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06/22/1998 - 4822� � cmroF f RIDLEY � FRIDLEY CITY COIINCIL MEETING ATTENDENCE SHEET Man.day, June 22, 1998 7:30 P.M. PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU.ARE INTERESTED IN l ITEM I - -- . __ _... _.� <,. r r,nvFCC NUMBER � � FRIDLEY CITY COUNCIL MEETING OF � oF J U N E 22, 1998 FRIDLEY 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 F: idley'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: Plaque to Duane Prairre (Former member of Housing and Redevelopment Authority) Plaque to Bruce Bondow (Former member of Environmental Quality and Energy Commission) Plaque to Dean Saba (Former member of Environmental Quality and Energy Commission) APPROVAL OF MINUTES: City Council Meeting of June 8, 1998 0 . . FRIDLEY CITY COUNCIL MEETING OF JUNE 22, 1998 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: Receive the Minutes of the Planning Commission Meeting of June 3, 1998 ....................................... 1.01 - 1.04 Special Use Permit, SP #98-06, by Patric� Elwell, to Allow the - Construction of a Second Accessory Building, Generally Located at 236 Rice Creek Boulevard ....................................................................... 2.01 - 2.08 Resolution Approving a Vacation, SAV #97-02, Generally Located at 8200 University Avenue N.E. and Repealing Resolution No. 5-1998 (Bachman's) (Ward 3) ............................................................... 3.01 - 3.03 Approve 1998 Residential Recycling Agreement Between the City of Fridley and the County of Anoka ............................:.............................. 4.01 - 4.06 Resolution Approving the Award of a Grant in the amount of $5,000 to Elim Transitional Housing, Inc., and Authorizing Execution of a Grant Agreement................................................................................. 5.01 - 5.08 FRIDLEY CITY COUNCIL MEETING OF JUNE 22, 1998 PAGE 3 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: Approve Change Order No. 3 for Hackmann Avenue Street Improvement Project No. ST. 1998 - 1 ............................................................ 6.01 - 6.04 Approve Plans for Central Avenue Improvement � Project No. ST. 1998 - 4 ............................................................ 7.01 - 7.02 Claims.................................................................................... 8.01 Licenses.................................................................................... 9.01 - 9.07 Estimates: .................................................................................. 10.01 - 10.07 ADOPTION OF AGENDA: OPEN FORUM, VISITORS: Consideration of Items Not on Agenda (15 minufes). FRIDLEY CITY COUNCIL MEETING OF JUNE 22, 1998 PAGE 4 PUBLIC HEARING: Intoxicating Liquor License for Spikers Beach Club, Generally Located at 7651 Highway 65 N.E. (Ward 2) ....................................................................................... 11.01 - 11.02 NEW BUSINESS: Variance Request, VAR #98-18, by Northwestern Orthopaedic Surgeons Partnership, LLP, to Allow the Construction of a Parking Deck, Generally Located at 8290 University AvenueN.E. (1Nard 3) .........................:............................................... 12.01 - 12.18 Receive Bids and Award Contract for the Fridley Community Center Lower Level Construction Project ................................................................... 13.01 - 13.07 Informal Status Reports ....................................................................... 14.01 ADJOURN. � � FRIDLEY CITY COUNCIL MEETING OF JUNE 22. 1998 i= «n � � The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatmenf, 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 regazd 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: P/aque to Duane Prairie (Former member of Housing and Redevelopment Authority). P/aque to Bruce Bondow (Former member of Environmenta/ Quality and Energy �ommission) P/aque to Dean Saba (Former member of Environmenta/ Quality and Energy Commission APPROVAL OF MINUTES: City Council Meeting of June 8, 1998 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: Receive the Minutes of the Planning Commission Meeting of June 3, 1998 ... 1.01 -1.04 Special Use Pe�mit, SP #98-06, by Patrick Elwell, to Allow the Construction of a Second Accessory Building, Generally Located at 236 Rice Creek Boulevard .................................. 2.01 - 2.08 1 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS ICONTINUED): Resolution Approving a Vacation, SAV #97-02, Generally Located at 8200 University Avenue N.E. and .�' � Repealing Resolution No. 5-1998 t5 � (Bachman's) (Ward 3) ............ .... ......... 3.01 - 3.03 Approve 1998 Residential Recycling Agreement Between the City of Fridley and the County of Anoka ....................... 4.01 - 4.06 , �� I Resolution Approving the Award of a Grant in the amount of $5,000 to Elim Transitional Housing, Inc., and � Authorizing Execution of a Grant �,5 � Agreement ...................................... 5.01 - 5.08 Approve Change Order No. 3 for Hackmann Avenue Street Improvement Project No. ST. 1998 -1 ................ ....... 6.01 - 6.04 Approve Plans for Central Avenue Impro ement Project No. ST. 1998 - 4 ..................... . 7.01 - 7.02 FRIDLEY CITY COUNCIL MEETING OF JUNE 22, 1998 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): NEW BUSINESS: Claims Licenses ............................... ....................:............ ^ a . Receive Bids and Award Contract for the Fridley Community Center Lower 8.01 Level Construction Project ...............................13.01 -13.07 �- �`u,e� l ��`�� 9.01 - 9.07 Informal Status Reports ................. Estimates: ................. .... ............. °10.01 -10.07 ADJOURN. ADOPTION OF AGENDA: OPEN FORUM. VISITORS: .... 14.01 l ✓ . �' r � ��'��. �-r�� -r� o� � ,2 - r � q � Consideration of Items Not on Agenda (15 minutes). �� / 3 , � �Q.�i �Z�u `: �!'�,e-c - � PUBLIC HEARING: Intoxicating Liquor License for Spikers Beach Club, Generally Located at 7651 Highway 65 N.E. (Ward 2) ....................................... 11.01 - 11.02 � NEW BUSINESS: Variance Request, VAR #98-18, by Northwestern Orthopaedic Surgeons Partnership, LLP, to Allow the Construction of a Parking Deck, Generally Located at 8290 University Avenue N.E. (Ward 3) ..................... ............. 12.01 -12.18 .�� '� r ��w �� v / �' �� TAE NiINUTES OF TAE REGULAR MEETING OF TAE FRIDLEY CITY COUNCII, OF JUNE 8, 1998 The Regular Meeting of the Fridley City Council was called to order by Mayor Jorgenson at 7:30 p.m. PLEDGE OF ALLEGTANCE: Mayor 7orgenson led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESE�IT: Mayor 7orgenson, Councilman Barnette, Councilman Billings, Councilman Schneider and Councilwoman Bolkcom APPROVAL OF MINUTES: COIJNCIL MEETING - May 18, 1998: MOTION by Councilmember Barnette to approve the minutes of the May 18, 1998 City Council Meeting as presented in writing. Seconded by Councilmember Billings. UPON A VOICE VOTE, all voting aye, Mayor Jorgenson declared the motion carried unanimously. APPROVAL OF PROPOSED CONSENT AGENDA: Councilmember Bolkcom noted that a revised copy of the Estimates dated June 8, 1998 was distributed and replaces the one contained in the original agenda book, Pages 9.01 and 9.02. NEW BUSINESS: 1. RESOLUTION NO. 35-1998, AUTHORiZING THE ISSUANCE OF $9,300,000 SENIOR ftOUSING REVENUE BONDS (NOAH'S ARK OF MINNESOTA, INC. PROJECTI, SERTES 1998: Mr. Burns, City Manager, explained that these bonds are to be issued on behalf of Noah's Ark, Inc. for the construction of a112-unit senior housing project. While the City is establishing a public purpose in approving the bond issue, their actions do not establish a financial liability for the City. The owners of the development bear full responsibility for bond repayment. The Fridley Housing and Redevelopment Authority (HRA), however, has agreed to make up to $683,000 in tax increment financing available for land acquisition and site improvements. A public hearing for this project was held July 14,1997 without objection. CITY COUNCiL MEETING OF JUNE 8, 1998 PAGE 2 ADOPTED RESOLUTION NO. 35-1998, AUTHORIZING THE ISSUANCE OF $9,300,000 SENIOR HOUSING REVENUE BONDS (NOAH'S ARK OF NIINNESOTA, INC. PROJECT), SERIES 1998. 2. RESOLUTiON NO. 36-1998 AUTHORTZING THE ISSUANCE AND SALE OF THE $150,000 SUBORDINATE HOUSING REVENUE NOTE, SERiES 1998B �NOAH'S ARK OF MINNESOTA, INC., PROJECT) AND THE $300,000 SUBORDINATE ftOUSING REVENUE NOTE SERIES 1998C (NOAH'S ARK OF MiNNESOTA, INC. PROJECT) AND AUTHORiZiNG TAE EXECUTION OF DOCUMENTS RELATING THERETO: Mr. Burns, City Manager, explained that this is a companion action to the action in Item No. 1. Council is being asked to approve two subordinate revenue notes that will be paid from net operating income after payment of debt service on the bonds. The payees are Craig C. Avery, in recognition of his equity contribution, and The Avery Company and Noah's Ark, Inc., for payment of project development fees. As is the case with the bonds, the City is not incurring any financial liability by its approval of these notes. Their role is to establish public purpose necessary for tax exempt financing. ADOPTED RESOLUTION NO. 36-1998, AUTHORIZING THE ISSUANCE AND SALE OF THE $150,000 SUBORDINATE HOUSING REVENUE NOTE, SERIES 1998B (NOAH'S ARK OF MINNESOTA, INC., PROJECT) AND THE $300,000 SUBORDINATE �IOUSING REVENUE NOT SERIES 1998C (NOAH'S ARK OF MINNESOTA, INC. PROJECT) AND AUTHORIZING THE EXECUTION OF DOCUMENTS RELATING THERETO. 3. RESOLUTTON NO. 37-1998, AUTHORiZING CHANGES IN APPROPRTATIONS FOR TAE GENERAL FUND, SPECiAL REVENUE FUNDS AND CAPITAL IMPROVEMENT FUND FOR TAE FOURTH QUARTER OF 1997• Mr. Burns explained that this is the final reappropriation of funds for 1997. The adjustments have arisen as a result of donations, unforeseen expenditures/revenues and operating transfers needed to close out funds. General Fund revenue adjustments resulted in $28,135 being drawn from the General Fund balance. This amount is within the amount budgeted for 1997, and does not require any change in the level of appropriations. Special Revenue Fund adjustments are for the Cable TV Fund, the Grant Management Fund and the Solid Waste Abatement Fund. Cable Television Fund adjustments include $9,394 in unforeseen revenues and $56,647 related to the telecommunications legislation expenditures. Grant Management Fund adjustments include revenue adjustments of $152,211 and expenditure adjustments of $155,516. Solid Waste Abatement Fund adjustments include revenue adjustments of $192,192 and expenditure adjustments of $52,333. Capital Improvement Fund adjustments include $235,271 for streets and $2,710 for parks. CITY COUNCIL MEETiNG OF JUNE 8, 1998 PAGE 3 ADOPTED RESOLUTION NO. 37-1998, AUTHORIZING CHANGES IN APPROPRIATIONS FOR THE GENERAL FUND, SPECIAL REVENUE BONDS AND CAPITAL IMPROVEMENT FUND FOR THE FOURTH QUARTER OF 1997. 4. RESOLUTTON NO. 38-1998, AUTAORIZTNG OPERATTNG TRANSFERS FOR TAE YEAR ENDED 1997: Mr. Burns explained that these transfers are necessary to reallocate previously budgeted funds and to close out certain capital project funds. These transfers amount to $3,216,633.94, including $1,563,515 from the Closed Bond Fund to the General Capital Improvements Fund for the Fridley Community Center project. ADOPTED RESOLUTION NO. 38-1998, AUTHORIZING OPERATING TRANSFERS FOR THE YEAR ENDED 1997. 5. ESTABLiSH A PUBiC AEARING FOR JUNE 22. 1998, FOR AN INTOXTCATING LIOUOR LICENSE FOR SPIKERS BEACH CLUB, GENERALLY LOCATED AT 7651 AIGHWAY 65 N.E. (WARD 2): SET PUBLIC HEARING FOR JUNE 22, 1998, FOR AN INTOXICATING LIQUOR LICENSE FOR SPIKERS BEACH CLUB, GENERALLY LOCATED AT 7G51 HIGHWAY 65 N.E. 6. APPOiNTMENT: CITY EMPLOYEE: Mr. Burns explained that after conclusion of a comprehensive firefighter selection process involving seven firefighter candidates, the City is pleased to recommend the appointment of Ronald R. Larson as the new full-time firefighter. Ron replaces Howard Simonson who retired earlier in the year. Ron was raised in Fridley and graduated from Fridley High School in 1984. He has worked with the Columbia Heights Fire Department and the Fridley Fire Department and has served as a Paid-on-call Volunteer Firefighter. Ron is a resident of Fridley and involved in Fridley Youth Sports. He is also an E.M.T. instructor for Health Span. Ron was the training coordinator for the latest Paid-on-call Volunteer Firefighter recruit group and is the Vice President of the Fridley Volunteer Firefighters Relief Association. APPROVED APPOINTMENT OF RONALD R. LARSON TO THE POSITION OF FULL-TIME FIREFIGHTER WITH THE CITY OF FRIDLEY. 7. CLAIMS: APPROVED THE PAYIVIENT OF CLAIM NOS. 80816 - 81097. CITY COUNCiL NiEETiNG OF JUNE 8, 1998 PAGE 4 10. LiCENSES: APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE IN THE LICENSE CLERK'S OFFICE. 11. ESTTMATES: APPROVED THE ESTIMATES AS FOLLOWS: Insituform Central, Inc. 4510 77th Street Edina, MN 5543 5 Sanitary and Storm Sewer Repair Project No. 314 Estimate No. 2 $64,628.50 M.C. Magney Construction, Inc. 19245 Highway 7 P. O. Box 249 Excelsior, MN 55331 Well House No. 1 and Booster Station Project No. 298 Estimate No. 8 $16,459.70 Park Construction Company 7900 Beech Street N.E. Minneapolis, MN 55432-1795 Rice Creek Bank �tabilization Project No. 309 Estimate No. 2 $36,311.85 Ron Kassa Construction 7438 Upton Richfield, MN 55423 1998 Miscellaneous Concrete Curb and Gutter and Sidewalk Project No. 315 Estimate No. 2 $ 5,170.85 0 0 CITY COUNCiL MEETiNG OF JUNE 8, 1998 PAGE 5 Forest Lake Contracting 14777 Lake Drive Forest Lake, MN 55025 Hackmann Avenue/Hackmann Circle Street Reconstruction Project No. ST 1998-2 Estitnate No. 4 $104,256.12 Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432 Services Rendered as City Prosecuting Attorney for the Month of March 1998 $16,582.50 Frederic W. Knaak, Esq. Holstad and Larson, P.L.C. 3535 Vadnais Center Drive St. Paul, MN 55110 Services Rendered as City Attorney for the Month of May 1998 $ 4,250.00 MOTION by Councilmember Schneider to Approve the Consent Agenda as presented. Seconded by Councilmember Billings. UPON A VOICE VOTE, all voting aye, Mayor Jorgenson declared the motion carried unanimousiy. ADOPTION OF AGENDA: Mr. Flora requested that four resolutions added to the agenda. Ms. Dacy also requested that one resolution be added. These will be discussed in the following order: Resolution No. 39-1998 (PW 98), Resolution No. 40-1998, (PW98-119), Resolution No. 41-1998 (PW98-120), Resolution No. 42-1998 (PW98-123) and Resolution No. 43-1998 Authorizing the acquisition of eminent domain proceeding to acquire for simple property. Discussion of these items will take place immediately following Item 16 of the agenda. MOTION by Councilmember Barnette to Approve the Adoption of the agenda as amended. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, all voting aye, Mayor Jorgenson declared the motion carried unanimously. OPEN FORUM, VISiTORS: Mayor Jorgenson explained that this is the time reserved for residents to address Council on items that are not on the agenda. CITY COUNCTL MEETING OF JUNE S. 1998 PAGE 6 Mayor Jorgenson noted that the Fridley royalty was present to kick off the Fridley `49er Days. Mr. Chuck McKusick, President of Fridley `49er Days, introduced Queen Ann Skirka, and Princesses Kara Rudolph and Eric Klaers. Ms. Skirka noted that the Fridley `49er Day Parade will be held Thursday, 7une 11, beginning at 6:30 p.m. The pageant will be held Sunday, June 14 at 6:30 p.m. in the Fridley High School Auditorium. A fashion show is scheduled for Friday, June 12, at 7:00 p.m. at-Northtown Mall. Additionally, there will be the carnival, a Beach Bash and many other activities. Flyers are available at the Municipal Center. Information can also be obtained by calling 572-3600, ext. 349. There were no other comments from the floor. PUBLIC AEARINGS: 10. APPROVAL OF INTOXICATING LIOUOR LICENSE FOR AMF BOWLING CENTERS, INC., (DB/A AMF MAPLE LANES, 6310 HIGFIWAY 65 N.E. (WARD 2): MOTION by Councilmember Schneider to open the public hearing at 7:49 p.m. Seconded by Councilmember Billings. UPON A VOICE VOTE, all voting aye, Mayor 7orgenson declared the motion carried unanimously and the public hearing was officially opened at 7:49 p.m. Mr. Pribyl, Finance Director, explained that Maple Lanes is being purchased by AMF who requested that a liquor license be issued to them. The Police Department performed the required investigation on ANIF Maple Lanes. Public Safety Director Sallman did not find any reason to deny this request. The sale of the property is scheduled to occur June 9, 1998, and approval of the license would only occur if the sale goes through and transfer of title occurs. David Langer, Center Manager for AMF Maple Lanes, was present to answer any questions in regard to this liquor license application. Councilmember Billings asked if AMF was aware of the food to liquor ratio requirement (60/40) and that any managers of the operation would need to be licensed by the City of Fridley and go through the necessary police checks. Mr. Langer responded in the affirmative. Councilmember Billings informed Mr. Langer that police decoys are sent out periodically to various liquor establishments to verify that liquor is not being sold to underage patrons. Councilmember Billings noted that Mr. Pribyl anticipated a June 9 closing on the property. Approval of the license would be considered at the June 22 Council meeting. If ownership changes June 9, 1998, they would not be licensed to sell liquor until their license is approved on June 22. Mr. Langer stated•that it s his understanding that the ciosing will not occur until later in June. Councilmember Bolkcom felt that a letter should be sent to AMF to confirm that no liquor sales will occur prior to the issuance of a liquor license. Mr. Priby( noted that staff has been in contact CiTY COUNCTL MEETING OF JUNE 8, 1998 PAGE 7 with AMF and will contact them both via telephone and letter in regard to this matter. Staff will also keep themselves up to date as to change of ownership on the property. There were no further questions from the public. MOTION by Councilmember Schneider to close the public hearing at 8:00 p.m. Seconded by Councilmember Billings. UPON A VOICE VOTE, all voting aye, Mayor Jorgenson declared the motion carried unanimously and the public hearing was closed at 8:00 p.m. 11. APPROVAL OF ON-SALE BEER LiCENSE FOR COLUMBTA ARENA (701 t UNIVERSiTY AVENUE N.E. (WARD 1): MOTION by Councilmember Billings to open the public hearing at 8:01 p.m. Seconded by Councilmember Barnette. UPON A VOICE VOTE, all voting aye, Mayor Jorgenson declared the motion carried unanimously and the public hearing was officially opened at 8:01 p.m. Mr. Pribyl explained that the ownership of Columbia Arena has changed from the County to the State of Minnesota through the National Sports Center Foundation. The foundation is requesting issuance of an on-sale beer license. The Police Department has performed the required background investigation and has found no reason to deny this rec�uest. Should Council approve this request at their June 22, meeting, staff would ask that a stipulation be attached to state that beer sales will only occur during the Twin City Vulcans' Junior A hockey games. Paul Erickson, Executive Director of Minnesota Amateur Sports Commission, Jim Johannson, General Manager of the Twin City Vulcans, and Peter Carlson and Tim Dunn of the Columbia Arena staff were present to address questions or concerns. Mr. Erickson explained that they recently completed approximately $100,000 in improvements to the arena. An amount equal to that is expected to be invested into the building again this year. The Twin City Vulcans is a Junior A hockey team for adult men who are pursuing a career in hockey. It is the highest level of hockey in the state between high school and the Minnesota Gophers. If the license is granted, the beer would be sold from cans but disbursed into cups at the time of sale. Councilmember Barnette asked how many games are played in the season. Mr. Johannson responded that there are approximately 28 home games which are played on Fridays, Saturdays or Sundays. There is a wide variety of spectators, ranging from families with children to senior citizens. Councilmember Botkcom asked what wou(d prevent patrons from bringing beer into the arenas. Mr. Johannson stated that they would provide security and tickets would be required for the Vulcan games. Additionally, the beer could be sold in one designated area. Councilmember Bolkcom stated that she feels it would be appropriate to limit the sales area especially if the game is an event that families participate in. CiTY COUNCTL MEETTNG OF JUNE 8, 1998 PAGE S Councilmember asked if Fridley was being considered a temporary home for the Vulcans until the four sheets of ice are constructed in Blaine. Mr. Johannson stated that they (ook at this as their permanent home. They recently signed a five-year lease agreement with renewal options. Mr. Tom Rafferty, 148 Horizon Circle, stated his opposition to this request. He did not feel it would be necessary to provide beer at every sporting event. Furthermore, he wondered if Woodcrest Baptist Church and School adjacent to the arena had been informed of this request. Mr. Pribyl explained that the publication for the public hearing was advertised in Focus News. There were no questions or comments from the public. MOTION by Councilmember Barnette to close the public hearing at 8:14 p.m. Seconded by Councilmember Billings. UPON A VOICE VOTE, all members voting aye, Mayor Jorgenson declared the motion carried unanimously and the public hearing was closed at 8:14 p.m. NEW BUSTNESS: 12. 57TH AVENUE STREET IMPROVEMENT PROJECT NO. ST. 1997-4: MOTION by Councilmember Bolkcom to open the public hearing at 8:15 p.m. Seconded by Councilmember Schneider. UPON A VOICE VOTE, all members voting aye, Mayor Jorgenson declared the motion carried unanimously and the public hearing was opened at 8:15 p.m. Mr. Hickok, Community Development Director, provided a map of the construction area, noting that the City has spent considerable time analyzing 57th Avenue and determining the improvements which are necessary to make it function properly. The City determined that if the road were to be improved with new curb and gutter, new storm sewer and new utilities, the time would also be appropriate to look at any other enhancements that would be desirable for the area to make it more appealing as a commercial corridor. As a result, a streetscaping plan was devised, including hedges, fences, plantings, street trees, street lighting, etc. To get input from some of the affected property owners, a meeting was held March 3. A majority of the property owners seemed enthusiastic about the proposed improvements, but there remain three properties with pending easements. Mr. Hickok provided diagrams showing the newly proposed roadway with turn lanes as well as the elimination of access drives. Mr. Hickok noted that he received a letter from both Mr. and Mrs. Rust, and from their attorney regarding this issue. Mr. and Mrs. Rust are the property owners of the apartment units on 57th Avenue. They do not believe that the improvements will enhance their property or add to their property value. Mr. Flora, Director of Public Works, explained that based upon the bids that the City received on the recommended improvements, the assessments would amount to $101.31 per lineal foot for property owners on 57th Avenue. Forest Lake Contracting was the low bidder on this project and staff recommended that Council receive their bid and consider it for implementation. CiTY COUNCfL MEETiNG OF JUNE 8. 1998 PAGE 9 MOTION by Councilmember Bolkcom to receive the letter from David and Norma Rust, dated June 8, 1998 and the letter from Attorney Lawrence P. Marofsky, dated May 28, 1998. Seconded by Councilmember Schneider. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Bolkcom asked for a clarification of an easement and a construction easement. She asked if the apartment building owned by Mr. and Mrs. Rust would lose all of the parking during the construction period, as is claimed in their letter to the City. Mr. Flora explained the two easements and responded that there would be some impaet as a part of the construction. However, it will not have a major impact on the parking for the property. Counci(member Bolkcom asked if Mr. and Mrs. Rust would lose one parking space for their rental property after construction has been completed. Mr. Hickok stated that he does not believe the parking space v�ill be sacrificed as part of the construction. It was noted that the property is not a conforming property at this time, that the lots are rather shallow, and the overall size of the lots do not conform with the code. Mr. James Selmer and Mr. Mark Berg were present on behalf of Hardee's Restaurant to address the concerns expressed by members of the Hardee's headquarters office in North Carolina. Mr. Selmer stated that the May 27 letter which was sent out to the affected properties on 57th Avenue was the first notification his client received which indicated that the plan for the project was proceeding. He noted that Hardee's is not in favor of the project, and they are not interested in signing off on the easement. They felt the improvements would have a negative impact on their business, and they asked that Council postpone consideration of this project until Hardee's has had an opportunity to deai with the issues of concern. Councilmember Bolkcom asked Mr. Hickok if all of the property owners were notified in March of the informational meeting on the proposed project. Mr. Hickok responded that all property owners were notified of this meeting loca(ly. Mr. Selmer stated it is his understanding that very little information was released at the March meeting. He believed that the store manager contacted a representative at the Hardee's headquarters to notify them about this issue. At that time, Sarah Thomas of the Hardee's headquarters in Rocky Mount, North Carolina, asked for an understanding as to the project. Mr. Hickok responded with a letter, dated May 15, 1998, which explained the design, costs and the proposed construction schedule of the project. The next communication from the City was dated May 27 and informed them of the public hearing scheduled for June 8. Mr. Selmer stated that his client was not given adequate notice in order to resolve the issues concerning the proposed improvements. The construction will have a tremendous impact on Hardee's. They will lose one of their access drives, and the changes that are proposed will obscure Hardee's vision further. Additionally, there will be costs involved in moving their sign to a new location,and they will lose ten of their angled parking spaces along 57th Avenue. CITY COUNCIL MEETING OF JUNE S, 1998 PAGE 10 The Councilmembers had several questions regarding claims that Hardee's did not receive adequate notice of the proposed project. Mr. Billings asked how property owners were notified of the meeting in March. Mr. Hickok explained that a letter had been sent to each of the local companies via U.S. Mail. He further stated that he had a series of local telephone conversations, and he personally met with Hardee's with regard to the project in late April or early May. Mr. Scott Getts was present at that meeting. In early May Mr. Hickok had a telephone conversation with Ms. Thomas from North Carolina. Sometime thereafter Mr. Getts himself contacted the North Carolina Hardee's Headquarters. Mayor Jorgenson asked what the City's procedure is to notifying property owners of a public hearing. Mr. Hickok noted that local meetings are publicized locally. A discussion followed regarding the loss of the eight parking stalls facing 57th Avenue on the Hardee's property. Mr. Hickok noted that it was his feeling that eliminating these spaces would provide better circulation of traffic in the lot. It should be noted that Hardee's presently has nine more parking spaces than what is required by City Code. Mr. Hickok noted that the relocation of the Hardee's sign would not be the responsibility of the property owner. Ms. Norma Rust, property owner of the apartment building on 57th Avenue, stated that she often does not receive Focus News, and; therefore, may not always be aware of ineetings. She is a property owner, but she does not live in the Hyde Park neighborhood. Therefore, she does not receive the Hyde Park Newsletter. Ms. Rust acknowledged that there has been a traffic flow problem on 57th Avenue. However, she felt that much of the work being done would create an ambiance. She, as a property owner, does not want to be responsible for the $101.31 per lineal foot assessment if the purpose of the lighting would create an ambiance. The improvements along 57th Avenue would have a negative impact on her property, as she would lose the boulevard area that is used during the winter for snow storage, salt and chemicals from 57th Avenue. Mr. Hickok noted that he discussed this issue with the traffic consultants; however, it was felt there was adequate space surrounding the lot for storage of snow. Councilmember Bolkcom noted that this project was originally discussed when The Home Depot constructed their new facility in Fridley. The improvements would help with traffic flow problems and safety issues. A discussion followed regarding the owners of record for the apartment building property. Mr. Hickok noted that assessment records list Irving and Efron I. S. Hermann as the owners, with the taxpayers being listed as David and Norma Rust. Mrs. Rust indicated that the rental license lists them as the property owners, which is accurate. Mr. Hickok suggested that Mr. and Mrs. Rust contact the Assessing Division and the County of Anoka to update the records. Mr. Flora explained that if the construction easement was an issue of concern to Mr. and Mrs. Rust, it could be eliminated. However, as soon as construction is completed, the easement will be vacated. CITY COUNCIL MEETiNG OF JUNE 8, 1998 _ PAGE 11 Mr. Rust voiced a number of issues which were of concern including tree maintenance, maintenance of the light fixtures, drainage problems, and whose responsibility it would be to pay for the electricity for the lighting. Mr. Hickok explained that maintenance of the trees and shrubs would be the responsibility of the property owners, as well as the electricity for the lighting fixtures. Steve Linn, owner of property at 251 - 57th Avenue N.E., stated that he supports this project. He said the City has had a number of public hearings/informational meetings with regard to the project. The uniform streetscaping would improve the visibility of Hardee's as well as other businesses on 57th Avenue. The lighting would increase the safety of the residents. He noted that he has tentatively secured a tenant for a portion of his property; however, it is contingent upon the street improvements proceeding. Mr. Tom Rafferty, 148 Horizon Circle, stated that he felt the improvements would be good for the area. There were no further comments or questions in regard to this issue. MOTION by Councilmember Bolkcom to close the public hearing at 10:00 p.m. Seconded by Councilmember Barnette. UPON A VOICE VOTE, all members voting aye, Mayor Jorgenson declared the motion carried unanimously and the public hearing was closed at 10:00 p.m. 13. SPECiAL USE PERMIT, SP #98-04, BY W. W. KLUS REALTY, INC. TO ALLOW THE USE OF 30 PARKING STALLS AS PLACES FOR THE SALE OF VEAiCLES GENERALLY LOCATED AT 7920 AND_ 7976 UNIVERSITY AVENUE N.E. (WARD 3) (Tabled Mav 18, 1998): Mr. Hickok provided a brief history of this special use permit request and an update as to what has transpired since the May 18 Council meeting. He noted that at the May 18 meeting, Mr. Klus requested additional time to evaluate different options and to meet with staff. Staff met with Mr. Klus' attorney, and Mr. Klus presented a revised site plan showing additional stalls in front of the Express Auto office. Staff recommendations remain the same; however, two options were presented for consideration: 1) to approve a short-term special use permit until November 30, 1998, with the stipulations outlined in staffs May 29, 1998 letter to Mr. Klus; or 2) to deny the special use permit as recommended to the City Council on May 18, 1998. A copy of the revised site plan was presented for review. Mr. Hickok noted that the petitioner ori;inally asked for a three-year agreement with the City. A two-year agreement term would require them to enter into a new lease agreement and may be looked upon by others as an appropriate location for multi-tenants and steer them in the wrong direction. A short-term agreement would allow them to get through their current lease. Councilmember Bolkcom asked if there could be stipulations in the agreement as to the number of vehicles which could be stored there, in the event that Council agreed to a short-term agreement. CTTY COUNCiL MEETiNG OF JUNE 8, 1998 PAGE 12 Mr. Hickok explained that there are 26 parking stalls along Ranchers Road on the west end of the site. Staff has stipulated that if Express Auto were to continue for the short-term period, staff would recommend that the 26 stalls along Ranchers Road be utilized. Mr. Klus stated that his concern is the security of the vehicles if they were required to be parked in the recommended stalls along Rancher's Road. He stated he believes that Express Auto has addressed the parking and safety issues which were discussed at the May 18 Council meeting. Councilmember Bolkcom stated that staff has always clearly indicated that there was to be no outside storage of automobiles on the site. Mr. Klus explained that the vehictes are not identified as vehicles for sale. They are not to be stored on the property, but rather they are parked there. Councilmember Bolkcom explained that the vehicles are indeed being stored on the property which is in violation of City Code. Mr. Bill Richards, owner/operator of Express Auto Sales and Leasing stated that he appreciated the efforts that have been made on behalf of the City to allow him to operate through the end of his current lease term. However, it took him one year to find his current location and an additional 120 days to negotiate the lease, etc. Since that time the business has changed, and he is concerned that he may experience additional difficulties in finding a new location for the business in its current operation. He asked Council to consider a 17-month agreement to allow him to relocate. He stated that the parking option addressed by staff along Ranchers Road would require monitoring fo'r security purposes, and he does not see this location as a viable option. Mr. Gregory Soule, Best & Flanagan, was present and again stated that he felt the concerns addressed by Council had been satisfied. Mayor Jorgenson stated that she did not want to give the impression that the City was being heavy handed with this business owner. The number of vehicles �or this business has grown from a minimum of five vehicles to thirty vehicles. She stated she had difficulty with the way the entire process has evolved. The City has been actively working with Express Auto since 1994 to resolve some of these issues. Councilmember Bolkcom stated that in October 1997, staff made it very clear that the business in its current operation was not an allowable use without a special use permit. It took them a long time to respond to the City.'s requests. Realizing that this site was not a suitable location, it would have been wise for Mr. Richards to be actively seeking a new location. Mr. Richards stated that he was aware of the circumstances and was merely asking Council to allow him reasonable time to exit his current site and to find a new location while keeping his business alive. MOTION by Councilmember Bolkcom to approve a short-term special use permit until November 30, 1998 with the stipulations outlined in staffs May 29, 1998 letter to Mr. Klus and AMENDED as follows: Pa�e 2, Item 4 should be changed to read "The special use permit will CITY COUNCTL MEETING OF JUNE 8, 1998 PAGE 13 allow for the storage and display of 10 vehicles." Item 5 is to be deleted and all other language will remain. Seconded by Councilmember Schneider. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. NEW BUSiNESS: 14. RECEIVE BTDS AND AWARD CONTACT FOR TAE 57TH AVENUE RECONSTRUCTION PROJECT NO. ST. 1997-4: Mr. Flora explained that bids were opened for the 57th Avenue reconstruction project on April 30, 1998 with Forest Lake Contracting identified as the low bidder in the amount of $886,687.92. Anoka County Highway Department approves the award of the contract based upon the fact that the City will provide them with $100,000 toward the project and that the City shares the construction cost over the county's budgeted $300,000. Staff recommends that Council receive the bids and award the contract for the project to Forest Lake Contracting, Inc. in the amount of $886,687.92. MOTION by Counci(member Bolkcom to receive the bids and to approve the award of the contract for the 57th Avenue Reconstruction Project to Forest Lake Contracting, Inc., in the amount of $886,687.92. Seconded by Councilmember Schneider. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 15. VARTANCE REOUEST, VAR #98-13, BY NORTRCO CORPORATION TO REDUCE THE SiDE YARD SETBACK FROM 20 FEET TO 5.4 FEET TO ALLOW THE ENCLOSURE OF AN EXTSTING LOADiNG DOCK AT THE PROPERTY GENERALLY LOCATED AT 494 NORTHCO DRIVE N.E. �VARD 1): Mr. Hickok provided Council with a brief summary of the request. He explained that approval of this request would allow Northco Corporation to keep an existing enclosed loading dock. The loading dock was enclosed last summer. The building permit was granted, accompanied by a site plan which portrayed the property line before the last subdivision. Therefore, the assumed side yard setback was over 200 feet from the lot line rather than the actual 25 feet. The zoning regulations rec�uired a structure to be a minimum of 20 feet from the property line. However, the Uniform Building Code requires 60 feet between an unlimited area building and a property line. This building would therefore not be allowed per current standards. A 60 foot clear area exists between the property and the Target property. The interpretation of the Uniform Building Code setback is unclear, and the State of Minnesota has left it up to the interpretation of the local community. Currently, the existing building is 25 feet form the east property line, and the loading dock is only 5.4 feet from the east property line. CITY COUNCIL NiEETiNG OF JUNE 8. 1998 PAGE 14 Staff recommended to the Appeals Commissions denial of this request as a hardship to grant the variance is not evident, it is self-imposed. Several options were outlined for the Appeals Commission. The Commission recommended approval of the variance contingent upon meeting the State Building Code and the Uniform Building Code. It remains stai�s recommendation to Council that this rec�uest be denied. Mr. Larry Berg, representing Mr. James Gray was present to address questions. Mr. Gray contends that Dayton-Hudson was assured that a 60-foot total separation between buildings was all that would be required. He referred to a letter, dated May 20, 1994 from Ms. Dacy to the Fridiey Business Center Partnership, i.e. Item 4, pertaining to this issue. Several conversations occurred between Scott McClellan from the State of Minnesota and Ms. Dacy with tlie result that it would be left up to the local building official. Both interpretations of the code are essentially correct. City staff, however is taking a consistently conservative approach. MOTION by Councilmember Billings to approve Variance Request #98-13, without stipulations. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 16. VARIANCE REQUEST, VAR #98-15, BY MENARD'S INC., TO ALLOW AN iNCREASE TN THE MAXIMUM SiZE OF WALL SIGNAGE AT THE PROPERTY GENERALLY LOCATED AT 5351 CENTRAL AVENUE N.E. �WARD 1): Mr. Hickok explained that Steven Barrett, of Menard's, Inc. is requesting a variance to allow 199.5 additional square feet of signage on their building at 5351 Central Avenue N.E. Though numerous pylon sign requests have been approved, no similar wall sign size requests have been approved. The Appeals Commission recommended denial of the variance request, and staff recommends that Council concur with the Appeals Commission decision. Mr. Steve Barrett, of Menard's, Inc. was present to discuss this request. He explained that they are asking for an additional 19 square feet of signage than what they have now. MOTION by Councilmember Billings to concur with the Appeal's Commission decision and to deny the variance request, VAR #98-15. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. CITY COUNCIL MEETiNG OF JUNE 8. 1998 PAGE 15 17. RESOLUTiON NO. 39-1998. RECOMMENDiNG AWARD OF TH 65/I-694/CSAH 35 iMPROVEMENT PROJECT (S.P. 0207-66, 127-010-13, 127-315-05, 02-635-06, 127-029-19): Mr. Flora explained that the state opened the bids and will award them per Council approval. The low bidder was P.C.I. in the amount of $4,626,151.15. MOTION by Councilmember Barnette to adopt resolution No. 39-1998. Seconded by Councilmember Schneider. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 18. RESOLUTTON NO. 40-1998, APPROVING THE AGREEMENT WITH THE MiNNESOTA DEPARTMENT OF TRANSPORTATION NO. 77381: MOTION by Councilmember Schneider to adopt Resolution No. 40-1998. Seconded by Counciimember Barnette. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 19. RESOLUTION NO. 41-1998. APPROViNG A SiGNAL AGREEMENT WITH THE MiNNESOTA DEPARTMENT OF TRANSPORTATION FOR UPGRADES ON TRUNK AIGHWAY 65 AT 53RD AVENUE, I-694 AND C.S.A.A. 35: Mr. Flora explained that this is a standard agreement that the City has with the State of Minnesota to maintain all of the traffic signals. MOTION by Councilmember Barnette to adopt Resolution No. 41-1998. Seconded by Councilmember Schneider. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 20. RESOLUTTON NO. 42-1998, AUTAORiZiNG MUNICiPAL STATE AID FUNDS TO COUNTY STATE AID HIGAWAY (C.S.A.A. 35) CENTRAL AVENUE - OSBORNE ROAD TO RiCE CREEK (SAP 02-635-00) (SAP 127-020-21): Mr. Flora stated that staff recommended that Council adopt the resolution requesting Off-System Municipal State Aid Funds to pay the City's portion of the project. MOTION by Councilmember Schneider to adopt Resolution No. 42-1998. Seconded by Councilmember Bolkcom. CITY COUNCiL MEETiNG OF JUNE 8, 1998 PAGE 16 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. ' 21. RESOLUTION NO 43-1998, AUTHORTZiNG TAE ACQUISITION OF AN EMiNENT DOMATN PROCEEDING TO ACQUIRE FEE SIMPLE: Ms. Dacy explained that staff continues to negotiate with the property owners for the acquisition of property to allow for the 57th Avenue Reconstruction Project. However, this resolution would authorize staff to proceed with acquisition via Eminent Domain in the event that negotiations are not successfuL MOTION by Councilmember Bolkcom to Adopt Resolution No. 43-1998. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED TFIE MOTION CARRIED UNANIMOUSLY. 22. INFORMAL STATUS REPORTS: Councilmember Bolkcom reminded residents of the Vision Meeting scheduled for June 25 at 7:00 p.m. Councilmember Barnette stated that he voiced disappointment that a School District representative was not present at the last Vision Meeting. It was later brought to his attention that there was a representative in attendance, and he apologized for not having acknowledged this. He noted that he would like to see more young adults in attendance at the Vision Meetings as well as participation by other School Districts who have students from the Fridley area. Mayor Jorgenson reminded residents of the Fridley `49er Days events scheduled for June 11 through June 14, 1998 and encouraged them to attend. ADJOURNMENT: MOTION by Councilmember Billings to adjourn the meeting. Seconded by Council-member Barnette. UPON A VOICE VOTE, all voting aye, Mayor Jorgenson declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of 7une 8, 1998 was adjourned at 11:55 p.m.. Respectfully submitted, Tamara D. Saeflce Nancy J. Jorgenson Recording Secretary Mayor CITY OF FRIDLEY PLANNING COMMISSION MEETING, JUNE 3,1998 . � �-�� Chairperson Savage called the June 3, 1998, Planning Commission meeting to order at 7:35 p.m. � _� . Members Present: . Diane Savage, Dave Kondrick, LeRoy Oquist, Connie Modig Members Absent: Dean Saba, Larry Kuechle, Brad Sielaff Others Present: Paul Tatting, Planning Assistant Patrick Elwell, 236 Rice Creek Boulevard ` .:• . • ►�_ . ••: '__►� • � •► ►� �� MOTION by Mr. Kondrick, seconded by Mr. Oquist, to approve May 6, 1998, Planning Commission minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING• CONSIDERATION OF SPECIAL USE PERMIT_. SP #98-06. BY PATRICK ELWELL: To allow a second accessory structure (326 square feet) on Lot 12, Block 4, Rice Creek Plaza North, generally located at 236 Rice Creek Boulevard MOTION by Mr. Kondrick, seconded by Mr. Oquist, to waive the reading of the public hearing �otice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:36 P.M. Mr. Tatting stated that Mr. Patrick Elwell is requesting a special use permit to allow the construction of a second accessory building on this propetty. The proposed building is a garage which will be 14 feet wide by 24 feet deep. The front of the proposed garage will be brick and stucco to match the existing house. The sides and rear of the proposed garage will be masonite and match the color of the house and the character of the neighbofiood match the architectural style of the existing structure. Mr. Tatting stated the property is zoned R-1, Single Family Dwelling, as are all the surrounding properties. Locke Lake borders the property at the southwest property line. 1.01 PLANNING COMMISSION MEETING. JUNE 3,1998 PAGE 2 Mr. Tatting stated the property was platted in 1959. The house and attached garage were constructed in 1962. A deck addition was constructed to the rear of the house in 1989. Mr. Tatting stated the zoning code requires a special use permit for accessory buildings over 240 square feet. The garage as proposed meets all setback requirements. The proposed accessory structure is 336 square feet in area. The existing driveway is nearly adjacent to where Rice Creek Boulevard "Ts", and the petitioner plans to use the existing driveway from Rice Creek Boulevard for the new garage. Mr. Tatting stated the existing house and garage are approximately 2,100 square feet. The existing house and garage and proposed garage total 2,436 square feet for a lot coverage of 16.5%. This is under the maximum permitted lot coverage of 25%. Mr. Tatting stated the proposed garage will be about 10 feet from the existing house so the north side of the garage would not be seen by adjacent neighbors. There are a number of pine trees on the south side so the garage would be screened and visibility from adjacent neighbors would be limited. Mr. Tatting stated staff recommends approval of the special use permit with the following stipulations: A second driveway/curb cut shall not be created at the property. 2. The second accessory building shall be one-story, 14 feet wide by 24 feet deep, and shall meet the standards of the Fridley Zoning ordinance and the Uniform Building Code. Mr. Tatting stated that per Minnesota Statute 15.99 adopted by the Minnesota Legislature in 1995, the City of Fridley must act on all land use applications within 60 days. This item was originally scheduled for the May 20, 1998, Planning Commission meeting which was canceled. This item will now go to Council on June 22, which is beyond the 60 day date of June 16. He stated the City, with the consent of the petitioner, can extend the 60-day review period an additional 60 days. They will heed this extension before they can proceed with this item. Mr. Pat Elwell stated he purchased the home about one year ago. He has a boat, company car, two family cars, a utility trailer, etc., and he has a need for more storage space. He stated he does not want to do anything that will not enhance the property. He is very conscious of his neighbors and wants to be a good neighbor. He stated he does not have any problem with the stipulations proposed by staff. Ms. Savage asked Mr. Elwell if he had received any objections from his neighbors. Mr. Elwell stated no one has objected to the proposed garage. He has talked to the 1.02 p� ANNING COMMISSION MEETING JUNE 3 1998 PAGE 3 neighbors most closely affected, and they stated they had no problem with the garage or the location. Mr. Tatting stated staff has received no objections. Mr. Kondrick stated that in the past, he believed the Planning Commission had added a stipulation on special use permits for second accessory structures to ensure that the accessory structure would not be used for a home business. Ms. Modig agreed. She stated she is not concemed with that happening with the current owner, but they need some protection that will prohibit a future ovirner from using the garage for, for example, a tool shop business or car repair business. Mr. Oquist stated he also agreed. He stated there were concems in the past that someone could operate a repair garage out of a second accessory building. Mr. Elwell stated he would have no problem with an additional stipulation. 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 7:45 P.M. MOTION by Mr. Kondrick, seconded by Ms. Modig, to recommend approval of Special Use Permit, SP #98-06, by Patrick Elwell, to allow a second accessory structure (326 square feet) on Lot 12, Block 4, Rice Creek Plaza North, generally located at 236 Rice Creek Boulevard with the following stipulations: 1. A second driveway/curb cut shall not be created at the property. 2. The second accessory building shall be one-story, 14 feet wide by 24 feet deep, and shall meet the standards of the Fridley Zoning ordinance and the Uniform Building Code. 3. The second accessory building shall not be used for a home occupation. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Ms. Modig, seconded by Mr. Oquist, to extend the 60-day review period an additional 60 days. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 1.03 ��;L`I:II�LrZ�� . . ; - - • -- ••; • -- . • •►u ► � MOTION by Mr. Kondrick, seconded by Ms. Modig, to receive the April 22, 1998, Appeals Commission meeting minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. ' �:I .•- ..; -• ► �_ � � � : � : 1 �ll � MOTION by Ms. Modig, seconded by Mr. Kondrick, to receive the April 21, 1998, Environmental Quality & Energy Commission meeting minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. � :�x��l��:C . . . ; �r�1��I�L�: : � • ' u ► : . � : � MOTION by Mr. Kondrick, seconded by Mr. Oquist, to receive the May 7, 1998, Housing & Redevelopment Authority meeting minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. . . ..; ._-� : : ' : �► •uu •► ll MOTION by Mr. Kondrick, seconded by Ms. Modig, to receive the May 11, 1998, Parks & Recreation Commission meeting minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. ADJOURNMENT MOTION by Mr. Kondrick, seconded by Mr. Oquist, to adjoum the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE JUNE 3, 1998, PLANNING COMMISSION MEETING ADJOURNED AT 7:55 P.M. Respectfully sub itted, �' y e a a Recording Secretary 1.04 DESCRIPTION OF REQUEST: Mr. Patrick Elwell is requesting a special use permit to allow the construction of a second accessory building on his property. The proposed garage is 14 feet wide by 24 feet deep, an area of 336 square feet. The building will have eight foot walls with a 4/12 pitch roof. The proposed garage will use the same access point to Rice Creek Boulevard as the attached garage. The property is located at 236 Rice Creek boulevard NE. SUMMARY OF ISSUES: Section 205.07.O1.C.(1) requires a special use permit for accessory buildings over 240 square feet, other than the first accessory building. The proposed second accessory structure is 336 square feet in area. As Mr. Elwell describes his situation, "I have a company car (3 cars total), a boat and trailer, utility trailer, and I need to get things off the street". Mr. Elwell's property is located on the west side of Rice Creek Blvd, adjacent to where the road "T's." The driveway to the existing attached garage is nearly adjacent to the "T." The petitioner's site plan indicates that the proposed garage will utilize the existing driveway; a second driveway/ curb-cut should not be created at this parcel. There is sufficient area to place the proposed garage in order to meet all setback requirements. A variance for the proposed garage would not be necessary. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommend approval of the special use permit with the following stipulations: 1. A second driveway/curb-cut shall not be created at the property. 2. The second accessory building shall be one story, 14 feet wide by 24 feet deep and meet the standards of the Fridley Zoning Ordinance and the Uniform Building Code. 3. The accessory building shall not be utilized for a home occupation STAFF RECOMMENDATION: Staff recommends that the City Council concur with the Planning Commission. 2.01 Staff Report: SP #98-06 236 Rice Creek Blvd NE Page 2 PROJECT DETAILS Petition For: A special use permit to allow the construction of a second accessory structure on the property. The proposed garage is 14 feet by 24 feet, an area of 336 square feet. The building will have eight foot walls with a 4/12 pitch roof. The proposed garage will use the same access point to Rice Creek Boulevard as the attached garage. Location of Property: . The property is located at 236 Rice Creek boulevazd NE. Legal Description of Property: Lot 12, Block 4, Rice Creek Plaza North Addition Lot Size: Topography: Existing Vegetation: Existing Zoning/Platting. Availability of Municipal Utilities: Vehicular Access: Pedestrian Access: Site Planning Issues: Comprehensive Planning Issues: Public Hearing Comments: approximately 14,750 square feet Front is fairly flat and the rear slopes down to Locke Lake. Large pine trees at the south property line, a number of other trees on the lot. R-1, Single Family; Rice Creek Plaza North Addition Connected From Rice Creek Blvd. From Rice Creek Blvd. Limit number of �accesses to Rice Creek Blvd. Zoning and the Comprehensive Plan are consistent in this location. To be taken. 2.02 2 Staff Report: SP #98-06 236 Rice Creek Blvd NE Page 3 DEVELOPMENT SITE REQUEST Mr. Patrick Elwell is requesting a special use permit to allow the construction of a second accessory building on his property. The proposed garage is 14 feet wide by 24 feet deep, an area of 336 square feet. The building will have eight foot walls with a 4/12 pitch roof. The proposed garage will use the same access point to Rice Creek Boulevard as the attached garage. • . Mr. Elwell does not plan to construct the building until this Fall. He is doing other cement work this Spring and would like to pour the floating slab for the garage at the same time. He is requesting the special use permit now to ensure that a garage can be built over the slab. The property is located at 236 Rice Creek Boulevard NE. SITE DESCRIPTION/HISTORY Mr. Elwell's property is located on the west side of Rice Creek Blvd, adjacent to where the road "T's." Locke Lake is located at the west edge of the parcel. The Rice Creek Plaza North Addition was platted in 1959. The house and attached gazage were built in 1962. A deck addition to the rear of the house was constructed in 1989. ADTACENT SITES North: East: South: West: ANALYSIS Zoning: R-1, Single Family Zoning: R-1, Single Family Zoning: R-1, Single Family Zoning: R-1, Single Family Land Use: Single Family Homes Land Use: Single Family Homes Land Use: Single Family Homes Land Use: Locke Lake, railroad, Single Family Homes Section 205.07.O1.C.(1) requires a special use pernut for accessory buildings over 240 square feet, other than the first accessory building. The proposed second accessory building is 336 square feet in area. The existing house and garage are approximately 2,100 square feet. Total azea of new and proposed buildings is 2,436 square feet,16.5% of the property area. This percentage is under 2.03 3 Staff Report: SP #98-06 236 Rice Creek Blvd NE Page 4 the maximum permitted coverage of 25 %. The driveway to the existing attached garage is nearly adjacent to where Rice Creel� Blvd "T's." The petitioner's site plan indicates that the proposed garage will utilize the existing driveway; a second driveway/curb-cut should not be created at this pazcel. The petitioner has indicated that the front of the garage will be brick and stucco to match the existing house. The sides and rear of the garage will be masonite and match the color of the house and the character of the neighborhood. There is sufficient• area to place the proposed garage in order to meet all setback requirements. A variance for the proposed garage would not be necessary. The proposed garage can meet all the zoning and building code requirements without the need of a variance. PLANNING COMMISSION RECOMMENDATION The Planning Commission recommend approval of the special use permit with the following stipulations: 1. A second driveway/ curb-cut shall not be created at the property. 2. The second accessory building shall be one story, 14 feet wide by 24 feet deep and meet the standards of the Fridley Zoning Ordinance and the Uniform Building Code. 3. The accessory building shall not be utilized for a home occupation. STAFF RECOMMENDATION Staff recommends that the City Council concur with the Planning Commission. 2.04 4 _ _ CIIY OF FR! DLEY FRIDLEY MliNICIP.aL CE�fT'ER • 6�131 UiVNERSITYAVE. N.E. FRIDLEY, MN 5�432 •(612) 571-34�0 • FAX (612) 571-1287 June 10, 1998 Patrick Elwell 236 Rice Creek Boulevard NE Fridley MN 55432 .Dear Mr. Eiwell: RE: 60 Day Deadline This is the notification that the City of Fridley is requiring an additional 60 days to act upon your special use permit request, SP #98-06. This request was made by the Planning Commission at their June 3, 1998 meeting. Your request will be on the City Council Agenda on June 22, 1998, therefore, their decision should be made well before the August 14 extension. If you have any questions regarding this letter, please feel free to contact me at 572-3593. Sincerely, . ; r` � �. - �•, , Paul J. tti g ' Planning Assistant c-ss-9� 2.05 CITY OF FRIDLEY 6431 UNIVERSITY AVENUE FRIDLEY, MN 55432 (612) 571-3450 � COMMUNITY DEVELOPMENT DEPARTMENT SPECIAL USE PERMIT APPLICATION FOR: Residential Second Accessorv Others :- site plan required for submittai, see attached Address: a3� �lc� ��"K Property Identificatior� Number. � Legal Description: Lot � 2 Block Tract/Addition Current Zoning: Square footage/acreage: �of-/�v3F � 5in/ 17y5'. �7N+ Reason for Special Use: ttA�v� �',�,��'l,�N�,� c�_ (� ca�r`s -r�f�i_� - � , :,�- ;. Have you operated a business in a city which required a business license? : .,z , Yes No ,_„�_ If Yes, which city? If Yes, what type of business? - Was that license ever denied or revoked? Yes No X �-.' - . �� _ . � _,�:, �V�VV�V�V�V�V�r�V�V�V�V�V�VVN�Y.V1V�V.V�VN�V�V�/�VM�V�VtiiV�V�V�VA/iV�V�V1Vti1Vti�V�V�VN�VN�V�V�V�VA/tii►/�V,VN'V^/A/�V�Vti�V�V . . � ... ,'.':':� FEE OWNER INFORMATION (as it appears on the property title) ' ' ,.,�� (Contract purchasers: Fee owners must sign this form prior to processing} � F�r �� NAME: f��rr� ic k J; ��u.J�-z.� - ADDRESS: 3 � � - �L - DAYTIME PHONE: 5'o�a� 633 �� SIGNATURE/DATE: . .'Y � � �C^� :., � a7 < ��.Z� ( . . � . .. : � �r F� ,�. � ��s iVtiAr1V�r�VV�V�V�Vti�V�V�VAr/N1Yr�V�V��/�V�Vti�V�V�r,VN�V�V�VA/�Y1V�V��V�ViVtititi �Y�Y�V1V�V ��V�V�YtiN�VNA/ PETITIONER INFORMATION ` � . °�'� __ NAM E: c k ..� .� , _ .. _ a _. . ADDRESS: �3� DAYTIME PHONE: �33� SIGNATURE/DATE: � � Section of City Code: - � � � � FEES ._ Fee: $100.00 �' Residential Second Accessory $400.00 Others Application Number:�'1� Receipt #: 6 7 Received By: Scheduled Planning Commission Date: Ma� 7� /59 � Scheduled City Council Date: Junr� g i5�'�" 10 Day Application Complete Notification Date: R �� Z Jc�N 1 t� �� 60 Day Date. _� 2.�6 =�� '�. 'T -;;�,r - , :;; �� ■ , i .r_ _ ca•�dv�a►�y (ad Sux� s��s �t:� �� d►T.� +�d.-.�i:.�f . - � .— - --� --- _ ,.. _-• _ }. ,:i '- . .- a��.`, 3r'te'..-�a.._ . _ � � �. _ _. ^' G _ .... _ . .. .,, .. . .. , s�: ....� •- :�. -.:. �. .�:. . � .� .`... '.�. __. . . . �_� .. �, • - . . . _ . ,'.. . � . . ..; _�' .. , .�... �rs-t�y �+cr � A�li''''s�po�bs' tl. - - ENGII�EERINC3, INC. � ,'�� .�� ;. ., . E�.� - En ineers � Surveyo�s . � 9 �e��$�� g��*� �•: �. d M DEVEL�uMENrC _ T ;_e. . � _ . �,;��,. _ _ ;... - . Q% � . � `� � . ._� _ . , . _ . . GC�� . ` . 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Y. � . . . � 'y' - � � , . . -. � . +T . . ., , ' Ji .. .�i . . . �. - . _ �. j.' . . . : � . . . . `�. � ' , � F J��Y �1 M .. ._. . . • ' , , = q - . . ..� ,'.� : .':. �. � ��., . . . _ . , ' .3 i � s � . . Sk , . . ` � .�� k < ` �� v- . �' . •. - . .� . �, .. . T . . � � , '� � _ r � ` ��4� ,�. .�. '�)..., � � � ` �� , . � " � . . . . . . . . -4 _ . . $ �.�� ?� �ti. . . . . . � � � • .. �... �4� '&V - . � .. ,- � � � "� � f . � f : , ,�� ,�` x, , _ � �` �;_ , _ �: � �� ,� s _ - _ /� ��.: � �� ,�� ; �;� ��, . �� _ -� .� � � � _ ,��"..�� ;' _. _ � � � �_ � � e� `� � _� -r,�� - DATE: June 18, 1998 MEMORANDUM PLANNING DIVISI�N TO: William W. Bums, City Manager� FROM: Barbara Dacy, Community Development Director Scott J. Hickok, Planning Coordinator SUBJECT: Recommendation to Re-Approve Vacation, SAV #97-02, Bachman's, 8200 University Avenue Bachman's representatives have contacted staff stating that Anoka County has indicated Resolution No. 12-1998 (easement vacation, SAV #97-02) will require minor modification prior to filing. Staff has prepared a new resolution modified as required. RECOMMENDATION: Staff recommends approval of the attached resolution. 3.01 RSSOLUTION NO. - 1998 A RESOLUTION APPROVING A VACATION, SAV #97-02, G$NERALLY LOCATED AT 8200 IINIVERSITY AVBNUS NE AND R$PRALING R$SOLUTION N0.5 - 1998 WHEREAS, the Planning Commission held a public hearing on the vacation, SAV #97-02, on Decemmber 17, 1997 and recommended approval to vacate the utility and drainage easements created by the plat of Caba Realty First Addition, Anoka County, Minnesota, over the parcel described as follows: The south 5.00 feet of Lot 2, Block 2, Caba Realty First Addition, Anoka County, except the west 5.00 feet of said Lot 2. WHEREAS, the City Council at their January 5, 1998 meeting passed Resolution No. 5-1998 approving the vacation request; and WHEREAS, Resolution No. 5-1998 has not been recorded; and WHEREAS, Resolution No. 5-1998 required two stipulations; and WHEREAS, Stipulation #1 required recording of an easement, and WHEREAS, Stipulation #2 described in general the area to be vacated; and WHEREAS, the easement required in stipulation #1 has been recorded; and WHEREAS, Stipulation #2 may conflict with the legal description contained in this resolution; and WHEREAS, the petitioner has satisfied all requirements of Vacation request, SAV #97-02; and WHEREAS, Resolution No. 5-1998 is no longer valid; and WHEREAS, Resolution No. 12-1998 was meant to repeal Resolution No. 5-1998; and WHEREAS, The City Council Approved Resolution No. 12-1998 with the intent of repealing Resolution No. 5-1998; and WHEREAS, The County required modification to Resolution No. 12- 1998, prior to their acceptance for filing; and 3.02 WHEREAS, the vacation request has been made in conformance with Minnesota Statutes and pursuant to Section 12,07 of the City Chart�er and Chapter 205 of the Fridley City Code. NOW, THEREFORE, BE IT RESOLVED, THAT THE City Council of the City of Fridley hereby repeals Resolution No. 5-1998, repeals Resolution No. 12-1998, approves vacation, SAV #97-02, without stipulations, and authorizes the City Clerk to amend Appendix C of the City Code. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 22nd DAY OF JUNE� 1998. ATTEST: WILLIAM A. CHAMPA - CITY CLERK 3.03 NANCY J. JORGENSON - MAYOR MEMORANDUM DEVELOPMENT DIRECTOR DATE: June 18, 1998 � TO: William Burns, City Manager �� FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Julie Jones, Planning Assistant/Recycling Coordinator SUBJECT: 1998 Residential Recycling Agreement with Anoka County Background: Once again, it is time to approve the annual agreement for SCORE funding with Anoka County. This agreement allows us to receive up to $75,219.97 in state funds from Anoka County to subsidize the cost of our 1998 residential recycling program. This amount is in accordance to the amount we estimated when preparing the 1998 budget last year. . Recommendation: Staff recommends that the City Council approve this agreement at the June 22 City Council meeting for the Mayor's signature so that the City will qualify for our first 1998 SCORE payment when mid-year reports are submitted on July 20. M-98-139 4.01 Anoka County Contract #900239-8 AGREENIENT FOR RESIDENTIAL RECYCLING PROGR�ti1 THIS AGREEV�NT made and entered into on the 26th day of May,1998, notwithstandin� the date of the signatures of the parties, between the COUNTY OF Ai�TOKA, State of Minnesota, hereinafter refened to as the "COUNTY", and the CITY OF FRIDLEY, hereinafter referred to as the "MUNICIPALITY". WITNESSETH: WHEREAS, Anoka County has received $776,784 in funding from the State of Minnesota pursuant to Minn. Stat. § 115A.557 (hereinafter "SCORE funds"); and WHEREAS, the County wishes to assist the Municipaliry in meeting recycling goals established by the Anoka County Board of Commissioners by providing said SCORE funds to cities and townships in the County for solid waste recycling programs. NOW, THEREFORE, in consideration of the mutual covenants and promises contained in this Agreement, the parties mutually agree to the following terms and conditions: 1. PURPOSE. The purpose of this Agreement is to provide for cooperation between the County and the Municipality to implement solid waste recycling programs in the Municipality. 2. TERM. The term of this Agreement is from January 1, 1998 through December 31, 1998, unless earlier ternunated as provided herein. 3. PROGRAM. The Municipality shall develop and implement a residential solid waste recycling program adequate to meet the Municipality's annual recycling goal of 2,473 tons as established by the County. "Recycling" means the process of collecting and preparing recyclable materials and reusing the materials in their original form or using them in manufacturing processes that do not cause the destruction of recyclable materials in a manner that precludes further use. "Recyclable materials" means materials that are separated from mixed municipal solid waste for the purpose of recycling, including paper, glass, plastics, metals, fluorescent lamps, and vehicle batteries. Refuse derived fuel or other material that is destroyed by incineration is not a recyclable material. "Problem material" shall have the meaning set forth in Minn. Stat. § 115A.03, subdivision 24a. "Yard waste" shall have the meaning set forth in Minn. Stat. § 115A.931. 4. REPORTING. The Municipality shall submit the following reports semiannually to the County no later than July 20, 1998 and January 20, 1999: A. An accounting of the amount of waste which has been recycled as a result of the Municipality's activities and the efforts of other community programs, redemption centers and drop-off centers. For recycling pro�rams, the Municipality shall certify 4.02 the number of tons of each recyclable material which has been collected and the number of tons of each recyclable material which has been marketed. For recycling programs run by other persons or entities, the Municipality shall also provide documentation on forms provided by the County showin� the tons of materials that were recycled by the Nlunicipality's residents throuah these other pro�rams. The Municipality shall keep detailed records documenting the disposition of all recyclable materials collected pursuant to this agreement. The Municipality shall also report the number of cubic yards or tons of yazd waste collected for composting or landspreading, toaether with a description of the methodology used for calculations. Any other material removed from the waste stream by the Municipality, i.e. tires and used oil, shall also be reported separately. B. Information regarding any revenue received from sources other than the County for the M�tnicipality's recycling programs. . C. Copies of all promotional materials that have been prepazed by the Municipality during the term of this Agreement to promote its recycling programs. The Municipality agrees to furnish the County with additional reports in form and at frequencies requested by the County for financial evaluation, program management purposes, and reporting to the State of Minnesota. 5. BILLING AND PAYMENT PROCEDURE. The Municipality shall submit itemized invoices semiannually to the County for abatement activities no later than July 20, 1998 and January 20, 1999. Costs not billed by January 20, 1999 will not be eligible for funding. The invoices shall be paid in accordance with standard County procedures, subject to the approval of the Anoka County Boazd of Commissioners. 6. ELIGIBILITY FOR FUNDS. The Municipality is entitled to receive reimbursement for eligible expenses, less revenues or other reimbursement received, for eligible activities up to the project maximum as computed below, which shall not exceed $75,219.97. The project maximum for eligible expenses shall be computed as follows: A. A base amount of $10,000.00 for recycling activities only; and B. $5.89 per household for recycling activities only. 7. RECORDS. The Municipality shall maintain financial and other records and accounts in accordance with requirements of the county and the State of Minnesota. The Municipaliry shall maintain strict accountability of all funds and maintain records of all receipts and disbursements. Such records and accounts shall be maintained in a form which will permit the tracing of funds and program income to final expenditure. The Municipality shall maintain records sufficient to reflect that all funds received under this Agreement were expended in accordance with Minn. Stat. § 115A.557, subd. 2, for residential solid waste recyclin� purposes. The Municipality shall also maintain records of the quantities of materials recycled. All records and accounts shall be retained as provided by law, but in no 4.03 even[ for a period of less than three yeazs from the last receipt of payment from the County pursuant to this A�reement. 8. AUDIT. Pursuant to vlinn. Stat. § 16B.06, Subd. 4, the Municipality shall allow the County or other persons or ajencies authorized by the County, and the State of Nlinnesota, includin� the Legislative Auditor or the Sta[e Auditor, access to the records of the Nlunicipality at reasonable hours, includin� all books, records, documents, and accounting procedures and practices of the Municipality relevant to the subject matter of the Agreement, for purposes of audit. In addition, the County shall have access to the project site(s), if any, at reasonable hours. 9. GENERAL PROVISIONS A. In perfornung the provisions of this Agreement, both pazcies aa ee to comply with all applicable federal, state or local laws, ordinances, rules, regulations or standards established by any agency or special governmental unit which are now or hereafter promulgated insofar as they relate to performance of the provisions of this Agreement. In addition, the Municipality shall comply with all applicable requirements of the State of Minnesota for the use of SCORE funds provided to the Municipaliry by the Counry under this Agreement. B. No person shall illegally, on the grounds of race, creed, color, religion, sex, marital status, public assistance status, sexual preference, handicap, age or national origin, be excluded from full employment rights in, participation in, be denied the benefits of, or be otherwise subjected to unlawful discrimination under any program, service or activity hereunder. The Municipality agrees to take affirmative action so that applicants and employees are treated equally with respect to the following: employment, upgrading, demotion, transfer, recruitment, layoff, ternnination, selection for training, rates of pay, and other forms of compensation. C. The Municipaliry shall be responsible for the performance of all subcontracts and shall ensure that the subcontractors perform fully the terms of the subcontract. The Agreement between the Municipality and a subcontractor shall obligate the subcontractor to comply fully with the terms of this Agreement. D. The Municipality agrees that the Municipality's employees and subcontractor's employees who provide services under this agreement and who fall within any job classification established and published by the Minnesota Department of Labor & Industry shall be paid, at a minimum, the prevailing wages rates as certified by said Department. E. It is understood and agreed that the entire Agreement is contained herein and that this Agreement supersedes all oral and written agreements and negotiations between the parties relating to the subject matter hereof. 4.04 F. Any amendments, alterations, variations, moditications, or waivers of this Aa eement shall be valid only when they have been reduced to writin', duly signed by the parties. G. Contracts let and purchases made under this Agreement shall be made by the Municipality in conformance with all laws, rules, and regulations applicable to the Niunicipaliry. H. The provisions of this Agreement are severable. If any paraa aph, section, subdivision, sentence, clause or phrase of this Aa eement is for any reason held to be contrary to law, such decision shall not affect the remaining portion of this Agreement. I. Nothing in this Agreement shall be construed as creating the relationship of co- partners, j oint venturers, or an association between the County and Municipality, nor sha11 the Municipality, its employees, agents or representatives be considered employees, agents, or representatives of the County for any purpose. 10. PUBLICATION. The Municipality shall acknowledge the financial assistance of the County on all promotional materials, reports and publications relating to the activities funded under this Agreement, by including the followina acknowledaement: "Funded by the Anoka County Board of Commissioners and State SCORE funds (Select Committee on Recycling and the Environment). 11. INDEMNIFICATION. The County agrees to indemnify, defend, and hold the Municipality harrriless from all claims, demands, and causes of action of any kind or character, including the cost of defense thereof, resulting from the acts or omissions of its public officials, officers, agents, employees, and contractors relating to activities performed by the County under this Agreement. The Municipality agrees to indemnify, defend, and hold the Counry harmless from all claims, demands, and causes of action of any kind or chazacter, including the cost of defense thereof, resulting from the acts or omissions of its public officials, officers, agents, employees, and contractors relating to activities performed by the Municipality under this Agreement. The provisions of this subdivision shall survive the ternunation or expiration of the term of this Agreement. 12. TERIVIINATION. This Agreement may be terminated by mutual written agreement of the parties or by either party, with or without cause, by giving not less than seven (7) days written notice, delivered by mail or in person to the other party, specifying the date of termination. If this Agreement is ternunated, assets acquired in whole or in part with funds provided under this Agreement shall be the property of the Municipality so long as said assets are used by the Municipality for the purpose of a landfill abatement projram approved by the County. 4.05 IN WIT�iESS `VHEREOF, the parties hereunto set their hands as of the dates first written above: COUNTY OF ANOKA : Dan Erhart, Chairman Anoka County Baazd of Commissioners Date: ATTEST: John "Jay" McLinden County Administrator Date: Approved as to form and legality: Assistant Counry Attorney CITY OF FRIDLEY By: Name: Title: Date: Municipality's Clerk Date: Approved as to form and legality: 4.06 DATE: June 16, 1998 MEMORANDUM PLANNING DIVISION TO: William W. Bums, City Manager ��r � FROM: Barbara Dacy, Community Development Director Scott J. Hickok, Planning Coordinator Pat Wolfe, Section 8, Housing Coordinator SUBJECT: Resolution Approving Grant to Elim and Authorizing Execution of a Grant Agreement INTRODUCTION On June 3, staff prepared an information memo for the City Council regarding a special housing program, designed by Pat Wolfe. The purpose of this memo is to briefly review the program elements and recommend approval of the attached resolution. PROGRAM ELEMENTS • The City will provide a$5,000 grant to Elim Transitional Housing, Inc. • With this money, Elim Transitional Housing, Inc. will administer small loans to eligible Section 8 certificate or voucher holding clients. • Low -income clients will use the Elim loan to enable them to clear an unlawful detainer from their record, thereby allowing them to qualify for comfortable housing. • Elim Transitional Housing, Inc. will provide quarterly financial reports to the City of Fridley. • Elim Transitional Housing, Inc. will provide a yearly update regarding workability of the loan program for clients of Elim. • The City will review the financial statements submitted by Elim _ Transitional Housing to assure compliance with requirements. • The City would review status of program and work with Elim if refinements to the program are needed. • All clients interested in an Elim loan through this program will be screened for eligibility. Eligibility standards have been set and are attached for your convenience (June 3, staff memo). 5.01 William W. Burns June 16, 1998 PAGE 2 By including the eligibility requirement that the loan recipient be on the Section 8 waiting list or currently on the section 8 program, we are anticipating this will reduce the risk of future unlawful detainers for unpaid rent. The family will then be paying 30% of their income for rent as opposed to the entire rent. These grant dollars will be paid back to Elim, by the clients, on an affordable installment schedule. This repayment will allow Elim to recapture funds and to have a revolving loan program, specifically for these situations. The proposed program is funded entirely from Section 8 funds and will not affect the City's general fund. RECOMMENDATION Staff recommends approval of the program and the attached resolution. M-98-137 5.02 RESOLUTION NO. -1998 A RESOULTION APPROVING THE AWARD OF A GRANT IN THE AMOUNT OF $5,000 TO ELIM TRANSITIONAL HOUSING, INC. AND AUTHORIZING EXECUTION OF A GRANT AGREEMENT WHEREAS, The City Council at their June 8, 1998 received information regarding a housing program, using Section 8 Housing program dollars that have accrued as a result of the City's successful management of Spring Lake Park, St. Anthony, and Fridley clients in need of affordable housing; and - WHEREAS, The City Council has concurred that a grant in the amount of $5000.00 is appropriate for the described Unlawful Detainer program; and WHEREAS, the grant to Elim Transitional Housing will provide funds to allow that organization to further assist very low income individuals; and WHEREAS, A contract agreement will be entered into befinreen Elim Transitional Housing and the City of Fridley assuring standards for monitoring program success; and WHEREAS, The City retains the right to request and receive excess funds back, in the event that the program is not being administered in the manner in which it was designed. NOW, THEREFORE, BE IT REOLVED, that the City Council of the City of Fridley hereby approves a grant of $5000.00 to Elim Transitional Housing, Inc. and authorizes the Mayor and City Clerk to execute a grant agreement. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF ,1998. ATTEST: WILLIAM A. CHAMPA - CITY CLERK 5.03 NANCY J. JORGENSON - MAYOR Execution GRANT AGREEMENT This GRANT AGREEMENT ("AgreemenY') is made as of the 22nd Day of June, 1998, by and between the CITY OF FRIDLEY, with offices at 6431 University Avenue Northeast, Fridley Minnesota 55432, ("City"), and Elim Transitional , Housing, Inc. (a Minnesota nonprofit corporation) , with offices at 3989 Central Avenue, NE, Surte 565, Minneapolis, MN 55421-3972. ("Elim"� RECITALS A. Elim has a need for funds to provide loans to individuals who are otherwise strong rental tenant candidates, who, due to an Unlawful Detainer may be unable to secure comfortable housing. B. The City has $5,000 in funds that it can provide. Funds that have accumulated as a result of the successful administration of the City's Section 8 program in Fridley and through the sharing of the City's Section 8 Coordinator with the City's of Spring Lake Park and St. Anthony. NOW, THEREFORE, in consideration of the foregoing and the mutual promises contained in this agreement, the parties agree as follows: �. .- - .�: ...�.. •.._. 1.1 The City (through its Section 8 Coordinator) shall provide $5000.00 to Elim for the specific use stated. 1.2 The City (through its Section 8 Coordinator) shall review the financial statements provided by Elim to monitor program activity. 1.3 The City (through its Section 8 Coordinator) shall review the status of the program and work with Elim if program changes are needed to better administer the funds. � •. .. . 2.1 Administration of funds including but not limited to: creating loan forms, processing loans, and monitoring loans. 2.2 Elim shall verify that the following eligibility requirements have been met by the client: • Client is a current Section 8 certificate or voucher holder and currently in case management with Elim Transitional 5.04 Housing or currently on the Section 8 waiting list with the Metro HRA. • A rental unit has been found contingent on unlawful detainer debt being paid off. Fridley Section 8 Coordinator to provide a list of landlords who will rent on this basis (when possible) • Reason for client's unlawful detainer limited to unpaid rent or domestic abuse incident and the abuser is no longer a part of the household and no more than one unlawful detainer on record. A$750.00 damage limit has been identified for this criteria. •• Client must be living in Fridley, Spring Lake Park, or St. Anthony, or if currently in another community and future rental unit is in one of the eligible communities, verification must be provided from a landlord or management company. • Client must have no recent (within the past 12 months) drug or criminal related offense by any household member as described by the Section 8 regulation. • Client must have the financial ability and willingness to pay back unlawful detainer payoff loan. 2.3 Elim shall provide quarterly financial reports to the City's Section 8 Coordinator. 2.4 Elim shall provide annual updates regarding the workability of program for clients of Elim. 3. Term and Termination 3.1The City of Fridley reserves the right to request the retum of remaining funds from Elim Transitional Housing, Inc. if the program is deemed unsuccessful by virtue of poor perFormance in two consecutive quarterly reviews by the City Section 8 Coordinator. Poor performance for this purpose shall mean continued non- payment by clients receiving funds, poor record keeping in quarterly reports, or loans granted by Elim to non- qualifying clients. Otherwise the funds can serve as an on-going, revolving loan fund for Elim and there is no other obligation to retum the funds. G!� -� ' 4.1 During the term of this agreement, Elim shall obtain and maintain the following insurance coverage: (a) Worker's Compensation Insurance at the statutory requirement for the State of Minnesota 4.2 During the term of this agreement, Elim shall provide the City with a certificate or certificates of insurance rating to the insurance required pursuant to paragraph 4.1 � 5.05 5. Liability and Indemnification 5.1 Elim represents that the services to be provided under this agreement are reasonable in scope and that Elim has the experience and ability to provide the services. 5.2 Elim warrants that any services provided hereunder shall be done in a professional and workmanlike manner. 5.3 Elim shall indemnify, defend and hold harmless the City and their officers, directors, employees, and agents from and against any - and all claims, damages, losses, injuries, and expenses (including attorney's fees and damages for death, personal injury and property damage) which the City may incur as a result of any act or omission by Elim in providing services under this agreement. 5.4 The City shall defend and hold harmless Elim and its officers, directors, employees, and agents from and against any and all claims, damages, losses, injuries and expenses (including attorney's fees and damages for death, personal injury and property damage) which Elim may incur as a result of any act or omission by the City in discharging its duties under this agreement. 6. ConfidentialitX Unless otherwise agreed by the City in writing, Elim shall maintain in confidence and not disclose to any third party any information obtained regarding the City and/or any of the City's clients for which Elim is providing services; provided, however, that this obligation to maintain confidentiality shall not apply to: • Information in the public domain at the time of disclosure; • Information that becomes part of the public domain after disclosure through no fault of Elim; or • Information which Elim can demonstrate was known by it prior to the date of this agreement. • Information required accordance with mandatory reporting laws. 7. Relationshi� of Parties Elim will provide services as an independent entity under this agreement. Neither Elim, nor any of its employees or agents, shall be considered employees of the City for any purpose, neither shall Elim be eligible for any compensation or benefits which the City may provide to its employees from time to time. Elim shall be solely responsible for employment and other taxes applicable to providing seniices hereunder, and the City will not withhold any taxes applicable to providing services r3.06 hereunder, and the City will not withhoid any taxes or contributions from the compensation payable to Elim under this agreement. If any govemmental authority owes taxes or contributions which allegedly should have been withheld or made, then, to the extent permitted by law, Elim shall pay the City the amounts claimed to be due, plus reasonable attorney's fees and other costs which the City may incur in defending such claim,. Whether or not the lawsuit is commenced. All notices, requests, demands, and other communications required to be given to the other party in person or by mail as provided in this section. If delivered personally, notice shall be deemed to have been duly given on the date of delivery. If delivered by U.S. mail, postage pre-paid, to the address set forth at the beginning of thisAgreement or such other address as a party may otherwise request written notice shall be deemed duly given three (3) business days after mailing. 8. Assignment This agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, successors and assigns; provided however, that neither party shall assign or transfer in any manner, this agreement or any portion hereof without the prior written consent of the other party, and in any attempt to assign or transfer without prior written consent shall be void and of no effect. 9. Goveming Law This agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 10. Miscellaneous 10.1 Headings and captions used in this agreement are for convenience only and shall not affect the meaning of this agreement. 10.2 This Agreement contains the entire agreement of the parties and supersedes all prior agreements discussions and representations, written and oral, conceming the subject matter hereof. 10.3 No waiver by the authority of any term or condition of this Agreement or any document referred to herein shall, whether by conduct or otherwise, be construed as a waiver or release of any other term or condition in this agreement. 10.4 This agreement may only be amended in a written agreement signed by both parties. 10.5 Except as expressly set forth in Section 5, the rights and benefit under this agreement shall inure solely to the benefit of the City and Elim, and this Agreement shall not be construed to give any rights, benefits or causes of action to any third party. 5.�7 10.6 The invalidity or partial invalidity of any provision of this Agreement shall not invalidate the remaining provision, and the remainder shall be construed as of the invalidated po�tion shall have never been a part of this agreement. 10.7 Elim shall comply with the provisions of Minnesota Statutes Chapter 13 (Govemment Data Practices) that are applicable to the Authority and shall not disseminate any information concerning loan requests or the borrowers without the prior written approval of the City. 10.8 This agreement may be signed in any number of counterparts, each of which shall be deemed an original and one and the same • instrument. - IN WITNESS WHEREOF, the parties have executed this agreement as of the date first written above. THE CITY OF FRIDLEY By: Date Nancy J . Jorgenson Its: MAYOR By: Date Bill Champa Its: City Clerk ELIM TRANSITIONAL HOUSING, INCORPORATED By: Date Sue Watlov Phillips Its: Executive Director 5.08 City of Fridley TO: William W. Burns, City Manager PW98-132 r� FROM: John G. Flora, Public Works Director Jon H. Haukaas, Assistant Public Works Director � DATE: June 22, 1998 SUBJECT: Change Order No. 3 for the Hackmann Avenue Street Improvement Project No. ST. 1998 - 1 . The attached Change Order No. 3 covers excess common excavarion and granulaz borrow needed to correct poor soils encountered during construction. In addition, the amount of driveway removal and replacement was under estimated. Numerous driveways are at steep grades requiring the driveways to be cut back further than normal and realigned vertically to create a smooth �ransition onto the new street. Also, there aze a significant number of concrete driveways where whole panels had to be removed rather than cutting back to the minimum necessary as can be done with a bituminous drive. The net cost of Change Order No. 3 is $41,500. Recommend the City Council approve Change Order No. 3 to Forest Lake Contracting for the Hackmann Avenue Street Improvement Project No. ST 1998 - 1. JGF/JHI3:cz Attachment 6.01 CITY OF FRIDLEY ENGINEERING DEPARTMENT 6431 UNI�7ERSITY AVENUE N.E. FR,IDLEY, MN 55432 June 22, 1998 Forest Lake Contracting, Inc. 14777 Lake Drive Forest Lake, MN 55025 SUBJECT: Change Order No. 3, Hackmann Avenue Street Improvement , Project No. ST. 1998-1 Gentlemen: You are hereby ordered, authorized, and instructed to modify your contract for the Hackmann Avenue Street Improvement Project No. ST. 1998-1 by adding the following work: Addition: Item 1. Common Excavation 2. Granular Borrow 3. Concrete Driveways 4.Bituminous Driveways TOTAL CHANGE ORDERS: uanti 2,000 CY 400 CY 700 SY 200 SY Price 475.00 6.00 38.00 15.00 Amount 9,500.00 2,400.00 26,600.00 3,000.00 TOTAL ADDITIONS . . . . . . . . . . . . . . . $41,500.00 Original Contract Amount . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $382,705.00 Contract Additions - Change Order . No. 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $35,619.00 No.2 .................................. $9327.13 No.3 ............................... 41.500.00 REVISED CONTRACT AMOUNT �469.151.13 � 6.02 Forest Lake Contracting, Inc. Change Order No. 3 June 22, 1998 Page 2 Submitted and approved by John G. Flora, Public Works Director, on the 22nd day of June, 1998. Prepared by Checked by John G. Flora, P.E. Director of Public Works Approved and accepted this day of , 1998 by FOREST LAKE CONTRACTING, INC. Dan Vollhaber, PE Approved and accepted this day of , 1998 by CITY OF FRIDLEY Nancy Jorgensen, Mayor William W. Burns, City Manager 6.03 W Z W > Q Q Z W 0 � Q (� 3N �Ia N2�OH2J311HW W Z W > Q Z Q f Y U Q I •C � � � a 3N 2�0 NOSINN31 v�,� \ �_ W Z � U Z Q � Y U Q _ H � 3 � > L A � � 0 � .� � aa > T � � > .` Ca � � 0 U ❑ W Z Z� J � a 3 _ H Q ! _ W Z Z J } 3 Q 2 Q 2 3N 1S �1'lOd City of Fridley TO: William W. Burns, City Manager �r�,� � FROM: John G. Flora! Public Works Director DATE: June 22, 1998 SUBJECT: Central Avenue Improvement Project PW98-137 The Anoka County Highway Department has completed the plans for the reconstruction of Central Avenue from Rice Creek north to the corporate limits. This section improvement includes widening the road approximately 8 feet to the west, installing a storm sewer system from Spring Lake Park into Rice Creek, placement of concrete curb and gutter on the west side in the improvement area and installing an 8-foot asphalt bike path along the west side of Central Avenue. The County is advertising the project and plans to open the bids on June 25�' for conshuction this summer. The County requires the City to approve the plans and specifications. To proceed with the project, recommend the City Council approve the Anoka County plans for proj ect No. 02-635-08 for the installation of storm sewer, bike path and reconstruction of Central Avenue from Rice Creek north. JGF:cz Attachment 7.01 STATE PROJ. N0. �2-635-08 C.S.A.H. 35 GROSS LENGTH 2581.4:` METERS 2.581 KI�OMETERS BRIOCES-LENGTH 0•a! METERS 0.000 KI�OMETERS ExCEPnOr�S-�ENGTM �•o�! METERS 0.000 KI�OMETERS NET LENGTH 2581.4:` METERS 2•58� KILOMETERS P. 02-635-08 � � 062.353 � � 1 IDLE y_ � �� _ '` . f,` t ��.. � ��MOO�E �'� ��LAKE ,� 3� `\ ,��. � , � �l S.A.P. 02-635-10 �� ,;�� _; :� \� � . i 7.�2 , STATE PROJ. NC GROSS IENGTH BRIOGES-LENGTH EXCEPTIONS-LENGTH _ NET IENGTH � �� --�-- --.I BEGIN S.A.P. 02-635- � STA. 2+081.07 END S.A.P. 02-635-10 � STA. 12+540.00 � � QTY OF FRIDLEY CLAIMS J U N E 22, 1998 CLAIMS 81137 - 81402 8.01 � � CfTY OF FRIDLEY �ne ofLicense FOOD SALES ; Northwest Athletic Club 1200 East Moore Lake Drive N.E. Fridley, NIN 55432 FOOD ESTABLIS�IMENT: Snyder's Drug Store, Inc. 6582 University Avenue N.E. Fridley, MN 55432 CIGARETTE RETAIL: Snyder's Drug Store, Inc. 6582 University Avenue N.E. Fridley, MN 55432 GAMBLING ENDORSEMENT Maple Lanes/AMF Bowling Centers 6310 Highway 65 Fridley, MN 55432 ON-SALE BEER Columbia Arena 7011 University Avenue N.E. Fridley, MN 55432 ON-SALE LIQUOR Maple Lanes/AMF Bowling Centers 6310 Highway 65 Fridley, MN 55432 LICENSES JUNE 22, 1998 BYY Michael P. Bardaro (Beer sales durin$ Vulcans' Junior A hockeV �ames onlv.) 9.01 Approved Bv Fire Dept. Police Dept. Building Irispection Fire Dept. Police Dept. Community Development Building Inspection Fire Dept. Police Departrnent Community Development Building Inspection Fire Dept. Police Dept. Police Dept. Fire Dept. Police Dept. Community Development Building Inspection Fees $ 45.00 $ 45.00 $125.00 $300.00 $505.00 $6,200.00 � a CfTY OF FRIDLEY LICENSES J U N E 22,1998 � � cmr oF FRIDIEY ELECTRICAL � Bergmann Electric Corp • � PO Box 115 Mound MN 55364 GAS SERVICES J Smith Heating & AC 14034 Lexington Ave NE Ham Lake MN 55304 LICENSES JUNE 22, 1998 Jeff Bergmann Joel Smith Master Mechanical Inc 1027 Gemini Rd Eagan MN 55121 Gordon Peters GENERAL CONTRACTOR-COMMERCIAL Allstar Construction 3315 N Hwy 100 Minneapolis MN 55422 Robert Vassallo American Gutter Service Inc 19512 E Country Cir Rogers MN 55374 Dave Bormes Family Remodelers Inc 5318 Jersey Ave N Crystal MN 55428 Hall Norman Enterprises 56 66 1/2 Way NE Fridley MN 55432 - Kuzmich Construction 9932 Ives Ln N Maple Grove MN 55369 Ondarko Tuckpointing 16315 82 Pl N Maple Grove MN 55369 Rainbow Cleaning & Restoration Ine 9741 96 Ave N Maple Grove MN 55369 Keith Williams Norman Hall Andrew Kuzmich J L Peterson Paul Swanson 9.03 STATE OF MINN RON NLKOWSKI Building Official Same RON NL�OWSKI Building Official Same Same Same Same Same Same Viger Jamey Contractor 2955 Bunker Lake Blvd NE Ham Lake MN 55304 Jamey Viger , GENERAL CONTRACTOR-RESIDENTIAL Affordable Remodelers (20054435) 4143 Washburn A�e Minneapolis MN 55412 Duane Barth All Quality Construction (4256) 506 Polk St Anoka MN 55303 Richard Parker Almeida Bob (20132515) 15711 Nightingale St NW Andover MN 55304 Bob Almeida Banner Roofing Corp (20012044) 6001 Lyndale Ave S Minneapolis MN 55419 Mike Brummund Berggren Construction (3339) 8 Crocus Ln North Oaks MN 55127 Cliff Berggren Bodinski Construction (20019069) 2215 135 Ln NW Andover MN 55304 Steve Bodinski Boland Pat Construction (20010173) 3233 140 Ave NW Andover MN 55304 Pat Boland Bridges Noah Restoration Spec (7406) 4101 Gale Circle Arden Hills MN 55112 Noah Bridges Cardinal Construction of MN (20136205) 600 Janesville St NE Fridley MN 55432-1639 Ron Williams Dahl Builders & Remodelers (20050777) 451 Maple St Spring Lake Park MN 55432 Dale Dahl 9.04 Same STATE OF MINN Same Same Same Same Same Same Same Same Same Danielson G R& Son Construction (24122709) 1347 146 Ave NW Andover MN 55304 Gary Danielson Dolphin Pool & Spa (5310) 3405 Hwy 169 N Plymouth MN 55441 Lon Blumenberg Giertsen Company (1796) 8b0 Decatur Ave N Golden Valley MN 55427 Richard Giertsen Jr Halek Roofmg (5010) 6258 Eagle Lake Dr Maple Grove MN 55369 Paul Halek Imperial Homes (20014230) 4196 Lexington Ave N Shoreview MN 55126 Rich Riemersma Johnson George Contr (1016) 5410 Girard Ave N Brooklyn Center MN 55430-3166 George Johnson Larson Lloyd Construction Inc (4009) 1025 Northdale Blvd Coon Rapids MN 55448 Lloyd Larson Lunemann Construction (20045212) 11617 Zane Cir � Champlin MN 55316 Mike Lunemann Meyers Construction Co (20093588) 11430 Jonquil St NW Coon Rapids MN 55434 Keith Meyers Mobile Maintenance Inc (8198) 505 Fairmont St Fridley MN 55432 Steve Witzel Panelcraft of MN (2179) 3118 Snelling Ave S Minneapolis MN 55406 Gary Robideau 9.05 Same Same Same Same Same Same Same Same Same Same Same Premium Roofmg (20097688) 6680 Lucia Lane NE Fridley MN 55432 Quarve Contracting Inc 8427 Center Dr NE Spring Lake Park MN 55432-1309 R & B Construction Inc (20072653) 1814 214 Ave NE Cedar Mn 55011 Eric Lundeen Patrick Quarve Brian Hegdahl Rainbow Cleaning 8i Restoration (8703) 8741 86 Ave N Maple Grove MN 55369 Paul Swanson Schoenbom Construction (20032072) 5107 Drew Ave N Brooklyn Center MN 55429 Scott Construction (20131822) 5545 Knoll Dr Shoreview MN 55126 Stephen Home Remodeling (5743) 22251 169 St Big Lake MN 55309 Tabor & Son Inc 3716 St Francis Blvd Anoka MN 55303 Up Top Construction (7712) 2737 111 Ave NW Coon Rapids MN 55433 Wiger Construction (8392) 901 Rice Creek Ter NE Fridley MN 55432 Wright Home Improvement (20035829) 4735 Norwood Lane N Plymouth MN 55442 Everett Schoenbom Larry Scott Tim Stephens Arnold Tabor David Archambault David Wiger Tom Anderson 9.06 Same Same Same Same Same [•`�iL� Same Same Same Same Same HEATING Master Mechanical Inc 1027 Gemini Rd Eagan MN 55121 NSI Mechanical Contracting Co 2300 Territorial Rd St Paul, MN 55114 J Smith Heating & AC 14034 Lexington Ave NE Ham Lake MN 55304 MOVING Dale Movers Inc 7816 Central Ave NE Spring Lake Park MN 55432 PLUMBING Budget Plumbing Corp S 119 Hanson Court Crystal MN 55429-3108 Wenzel Plumbing & Heating Co Inc 1959 Shawnee Rd Eagan MN 55122 ROOFING B L Dalsin Roofing 8824 Wentworth Ave S Bloomington MN 55337 Gordon Peters Frank Oslund Joel Smith Mike Petersen Fred Huralt Cary Wenzel John Flynn 9.07 RON JULKOWSKI Building Official Same Same STATE OF MINN Same STATE OF MINN RON JULKOWSKI Building Official � � CfTY OF FRIDLEY Insituform Technologies, Inc. 17988 Edison.Avenue Chesterfield, MO 63005-3700 ESTI MATES J U N E 221998 Sanitary and Storm Sewer Repair Project No. 314 FINAL ESTIMATE : ............................................................................ $133,734.00 Diversified Paving, Inc. 8019 - 146�' Avenue N.W. Ramsey, MN 55303 1997 Driveway Paving Project No. 307 EstimateNo. 5 ................................................................................... $ 8,109.89 Park Construction Company 7900 Beech Street N.E. Minneapolis, MN 55432 Rice Creek Bank Stabilization Project No. 309 Estimate No. 3 ................................................................................:.. $ 93,987.30 Forest Lake Contracting 14777 Lake Drive Forest Lake, MN 55025 Hackmann Avenue/Hackmann Circle Street Improvement Project No. ST. 1998 - 1 Estimate No. 5 ................................................................................... $198,997.60 10.01 CtTY OF ERIDLEY Pl1BL(C WORKS DEPARTMENT ENGINEERING DNISION 6431 Clniversity Avenue N.E. Fridley, Minnesota 55432 June 22, 1998 Honorable Mayor and City Council City of Eridley c/o William W. Burns, City Manager 6431 llniversity Avenue N.E. Fridley, MN 55432 Council Members: CERTIFICATE OF THE ENGINEER We hereby submit the Final Estimate for Sanitary and Storm Sewer Repair Project No. 314, for Insituform Central, Inc., 17988 Edison Ave, Chesterfield MO 63005- 3700. We have viewed the work under contract for the construction of Sanitary and Storm Sewer Repair Project No.314 and find that the same is substantially complete in accordance with the contract documents. 1 recommend that final payment be made upon acceptance of the work by your Honorable Body and that the one year contractuat maintenance bond commence on June 19, 1998. Respectfully submitted, ,�'� John G. Flora Director of Public Works )T:cz Prepared b; Checked b� 10.02 June 22, 1998 To: Public Works Director City of Fridley REPORT ON F1NAL INSPECTION FOR � CI'iY OF FRIDLEY SANITARY 8. STORM SEWER REPAIR PROIECT NO. 314 We, the undersigned, have inspected the above-mentioned project and find that the work required by the contract is substantially complete in conformity with the plans and speciFications of the project. All deficiencies have been corrected by the contractor. Also, the work for which the City feets the contractor should receive a reduced price has been agreed upon by the contractor. So, therefore, we recommend to you that the City approve the attached FlNAL ESTIMATE For the contractor and the one-year maintenance bond, starting from the day of the final inspection that being Iune 19. 1998. � Jon Thompson, Construction Inspector ontract p�esentat e, (Title) Steve . H'rtz, Oper tions Ma.nager Insitu r tral, In . 10.03 June 22, ] 998 City of Fridley SANITARY 8. STORM SEWER REPAIR PROjECT NO. 314 0 PREVAILING WAGE VERIFICATION This is to certify that Insituform Central, lnc. has abided by the Prevailing Wa�e Provisions as specified by the Minnesota Department of Labor and Industry for Anoka County. [ declare under the penalties of perjury that this statement is just and correct. INSI'ti1FORM CEN?RAL, INC. 10.04 June 22, 1998 City of Fridley SANITARY 8. STORM SEWER REPAIR PROJECl' NO. 314 � GERTIFICA'iE OE CONTRACTOR This is to certify that items of the work shown in the statement of work certified herein have been actually furnished and done for the above-mentioned projects in accordance with the ptans and specifications heretofore approved. The final contract cost is S 198,362.50 and the final payment of $133,734.00 for the improvement project would cover in full, the contractor's claims against the City for all labor, materials and other work down by the contractor under this project. [ declare under the penalties of perjury that this statement is just and correct. INSITiIFORM CEN'fRAl,1NC. Steve�l J. Hi�Ftz, Operat 10.05 FROM: City of Fridiey Engineering Division T0: Honorable Mayor and City Council City of Fridiey 6431 University Ave, NE Fridley, MN 55432 Dated: June 22,1998 CtTY OF FRIDLEY PUBLIC WORKS DEPARTMENT 6431 UNIVERStTY AVENUE N.E. FRIDLEY, MINNESOTA 55432 Estimate No. 2 (FINAL) Period Ending: June 19,1998 FOR: Insituform Technolagies, Inc. 17988 Edison Ave Chestefield MO 63005-3700 SANITARY AND STORM SE4VER REPAIR • • PROJECT N0. 314 Job Code: 602-6000-415-6007 STATEMENT OF WORK SUBTOTAL $��5•� TOTAL 10.06 $198,362.50 insituform Centrai Inc. Sanitary and Storm Sewer Repair Project No. 314 Estimate No. 2 (FINAL) SUMMARY: Original Contract Amount Contract additions: Contract deductions: Revised contract amount Value Completed To Date Amount Retained (0%) Less Amount Paid Previously AMOUNT DUE THIS ESTIMATE � CERTIFICATE OF THE CONTRACTOR $198,865.00 198,865.00 198,362.50 0.00 64,628.50 5133,734.00 I hereby certify that the wo�c performed and the materials supplied to date under the tertns of the contract for this project, and all authorized changes thereto, have an actual value under the conUact of the amounts shown on this estimate (and the final quantities on the finai estimate are correct), and that this esbmate is just and correct and no part of th�'Amount Due This Estimate' has been received. � i C'�Gr•�-��,�� /�?2�..��2�. :ontractor ed Represe ' e (TiUe) Steve�\J. Hirtz, perations Manager CERTIFICATE OF THE I hereby certify that I have prepared or examined this estimate, and that the contractor is enGded to payment of this estimate under the contract for reference project. � CITY OF FRIDLEY, INSPECTOR By Checked By Date Respectfully Submitted, �� John G. Flora, P.E. � Public Works Director 10.07 Page 2 CITY OF FRIDLEY MEMORANDUM � TO: WILLIAM W. BURNS, CITY MANAGER�� FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR WILLIAM A. CHAMPA, CITY CLERK SUBJECT: PUBLIC HEARING FOR SPIKERS BEACH CLUB DATE: JUNE 17, 1998 On the June 22 City Council agenda is a public hearing to consider the approval of an Intoxicating Liquor License for the owners of Spikers Beach Cfub, 7651 Highway 65 Northeast. A Public Hearing Notice is attached for your review. Pursuant to Chapter 603 Section .07 of the Fridley City Code, we are required to hold a public hearing before issuing this license. The Police Department has performed the required background investigation on Spikers and Public Safety Director Sallman has not found any reason to deny this request. 11.01 CITY OF FRIDLEY PUBLIC HEARING BEFORE THE CITY COUNCIL Notice is hereby given that the Council of the City of Fridley will hold a public hearing at the City Municipal Center, 6431 University Avenue Northeast on June 22, 1998 at 7:30 p.m. on the question of issuing an Intoxicating Liquor License to Spikers Beach Club for the property located at 7651 Highway 65. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than June 19, 1998. Anyone having an interest in this matter should make their interest known at this public hearing. William A. Champa City Clerk Publish: June 11, 1998 11.02 DESCRIPTION OF REQUEST: On the behalf of Orthopaedic Partners, P.A., Robin Crandall, M.D. of Northwestern Orthopaedic Surgeons Partnership is requesting variances to allow the construction of a parking deck at 8290 University Avenue NE. SUMMARY OF REQUEST: The petitioner has indicated a desire to reconstruct the first floor parking garage into a surgical suite. The new suite will require additional parking spaces and will eliminate existing parking. The additional parking created by the pazking deck will enable the petitioner to meet the new parking space requirements, but the parking deck will require a number of variances. The parking deck will require the following variances: 1) Increase the maximum allowable lot coverage by a three story building from 30°� to 40.2%. 2) Reduce the front yard setback from 35 feet to 15 feet. 3) Reduce the east side yard setbacks from 35 feet to 15 feet. 4) Reduce the west side yard setback from 35 feet to 0 feet for the raznp to the deck. 5) Reduce the driveway width to 22 feet on the deck and 24 on the ramp. 6) Reduce the size of the parking stalls from a ten foot width to a 9.5 foot width. ANALYSIS The petitioner is proposing a unique approach to handling the parking issue at the site. Due to the shape of the lot and the fact that the lot is surrounded by rights-of-way, it is difficult to meet the setback requirements of the lot. Retrofitting a parking deck in this manner makes this project new to the city and difficult for staff, because the Code is not specific to parking decks. We would recommend approving the variances with the five stipulations. APPEALS COMMISSION RECOMMENDATIONS: The Planning Commission recommends approving the variances with 5 stipulations (see body of report). RECOMMENDATION: Staff recommends that the City Council concur with the Appeals Commission. 12.01 Staff Report: VAR #98-18 8290 Univ Ave NE Page 2 PROJECT DETAILS Petition For: Variances to allow the construction of a parking deck. The petitioner has indicated a desire to reconstruct the first floor parking garage into a surgical suite. The new suite will require additional parking spaces and will eliminate existing parking. The additional parking created by the parking deck will enable the peHtioner to meet the new parking space requirements, but the parking deck will require a number of variances. Location: 8290 University Avenue NE Legal Description of Property: Lot 1, Block 1, CABA Realty First Addition Lot Size: Topography: Vegetation: Existing Zoning. Municipal Utilities: Vehicular Access: Pedestrian Access: Engineering Issues: Site Planning Issues: Comprehensive Planning Issues: Public Hearing Comments: 56,770 sq. ft. / 1.3 acres Flat, developed Grass and general landscaping C-2, General Business Connected From service road south of 73=d Avenue Bike/walk path along University Avenue, 73� Avenue, Service Road Control of storm water run-off from the deck; Parking deck must be 20 feet from existing building (UBC) Lot coverage and setback distances, appearance of parking deck Zoning and the Comprehensive Plan are consistent in this location. To be taken. 12.02 2 Staff Report: VAR #98-18 8290 Univ Ave NE Page 3 DEVELOPMENT SITE REQUEST On the behalf of Orthopaedic Partners, P.A., Robin Crandall, M.D. of Northwestern Orthopaedic Surgeons Partnership is requesting variances to allow the construction of a parking deck at 8290 University Avenue NE. The petitioner has indicated a desire to reconstruction the first floor parking garage into a surgical suite. The new suite will require additional parking spaces and will eliminate existing parking. The additional parking created by the parking deck will enable the petitioner to meet the new parking space requirements, but the parking deck will require a number of variances. The parking deck will require the following variances: 1) Increase the maximum allowable lot coverage by a three story building from 30% to 40.2%. 2) Reduce the front yard setback from 35 feet to 15 feet. � 3) Reduce the east and west side yard setbacks from 35 feet to 15 feet. 4) Reduce the west side yard setback from 35 feet to 0 feet for the ramp to the deck. 5) Reduce the driveway width to 22 feet on the deck and 24 on the ramp. 6) Reduce the size of the parking stalls from a ten foot width to a 9.5 foot width. HARDSHIP STATEMENT Our practice is interested in bicilding an office based out-patient surgery center. This would require replacing several of the parking spaces which are currently housed within our building. Based on the square footage of our bicilding, the City has indicated that 27 additional parking spaces would be required on our propert��. Having explored various options, we feel that a parking deck is our only alternative. SITE DESCRIPTION/HISTORY In 1980, the property in question was platted as part of Caba Realty First Addition. In 1988, four variances were granted by the City to allow construction of a parking lot to service a 25,656 sq. ft. building. The following variances were granted: 1) Reduce the hard surface setback form street right-of-way from 20 feet to 12 feet on the west. 2) Reduce the hard surface setback form street right-of-way from 20 feet to 15 feet on the east. � 3) Reduce the hard surface setback from street right-of-way from 20 feet to 15 feet on the north. 4) Reduce the building setback from the right-of-way (University Avenue) from 35 feet to 26 feet. _____ 12.03 3 Staff Report: VAR #98-18 8290 Univ Ave NE Page 4 At that time in 1899, staff's analysis included breaking the building into uses to allow the parking to better match the uses within the building. As Code allows, staff separated the clinic, office and garage space. The calculations resulted in a final determination that 92 stalls were required. Originally, the parking plan consisted of 69 outdoor stalls and 21 indoor stalls, with space available for 3 future outdoor stalls, to be striped if needed. Since that time, the parking garage has been modified to add storage for files. Six stalls were lost and no permits were issued for this work. ADTACENT SITE� North: East: Zoning: C-2, General Business Zoning: Spring Lake Park Land Use: Undeveloped, owned by same Land Use: Mixed Commercial South: Zoning: C-3, General Shopping Land Use: Bachman's / Sam's Club West: Zoning: C-2, General Business ANALYSIS Land Use: The Moose Club Code Section 205.14.03.B.(1b) limits coverage of a lot by a three story building and its accessory buildings to a maximum of 30 percent. Lot coverage by buildings is proposed to be 40.2% Code Section 205.14.03.C.(1) requires buildings in the front yard to be setback a minimum of 35 feet from any public right-of-way. The petitioner is requesting a setback of 15 feet. Code Section 205.14.03.C.(2b) requires buildings in the side yard to be setback a minimum of 35 feet from the right-of-way. The petitioner is requesting a setback of 15 feet from the east side yard and 15 feet from the west side yard for the parking deck. The proposed ramp to the parking deck will be 0 feet from the west properiy line. Code Section 205.14.05.D.(4) requires driveways to be 25 feet wide. The petitioner is proposing a driveway width of 22 feet on the parking deck and 24 feet on the ramp. Code Section 205.03.55 requires parking stalls to be 10 feet wide by 20 feet deep. The petitioner is proposing stalls widths of 9.5 feet for the parking deck. T'he Orthopaedic building is three stories tall and the footprint covers 16.6% of the site. The building consists of three floors. The first two floors each contain 9,432 square feet; the top floor contains 6,792 square feet. The buildings total area is 25,656 square feet. Parking 12.04 �� 4 Staff Report: VAR #98-18 8290 Univ Ave NE Page 5 Staff suggests a speculative formula of 1 parking stall per 200 squaze feet for this complex due to the nearly 50/50 split between clinic and office uses. Much of the building area is dedicated to halls, restrooms, a common lunch room, elevators, etc. After subtracting incidental space within the building and then applying the speculative formula, 99 parking stalls would be required. The site currently has 69 outdoor parking stalls. After the proposed construction of the surgical suite three parking stalls would be left on the first floor. This equates to 72 parking stalls, thus the new development would still require an additiona127 stalls. The construction of the proposed parking deck would add 29 new stalls, but would elimutate 2 stalls beneath it. This equates to 99 total stalls, which would fulfill the new pazking requirement. Building Code Issue In regards to the placement of the deck, the Uniform Building Code requires the parking deck to be 20 feet from the existing building, since it is constructed of glass. This caused the deck to be shifted to the north and actually elongated it laterally, since a double row of parking could not be created on the east end of the deck. This has increased the length of the north setback variance and has increased the size of the deck. Drainage Rain water runoff or drainage from the deck needs to be determined. The volume and rate of drainage from the deck, especially down the ramp, need to be evaluated. We have discussed this issue with the petitioner. They have indicated that existing cistern(s) can be utilized, but a drainage plan needs to be produced. Lighting and Security Lighting needs under and on the ramp were not addressed in the petitioner s information. Lighting under the ramp should be fairly simple to determine. Lighting on the ramp may not negatively affect traffic on 83rd Avenue or University Avenue. Light poles should be either restricted in height or lighting could be limited to wall packs on the ramp walls. Skateboarders may represent a problem due to the ramp. The petitioners have indicated that the parking deck is to be used by employees only, so some type of gate or barrier may be employed. This may be enough to dissuade skateboarders from using the ramp. Lot Coverage The proposed parking deck and ramp are 13,392 square feet in area. Combine with the 12.05 5 Staff Report: VAR #98-18 8290 Univ Ave NE Page 6 buildings foot print, total lot coverage is 22,824 square feet. Being that the lot size is 56,770 square feet, total lot coverage by structures is 40.2%. As indicated earlier, the maximum lot coverage by a three story structure is 30%; maximum lot coverage by a one story structure is 40 %. The proposed parking deck will make up 59% of the foot print of the site. The third floor of the building is only 2/3 the size of the other floors. The average building height would be less than two stories for the site, but a two story building is still limited to 35% lot coverage by the City Code. Construction Material The materials and color of the parking deck were not indicated. If the deck is to be approved, the materials and color should be approved by staff. Elevation views of how the deck will look should also be presented to staff. Ramp Traffic The petitioner has indicated that the ramp will be used only by employees. The ramp is located on the property line and alongside the entrance to the main parking lot. Even though the ramp may be gated, it still may cause confusion to people entering or leaving the ramp. Its close proximity to the curb also does not allow for stacking of vehicles that may be trying to exit the site or trying to get onto the ramp. Direction signs and mazkings may be needed adjacent to the ramp. Driveway Width & Stall Size The City Code requires driveway widths to be 25 feet and parking stalls be 10 feet wide. The proposed driveway width on the deck ranges from 22 feet to 32 feet in width. The ramp is proposed to be 24 feet wide. The proposed deck stalls are to be 9.5 feet wide. Being that the driveways and stalls will be designated for employee use only, and will not have a high turn over rate during the course of the day, these variance seem reasonable. CONC�.USION The petitioner is proposing a unique approach to handling the parking issue at the site. Due to the shape of the lot and the fact that the lot is surrounded by rights-of-way, it is difficult to meet the setback requirements of the lot. Retrofitting a parking deck in this manner makes this project new to the city and difficult for staff, because the Code is not specific to parking decks. We would recommend approving the vaziances with the following stipulations: APPEALS COMMISSION RECOMMENDATION: The Appeals Commission recommended approval of the variances requested with the 12.06 6 StaffReport: VAR#98-18 8290 Univ Ave NE Page 7 following stipulations: 1) A storm water/drainage plan for the site must be approved by the City Engineering Department. 2) A lighting plan for above and beneath the deck shall be approved by city staff. 3) Elevation views of the deck shall be reviewed and approved by staff prior to the issuance of a building permit for the deck. 4) The materials and colors of the deck shall be approved by staff prior to the issuance of a building permit. 5) The parking deck shall be designated for employee use only. RECOMMENDATIONS: Staff recommends that the City Council concur with the Appeals Commission. 12.07 � ' Robin C. Crandall, M.D. Joseph Flake, M.D. Peter D. Holmberg, M.D. Randall J. Norgard, M.D. Paul R. Diekmann, M.D. 8290 University Ave. N.E. Suite 200 Fridley, MN 55432 612 786-9543 May 15, 1998 Community Development Depart City of Fridley 6431 University Ave Fridley MN 55432 Dear Council Members: Charles J. Cooley, M.D. Jon E. Wallestad, M.D. Philip H. Haley, M.D. Mercy Heaith Care Center Suite 200 3960 Coon Rapids Bivd, Coon Rapids, MN 55433-2597 oI2 427-7300 Northwestern Orthopaedic Surgeons Partnership would respectfully like to apply for a variance on behalf of Orthopaedic Partners, P.A. As you know, our practice is interested in building an office based out-patient surgery center. This would require replacing several of the parking spaces which are currently housed within our building. Based on the square footage of our building, the City has indicated that 27 additional parking spaces would be required on our property. Having explored various options, we feel that a pazking deck is our only alternative. We would like to respectfully request a variance with respect to parking deck setbacks. We request parking ramp setbacks from 20 feet to 15 feet on the east and north sides. (These variances were ganted for the original lot.) We originally were granted a variance from 20 feet to 12 feet on the west side. The proposed ramp would require a setback on the west side from 20 feet to approximately 11 feet on the north end and nanowing to appro�mately 7 feet at the south end nearing the ramp entrance. (We will need to verify the calculations for the west side setback request with City Planning prior to the Council meeting.) In addition we would like to request a variance to reduce the width of the 2 way drive from 25 feet to 24 feet on the entrance ramp, and from 25 feet to 22 feet in the lot. The proposed deck would add a second level of parking over a portion of our existing lot and provide for 29 additional spaces in our lot. Sincerely, Robin C. Crandall, M.D. Branch - — -- -__ ___ Shor enter 12.08 ` s �izb Si2 481-1071 G cirr oF Fwo��r 6431 UNNERSITY AVENUE FRIDLEY, MN 55432 (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT VARIANCE APPLICATION F4R: Residential X___Commercialllndustriai Signs PROPERTY INFORMATION: - site plan required for submittai, see attached , Addf@SS: 8290 University Ave NE, Fridley NIld 55432__ Property Identification Number. R02 30 24 23 0005 Legal Description: Lot 1 Block � Tract/Addition CAgA Rea1 tv Firs} AAAi t i nn UZ- 3 u-2�/-23-ooer -. Current Zoning: Commercial gquare footage/acreage: 56,770 sq ft or 1.3033 acres � Reason for Variance: Parking ramp setbacks See attached.� - Have you operated a business in a city which required a business license? .�_ Yes No X If Yes, which city? If Yes, what type of business? '� r Was that license ever denied or revoked? Yes ' No � �� - . _ . ��t _ .; ,. x ti�r�r�V�V�V�Y�Vti�VtiN�rti�r�Yti�r�Vti�r�V�V ti�rN�rti�VtiSr�rti�Y1V Arti�r�V�Vti^/�/�/�V NA/�Vr�►�V�V�VAr/r�/AI1VtiArtiM�V�Y�/ti i � FEE OWNER INFORMATION (as it appears on the property title) _ (Contract purchasers: Fee owners must sign this form prior to processing) �� .. ,_;. NAM�: Northwestem Orthopaedic Surueons Partnershio. LLP w„ ADDRESS: 8290 University Ave NE, Fridle MN 55432 �' DAYTIME PHONE: c6iz� �a6-9sa3 SIGNATURE/DATE: ` - � _ _ . - - -- �°� PETITIONER INFORMATION �' NAME: _. ADDRESS� �.. � � � . . z Y,'�. 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'� - , . . . . � . . . . � ;..��y . . i ��' - ,. • _ � . . . � � .. - , � w . ..�, � . . .: , . _, �. . � �, , . � �„ . .� . .. . .' .. . ' . . . , � h ; � a . . .. . .. . . , ' . , � . _ � , .. �':,t . .. . . ' � , ' . . . . . . . . ..� �� . . , .. � .. . � . l, � � �. . . . . � � . . . . .. . . � � . . � � : . . � � . . . -. . . 81 AVE 1� 81 AVE NE 81 AVE PE _ i� Z.onitx� Desigr�atioru: � R 1- One Fartily Units R 2- Tvw Family Urrts � R 3- Ger�eral fvk�dple lkiits R-4 - Nbbile Fbrte Parics � PUD - Plarxied Urit Development � s� - Nyde �x r��r,b«r,00d s2 - �„��,c a�a � G1 - L.ocal Business G2 - General Business � G3 - Generai SFbpping � GR1- Ger�eral Office � �.� - ugr,c md�ma� - n�2 - Hea�y i�,d�sa;� � n�s - a,raoa i�x�� ,y i�,d. � R� - Rauroeds � P - Public Facilities �"] WATER 0 RIGHT-0FWAY Variances for Parl�ng Deck PetitioneY:1VW Orthopaedic Surgeons Prtnrshp. LLP Variance, VAR #98-18 Zoning.• C-2, General Business 8290 Univer�sity . ' ' �' 12.13 W Z � � � Q .� �i .� � � C� � � � J � � �L VJ N .�.�.,,� T _ C;111' W�' E � OF S T �7 Date: OS/29/199 , .,'l APPEALS COMMISSION MEETING, JUNE 10, 1998 PAGE 8 Request, VAR #98-17, to aliow the maximum size of a eestanding sign to be increased from 80 square feet to 120 square feet at the southe st comer of 73rd Avenue and University Avenue, legally described as Tract A, gistered Land Survey No. 78, with the following stipulation: 1. The amount of wall signage shall be ' ited to 300 square feet. UPON A VOICE VOTE, WITH MS. BE LIEU AND MS. MAU VOTING AYE, AND DR. VOS AND MR. KUECHLE VOTING N , CHAIRPERSON KUECHLE DECLARED A TIE VOTE. " Mr. Hickok stated the City Counci ould consider this request on July 13, at which time the City Council will also consid a special use permit. 2. PUBLIC HEARING• CONSIDERATION OF VARIANCE REQUEST. VAR #98-18. Per Section 205.14.03.B.(1).(b) of the Fridley Zoning Code, to allow the percentage of property to be covered by building to be increased from 35% to 41 %; Per Section 205.14.03.C.(1) of the Fridley Zoning Code, to reduce the front yard setback from 35 feet to 15 feet for a parking deck; Per Section 205.14.03.C.(2).(b) of the Fridley Zoning Code, to reduce the side yard setback from 35 feet to 15 feet for a parking deck; Per Section 205.14.03.C.(2).(b) of the Fridley Zoning Code, to reduce the side yard setback from 35 feet to 0 feet for a parking deck ramp; Per Section 205.14.05.D.(4) of the Fridley Zoning Code, to reduce the two-way driveway aisle width from 25 feet to 22 feet for the parking deck and from 25 feet to 24 feet for the parking deck ramp; Per Section 205.03.55 of the Fridley Zoning Code, to reduce the width of parking stalls from 10 feet to 9.6 feet; To allow the construction of a 29-stall parking deck on Lot 1, Block 1, Caba Reaity First Addition, generally located at 8290 University Avenue N.E. MOTION by Dr. Vos, seconded by Ms. Beaulieu, to waive the reading of the public hearing notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 8:23 P.M. Mr. Hickok stated the request is for the property at 8290 University Avenue. Dr. Crandall is requesting six variances to allow the construction of a parking deck at this location. These variances include an increase in the maximum allowable lot coverage by a three story building from 30% to 40.2%; to reduce the front yard setback from 35 feet to 15 feet; to reduce the east side yard setbacks from 35 feet to 15 feet; to reduce the west side yard setback from 25 feet to 0 feet for the ramp to the deck; to reduce the driveway width to 22 feet on the deck and 24 feet on the ramp; and to reduce the size of the parking stalls from 10-feet to a 9.5-foot width. 12.14 APPEALS COMMISSION MEETING, JUNE 10, 1998 PAGE 9 Mr. Hickok stated the hardship states: "Our practice is interested in building an office based out-patient surgery center. This would require replacing several of the parking spaces which are currently housed within our building. Based on the square footage of our building, the City has indicated that 27 additional parking spaces would be required on our property. Having explored various options, we feel that a parking deck is our only altemative." Mr. Hickok stated the petitioner was before the Appeals Commission fairly recently with a request for a variance to the number of stalls overall. At that time, part of the solution was a reciprocal parking agreement with the Moose Lodge across the service drive. As that was considered, there were a number of stipulations placed on that proposal. The request was withdrawn because the petitioner felt some of the issues were possibly insurmountable encumbrances placed on his property and the Moose Lodge with an uncertain future. No one can be certain what the future development might be for a site. As a result, the petitioner began to analyze a parking deck on the existing site. Mr. Hickok stated a number of variances were granted for the site initially. The office space relative to the parking spaces required the parking curbs be moved closer to the property lines than would be typically seen. The variances requested also included a variance to have the building moved closer to University Avenue. Those were approved based on the belief of the hardship of the loopback parcel and the use within. Mr. Hickok stated the proposed parking deck is primarily within those setback areas. Anytime you modify a site such as this, you not only have to recognize the new variances but also the variances granted in the past. According to the building code, the parking deck needs to be 20 feet away from the building. Because the building exists and it is glass, there needs to be 20 feet of separation or the wall needs to be entire non- combustible from ceiling to floor from the ceiling of the third floor down to the ground on the north face. This required separation pushed the parking deck out to the north closer to 83rd. The setback from University is the same as the parking setback. The deck comes around to the west side of the building with a ramp leading to the current access drive. On a curve such as exists, it is important where the access drive comes in to the property. Mr. Hickok stated they have been able to meet the number of required parking stalls. All of the parlcing would be on site. They have talked with the petitioner about the potential of lowering the deck elevation but there is a water table issue here so this is not feasible. Mr. Hickok stated that in order to make this work with the parameters on site, the drive aisles would need to be reduced. It is recognized that some of these stalls would be easy to get into. There may be some stalls that are difficult to get into and out of. As long as the unusual nature of pulling into these stalls is known, that is something that they may be able to work with by designating this as employee-only parking. Mr. Hickok stated the petitioner is proposing a unique approach to handling the parking issue on this site. Due to the shape of the lot and the fact that the lot is surrounded by right-of-way, it is difficult to meet the setback requirements. Retrofitting the parking deck in this manner makes the project difficult for staff to analyze. There is no precedent and no similar project. Because the code is not specific to parking decks, staff is on the verge of supporting the variances, but a number of issues must be addressed by the petitioner. Staff would recommend approval of the variance requests with the following stipulations: 12.15 APPEALS COMMISSION MEETING, JUNE 10, 1998 PAGE 10 1. A storm water/drainage plan for the site must be approved by the City Engineering Department. 2. A lighting plan above and beneath the deck shall be approved by city staff. 3. Elevation views of the deck shall be reviewed and approved by staff prior to the issuance of a building permit. 4. The materials and colors of the deck shall be approved by staff prior to the issuance of a building permit. 5. The-parking deck shall be designated for employee use only. Ms. Mau asked if staff saw any problems with visibility issues. Mr. Hickok stated visibility is a critical piece of stafPs analysis. If the site did not have the characteristics such as the broad right-of-way adjacent to University Avenue and the uncertainty of the future widening of the roadway, they did want the certainty that there is green space that will separate this projection from the roadway and not create any visibility issues. As part of the design on the comer, it is critical that it be designed with a "notch" to maintain sight lines. Dr. Vos asked, if you were to tum right or left when coming out of the parking ramp, will the ramp impede the visibility to the north? Mr. Hickok stated that when coming to a comer, landscaping needs to be down 30 inches or less. The ramp is within that mark. Staff feels it is appropriate. To exit this deck and tum south, that maneuvering, if just for employees. is a fact that can be alerted to employees. This is an unusual arrangement with cars coming down behind. Instructions to employees about these issues could better control that issue. Dr. Crandall stated they have been in that location for the last 10 years. He thanked staff and the Appeals Commission for listening to this over and over again while they are trying to get this to work. They are trying to come up with a solution to the community that would allow a high quality parking without having to walk across the street or jeopardize patient care. It was felt that the reciprocal agreement and having people walk across the street was not workable. He thought this rould be done without any type of aesthetic issues. There is landscaping in place currently that is mature. Very little of that would have to be removed. The parking deck only goes into the confines of the current parking lot other than the area where the ramp goes up. He believed this does solve their needs and solves the city's dilemma of getting enough parking. He believed it would enhance the property and make it better for patients. Patients would have weather-protected parking. Dr. Crandall agreed that the lighting issues are very important and they certainly want to comply with that. They also want to comply with any aesthetic materials necessary. The slope of the land is interesting. As you drive up 83rd Avenue, the slope goes up quite a bit and the deck would not be above the elevation of University by much. The lot is kind of sunken down as you look at it now and the deck will be built above that. They have full architectural drawings done. They wanted to get the variances granted before spending the money on such a large project.. He thought it would enhance the community and would be something that would help the city. __ 12.1s APPEALS COMMISSION MEETING, JUNE 10, 1998 PAGE 11 Dr. Vos stated the last stipulation indicates the deck is to be designated for employees only. He asked the petitioner's response to that stipulation. Dr. Crandall sfated that stipulation is fine. It would be for employees and physicians— for those people involved directly with the work at that building. This is a medical building built around the practices of neuro sciences and orthopaedic surgery. Dr. Vos stated there are creative ways to make sure that only employees use the deck. Dr. Crandall stated there will be no opportunity to park anywhere else. MOTION by Dr. Vos, seconded by Ms. Beaulieu, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:42 P.M. Dr. Vos stated he is impressed with the plan. He was not comfortable with walking across the street, especially for the patients. That puts the business and profession in jeopardy. He asked if there are any decks in the city other than at city hall. Mr. Hickok stated the deck at city hall is the only parking deck. They plan to have parking decks at the Lake Pointe site. Dr. Vos stated that if this looks as good as it does on paper, it is a good plan. The requests seem to be the same as when the building was constructed ten years ago. � He did not see any new requests. There is also the existing parking lot. He would vote in favor of the request with the stipulations. With stipulation #5 and the smaller sized parking stalls, employees would not be going in and out. Lighting is important below as well as above. Ms. Mau agreed. She was not pleased with the reciprocal parking agreement. This is a creative answer to a difficult problem. She believed the recommendation by staff are reasonable. She has no problem with the request. Ms. Beaulieu agreed. Mr. Kuechle concurred. The request is reasonable. It is reasonable to have a 9.5-foot parking stall in an employee parking lot because it is basically once in and once out. The stipulations are appropriate. MOTION by Dr. Vos, seconded by Ms. Mau, to recommend approval of Variance Request, VAR #98-18, by Northwestem Orthopaedic Surgeons Partnership, LLP, to allow the percentage of property to be covered by building to be increased from 35% to 40.2%; to reduce the front yard setback from 35 feet to 15 feet for a parking deck; to reduce the side yard setback from 35 feet to 15 feet for a parking deck; to reduce the side yard setback from 35 feet to 0 feet for a parking deck ramp; to reduce the finro-way driveway aisle width from 25 feet to 22 feet for the parking deck and from 25 feet to 24 feet for the parking deck ramp; and to reduce the width of parking stalls from 10 feet to 9.6 feet; to allow the construction of a 29-stall parking deck on Lot 1, Block 1, Caba Realty First Addition, generally located at 8290 University Avenue N.E., with the following stipulations: 1. A storm water/drainage plan for the_site must be approved by the City Engineering Department. 12.17 APPEALS COMMISSION MEETING, JUNE 10, 1998 PAGE 12 2. A lighting plan above and beneath the deck shali be approved by city staff. 3. Elevation views of the deck shall be reviewed and approved by staff prior to the issuance of a building permit. 4. The materials and colors of the deck shall be approved by staff prior to the issuance of a building permit. 5. The parking deck shall be designated for employee use only. . UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON 1�UECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Hickok stated the City Council could consider this request on June 22. 3. �)PDATE ON PLANNING COMMISSION AND CITY COUNCIL ACTIONS: Mr. Hickok provided an update on Planning Commission and City Council actions. ADJOURNMENT: N�QTION by Ms. Beaulieu, seconded by Ms. Mau, to adjoum the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE JUNE 10,1998, APPEALS COMMISSION MEETING ADJOURNED AT 8:50 P.M. Respectfully submitted, ,) �ati� � , La onn Cooper Recording Secretary �'� . 12.18 Recreation and Natural Resource Department emo To: William W. Burns Cit Mana er `�� , Y 9 � From: Jack Kirk, Director of Recreation and Natural Resources �-� Date: June 12, 1998 Re: Fridley Community Center Lower Level Construction Bids On Thursday, June 4�' at 2:OOp.m., the bids were opened for the construction project to complete the lower level of the Fridley Community Center. Ten construction companies submitted bids on the project. The base bid on the project generally includes all work to complete the dance/exercise area, lounge, game room, hallway and rest rooms on the lower level of the Fridley Community Center. There were four altemates identified on the bid form, including altemate #1, which would eliminate lowering of the concrete slab in the dance/exercise room; alternate #2, which would eliminate the folding wall partition; altemate #3, which would add a wood grid to the open ceiling system; and alternate #4, which would exchange an acoustical tile drop ceiling for the open ceiling system. In addition, bidders were asked to identify a completion date and agree to substantially complete the work on or before that date. Nine of the ten bidders completed all of the information required on the bid form, while one bidder omitted some data. Of the nine complete bids submitted, the base bids ranged from a low of $216,500 to a high of $257,258. Our pre-bid estimate for the construction project was $278,209. The bidders' timetables for completion of the work ranged from eight weeks to twenty weeks. Because of the favorable bids received, it is my recommendation that we include alternate #3 in the project, which would provide for the wood grid system to be added to the open ceiling in the game room and lounge area. The low bidder on the project (including the base bid and alternate #3) was Crawford-Merz Construction Company of Minneapolis with a total of $233,068. It is my recommendation that the City Council award the contract on Construction Project #319 (Alterations to Fridley Community Center) to Crawford-Merz Construction Company. In addition to being the low bidder, Crawford-Merz also had the quickest completion date identified for the project of August 1, 1998 or eight weeks after notification to proceed. 13.01 Also for your information, we are working with local youth and teachers to complete the woodworking, painting and wall murals for this project. In the best case scenario, all the work would be completed before or around the time students return to school in the fall. Upon approval of this recommendation by the City Council, we will work closely with School District #14 staff to complete the project. Please let me know if you have any questions or need any additional information. 13.02 ; � \ \ \ \ \ \ \ \ o N C� O O O O O O f� � x O � O � T W � .� C o � � \ \ a � o 0 0 a� V o 0 0 0 0 o n �n x o w� Z ��/� ° ° o ° o 0 0 o x o N�/� � � T � T T T T T Cp �~_', O O O O O O O O O ��p Q C G ln O l!i ln ln Ln X O Q v r T T T T T T T T � Y a W y o°°, °° a3o °o N N rn G � � {[� O . O � � � r T . Vp o p � ao o � o °> o o� T o� o� r ,- rn -,- T � Z O i� � = U W ,"�� ;� � t j Q - � �j c v � � c� c� _ 2 � a � LL � � � w Q Q �� F,,. 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Z �j i i C � C i 0 j � � �O N � n v, o � o N V ; c � � � V o C7 H '� � � V � � N O� p o U U � o � v � U o � I= � m v � °' � v � :a m` o c� ° a m � � C � � C i y V � LLI I- � � •� 'a� '$ -V -- �' > N � O W �,,,, rn � � c�a � a�i °' w �� 13.03 � � � Q m c� � a B[D FORM GENERAL, MECHAN[CAL AND ELECTRICAL COIYSTRUCTION (Date) BID TO: Mr. Jack Kirk Fridley Municipal Center 6431 University Avenue NE Fridley, MN 55432 BID FROM: Name . Street Address City, State, Zip Code The undersigned proposes to fumish labor, materials and equipment required for complete construction of Alterations to Fridley Community center, Fridley, MN, in accordance with Project Manual dated May 14, 1998, Drawings mentioned therein and subsequent addenda thereto, as prepared by: Setter, Leach & Lindstrom, PA � Architects & Engineers 1100 Peavey Building 730 Second Avenue South Minneapolis, MN 55402-2454 for consideration of following amount: BASE BID ALTERNATES ALTERNATE NO. 1- Deduct the sum of: ALTERNATE NO. 2- Deduct the sum of: Do�lars ($ ) Dollazs ($ ) Dollazs ($ ) B-'-"----� 1 Com. 2090.2.1 13.04 ALTERNATE NO. 3- Add the sum of: Dollars ($ ) ALTERNATE NO. 4-(Add)* or (Delete)* the sum of Dollars ($ ) (*Delete inapplicable word) BID SECURITY Attached hereto is (Bid Bond) (Certified Check) (Cashier's Check) in the amount of Dollars ($ ). We agree to abide b�� the Instructions to Bidders regarding disposition of Bid Security. ACKNOWLEDGEMENTS 1. We have examined Bidding and Contract Information, Technical Specifications and Drawings and have examined site of proposed worl�. 2. We acknowledge that the Owner reserves right to reject Bids and to waive irregularities therein. 3. We agree this Bid may not be withdrawn for sixty calendar days after day and hour Bids aze due. BIDDER OBLIGATIONS 1. We agree, if this Bid is accepted, to execute a lump sum Contract for the Work and shall fiunish performance and materials payment bond in full amount of Contract issued by Surety Company. 2. We have sufficient personnel and equipment and have verified material availability and agree to substantially complete Work on or before CHANGES 1. In event that additions to Contract are ordered by Owner, following percentages of actual cost of additions shall be added to compensate Contractor for overhead and profit: a. % for work performed by Contractor's own employees. b. % for work performed by a Subcontractor. 2. If Owner orders reductions, deletions or omissions from Contract, following percentages of actual cost of reductions, deletions or omissions shall be included as further reducing the Contract amount to compensate for Contractor's overhead and profit not applicable to the Project: a. % for work deducted from work performed by Contractor's own employees. b. % for work deducted from work performed by a Subcontractor. �31r 13.05 Com. 2090.2.1 � ADDEIYDUM RECEIPT t. Receipt of the following addenda is acknowtedged: Addendum No. Date Addendum No. Date Addendum No. Date 2. We have included cost of each Addendum in this Bid. END OF BID' FORM � B' 13.06 3 � Name of Bidder : Title Address of Bidder Com. 2090.2. t Fridley Community Center Lower Level Costs 1. Construction Project .......................................................................$278,209 2. Youth Participation ........................................................................... 27, 000 3. Professional Fees ............................................................................... 22,500 4. Furnishings ....................................................................................... 36,460 TOTAL .......................... $364,169 Funds Available for Pro'� � 1. MN Children, Families & Learning Gra�t .. . . .. . . . .. . . . . ... . . .. . . . . : . . . . . . . . . . . . $280, 250 2. Fridley Community Center Fundraising (balance undesignated) ....... 55,380 3. Liquor Fund . . ..... . . . ..... ....... ... . . . ......... ..... .. .......... . . . . ..... . . . .... . . . . . . . . .... . ... 28, 539 SU WACK\FCC\BUDGET�II,COS[5 TOTAL ............. ............ $364,169 13.07 � � FRIDLEY CITY COUNCIL MEETING OF cmr oF J U N E 22, 1998 FRIDLEY INFORMAL STATUS REPORTS 14.01