�LC3:glg cc: William Hunt Adrian Herbst 7ohn Cribbs M1:0318918.O1 11/19l97 7:3J AM Minneapolis DeRVe� Des7Dto'O�Londort I'rankfurt A/maiy MEMOR.ANDUM DEVELOPMENT DIRECTOR DATE: November 20, 1997 TO: William Burns, City Manager �� FROM: Barbara Dacy, Community Development Director SUBJECT: Second Reading of an Ordinance Recodifying the Fridley City Code, Chapter 205, Entitled "Zoning", by Adding New Section 205.29, "0-5 Telecommunications Towers and Facilities District"; to amend Sections 205.06, 205.17.01.C.(7), 205.18.01.C.(7), 205.19.02.C.(5), 205.20.01.C.(1), and 205.12.02.A.(7), and to Amend Chapter 11, "General Provisions and Fees" The City Council adopted the ordinance for first reading establishing a new overlay district for telecommunication towers and facilities. Since first reading on November 10, 1997, staff has amended the ordinance as was presented at the November 10, 1997 meeting. Minor changes to title blocks were made as well as references between sections. The effective date of the ordinance will coincide with the termination of the moratorium. RECOMMENDATION Staff recommends that the City Council approve the attached ordinance for second and final reading. BD/dw M-97-491 22.01 CHANGES TO ORDINANCE FROM FIRST READING NOVEMBER 24, 1997 1. SECTION 205.29.01 PURPOSE AND INTENT Added the words "to create an overlay zone" before to regulate. 2. Eliminated "DEVELOPMENT OF APPROVED SITES" and renumbered Section. 3. SECTION 205.29.04 Added words in title block "FOR OVERLAY ZONE". 4. SECTION 205.29.06 N. Added the words "existing buildings" before "natural topographic features". 5. SECTION 205.29.06 Changed title to CRITERIA FOR ADDING APPROVED SITES TO APPENDIX A. 6. SECTION 205.29.07 A. and C. Corrected Section reference in A.(9) to 205.29.23. In C., changed Section number for correct reference and substituted "(3)" and deleted (8). 7. SECTION 205.29.08 APPLICATION PROCESS � Added the word "also" before the words "apply for and receive a building permit". Deleted a duplicative sentence regarding approved sites. 8. SECTION 205.29.09 Changed title of Section to TOWER HEIGHT. Substituted the word "average" instead of "lower" in first sentence. Shifted height maximum sentence from "DEVELOPMENT OF APPROVED SITES" section. 9. SECTION 205.29.12 LANDSCAPING AND SCREENING Eliminated the word "non-deciduous" in the last sentence. 10. SECTION 205.29.20 PRIORITY FOR USE Shifted this section from previously deleted "DEVELOPMENT OF APPROVED SITES". 22.�2 11. SECTION 205.29.21 CO-LOCATION Shifted sentence APPROVED SITES". 12. FEES from previously deleted "DEVELOPMENT OF Deleted lease agreement fee. 13. EFFECTIVE DATE Added effective date sentence to coincide with extension of moratorium, if approved. 22.03 ORDINANCE NO. AN ORDINANCi3 R}3CODIFYING THF3 FRIDL$Y CITY CODE, CHAPT$R 205, }3NTITLED "ZONING", BY ADDING NEW SECTION 2 0 5. 2 9, "0 - 5 TI3LSCObII�liTNICATIONS TOWERS AND FACILITIFS DISTRICT"i TO AMEND S}3CTIONS 205.06, 205.17.O1.C.(7), 205.18.O1.C.(7), 205.19.02.C.(5), 205.20.O1.C.(1), AND 205.12.02.A.(7), AND TO AMEND CHAPT$R 11, "GBNERAL PROVISIONS AND F$$S" WHEREAS, on February 8, 1996, Congress enacted the federal Telecommunications Act of 1996, P.L. No. 104-104, to deregulate the telecommunications industry, providing a more competitive environment for wired and wireless telecommunication services in the United . States; and WHEREAS, a concomitant effect of increased competition in the market for wireless telecommunications services is an increased demand for antenna sites on Towers and other Antenna Support Structures necessary for providing wireless service via existing and new technologies; and WHEREAS, the Telecommunications Act of 1996 preserves the authority of the City to regulate the placement, construction, and modification of Towers, Antenna Support Structures, and Wireless Telecommunications Facilities, as hereinafter defined, in order to protect the health, safety, and welfare of the public; and WHEREAS, the City solicited industry comment regarding the Ordinance in order to facilitate industry input and suggestions concerning the proposed Ordinance and to work through various alternatives and possible revisions in order to best accommodate the needs of the City and the industry. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FRIDLEY, MINNESOTA, AS FOLLOWS: SECTION l. That Chapter 205 of the Code of Ordinances of the City of Fridley, Minnesota, be, and hereby is, amended by enacting a new Section 205.29, to be entitled, numbered and read as follows: 205.29. 0-5 TELECOMMUNICATIONS TOWERS AND FACILITIES DISTRICT 1. PURPOSE AND INTENT The general purpose of this Section is to create an overlay zone to regulate the placement, construction, and modification of Towers and 22.04 Page 2 - Ordinance No. Wireless Telecommunications Facilities in order to protect the health, safety, and welfare of the public, while at the same time not unreasonably interfering with the development of the competitive wireless telecommunications marketplace in the City. Specifically, the purposes of this Section are: A. To protect residential areas and land uses from potential adverse impact of Towers and Wireless Telecommunications � Facilities; B. To minimize adverse visual impact of Towers and Wireless Telecommunications Facilities through careful design, siting, landscaping, and innovative camouflaging techniques; C. To promote and encourage shared use/collocation of Towers and existing Antenna Support Structures as a primary option rather than construction of additional single-use Towers in order to minimize the adverse visual impact of Towers and Wireless Telecommunications Facilities; D. To avoid potential damage to property caused by Towers and Wireless Telecommunications Facilities by ensuring that such structures are soundly and carefully designed, constructed, modified, maintained, located, and removed when no longer used or determined to be structurally unsound; E. To ensure that Towers and Wireless Telecommunications Facilities are compatible with surrounding land uses; F. To facilitate the provision of wireless telecommunications services to the residents and businesses of the City in a streamlined, orderly, and efficient fashion; G. To encourage the location of Towers in industrial and business districts, rather than residential areas. H. To enhance the ability of providers of telecommunication services to provide such service to the community quickly, effectively, and efficiently. I. To identify specific sites within the City where Wireless Telecommunications Facilities may be located. 22.05 Page 3 - Ordinance No. 2. DEFINITIONS The following words, terms, and phrases, when used in this Section, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning: "Antenna Support Structure" means any building or other structure other than a Tower which can be used for location of Wireless Telecommunications Facilities. "Applicant" means any Person that applies for a permit for wireless telecommunication facilities or Towers. "Application" means the process by which a Person submits a request to develop, construct, build, modify, or erect wireless telecommunication facilities or a Tower upon land within the City. Application includes all written documentation, verbal statements, and representations, in whatever form or forum, made by an Applicant to the City concerning such a request. "Approved Site" means a site which has been approved by the City Council as an eligible location for placement of wireless communication facilities. "City" means the City of Fridley, Minnesota. "Electrical Engineer" means an Electrical Engineer licensed by the State of Minnesota. "Existing Site" means a Tower or Antenna Support Structure for which a permit has not been issued prior to the Effective Date, and which is not located on an Approved Site. "Owner" means any Person with fee simple title to any Approved Site, Existing Site, site approved by special use permit, or Wireless Telecommunications Facility. "Person" is any natural person, firm, partnership, association, corporation, company, or other legal entity, private or public, whether for profit or not for profit. "Satellite Earth Station Antenna" is all equipment necessary for processing of traffic received from terrestrial distributions prior to transmission via satellite and of traffic received from the satellite prior to transfer of channels of communication to terrestrial distribution systems. "State" means the State of Minnesota. 2G.O6 Page 4 - Ordinance No. "Structural Engineer" means a structural engineer licensed by the State of Minnesota. "Tower" means a self-supporting lattice, guyed, or monopole structure constructed from grade which supports Wireless Telecommunications Facilities. The term Tower shall not include amateur radio operators' equipment, as licensed by the FCC. "Wireless Telecommunications Facilities" means any cables, wires, lines, wave guides, antennas, and any other equipment or facilities associated with the transmission or reception of communications (other than radio or television broadcast communications) which a Person seeks to locate or have installed upon or near a Tower or Antenna Support Structure. However, the term Wireless Telecommunications Facilities shall not include: A. Any satellite earth station antenna two meters in diameter or less which is located in an area zoned industrial or commercial; or B. Any satellite earth station reception antenna one meter or less in diameter, regardless of zoning category. 3. NON-CONFORMING USES A. Existing Sites shall be considered a legal non-conforming use, unless otherwise provided for in this Chapter. B. Installation of additional Wireless Telecommunications Facilities beyond those in existence on the Effective Date of this Ordinance on Existing Sites is prohibited. Failure to comply with this provision will be considered a violation of this Chapter and subject to the penalties described herein. Routine maintenance of Wireless Telecommunications Facilities on Existing Sites is permitted, except that Existing Sites and any Wireless Telecommunications Facilities installed on Existing Sites may not increase in size, height, weight, or otherwise result in an increase in the intensity of the non-conforming use. C. If any Wireless Telecommunications Facilities on an Existing Site are abandoned for a period of one year, such Existing Site shall lose its legal nonconforming status and shall be considered illegal nonconforming use. The abandoned Wireless Telecommunications Facilities shall not be reestablished on the site, and must be removed within twelve (12) months of cessation of operations. If not removed, the City may remove the facility and assess the costs of removal against the Owner(s). 22.07 Page 5 - Ordinance No. 4. DISTRICT BOUNDARIES FOR OVERLAY ZONE A Telecommunications Towers and Facilities District, 0-5, is created and shall apply to all land within the City subject to the provisions and use requirements contained in this Section. 5. USES PERMITTED A. The construction of Towers and the installation, operation, and maintenance of Wireless Telecommunications Facilities shall be a permitted use on the Approved Sites identified on Appendix A to this Ordinance, subject to the provisions of this Chapter. Additional Approved Sites may be approved by the City Council, subject to the amendment procedures set forth in Section 205.05.03 of the City Code, and the requirements of this Section. B. All principal, special use, and accessory uses allowed in each underlying primary zoning district are permitted in the Telecommunications Towers and Facilities District, except that no Towers shall be constructed, and no Wireless Telecommunications Facilities shall be placed on Towers or Antenna Support Structures, except as provided for in this Chapter. C. Special uses. The construction of Towers and the installation, operation, and maintenance of Wireless Telecom�unications Facilities shall be a special use in.Zoning Districts M-1, M-2, M-3, and M-4, and any abutting railroad rights-of-way , subject to the special use approval procedures set forth in Section 20�5.05.04 of the Code. 6. CRITERIA FOR ADDING APPROVED SITES TO APPENDIX A Additional Approved Sites, other than those provided in Appendix A to this Ordinance, shall be approved by the City Council according to the amendment procedures of Section 205.05.03 of the City Code. The criteria used to determine whether a site shall be designated as an Approved Site shall include, but not be limited to, the following requirements: � A. Whether the proposed new site is capable of being developed to support more than two operating Wireless Telecommunications Facilities comparable to the others in weight, size, and surface area. B. Whether the proposed new site poses a risk of explosion, fire, or other danger due to its proximity to volatile, flammable, e�losive, or hazardous materials such as LP gas, propane, 22.�8 Page 6 - Ordinance No. gasoline, natural gas, or corrosive or other dangerous chemicals; and C. Whether the proposed new site is necessary and that useable Approved Sites are not located within a one-half (1/2) mile radius of the proposed new site; and D. Whether all foreseeable telecommunications uses of the proposed new site could comply with the setback requirements of the underlying zoning district; and E. Whether all foreseeable telecommunications uses of the proposed site could comply with any separation and buffer requirements of the underlying zoning district; F. Whether the proposed site is accessible for service vehicles; G. If applicable, whether the proposed site has been designed and certified by an Structural Engineer to be structurally sound and, at minimum, in conformance with the Building and Electric Codes adopted by the City, the National Electric Safety Code, and any other standards and requirements out.lined in this Section. H. If applicable, whether the Approved Site complies with all applicable Federal Aviation Administration lighting and painting regulations. I. Whether the proposed site will further the City's objective that all Towers, Antenna Support Structures, and Wireless Telecommunications Facilities be designed to blend into the surrounding environment. J. Whether the proposed site has adequate open space to allow Wireless Telecommunications Facilities to be installed without detrimentally impacting landscape, displacing parking, or impeding sight lines of a current or future principle use. K. Whether the proposed site adequately contributes to the City's overall effort to adequately meet the needs of the wireless telecommunications industry. L. Whether the proposed site has amenities such as trees that will allow screening and sight line relief. If no, whether the combination of site size and other site features help to provide sight line relief. 22.09 Page 7 - Ordinance No. M. Whether there are other structures near the proposed site that can serve as visual distractions such as high power transmission structures, highway shoring, billboards. N. Whether there are existing buildings or natural topographic features that meet the height requirements of Wireless Telecommunications Facilities without a tower structure, or which allow for a lower overall height of any necessary Tower. O. Whether there is adequate space on the proposed site so that the base of any necessary Tower can accommodate essential equipment. P. Whether the proposed site is outside of any underlying residential zoning districts. Q. Whether housed equipment can be placed on top or on the side of a structure that currently exists on the proposed site. 7. APPLICATION FOR PLACEMENT OF TOWERS OR WIRELESS TELECOMMUNICATIONS FACILITIES IN THE CITY A. All Persons seeking to install, operate and maintain Towers or Wireless Telecommunications Facilities on Approved Sites in the City must file an Application with the City which shall include: (1) The name, address, and telephone number of the Applicant; and (2) Written, technical evidence from a qualified and licensed Structural Engineer that the proposed Tower or antenna support structure is capable of supporting the equipment necessary to install, operate, and maintain the proposed antenna. The engineer shall also certify the capability of the Tower in view of existing or other proposed antenna installations. The engineer shall also assess and state the design safety margin of the entire antenna support system. The engineer shall state that within the limits of engineering certainty, if the structure should fall or collapse for any reason or due to any event, the structure will be completely contained within the area identified ; and (3) If proposed on a City-owned site, a completed application form for lease approval as provided by the City; and 22.10 Page 8 - Ordinance No. (4) A report from a qualified and licensed professional engineer which describes the height and design of the proposed Wireless Telecommunications Facility including a cross-section and elevation; and (5) Site plan drawn at an engineering scale showing the location of the Wireless Telecommunications Facility in relation to surrounding structures; and (6) If located on a water tower, a written report addressing the requirements contained herein for water towers; and (7) Foundation, cross-section, and building plans for installation of the Wireless Telecommunications Facility; and (8) An Application fee as required by Chapter 11; and (9) The Application shall also contain an affirmative statement indicating that the Applicant agrees to comply with the provisions in Section 205.23. regarding abandonment; and (10) No new or existing wireless telecommunications service will interfere with public safety telecommunications. Before the introduction of new service or before implementing any change in existing service, all wireless telecommunications service providers shall notify the City at least ten (10) calendar days in advance of such changes and allow the City to monitor interference levels during the testing process; and (11) Application for a building permit from the City pursuant to Chapter 206 of the Code; and (12).A statement as to whether the proposed development of Approved Site is capable of being developed to support more than two operating Wireless Telecommunications Facilities comparable to the others in weight, size, and surface area; and (13) Written, technical evidence from an independent consulting engineer licensed to practice geological engineering in the State of Minnesota confirming that the soil at the location of the Tower or Wireless Telecommunication Facility is capable of supporting the proposed antenna arrays, equipment, and personnel performing typical work functions; and 22.1� Page 9 - Ordinance No. (14) A landscaping plan showing location of materials, height at planting, types of materials, and installation practices. B. All information submitted with an Application that is trade secret information or is for other reasons proprietary shall be clearly marked as such when submitted with an Application. The City shall not disclose publicly, or to any third party, proprietary information unless compelled to do so by federal, State, or local law. C. All persons seeking to install, operate, and maintain Towers or Wireless Telecommunications Facilities in M-1, M-2, M-3, or M- 4 Zoning Districts as a special use permit shall submit the information required in 205.28.07.A, except items (3) and (11). 8. APPLICATION PROCESS A. Upon submission of an Application on an Approved Site, the City shall notify the Applicant in writing to confirm if the Application is complete addressing all of the requirements as required by this Section. If the Application is incomplete, the letter will specify what information is missing and the Applicant must then submit a new Application. If an Application is submitted on an Approved Site which is owned by the City, a lease agreement must be approved by the City Council. The City shall comply with the time deadlines for agency action as dictated in Minnesota State Statutes. Construction or installation on Approved Sites may begin upon approval of the lease agreement, if necessary, and issuance of a building permit. B. If a Tower or Wireless Telecommunications Facility is approved by a special use permit, the Applicant must also apply for and receive a building permit. 9. TOWER HEIGHT Tower height shall be measured from the average adjoining grade to the highest point of construction of any Tower or Wireless Telecommunications Facilities. Towers are exempt from the maximum height restrictions of the districts where located. Towers shall be permitted to a height of one hundred twenty-five (125) feet. 10. STEALTH DESIGN AND EXTERIOR FINISHES All Approved Sites, Towers, and Wireless Telecommunications Facilities shall be designed to blend into the surrounding environment. Monopoles with antenna arrays shall be finished so as to be compatible with 22.12 Page 10 - Ordinance No. other buildings or structures in the area, and shall be finished with a non-corrosive material. Wireless Telecommunications Facilities placed on water towers shall be finished with a non-corrosive material to match the color of the water tower. 11. ILLUMINATION Towers shall not be artificially Federal Aviation Administration construction of a Tower, in case located within a distance of thr� and when required by federal law requested from the FAA. 12. LANDSCAPING AND SCREENING illuminated except as required by the ("FAA"). Upon commencement of a where there are residential uses �e hundred (300) feet from the Tower, , dual mode lighting shall be All sites shall include appropriate landscaping as required herein and shall comply with all landscaping requirements of the underlying zoning district. Accessory above-ground equipment must utilize existing buildings or structures, if possible. If no existing structures are available, the Owner of the Wireless Telecommunications Facilities may construct such a structure. At minimum, all ground equipment shall be fully screened from public rights-of-way or residential property by existing structures, a brick decorative wall, or a solid one hundred percent opaque vegetative enclosure, six feet in height at planting. 13. SECURITY Al1 Towers must be reasonably posted and secured to protect against trespass. Chain link fences may be used to protect Towers and Wireless Telecommunications Facilities. Barbed or razor wire is prohibited. All facilities shall be designed to discourage unauthorized climbing on the structure. 14. INSTALLATION REQUIREMENTS ON WATER TOWERS AND IN CITY Installation of Wireless Telecommunication Facilities on water towers will be permitted when the City is fully satisfied that the following requirements are met: A. The Wireless Telecommunications Facility will not increase the risks of contamination to the City's water supply. B. There is sufficient room on the structure and/or on the grounds to accommodate the Wireless Telecommunication facility. 22. i3 Page 11 - Ordinance No. C. The presence of the Wireless Telecommunication Facility will not increase the water tower or reservoir maintenance costs to the City. D. The presence of the Wireless Communication Facility will not be harmful to the health of workers maintaining the water tower or reservoir. E. All state and federal regulations pertaining to non-ionizing radiation and other health hazards has been satisfied. 15. BUILDING PERMIT REQUIRED A building permit is required for installation of any Tower or Wireless Telecommunications Facility. The completed installation, including all associated buildings, shall comp�y with all applicable building codes including but not limited to N.F.P.A. 70 National Electrical Code, EIA 222 Structural Standards for Steel Antenna Towers, and others as may be determined by the Building Official. 16. SETBACKS The Tower or Wireless Telecommunications Facility shall be located in rear or side yard areas and shall be set back at least ten (10) feet from side or rear lot lines. 17. SIGNS Warning or equipment information signs are the only permitted signage associated with the Tower or Wireless Telecommunications Facility. 18. CERTIFICATIONS AND INSPECTIONS A. All Towers and Wireless Telecommunications Facilities shall be periodically reviewed by the City to be structurally sound and in conformance with the requirements of the City building code, this Chapter, any conditions of approval placed on a special use permit and all other construction standards set forth by the City's Code, and federal, state, and local law. Existing Sites may be inspected for compliance with this Section at any time if the City believes there are questions regarding comgliance with the City building code, this Section, any conditions of approval placed on a special use permit, all other construction standards set forth in the City's Code, and all other federal, state, and local laws. B. The City and its agents shall have authority to enter onto any Approved Site, Existing Site, or site approved by special use 22.14 Page 12 - Ordinance No. permit between the inspections and certifications required above, to inspect the site for the purpose of determining whether the Sites comply with the City's Building and Electric Codes, the National Electric Safety Code and all other construction standards provided by the City's Code and federal and State law. C. The City reserves the right to conduct such inspections at any time, upon reasonable notice to the Owner(s). All expenses related to such inspections by the City shall be borne by the site Owner(s). 19. MAINTENANCE A. Ordinary and reasonable care of Towers and Wireless Telecommunications Facilities shall be employed at all times. All Towers and Wireless Telecommunications Facilities shall at all times be kept and maintained in good condition, order, and repair so that the same shall not menace or endanger the life or property of any Person. B. Owners shall install and maintain Towers and Wireless Telecommunications Facilities in substantial compliance with the requirements of the National Electric Safety Code and all FCC, State, and local regulations, and in such manner that will not interfere with the use of other property. C. All maintenance or construction on Towers or Wireless Telecommunications Facilities shall be performed by qualified maintenance and construction personnel. D. All Owners of Wireless Telecommunications Facilities shall maintain compliance with current radio frequency emission standards of the FCC. In order to provide information to its citizens, copies of all FCC information concerning Wireless Telecommunications Facilities shall be made available to the City and updated annually. E. In the event the use of a Tower or Wireless Telecommunications Facility is discontinued by the Owner of the Wireless Telecommunications Facilities, or in the event an Owner files notice of the FCC of its interest to cease operating, the Owner shall provide written notice to the City of its intent to discontinue use and the date when the use shall be discontinued. 22.15 Page 13 - Ordinance No. 20. PRIORITY FOR USE Priority for use of the installation, maintenance and operation of Towers and Wireless Telecommunications Facilities will be given to the following entities in descending order: A. City of Fridley. B. Public safety agencies, including law enforcement, fire, and ambulance services, which are not part of the City of Fridley and private entities with a public safety agreement with the City of Fridley. C. Other governmental agencies, for uses which are not related to public safety. D. Entities providing licensed commercial wireless telecommunication services including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobile radio (ESMR), paging, and similar services that are marketed to the general public. 21. CO-LOCATION Towers shall be designed to support more than two Wireless Telecommunication Facilities. 22. FEES The Applicant shall pay the fees requested by Chapter 11 for processing requests to install, operate, and maintain a Tower or , Wireless Telecommunications Facility in the City. If deemed as necessary due to the nature of the application, the Applicant shall also be required to reimburse the City for its cost to retain a consultant to review the requested application. 23. ABANDONMENT If any site for which approval to install, maintain, and operate a Tower or Wireless Telecommunications Facilities has been granted by the City shall cease to be used for a period of 365 consecutive days, the City shall notify the Owner of the Wireless Telecommunications Facilities, with a copy to the owner of the property, that such site has been deemed abandoned. Upon a finding of abandonment by the City, the Tower or Wireless Telecommunications Facilities abandoned may be removed. The City shall assess all costs related to the removal of abandoned Tower or Wireless Telecommunications Facilities to the Owner(s). 22. �s e Page 14 - Ordinance No. 24. SEVERABILITY If any clause, section, or other part of this Ordinance shall be held invalid or unconstitutional by any court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby, but shall remain in full force and effect. 25. VIOLATION Any person who shall violate any of the provisions of this Section shall be guilty of a misdemeanor and subject to the provisions of Chapter 901 of the Fridley City Code. 22.17 Page 15 - Ordinance No. APPENDIX A The following locations are zoned to and have been determined to be Approved Sites for the installation of Towers or Wireless Telecommunications Facilities. • Municipal Garage or Recycling Center • Community Park • Edgewater Park • Fridley Reservoir along Matterhorn Drive • Fridley Water Tower in Locke Park • Fridley Commons Water Tower on 618t Avenue � Well #13 • Commons Park 22.18 Page 16 - Ordinance No. 11.10. FEES License and permit fees shall be as follows: CODE SUBJECT 205.29 Review request to add an Approved Site Special use permit for Towers and Wireless Telecommunications Facilities Review an Approved Site Application Consultant expertise to review Tower and Wireless Telecommunications Facilities Building permit Ins.pection of sites 22.19 FEE $500 $400 $400 Applicant to fully reimburse costs As required by Uniform Building Code As required by Uniform Building Code Page 17 - Ordinance No. 205.06. ESTABLISHMENT OF DISTRICTS For the purpose of this Chapter the following districts are hereby established within the City of Fridley: O-5 Telecommunications Towers and Facilities District .... 205.29 22.2� Page 18 - Ordinance No. 205.17 M-1 LIGHT INDUSTRIAL DISTRICT REGULATIONS 1. USES PERMITTED C. Uses Permitted With A Special Use Permit. The following are uses permitted with a Special Use Permit in M-1 Districts: (7) Telecommunication Towers and Wireless Telecommunications Facilities as regulated in Section 205.29. 205.18 M-2 HEAVY INDUSTRIAL DISTRICT REGULATIONS 1. USES PERMITTED C. Uses Permitted With A Special Use Permit. The following are uses permitted with a Special Use Permit in M-2 Districts: (7) Telecommunication Towers and Wireless Telecommunications Facilities as regulated in Section 205.29. 205.19 M-3 HEAVY INDUSTRIAL, OUTDOOR INTENSIVE DISTRICT REGULATIONS 2. USES PERMITTED C. Uses Permitted With A Special Use Permit. The following are uses permitted with a Special Use Permit in M-3 Districts: (5) Telecommunication Towers and Wireless Telecommunications Facilities as regulated in Section 205.29. 205.20 M-4 MANUFACTURING ONLY DISTRICT REGULATIONS 1. USES PERMITTED C. Uses Permitted With A Special Use Permit. The following are uses permitted with a Special Use Permit in M-4 Districts: (1) Telecommunication Towers and Wireless Telecommunications Facilities as regulated in Section 205.29. 22.21 Page 19 - Ordinance No. 205.12 P PUBLIC FACILITIES DISTRICT REGULATIONS 2. USES PERMITTED A. Principal Uses. The following are principal uses in P Districts: (7) Telecommunication Towers and Wireless Telecommunications Facilities as regulated in Section 205.29. 2G.GG Page 20 - Ordinance No. EFFECTIVE DATE The effective date of this ordinance shall be March 16, 1998. PASS$D AND ADOPTSD BY TH$ CITY COUNCIL OF TH$ CITY OF FRIDL$Y THIS DAY OF , 1997. ATTEST: WILLIAM A. CHAMPA - CITY CLERK NANCY J. JORGENSON - MAYOR Public Hearing: October 27, 1997 First Reading: November 10, 1997 Second Reading: Publication: 22.23 ORDINANCE NO. OFFICIAL TITLE AND SiJi�Il�!?P,RY I. Title An ordinance recodifying the Fridley City Code, Chapter 205, entitled "Zoning", by adding new Section 205.29, "O-5 Telecommunications Towers and Facilities District"; to amend Sections 205.06, 205.17.O1.C.(7), 205.18.O1.C.(7), 205.19.02.C.(5), Section 205.20.O1.C.(1), and 205.12.02.A.(7), and to amend Chapter 11, "General Provisions and Fees". II. Summazy The City Council of the City of Fridley does hereby ordain as follows: The ordinance creates a new overlay district entitled "0-5, Telecommunications Towers and Facilities". The purpose of this district is to create an overlay zone to regulate the placement, construction, and modification of Towers and Wireless Telecommunications Facilities. Additionally, the purpose of the district is to protect residential areas and land uses, to minimize adverse visual impacts, to promote shared use/collocation, to ensure compatibility with surrounding land uses, and to facilitate the provision wireless telecommunications services to the residents and businesses of the City in a streamlined, orderly, and efficient fashion. The ordinance defines several terms, provides for regulation of non-conforming sites, and describes the requirements for location of towers and wireless telecommunication facilities. Appendix A of the ordinance defines specific sites where towers or wireless telecommunication facilities may be located as a permitted use, including the Municipal Garage or Recycling Center site, Community Park, the water tower in Locke Park, Edgewater Park, the Fridley Reservoir along Matterhorn Drive, Well #13, Commons Park, and the water tower in Commons Park. The ordinance describes the process to add additional approved sites and defines the criteria to evaluate such a proposal. Towers and wireless telecommunications facilities may also be permitted in industrial zones as a special use permit. The ordinance requires several construction standards to ensure the safety of surrounding land uses, including setbacks, landscaping and screening, tower height, illumination, security, stealth design and exterior finishes, installation standards on water towers, signs, certifications and inspections, building permits, maintenance, priority for use, collocation, fees, and abandonment procedures. 22.24 � Page 2 - Ordinance No. III. Notice This Title and Summary have been published to clearly inform the public of the intent and effect of the City of Fridley's Zoning Ordinance. A copy of the ordinance, in its entirety, is available for inspection by any person during regular business hours at the offices of the City Clerk of the City of Fridley, 6431 University Avenue N.E. Fridley, MN 55432. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY TH� DAY OF , 19g�. ATTEST: WILLIAM A. CHAMPA - CITY CLERK Public Hearing: First Reading: Second Reading: Publication: NANCY J. JORGENSON - MAYOR October 27, 1997 November 10, 1997 22.25 MEMOR.ANDUM DEVELOPMENT DIRECTOR DATE: November 20, 1997 TO: William Burns, City Manager��%� FROM: Barbara Dacy, Community Development Director SUBJECT: Resolution Approving a Project Plan Amendment, ZOA #97-07, by Semper Development Ltd., to Amend a Previously- Approved Redevelopment Plan in a S-2, Redevelopment District, Generally Located at 6525 University Avenue N.E. Tim Yantos, in a telephone conversation on Tuesday, November 18, 1997, indicated that it is the County's policy to respect the City's decision regarding the number of access points to a County roadway. Semper Development will still be required to obtain an Anoka County permit and comply with the County's requirements regarding issuance of a permit; however, the County will not overrule the City's preference for two driveways. As a result, Semper Development Ltd. is preparing an easement agreement with the Anoka County Regional Rail Authority to provide an easement for the park-and-ride facility depicted on the site plan presented at the November 10, 1997 City Council meeting. The attached resolution has been prepared with the changes made at the November 10, 1997 meeting. The changes which were added are underlined, and the language which was deleted is indicated with a strikeout. The only change to the stipulations as now pres�nted in Exhibit A would be to change the date of the site plan from September 12, 1997 to the site plan dated November 10, 1997. Staff asked the developer for a revised set of engineering calculations and while those have not been received as of yet, staff will complete its review by Monday evening. (There are stipulations in the resolution which address the necessity for engineering calculations in compliance with the Engineering Department requirements.) Should the City Council decide to proceed with the project as proposed, the resolution is prepared for City Council approval subject to the change in the date of the site plan. BD/dw M-97-490 23.01 RBSOLUTION NO. - 1997 RSSOLUTION APPROVING A R$DEVELOPMENT PLAN AM$NDMENT TO THB S-2, R$DEVSLOPMENT DISTRICT WHEREAS, the City Council approved a rezoning of property generally located at the northeast corner of University Avenue and Mississippi Street from C-1, Neighborhood Commercial and R-1, Single Family Residential to S-2, Redevelopment District on August 1, 1990; and WHEREAS, the property is legally described as Lot 9, Block 2, Rice Creek Terrace Plat l, Lots 12 through 16, Block 3, Rice Creek Terrace Plat 2, and Lots 10 through 12, Block 2, Rice Creek Terrace Plat 1; and WHEREAS, the City Council approved a redevelopment plan for a multi- tenant retail center on June 18, 1990; and WHEREAS, the City Council approved an amendment to the 1990 plan on February 25, 1991; and WHEREAS, the City Council has received application from Semper Development Ltd. for a plan amendment to the S-2 District; and WHEREAS, the Housing and Redevelopment Authority has recommended approval of the amendment in accordance with the S-2 District requirements; and WHEREAS, the Planning Commission conducted a public hearing on the matter on October 15, 1997; and WHEREAS, the Planning Commission recommended approval of the amendment on October 15, 1997; and WHEREAS, the City Council finds that the proposed plan meets the intent of the S-2 Redevelopment District. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Fridley do hereby ordain that the plan amendment by Semper Development Ltd., as represented in case file ZOA #97-07, is approved subject to the stipulations listed in Exhibit A. PASS$D AND ADOPT]3D BY THB CITY COUNCIL OF TH$ CITY OF FRIDL$Y THIS DAY OF , 1997. ATTEST: WILLIAM A. CHAMPA - CITY CLERK NANCY J. JORGENSON - MAYOR 23.02 Page 2- Resolution No. - 1997 EXHIBIT A 1. The development shall be constructed in accordance with the site plan dated September 12, 1997, ° ^� ��Y �� a �� ,a i.. , n:.- .,�-..�r a..,-,.a wT.._. ..,i...,,,. � , oo� � unless otherwise provided for by the stipulations of approval. 2. Compliance with the comments of the Engineering Department as stated in the September 23, 1997 memo from Jon Haukaas. � 7. 8. A final landscaping and irrigation plan shall be submitted and approved by City staff prior to issuance of a building permit. __ _- ==--o --_ �- •� -. _.. • - • . - - • - �- •�-_ - • • � -��,. • • •- - ill _ �- - - • • • �- �sTSZ�=iiss - ' i.=is - z:��ii� ' - � ' - _ - ' - i�r.-��z=s-si�liiiiii-�=v-zzs��=a-r . _ i-�1 ' _ ' ' _ _ - �s.z��z=� i iz_s �=_:' ��z:. ��s_r�-t•�zi � �z=�� zi>��=f�-_xii �i�z�-i= - ii_�.�iz�� =��z�ii-�� =i-z�-sizszu� i-s_�at�ti�zs=i-_rz: �:�.i-z•�zvs i_r�+=_r�iti. �.- • - - • � ' � • - � � - � . � - • � • • � S1 _ • - • �' • _ � • � .� • • � • • � � • - • - � �� -- • - - - - - �• �� - - - - �{ � - - - - • • - • • � • � � • • • � - � • - The petitioner shall pay park dedication fees at time of building permit in the amount of $2,618.41. Storm water management calculations shall be submitted prior to issuance of the building permit. All rooftop equipment shall be screened from view from the public right-of-ways. 9. No automotive service uses, car sales, or other outdoor repair/display uses shall be permitted. No pawn shops shall be permitted. No restaurants are permitted unless specifically approved by the Planning Commission and City Council. The City, in its evaluation of a proposed restaurant use, may require proper HVAC and odor venting equipment to eliminate to the greatest extent possible any odor emissions from the building. Venting for specific odor causing uses shall be routed to the most westerly point of the building before being released to the open air. 10. In the event the right to occupancy to intent of the Walgreen's vacates the building, the City shall have review each use within the building prior to determine whether or not it is consistent with the Center City Redevelopment Plan. 23.03 Page 3- Resolution No. - 1997 11. 12 13 14. All lighting shall be shielded such that the glare does not adversely affect residential properties. All parking and driving areas shall be lined with concrete curb. Spaces identified as "proof of parking" shall be installed at the request of the City. Al1 dumpsters shall be screened by the trash enclosure indicated on the site plan dated September 12, 1997. Underground irrigation shall be provided to landscaped areas. 15. The pavement shall be appropriately marked to delineate the prescription pick up window lanes. Any changes to the pavement plan shall be indicated on the plan submitted for building permit review. 16. The decibel level of the audio system for the pick up window shall be at a level where its noise is not audible from residential properties to the east. 17. The property owner shall work with the Anoka County Regional Rail Authority to provide pedestrian connections where appropriate into the site, including striping or sidewalks. 18. A seven foot cedar fence shall be constructed along the north and east sides of the development. The fence along the north side of the parking lot shall be constructed between the parking lot curb and the edge of the pond. The petitioner shall submit a plan for the installation of a decorative fence with brick pillars and black aluminum fencing along University Avenue and Mississippi Street in conjunction with the building permit application. The fence shall be installed prior to issuance of a certificate of occupancy. �9— ��e-Fez}��e�e� s�a�� .,� __ , ,�. �� , .� �rr � � . �A– 19• The petitioner shall execute a storm water pond maintenance agreement to maintain the detention pond at the north side of the site. 20 The 17 stipulations from 1990 and the 17 stipulations from 1991 are herewith deleted. 21 All of the lots included in the site �lan shall be combined to form one tax parcel. 22 The developer acknowledcres that the current roadway configuration median. 23.04 �J � �,� � l�i �Y ll(� .:J.1L.LLJ�i � ( I I I i �� R �.'__",I � / \ � � � � 'NM�.[3F�N3 IS�IML^I�B�"„[SSIDR3V3I1[LiAY[:J.4KiAIN[1 I � ' ia s� �� c%1� �� `��I�i� «��r�� . � I � � I I 11/19/97 WED 16:05 FA� 612 332 2428 SEMPER DEVELOPMENT SEMPER DEVELOPMENT, L7'D. 600 Foshay Tower S21 Marquette Avenue Minneapolis, Minnesota 55402 @� ooi Phone: (612) 332-1500 Fax: (612� 332-2428 November 19, 1997 Via Fax -323-5682 Tim Yantos Elnoka County Regional Raalroad Authority Via Fax - 57X-1287 Barbara Dacy City of Fridley RG; Walgreen Projert YJniversity and Mississippi Fridley, Minnesota Deaz Tim and Barbaza: I am enclosing a draft of a Declaration of Easements far your review. � have not prepared the exhibits, but I am enclosing a site plan which would be Exhibit C, and which would show you haw the site would be configur�d. I azn simultaneously sending this document to Walgreen Co. Tk�is draft is subject to their comments. Tt is my understanding that, subject to re�view of engineering issues relative to the exact location of the second curb cut, that a permit for both cuxb cuts will bc approved in connection with the granting of the ACRR.A easement. . Please get back to me with your questions or comments. GCC/ko Very truly yours, �%� 7�� G. Craig Christensen 23.06 '_ 11/19/97 WED 16:05 FA% 612 3�2 2428 SEMPER DEVELOPMENT C� 002 DECLARA'T�ON OF EASEMENTS THIS DECLARATION OF EASEMENTS is made this day of , l99 , by Semper Development, Ltd., a Minnesota corporation (hereinafter referred to as "Dectarant"). WHFRfiAS, Dectarant is che owner of a tract of land located in Flnoka County, Minnesota which is referred to herein as the "Land", and which is legaUy described on Exhibit "A" attached hereto; and WHEREAS, Declarant desires to provide by this Declaration for certain easements over the Land. THEREFORB, Declarant make the following declarations and stipulations: 1. Declaration of Fasements. A. beclacant hereby declares for the benefit of the A»oka County Regional Railcoad Authoriry ("ACRR.A"), a non-exclusive perpetual easement for ingress and egress, and the right to utilize thc driveways, entrances and exits tocated on the Common Areas (as hereinafter defined) of the Land. B. Declazant hereby declares for the benefit of ACRRA, a non-exclusive perpetual easement for in�ress and egress, parking, pedestrian traffic aod the right to utilize the driveways, entrances and exits located on that part of the Land described on the attacbed Exhibit "B" (hereinafter referred to as the "Easement Parcel"). C. "Common Areas" is defined as those portions of the Land which, from time to time, ace not covered by a building or commercial structure. Canopies, drive-throughs, and any eolumns or posts supporting same shall be deemed to be part of the building to which they are attached and not part of the Common Area. 2. Site Plans. Attached hereto as Exhibit C is a site plan (the "Site Plan") showing the Land as improved by a proposed Walgreen Drug Store, together witl� the improvement of the Easement Ar�a for parking. No deviation shall be inade from the Site Plan without the express written consent of the Declarant, or Wal�reen Co., for so long as Walgreen Co. is either a tenant or fee ovmer of the Land. 3. Construction. ACRRA is hereby g�anted a conswetion easement for the purpose of constructin� the improveinents to the Easement Area as shown on the Site Plan. Notwithstanding anything else to the contrary contained herein, ACRRA shall be r�sponsible for any required governmental approvals relating to site plan or construction. Any construction on tl�e Basement Area pursuant to this easement shall be donE at ACRRA's sole cost and expense. The foregoing requiremenu are a condition to the use by ACRRA of the Easemetit Area. 4. Detention Pond. As part of d�e initial development of the Land for a Walgreen Drug Store, portions of the Easement Area will be utilized by .Declarant as a detention pond. Prior to any construction on or use of the Easement Area by ACRR.A, ACR.R.A shall be required to obtain all necessary governmental approva(s for any modi�cation of the detention pond, and shall further be responsible for any reconstruction of the detention pond that may be reyuired. !f the modification requires an 23.07 11/19/97 WED 16:06 FAX 812 332 2428 SEMPER DEVELOPMENT underground detention system, ACRRA shall be responsible not only for the construction thereo�, but also ongoing maintenance, repair and replacement of such system. 5. Intccference. Notwithstanding any other provision in this Agreement to the contrary, the Declarant, or any tenant having a lease with an initial term of at least ten years (a "Major Tenant") may fcom time to time� as often and for so long as reasonably necessary therefore, interfere with or close on a temporary basis all or any part of any of the easement areas if such interference is done in eonnection with the repair, maintenance or replaceme�nt of any of the improvements upon any of the easement azeas. Except in a�1 emergency, the Declar2nt or Major Tenant perfomnin� such work shall provide thirty (30) days notice to ACRR.A; provided, however, that in the event of sn emergency, said thirty (30) day notice provision shall not apply and only such notiee as may be reasonable under the circumstfsnces shall be required. Additionally, durin� any period when any building improvement on the Land is under�oing constn�ction, reconstrurtion, maintenance or repair, the Daclacant or Major Tenant shall be entitled to interfere on a temporary basis with the easements in question so long as reasonable alternative means of in�ress to and egress f�om the �asemcnt Areas is provid�d. The Declara��t or Major Tenant shall make every reasonable effort to minimi2e the interference with the rights granted herein. Declarant and Major Tenant reserve the rights to make such use of 1'he e�.sement areas as will not materially interfere wich the rights granted in this Declacation. 6. Maintenance. At such time as ACRRA commences the use of the Easement Area, ACR�tA will be solely responsible for the operation, repair and maintenance of all improvements construeted thereon. This shall inelude, without limitation, the followin�: a) Paving, striping, cleaning, and keeping free from ice and snow all paved areas in the Easement Area; b) Lighting the Easement Area. All lighting and other utilities used by ACRR.A in the Easement Areas shall be separately metered and paid for by ACR�tA; and c) The replacement of any landseaping required by the eonstruction or use of the Easement Area. 7. Liabilitv and Indemnification; lnsurance; Casualt5c. A. Upon ACRRA's commencing lo use the Easement Area, ACR1tA shall indemnify and save Declarant ard the Major Tenant harmless from and against any and all suits, demands, liabilities, costs and other expenses, including reasonable attorneys' fees, incurred in connection witl� or arisin� out of the use of the Land pursuant to the easeroents created herein by ACRRA, its emp(oyees, agents or contractors, tenants, invitees or lieensees, and from any mechanic's lien filed against the Land for work done at the request of ACRR.A. B. ACRR.A shall maintain and kcep in force commercial liability insurance in amounts of not less than $2,000.000 per occurrenee and $2,000,000 annual aggregate combined single limits for bodily injury liability and property damage liability, and �2,000,000 for personal injury liability. �ach such Owner sliall provide a eeRificate evidencing sueh insurance to any other Owner within 15 days of sueh written request. Thc insurance limits may be increased by Dcclarant from time to time in order to maintain an equivalent amount after taking inflation into account. 23.08 �Joos _ 11/19/97 WED 16:06 FA% 812 332 2428 SEMPER DEVELOPMENT � 004 3. Bindin E� ffect. "fhe terms, provisions and easements provided herein shall inure to the benefit of and be binding upon the heirs, legal representatives, successors and assigns of the Declarant and Major Tcnant. The cavenants, agreements and easements contained herein shall be deemed to nan with, burden and benefit the Land. 9. Amendment. This Agreement may not be modified, rescinded, limited, amended or enlarged except by a written agreement signed by the Declarant, any Major Tenant and the holder of any mortgage encumbering said parcels. 10. Constnaction of A�reement. the rule of strict construction sha(I not apply to the easements �ranted in this Agreement or to the covenurts set forth herein. This Agreement shall be given a reasonable eonstruction so that the intention of this Declaration W confer reasonabty usable benefits and reasonably enforceable obligations are carried out. 11. Notice. All notices provided for or permitted hereunder shall be deemed given and received (a) when personally delivered; (b) on the day the same is received via the United States mail, postage prepaid, registered or certified mail, retum receipt requested; or (c)on the date the same i� received via overnight delivery with a reliable ovemi�ht delivery service; addressed to the applicable owner or Major Tenant at the address indicated below for such owne� or Major Tenant, or as to each owner or Major Tenant in written notiee to the other awner or Major Tenant: TO THE DECLARANT Semper Development, Ltd. 600 Foshay Tower 821 Marquette Avenue South Minneapolis, Minnesota 55402 TO ACRRA: No notice shall be effective unless a copy thereof shall also be simultaneously provided to any appticable Major Tenar�t. 12. Governin Laws. The terms and conditions hereof, and the subsequent performance hereunder, shaU be construed and controlled by the laws af the State of lvJinnesota. 23.09 11/19/97 WED 16:06 FA% 812 332 2428 SEMPER DEVELOPIliENT IN WITNESS TO TH1S AGRELMENT. this Declaration of Easement has been executed as of the day and year �rst written, subject to all terms and conditions herein set fortli. Semper Development, Ltd. By STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) !ts The foregoing instrument was acknowledged before me this _ day of , 1997, by G. Craig Christensen the Vice President of Semper Development, Ltd., a Minnesota corporation, on behalf of the coxporation. this insuument was drafted by: Semper Development, Ltd. 600 Foshay Tower $21 Marquette Avenue South Ivlinneapolis, Minnesota 55402 Notary Public 23.10 r� � , 11/19/9T 19ED 16:06 FA% 812 �32 2428 SEMPER DEVELOPb1ENT C�006 � � � ��I �� I < � � e � �'� •w�•aa�maa .taast�t�amctssuvzvanrmnvu�ennrn � <<�j � � �� `��)'��b'b'"1�i1 � `�' � ea� � a . 23.11 � � � CffY OF FRIDLEY �� FROM: DATE: William W. Burns MEMORANDUM CityManager The Honorable Mayor and City Council William W. Burns, City Manager ,�r � November 21, 1997 SUBJECT: Onan Corporation Grant Application Please note the attached resolution authorizing the City to apply for a grant from the Minnesota Department of Trade and Economic Development on behalf of the Onan Corporation. There is also a companion resolution on the November 24 agenda that will establish a revolving loan fund and loan fund guidelines for the expenditure of any State funds returned to the City. We do not anticipate that any funds will be returned to the City with this particulaz grant application. Staff recommends approval of the attached resolution. WWB:rsc Attachment 24.01 RgSOLUTION NO. - 1997 RSSOLIITION OF THB CITY OF FRIDL$Y, MINNSSOTA, AUTHORIZING APPLICATION BY TH13 CITY FOR A GR.ANT ON BSHALF OF ONAN CORPORATION BE IT RESOLVED that the City of Fridley, Minnesota, act as the legal sponsor for the project contained in the Business and Community Development Application to be submitted on , and that William W. Burns, City Manager, is hereby authorized to apply to the Department of Trade and Economic Development for funding of this project on behalf of Onan Corporation. BE IT FURTHER RESOLVED that the City of Fridley, Minnesota, has the legal authority to apply for financial assistance. BE IT FURTHER RESOLVED that Onan Corporation has not incurred any costs, has not entered into any written agreements to purchase property. BE IT FURTHER RESOLVED that Onan Corporation has not violated any federal, state, or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice. BE IT FURTHER RESOLVED that upon approval of its application by the state, the City of Fridley, Minnesota, may enter into an agreement with the State of Minnesota for the above-referenced project, and that the City of Fridley, Minnesota, certifies that it will comply with all applicable laws and regulations as stated in all contract agreements and described on the Compliances Section (FP-20) of the Business and Community Development Application. AS APPLICABLE, BE IT FURTHER RESOLVED that the City of Fridley, Minnesota, has obtained credit reports and credit information from Onan Corporation and its officers. Upon review by the City of Fridley, Minnesota, and Frederic W. Knaak, City Attorney, no adverse findings or concerns regarding, but not limited to, tax liens, judgments, court actions, and filings with state, federal and other regulatory agencies were identified. Failure to disclose any such adverse information could result in revocation or other legal action. NOW, THEREFORE, BE IT RESOLVED that William W. Burns, City Manager, is hereby authorized to execute such agreements as are necessary to implement the project on behalf of the applicant. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF NOVEMBER, 1997. ATTEST: WILLIAM A. CHAMPA - CITY CLERK NANCY J. JORGENSON - MAYOR 24.02 MEMORANDUM DEVELOPMENT DIRECTOR DATE: November 20, 1997 TO: William Burns Ci Mana er �� ,�v s� FROM: Barbara Dacy, Community Development Director Grant Fernelius, Housing Coordinator SUBJECT: Resolution Adopting Guidelines for an Economic Development Revolving Loan Fund As part of the application process for the Minnesota Department of Trade and Economic Development (DTED) grant which will be provided to Onan, the City is required to submit a copy of its guidelines for an Economic Development Revolving Loan Fund. The fund is to be set-up to re-distribute any program income generated by the initial grant (e.g. through loan repayments). Because the Onan assistance will be forgiven, it is not anticipated that there will be any program income. Nonetheless, the City still needs to adopt a set of guidelines. The attached guidelines are a hybrid of the McGlynn's project completed in 1993 (also funded by DTED) and several other community's which have created similar revolving loan funds. At their November 13"' meeting, the HRA reviewed a set of draft guidelines from the City of Pipestone which formed the basis.of the proposed program. We should emphasize that the program would only be funded if there is program income from the DTED grant. Additional program details (loan documents, establishing a loan committee, etc.) would need to be addressed prior to implementation of the program. ' RECOMMENDATION Staff recommends that the Council adopt the attached resolution approving the guidelines for the Fridley Economic Development Revolving Loan Fund. GF/ M-97-487 25.�� RESOLUTION NO. -1997 RESOLUTION APPROVING AND ADOPTING GUIDELINES FOR THE FRIDLEY ECONOMIC DEVELOPMENT REVOLVING LOAN FUND. WHEREAS, the City of Fridley, Minnesota (the "City") has submitted an application to the Minnesota Department of Trade and Economic Development (the "State") for funding under the Minnesota Investment Fund (the "Program"); and WHEREAS, the City will utilize the Program funds to assist a local business (the "Local Project"); and WHEREAS, the State requires that any income generated by the Local Project be placed into an Economic Development Revolving Loan Fund (the "Fund"); and WHEREAS, the State also requires that the City adopt a set of guidelines for use of the Fund. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley, Minnesota, as follows: The Council hereby adopts the guidelines outlined in Exhibit A which is attached to this resolution. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF _ __, 19 ATTEST: WILLIAM A. CHAMPA - CITY CLERK DTED EDRLF RESOLUTION NANCY J. JOREGENSON - MAYOR 25.02 EXHIBIT A GUIDELINES FOR THE FRIDLEY ECONOMIC DEVELOPMENT REVOLVING LOAN FUND Introduction The Fridley Economic Development Revolving Loan Fund (the "Fund") is established for the purpose of utilizing program income, if any, generated from grants issued to the City of Fridley by the Minnesota Department of Trade Economic Development. The goal of the Fund is to a) retain existing local businesses or attract new businesses to Fridley, b) to create new jobs, c) to increase the tax base, and d) to leverage non- public dollars and stimulate private investment.. Eligible Activities The Fund will only be used for businesses located within the city of Fridley. In addition, the funds can only be used for one of the following: Business expansion defined as an existing industrial or commercial operation and costs related thereto including land acquisition, building acquisition and construction, remodeling, equipment purchases or public facilities improvements. 2. Development of a new business defined as a new commercial or industrial operation and costs related thereto including land acquisition, building acquisition and construction, remodeling, relocation, equipment purchases and public facilities improvements. Terms and Conditions Five (5) percent fixed-rate. 2. Loan amounts: $10,000 to $50,000 3. Loan terms: Coincide with primary financing, but can extend up to 20 years. 4. Loans may be subordinated to other primary financing. 5. All loans shall have either 1) a personal guarantee from at least one (1) owner who holds 20% or more of the company, or 2) a corporate guarantee. 6. Subject to City approval, payments on the loan may be deferred for up to finro (2) years from the date of closing. 25.03 EXHIBIT A (cont.) Job Creation Reauirements 1. One (1) job shall be created for each $10,000 worth of assistance provided. 2. To verify that new jobs are created, the recipient of the loan shall provide the City with the following information: a. The total number of new jobs created b. The job title per job. c. The date the employee(s) were hired. Other Reauirements The applicant's equity participation must equal at least five (5) percent of the total fixed-asset cost of the project . 2. The applicant must show satisfactory evidence of primary financing for the project. 3. The applicant must provide current financial statements in a form acceptable to the City or in the case of a start-up business a copy of their business plan. 4. The applicant must provide a detailed project pro forma showing the project costs and a sources and uses statement. 5. The applicant must be able to demonstrate that they have the financial capacity to repay the loan. A two year cash-flow projection must also be provided. 6. Other requirements as determined by the City. 25.04 City of Fridley MEM TO: William W. Burns, City Manager �� PW97-307 FROM: John G. F1oraNPublic Works Director DATE: November 24, 1997 SUBJECT: Old Central (County Highway 35) Upgrade In response to the County's letter of October 23, 1997 regarding the proposed improvement to Central Avenue consisting of widening north of Rice Creek and mill and overlaying south of Rice Creek, I have prepared a letter of acknowledgment and support for the proposed improvement. Recommend the City Council receive the County letter on the proposed improvement and approve the storm sewer installation along Old Central from Osborne Road to Rice Creek, widening of the road by 8 feet to the west, the construction of a bike path along the west side of the road and the installation of concrete curb and gutter as required. Also request Council approve the concept of mill and overlaying that portion of Central Avenue south of Rice Creek and the installation of concrete curb and gutter as required. It is understood that in the future if there are any curb costs associated with the TH 65 intersection improvement project, the City would cooperate in those reconstruction costs. If the Council would agree to those items, I would then send the attached letter notifying the County of the Council's position. JGF:cz Attachments 2s.o1 November 25, 1997 Mr. Jon G. Olson, PE County Engineer Anoka County Highway Department 1440 Bunker Lake Blvd NW Andover, MN 55304 Subject: Old Central (County Highway 35) Upgrade Dear Mr. Olson: PW97-178 The City Council received your letter of October 23, 1997 at their meeting of November 24, 1997. By motion, the Council supports the improvement of Old Central from Osborne Road south to Rice Creek, including the installation of a new storm sewer system and the widening of the street 8-feet to the west. This would include a bike path along the west side of the road and the installation of concrete curb and gutter along that segment as required. It is also understood that the road, while it will be widened, would only be striped for two lanes of traffic, one in each direction. The Council also supported the maintenance and upgrade of Old Central from Rice Creek south to the Highway 65 intersection with a mill and overlay and the installation of concrete curb and gutter as required. The Council understood in their motion that the City would cooperate with Anoka County in any future cost associated with the TH 65 intersection improvement project installed with the cunent plan. 'The Council requests that the County conduct an informational meeting with residents along this portion of the road to inform them of the improvement and schedule both projects for completion in 1998. If you need any assistance or additional information regarding this project, please contact me at 572-3550. Sincerely, John G.Flora Director of Public Works JGF:cz 26.�2 ,Wti1�1 � .�,.�„� Ciry of Fridley MORANDU TO: William W. Burns, City Manager FROM: John G. Flora,rPublic Works Director DATE: November 5, 1997 SUBJECT: Central Avenue Improvement PW97-299 On October 15, 1997, Commissioner Kordiak, Anoka County Highway Engineer Jon Olson, Council members Schneider and Baznett, Bill Bums and I attended a meeting regarding the upgrade and maintenance of Old Central (County Highway 35). At that meeting it was considered to be appropriate to widen Central Avenue north of Rice Creek by an additional 8 feet during the installation of the County's storm water system from Osborne Road to Rice Creek and the extension of the Central Avenue bike path. It was a consensus to mill and overlay Central Avenue south of Rice Creek to join with the Highway 65/Lake Pointe/I-694 improvement project in the 1998 construction program. A presentation has been made to Commissioners McCarron and Kordiak on this project, indicating that the improvement north of Rice Creek would be on the west side of the road as this is where the storm sewer system is to be installed. Widening of the street to the west would reduce the overall cost of the improvement as all of the work is contemplated on the west side of the street and there is sufficient right-of- way to support this improvement. It was understood that the entire section of Central Avenue would have the asphalt berms replaced with concrete curb and gutter and any damaged concrete curb and gutter would also be restored. � As the County is currently addressing this proposal, it would be appropriate for the City of Fridley to either concur or provide any requests for this project now so that appropriate plans can be incorporated for the 1998 construction program. It would be my recommendation that we support the County's proposal and request a public meeting be scheduled early to inform the residents along this route and to request Onan and Medtronics and other businesses along that section to participate in that meeting to provide positive support for the improvement. Once this is accomplished and cost determined, it would be appropriate for the City Council to then have a public hearing on the cost of the bike path and the concrete curb and gutter, which could be assessed to the properties in conjunction with our current policy. 1GF:cz 26.03 '�� II I� ��I�� ' � ; n�� OSBOpNE ., 35 � ,„,,,. F..�. �_a�_II_ ; o!I zW , o' � �, ° F. � � , .. ¢ i a JUfl' 3� „� ;�, � t� �. - rl '" ¢ �—� . a '�� I6in ��E H E ip (� y' i _ � - c �„pPV ¢ 76t� ♦vE ¢ t�p � N r„��.,� � ,�,� � a z � �n�,n,io i�� 7>>n e H E �.�g " DR� 7�� A`RJ F ��vnn ^.�rM 1 �;'�\�� %% ,;""-°• WIDEN 8 ft. TO WEST I . V �r�. Fntl.lf�f.l!�� o%�o P,,� = o STRIPE TO 2 LANES ONLY _ ° � :y�° ' ".d � STORM SEWER a_ � u.�..� ,.,.�. C E.�nQS��cr� BIKEPATH MESSIAl� l�J« A� �.K r N CMUACF� � ;`,��E I POFiATION Z CONC. CURB as reqd. _ N. E. �ak� ' ' J h `� u- .� ..);.�'.g.: ?'' �.Pa'� � II � A 24 W IS I 7 R 23 W . . `.�i7�!.i�"' i.:. �.,:��.:'.1 �i� %�' I Id �� :, �;: �; 1,�;:. . � q� � : � � � "'?; ��" t� ` _ .�':�.=+A�'rr;� � �■ \. }. .� �. ., ., ,. J; `;� �. ;: ":' . '. '., ��: ... .:...'�.:. ••� ... V� r...,s� ►1 , �,� f• �, �� nr� �../� � vERTOw„ q .� CN N �. � K NNASTO,y � r S�� Ay � _ � r.�:= a a ( ..: _:; p� r ,� . vE. J i•. . : '� . VE'P 3 �n,. ►' 1A � 661h A p 4� � . �,,.� '" CIOvE '4..a�.�+�� Y < v REEK' 66�� "_.•' ' � O � Pl. F s a�c j W r �� a J 4 r—� r� r r� r'��1� _ � °" � MILL and OVERLAY W Y �7'< < � o�� W� CONC. CURB as reqd. Z O ¢ W ;y:;: i � ,._ � :� :g•`: N E. '� ...., u.,,... , .. H.. •'r_- � '� ....,�.. :, � .��-. �w — ' N f= �.7n �.`nrv L N N H � � Z N ; � 1� 1 I I f W , .V ��nrJi� D N '9� N I ii l l)= �u =�� .:�� i � � � GOlO '�. TCR. �4 A Se 1!1 AVE 't� �a IENE �� v� N E G �� ti 37 4vE � �� M( BiiIOGEWATER �`, AHRIE 9 �� v. � i� ��_ �� I IAKE PO1NfF ne..._ 7�. 11 �.,� ��E _�� NIIICAESt pvE. _ �' 60rn Z 4V K RI � pR. iSi nMir, < CT( � PPOE,Vq r,i •itt i� � CIR, Z ■ • � W � . i o nV y G�ROENA �-' � �E � �)1. 124 � ��-i,,,,, i ..nv.,,,,, .�'' 1 �Q Mi��n• I .�Yr �nmmnnc II)J i f �lanrn �.iMr tl� 571•4110 Simr Ilnu�t M F 9 9 Sai � 5 S�m I? � �cr.a i��vn Gn�.......A �,.�m _1 5 � 3 W 2 � ��—Z � O �� ,. _.- — �•. � AVE p . r .�i,j��. m ■ :,�� .� �/+w � = tolino�.Gnce � .��:J', Fl�'P W HlqhStha01 � :,y'� (j !±•� � F- � 'iZ. fJ'i.J�.� H . ...�,m.,.., . : � :;.....,- .. LAKEPOINT/65/1694 PROJECT — �—��1l�1�9RQOK Oa— W � Q W `' I. : Q � � ; , ,� r--� , , . � pf ��S �4 � o � � �_ � v� �rn.,.i.,�� R 0 q\.�` ��` � =-� ,Z__ .:, - % J ¢ � 31• � � I1) Z � H _ C9 � m W Z NA�OECK CRO`- t.eO�+no� �uw 3.M1. SAVARI►N f 1.N.OSEpIIN CI S.S.OSE��N �� 6.E.00Ep��N C� 7MEISTEp p0• � JON G. OLSON� PE Counry Engineer October 33. 1997 .� �• COU NTY OF ANOKA Public Services Division HIGHWAY OEPARTMENT 1440 BUNKER LAKE BLVD. N.W., ANDOVER, MINNESOTA 55304 (612) 754•3520 FAX (612) 754-3532 .4noka County Commissionerlim Kordiak 3948 Central Avenue NE Columbia Heights, MN. 554211 Subject: Tra�c Counts on Old Centrai Dear Commissioner Kordiak: Please find enclosed the following items: 1) A copy of a portion of the Anoka County 1996 Tra�c Counts for the subject area 2) A copy of the Ramsey County Traffic County Map for the subject area 3) A sketch of the area showing the individual vaffic counts perhaps in a more readable format 4) A copy of the traffic counts for the intersection of Gardenia Avenue NE and Old Central dated July 8, 1997 5) A copy of a traffic count for the intersection of Counry State Aid Highway 8/CR 108 (Osborne Road) at Old Central dated luly 29, 1997 The traffic count maps items 1-3 above, are self e:cplanatorv and constitute 24 hour traffic volumes averaged over a two day period at those locations depicted on the maps. The Anoka County maps are for 1996 and the Ramsey County map is for 199�. A fairly lengthy report on the intersection study for CSAH 35 at Gardenia Avenue NE was forwarded to you on September I 7, 1997 by Doug Fischer. The implications of the count taken at that point, are explained in that study. The traffic count for the intersection �f Osborne Road and Old Central was also completed during 1997 indicates that si�nal systems and d-�vay stops are not warranted at that location. OFcourse, there is a 4- �vay stop inplace at that location due to a long standing County Board Resolution indicating that where two county roads and meet and cross, a 4-way stop will be installed. There are some exceptions to that poficy in the resolution, however, the intersection of Osborne Road and Old Central is not one of them. Con�equently a-i-way stop is inplace at that location. (t is mv understanding that we are to proceed alon_, the follo��in� path for this project. 2s.o5 AHirmative Action / Equal Opportunity Employer , As per the Agreement �vith the City of Sprins Lake Park. This for a four-lane roadway striped as a twa lane roadway. As a part of that project, storm sewer will be constructed south along Old Central to the Rice Creek. !t is my understanding that l am to discuss this issue with Commissioner McCarron and if he is in agreement, proceed with the project moving the west side of Old Central west the entire 8 feet needed to make that section a four-lane road. This section would also be striped as a twalane road for the immediate future. From the Rice Creek Bridge south to the TH 65 project, we are to schedule a mill and overlay project in the next year or two so that we can maintain that road��a�• in its current configuration. It is also my understanding that the curb being installed as part of the TH 6.5 intersection improvement will be installed as per the current plan, in other words, tapered down to the e.cisting width appro�imately � houses to the west of the new location of Hackman Avenue. I also understand that in cooperation with the City of Fridley would call a Public Information Meeting for later this year to discuss these proposed improvements with the residents. We would at that meeting set forth the above proposed action plan. If you have any questions regarding this information please feel free to contact me at your convenience. Sincerely, Jon G. Olson, PE Counry Engineer xc: Commissioner Paul McCarron xc: Councilman Dennis Schneider xc: John Flora, Director, Public Works xc Bill Burns, City Manager dmh/TR.�FFICCOIl�f TS 2s.os