09/14/1998 - 4829OFFICIAL CITY COUNCIL AGENDA
COUNCIL MEETING
SEPTEMBER 14, 1998
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unror
FRIDLEY
FRIDLEY CITY COUNCIL MEETING
ATTENDENCE SHEET
MandcEy, Sep�e.rnbelc 14, 199� '
7:30 P.M.
PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN
PRINT NAME (CLEARLY} ADDRESS
ITEM
NUMBER
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� FRIDLEY CITY COUNCIL MEETING OF
�oF SEPTEMBER 14, 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 ori�in, sex,
disability, aae, marital status, sexual orientation or status with regard to public assistance. L`pon requeyt,
accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services,
programs, and activities. Hearin� 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. (T"TD/572-3534) '
PLEDGE OF ALLEGIANCE.
PROCLAMATIONS:
National Breast Cancer Awareness Month: October, 1998
National Mammography Day: October 16, 1998
APPROVAL OF MINUTES:
City Councii Meeting ofAugust 24, 9998
.
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS:
Receive the Planning Commission Minutes
of September 2, 1998 ................................................................ 1.01 - 1.25
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 14. 1998 PAGE 2
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED):
Resolution Authorizing Changes in
Appropriations for the General Fund
and the Capital Improvement Fund
Through July 31, 1998 ................................................................. 2.01 - 2.03
Resolution Extending Retirement
Benefits to Consolidated Public
Employees Retirement Association
Police Employees ....................................................................... 3.01 - 3.02
Resolution Approving the Use of the
Public Employees Retirement Association
(P.E.R.A.) Early Retirement Factors as
Retirement Factors for the Members of �
the Consolidated Police P.E.R.A . ............................................. 4.01 - 4.02
Receive Bid and Award Contract for
Sylvan Pump Station Upgrade .................................................. 5.01 - 5.04
Approve Agreement for Legal Services .
Between the City of Fridley and Holstad
& Knaak, P.L.0 . ......................................................................... 6.01 - 6.06
I;
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 14, 1998 PAGE 3
APPROVE PROPOSED CONSENT AGENDA•
NEW BUSINESS (CONTINUED)•
Appointment: City Employee .................................................... 7.01
Claims....................................................................................... 8.01
Licenses.................................................................................... 9.01 - 9.05
Estimates................................................................................... 10.01 - 10.25
ADOPTION OF AGENDA:
OPEN FORUM. VISITORS:
Consideration of Items Not on Agenda (95 minutes).
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 14, 1998 PAGE 4
PUBLIC HEARINGS:
Zoning Text Amendment, ZTA #98-02,
by the City of Fridley, to Create a New
Zoning District for Industrial Lots Below
One and One Half Acres in Size with
Special Attention in the Onaway Addition ........................................... 11.01 - 11.28
Rezoning Request, ZOA #98-02, by
Roslyn Park Wesleyan Church, to
Rezone Property from R-2, Two
Family Residential, to R-3, Multi-family
Residential, so that all of the Church
Property is Located within a Single
Zoning District, Generally Located at
5300 Sixth Street N.E. (Ward 1) .......................................................... 12.01 - 12.10
Zoning Text Amendment, ZTA #98-01, by
CeIINet Data Services (MSP), Inc., to Allow
Automatic Meter Reading Devices in the
Public Right-of-Ways and on Public Utility
Structures....................................................................................... 13.01 - 13.07
Supplemental Public Hearing for Central
Avenue Improvement Project No.
ST. 1998 - 4 ....................................................................................... 14.01 - 14.06
�r,�r,� '-., ...�., ,.... .
��.���� �...� ��...v��v��� �n�� i inv vr �cr � tm�stK 74, 799t3 PAGE 5
NEW BUSINESS:
First Reading of an Ordinance Recodifying
the Fridley City Code, Chapter 205, Entitled
"Zoning," by Adding New Section 205.25,
"S-3, Heavy Industrial, Onaway Addition
District;" to Renumber Remaining Sections
in the Zoning Code; to Amend Section
205.18.03.A; and to Make a Change in
ZoningDistricts .................................................................................... 15.01 - 15.19
First Reading of an Ordinance to Amend
the City Code of the City of Fridley,
Minnesota, by Making a Change in
Zoning Districts (Rezoning Request,
ZOA #98-02, by Roslyn Park Wesleyan
Church) (Ward 1) ................................................................................ 16.01 - 16.02
Resolution Approving a Vacation,
SAV #98-02, Generally Located at
5300 Sixth Street N.E. (Alley Vacation,
SAV #98-02, by Roslyn Park Wesleyan
Church) (Ward 1) ................................................................................ 17.01 - 17.33
First Reading of an Ordinance
Recodifying the Fridley City Code,
Chapter 205, Entitled "Zoning," by
Amending New Section 205.29,
"0-5 Telecommunications Towers and
Facilities District" to Regulate Automatic
Meter Reading Systems by Amending
the Third "Whereas," and by Amending
Sections 205.29.01, 205.29.02, 205.29.03,
205.29.05, 205.29.07, 205.29.19, 205.29.22,
205.29.23; and by Amending. Section 11.10,
Fees (Zoning Text Amendment, ZTA #98-01,
by CeIINet Data Services) .................................................................... 18.01 - 18.18
FR�nt_EY CITY COUNCIL MEETING OF SEPTEMBER 14, 1998 PAGE 6
NEW BUSINESS �CONTINUED):
Variance Request, VAR #98-25, by
Margaret Schatz, First Industrial L.P.,
to Allow the Construction of a New
Unscreened Loading Dock Adjacent
to the Public Right-of-Way, Generally
Located at 7925 Beech Street (Ward 3)
............................................... 19.01 - 19.12
Informal Status Reports ....................................................................... 20.01
ADJOURN.
�
/ ' '
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 14, 1998
'�
QTY OF
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 Fridley's services, programs, and activities. Heazing 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.
PROCLAMATIONS:
National Breast CancerAwareness
Month: October, 1998
Naiiona! Mammography Day: Ocfober 16, 1998
APPROVAL OF MINUTES:
City Council Meeting of August 24, 1998
1 / ' f l
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS:
Receive the Planning Commission Minutes
of September 2, 1998 ........................ 1.01 - 1.25
,1
{
Resolution Authorizing Changes in
Appropriations for the General Fund
and the Capital Improvement Fund
Through July 31, 1998 ......................... 2.01 - 2.03
�
�
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED):
Resolution Extending Retirement
Benefits to Consolidated Public
Employees Retirement Association
Police Employees ............................... 3.01 - 3.02
Resolution Approving the Use of the
Public Employees Retirement Association
(P.E.R.A.) Early Retirement Factors as
Retirement Factors for the Members of
the Consolidated Police P.E.R` ...... 4.01 -4.02
Receive Bid and Award Contract for
Sylvan Pump Station Upgrade .......... 5.01 - 5.04
Approve Agreement for Legal Services
Between the City of Fridley and Holstad
& Knaak, P.L.0 . ..................... .......... 6.01 - 6.06
Appointment: City Employee
..... 7.01
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 14, 1998 PAGE 2
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED):
Claims ................................... 8.01
licenses ................................... 9.01 - 9.05
�'�� --�� � �..� .� �s
Estimates ................................10.01 -10.25
ADOPTION OF AGENDA:
���� ��� _ � D
,�. Cd ,4/4'
OPEN FORUM. VISITORS:
Consideration. of Items Not on Agenda (15 minutes).
PUBLIC HEARINGS:
Zoning Text Amendment, ZTA #98-02,
by the City of Fridley, to Create a New
Zoning District for Industrial Lots Below
One and One Half Acres in Size with
Special Attention in the Onaway
Addition .............................. 11.01 -11.28
Rezoning Request, ZOA #98-02, by
Roslyn Park Wesleyan Church, to
Rezone Property from R-2, Two
Family Residential, to R-3, Multi-family
Residential, so that all of the Church
Property is Located within a Single
Zoning District, Generally Located at
5300 Sixth Street N.E. (Ward 1) ........ 12.01 - 12.10
PUBLIC HEARINGS (CONTINUED):
Zoning Text Amendment, ZTA #98-01, by
CeIINet Data Services (MSP), Inc., to Allow
Automatic Meter Reading Devices in the
Public Right-of-Ways and on Public Utility
Structures .................................. 13.01 - 13.07
Supplemental Public Hearing for Central
Avenue Improvement Project No.
ST. 1998 - 4 .................................. 14.01 - 14.06
�pp�o r�2�c! �e . 1,� �-�%G �P l. �or- Ir��.ar�s
C,h,r'���;�tcs T�� �Sa.�P� — 7� �—E� •f'z !`���
NEW BUSINESS: Y��;
First Reading of an Ordinance Recodifying
the Fridley City Code, Chapter 205, Entitled
"Zoning," by Adding New Section 205.25,
"S-3, Heavy Industrial, Onaway Addition
District;" to Renumber Remaining Sections
in the Zoning Code; to Amend Section
205.18.03.A; and to Make a Change in
Zoning Districts ................................. 15.01 - 15.19
a ��
�"�� ,
First Reading of an Ordinance to Amend
the City Code of the City of Fridley,
Minnesota, by Making a Change in
Zoning Districts (Rezoning Request,
ZOA #98-02, by Roslyn Park Wesleyan
Church) (Ward 1) ................................. 16.01 - 16.02
G�-0�-c� l�� �'
Resolution Approving a Vacation,
SAV #98-02, Generally Located at
5300 Sixth Street N.E. (Atley Vacation,
SAV #98-02, by Roslyn Park Wesleyan
Church) (Ward 1) ................................. 17.01 - 17.33
l���
P� �, . ���
�" �l�
� FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 14, 1998 P�1GE 3
NEW BUSINESS (CONTINUED):
First Reading of an Ordinance
Recodifying the Fridley City Code,
Chapter 205, Entitled "Zoning," by
Amending New Section 205.29,
"0-5 Telecommunications Towers and
Facilities DistricY' to Regulate Automatic
Meter Reading Systems by Amending
the Third "Whereas," and by Amending
Sections 205.29.01, 205.29.02, 205.29.03,
205.29.05, 205.29.07, 205.29.19, 205.29.22,
205.29.23; and by Amending Section 11.10,
Fees (Zoning Text Amendmenf, ZTA #98-01,
by CeIINet Data Services) .................. 18.01 -18.18
1�,' ��, .
�
Variance Request, VAR #98-25, by
Margaret Schatz, First Industrial L.P.,
to Allow the Construction of a New
Unscreened Loading Dock Adjacent
to the Public Right-of-Way, Generally
Located at 7925 Beech Street
(Ward 3) .........e.` .................... 19.01 - 19.12
J
1- rT -
Informal Status Reports ......................... 20.01
ADJOURN.
C� /
�
NATIONAL BREAST CANCER
AWARENESS MONTH
October, 1998
NATIONAL MAMMOGR.APHY DAY
October 16, 1998
WHEREAS, this year, more than 180, 000 women in the United States will learn for the ftrst
time that they have breast cancer, and more than 40,000 women will lose their
lives; and
WHEREAS, early detection and prompt treatment can significantly reduce the suffering and
deaths caused by this disease; and
WHEREAS, in recognition of the fact that mammography, an "x-ray" of the breast, is the
single most effective method of detecting breast changes that may be cancer,
long before physical symptoms can be seen or felt;
NOW THEREFORE, BE IT RESOLVED, that 1, Nancy J. Jorgenson, Mayor of the City of
Fridley, hereby proclaim the month of October, 1998, as
NATIONAL BREAST CANCER AWARENESS MONTH
and Friday, October 16, 1998, as
NATIONAL MAMMOGRAPHY DAY
in the City of Fridley, Minnesota.
■
IN WITNESS WHEREOF, I have hereunto set my
hand and caused the seal of the City of Fridley.to be
a�xed this 14th day of September, 1998.
NANCYJ. JORGENSON, MAYOR
TI� MINUTES OF THE FRIDLEY CITY COUNCIL MEETING OF
AUGUST 24,1998
THE MINUTES OF TAE REGULAR MEETING OF TAE FRTDLEY CITY COUNCii.
OF AUGUST 24, 1998
The Regular Meeting of the Fridley City Council was called to order by Mayor Jorgenson at
7:30 p.m.
PLEDGE OF ALLEGiANCE:
Mayor Jorgenson led the Council and audience in the Pledge of Aliegiance to the Flag.
ROLL CALL:
MEMBERS PRESENT: Mayor Jorgenson, Councilmember Barnette, Councilmember
Billings, Councilmember Schneider and Councilmember Bolkcom
MEMBERS ABSENT: None
PROCLAMATiONS:
United Wav Weekend: Au�ust 28 - 30, 1998:
Mayor Jorgenson read this proclamation designating August 28 - 30, 1998 as United Way
Weekend in the City of Fridley, Minnesota. She encouraged residents to take note of the United
Way programs and services available both where they live and work.
Fourmies France Annreciation Dav: Sentember 7, 1998:
Mayor Jorgenson read this proclamation designating Monday, September 7, 1998 as Fourmies
France Appreciation Day in the City of Fridley. A reception will be held on September 7, 1998 to
commemorate the twentieth anniversary of the Sister Cities relationship between Fridley and
Fourmies, France.
APPROVAL OF MTNUTES:
CITY COUNCiL MEETiNG - JULY 27, 1998:
An error was noted in the agenda for this item. This should have been listed as a regular council
meeting, rather than a"special" Councii meeting.
MOTION by Councilmember Billings to approve the minutes of the July 27, 1998 City Council
Meeting as presented in writing. Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY.
C1TY COUNCIL MEETiNG OF AUGUST 24, 1998 PAGE 2
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSiNESS:
1. RESOLUTiON NO. 50-1998 ADOPTTNG A"PROPOSED" BUDGET FOR THE
FiSCAL YEAR 1999:
Mr. Burns explained that this is a Preliminary Draft Budget for 1999. Minnesota Statutes
require that this proposed budget be sent to the County Auditor by September 15 of each
year. The total amount budgeted is $15,005,250. This is broken down as follows:
* General Fund $11,074,936
*Special Revenue Funds $ 932,492
*Capital Project Funds $ 2,990,000
*Agency Fund $ 7,822
Mr. Burns explained that while the appropriations for 1999 are projected at more than 21
percent greater than they were for the year 1998, most of the projected increase is for
planned capital improvements. In addition to other costs, the 1999 preliminary draft budget
provides for two additional police officers (subject to grant funding), the operation of a
newly established youth center, the purchase of a new fire engine, and playground
equipment upgrades at six neighborhood parks. Also budgeted is a major street
improvement project in the Riverview Heights section of Fridley. All of these items are
subject to further citizen and Council review. The public hearing for the 1999 budget is
scheduled for December 7, 1998, at 7:30 p.m. in the Council Chambers.
ADOPTED RESOLUTION NO. 50-1998, ADOPTING A"PROPOSED" BUDGET
FOR THE FISCAL YEAR 1999.
2. RESOLUTtON NO. 51-1998 CERTiFYiNG "PROPOSED" TAX LEVY
REQUiREMENTS FOR 1999 TO THE COUNTY OF ANOKA:
Mr. Burns noted that this item accompanies the preliminary draft budget and will be
submitted to the County with the budget. It identifies the level of property taxation
necessary to fund the proposed budget. While the amount may be lowered as a result of
subsequent budget discussions, it may not be raised above the amount certified by this
resolution. This year, staff is recommending that the levy be set at $4,034,919, which is
essentially the same levy that has been approved the last four years.
ADOPTED RESOLUTION NO. 51-1998, CERTIFYING "PROPOSED" TAX LEVY
REQUIREMENTS FOR 1999 TO THE COUNTY OF ANOKA.
CiT'Y COUNCIL MEETiNG OF AUGUST 24, 1998 PAGE 3
3. RESOLUTTON NO 53-1998 CONSENTTNG TO TAE AOUSiNG AND
REDEVELOPMENT AUTHORiTY IN AND FOR THE CITY OF FRiDLEY,
MiNNESOTA. ADOPTiNG A 1998 TAX LEVY COLLECTiBLE IN 1999:
Mr. Burns, City Manager, explained that this is the third year that the HItA will levy
property taxes to help support it housing rehabilitation programs. In 1999, it is expected
that the levy will generate $183,524. The continuation of the levy was approved by the
HRA at their August meeting.
ADOPTED RESOLUTION NO. 52-1998, CONSENTING TO THE HOUSING AND
REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF FRIDLEY,
MINNESOTA, ADOPTING A 1998 TAX LEVY COLLECTIBLE IN 1999.
4. RESOLUTTON NO 53-1998, APPROVING A DE-CERTiFTCATiON OF THE
DRIVEWAY TAX ASSESSMENTS FOR PAUL BEALL, 261-57TH PLACE N.E.
�WARD 3):
Mr. Burns stated that Mr. Beall opted not to install a driveway as part of the City's 1997
bulk driveway contract. While Mr. Beall had previously agreed to be inciuded in the
contract, he subsequently determined that the driveway construction would exacerbate
drainage problems on his property. Since Mr. Beall's name had been certified to the County,
it is now necessary to de-certify his name.
ADOPTED RESOLUTION NO. 53-1998, APPROVING A DE-CERTIFICATION OF
THE DRIVEWAY TAX ASSESSMENTS FOR PAUL BEALL, 2G1 5TTH PLACE
N.E. (WARD 3).
5. RESOLUTiON NO 54-1998 DESiGNATiNG POLLiNG PLACES AND
APPOTNTTNG ELECTION JUDGES FOR THE 1998 TWO-YEAR ELECTTON
CYCLE:
Mr. Burns stated that staff is recommending Council's concurrence with the polling places
and election judges listed on pages 5.02 throujh 5.04 of the agenda.
ADOPTED RESOLUTION NO. 54-1998, DESIGNATING POLLING PLACES AND
APPOINTING ELECTION JUDGES FOR THE 1998 TWO-YEAR ELECTION
CYCLE.
6. RESOLUTiON NO. 55-1998 iNiTiATiNG THE PROCESS FOR THE SALE OF
THE CiTY'S $4 185 000 TAXABLE GENERAL OBLTGATiON TAX �NCREMENT
BONDS. SERIES 1998B:
Mr. Burns explained that up to this point, the Lake Pointe property acquisition that was
completed in 1992 has been funding through temporary tax increment bonds. Since the City
has reached the end of the time allowable under State law for temporary financing, staff is
CiTY COUNCiL MEETTNG OF AUGUST 24, 1998 PAGE 4
recommending that Council approve the initiation of permanent tax increment bond
financing. The new financing will be used to retire $4,090,000 in temporary debt.
ADOPTED RESOLUTION NO. 55-1998, INITIATING THE PROCESS FOR THE
SALE OF THE CITY'S $4,18�,000 TAXABLE GENERAL OBLIGATION TAX
INCREMENT BONDS, SERIES 1998B.
7. RESOLUTION NO. SG-1998 ADJUSTiNG THE SALARIES OF THE POLiCE
TECHNICiANS:
Mr. Burns noted that this action would reclassify the Police Technician job from Grade D to
Grade E, retroactive to January 1, 1997. It mirrors a reclassification for secretarial positions
that was approved as part of the 1997 budgeting process. Staffs recommendation follows a
very thorough reclassification study requested by the Police Technicians. The cost of the
reclassification for the seven incumbents is about $17,000 per year.
ADOPTED RESOLUTION NO. 5G-1998 ADJUSTING THE SALARIES OF THE
POLICE TECHNICIANS.
8. ESTABLTSH A SUPPLEMENTAL PUBLTC HEARTNG FOR TAE CENTRAL
AVENUE iMPROVEMENT PROJECT (WARD 2) (CONCRETE CURB
ASSESSMENT):
Mr. Burns stated that since the Central Avenue project has been modified to include curb
and gutter on the east side of Central Avenue between 73rd Avenue and 66th Avenue, it is
necessary to hold additional assessment hearings for property owners impacted by the
modifications. Staff is proposing to establish September 14, 1998 as the public hearing date.
ESTABLISHED SUPPLEMENTAL PUBLIC HEARING FOR THE CENTRAL
AVENUE IMPROVEMENT PROJECT (WARD 2) (CONCRETE CURB
ASSESSMENT) FOR SEPTEMBER 14, 1998.
9. APPROVE REViSED JOiNT POWERS AGREEMENT BETWEEN THE CITY OF
FRiDLEY AND COUNTY OF ANOKA FOR THE TMPROVEMENT OF CENTRAL
AVENUE FROM HiGHWAY GS TO 81ST AVENUE N.E. (WARD 2):
Mr. Burns stated that this reflects that Medtronic Inc., the City, and the County have agreed
to modify the Old Central Avenue reconstruction project in a manner that provides for curb
and gutter on the east side of the road between 66th and 73rd Avenues. In order to do this,
storm sewers for the east side of the road must be tied into a large storm sewer being
constructed on the west side of the highway. The cost for these changes is estimated at an
amount not to exceed $200,000. County and City staff have agreed to share these costs.
Additionally, the City has agreed to annually clean two large stormceptors that lie within the
project boundaries. Much of the City's additional cost for these changes will be offset by
assessments to adjoining property owners for concrete curb and gutter.
CITY COUNCIL MEETiNG OF AUGUST 24, 1998 PAGE 5
APPROVED REVISED JOINT POWERS AGREENIENT BETWEEN THE CITY
OF FRIDLEY AND COUNTY OF ANOKA FOR TFIE IMPROVEMENT OF
CENTRAL AVENUE FROM HIGHWAY 65 T0 81ST AVENUE N.E. (WARD 2).
10. APPROVE ANTMAL CONTROL CONTRACT BETWEEN TAE CITY OF
FRIDLEY AND BRTGHTON VETERINARY HOSPiTAL:
Mr. Burns stated that staff is recommending that the current contract for animal control be
extended without change to 1999. The City's Police Department has been very satisfied
with the services provided.
APPROVED ANIMAL CONTROL CONTRACT BETWEEN THE CITY OF
FRIDLEY AND BRIGHTON VETERINARY HOSPITAL.
11. APPOiNTMENT - CITY EMPLOYEE.:
Mr. Burns stated that staff is recommending the appointment of Debra Skogen as the City
Clerk/Records Manager. Ms. Skogen will be earning her Municipal Clerk's certification at
the University of Minnesota-Municipal Clerks Institute by the end of this year. She has been
employed for the past 5 1/2 years as City Clerk for the City of Robbinsdale. She has also
been employed by the Minnesota State Senate and the Dayton Hudson Corporation.
APPROVED APPOINTMEIVT OF MS. DEBRA SKOGEN AS THE NEW CITY
CLERKlRECORDS MANAGER.
12. CLAtMS.
APPROVED THE PAYNIENT OF CLAlNI NOS. 82029-82541.
13. LiCENSES.
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE IN THE
LICENSE CLERK'S OFFICE.
14. ESTiMATES:
APPROVED THE ESTIMATES AS FOLLOWS:
Frederic W. Knaak, Esq.
Holstad and Larson, PLC
3535 Vadnais Center Drive
St. Paul, MN 55110
Services Rendered as City Attorney
for the Month of July 1998 $ 4,250.00
CI7'Y COUNCiL 1VTEETING OF AUGUST 24, t998 PAGE 6
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 May, 1998 $ 16,110.00
Park Construction Company
7900 Beech Street N.E.
Fridley, MN 55432-1795
Rice Creek Bank Stabilization
Project No. 309
Estimate No. 6 $ 4,882.24
Forest Lake Contractin�
14777 Lake Drive
Forest Lake, MN 55025
57th Avenue (CR 102) Reconstruction
Project No. ST 1997-4
Estimate No. 2 $2�3,617.76
MOTION by Councilmember Schneider to approve the Consent Agenda as presented. Seconded
by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL NIEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRiED UNANIMOUSLY.
ADOPTiON OF AGENDA:
Councilmember Bolkcom asked that approval of a the Tower Site Lease Agreement be added to
the agenda. This item will be discussed immediately following the Open Forum.
MOTION by Councilmember Bolkcom to approve the adoption of the Agenda AS AMENDED.
Seconded by Councilmember Schneider.
UPON A VOICE VOTE, ALL MEMBERS 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 the Council on
items that are not on the agenda. �
CTTY COUNCiL MEETING OF AUGUST 24, 1998 PAGE 7
Mr. Rick Wolfe, 960 Hathaway Lane N.E., informed Council of a property directly across the
street from his residence. The home is vacant at this time, and as a result, is not being properly
maintained. The shrubs and bushes are overjrown, and the grass is mowed only occasionally. He
asked if the City could contact the owners of the property and ask that they arrange to have
someone maintain the property so that it does not become a blight to the surrounding
neighborhood.
Mayor Jorgenson asked that this matter be looked into by the Code Enforcement Officer.
Mr. Wolfe also took this opportunity to compliment Council and staff on the work that was done
after the recent storms.
There were no further questions or comments from the pubiic.
TOWER STTE LEASE AGREEMENT:
Mr. Flora explained that staff has been working with Sprint for a number of months to install a
monopole telephone antenna and dish on City property adjacent to Well No. 13. The agreement
is in a similar format to the APT agreement. It calis for a monthly rental of $1,030 for a total of
nine antennas with an increase of $100 per month for any additional antennas. The rent also calls
for an annual increase based upon the Consumer Price Index but not less than 5 percent. The
tower will be placed just north of 51 st Avenue on East River Road. The City Attorney has
reviewed the agreement and found it to be acceptable.
Mr. Gary Gantrud and Mr. Michael Thompson, representatives for Sprint, were present.
Mr. Thompson noted that they have one other site in Fridley and that the additional site should be
adequate to meet their needs.
MOTION by Councilmember Bolkcom to approve the Tower Site Lease Agreement with Sprint
Spectrum LP, to install a mono pole telephone antenna and dish on City property adjacent to Well
No. 13. Seconded by Councilmember Billings.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY.
NEW BUSTNESS:
18. iNFORMAL STATUS REPORTS:
Mr. Flora provided Council with an update on the Highway 65 road construction. He noted that
they are presently working on the west side near the Lake Point intersection. The construction of
the roadway will cause some temporary and some permanent road closures. They hope to
complete Phase II of the project by November. Phase III will being next spring, with a
completion date estimated for Aujust 1999.
CITY COUNCIL MEETING OF AUGUST 24, 1998 PAGE S
Councilmember Bolkcom reminded residents of the Riverview Heights Neighborhood meeting
scheduled for September 3. This will be a continuation of the July 29 meeting. The meeting is
scheduled for 7:00 p.m. at the Municipal Center.
Mayor Jorgenson noted that there will be an Appreciation Ceremony for Pastor Al Schoonover of
St. Phillip's Lutheran Church, who has been the Chairperson of the Southern Anoka County
Community Consortium on Sunday, August 30 at 12:00 noon.
Councilmember Schneider will be the guest for the Call on the Council on Tuesday, August 25,
1998 at 6:00 p.m. Call on the Council will hereafter run at 6:00 p.m. which is a change from the
7:00 p.m. schedule. Residents are urged to make note of this change.
ADJOURNMENT:
MOTION by Councilmember Schneider to adjourn the meeting. Seconded by Councilmember
Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE REGULAR MEETING OF THE
FRIDLEY CITY COUNC�L OF AUGUST 24, 1998 WAS ADJOURNED AT 8:10 P.M.
Respectfully submitted,
Tamara D. Saeflce Nancy J. Jorgenson
Recording Secretary Mayor
CITY OF FRIDLEY
PLANNING COMMISSION MEETING, SEPTEMBER 2, 1998
CALL TO ORDER:
Chairperson Savage called the September 2, 1998, Planning Commission meeting to
order at 7:30 p.m.
:• s
Members Present: Diane Savage, Dave Kondrick, LeRoy Oquist, Brad Sielaff,
Connie Modig, Larry Kuechle
Members Absent: Dean Saba
Others Present: Barb Dacy, Community Development Director
Scott Hickok, Planning Coordinator
Carol Hogan, 7813 Madison, Spring Lake Park
Jim Rhode, 39 - 77th Avenue N.E.
Dick Reiling, 8050 Ranchers Road
Joe Ratshe, 7779 Beech Street
C. M. Peterson, 7791 Elm Street
Councilmember Bob Barnette
Bob Egerer, CeIINet Data Services
Shirley Barton, 5331 - 5th Street
Tom Stimack, 5331 - 5th Street
Douglas Petty, 7805 Beech Street
Jason Reiling, 8050 Ranchers Road
Richard Harris, 6200 Riverview Terrace
Keith Graham, Ulteig Engineers
Gary Brewster, Roslyn Park Wesleyan Church
Harvey Teske, 4800 Flag Avenue N., New Hope
David Johnson, 6300 Georgia, Brooklyn Park
Mark Koegler, Hoisington Koegler Group Inc.
_..�� . � . . ..; - ; � � •uu •► u ► �
MOTION by Mr. Kuechle, seconded by Mr. Sielaff, to approve the August 19, 1998,
Planning Commission minutes as written.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED
THE MOTION CARRIED UNANIMOUSLY.
1.01
PLANNING COMMISSION MEETING, SEPTEMBER 5, 1995 PAGE 2
1. PUBLIC HEARING• CONSIDERATION OF ZONING TEXT AMENDMENT. ZTA
#98-01 BY CELLNET DATA SERVICES (MSP) INC :
To allow the location and development of Microcell facilities within the City of
Fridley fo� the storing, processing, filtering, and forwarding of communication data
within the Public Safety and Utility bandwidth licensed by the Federal
Communication Commission, including any antenna attached to such device,
generally located in the City of Fridley.
MOTI N by Mr. Kondrick, seconded by Mr. Kuechle, to waive the reading of the public
hearing notice and to open the public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED
THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:33 P.M.
Mr. Hickok stated the request for a zoning text amendment, ZTA #98-01, is by CeIINet
Data Services to allow the location and development of microcell facilities. Their request
facilitates the eventual storing, processing, filtering and forwarding of communication data
within the public safety and utility bandwidth as licensed by the Federal Communications
Commission.
Mr. Hickok stated the Planning Commission considered this request at their meeting of
August 19. At that time, the Commission considered language modifications to the City's
existing telecommunications ordinance, Ordinance No. 1112. The modifications were
kept specific to "Automatic Meter Reading Systems/Devices". Cellnet's interest in
providing language in the code along with the placement of these devices would allow
Cellnet's client, NSP, to utilize their locations for these devices. Additional text
amendments would be necessary if service providers chose to expand the use of the
public utilities structures for items other than these meter reading devices. This is very
specific for meter reading devices. �
Mr. Hickok stated an element that raised questions for the Commission and the petitioner
was on page 3, paragraph (3) of the proposed language which stated that a site plan
prepared to an engineer's scale would be required. This language has been replaced to
read, "A location plan matching the public utility structure identification (address) and the
appropriate Automatic Meter Reading Device." This modification will require a packet of
attachments from the petitioner to include a matrix for the label descriptor to match the
map location labels, cell identification number, latitude, longitude, street address and NSP
pole identifier address. With this modification, staff recommends approval of the zoning
text amendment, ZTA #98-01.
Mr. Kuechle stated this does not say anything about a requirement for the accuracy of the
latitude and longitude data. Is this something that should be specified?
1.02
PLANNING COMMISSION MEETING, SEPTEMBER 5, 1995 PAGE 3
Mr. Hickok stated that for that reason, staff is asking for the NSP address. Each pole has
an address and an identifier number. NSP is willing to provide a GIS map with all of
those points identified so that staff can take the matrix and those identifiers and be more
precise on latitude and longitude. Latitude and longitude has a degree of error. Though it
is important because the City will ask for it from other users, they will not rely entirely an it.
The next user will ask for the NSP address so they know precisely on which pole the
device is going.
Mr. Egerer stated that after the last meeting, he did some checking. The surveys they did
with GPS were done with a differential which places the accuracy within one to five
meters. He is happy with the new language. They have no issues.
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 7:38 P.M.
Mr. Kondrick stated it looks as though everything has been taken care of to the
satisfaction of the Commission as well as CeIINet.
MOTION by Ms. Modig, seconded by Mr. Kuechle, to recommend approval of Zoning
Text Amendment, ZTA #98-01, by CeIINet Data Services (MSP), Inc., to allow the location
and development of Microcell facilities within the City of Fridley for the storing, processing,
filtering, and forwarding of communication data within the Public Safety and Utility
bandwidth licensed by the Federal Communication Commission, including any antenna
attached to such device, generally located in the City of Fridley, as amended.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED
THE MOTION CARRIED UNANIMOUSLY.
Mr. Hickok stated the City Council would consider this request on September 14.
2. PUBLIC HEARING• CONSIDERATION OF REZONING. ZOA #98-02. BY
ROSLYN PARK WESLEYAN CHURCH:
To rezone property from R-2, Two Family Units, to R-3, Multi-Family Residential,
so that all of the contiguous Roslyn Park Wesleyan Church property is located
within a single zoning district, generally located at 5300 6th Street N.E.
3. PUBLIC HEARING• CONSIDERATION OF AN ALLEY VACATION. #98-02. BY
ROSLYN PARK WESLEYAN CHURCH: �
To vacate all that part of the alley in Block 15, Hamilton's Addition to
Mechanicsville, Anoka County, Minnesota, which lies between the Northerly line of
53rd Avenue N.E. and the Southerly line of 54th Avenue N.E. in said Block 15,
generally located at 5300 6th Street N.E.
1.03
PLANNING COMMISSION MEETING, SEPTEMBER 5, 1995 PAGE 4
Ms. Savage asked that the rezoning request and the aliey vacation be considered
together.
MOTION by Mr. Kondrick, seconded by Mr. Oquist, to waive the reading of the public
hearing notice and to open the public hearing. -
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED
THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:40 P.M.
Mr. Hickok stated Roslyn Park Wesleyan Church is requesting a rezoning and an alley
vacation. Mr. Brewster is requesting a rezoning of a portion of the property from R-2, Two
Family Residential, to R-3, Multi-Family Residential. Currently, half of the church property
is zoned R-2, and the other half is zoned R-3.
Mr. Hickok stated the church properties are located on 53rd Avenue befinreen 5th and 6th
Streets. The property to the east along 6th Street is zoned R-2. The property to the west
along 5th is zoned R-3. The church has a master plan for eventual expansion. Having
two zoning classifications makes the planning difficult.
Mr. Hickok stated Mr. Brewster has also requested an alley vacation. An alley currently
exists which bisects the church property. The Planning Commission considered these
requests at their meeting of August 19. Residents who use the alley identified
themselves as not being in support of the alley vacation request. The City Council
requires a 100% support of the petitioner prior to vacation of an alley. As a result, the
Planning Commission tabled the request to this meeting to allow the petitioners time to
work through the issues. The petitioner has prepared an alternative solution, and the
elements of this solution have been outlined in a lette� to the Commission dated
September 2, 1998. In this letter, Mr. Brewster requested that both items be considered
under the one petition.
Mr. Hickok stated staff has reviewed the rezoning request, and the request meets the
criteria utilized when considering a rezoning. Therefore, staff recommends approval of
the rezoning request, ZOA #98-02, without stipulations.
Mr. Hickok stated that regarding the alley, the church is requesting a partial vacation. In
lieu of the alley across the church property, the church is prepared to provide at their cost
a new hard surFace blacktop driveway with curb and gutter, and is prepared to offer a
perpetual easement as a solution for those who wish to have the alley continue to their
properties to the north.
Mr. Hickok stated the request for a variance was made in the letter. This refers to Section
211 which requires that a petitioner of the adjoining properties be included showing full
support and allowing 100% vacation of the alley to occur. Unlike Section 205, the
Appeals Commission and City Council can grant a variance to the perFormance standards
1.04
PLANNING COMMISSION MEETING, SEPTEMBER 5, 1995 PAGE 5
of Section 205. Section 211 is not open to variance; therefore, a variance is not the
appropriate mechanism to allow further consideration of this vacation. The Commission
can recommend a partial vacation for City Council consideration if you feel this is
appropriate. Section 211 allows for the vacation of a po�tion of the plat provided that all
the owners in such a plat join in the execution of such instrument. If the alternative
arrangements are suitable for those who utilize the alley and they support the request, the
intent of Section 211.10 has been met.
Mr. Hickok stated the proposal by the church is for the vacation of a portion of the alley
that is on their property. The church is planning two future expansions. The first is to the
south and the second to the west. At the time of the second expansion, they will need an
accepted parking plan and will need room where the alley exists now.
Mr. Hickok stated the alternative being suggested for the neighbors in lieu of the current
alley would provide a driveway entering from 5th Street and extending to the alley. As
part of that, the church has indicated they would make this a hard surface drive with curb
and gutter, and would provide an adequate tuming radius so that anyone using the alley
would be able to make that turn without complication.
Mr. Hickok stated staff was able to contact one of the property owners to the north who
spoke in opposition. She indicated she did not have an issue with the altemative as long
as the alley functions properly in its altemative form. One of her concems was that water
exists currently in the alley and hoped that the new access plan would not exacerbate any
run off into that area and cause further problems. As with all projects if this were to move
forward, the engineering staff would have to approve a drainage plan for that alternative
access. He believed this concem had been addressed.
Mr. Hickok stated that if the sentiments of the individual are accurate and others who
spoke in opposition concur, staff recommend approval of the request to vacate only the
church portion of the alley with the following stipulations:
1. The petitioner shall record an easement to allow garage access for the
homeowners at 5329 5th Street N.E., 5331 - 5th Street N.E., and 5367 - 5th Street
N.E. and any other property owner north who may require alley access.
2. The petitioner shall record an easement over the alley to allow access to the
utilities.
3. The petitioner shall record a new easement to allow a utility access altemative
prior to issuance of the proposed church expansion on the west end of the existing
church structure.
1.05
PLANNING COMMISSION MEETING, SEPTEMBER 5, 1995 PAGE 6
4. The petitioner shall apply for and receive a special use permit prior to expansion of
their church facility.
5. The petitioner shall record an easement to provide Amoco continued rights across
the former alley.
6. The petitioner shall provide the improved asphalt or concrete access to 5th Street
in accordance with a plan to be submitted and approved by the City prior to
installation.
7. The petitioner shall not alter the alley across their property, or in any way limit
access by the adjacent property owners, until the new access has been
completed.
8. The petitioner shall hold harmless the City from any damage or injury that occurs
on or over the alley area in the interim, or beyond the vacation approval and
completion of the drive access alternative for the residents still wishing to utilize the
alley north of the church property.
9. The petitioner shall provide reasonable seasonal maintenance as necessary to
assure access to and from the non-vacated portion of the alley.
Ms. Modig asked, when the church makes the access across the church property to the
alley, will that turn allow access for emergency vehicles, such as a fire truck, etc.
Mr. Hickok stated the proposal is to provide access for radius tum movement for vehicles
with trailers, such as a vehicle pulling a boat trailer, and also a radius to accommodate an
emergency vehicle would have to be approved by staff prior to implementation. Staff �
would make certain that emergency vehicles, utility tn.icks, etc., could use that turn.
Mr. Brewster stated several members of the property improvement committee were also
with him at the meeting, Mr. Harvey Teske and Mr. David Johnson, along with a
surveyor/engineer from Ulteig, Mr. Keith Graham. He thanked staff for their extra work
and for letting them come back with a revised plan. The term Mr. Hickok has used is a
modified approach to vacate the alley. The premise of their coming with a revision is that
the alley which has not served 100% of the residents who have property adjoining the
alley and that it has not been a maintained alley. The alley has not been maintained and
is subject to a tremendous amount of erosion. They would like to help remedy that and to
continue to provide an access for those neighbors without impeding them by bringing in
property lines, changing them, etc. It is their desire to bring that part of their petition as a
modification to the code. Mr. Graham may be able to speak to the question about the
turning radius for the access. They would be providing an access to the existing alleyway
that is not vacated.
1.06
PLANNING COMMISSION MEETING, SEPTEMBER 5, 1995 PAGE 7
Ms. Savage asked if the petitioner knew if anyone was in opposition to the revised
proposal.
Mr. Brewster stated they were not aware of anyone. They visited and contacted those
who were involved in the change of that. Mr. Hickok came out, did a site view and went
through the property. The neighbors were there to visit about that. In their visits or in
their correspondence, they have not had any indication that this proposal would have any
opposition.
Ms. Modig asked if the petitioner had any problems with the stipulations.
Mr. Brewster stated he did have a question about the last stipulation regarding
maintenance. They would provide maintenance as far as seasonal access is concemed.
They would not directly be using that drive themselves especially in the winter but
understand that it would need to be accessible for those who would be using it. The alley
itself is primarily maintained in the winter by Mr. Stimack. They have participated in a cost
share but it has been primarily his responsibility.
Ms. Modig stated she understood he took that on in order to have access to his garage.
In order to have access, that easement still must be available. She asked the petitioner if
they were questioning what maintenance must be done.
Mr. Brewster stated, yes.
Mr. Sielaff asked what was done before for the other access.
Mr. Hickok stated it sounds like it was a shared responsibility and the owners shared
responsibility to shovel so they could get in. Mr. Brewsters responsibility is to keep the
access available for the neighbors.
Mr. Brewster stated that is what he understood. For those who use the alley, that is
something they would have to work out themselves. The Stimack's have another access
with their own driveway. For the lady that is next to them, this is her only access.
Mr. Sielaff asked if there needs to be a stipulation that the maintenance is a shared
responsibility.
Mr. Brewster stated they would provide the driveway for access. The other mechanics
would be something to be worked out.
Mr. Sielaff stated that as long as it is maintained, he does not care.
Ms. Modig stated this has the potential for being a real problem. It is not clear unless we
have an indication about who will plow the driveway and maintain it in the wintertime.
1.07
PLANNING COMMISSION MEETING, SEPTEMBER 5, 1995 PAGE 8
Mr. Brewster stated the way they see it is they are responsible for clearing the access.
He would like to seek a cooperative way of doing that, probably a cost share.
Ms. Savage asked the petitioner, in the event they were not able to do that, would you
take on that responsibility.
Mr. Brewster stated, yes, especially of the vacated alley. The access would be additional
for them to assume.
Ms. Modig stated she felt this needed to be more specific.
Mr. Hickok stated they are asking for reasonable seasonal maintenance. If that means a
shared agreement, then so be it.
Ms. Savage stated she believed the petitioner has indicated he understands and is willing
to accept the responsibility if need be and is willing to work something out.
Mr. Kondrick asked if it was conect that people would be able to get from the church
parking lot going north.
Mr. Hickok stated, yes, there would be a connection to the alley.
Mr. Brewster stated, by doing this, it enables their future plans for the expanded parking.
It not only gives immediate access for the residents but sets it up for future expansion._
Mr. Oquist asked if this would be suf#iciently marked so that people attending church
services and/or activities do not park in that alley area and block the entrance.
Mr. Hickok stated that was an excellent point. He believed the design for this would be
done in a way that the north curb becomes the permanent concrete curb and gutter for
the future drive aisle for the parking lot. He understands they will have an asphalt curb
which would then be taken out at the time of the parking lot expansion. He understands
that this is a short-term solution to provide drainage until the parking lot is completed.
Mr. Oquist stated there is a type of concrete curbing that is not a whole curb but still
allows for drainage. He also does not want to block the alley for emergency vehicles.
Mr. Hickok stated this could be stipulation #10.
Mr. Graham stated he was the surveyor for the project. There is a 16-foot tuming radius
on the curb. This is fine for automobile traffic but it is tight for emergency vehicles such as
fire tnacks. There is room for a 22-foot radius coming off the easement to the alley to the
north. They would work with the engineering department to, if necessary, relocate that
1.08
PLANNING COMMISSION MEETING, SEPTEMBER 5, 1995 PAGE 9
easement a bit to accommodate the necessary tuming radius. They would have to talk to
the traffic engineers because this depends on the type of vehicles expected in that area.
Mr. Oquist stated he thought that should be another stipulation.
Mr. Kuechle asked Mr. Graham if there were parking spaces blocked out along the side of
the access drive.
Mr. Graham stated there are parking stalls and a drainage pond to the south. They will
stretch the easement out to the alley. Rather than a tuming radius, he would prefer to
see the south line extended all the way to the alley so there will be room for snow removal
and snow storage. If they can box that out rather than putting in a specific radius, that
allows room. The civil engineer would have to make the decision along with City staff as
exactly how best to handle the run off coming from the alley.
Ms. Modig asked if that is something that is automatically done or would that require a
stipulation.
Mr. Hickok state stipulation #6 covers that in that the staff would need to approve the
plan.
Ms. Modig stated she is concemed about the neighbors that were at the last meeting.
Did staff hear from them and does staff know that there is no problem with this proposal?
Mr. Hickok stated he talked with Ms. Barton who is a co-owner of the property with Mr.
Stimack. She stated she would be talking to Mr. Stimack. She did not have any
concerns other than to make certain that this was engineered properly. If Mr. Stimack
had additional concems, she would have him call. Staff did not hear from him. As to the
other property owner that spoke, he was concemed about the garbage pick up in the alley
and being able to get in and out. Mr. Hickok was unable to contact him.
Mr. Kondrick stated that if they can assure the tuming radius, that problem is solved.
Mr. Sielaff asked if they were notified a second time of this public hearing.
Mr. Hickok stated, no. They attended the last meeting and were made aware at that time
of this meeting.
Ms. Modig asked if they had the signatures needed in order to do this right.
Mr. Hickok stated that although they do not have the signatures for 100% vacation north
to south, according to Section 211, the property owners that abut are supporting it.
According to the other owners, he has heard verbal support from one property owner. It
does make it difficult. The City staff, Commission and City Council would be most
1.09
PLANNING COMMISSION MEETiNG, SEPTEMBER 5, 1995 PAGE 10
comfo►table with a written confirmation. As long as they are okay with the alternative, he
thought that would be the equivalent of 100% support.
Ms. Savage stated it is clear that they did know about the meeting and had an opportunity
to write or call.
Mr. Brewster stated that after the last public hearing and hearing the response from the
neighbors, they addressed a letter to them and discussed this with those concerned.
That is why they have an agreement to go ahead with the modification. They took steps
to find a reconciliation.
Mr. Stimack stated he has no conflicts with this issue as long as the tuming radius is
provided and it does not interfere with the drainage. That should be it.
MOTI N 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 8:12 P.M.
Mr. Kuechle stated he thought they had resolved the issues that were contested. He
would recommend approval of both the rezoning and the vacation request.
Mr. Oquist stated he would amend the stipulations.
Mr. Kondrick asked if they should say something about marking the alleyway.
Mr. Oquist stated he thought that should be one of the stipulations that the new alleyway
be sufficiently labeled to prevent parking in that area.
MOTION by Mr. Oquist, seconded by Mr. Sielaff, to recommend approval of a Rezoning,
ZOA #98-02, by Roslyn Park Wesleyan Church, to rezone property from R-2, Two Family
Units, to R-3, Multi-Family Residential, so that all of the contiguous Roslyn Park Wesleyan
Church property is located within a single zoning district, generally located at 5300 6th
Street N.E.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED
THE MOTION CARRIED UNANIMOUSLY.
M I N by Mr. Oquist, seconded by Mr. Kondrick, to recommend approval of an Alley
Vacation, SAV #98-02, by Roslyn Park Wesleyan Park Church, to vacate all that part of
the alley in Block 15, Hamilton's Addition to Mechanicsville, Anoka County, Minnesota,
which lies between the Northerly line of 53rd Avenue N.E. and the Southerly line of 54th
Avenue N.E. in said Block 15, generally located at 5300 6th Street N.E., with the following
stipulations:
� 1.10
PLANNING COMMISSION MEETING, SEPTEMBER 5, 1995 PAGE 11
The petitioner shali record an easement to allow garage access for the
homeowners at 5329 5th Street N.E., 5331 - 5th Street N.E., and 5367 - 5th Street
N.E. and any other property owner north who may require alley access.
2. The petitioner shall record an easement over the ailey to allow access to the
utilities.
3. The petitioner shall record a new easement to allow a utility access alternative
prior to issuance of the proposed church expansion on the west end of the existing
church structure.
4. The petitioner shall apply for and receive a special use permit prior to expansion of
their church facility.
5. The petitioner shall record an easement to provide Amoco continued Rghts across
the former alley.
6. The petitioner shall provide the improved asphalt or concrete access to 5th Street
in accordance with a plan to be submitted and approved by the City prior to
installation.
7. The petitioner shall not alter the alley across their property, or in any way limit
access by the adjacent property owners, until the new access has been
completed.
8. The petitioner shalt hold harmless the City from any damage or injury that occurs
on or over the alley area in the interim, or beyond the vacation approval and
completion of the drive access altemative for the residents still wishing to utilize the
alley north of the church property. .
9. The petitioner shall provide reasonable seasonal maintenance as necessary to
assure access to and from the non-vacated portion of the alley.
10. The petitioner shall receive approval for the tuming radius which is to be adequate
to handle emergency vehicles.
11. The alley shall be sufficiently labeled to prevent the entrance from being blocked.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON DECLARED THE
MOTION CARRIED UNANIMOUSLY. �
Mr. Hickok stated the City Council would consider this request on September 14.
1.11
-
PLANNING COMMISSION MEETING, SEPTEMBER 5, 1995 PAGE 12
4. PUBLIC HEARING• CONSIDERATION OF A SPECIAL USE PERMIT. SP #98-
15 BY LOUCKS & ASSOCIATES INC ON BEHALF OF SPRINT SPECTRUM:
To construct a wireless telecommunications tower as defined in Section 205.29.2
of the Fridley City Code, pursuant Section 205.29.5C in an M-2, Heavy Industrial
Zoning District.
Ms. Savage stated the request for a special use permit, SP #98-15, had been withdrawn.
5. PUBLIC HEARING� CONSIDERATION OF ZONING TEXT AMENDMENT ZTA
#98-02 BY THE CITY OF FRIDLEY:
To create a new zoning district for industrial lot below one and a half acres in size,
with special attention in the Onaway Addition located north of 79th Avenue, east of
the Burlington Northern Railroad tracks, west of University Avenue, and south of
85th Avenue.
MOTION by Mr. Kondrick, seconded by Mr. Kuechle, to waive the reading of the public
hearing notice and to open the public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED
THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 8:15 P.M.
Ms. Dacy stated the zoning text amendment, ZTA #98-02, is being requested by the City
of Fridley. The purpose of the zoning text amendment is to create a new zoning district in
the Onaway Addition and, secondly, staff is asking the Planning Commission to evaluate
a smaller minimum size requirement from 65,330 square feet to 62,000 square feet in the
M-2, Heavy Industrial, district.
Ms. Dacy stated the Onaway Addition is located in the northem part of the City with 77th
Avenue along the south boundary, Main Street to the east, 79th Way on the north, and
the railroad tracks to the west.
Ms. Dacy stated the background of why this request is being brought to the Planning
Commission's attention is that over the last two ar three months the City has become
aware of the small lot areas in this subdivision. The Onaway division was originally
subdivided in 1911 and was originally intended for a residential development. However,
that area when it was incorporated into the City of Fridley in 1958 was zoned industrial
and planned for industrial since that time. Staff went back and looked at the code from
1958. At that time, there was not a minimum lot size requirement for development in
industrial areas, and a minimum lot area did not appear in the zoning requirements until
the 1960's. In the Onaway district, most of the building took place in the 1960's and
1970's. In 1973, the code had an exception phrase. For the M-2, the minimum lot size
was 1.5 acres except for lots subdivided in a plat prior to the effective date of that code.
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PLANNING COMMISSION MEETING, SEPTEMBER 5, 1995 PAGE 13
Permits were issued and buildings constructed. Apparently in the ea�ly 1980's when the
City code was recodified, the ordinance changed such that in the M-1 area there is a 3/4
acre lot size or 32,070 square feet; M-2 was listed at 1.5 acres or 64,140 square feet.
Ms. Dacy stated the City had a variance request this spring that was denied because of
some of these minimum lot size requirements. In the approach of a special zoning
concept, they had to balance between the typical health, safety and welfare concems that
the zoning code is intended to protect versus what is there already. The minimum lot size
is there to make sure there is adequate separation between buildings, provide green
area, adequate parking for employees and guests, etc. The analysis included 54 parcels
in the Onaway district. There are 200-300 parcels community-wide. A matrix for the
Onaway district was provided in the agenda packet.
Ms. Dacy stated next is to determine the minimum lot size requirement because two out
of the 54 could meet the 1.5 acre requirement. If the majority of the sites cannot meet the
current requirement, what is the City's goals? What does the City want to accomplish?
Staff looked at the range of lot areas. The majority seem to be between the range of
10,000 and 20,000 square feet. Staff did evaluate looking at a 20,000 square foot lot size
but that would require a displacement of businesses. From a planning standpoint, the
larger minimum lot size has more area for flexibility, expansion and create an assurance
of adequate room on site for development. In this case with an existing development, you
have improvements already in place and are not dealing with any vacant land so to speak
but rather dealing with a pre-existing condition.
Ms. Dacy stated that based on stafPs analysis, the majority of the lots could meet a
10,000 square foot lot size requirement. There were eight or nine parcels that could not
meet that. However, half of those were part of an adjacent owner. There were four
properties that could not meet the 10,000 square foot requirement.
Ms. Dacy stated, for the M-2 lot size and changing the minimum lot size from 1.5 acres to
62,000 square feet, through this analysis staff did find there are other lots in the
immediate area that are just shy of the 1.5 acres. If they reduce the lot size to 62,000
square feet, her initial thought was that they could resolve the nonconforming status for
three lots. She did find that there are eight lots in the immediate area that range between
42,000 square feet and 57,000 and 58,000 square feet. It may be wise for the City to
evaluate the zoning of those sites to M-1 to keep them in a conforming status. That
however is a future issue.
Ms. Dacy stated staff is recommending a new zoning district, S-3, Onaway Special
District, which is set up exactly as the M-2 with the same uses, the same special uses,
the same landscape requirements, the same design requirements, except that the
minimum lot size would be 10,000 square feet, lot width of 80 feet, and reduced setbacks.
Ms. Dacy provided a handout outlining the requirements for the S-3 district with those
requirements highlighted that are different from M-2.
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PLANNING COMMISSION MEETING, SEPTEMBER 5, 1995 PAGE 14
Ms. Dacy stated the second recommendation by staff is for the Pianning Commission to
recommend to the City Council to change the minimum lot size from 1.5 acres to 62,000
square feet. �
Ms. Dacy stated, third, with the Commission's concurrence, she would like staff to
continue their research about the lot areas and evaluate rezoning eight properties to M-1.
Those owners were not part of this notification so staff would like to meet with them to talk
about that and to pursue another solution on those sites.
Ms. Dacy stated that in the Onaway District, the majority of the lots can meet the 10,000
square foot lot size. The four lots that cannot meet that requirement are located befinreen
Beech and Elm just north of the 77th Avenue right-of-way. This consists of two single
family homes toward the east, and Rhodes Lock and Glass and a floor covering business
to the west. Those lot sizes range from 7,600 square feet to about 8,748 square feet.
These four lots would be nonconforming. She thought the owners of the two single family
homes have been aware of this issue for several years. In the future, the intent would be,
as any of these four lots are abandoned or destroyed, they would try to join lots together
in order to get the minimum size.
Mr. Kondrick asked the total square footage of those four lots combined.
Ms. Dacy estimated the four lots to be about 30,000 square feet.
Mr. Oquist stated he thought 7864 and 7872 Elm were under 10,000 square feet as are
lots on Main Street.
Ms. Dacy stated they checked the ownerships and many of those parcels are tied
together under one owner.
Ms. Dacy stated that regarding the eight properties they are evaluating in the M-1 district
fall between 33,000 square feet and 65,000 square feet. One parcel is located at the
northwest corner of Ranchers Road and 79th, two are on the opposite comer of the
intersection, another parcel is down Ranchers Road, and two parcels are just north of the
Dairy Queen on Main Street. They are looking at the M-1 zoning and bringing that
requirement down. Some of the owners have not been notified regarding this issue. She
would like to do some additional research to check the lot sizes that are showing on the
plat versus what is showing up on the GIS system.
Ms. Dacy stated the Planning Commission is asked to recommend a zoning district that
would apply only to the Onaway Addition and, in effect, rezone it from M-2 to S-3,
Onaway Addition Special District. She did get a telephone call from one af the property
owners who suggested putting the words "Heavy Industrial" after S-3 to denote that
people know it is an industrial area when they call in doing zoning checks.
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PLANNING COMMISSION MEETING, SEPTEMBER 5, 1995 PAGE 15
Mr. Sielaff asked if the nonconforming lots were residential.J
Ms. Dacy stated two are residential and two are commercial. There is another house on
Elm Street that is being leased to a relative of the owner. There was at one time a house
on the other side of the street also but that is now gone. Over time, the nonconforming
properties are being eliminated.
Ms. Modig asked if there are any other areas in the City that fall into this,category.
Ms. Dacy stated this is the only place in town. There are other older industrial plats in the
salvage yard area on 73rd and an outlot property on the other side of the railroad tracks
near Springbrook. Those are zoned M-1 and very small. The conditions that exist here
warrant special attention. The purpose statement on the first page tries to get at that
issue.
Ms. Sielaff stated this is considered a special district. How would other zones be
determined in this special district?
Ms. Dacy stated right now the area is zoned M-2, Heavy Industrial. If the City Council
approves the request, the area would be S-3, Onaway Heavy Industrial Addition. If a
building burned down, then the minimum lot size must be 10,000 square feet. The new
set of standards would be used when someone comes in for an application.
Mr. Sielaff asked if the use would change.
Ms. Dacy stated the uses would be the same as those in the M-2. There should not be
any issues about the use. The intent of this district is to get at the lot area and some of
the environmental issues. The City has two other examples using the special district
approach. First is the S-1, Hyde Park, area which extends from 57th to 61 st. Second is
the S-2 district which includes Lake Pointe and Christenson Crossing.
Mr. Oquist stated this ordinance would be put into effect on properties that will apply in
the future. This does not affect existing properties. Is it correct that this does not require
a current business to change to agree with this ordinance? It is only after something
affects the property. �
Ms. Dacy stated this was correct. This only comes into effect if something happens and
only if a building is destroyed beyond 50% of its value or if they want to expand.
Otherwise, there is no change.
Ms. Savage stated she wanted to clarify that this would change the minimum lot
requirements in an M-2 district from 1.5 acres to 62,000 square feet. This is a zoning text
amendment. If the Planning Commission should recommend approval, procedurally what
happens next.
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PLANNING COMMISSION MEETlNG, SEPTEMBER 5, 1995 PAGE 16
Ms. Dacy stated the City Councii will hold a public hearing on September 14. The City
Council will conduct a hearing, then they must adopt an ordinance to officially include the
S-3 district and implement the proposed changes including the reduction of the minimum
lot size in the M-2 district to 62,000 square feet.
Ms. Sielaff asked that in the special district, they are tending toward a certain lot size.
What is confusing him is the use issue. What happens if a building is destroyed or the
property is sold?
Ms. Dacy stated the uses that are permitted in the S-3 district are the same as those
permitted in the M-2 district. If you have a building and it burns down, if the lot is 10,000
square feet then it is not a problem.
Mr. Sielaff asked what would happen if a residential building burned.
Ms. Dacy stated a residential building right now is not a permitted use in the M-2 district.
The S-3 also does not permit residential use. If one of those homes burns down, they will
not be able to rebuild. It would need to be an M-2 use.
Mr. Reiling stated he is a property owner and is the sacrificial lamb. His property bumed
down on Hickory Street last February. Due to the fact of the zoning requirements, they
were not allowed to rebuild. Consequently, he now has a vacant lot. It seemed to him
that the text amendment for the S-3 would take care of his problem and those of many
other folks in the same situation. He would be in favor of the amendment.
Mr. Rhode stated he has concerns. He has one of the four lots that will not be in a
situation to benefit. There is a floor covering business next to him on the corner and then
two houses on the other side. He did not know what the lot sizes were for the four lots. �
He has had his lot surveyed and he had 8,775 square feet. The lot is 75 feet in width. If,
for example, a neighbors building bumed down or if a residence bumed, would they
condemn the lot? If there is 30,000 square feet, this would them make three lots. That is
hard to divide.
Ms. Dacy stated staff is not suggesting condemnation. They are saying these uses are
allowed to continue as they currently are forever. However, if his structure was to bum
down or become damaged beyond 50% of the value, he would not receive a permit to
rebuild. If the single family home to the east should come up for sale, staff would try to
encourage as large of lot size as possible so that two adjacent owners could bundle two
lots together and get a bigger lot. If he and the floor covering business owner wanted to
join together to share a building and join the lots, that would be okay as well, Staff is
suggesting that over time there must be at least a minimum lot size of 10,000 square feet.
Until structures are destroyed, the City will not initiate a condemnation.
1.16
PLANNING COMMISSION MEETING, SEPTEMBER 5, 1995 PAGE 17
Mr. Rhode stated he had a survey to see what he could do. He would have to ask for too
many variances so he did not go further. He has kicked this around for the last four or
five years. This issue does concern him. It is not worth it for him to do anything to it. He
cannot grow. He deals with retail which is not his main business. His main business is
mobile. The shop does fine for his purposes. In order for him to stay here with the
property he has, it is worthless and has no value if the zoning will not accommodate
anyone with that lot size. The value is nothing if you cannot do anything with it. As far as
accommodating the majority, that is good but that still leaves him as the minority. If he
was at 75 feet on the width and 8,500 square feet, he would have a lot that he could
construct a building and could still run a business on a profitable basis without buying
land and moving out. He is about 1,300 square feet short of the minimum lot size and 5
feet short on the width. There are only four lots, but he thought it was something to
consider. If he moves, he will move to Elk River or some place to the west. This has
been an issue that he has kicked around but he has never pursued. If he put money into
buying lots, he did not think that was the place to do it.
Mr. Oquist stated that under the existing zoning if something should happen to his
property, he could not do anything with it either. Either way, he cannot do anything.
Either way, he still has the same problem. If they try to accommodate everyone, they
have to drop it way down. They are trying to correct as best they can.
Mr. Petter operates a business at 7805 Beech Street. Typically, the buildings and lots on
his s#reet are the same size. None of them would be able to rebuild. Under the proposed
rezoning of that area, it works very well for him and he was sure it would work well for.
everyone on his street. He supports it. It cannot happen too soon as far as he is
concerned.
Ms. Hogan stated she owned property at 7800 Main Street. She did not know she had a
problem until she met with City staff. She is in support because it would help her.
Mr. Harris stated he owns property in the Onaway Addition. He had some things he
wanted to clarify. The map did not show the vacated alleys. It shows only dedicated
alleys. In the block between Elm Street and Main Street just north of 77th Avenue, has
the north/south and east/west alleys vacated? In the next block to the west; Block 7, the
north/south alley is vacated but the east/west alley is not. If they vacated the east/west
alley, it might help those properties along 77th Avenue gain a few square feet. All of
those alleys are unimproved but they are dedicated. The next block to the north are
improved alleys and are in use.
Mr. Harris asked that on some of the figures provided by Ms. Dacy, when taking the
square footages, were the easements omitted. It appears that, especially over in area of
East Ranchers Road, the numbers do not reflect the easement areas. There are
drainage and utility easements in the rear, and he assumed they were part of the total
square footage.
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PLANNING COMMISSION MEETING, SEPTEMBER 5, 1995 PAGE 18
Ms. Dacy stated she was assuming they included the area of easement. One of the
things she can do is check the officially recorded plat for some of the lots versus what is
in the GIS which comes from Anoka County.
Mr. Harris stated on Lot 5, Block 3, he came up with 60,814 square feet. On the interior
lots, he came up with 62,055 square feet for Lot 6, Block 3. It appears they are not taking
into consideration the 10-foot drainage and utility easement on the back lot lines. On Lot
6, there is a 15-foot storm sewer easement on the north lot line. Perhaps they are losing
some figures because of the easements.
Mr. Harris asked how this o�dinance would affect property owners who are operating at
that pa�ticular time. It would probably have no affect on normal operations but it would on
real estate sales. If an existing, nonconforming use, by Minnesota law an owner is
required to divulge that information to the potential buyer. That does affect the property
value.
Mr. Oquist stated there is the same situation with an M-2 zoning where it would truly be
nonconforming because of the 1.5 acre requirement.
Mr. Harris stated that was true except when they were built. These were built in the
1960's and 1970's. The 1973 code was not officially recodified until, he thought, 1983.
There were public hearings held in 1981. For some reason in 1983, they dropped the
phrase that was in the previous codes that alluded to plats and subdivisions prior to the
existing code. He did not know why it was dropped in the M-2. In the M-1, it is still there.
It has not changed in the residentials. That basically stayed all the same. He did not
know why they are singling out M-2.
M TI N by Mr. Kondrick, seconded by Mr. Kuechle, to close the public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED
THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:48 P.M.
Ms. Modig asked, regarding the information on the alley easements for those four
properties that are nonconforming, how much difference would there be in the square
footage if the alley were vacated.
Ms. Dacy stated it would bring them closer. Rhodes Lock and Glass is just shy of 9,000
square feet. If the alley were vacated, it could add approximately another 640 square feet
which gets him closer. The two single family residences get a little closer. The floor
covering owner is just shy of 8,000 square feet . At a minimum, the City does not want to
continue to encourage the continuation of the nonconformance. If those were to be
redeveloped at some point in time, you would have the owner of Rhodes Lock and Glass
or the floor covering people expanding into that area which would be certainly something
that is possible. It takes time and money.
1.18
PLANNING COMMISSION MEETING, SEPTEMBER 5, 1995 PAGE 19
Mr. Harris asked if it was possible to take the whole 16 feet of the alley and add it to the
southerly properties making a deal with the people to the north. It could make those four
lots more viable, and it would help solve Mr. Rhode's problem.
Ms. Dacy stated it was possible. What would happen is that when an alley is vacated,
half goes to one and half goes to the other. The owners would have to deed the northerly
feet to the owners to the south. Based on what has been happening in other areas,
either this block develops and one or two buildings face 77th Avenue or the westerly two
and the easte�fy two join together and one faces Elm and one faces Beech. The City
wants to head toward consistent development that fits a pattem in the neighborhood.
10,000 square feet was to accommodate a number of owners in the area. They must
determine just how low they will go and still have a reasonable industrial development.
Ms. Modig asked what the lot sizes were in neighboring cities.
Ms. Dacy stated they had surveyed other first ring communities. St. Louis Park and
Golden Valley had situations that were most applicable to Fridley where they had pre-
existing industrial areas. Golden Valley did not have a minimum lot size requirement as
she recalled. St. Louis Park was beginning to evaluate their industrial area for
redevelopment. Other communities are all over the board on the nonconforming lot
issue. Some communities are very strict about making that, if over 50% is destroyed or
damaged, then they will not permit reconstruction. Other communities will allow it if it is a
lot of record and meets 80% of the lot area. Here, 80% of 1.5 acres would result in the
same issue in this subdivision. They looked at the aerial, how the subdivision was
developed, and tried to do what made sense.
Mr. Rhode asked that if one of those houses went up for sale, can they be sold and be a
house again. Is that grandfathered in?
Ms. Dacy stated, yes.
Mr. Rhode stated that if it is damaged to over 50%, then the use would have to change.
Ms. Dacy stated this was correct.
TI N by Mr. Oquist, seconded by Mr. Kuechle, to recommend approval of Zoning
Text Amendment, ZTA #98-02, by the City of Fridley, to create a new zoning district for
industrial lot below one and a half acres in size, with special attention in the Onaway
Addition located north of 79th Avenue, east of the Burlington Northem Railroad tracks,
west of University Avenue, and south of 85th Avenue.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED
THE MOTION CARRIED UNANIMOUSLY. .
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PLANNING COMMISSION MEETING, SEPTEMBER 5, 1995 PAGE 20
MOTI N by Mr. Oquist, seconded by Mr. Kuechie, to modify the minimum lot area in the
M-2, Heavy Industrial, district from 1.5 acres to 62,000 square feet.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED
THE MOTION CARRIED UNANIMOUSLY.
Ms. Modig stated staff had received a comment about including heavy industrial in the
title of the district. Does the Planning Commission need to take action on that request?
Ms. Dacy stated staff will take care of that change. The City Council will consider this
request on September 14.
6. DEVELOPMENT OF VISION AND GUIDING PRINCIPLES - MARK KOEGLER:
Mr. Koegler stated, in May and June 1998, they held two vision sessions. They got a lot
of good information out of the sessions which will be used in various portions of the
comprehensive plan. One of the intentions behind that effort was to lay the foundation
and to help establish the course that the comprehensive plan will take. As part of that,
they asked participants a variety of questions. A summation of the responses was
included in the agenda packet. Basically they asked what they wanted the community to
become in the future and what the strengths would be. The challenge coming out of that
is to distill that down into series of statements that they can use as a kind of guidepost as
they go through the comprehensive planning process.
Mr. Koegler stated that from a planning perspective, what they heard from the participants
was that this is the vision, this is the direction they want to go in the planning process for
the future of Fridley over the next 10 to 20 years. Furthermore, they refined that with
what they term a set of guiding principles which are a bit more specific. The intention is
for this to become a comparison tool not only as they go through the planning process but
also after the comprehensive plan is adopted. Tonight, the Planning Commission has an
opportunity to provide input on the direction that this is going.
Mr. Koegler stated this becomes some of the information which they will refer to during
the planning process. With gathering input from the community, they have tried to
broaden that as much as possible. To the degree that it is possible, they try to make the
input portion of the comprehensive plan a grass roots effort. How do they get people
involved? He thought the vision process was an excellent start. The intent was to take
this further to come up with what they think is an appropriate statement of vision and an
appropriate set of principles to help guide this effort. It is their intention to take that out
and test that in the community at large, that is to provide people a chance to comment.
How to do that or the mechanics will be worked out. Perhaps there will be a supplement
in the Fridley Focus or some other vehicle to literally get this into every household in the
City, offer people a chance to look at this information, have some background on what it
is all about, and have them provide some feedback. That is where they are going with
1.20
PLANNING COMMISSION MEETING, SEPTEMBER 5, 1995 PAGE 21
this. Their intention was to put this in front of the Planning Commission and the City
Council for input on the direction, perhaps change a few things, and then go to a broader
public basis for input.
Mr. Koegler stated the statements in the memo are ones that were drafted based upon
the information gathered at the meetings. This is their first attempt to translate. The
intent is to be a target to be shot at, modified as appropriate, so they can make this part of
what ultimately will become the comprehensive plan.
Mr. Koegler stated they obtained a broad base of concepts and ideas as well as some
specifics and point of views. At this beginning point, it is important that the words they are
putting on paper capture the essence of what they heard. The vision statements whether
it is a corporate vision or something else is one of those flowery statements. This has
some elements to this. They also heard some things that are represented that people
thought they have a unique city for a variety of reasons. There are tremendous strengths
in the community. He tried to extract some of that in how the community evolved,
importance of the neighborhoods, importance of the schools, the fact that the City has a
wealth of opportunity, are some of the kinds of ideas they tried to touch on in this broad
based statement.
Mr. Koegler stated the subsequent pages contain guiding principles which are more
specific. They heard people talk about housing, diversity, employment, environment, etc.
They heard the nature center mentioned over and over again. They have tried to spread
out that fab�ic of the community so that knowledge can be applied to other parts of the
City. The river is another example where people felt this was a hidden resource. Many of
the people who pass through the City have no idea, unless they look at a map or cross a
bridge, that Fridley borders the Mississippi River.
Mr. Koegler stated that as they get comments on these items, they will go back and
modify.
Mr. Kuechle stated he attended the meetings. As you look at the group, the
demographics of those who attended those meetings tended to in his age group and
older. It seems as if there is a problem in trying to involve the younger generation in �,
these things. What ideas did Mr. Koegler have about that?
Mr. Koegler stated that when they got done with the first session and saw the composition
of the group, he would agree that one group demographically was over represented.
They can only do their best effort. They try to get people there and they succeed at
various levels. When they left that night, there was not a younger segment. Ms. Dacy
tried to get younger participants. It is difficult. Overall, the participation level was
outstanding. They had a lot of very good critical thinkers who came to that meeting who
were not afraid to give their views. Regardless of the demographics of the group who
provided the ideas, the ideas were very sound and across the board. Now they are trying
1.21
PLANNING COMMISSION MEETING, SEPTEMBER 5, 1995 PAGE 22
to go one step further and put this out in front of everyone. The attempt is to get this in
front of everyone so they have a chance to provide comment. As far as participation, this
does not end as far as the comprehensive planning process. There will be opportunities
for people to look at things and participate. It would probably come as no surprise to the
Commission that, as people see this, people react to things. That will pull in some
different segments of the community. °
Ms. Modig stated she received a long phone call for a survey that asked a lot of these
questions. She is interested so she was willing to participate. Was that a part of this
process?
Ms. Dacy stated the City did a number of surveys. There was a business survey and a
community survey once every two years. That was one that took place this past fall.
They do have those results and they did share that with Mr. Koegler. The City Council
uses the information from those surveys. The City Council takes that information and
asks the department heads to come up with their goals and objectives with the survey
results in mind.
Ms. Modig stated this information includes that information very well, but in order to
involve the normal citizen it needs to be shorter.
Mr. Koegler stated these were companion efforts. They did see the results of the survey,
and that made them more aware of the issues of the community.
Ms. Savage asked if they would be mailing out the memorandum.
Mr. Koegler stated, no. It is their intention to put together some kind of a flyer or
supplement with a brief explanation of what this is all about - here is what the community
has told us is important, here is the direction we are going, etc. - and ask for some
comment. The vision statement seen here will be in that piece of correspondence.
Ms. Savage asked if they were planning to mail out some things.
Mr. Koegler stated the mechanics of that is yet to be determined. The intent is to saturate
the community. They are aware there are some mailing restrictions with any certain list
they might take.
Mr. Oquist asked how close the City was to sending out the quarterly newsletter.
Ms. Dacy stated the timing of that edition is that they wrote a summary of what happened
at the meeting. The deadline for their articles was the last week in August. They did
include a summary and what to expect.
Ms. Modig asked if the City has a website.
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PLANNING COMMISSION MEETING, SEPTEMBER 5, 1995 PAGE 23
Ms. Dacy stated the website is under construction. It should be online in the next few
months.
Ms. Modig stated, if they have some responses coming in, they could incorporate that into
their address so people can respond via that medium also. They might then have an
opportunity to get comments from the younger generation.
Mr. Sielaff stated he would like to get a sense of what ultimately ends up being a principle
or a guiding principle. Is it just two or three people coming up with the same idea or an
idea coming up several times?
Mr. Koegler stated the statements came out of ideas expressed many times over during
the finro sessions. Ultimately, what goes into these is at the discretion of the Planning
Commission and City Council. These are represented on a broad base coming out of
these sessions. It is also supported by some of the survey information. Ultimately, as
they continue with the comprehensive plan, they will have more opportunities. They will
be putting together plans and concepts that come back to these principles. They heard,
for example, people say they were looking for some kind of commercial focus. They had
some fun with that. How do you bring vitality and commerce to create a place where you
want to go? He thought they would have an opportunity to test some of those thoughts to
see if they are on track. He felt strongly that these come from a body of support.
Mr. Sielaff stated the next step is to go out to the entire community and get their input. Do
they have a plan to determine what comes back from that process? Will that end up
being a principle?
Mr. Koegler stated it is random. They have to wait and see what they get back. They do
not expect a tremendous response rate. A certain portion of the population will take an
interest. They will collect all that and come back. Then the Planning Commission will
have an opportunity to look at it and determine if this makes sense. That becomes a
collective decision. The intent is to represent a consensus.
Ms. Savage asked if there will be another Planning meeting on this to hear the public
response.
Mr. Koegler stated yes. That very likely would be integrated with the opening portions of
the comprehensive planning discussions so they would combine those two agenda items.
Mr. Sielaff stated he did not see the role of the Commission at this point. Once this
information comes back, they would do something at that time when the initial process is
finished.
Ms. Dacy stated the Planning Commission is a advisory commission to the City Council.
Anything on the comprehensive plan will be brought to the Planning Commission's
1.23
PLANNING COMMISSION MEETING, SEPTEMBER 5, 1995 PAGE 24
attention. Mr. Koegier will be going to the City Council meeting on September 14. Staff
wanted to discuss this with the Planning Commission. Also, the more they talk about the
more they get the word out. They wanted to start with the Planning Commission to see if
they are on the right track. For those who attended the vision meeting, is what Mr.
Koegler put together accurate? Did he interpret the comments correctly and/or in a way
in which the Commission feels comfortable?
Ms. Sielaff stated he attended one of the meetings. This is broad enough to incorporate
everything.
Ms. Savage agreed. She did not see anything that was not a part of what was generally
talked about. She thought they had done a good job.
Mr. Koegler stated they would continue to keep the Planning Commission involved as
they continue with this process.
7. RECEIVE THE MINUTES OF THE JUNE 26 1998 EMERGENCY HOUSING &
REDEVELOPMENT AUTHORITY MEETING:
M TI N by Ms. Modig, seconded by Mr. Kondrick, to receive the minutes of the
Emergency Housing & Redevelopment Authority meeting of June 26, 1998.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED
THE MOTION CARRIED UNANIMOUSLY.
8. RECEIVE THE MINUTES OF THE AUGUST 6. 1998. HOUSING &
REDEVE�OPMENT AUTHORITY MEETING:
MOTION by Mr. Kondrick, seconded by Mr. Oquist, to receive the minutes of the Housing
& Redevelopment Authority meeting of August 6, 1998.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED
THE MOTION CARRIED UNANIMOUSLY.
. . � _ � ..� ��
.
� � : � • • ►i
Mr. Sielaff stated these minutes had not yet been approved by the Environmental Quality
& Energy Commission.
MOTION by Mr. Sielaff, seconded by Mr. Kuechle, to receive the minutes of the
Environmental Quality & Energy Commission meeting of August 10, 1998.
1.24
PLANNING COMMISSION MEETING, SEPTEMBER 5, 1995 PAGE 25
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED
THE MOTION CARRIED UNANIMOUSLY.
OTHER BUSINESS:
Mr. Hickok stated provided an update on City Council actions. Upon request, he provided
an update on the status of the Lake Pointe development.
ADJOURNMENT
M TIO by Mr. Kondrick, seconded by Mr. Sielaff, to adjoum the meeting.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED
THE MOTION CARRIED AND THE SEPTEMBER 2, 1998, PLANNING COMMISSION
MEETING ADJOURNED AT 9:35 P.M.
Respectfully submitted,
.�
Lavonn Cooper �
Recording Secretary
1.25
i�
.
r.�: �
TO: WILLIAM W. BURNS, CITY MANAGER�[� �
FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR
ALAN D. FOLIE, ACCOUNTANT
SUBJECT: MODIFICATIONS TO THE 1998 BUDGET
DATE: September 9,1998
Attached you will find a resolution amending appropriations to the 1998 budget in accordance with
the City Charter.
The adjustments listed have arisen as a result of donations, unforeseen expenditures and revenues,
and reclassification of account codings. You have informally approved all adjushnents through the
Budget Reappropriation Form: We request that Council approve the amendment of the attached
budgets. .
RDP/af
Attachment
2.01;
�
RESOLUTION # — 1998
A RESOLUTION AUTHORIZING CHANGES IN
APPROPRIATIONS FOR THE GENERAI, FUND AND THE
CAPITAL IMPROVEMENT FUND THROUGB JULY 31, 1998
WHEREAS, the City of Fridley has involved itself in initiatives
that provide for future charges and modifications that will allow
for a better delivery of service, and
WHEREAS, the City of Fridley had not incorporated these and other
necessary changes into the adopted budget for 1998.
NOW, THEREFORE, BE IT RESOLVED that the General Fund and Capital
Improvement Fund budgets for the following divisions be amended as
follows:
REVENUE ADJUSTMENTS
GRANT - POLICE
GRANT - PQLICE
REIMBURSEMENT - POLICE
DONATION - POLICE
DONATION - POUCE
DONATION - POLICE
DONATION - POLICE
DONATION - POLICE
DONATION - FIRE
DONATION - FIRE
SALE OF FIXED ASSETS - PUBLIC WORKS
TOTAL REVENUE ADJUSTMENTS
GENERAL FUND
4,657
1,000
9,955
500
500
500
1,000
500
5,065
3,658
12,916
$40,251
Anoka-Hennepin Narcotics 8� Violence Crimes Task Force
Anoka County OT Reimbursement-Auto theft
Polk County - 1997 Fiooding Assistance
SAFETY CAMP - Lion's Club
SAFETY CAMP-VFW
SAFETY CAMP - Moose Club
SAFETY CAMP - Target
SAFETY CAMP-VFW
DEFIBRILLATOR-Medtronic Foundation
DEFIBRILLATOR-VFW
SALE OF'82 FORD TRNEH/OFFSET PUR OF STREET
SWEEPER
APPROPRIATION ADJUSTMENTS
PERSONNEL PERSONAL SERVICES (7,927) TEMPORARY EMPLOYEES
SUPPLIES/CHARGES 7,927 TEMPORARY EMPLOYEES
NONDEPARTMENTAL SUPPLIES/CHARGES 2,750 DUES-So. Anoka County Consortium
POLICE PERSONAL SERVICES
PERSONAL SERVICES
SUPPLIES/CHARGES
SUPPLIES/CHARGES
SUPPLIES/CHARGES
SUPPLIES/CHARGES
SUPPLIES/CHARGES
CAPITAL OUTLAY
4,657
1,000
500
500
500
1,000
500
2,800
Anoka-Hennepin Narcotics & Violence Crimes Task Force
Anoka County OT Reimbursement-Auto theft
SAFETY CAMP - Lion's Club
SAFETY CAMP - VFW
SAFETY CAMP - Moose
SAFETY CAMP - Target
SAFETY CAMP - VFW
SHREDDER �
FIRE CAPITAL OUTLAY 5,065 DEFIBRILLATOR-Medtronic Foundation
CAPITAL OUTLAY 3,475 DEFIBRILLATOR-VFW
SUPPLIES/CHARGES 183 DEFIBRILLATOR BALANCE-VFW
2.02
GENERAL FUND (CONTD.)
PUBLIC WORKS CAPITAL OUTLAY 12,916 STREET SWEEPER PURCHASE OVER BUDGET
RESERVE / EMERGENCY OTHER FIN USES (2,750) Dues-So. Anoka County Community Consortium
OTHER FIN USES (2,800) SHREDDER
TOTAL APPROPRIATION ADJUSTMENTS $30,296
CAPITAL PROJECTS FUNDS
CAPITAL IMPROVEMENT FUND
APPROPRIATION ADJUSTMENTS
CAPITAL OUTLAY $8,587 Replacement of Petro Fund Fuel System-From Fund Balance
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
TH DAY OF , 1998.
ATTEST:
DEBRA A. SKOGEN — CITY CLERK
NANCY J. JORGENSON — MAYOR
2.03 '
R$SOLiJTION NO. - 1998
RESOLUTION $XTBNDING R$TIRBM$NT BENEFITS TO CONSOLIDAT$D
PUBLIC EMPLOYRSS RLTIREMENT ASSOCIATION POLIC$ LMPLOYFES
WHEREAS, in 1993 the Fridley Police Pension Association was consolidated
with the Public Employees Retirement Association (P.E.R.A.); and
WHEREAS, in 1997 the Minnesota Legislature adopted pension reform and
uniformity legislation which includes a change increasing the retirement
multiplier for police and fire employees who are active members of the
P.E.R.A. Police and Fire Fund on July 1, 1997, from two point six five
percent (2.65�5) to three percent (3�) per year of service, and
WHEREAS, the legislation includes a change increasing the retirement
multiplier for police and fire employees who are active members of the
consolidated Police and Fire Relief Association on July 1, 1997, to two
point nine percent (2.9�) per year of service, and
WHEREAS, Chapter 353A of the Minnesota State Statutes requires City
Council approval in order for consolidated Police and Fire Relief
Association members to receive the increased multiplier of three percent
( 3 % ) , and
WHEREAS, there are seven (7) employees of the City of Fridley Police
Department who are members of the consolidated Police Relief
Association,
NOW, THEREFORE, BE IT RESOLVED that the City of Fridley hereby approves
the new retirement multiplier of three percent (3�) for all employees of
the City of Fridley Police Department who are members of the
consolidated Police Relief Association, effective September l, 1998.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS _TH
DAY OF , 1998.
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
NANCY J. JORGENSON - MAYOR
3.02 .
L�
� 1 �.
Ci�l� a
TO: WILLIAM W. BURNS, CITY MANAGER �I1''� �
FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR
SUBJECT: LEGISLATION REDUCING THE EARLY RETIItEMENT
PENALTY FOR POLICE EMPLOYEES WHO ARE MEMBERS OF
THE CONSOLIDATED PUBLIC EMPLOYEES RETIREMENT
ASSOCIATION
DATE: July 27, 1998
Attached is a resolution providing for a reduction in the early retirement penalty for police
employees who are members of the consolidated Public Employees Retirement Association
(P.E.R.A.). In 1995 the Minnesota State Legislature passed legislation which reduced the penalty
for members of P.E.R.A. On July 1, 1995, the penalty went from 4% to 2.4% per year for each
year the member is under age 55.
The attached resolution seeks to provide parity between the members of P.E.R.A. and members
of the Police consolidated P.E.R.A. Chapter 353A of the Minnesota State Statutes provides local
enabling legislation which allows a city council to approve the reduction in the early retirement
factor.
Currently there are 7 members of the Police Department whom this would af%ct.
RDP/me
Attachment
4.01
,`
R$SOLUTION NO. - 1998
RESOLLTTION APPROVING THE IIS$ OF THB PUBLIC EMPLOYEES
RSTIREMENT ASSOCIATION (P.$.R.A.) EARLY R$TIREMENT FACTORS AS
RSTIREM$NT FACTORS FOR THF3 Mffi��FRS OF THF3 CONSOLIDATSD POLICE
P.E.R.A.
WHEREAS, in 1993 the Fridley Police Pension Association was consolidated
with the Public Employees Retirement Association (P.E.R.A.); and
WHEREAS, in 1995 the Minnesota Legislature adopted pension reform and
uniformity legislation which includes a change reducing the penalty for
early retirement for P.E.R.A. police members, and
WHEREAS, Chapter 353A of the Minnesota State Statutes requires City
Council approval to apply the new retirement factors for consolidated
P.E.R.A. members,
NOW, THEREFORE, BE IT RESOLVED that the City of Fridley hereby approves
the new retirement factors for all members of the consolidated Police
Relief Association.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS TH
DAY OF , 1998.
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
NANCY J. JORGENSON - MAYOR
4.02
�pF F
:�::�����
� . �
PUBLIC WORKS
MEMORANDUM
TO: Bill Burns, City Manager �
�
FROM: John F1ora,�Director of Public Works
Paul Lawrence, Superintendent of Public Works
DATE: September 10, 1998
SUBJECT: Sylvan Pump Station Upgrade
On August 21, 1998, the City advertised for sealed bids for the purchase of a package sewer
pumping station. On September 9, 1998, the City received one bid from General Repair Inc.,
Vadnais Heights, in the amount of $30,420. The unit bid by General Repair Inc. is a Gorman-
Rupp package unit that is identical to the units installed at the Innsbruck and Riverview sewer
pumping stations. The City has budgeted $50,000 for the purchase and installation of the Sylvan
Pump Station. The City has installed the last two sewer pump station upgrades using City
personnel, for less than $10,000, bringing the total upgrade cost in under budget. I recommend
that the City accept General Repair Inc.'s bid in the amount of $30,420 including sales tax.
The Capital Budget also includes an additional $10,000 to connect the Sylvan Pump Station to
the City's SCADA system. This work will be done under a different contract.
5.01
-n
CITY OF FRIDLEY
DEPARTMENT OF PUBLIC WORKS
BID FORM �
PACKAGE SUBMERSIBLE PUIVIP STATION
September 9, 1998
Bid price including sales tax �
F.O.B. 400 - 71 st Ave. NE, Fridley MN
One package submersible pump station
as per detailed specifications:
. _, .
$•30,420.00
Estimated delivery date: -4 weeks for Submittal Data
� -8 Week for Equipment after receipt of Approved
Submittal Data
Company Name
Address
Telephone Number
General Repair Service
3535 International Dr.
Vadnais Heights, Mn. 55110
(651) 766-0874
Printed Name Dan Johnson
.Sl�i:c°.fL:•: P s.�— _
5.02
Focus l�fe�ws
AFFI�AVIT OF PUBLICATION
STATE OF MINNESOTA)
ss.
COUNTY OF ANOKA)
. �t.. -
Richard Robert�, being duly swom on an oath thet he is the publishe� or
authorized agent and empbyee of the publisher of the newspape� known as
Focus News. and has full knowledge of the facts which a�e stated bebw.
(A) The newspaper has oomplied with atl of the �equi�emeMs constituting queifi-
caCwn as a qualified newspaper� as provided by Minnesota Statute 331A.02. �
331A.07 and other applicable laws� as amended. :�. � •
(B) The printed LQ�iCi�( Publ'ication) C�y of Fridiey - �
- i�OtIG9 t0 BIf�A�S - S@W94A S��hmarcihlo P�imnin� Cf�finn'��,i
which is attached, was cut from the columns of said newspaper, and was
printed and published once each week, for _,� successive weeks; it was first
published on j� the _],�_ day of ��, 1998, and was thereaRer print-
ed and published on every Thu_rsdav to and including the ��day of
August, 1998; and printed below is a copy of the lower case alphabet from
A to Z, both inclusive, which is hereby acknowledged as being the size and kind
of type use�in the composition and publication of the notice:
1:��
�
Title: Publisher
m
Acknowledged before me on this
� day of Auaust, 1 ggg,
� t� .
COt,t�TTE pp�s
'i;-• te MU T�ortYf1lssloll �i1�GSOi�pA
,�..� + s.:� • ' , =• �) /
. _ • •
RATE INFORMATION
(1) Lowest classified rate paid by commercial users $ 1.80 �er line
for comparable space
(2) Maximum rate allowed by law fo� the above matter $ 1.80 �er line
{3) Rate actually charg�r the above matter $.� 5 03 �
: : : �,;
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��►.►otne�.Ftoe�P6: . - �,::_�; :",.:::.` .
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�. t l:L � i . ' . • '..
..�.. ..
�
CAPITAL IMPROVEMENT PROGRAM
PROJECT AREA
'P'ROJEC7
SEWER
� � l� R' 1998
RELINE & REPAIR 1100 FEET OF
CORRUGATED SEWER ON 67TH AVE
FROM 7TH ST TO MADISON SEWER FUND
REBUII.,D SYLVAN LIFT STA SEWER FUND
SCADA UPGRADE TO SYLVAN LIFT STA SEWER FUND
TOTAL
Y���'`' 1999
RELINE OR REPAIIt 555 FEET OF (CMP)
SATTITARY SEWER LINE - MADISON
FROM 67TH STREET TO 68TH SEWER FUND
RELINE SAN LINE ON HACKMAN EASEMENT SEWER FUND
300 FT SOUTH TO OLD CENTRAL
**REPLACE SEWER LINE-RIVERVIEW TERR SEWER FUND
SCADA UPGRADE - 64TH & OLD
CENTRAL LIFT STATION SEWER FUND
�f��: ii
2000
RELINE OR REPAIR 1500 FEET (CMP)
SATTITARY SEWER LINE ON 68TH AVE
FROM MONROE TO HWY 65
SCADA UPGRADE - 52ND LIFT STATION
* NEW PROJECTS
** RELOCATED PROJECTS
TOTAL
SEWER FUND
SEWER FUND
TOTAL
5.04
July 7, 1998
75,000.00
50,000.00 ,
12.000.00
137 000.00
50,000.00
90,000.00
75,000.00
20.000.00
$265.000.00
90,000.00
20,000.00
$11�
�
�
CffY OF
FRIDLEY
MEMORANDUM
TO: The Honorable Mayor and City Council
FROM: William W. Burns, City Manager �•�Y
DATE:
SUBJECT:
September 11, 1998
Agreement for Legal Services
William W. Burns
City Manager
The attached contract is very similar to the contract passed in 1996, when we initially employed
Fritz Knaak as the City Attorney. Dates have been changed to reflect a new three-yeaz contract
commencing January 1, 1999, and ending December 31, 2001. The agreed-upon monthly fee has
been raised from $4,250 to $5,000 per month. Under the agreement, payment of expenses will
remain the same. The other provisions of the agreement remain unchanged.
Staff recommends Council's approval of this agreement.
WWB:rsc
6.01 '
'
AGREEMENT FOR LEGAL SERVICES
BETWEEN THE CITY OF FRIDLEYAND
HOLSTAD & KNAAK, P.L.C.
WHEREAS, the City of Fridley ("City"), a public body corporate and politic operating as a
home rule charter city under the laws of the State of Minnesota and located within the County of
Anoka, desires to have certain attorney services provided; and
WHEREAS, the council of the City selected the law firm of Holstad & Knaak, P.L.C. in
conjunction with Frederic W. Knaak, Esq., ("Attorney") to serve as city attorney and has
authorized a contract between the City and the Attorney;
Now, therefore, it is hereby agreed that this document by and between the City and the Attorney,
shall be a binding obligation on behalf of all parties named.
I. Term.
This agreement shall be effective January 1, 1999. It shall be valid through December 31, 2001,
inclusive. It shall, however, be severable as provided in Section X.
II. Scope of Legal Services.
The following services shall be provided to the City by the Attorney as a matter of right under
the terms of this agreement:
a. Attendance at all regularly scheduled City Council meetings, and upon request by.the
City Council, attendance at all special meetings of the City Council or of any board,
commission, or committee established by the City Council. In addition, the Attorney
shall meet with the Manager, Mayor, City Council, or other city official or employee
as required.
b. Drafting and reviewing local ordinances, charter amendments, and resolutions as
requested by the City. Assisting with the codifying of ordinances and maintaining a
current City Code or book of ordinances.
c. Drafting correspondence on behalf oithe City as requested.
d. Answering by telephone questions of City officials and staff.
e. Meeting with and advising the Mayor, City Council, City Manager, department
managers, Planning Commission, and other design�ted groups or individuals, on
general legal matters.
6.02
f. Providing up to five hours per month of basic legal support services and up to five
hours per month of court time to the Fridley Housing and Redevelopment Authority
(" HRA"), including attendance at meetings of the HRA upon request. Additional
services to the HRA shall be provided as outlined in a separate contract fbr legal
services between the Attorney and the Fridley HR.A.
g. Reviewing municipal contracts, joint powers agreements, and other legal documents
as requested.
h. Representing the City in condemnation and eminent domain proceedings.
i. Representing the City in the acquisition or sale of public property, and the drafting and
assigning of deeds, easements, and other real-estate or land-use documents.
j. Researching and submitting legal opinions and interpretations on municipal or other
related legal matters as required, including such topics as PELRA, employment law,
and veterans' preference issues.
k. Briefing City on proposed or newly adopted statutes, rules or regulations, as well as
any court decisions, agency rulings, or other official ruling or opinions, that could
have an effect on the City or the way it conducts business, and recommending the
appropriate amendments to ordinances, policies, or other actions of the City in order
to comply with these change in law.
1. Defending the City in all litigation, except in those cases where insurance companies
are required to provide defense or where the City chooses to hire specialized legal
talent.
m. Representing the City in workers' compensation proceedings.
n. Reviewing bond and insurance requirements required by or for City contracts or
activities.
o. Preparing reports on the status of City litigation and other legal matters, at the request
of the City Manager.
p. Reviewing documents submitted by bond counsel involving the issuance of debt or
debt related instruments and providing opinions as required.
q. Assisting the City in the enforcement of City ordinances, including the prosecution of
cases arising out of the City's zoning, housing, rental housing, and building codes.
r. Meeting with the City Manager on a regular basis, not less than quarterly, to review
all litigation and other pending legal matters of the City, and provide a written report
of such litigation or other legal matters.
2
6.03
III. Fees.
The City shall compensate the Attorney at the rate of Five Thousand and 00/100 Dollars ($5,000)
per month for all legal services provided in this agreement. In addition to this monthly fee, the
City shall pay the Attorney at the rate of Seventy-Five and 00/100 Dollars ($75.00) per hour for
each hour after the first ten hours in any one month for any litigation on a case where the time
spent on that individual case exceeds ten hours in the montli.
Paralegal time spent on litigation billed at the hourly rate shall be billed to the City at the rate of
Fifty and 00/100 Dollars ($50.00) per hour. For the purpose of billing, all zoning, housing,
rental housing, and building code prosecutions conducted in any one month shall be counted as
one case for the purpose of determining the ten-hour cap.
Matters involving the HRA shall be billed according to the contract between the Attorney and the
HRA except that court time shall not be billed unless the time in court spent on HRA issues
exceeds five hours per month. Time spent with the HRA shall not be counted against the ten
hours of general litigation provided for under this agreement.
The flat monthly rate shall include the charges for long distance telephone calls up to Twenty-
Five and 00/100 ($25.00) per month, photocopying up to five hundred (500) pages per month,
and up to thirty (30) minutes of search time on Westlaw. Beyond these limits, billings shall be at
actual cost for long distance telephone calls, twenty-five cents ($0.25) per page for
photocopying, and Eight and 00/100 Dollars ($8.00) per minute for Westlaw searches. All other
costs such as filing fees, court costs, witness expenses, and fa�ces shall be billed to the City at
actual cost.
Hourly billings for time shall be rounded to the nearest 1/10 of an hour (six minutes).
The Attorney shall submit a bill to the City on a monthly basis. This bill shall detail all time
spent working on behalf of the City with litigation time being separated from other general
matters. All charges made in addition to the established monthly charge shall be clearly
documented. The precise format of the billing statement shall be agreed to by the City and the
Attorney.
IV. Responsible Attorney and Staff.
Frederick W. ("Fritz") Knaak shall be the primary attorney for the City. Mr. Knaak shall be
responsible for the performance of this agreement, although he may be assisted by other
attorneys or support staff in the firm. Mr. Knaak shall supervise all work performed on behalf of
the City.
c
6.04
V. Conflicts of Interest.
The Attorney shall not accept any client or project which would knowingly place it in a conflict
of interest with the services to be provided to the City under this agreement. If a conflict of
interest should develop, the Attorney shall be responsible for taking the necessary steps to
comport its representation of the City with the Lawyers Code of Professional Responsibility.
The Attorney shall be responsible for any additional costs incurred by the City in obtaining
additional legal representation if such representation becomes necessary due to a conflict of
interest.
VI. Assignment of Services and Agreement.
The Attorney shall not assign any interest or obligation of this Agreement without the prior
written consent of the City; provided, however, that it is agreed that if Frederic W. ("Fritz")
Knaak shall cease to be associated with the law firm of Holstad & Knaak, P.L.C., the City may
assign this agreement directly to Frederick W. ("Fritz") Knaak.
VII. Affirmative Action.
Because the City requires and follows a policy of Affirmative Action and will not tolerate
discriminatory acts, the Attorney shall not discriminate against any person on tlie basis of age,
sex, religious beliefs, political affiliations, or other protected classifications under federal, state,
or local laws or regulations.
VIII. Work Product.
All ordinances, resolutions, correspondences, and other documents or materials drafted for the
City by the Attorney shall, upon their completion, become the property of the City.
IX. Insurance and Indemnification.
Attorney agrees to maintain a valid policy of Professional Liability Insurance for the duration of
this agreement. The value of the policy shall not be less than the cap for municipal tort liability
as established by Minnesota Statutes.
Attorney further agrees to defend, indemnify, and hold harmless the City, its agents and,
employees, against all causes of actions against the City or any of its agents or employees that
arise from or as a result of the Attorney's actions or advice under the terms of this agreement.
4
6.05
X. Severabilitv.
The City or Attorney may sever the terms of this agreement upon sixty days written notice.
Failure by the City or the Attorney to comply with any of the terms of this agreement shall be
grounds for terminating this agreement, as shall be the City's dissatisfaction with the Attorney's
performance under the agreement. Upon termination of this agreement, the City shall only be
responsible for the monthly fee and any additional billings accrued as of the date of termination.
Further, the City expressly reserves its right to hire independent counsel on matters it determines
requires an attorney with more experience or expertise in a particular field. In such a situation,
the City shall remain responsible to the Attorney for the monthly fee provided under this
agreement along with any billings not related to the matter for which special counsel was
retained. The City shall only be responsible to the Attorney for extra expenses in relation to the
matter for which special counsel is retained if the City names the Attorney as co-counsel in the
matter or otherwise requests the Attorney's participation.
XI. Acceptance.
The terms of this agreement are hereby accepted and made binding upon and between the City of
Fridley and the law firm of Holstad & Knaak, P.L.C. in conjunction with Frederic W. Knaak.
On behalf of the City of Fridley:
By:
Nancy J. Jorgenson
Mayor
:
William W. Burns
City Manager
Date:
On behalf of Holstad & Knaak, P.L.C.,
in conjunction with Frederic W. Knaak;
:
Frederic W. Knaak
Date:
s.os
�
L
CfiY OF
FRIDLEY
Name
Kyle
Birkholz
Position
Liquor
Store
Manager
Exempt
' ��� �� ►/� \_
September 14, 1998
Starting
Salarv
$37,166.40
per year
7.01.
_ �,
Starting
pate
Sept 15,
1998
Replaces
LaVon
Regnier
�
�
CffY OF
FRIDLEY
CLAIMS
SEPTEMBER 14, 1998
CLAIMS
82542 - 82879
8.01
�
�
C�I'Y OF
FRIDLEY
�pe of License
AUCTIONEER'S LICENSE
Totino-Grace High School
1350 Gardena Avenue
Fridley, MN 55432
CHRISTMAS TREE SALES
Menard's
5351 Central Avenue NE
Fridley, MN 55432
LICENSES
SEPTEMBER 14, 1998
�
Greg Christian
Scott McKenzie
LAWFUL GAMBLING PERMIT
Totino-Grace Parents Organization Greg Balego
1350 Gazdena
Fridley, MN 55432
MOTOR VEHICLE BODY REPAIR
Maaco Auto Parts, Inc. John A. Wuchko
148 Osborne Road
Fridley, MN 55432
9.01 '
_---
Approved BV:
Police Dept.
Fees•
Request
Exempt.
Police Dept.; Fire Dept.; $200.00
Community Development;
Building Inspection
Police Dept.; Fire Dept.; $ 25.00
Police Dept.; Fire Dept.; $200.00
Community Development
Building Inspection
�
� LICENSES
CIIY OF
fRIDLEY
ELECTRICAL
Superior Heating & Electric
2132 2 Ave N
Anoka MN 55303 Mark Johnson
GAS SERVICES
Augies Heating Cooling & Services
6682 Gretchen Ct N
Oakdale MN 55128 August Kiekhoefer
Statewide Home Supply & Service Inc
14615 Radissen Rd NE
Anoka MN 55304-6331 Hal Weber
Superior Heating & Electric
21322AveN
Anoka MN 55303 Mark Johnson
GENERAL CONTRACTOR-COMMERCIAL
Advance Aluminum Supply Inc
7701 Main St NE
Fridley MN 55432 Jim Myers
Arbuckle Construction Inc
7808 W 99 St
Bloomington MN 55438 Jim Arbuckle
Flatroof Solutions Inc
4529 42 Ave S
Minneapolis MN 55406 Brian Payton
Oakwood Builders
12901 Pioneer Trail
Eden Prairie MN 55347 Jim Rooney
Suburban Design
13418 Crooked Lake Blvd
Andover MN 55403 Joe Damiano
9.02 �
STATE OF MINN
RON NLKOWSKI
Building Official
Same
Same -
RON JULKOWSKI
Building Official
Same
Same
Same
Same
GENERAL CONTRACTOR-RESIDENTIAL
Added Value Exteriors (20098419)
#7 Signal Hills Mall
West St Paul MN 55118 Tim Holden
Advanced Home Improvements ( )
1701 78 Ave N
Brooklyn Park MN 554
Affordable Custom Homes Inc (20055319)
680 63 Ave NE
Fridley MN 55432
America Building Contrs Inc (20141480)
12233 Nicollet Ave S
Burnsville MN 55337
Builders & Remodelers (1100)
3517 Hennepin Ave S
Minneapolis MN 55408
Century Roofing (20093168)
6336 Lyndale Ave S
Richfield MN 55423
Jeff Tator
Robert Powers
Brian Fischer
Ken Bressler
Jennifer Mendel
Cross Replacement Windows & Siding (PENDING)
500 E Travelers Trl #500
Burnsville MN 55337 Steve Garrison
Eastman & Thieschafer ( )
14721 Germanium
Ramsey MN 55303
First Choice Exteriors (4266)
2405 Annapolis Ln N STE 240
Plymouth MN 55441
First Landmark Builders (1992)
611 Snelling Ave S
St Paul MN 55116
Hamrick Geo Construction (6267)
840 Arbogast St
Shoreview MN 55126
Richard Eastman
N Dingman
Eugene Markowski
George Hamrick
9.03 ,
STATE OF MINN
Same
Same
Same
Same
Same
Same
Same
Same �
Same
Same
Huber Construction (20102687)
PO Box 403
St Michael MN 55376
Johnsen M P Construction (20146064)
8011 60 Ave N
New Hope MN 55428
Kothrade Paul Construction (20100485)
1541 Xerxes Ave N
Golden Valley MN 55411
Landa Construction (8013)
2108 S Ham Lake Dr
Ham Lake MN 55304
Mattson William Construction (3354)
11274 198 Ave NW
Elk River MN 55330
Millworks Construction (20062275)
2725 Nathan Ln
Plymouth MN 55441
Olsen Construction (20093663)
3110 167 Ln NW '
Andover Mn 55304
Rod's Construction Inc (2422)
11136 Woodhill Lane
Blaine MN 55449
Schuett Builders Inc (6074)
8431 Terrace Rd
Spring Lake Park MN 55432
Sussel Corporation (1934)
1852 Como Ave
St Paul MN 55108
Tacheny Roofmg Inc (20035406)
49 S Owasso Blvd
Little Canada MN
Grant Marquette
Mitchell Johnsen
Paul Kothrade
Harris Jones
Bill Mattson
Charles Miller
Melvin Olsen
Rod Tauer
Don Schuett
Bob Schwab
Peter Tacheny
9.04 'i,
_ ;
Same
Same
Same
Same
Same
Same
Same
Same
Same
Same
Same
�
Tam's Inc (9338)
1160 Fireside Dr
Fridley MN 55432
Timmer's Construction (3033)
2600 Bailey Ct
Newport MN 55055
Tranby D M Siding (3889)
9131 178 Ave Nw
Ramsey MN 55303
HEATING
Augie's Heating Cooling & Service
6682 Gretchen Ct N
Oakdale MN 55128
Superior Heating & Electric
2132 2 Ave N
Anoka MN 55303
MASONRY
Plochocki Construction
22537 E Bethel Blvd
Cedar MN 55011
MOBILE HOME INSTALLER
Statewide Home Supply & Service Inc
14615 Radisson Rd
Anoka MN 55304
PLUMBING
ARE Plumbing
6139 172 Ln
Ramsey MN 55303
Galaxy Mechanical Inc
7317 Lake Dr
Lino Lakes MN 55014
Gateway Mechanical
742 Beaver Trl
Lino Lakes MN 55014
Oliver Tam
Ernie Timmers
David Tranby
August Kiekhoefer
Mark Johnson
Bruce Plochocki
Hal Weber
Michael Muske
Same
Same
Same
RON NLKOWSKI
Building Official
Same
RON JULKOWSKI
Building Official
STATE OF MINN
STATE OF MINN
Warren Zimmerman Same
Gene Beijer
9.05
Same
�
�
CffY OF
FRIDLEY
Frederic W. Knaak, Esq.
Holstad and Knaak, P.L.C.
3535 Vadnais Center Drive
St. Paul, MN 55110
ESTI MATES
SEPTEMBER 14, 1998
Services Rendered as City Attorney
for the Month of August, 1998 ........................................................... $ 4,250.00
Park Construction Company
7900 Beech Street N.E.
Fridley, MN 55432-1795
Rice Creek Bank Stabilization
Project No. 309
FINAL ESTIMATE : ............................................................................. $ 4,417.18
Struck & Irwin Paving Co.
812 Williamson Street
Madison, WI 53703
1998 Street Improvement Project (Slurry)
Project No. ST. 1998 - 11
FINAL ESTIMATE : ............................................................................. $ 16,039.40
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
FINAL ESTIMATE : ............................................................................. $ 16,163.65
10.01
�
�
Cf1Y OF
FRIDLEY
Forest Lake Contracting
14777 Lake Drive
Forest Lake, MN 55025
ESTI MATES
SEPTEMBER 14, 1998
57`h Avenue (CR 102) Reconstruction
Project No. ST. 1997 - 4
EstimateNo. 3 .................................................................................. $ 215,545.64
Ron Kassa Construction
7438 Upton
Richfield, MN 55423
1998 Miscellaneous Concrete Curb and
Gutter and Sidewalk
Project No. 315
EstimateNo. 5 ................................................................................... $ 5,825.21
10.02 i
CITY OF fRIDLEY
PIIBLIC WORKS DEPARTMENT
ENGWEERING DIViS[ON
6431 llniversity Avenue N.E.
Fridley, Minnesota 55432
September 14, 1998
Honorable Mayor and City Council
City of Fridtey
c/o William W. Burns, 4ity Manager
6431 llniversity Avenue N.E.
Eridley, MN 55432
Council Members:
CERTIFlCATE OF THE ENGINEER
We hereby submit the final Estimate for Rice Creek Bank Stabilization Project No. 309,
for Park Construction Company, 7900 Beech Street NE, Fridley MN 55432.
We have viewed the work under contract for the construction of Rice Creek Bank
Stabilization Project and find that the same is substantially complete in accordance
with the contract documents. [ recommend that final payment be made upon
acceptance of the work by your Honorable Body and that the one year contractuai�
maintenance bond commence on September 1 i, 1998.
Respectfully submitted.
� -�—
John G. Flora
Director of Public Works
)T:cz
Prepared b • �
i
Checked by: _
10.03 '
September 14, 1998
To: Public Works Director
City of Fridley
REPORT ON FINAL 1NSPECTION FOR
C[TY OF FRIDLEY
RICE CREE,K BANK STABILIZATION PROJECT NO. 309
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 feels 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 FINAL
ESTIMATE for the contractor and the one-year maintenance bond, starting from the
day of the finat inspection that being September 11. 1998. .
on T pson, Construction Inspector
P e o;z�- c�•c.
Contr tor Representative, (Title)
10.04
September 14, 1998
City of Fridley
RICE CREEK BANK STABILIZATION PRO)ECT NO. 309
CERTIFICATE OF 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 plans and specifications heretofore approved. The final contract
cost is $238,784.00 and the final payment of 54,417.19 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.
PARK. CONSTRIiCTION COMPANY
���
Robert ll men, Project Coordinator
10.05 I
September 14, 1998
City of Fridley
RICE CREEK BANK STABILIZATION PROJECT NO. 309
PREVAILING WAGE VERIFiCATION
This is to certify that Park Construction Company has abided by the Prevailing Wage
Provisions as specified by the Minnesota Department of Labor and Industry for Anoka
County.
I deciare under the penalties of perjury that this statement is Just and correct.
PARK CONSTRIICTION COMPANY
Robert � lmen, Project Coordinator
1o.os
FROM: City of Fridley
Engineering Oivision
T0: Honorable Mayor and Ciry Counal
City of Fridley
6431 University Ave, NE
Fridley, MN 55432
Dated: September 11,1998
CITY OF FRIDLEY
PUBLIC WORKS DEPARTMENT
6431 UNIVERSt'fY AVENUE N.E.
FRIDLEY, MINNESOTA 55432
RICE CREEK BANK STABILIZATION
PROJECT N0. 309
Job Code: 603-6000�15-4530-6044
STATEMENT OF WORK
EsGmate No. FINAL
Periad Ending: September 14,1998
For: Park Construction Co.
7900 Beech St NE
Minneapolis MN 55432-1795
::>��' ���� :>:
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;:.;:.;:.>:;:;;:::;::.:;:.:;:.:.:;.::;.;: ... ....................... . ...f,�t....... .:... .;:::: � :»:: :;»::<:::::«:::: : ::>::::;:::::<:::::: »::;>::: . .:.�: .:.:.:..>`:: >::>::::': ::.;�.>::.::��;:::::::::>�:::: ;;:::::>:::::�.`�`' ........ .:<:::>::<;:<>A.::.;::<.;:.:.::::. .....
,:;::.;:<.;:.;:,:.;:,;;�:::::::: :........................................................... .................�... .. :i#� ... ............ �........... ...... �s�r�..... .......:��te........ ............�........ .............. �� ...,,.....
Mobilization 1.0 LS 15,000.00 0.00 0.00 1.00 15,000.00
Common excavation and embankment
to be taken from aeek banks & channel 3000.0 CY 9.00 0.00 0.00 3,000.00 27,000.00
Common Borrow 50.0 CY 13.45 0.00 0.00
Clearing 2.0 Acre 1,000.00 0.00 0.00 2.00 2,000.00
Grubbing 2.0 Aae 1,000.00 0.00 0.00 2.00 2,000.00
Sod, type lawn with 4-in. topsoil 2000.0 SY 2.65 0.00 0.00
Seeding with rye only 0.4 Aae 2,300.00 0.00 0.00
Seeding 2.0 Acxe 1,650.00 0.00 0.00 1.00 1,650.00
Seed'mixture 600 170A LB 4.00 0.00 0.00 85.00 340.00
Mulch material type 1 4.0 To� 120.00 0.00 0.00 2.00 240.00
Disc anchoring 2.0 Acre 100.00 0.00 0.00 1.00 100.00
Commercial fe�ilizer analysis 10-10-10 1400.0 LB 0.25 0.00 0.00 700.00 175.00
Temporary erosion, sediment & water control 1.0 lS 1,200.00 0.00 0.00
Topsoil borrow 2000.0 CY 11.00 0.00 0.00 150.00 1,650.00
Silt fence-installation, maintenance and removal 3000.0 LF 1.50 0.00 0.00 1,000.00 1,500.00
Hay bales 20.0 Each 10.00 0.00 0.00
Random rip-rap, dass V k 1600.0 CY 57.00 0.00 0.00 1,838.00 104,766.00
Grouted rip-rap . 30.0 CY 77.00 0.00 0.00
Geotextile filter fabric, type IV 6200.0 SY 1.50 0.00 0.00 4,800.00 7,200.00
3/4 in. clean round aggregate base 100.0 CY 83.00 0.00 0.00 100.00 8,300.00
15-in. RCP flared end section 2.0 Each 615.00 0.00 0.00 2.00 1,230.00
15-in. Reinforced Concrete Pipe 10.0 LF 78.00 0.00 0.00 16.00 1,248.00
Tamaradc sprouts 72.0 Each 25.00 22.00 550.00 22.00 550.00
Swamp Birch sprouts 72.0 Each 25.00 20.00 500.00 20.00 500.00
Silky Dogwood 72.0 Each 25.00 20.00 500.00 20.00 500.00
Common Elderberry 72.0 Each 25.00 20.00 500.00 20.00 500.00
Mod recycled rubber unit retaining wall 4300.0 SY 38.00 0.00 . 0.00
Mod block retaining wall Altemate No.1 4300.0 SY 29.50 0.00 0.00
Gabions Altemate No. 2' 430.0 CY 137.00 0.00 0.00 455.00 62,335.00
0.00 0.00
SUBTOTAL $2,050.00
TOTAL
' Aa Invoiced • 511,981.30 pald on aite 10.�7 .
:238,784.00
Park ConsUuction
Rice Creek Bank Stabiliza6on Project No. 309
Estimate No. FINAL
SUMMARY:
Original ConUact Amount
ConUact additions:
ConUactdeductions:
Revised contract amount
Value Completed To Date
Amount Retained (O�o)
Less Amount Paid Previously
AMOUNT DUE THIS ESTIMATE
CERTIFICATE OF THE CONTRACTOR
$265,032.50
265,032.50
238,784.00
0.00
234,366.81
Sd,417.18
I hereby certify that the wo�c perfortned and the materials supplied to date under the tertns of the conUact
for this project, and all authorized changes thereto, have an actual value under the contract of the amounts
shown on this estimate (and the final quantities on the final estimate are correct), and that this estimate is just
and coRect and no part of the'Amount Due This Estimate' has been received.
By � t'10 � c�c � —�
ConUactors thorized Representative (TiUe)
CERTIFICATE OF THE ENGINEER
I hereby certify that I have prepared or examined this estimate, and that the contractor is entitled to payment
of this estimate under the conUact for reference project.
CITY OF FRIDLEY, INSPECTOR
By
Checked By
10.08
Date ` "��
Respectfuully Submitted,
��
John G. Flora, P.E.
Public Wo�CS Director
Page 2
CITY OF FRIDLEY
Pl1BLIC WORKS DEPARTMENT
ENGWEERING DIVISION
6431 llniversity Avenue N.E.
Fridley, Minnesota 55432
September 14, 1998
Honorable Mayor and City Council
City of Fridley
c/o William W. Burns, City Manager
6431 University Avenue N.E.
Fridley, MN 55432
Council Members:
CERTIFICATE OF THE ENGINEER
We hereby submit the final Estimate for 1998 Street Improvement Project (Slurry)
Project No. ST ] 998 - 1 1, for Struck 8. [rwin Paving Company, 812 Williamson Street,
Madison W[ 53703.
We have viewed the work under contract for the construction of 1998 Street
Improvement �Project (Slurry) and find that the same is substantially complete in
accordance with the contract documents. [ recommend that final payment be made
upon acceptance oE the work by your Honorable Body and that the one year
contractual maintenance bond commence on September 1 1, 1998.
Respectfully submitted,
.�°�
n G. Flora
Director of Public Works
jT:cz
Prepared t
Checked t
10.09
September 14, 1998
City of Fridley
STREET lMPROVEMENT (SLl1RRY) PROJE7 NO. ST. 1998 - 1 1
CER?IFICATE OF CONTRACTOR
This is to certify that items of the work shown in the statement of work certiFed herein
have been actually Eurnished and done for the above-mentioned projects in
accordance with the plans and specifications heretofore approved. The �nat contract
cost is S 16,039.40 and the Final payment of $16,039.40 for the improvement project
would cover in full, the contractor's claims against the City for alt labor, materials and
other work down by the contractor under this project.
1 declare under the penalties of perjury that this statement is just and correct.
STRIICK 8. IRWIN PAVING COMPANY
, `�`
David Nelson, Project Supervisor
10.10
.
September 14, 1998
To: Public Works Director
City of Fridley
REPORT ON F1NAL INSPECT[ON FOR
C(tY Of FRlDLEY
STREET IMPROVEMENT (SLLIRRIn PROJECT NO. ST. l 998 - l 1
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 feels 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 September 1 1. � 998.
�
on Thompson, Construction Inspector
� �/l� �� .
Contractor Representative, (Title)
10.11
September 14, 1998
City of Fridley
S7'REET 1MPROVEMENT (SLIIRRY) PROJECI' NO. 5T. 1998 - 1 1
PREVAILiNG WAGE VERIFICA'iION
This is to certify that Struck 8. Irwin Paving Company has abided by the Prevailing
Wage 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.
STRIICK 8. IRWIN PAVING COMPANY
�l� �
David Nelson, Project Supervisor
10.12 .
..
CITY OF FRIDLEY
PUBLIC WORKS DEPARTMENT
6431 UNIVERSITY AVENUE N.E.
FRIDLEY, MINNESOTA 55432
FROM: City of Fridley
Engi�eering Division
Estimate No. (FINAL)
Period Ending: September 14, 1998
TO: Honorable Mayor and City Council For: Struck & Irwin Paving Company
City of Fridley 812 Williamson Street
6431 University Ave, NE Madison WI 53703
Fridley, MN 55432
Dated: September 1 1, 1998
1998 STREET IMPROVEMENT PROJECT (SLURRY)
PROJECT NO. 1998 - 11
Job Code: 557-0000-415-4530-9808
STATEMENT OF WORK
Slurry Seal (Type II)
SUBTOTAL
TOTAL
SUMMARY:
Original Contract Amount
Contract additions:
Co�tract deductions:
Revised contract amount
Value Completed To Date
Amount Retained (0%)
Less Amount Paid Previously
AMOUNT DUE THIS ESTIMATE
CERTIFICATE OF THE CONTRACTOR
12,935 �M
1,24 � 12,935.00 � 16,039.40 � 12,935.00 � 16,039.40
S 16,083.60
16,083.60
16,039.40
0.00
816,039.40
S1
I hereby certify that the work performed and the materials supplied to date under the terms of the contract
for this project, and all authorized changes thereto, have an actual value under the contract of the amounts
shown on this estimate (and the final quantities on the final estimate are correctl, and that this estimate is just
and c rrect an no part of the "Am unt Due This Estimate" has been received.
gy � !/l� - •
Contractor's Authorized Representative (Title)
CERTIFICATE OF THE ENGINEER
I hereby certify that I have prepared or examined this estimate, and that the contractor is entitled to payment
of this estimate under the contract for reference project.
CITY OF FRIDLEY, INSPECTOR
BY �Ll
Checked By �--
10.13
Date �'�C�
pectfully Submitted,
John G. Flora, P.E.
Public Works Director
S 16,039.40
,
.
Owner: City of Fridley, Minnesota
Location: Fridley, Minnesota
e.,.,�:.•�+s.,., for Pavment
(Lump Sum Contract)
No. �Final )
Owne�'s Project No.
Engineer's Project No.
Contractor: M. C. Magney Construction, Inc. Contract Date:
� 19245 Highway 7
P. O. Box 249 Contract Amou�t:
Excelsior, MN 55331
City Account No.:
Contract for: Wellhouse No. l and Water Booster Station
Application date Ju 1 2 0 1 9 9 8
For Period Ending Ju 1 y 2 0, 1 9 9 8
; � � , � � � � ' _ u • t
�
A-FRIDL9702.01
August 25, 1997
$31 b,300.00
601-6000-415-4530-5206
SPEC. D�CRIprION SCHEDULED PERCENT �D�T
SECTION VALUE COMPLETE EARNED
00800 Bonding and Insurance $ 8.2�•00 1 0 0 $ 8. 2 0 0. 0 0
01000 Mobilization and Gcs $ 26,900.00 10 0 $ 2 6, 9 0 0. 0 0
02061 Building Demolition $ 3�1�•� 100 $ �,.? �.a .�-�---
02074 Site Demolition $ 1.g�•a� 10 0 $ 1, 8 0 0. 0 0_
02085 Asbestos Abatement $ 4,800.00 1 0 0 $ 4 8 0 0. 0 0_
p22pp F,arthwork $ 8,900.00 1 0 0 $ 8, 9 0 0. 0 0_
02511 Pavement $� 5;600.00 � p p $ 5, 6 0 0. 0 0_
02522 Concrete Curb $ 2,900.00 � p p $ �, A n n� n_
02530 Concrete Walks $ 800.00 1 0_0 $ 8 0 0. 0 4—
02810 Irrigation System $ 2,400.00 1 0 0 $ 2. 4 0 0. 0 0_
02930 Landscaping $ 3,200.00 1 0 0 $ 3, 2 0 0. 0 0__
03100 Concrete Work $ 7,500.00 1 0 0 $ 7 S n n_�a.—.
03400 Precast Concrete $ 4,500.00 10 0 $ 4y 5 n cl�d�
04200 Masonry $ 23,900.00 1 0 0 $,? 3, Q n n n n
Page 1 of 3
10.14
Short Elliott Hendrickson Inc.
SPEC. DESCRIPTION SCHEDULED PERCENT AMOUNT
SEGTION VALUE COMPLETE EARNED
05500 Micellaneous MetaLs S 600.00 1 � o $ F � o_ 0
06100 Rough Carpentry $ 900.00 1 0 0 $ 9 0 0. 0 0
07210 Insulation $ 1,200.00 1 0 0 $ 1, 2 0 0. 0 0
07270 F'uestopping $ 6�•� 10 0 $ 6 0 0. 0 0
07530 Roofing and Sheet Metal $ 5,200.00 1 0 0 $ 5, 2 0 0. 0 0
07810 Skylites $ 8�•� 1 0 0 � 8 0 0_ 0 0
07900 Caulking $ 900.00 1 0 0 $ � 9 0 0. 0 0
08110 Doors, Frames, and Hardware $ 4,8�•� 1 0 0 $ 4 8 0 0_ 0 0
.
08800 Glass and Glazing $ 3�•� 1 0 0 $ 3 0 0_ 0 0
09900 Painting $ 5,300.00 1 0 0 $ 5, 3 0 0. 0 0
10400 L.eaers and Plaque � $ i,�•� 1 0 0 $ 1. 4 0 0. 0 0
10520 Fire Exdnguishers $ 2�•� 1 0 0 $ 2 0 0. 0 0
11215 Vertical Turbine Pump $ 15,800.00 1 0 0 $ 1 5, 8 0 0. 0 0
11240 Chemical Feed Equipment $ 5,900.00 10 0 $ 5, 9 0 0. 0 0
15060 Process Piping $ 23,800.00 1 0 0 $ 2 3, 8 0 0. 0 0
15080 Pipe Insulation $ 800.00 1 0 0 $ 8 0 0. 0 0
15155 Flow Meters $ 4,80U•00 1 0 0 $ 4, 8 0 0. 0 0
15165 Booster Pump $ 4.200•00 1 0 0 $ 4. 2 0 0. 0 0
15400 Plumbing $ 5.100.00 1 0 0 $ 5. 1 0 0. 0 0
15500 H.V.A.C. $ 9.��•� 1 0 0 $ 9. 7 0 0. 0 0
16000 Electrical and Controls $ 119,500.00 1 0 0 $ 1 1 9, 5 0 0. 0
Totals $ 316,300.00 1 0 0 31 6, 3 0 0. 0
Approved: City of Fridley
s�' '
Jo ora, DPW/CE
Page 2 of 3 -" -- Short Elliott Hendrickson Inc.
10.15
Application For Payment - continued
Total Contract Amount: $316,300.00
Total Amount Earned $ 31 6, 3 0 0. 0 0
Material Suitably Stored on Site, Not incorporated into Work $
Contract Change Order No. Percent Complete $
Contract Change Order No.
Contract Change Order No.
Contractor's Affidavit
Percent Complete $
Percent Complete $
GROSS AMOUNT DUE $ 31 6•� o o_ o �
LESS °/a RETAINAGE $ 0. 00
AMOUNT DUE TO DATE $ 31 6, 300 . 00
LESS PREVIOUS APPLICATION $ 3 0 Q.,1 3 6.� S___ _
AMOUNT DUE THIS APPLICATION $ 16 .1 63 . 65
The undersigned Contractor hereby swears under penalty of pery'ury that (1) all previous progress payments
received from the Owner on account of work performed under the contract referred to above have been applied
by the undersigned to discharge in full all obligations of the undersigned incurred in connection with work covered
by prior Applications fo� Payment under said �ontract� and (2) all materials and equipment incorporated in said
Project or otherwise listed in or covered by this Application for Payment are free and clear of all liens, claims,
security interests and encumbrances. �
Dated July 1 7 19 98
COUNTY OF Hennepin �
) SS
STATE OF Minnesota )
M C Maanev Construction, Inc.
(Contractor) A � � A
By:
(Name and Title) Mark Magn��l,� President
Before me on this 17th day of ,7ulv , 19 98 personally appeared Iriark Magney
known to me, who being duly sworn, did depose and say that he is the
president of the Contractor mentioned above; that he executed the above Application for
(Office)
Payment and Affidavit on behalf of said Contractor; and that all of the statements contained therein are true, correct
and complete. �
i
My Commission Expires: �•
(Notary Public)
The undersigned has checked the Contractor's Application for Payment shown above. A part of this Application
is the Contracto�'s Affidavit stating that all previous payments to him under this Contract have been applied by him
to discharge in full all of his obligations in connection with the work covered by all prior Applications for Payment.
In accordance with the Contract, the undersigned approves payment to the Contractor of the Amount Due.
SHORT ELLIOTT HENDRICKSON INC.
Date g� 3� 1/� By
Page 3 of 3 10.16
CONSENT OF SURETY
TO FINAL PAYMENT
fUA l��ctc»tert[ G7U7
(In,tructicrns c>n rever,e ,icle)
��o ovvtvr:R:
INiuue n��d �u/�6x•xcl
PROJI:CT:
lNtu�n• u�id nd�Gzz�7
UWN(iR
ANCF 11'fGCI'
cc��•rtinc'rc�a
strHr:�iY
Bond No. 12-36589-97-3 O�t'E�t:k
CITY OF FRIDLEY
6431 UNIVERSITY AVE. N.E.
FRIDLEY, MN 55432
WELLHOUSE d/1 & WATER
BOOSTER STATION
ARCF[I"1'EC1"S PROJF.CI' NU.:
CON1'RACT EOR: CONSTRUCTION
CON'!'Ei�1C'(' DA1'ED: AUGUST 28, 1997
In accc�rclancr with thr pre�vi.i<ms c�f thr Cem�rart lx:tween �he Owner:incl the Cemtr.�rte�r ati inclicatrcl alxrve, the
f/rc.err n�u�rc « ud aeldrr.�� v/'.Gnt•fp�
FIDELITY & GUARANTY INSURANCE COMPANY
6225 SMITH AVENUE
BALTIMORE, 1�ID 21209-3693
on Ixmil c�f
I/ix+c•r7 u�uiir �a�d rrdrl�v.�� n/'Cuiuruc�orl
M. C. MAGNEY CONSTRUCTION, INC.
18889 EASTWOOD DRIVE
EXCELSIOR, MN 55331
a
❑
❑
❑
C�
. sutu t�r,
. CO(v'['RACTOR.
herehy appr<�vrs c�f the final ��aymrnt to the Ccmtr.�etc>r, and a�rees that fin.d �aymrnt tc� the Ccmtractcrr shall nc�t reli�we the Suret�� c�f
any of its obliRations tc>
fht�'rr! nar�ic ruid ad�Gx�. o/Q�e•iieo'1
CITY OF FRIDLEY
6431 UNIVERSITY AVE. N.E.
FRIDLEY, MN 55432
as sec forth in said Surety's bcmQ.
!N WITN(:SS vUl-IF.RIiOf, the Surety hc�., hereunt<� set its hancl cm this clate: July 10, 1998
//iiacrl iq ttri�ii�� dx' �A4Nf/J �iill4ffYKI hl' /�Ja• IfIONC'�7C tlUll' (I!7!I IYYIJ: J
Attesc (��� �
(Seal):
OWNF.R,
FIDELITY & GUARANTY INSURANCE COMPANY
(.�iuz•irl
/�.. lflllllk•rl�[ff1/(XIIYZtK%It�)It�K'/I/(7!%!Y'1
Jack Cedarleaf
Attorney-in-fa
f l'+'i�mv! riruur n��d lilk•1
� � CAUTION: You should sign an original AIA document that has this caution printed in red. An
o�iginal assu�es that changes will not be obscured as may occur when documents are reproduced.
See Instruction Sheet for Limited Licensi iduction of this document.
AIADOCUMENTG707•(:()N�IiN'1'<)I'til'NtiIY'IC)I•1NAI.PAYAt1:1�O'�T 1)N•'AIA
OI�X}i • llll: AA11:N1<i1N INtill'll l'll: ()F AHt:) lrll:(:1\, I'ii NI•1V 1'� IVI'.1X'A�I I• .
i. y Irvc.l'(>N, f).t:. HttrN,.5292 • WARMING: UnikMaed photoeopylnq vlolates U.S. eopy- G%07—�994
•: rlght laws �nd w111 wb�set tM vlolsfor to kga) proaeeutlon.
�
�CF��T .��D ��'.�1�'rr OF'�1FCH.��1C'S Ll�� �1GHTS
Dz►c: vL � I `�°I $
� M 537 ss
Thc undc:siSn:d hcrc;�y �cl:nou•ledecs re:.:ipt of tih: �Lm ol.: 3W,�
CHECh 0�1.Y O��
��
� �)
��
Ii `�
�
�
,) �)
� as panial pa��ment for 1-e5or, skill and maieti�: furr�ished
❑ z.s pa��m:nt for all labor, skill and rr.aterial furnish:,� or �o be iurtished (ex�:.�t che st:r� of
re:air.a_e or holdback)
❑�,`uIl and ti:�l rx�•ment ior all :abor, s}:ill and rr:dte;ial ivrnished or to be :urnish:d
io the fallowing described real propeny: (legal dese;ipcion, �:reet add::ss or project :,��e)
FRIDLEY idELLSOOSE NO. 1 BOOSTER STATION
631 Cheri Lane
Fridley, l�II�I 55432
. `
0
Y
and for ���!ue received hereby w:iv�s all ;ig5ts tcquired by �`�: unde;si�nrd to file or r�cord mec�;�:i:'s'.:sn a_�ir.st
sa;d re�l prope;cy for labor, skill or material furnished to s�id re�l prope:ty (only for ►he �,-nounc ��:�+ :` 3cx� 1 is
checked, znd except ior ret:inzge shoa�n if B�x 2 is checked). The undersigned a;fir�ns that �ll r-�;:::�: Zrnis ;ed
by che undersigncd hts been paid for, Znd all sub�ontracto:s employcd by the undsrsign:d have b::� ;�;d i� rull,
EXCEP'I': �' �' `�� �S; .
�
�
i
�
NO?E: If this instrument is exxuted by a corpora-
tion, it must be si;nod by zn officer� and .if
executed by a partnership, it must be signed
by z parcner. •
r�
�
,;
�
10.18
M.C: MwaEy f,�us�vcrtotJ, �ac�
(Tnk)
- -' ---- •i�.. . �:_ '-..-: �,�:r�E' ._r�•�-=����'--r`
ZL='.: i.��^ ',1'.�,I�'=: �c `•I�C� �.�:C'� L:=.`.' �:L �:,—�
�Z:_. �ivc.� Zo, � �9�
_________ _
i n: �:nce:s:;^:c ;e::^}� ;c:::.o•.riec::s '�,: :t �t� .: c :;:.- :t._ � 7, lv �. �
���.nr � �� J�\ r • �I \�
) � .: as :�r.:i� aa}•ne:�t ��t :s��r. �kiJ! :nC �:as:: i:: �.:.:.ish:�
�
-� `� 7�S =2v::,t7! :Of �(7 :'0�01� :i�li� 2nd .'..ol.�..':4i �+IP.:S±:?..7 Ji IC �G :Jf:JSi�C'� •�GX:.. ..... iL' :. ^f
•�•�• �C� �� . vivvJ.r..\j _
_. � S �::i :f1� .,.:.� �2�'__�� �! i�� .�'v:. 5�:�� �1•.i. .`,:�:5.': ._.�'S':; _ - —
3i 1f ' � . . _. ..... ,
!0 ..^,� i01i�'x�;^,� C�SC:10�'� t�'sl ^'C�G:')'
��DL3Y �iffi�I.BCQSB YO.
0 3 i C'�eri Lane
?ridlay, � �����
;JC�ii v�:.�.: i.�.:iC.w, ..: ��i .'It�t�.. ��S �.T :i QT�.�.. . •\
. � ^4.. ,
1 3CCST� ST�I':'ICN
0
�
-=,'� 9_
0
_nd tor ���i�e ��ceived :�::eby a•:ivts ail ;ig;;ts �c�ui:=d �;� ::,: :::,d�::iF::e.� :o :�1e ;,r -:�;,r� .-�c-:-�;.::'� -� �
.��i;_t
said 1:�1 �TO�e;:y �oT !�b0r. SkiJ10t .:::ieri=I :vr.^.is; � :C S�id :e21 �to��.—,}' (Or�]y :Ot ::,e a,;,o��r:c �2:�± ..�Cx :s
c5e�l;ed, 2nd cxc:�t ior re:3ir,age show�n :f 3cx 3 :s .r.eckec). 'he �_n�o: signeC a,{,;:,.s •; ;t ,; •- -� - � .,,
� . �Il �:�c_.: :�:-:s:,...
oy the Ulldt: sigacd ':u be_a paid fot, tno :11 svb:.�:;t►actc: s:m�io•.�ed Sy ;he �nds: �ig�:� �`•: t;... -�:,� _;. �
,.XC..?'r'• • •• �__ • • _,.. .I• :..t�,
a.
► VQT�; if t:tis sstn:raern is ex�.tted �y i:oroora• ;
' cion, :t must .�,e si;nod by srt atTcsr, ana �i �
j execuied Sy i nutnersaip. ;s .:�ust oe :igssra I
� �y 2 �arcr.e:. ;
�
10.19
��-'�h1 � �/�C�laycf i t� L., .�1 �G ,
�y XJ .
� �� , �
� t,�k�
�P// �' ,�sE.�� 2d.s,d
: ���►
.c,�t,c� �a�o� _ /� • ;�J. SS�z �
�
R L MaAGENSON INr 612 933 2823 p•01
eZECEt?T .�1D �`'.�1\'rn �F \1ECH�\1C'S LiE� RIGNTS
D�tc: _� Y 21. 1998
Tne �ndc:ii�n�d hcrcbp :cMoN�led�es r�;cipt of tht sum of „�4 � 2�5 . 00
Ci�Ct; 0�'LY O�E
1) �} u p�n's�l p��r.�c�t for Isbor, skiil �nd mucti_: funished
:) �] st p:��mcnt for i1) libot, si;i11 ind msteri�l furnish�J or io be furnished (ezc�at the su.-s of
rc�:�r.�se or ho�db�ck)
�) Q u tvll �nd fivt p:ymeru for t!1 fiDor, skill �nd rra�:riil !umifhcd or ;o �G t�rnlsnea
co :he foiiowinr descri�ed re31 ptoperty: (leY�l detetiption, strtet �Q6ress or proje�t ;atne)
?RIDLEY MiiLLSOaBit �. t B008TBit BT�?ION
63t Chvri Laao
lridl�y, !E!i 55432
snd ior ��:iue rccefved Aereby w.ivss sll ;iR�ts iequiteQ by the �nQersi;ned to file or ::cotd me:rs�i:'s i::n ag:i�:st
s�i4 ru} propeny for bbor. ski}f ot miteti�l furnishad to stiQ re�l pto�sny (oniy tor :?�e rmount Y�id :' 3ax 1 is
c?►eckcQ. :nd ex:e� ror r���i�uge sr�own sr �cx ��s ehec�ea�. T'he undersiYneQ =ffirms ih:t t�1 m�tc::�! :ti;rnith:d
by th� undcrsi�ncd h�.s bees� piid fot, snd �lI subaniruiort cmployed by che undsrsi�n:d have b:s� ;p;0 ;;� fuli,
EXCEPT: _
i
R.T.•HAAG NSON. INC.
N07E: t! this insuvroen� is exauted by � eorpori- �.�
�ion, it mutt be sl�ned by u� offiur, inci .if ��y
exx�t�d Dy � Qannership, it must bs it�s,�d ' - -
Dy � pwur. , PRF.CTRF�LiLT
� tTu4�
� 16411 LIMERICK LANE
c�►wt
MIN(�F,,a,�NKA� MN 55345
I ��
I •
�
..................- --........---------•---10.20 ----------...._...--=1==------
�
•- 87i :8! 199tl d5: 'S 3 �: ��1/41675i MlauP+E`� �:C�STRUC-::J� �W�� �i
,2ECElr'T.�1D ��'.♦1�'eR OF:�fEC}iA�iC S LIE� i�:GNTS
Duc; ��5��...� � 7
�' . Po
SDt �ndersJ�eO !��reb7 �tl;ncr�t�Qli+ rt:tipl of �ht iym of ,
C?iEC� O�lY O�'E
!) (� ;t,s�nial ya��trxrsl for b4o�. �till ut0 mai�tis: furni�?,ed
2) L, u pi?Tr+en� for ip 1�Oor, :kili ,nd reiieri�4 A:mish:� o� �o De F,,rnJsled �ex:�� ilse twn af
rec�ia�=e or ho:db�ca)
_'� is A�11 it�i f1.�ul p��•r�1�cx f0� �1) f�bor, tkiU �n4 T���ri�! lurais��d o� io be tit�iifhtd
�e tF� to�tow�nj aaerieed r�ii propeny: (t��i) 3eseri�cio�, s:reet sdd: ets or ➢roj�;� r;ur���
�lIDLlY NiL�O�! �D. 1 �OOS� �'!11?ZOII
i31 C7�i Lat�
t!lal�, ,a ss�s= -
�
M
uid for �•dw r�cuve0 h�nbp a�ives �A ti=hts �egvir�d by a� w�d�rsijn�d �o �t� o� ncotd m�tl;i•.is't ::an ijii:.tt
uia tc�i property tor l�sot� �kl11 ot rnnetl�I 1Lrnlab�d to uce r��t property ;oNp ,•c�r Ue L�ounc pa:a •.• Box 1 it
ehee��, sr�d excey� toc teu(n�/s sl+e�r it Sox 2 n ebecke�. T'lle vn0ersf�t0 �;t.•,w ch�� �il r.s�ie:i�: .�:rnis ;sd
Dy �e u�Cetsltn.d 1�u bee� pi;d lor� �d dl svbcornr�c�ors err.pb; �d by ib� undent�n�d h:� t bcsn ;�id i� f�ll.
BXCf.rt':
NOT�: If tT� Se�aum�nt it exteuhd Dy_� aeRotr
ilen, !t must �t tl�n�d D� �n olric�r� ;nd , it .
cxaus�d �r � p�tfNt�lil�. lt t�wt bt ii=t�d '
�r � Dw'xt• •
10.21
�0'd TtLT 99:. .�.i9 L O:J13W'7►1tlN Wd L0:i0 86-0Z-1f1C
07::2:98 19:13 'Q81: A81 3T17 T.C.ELECTRIC C0. �ppl
^„► ._.. . .. ... .... _ , . . ..... ..� ....-� �'...,�,.�t•� .t..'�,•::�•�:e �, �•..
�.: CE:?7 .�►�J 1`'.�:�'=� Or `:�Cii.��IC'S L1�� ;�G:1TS
Dice: ��� �.3 � 5 5 fl
. �
Th: ur,dc:si��:d h:reb�� a:�,�ow-ledges re:;ipt of ihe surn of ,. ��d. 3� �. S�i
Ci-�C?:0�'1,�' O\'E
1) ��s p�rtial pa��menl icr !abor, skill t�d r.iattri:'. tu:-ish.d
_} ❑ u ra��ns:sc fer .1! l:bor, skili znd r„sier'al brr.ist�:,� �r io b: n:r;.isied (exrs�c :he su,� of
rtttir�;: or holdbacS�)
:) ❑ u till �nd ti^�I az���eat ier zll ;zDor, s;:ill and rr.�.erit! i�rnish�d o: co b: i�„iish�d
�o ihe fa1So��in� desc: ibcd rail prap:,�ty: (l:gzl desc-iptien, s�. sec add:::s or projert �t-�e)
FbLIDLEY tiELLHODSB l�O. 1 BOOSTER S?ATIOB
631 Cheri I,ane
Fridley, !�i 55�32
�
�nd tor �•�}ve ;cc:ived h-�reby �►:•iv:s �ll ri��u aeouired by L�: Lnde:signad to f!e er ;eco*d ne�';t;.:='s':•, �;ti-,sc
s�id rs�l pro�e; �y for �.Sor, s�il! or .^.uteritl i�rnished to stid re�l proptny (on!y fot �he z.-��unc r�;d :' 3ex 1�s
che:l:ec, znd except for r�tintg. shox�n if �ex 2 is ch�c�;td). The undtrsigned aff-*s chzc z1} r•.ac:�'.� �:rnis•`,�
by ihe undersig�ed hsS beeA p2id for, zn6 all sub:.entrtcto:s :mpioyed by th: uade;siQa:d have bt:a ��;� in r�!l�
F.XCE?'f:
NOT£: �f this instrvrr�enc is exauted by s corpon-
tion, i� must be si;ned by u� afficer, and _if
czecueed by a pxrtnership� it musc tx signed
by a p:rtner,
�
10.22
7"w i�v �: { F/� �- r
HY �.[�� fi ' v1�fL �43�'i�
L'�-���� -
fTik1
fo :'z5� 11i'd-;��., , ;l .�r ���s
��.��
,Q,,��r��T .�' ,�1�� s-s'/-� 1
�
�
_ _.•. •. .,.. J L1�� :..►GHTS
��ie: Z 2a_9R —
;he undusi�ned here;+�• �c3�no�+•3ed�es re,eipc of ihe sum of..$ �, 824 • 29 `
C�C}: O�Z,1' 0��
I) L� is pini�t piyment for ia'xr, ski;i arsd sTUi�ri:: furn�shed
.,.
��
3)
i��i ;� r`;.���; �.. _n Iaher. �fi:!! z� n-ate:ial turnish:.� or �n i+e Pur:,��h�.ct rcx:��t �h: sti^: �f
S� Q � _ ret:ir.ige ot holdbac�)
Q as �uil ind fr.'�tl �z��rnent fot zll labor, skill snd m�teriai furr.ishsd or ta �e ��rnished
tp �h f foliov►�ing Cescribed ral ptopeny: (leeil descripcion, sc:eec �ddress or rroje�c :,L�e}
IDLB'Y MELLHiOVSE AO. 7 B�OOSTB� STATIOA
31 Qiari Ls�
�idlay, �r SS�32
ti
�
:.nd far �•�: �e : ec_i�r� hereb; �•. iwts a�� ri�hts �to,uired by s.'�e ur�desji€ned co file or r:co�d �r.e� z:ic's ::_n :�;,st
ssi� ►e�� pro��*!; t�f t�bar; skill or msteriii fvrnished to s:id res) DtoDSrty forl7y for ti�e xmavn� ��i� :� 3ex 1 is
she�l:e,�, snd except for rctai�ge shovvn if Sox 2 is thecktd). The undarsigntd �;fir,ns th�t s11 r*a:::::! �:rn:s'�sd
py thi un0etsigneG hu becn ptid lor� snd zl� sub�ontraetors employcd by ths unde:sign�d ha��e bs:a �ud i� fvy�,
F�CCEPT:
NOT�: i1 civs iaseruroetx is cxeewed by a eospar�-
� tion, it must t,� sf�n� by sn otfteet, snd ,lt
� sxx�ted by s,�srtnuthip, it mtttt b� siYnsd,
by � � artnet_
i
10.23 �
lm'n Landsca in Inc.
e;
�z.rM�
6920 Hwy 10 NW
���
Sauk Rapids MN 56379
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.
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❑
JUL-23-9� 03:�2 PM
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�D�Y �LI.�aOSE IIO. 1 DppSTaR ST�TION
631 Ch�ri Lane
iridlaY, !!f 55�32
t1�d for �•f:ue rece:�•ed hereDy w•: ivos �l1 :i�yss t:ouited bp tA: unde:s;q�ed io f,le or ::ce:d nec�L:::'s :::� ��i::sr
ssiC r:�l p:e�eay for l:bor, skil! or m=�eti:l furnished eo s:;a re�! prox:�y (o:�:y for ;te �.�•:n� r�;, ;: 3cz 1:s
cbec; :Q, :nd ezce�t io� tasira;: SDoW�n if B�x : is tAecke�. 7he vndersi�ned t`fi:as thi� til r�::::�: �tn:s ;:d
b�� rhe undcrsigned h�s D:eA D:id for, u�d s)1 subrorurtetors etrj�io;�ed Dy ih: vndsrs;�i;0 h:�e �::� ;�i� ii tu?l,
EXCE?';':
NOTE: Jt e�is itrstrument is exeevtaQ by s eoepori-
cion. it muu �s si;ned bY in ofreer� and , i!
cxauied by a p�rcnctsbip, it must be si�aed
by i pumer. .
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10.25 ,
____'
� LOCK &
�� S GLASS
4017 Kentucky Ave. No. • Crystal, MN 55427 • 537-5826
39 N.E. 77th Ave. • Frld/ey, MN 55432 • 57f-5816
f03 Hfyhvlew Lane • Butfalo, MN 55313 • 682-4803
September 14, 1998
Dear Scott Hickok / Planning Coordinator,
My name is Jim Rhode owner of Rhode's Lock & Glass. I attended the 9/2/98
Planning Commissions Meetin� in regards to the rezoning proposal of the Onaway
Addition. I am not able to attend tonight's meeting due to plans that cannot be changed,
but my concerns on this issue are this. I am one of four lots on 77�` Way that woulcl _.
remain nonconforming, I had my property surveyed in 1995 and according to the
proposed S-3 Rezoning I would be short five feet on lot width and 1,225 sq. ft short on
square footage. My property has 8,775 sq. ft not including the a11ey easement, which
is large enough to build a usable building for my needs. My neighbor to the west of ine
has around a 3,000 sq. ft building on a 8,000 sq. ft lot which looks very nice and practical
for theu business. I feel if the city is going to rezone this addition to S-3 that they �
consider making all the lots in this area conforming. I feel that I am a minority in this
issue and I have the same concerns as the majority.
Please take the time to consider and represent the four nonconforming lots in your
decisions for rezoning. Fridley has been a good location for our business and I would `
like a lazger building to operate out qf, but due to cuirent M-2 zoning regulations and
your new proposed changes we would still be unable to make our property suitable to our
needs. ,
S� 13'� . .
���%��� ,
Jim Rho�
._
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MEMORANDUlVI
DEVELOPMENT DIRECTOR
DATE: September 10, 1998 �
TO: William Burns, City Manager ��
FROM: Barbara Dacy, Community Development Director
SUBJECT: Public Hearing for Zoning Text Amendment, ZTA #98-02, to Create a New
Zoning District for Industrial Lots Below 1.5 Acres in Size with Special
Attention in the Onaway Addition
' •�• -• ' • - i
The purpose of the public hearing is to consider an amendment to the zoning ordinance
to create a special zoning district for the Onaway Addition located east of the Burlington
Northern Railroad tracks, north of 77�' Avenue, west of Main Street, and south of 79�'
Way. The second purpose of the hearing is to consider a smaller lot size in the M-2,
Heavy Industrial District, from 1.5 acres to 62,000 square feet. The Planning
Commission recommended approval of the text amendment at its September 2, 1998,
meeting.
:. • � •
The amendment was initiated by staff after researching the language of the previous
zoning ordinance pertaining to modified lot sizes. A variance request proposed by Dick
Reiling at 7871 Hickory Street was also recently denied partly because of a
substandard lot size. The subject parcel was 14,696 square feet, far below the
minimum 1.5 acre lot size in the M-2, Heavy Industrial District. The subject property
was destroyed by fire.
The Onaway Addition was platted in 1911 and was originally intended as a residential
subdivision. The typical size lot in the Onaway Addition is approximately 40 feet wide
by 134.5 feet deep. Further compounding the problem is that the original subdivision
also platted 25 foot wide lots abutting 79�' Wajr. The streets are platted in the typical
grid pattern with rear service alleys.
11.01
ZTA #98-02
September 10, 1998
Page 2
The Onaway Addition has been zoned M-2, Heavy Industrial, since 1958. The
language of the M-2 district, however, has changed over time. Originally, in 1958, there
was no required minimum lot size. A lot size requirement was not created until 1969.
The 1.5 acre minimum lot size requirement appeared at that time. The language of the
lot size requirement read as follows:
"A lot area of not less than 1.5 acres is required for one main building, except
where a lot is on a subdivision or plat recorded before the date of adoption of this
ordinance." I
Subsequent zoning ordinances, however, do not contain the exception phrase fo the
lot area requirement. The change seems to have happened during the recodific tion of
the City's ordinances in 1984. This issue is important because it explains why p rmits
were issued in the Onaway Addition on lot sizes below 1.5 acres during the 1960 and
1970s.
Analysis
A GIS map was prepared to analyze the lot sizes of all industrial lots in the M-2 d strict.
The Onaway Addition has a majority of the nonconforming lots. Much of the
development in the subdivision occurred in the 1960s and the 1970s with the pre ious
ordinance language. The attached matrix represents the parcel identification nu ber
list from the City's GIS system for parcels that are legally described as the Onaw y
Addition. Fifty-four parcels appear on the list (although there may be additional
addresses because of multi-tenant buildings.) Reviewing this information reveal that
there are only two lots in the subdivision that can meet the 1.5 acre minimum lot rea
requirement, and only four can meet the 3/ acre minimum lot area requirement th t the
M-1 district requires. In fact, a majority of the lot sizes fall between 10,000-20,00
square feet.
A variety of manufacturing businesses exist in this area. Further, there is a good
mixture of both multi-tenant, zero lot line, and free standing buildings. During the
1970s, it was not unusual for the City to encourage a zero lot line construction la out in
order to promote the appearance of a larger lot size and, at the same time, provi e
space for smaller size companies.
' ��� -• • '•• • �
The City's zoning ordinance provides for the creation of Special, "S", districts.
205.20 states that "the intent of a special district is one that is created through
11.02
ZTA #98-02
September 10, 1998
Page 3
regulation necessary to protect the health and general welfare of the public within the
designated district." The City has already adopted the S-1 district for the Hyde Park
neighborhood and the S-2 district for redevelopment areas. The proposed district for
the Onaway Addition would be S-3.
The attached ordinance is modeled on the M-2, Heavy Industrial District; however, it
has been modified to add a purpose statement and to create unique lot area and
setback requirements. Areas that are different than the language from the M-2, Heavy
Industrial District, are highlighted in bold.
The proposed district would establish a 10,000 square foot minimum lot size and
smaller setback requirements. These requirements a�e based on an analysis of the
existing lots and buildings within this area. As a result of this requirement, there would
still be four nonconforming properties located north of and adjacent to 77�' Avenue �
between Elm Street and Beech Street; however, two of these properties are single
family and the owners are already aware of the nonconforming designation. In addition,
there may be other nonconformities in relation to setbacks for some of the existing
properties. There have been a number of variances granted in this area (approximately
four have been granted since 1986), and there is sure to be more that have been
granted over the years. If a larger lot size was required, say 20,000 square feet, 8-10
businesses would have to be displaced.
The primary intent of the special district is to resolve the lot area requirement and to
encourage those that are below 10,000 square feet to bundfe as many lots together for
a reasonable buildable lot. Given the previous history of the zoning ordinance
language as well as the fact that the development in the area was based on the smaller
sized lots created by the Onaway plat, it makes sense to create a special district for this
industrial area alone. �
� ' ' - � - - � t_-_-►� -!-�_►�_ _�
Currently, staff is inventorying the remaining M-1 and M-2 parcels in the City to
determine how many fall below the minimum lot area requirements. There are three
lots which have been platted just to the east of the Onaway Addition in the East Ranch
Estates Addition that are approximately 62,000 square feet in size and zoned M-2.
Also, there are eight parcels zoned M-2 which fall befinreen 3/ of an acre and 1.5 acres.
Staff is suggesting that the lot area in M-2 be reduced from 1.5 acres to 62,000 square
feet. This would not jeopardize the intent of the M-� district and would resolve
11.03
ZTA #98-02
September 10, 1998
Page 4
nonconforming situations for three properties. Staff also recommends that the City
evaluate rezoning the eight M-2 properties to M-1, but that should be a future
application process initiated by the City.
Propert�Owners
Staff met with three property owners of the Onaway Addition on August 19, 1998. The
concept of a special district and a 10,000 square foot minimum lot size was proposed.
The initial feedback was positive; however, the owners want to be heard at the
upcoming public hearings. The owners are very concerned about their ability to
continue their businesses after a calamity or natural disaster.
'- • •. �
Staff recommends that the City Council conduct the public hearing on the Zonng Text
Amendment, ZTA #98-02, for a special S-3, Onaway Addition Zoning District, as well as
modifiying the minimum lot area requirement and the M-2, Heavy Industrial District,
from 1.5 acres to 62,000 square feet as presented in the attachments. First reading of
the ordinance creating these changes is scheduled later in Monday's agenda.
BD:Is
M-98-191
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G. GLARE OF HEAT. Any opsration producing intense glare or heat shall be performed within a completely
enclosed building.
H. EXPLOSIVES. No activities involving the storage utilization or manufacture of materials or products
which could decompose by detonation shall be permitted except such as are specificaily licensed by the
City Council. Such materials shall include but not be confined to all primary explosives, such as lead
oxide and iead sulphate; ali high explosives and boosters, such as TNT, ROS, tetryl and ammonium nitrate;
propellants and components thereof such as nitrocellulose, black powder, ammonium perchlorate and
nitroglycerine; blasting expiosives, such as dynamite, powdered magnesium, potassium chlorate,
potassium permanganates and potassium nitrate; and nuclear fuels and reactor elements such as uranium
235 and plutonium.
2. In order to assure compliance with the performance standards set forth above, the City Councit may require
the owner or operator of any permitted use to have made such investigations and tests as may be required to
show adherence to the performance standards. Such investigation and tests as are required to be made shall be
carried out by an independent testing organization as may be agreed upon by all parties concerned, or if there is
failure to agree, by such independent testing organization as may be selected by the Council after 30 days
notice. The costs incurred in having such investigations or tests conducted shall be shared equally by the owner
or operator and the City, unless the investigation and tests disclose noncompliance with the performance
standards, in which event the entire investigation or testing cost shall be paid by the owner or operator.
The procedure above shall not preclude the City from making any tests and investigations it finds appropriate to
determine compliance with these performance standards.
205.134. Lot Requirements and Setbacks
Yards, lot sizes and open spaces shall be r
1. Lot Area
s hereafte� erected in the M-1 and
A. M-1. A lot area of not less than �/s acre is required for one main building, except where a lot is on a
subdivision or piat recorded before the date of adoption of this ordinance.
B. M-2. A lot area of not less than 1�/z acres is required for one main building, except where a lot is on a
subdivision or plat recorded before the date of adoption of this ordinance. '
�---
2. Lot Width
A. M-1. A lot width of not less than 100 feet is required at the required setback, except where a lot is on a
subdivision or plat recorded before the date of adoption of this ordinance.
B. M-2. A lot width of not less than 150 feet Is required at the required setback, except where a lot is on a
subdivision or plat recorded before the date of adoption of this ordinance.
3. Lot Coverage
The maximum percent of the area of a lot allowed to be covered by the main building and all accessory buildings
is as follows:
A. One story - 40% maximum
B. Two story - 35% maximum
C. Three story - 30% maximum
D. Four story - 25°/a maximum
E. Five story - 20% maxsimum
F. Six story - 15°k maximum
205.134
Lot
Requirements
and Setbacks j
s
��� 1
�
11.OH 2O5-52
�_
necessary to eliminate the particular problems in achieving
compatibility with abutting and adjacent land uses.
(a) The station shall not provide for the outdoor
operation of lubrication equipment, hydraulic lifts or
service pits or the outdoor display of inerchandise. The
display of petroleum products between pumps, or the
temporary display of inerchandise within four (4) feet of
the station building is permitted.
(b) The property shall not be used as a place of storage
or deposi[ory of wrecked, abandoned or junked motor
vehicles or for the sale or display for sale of used motor
vehicles.
(c) Any required buffer or screening area will be so
constructed as to obstruct headlight beams� of motor
vehicles on the station property from beaming onto
adjacent residential property.
(11) Exterior storage of materials.
(12) Sexually oriented businesses as defined and regulated in
Chapter 127 of the Fridley City Code. Sexually oriented
businesses in multi-tenant buildings shall meet the standards
required for commercial uses as stated in Section
205.17.O1.C.(3). (Ref. Ord. 966) .
D. Additional Restrictions.
For uses other than principal uses, requirements as to lot size,
setbacks, building, parking, landscaping, screening, etc., shall
be at least comparable to similar uses in other districts, but
also subject to additional provisions as provided by the City.
2. USES EXCLUDED
A. Any use allowed or excluded in any other district unless
specifically allosaed under Uses Permitted of this district are
excluded in.M-1 Districts.
B. Uses �ahich may be dangerous or otherwise detrimental to
persons residing or working in the vicinity thereof, or to the
general welfare and may impair the use, enjoycnent, or value of any
vronertv.
3. LOT REQUIREMENTS AND SETBACKS
A. Lot Area.
(1) A lot area of not less than three-fourths (3/4) acre is
required for one (1) main building on plats recorded before
January 1, 1983.
(2) A lot area of not less than one and one half (1-1/2) acres
is required for one (1) main building on plats recorded after
January 1, 1983. ----
11.09
205.17.03.
� -
USES
EXCLUDED
�
/ ,
i �� �
LOT
REQUIREMENTS
AND SETBACKS
Ivl � �
03/91 , 205.M1-6
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3. LOT REQUIREMENT:
A. Lot Area.
� ��
A lot area of not less than one and one-half (1-1/2) acre is
required for one (1) main building.
B. Lot Widt .h
A lot width of 150 feet is required at the required front setback.
C. Lot Coverage. (Ref. Ord. 951)
(1) The maximum percent of the area of a lot allowed to be
covered by the main building and all accessory buildings is
as follows:
(a) One (1) Story - forty percent f40X) maximum; fifty
percent (SOX) with a special use permit as provided in (4)
below.
(b) Two (2) Story - thirty-five percent (35X) maximum;
fourty-five percent (45X) with a special use permit as
provided in (4) below.
(c) Three (3) Story - thirty percent (30X) maximum; fourty
percent (40X) with a special use permit as provided in (4)
below.
(d) Four (4) Story - twenty-five percent (25X) maximum;
thirty-five percent (35X) with a special use permit in (4)
below.
(e) Five (S) Story - twenty percent (20X) maximum; thirty
percent (30X) with a special use permit as provided in (4)
below.
(f) Six (6) Story - fifteen percent (15X) maximum; twenty-
five percent (25X) with a special use permit in (4) below.
(2)� The above lot coverage will be subject to other
considerations including parking and open space requirements,
use of facilities, and proximity to other districts, which may
decrease the maximum lot coverage.
(3) The lot coverage may be reduced by the City if and when
there is provision for underground parking within the main
structure provided that the lot coverage shall not be more
than forty percent (40X).
(4) The lot coverage as stated in (1) above may be increased
up to a maximum of ten percent (lOX) of the lot area upon
� obtaining a special use permit. In addition to the
' requirements of this Section and the factors identified in
Section 205.05.04 to evaluate special use permit requests, the
City shall consider the followin,�_facto�s in determining the
effect of the increase in lot ���11.1�
205.18.03.
LOT
R.EQUIREMENTS
AND SETBACKS
03/91 . 205.M2-S
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11.11
�,��j �,4��cs i��-L�
205Zs S-3/�ONAN�Y ADDITIOY SPECIAL DISTRICT
TITLE
This Section shall be referred to as the "Onaway Addition" special district.
2. PURPOSE
The purpose of this special zoning district is to:
A. Change the present "legal, nonconforming use" status of the industrial
buildings on lots below 1.5 acres (65,340 square feet) to a"conforming use"
status.
B, Establish appropriate performance standards to address the ezisting
conditions of the neighborhood, while promoting development which does
not create adverse impacts to the health, safety, and welfare of the general
area.
C. Encourage additional eapansion, investment, and industrial development in
the Onaway Addition.
D. Establish performance standards to create attractive front yards and
entrances to industrial properties, and to appropriately screen outdoor
storage and loading activities.
3. DISTRICT BOiT�iDARIES
The district shall include all lots platted in Blocks 1 through 8, Onaway Addition as recorded at
Anoka County, blinnesota.
4. USES PERI�IITTED
p, Principal Uses.
The following are principal uses in the S-3 District:
(1) Wholesaling, warehousing, manufacturing, construction or service uses which
will not be dangerous or otherwise detrimental to persons residing or working in
the vicinity and will not impair the use, or value of any property but not
including any uses excluded hereinafter.
(2) Equipment assembly plants.
(3) Dry cleaning plants and laundries.
(4) Railroad lines, spurs, passenger and freight depots.
(5) Heavy duty repair garages.
(6) Transformers, pumping stations and substations.
(7) Repair garages.
(8) Automobile Service Stations.
B. Accessory Uses.
The following are accessory uses in the S-3 District:
(1) Retail sales or servicing of products manufactured or warehoused.
(2) Offices associated with the principal use.
(3) A dwelling for a watchperson subject to the following conditions:
11.12
,
_ _ _ __ \
(a) Any dwellin� unit located in an industrial s�ucture shall not occupy the
front half of a ground floor or basement.
(b) Any dwelling unit in an industrial building shall not contain more than
one (1) bedroom.
(c) No detached dwelling unit shall be permitted in this district.
(d) A dwelling unit shall be a part of the principal building and shall be
provided with an outside entrance.
(4) Off-street parking faciliries.
(�) Off-street loading faciliries.
(6) Solar ener�y devices as an integral part of the principal structure.
(7) Business si;ns for uses pernutted.
C. Uses Permitted With A Special Use Permit
The following uses are uses pernutted with a Special Use Permit in the S-3 Dishict:
(1) Offices not associated with the principal use provided that:
(a) The parking supply shall be in compliance with the requirements of
Section 205.18.5., of the City code and be sufficient to support full
occupancy of the building. Parking requirements shall be determined,
by the Ciry, for each tenant prior to occupancy.
(2) Commercial retail, service uses and Class I restaurant uses within office and/or
industrial buildings which are supplemental to, and for the convenience of, the
operarion of the zoning dis�ict and which provide goods and services which aze
primarily for the use of persons employed in that district. Upon approval of a
special use permit, these types of commercial tenant shall be approved for
occupancy upon sarisfying all applicable Ciry requirements without addirional
special use pernuu, provided that:
(a) The masimum gross floor area occupied by such uses shall not exceed
20% of the total gross floor area of the building, with no individual
tenant exceeding 3,000 square feet;
(b) The parking supply shall be in compliance with the requirements of
Secrion 205.18.5., of the City code and be su�cient to support full
occupancy of the building. Parking requirements shall be determined
by the City for each tenant prior to occupancy;
(c) Only wall mounted signs, subject to the limitations of Section 214 of
the City Code, shall be permitted; and
(d) The building owner and/or agent shall be responsible for informing any
prospective tenant that the property is for industrial use.
(3) Commercial retail, service uses and Class II restaurants within office and/or
indus�ial buildings, including those with drive-through components, such as
banks, cleaners, photo shops, fast food restaurants, and similar uses shall be
considered for a special use permit on an individual basis, provided that:
(a) The maximum gross floor area occupied by such uses, and other
commercial uses, as pernutted by special use pernrit, shall not exceed
30 percent of the buildings total floor area with no such individual
tenant exceeding 5,000 square feet;
11.13
(b) The parking supply shall be in compliance with the requirements of
Secrion 205.13.5. of the City code and be sufficient to support full
occupancy of the building.
(c) Only wall mounted sign, subject to the limitarions of Secrion 214 of the
Ciry Code, shall be pernutted;
(d) The proposed use shall only be permitted when it can be demonstcated
that their operation will not generate levels of traffic which reduce
"The Existing Level of Service", as defined by the Insritute of Traffic
Engineers, on streets at intersections;
(e) The proposed use, in the opinion of the Ciry Council, shall be
compatible with the area in which it is proposed to be located; and
(� The building owner and/or agent shall be responsible for informing any
prospecrive tenant that the property is zoned for industrial use.
(4) Commercial recrearion uses subject to the condirions outlined in 3b - 3f above;
maximum gross floor area for both tenant size and percent of total building shall
be considered on an individual case by case basis. (Ref. 900) �
(5) Wind generators and other tower mounted energy devices.
(6) Solar energy devices NOT an integral part of the principal structure.
(7) Radio transmitters and microwave towers.
(8) Bulk gasoline and oil stations, except tank farms or oil transportarion temvnals,
provided all applicable safety regularions are in compliance.
(9) The issuance of a special use pernut shall be required before any of the following
uses shall be established, reconstructed, structurally altered, enlarged or moved.
(Ref. Ord. 995)
(a) Fai rendering.
(b) Fertilizer manufacture.
(c) Gas, illuminating or heating, manufacture.
(d) Glue manufacture.
(10) Railroad yards, roundhouses, raikoad repair shops, switching yazds, piggyback
yazds and rail truck transfer ternunal facilities provided that no such uses shall be
within 1,500 feet of any residenrial district.
(11) Junk yards or the baling of material when totally enclosed within a building
structure and the Council approves the location proposed.
(12) Exterior storage of materials, equipment, or motor vehicles, incidental to the
principal operarion of the use, except under the following conditions: (Ref. Rod.
995)
11.14
(a) Moror vehicle storage is conducted as provided in Secrion 205.18.08.D.
(�)•;
(b) �taterials, motor vehicles, and equipment are kept in a buildin� or are
fully screened so as not to be visible from:
(i) residenrial district adjacent to the use, or
(ii) a residential district across a public right-of-way for the use,
or
(iii) a public park adjacent to the use, or .
(iv) a pubiic right-of-way adjacent to the use.
(c) �faterials, motor vehicles, and equipment stored outside do not exceed
fifteen (15) feet in height;
(d) Screening materials aze provided as in Section 205.18.06.G.(1). (a).
(13) Sexually oriented businesses as defined and regulated in Chapter 127 of the
Fridley Ciry Code. Sexually oriented businesses in multi-tenant buildings shall
meet the standards required for commercial uses as stated in Secrion 205.18.01.C.
(3). (Ref. Rod 966)
D. Additional Restrictions.
For uses, other than principal uses, requirements as to lot size, setbacks, building, pazking,
tandscaping, screening, etc., shall be at least comparable to similaz uses in other districts, but also
subject to addirional provisions as provided by the City.
USES EXCLUDED
A. Any use allowed or excluded in any other district unless spec�cally allowed
under Uses Permitted of this district are excluded in the S-3 District.
B. Uses which may be dangerous or otherwise detrimental to persons residing or
working in the viciniry or to the general welfare and which may impair the use,
enjoyment or value of any property.
C. Manufacture of acetylene, acid, or any other type explosive.
D. Stock yazds or slaughter houses, except of poultry or rabbits.
E. Nuclear processing or storage faciliries.
F. Gas fired foundries.
G. Asbestos manufacturing faciliries.
H. Trucking Ternunals.
I. Uses whose principal operarion requires the outdoor storage of materials, motor
vehicles, or equipment, including the outdoor manipularion of said materials,
motor vehicles, or equipment.
11.15
6. LOT REQUIRErIE�iTS r1i�TD SETB�.CI{S
A. Lot area.
A lot area of not less than 10,000 square feet is required for one (1) main building.
B. Lot Width.
A lot width of 80 feet is required at the required front setback.
C. Lot Covera�e.
(1) The maximum percent of the area of a lot ailowed to be covered by the main
buildin� and all accessory buildings is as follows:
(a) One (1) Story - forty percent (40%) maximum; fifty percent (50%)
with a special use pernut as provided in (4) below.
(b) Two (2) Story - chirty-five percent (35%) maximum; forty-five
percent (45%) wich a special use permit as provided in (4) below.
(c) Three (3) Story - thirry percent (30%) ma:cimum; forty percent (40%)
with a special use permit as provided in (4) below.
(d) Four (4) Story - twenty-five percent (25%) maximum thirty-five
percent (35%) with a special use permit in (4) below.
(e) Five (5) Story - twenry percent (20%) maximum; thirty percent (30%)
with a special use pemut as provided in (4) below. �
(� Six (6) Story - fifteen percen�t (15%) maximum; twenty-five percent
(25%) with a special use permit in (4) below.
(2) The above lot coverage will be subject to other considerations including parking
and open space requirements, use of faciliries, and proximity to other districts,
which may decrease the maximum lot coverage.
(3) The lot coverage may be reduced by the City if and when there is provision for
underground parking within the main structure provided that the lot coverage
shall not be more than forty percent (40%).
(4) The lot coverage as stated in (1) above may be increased up to a maximum of
ten percent (10%) of the lot area upon obtauung a special use pemut. In
addirion to the requirements of this Secrion and the factors identified in Section
205.05.04 to evaluate special use permit requests, the City shall consider the
following factors in determining the effect of the increase in lot coverage:
(a) For existing developed properties, the total amount of existing
hardsurface areas shall be evaluated to determine whether a reducrion
in the total building and pazking coverage can be achieved.
(b) The peririoner shall prove that all other ordinance requirements are
met, including but nit limited to, parking, storm water management,
and landscaping.
11.16
D. Setbacks.
(1) Front Yard:
A front yard depth of not less than thirty-five (35) feet is required for
all pemutted buildings and uses.
(2) Side Yard:
Two (2) side yards are required, each with a width if not tess than
five (5) feet eacept:
(a) �Vhere a driveway is to be provided in the side yard t6e
minimum required side yard increases to twenty (20) feet.
(b) �Vhere a side yard abuts a street of a corner lot, the side
yard requirement increases to a minimum of nventy-five
(25).
(c) No side yard is required where a common wall is provided
benveen two (2) buildings which meet the requirements of
the Building Code.
(3) Rear Yard:
A rear yard depth of not less thaa five (5) feet is required, with an
additionat foot of rear yard depth for each four (4) feet or portion
of building height over thirty-five (35) feet.
(4) Addirionai Setback Restricrions:
Whenever any industrial district is adjacent to our adjoins on any other
district, permitted buildings and uses, except automobile parking and
loading spaces, driveways, essenrial services, walks and planting
spaces shall not be:
(a) C(oser to a street right-of-way line, abutting a residential
district, than 100 feet.
(b) Closer to the alley right-of-way line than twenty-five (25)
feet.
(c) Closer to the boundary line of any commercial district than
thirty-five (35) feet.
(d) Closer to the boundary line of a residenrial district than fifty
(50) feet.
(e) Where dense, natural vegetarion, trees and screening exist, the
fifty (50) foot residential buffer will be retained and
maintained as established by the City.
11.17
BLZI.DING REQL'IItErIENTS "
A. Height.
Building height shall be a maximum of six (6) stories not exceeding siYty-five (65) feet
provided that no building shall be erected to a height exceeding forty-five (45) feet within
fifty (�0) feet of any R-1 or R-2 residential district unless one (1) addirional foot of setback
can be provided for each one (1) foot of building height or portion thereof exceeding forty-
five (�35) feet.
B. Exterior �laterials.
The rype of building materials used on exterior walls shall be face brick, natural stone,
specifically designed precast concrete, factory fabricated and finished metal frame paneling,
glass or other material approved by the Ciry.
PaRKL�1G REQUIREVIENTS
A. Reduction of Parking.
Reduction of pazking stalls may be allowed when the provision of space required for pazking
stalls, due to the pamcular nature of the proposed use or other considerarions, would be an
unnecessary hardship. Adequate open space shall be provided to satisfy the total number of
tequired parking stalls.
B. Addirional Parking.
When the provisions for parking space required for specific district uses is inadequate, the
City may require that additional off-street parking be provided.
C. Parking Rario.
(1) For office use at least one (1) off-street pazking space shall be provided
for each 250 squaze feet of office space use.
(2) For retail use at least one (1) off-street parking space shall be provided
for each 150 square feet of retail space use.
(3) For manufacturing uses at least one (1) off-street parking space shall be
provided for each 400 square feet of manufacturing space use.
(4) For warehouse and storage use at least one (1) off-street pazking space
shall be provided for each 2,000 square feet of space use.
(5) For specularive building use at least one (1) off-street pazking space
shall be provided for each 500 square feet of floor area on lots of more
than one and one-half (1-1/2) acres.
(6) For specularive building use, at least one (1) off-street parking space
shall be provided for each 700 square feet of floor azea on lots of less
than one and one-half (1-1/2) acres.
11.18 .
(7) The specularive parking ratio will be used for all mixed uses unless
the owner agrees to enter into a written agreement, in recordable form,
with the City, in which the owner represents to the City what the rario
of all uses in the building will be upon this happening, the parking rario
for the building will be determined on a pro-rata basis by the parking .
ratio per the number of square feet for each type of use which the
owner represents will be located in the use which the owner represenu
will be located in the building. After execution of this
agreement, any changes to the specified uses will require a special use
permit from the City.
(8) At least one (1) handicap off-street parking space shall be provided for
each fifty (50) spaces or fracrioa thereof.
D. Design Requiremenu:
(1) Drainage:
All driveways and parking areas, except those for less than four (4) vehicles,
shall be graded according to a drainage plan which has been approved by the
Ciry.
(2) Lighting:
Any lighting used to illuminate an off-street pazking area shall be shaded or
diffused to reflect the light away from the adjoining property and �affic.
(3) Curbing:
The entire perimeter of all parking areas in excess of four (4) stalls, access
driveways, truck loading spaces or other hard surface areas that handle motor
vehicle traffic shall be curbed with a poured six (6) inch high concrete curb and
gutter.
(a) Curbing shall be required around safety islands.
(b) Curb cuts and tamps for the handicapped shall be installed as required
by State law.
(c) Construction shall be in accordance with curbing specificarions on file
at the City.
(d) The Ciry may exempt curbing:
(1) Where the pazking lot directly abuts a sidewalk which is
sufficienfly higher than the grade of the parking lot and
sarisfies the curbing requirements.
(2) Where the City has approved future expansion.
11.19
(4) Driveway Requiremenu.
(a) A maximum driveway width of thirty-two (32) feet at the curb
opening, excluding the entrance radii can be constructed.
(b) The parking aisle shall be a minimum of twenty-five (25) feet in width
for two-way traffic and eighteen (18) feet in width for one-way traffic.
(c) The edge of the curb opening shall not be closer to the nearest portion
of a street right-of-way intersecrion than seventy-five (75) feet or two-
thirds (2/3) of the lot width, whichever is smaller.
(d) Where a"T" intersecrion exists, a drive may be located opposite the
end of the intercepted street.
(e) The minimum driveway angle to the street shall be sirty (60) degrees.
(5) All parking and hard surface azeas shall be:
(a) No closer than twenty (20) feet from any s�eet right-of-way.
(b) No closer than five (5) feet from any side lot line, eacept for a
common drive approved by the adjoining property owners and the
City.
(c) No closer than five (5) feet form any rear lot line unless adjacent to
an alley, then the setback shall be zero (0) feet.
(d) No closer than five (5) feet from the main building.
(e) Curbed with minimum driveway access radii of ten (10) feet to match
the existing street curb.
(6) Loading Docks:
(a) Outside loading docks aze to be located in the rear yard or side yazd
and be properly screened.
(b) The space needed for the loading docks must be adequate to handle the
loading and unloading needs, without obstructing the public right-of-
way.
(7) Off-s�eet parking shall be provided for all vehicles concemed with any use on
the lot.
(8) Parking lots with more than four (4) parking spaces shall be striped.
(9) Sufficient concrete area may be required for motorcycle pazking in addirion to
the required vehicle parking stalls.
(10) Bike racks may be required by the City in an area that is convenient to each
major building entrance and will not disrupt pedestrian or vehiculu tcaffic or
fue lanes.
11.20 ;
(11) Safety signs, markings and traffic conuol devices may be required to promote
vehicular, and pedes�ian safety.
(12) Parking stalls may be nine (9) feet in width for manufacturing uses, warehouses
and stora�e uses, speculative industrial buildings, and parking lots for long term
employee parkin�. (Ref. Ord. 9�2, 960)
9. L��IDSCAPE REQUIRE�fENTS
A. Scope.
All open areas of any site, except for areas used for parking, driveways, or
storage shall be landscaped and incorporated in a landscape plan.
(1) All new developments requiring a building pernut shall comply with the
requirements of this secrion.
(2) Existing developments shall comply with the requirements of this section if one
or more of the following applies:
(a) At the time of a building expansion or alteration which dictates the
necessity for addirional parking or hazdsurface areas in excess of four
(4) stalls.
(b) Building alterations which dictate a change in use such that the parking
area must be expanded in excess of four (4) stalls.
(c) Construction of addirional loading docks.
(d) Construcrion of new parking areas in excess of four (4) stalls.
(3) If full compliance cannot be achieved due to site constraints, partial comptiance
as determined by the City shall be enforced.
(4) The requirements of this secrion shall not be required for building alterations
which do not affect the exterior portions of the site.
B. Bonding Requirement
The City shall retain a performance bond, cash or letter of credit, as required in Secrion
205.05.06.A. (3) of the zoning code for one growing season after the installarion of
landscape materials is completed.
C. Plan Submission and Approval.
(1) A landscape plan shall be submitted to and approved by the City prior to
issuance of a building permit or prior to approval of outside improvements not
related to building improvements. A plan shall not be required for routine
replacement of existing materials or the installarion of new materials when not
associated with a building project.
(2) The following items shall appear in the landscape plan:
(a) Geaeral
11.21
��1))
��2))
��3))
���))
Name and address of owner/developer
Name and address of architecddesigner
Date of plan preparacion
Dates and descriprion of all revisions
((5)) Name of project or development
((6)) Scale of plan (engineering scale only) at no smaller than 1
inch equals 50 feet
((7)) North point indication
(b) Landscape Data
((1)) Planting schedule (table) containing:
a2»
ii3))
((4))
��5))
((a)) Symbols
((b)) Quantiries
((c)) Common names
((d)) Botanical names
((e)) Sizes of plant materials at time of planting
((�) Root specificarion (B.R, B& B, potted, etc.)
((g)) Special planting instrucrions
Existing tree and shrubbery, locations, common names and
approximate size.
Planting detail (show all species to scale at normal mature
crown diameter, or spread for local hardiness zone)
Typical secrions in detail of fences, tie walls, planter boxes,
tot lots, picnic areas, berms, and other similar features.
Typical sections of landscape islands and planter beds with
idenrificarion of materials used.
((6)) Details of planting beds and foundation plantings.
((7)) Note indicating how disturbed soil areas will be restored
through the use of sodding, seeding, or other techniques.
((8)) Delinearion. of both sodded and seeded azeas with total areas
provided in square feet, and slope information.
((9)) Coverage plan for underground irrigarion system, if any.
((10)) Statement of symbols, to describe exterior lighting plan
concept.
11.22
(c) Special Condirioas:
Where landscape or man-made materials are used to provide required
screenin� from adjacent and neighboring properties, a cross-secrion
shall be provided through the site and adjacent properties to show
property elevarion, existing buildings and screening in scale.
D. Landscaping vlaterials; Definirions.
All plant materials shall be living plants. Artificial plants are prohibited.
(1) Grass and ground cover.
(a) Ground cover shall be planted in such a manner as to present a fmished
appearance and reasonably complete coverage within twelve (12) months after
planting, with proper erosion conh�ol during plant establishment period.
Exceprion to this is undisturbed areas coataining narival vegetarion which can
be maintained free of foreign and noxious materials.
(b) Accepted ground covers are sod, seed, or other organic material. The use of
' rock and bazk mulch shall be limited to azeas around other vegetation (i.e.
shrubs) and shall be contained by edging.
(2) Trees.
(a) Over-story Deciduous.
((1)) A woody plant, which at maturity is less than thirty (30) feet in height,
with a single trunk un-branched for several feet above the ground,
having a defined crown which losses leaves annually.
((2)) Such trees shall have a 2%: inch caliper minimum at planting.
(b) Omamental.
((1)) A woody plant, which at maturiry is less than thirty (30) feet in height,
with a single trunk unbranched for several feet above the ground,
having a defined crown which losses leaves annually.
((2)) Such trees shall have a 1'/: inch caliper minimum at planting.
(c) Coniferous.
((1)) A woody plant, which a maturity is at least thirty (3)) feet or more in
height, with a single trunk fully branched to the ground, having foliage
on the outermost portion of the branches year-round.
((2)) Such trees shall be six (6) feet in height at planting.
(3) Shrubs.
(a) Deciduous or evergreen plant material, which at maturity is fifteen (15) feet in
height or less. Such materials may be used for the formation of hedges. Such
materials shall meet the following minimum standards at time of planting:
11.23
(( i)) Dwarf deciduous shrubs shall be eighteen (18) inches tall.
((2)) Deciduous shrubs shall be twenty-four (24) inches tall, except as in
Secrion D below.
((3)) Evergreen shrubs shall be of the eighteen (18) inch classificarion.
(4) Vines.
Vines shall be at least twelve (12) inches high at planting, and are generally used in
conjunction with walls or fences.
(5) Slopes and Berms.
(a) Final slope grades steeper than 3:1 will not be permitted without special
approval or treatment such as terracing or retaining walls.
(b) Earth berm screening parking lots and other open areas shall not have slopes
exceeding 3:1. A minimum three (3) foot berm is required.
E. Perimeter Landscaping; Standards.
(i) In order to achieve landscaping which is appropriate in scale with the size of a
building and site, the minimum standards apply:
(a) One (1) tree for every one thousand (1,000) squaze feet of total
building floor area or one (1) tree for every fifty (50) feet of site
perimeter, whichever is greater. A minimum of thirty (30) percent of
the trees required will be coniferous.
(b) Two (2) omamental trees can be subsrituted for every one (1) over-
story deciduous shade tree. In no case shall ornamental trees exceed
fifty (50) percent of the required number of trees.
(c) Parking and driving areas between the building and frontage street shall
be screened in the fotlowing manner:
((1)) A continuos mass of plant materials; minimum of three (3)
feet in height at time of planting; or
((2)) A continuos earth berm with slopes no greater than 3:1 and a
minimum of three (3) feet in height; or
((3)) A combination of earth berms and plant materials such that a
minimum of three (3) feet of continuos screening is achieved.
F. Interior Parking Lot Landscaping Standards
(1) All parking areas containing over one hundred (100) stalls shall include
unpaved, landscaped islands that are reasonably distributed throughout the
parking area to break up the expanses of paved areas. Landscaped islands shall
be provided every two hundred fiiiy (250) feet or more of uninterrupted parking
stalls.
11.24
,
-,
(2) All landscaped islands shall contain a minimum of one hundred eighry (180)
square feet with a minimum width of five (5) feet and shall be provided with
deciduous shade uees, or oraamental, or ever�reen trees, plus gound cover,
mulch, and/or shrubbery, in addirion to the m;n;mum landscape requirements of
this ordinance. Parking area landscaping shall be contained in planting beds
bordered by a sir (6) inch raised concrete curb.
(3) Trees shall be provided at the rate of one tree for each fifteen (15) surface
parking spaces provided or a fraction thereof.
G. Screening and Buffering Standards
(1) Where the parcel abuu pazk or residentially zoned property, there shall be
provided a landscaped buffer which shall be constructed in the following
manner:
(a) A screening fence or wall shall be constructed within a five (5) foot
strip along the property line (s) abutting the pazk or residentially zoned
property. Said fence or wall shall be constructed of amacrive,
permanent fuushed materials, compatible with those used in the
principal structure, and shall be a minimum of six (6) feet high and a
ma.cimum of eight (8) feet high. Chain link fences shall have non-
wooden slates when used for screening purposes; or
(b) A planting screen shall be constructed in a fifteen (15) foot strip and
shall consist of healthy, fully hardy plant materials and shall be
designed to provide a minimum year-azound opaqueness of eighty (80)
percent at the time of maturity. The plant material shall be of su�cient
height to achieve the required screening. Plaating screens shall be
maintained in a neat and healthful condition. Dead vegetarion shall be
promptly replaced.
(c) If the existing topography, natural growth of vegetarioa, permanent
buildings or other barriers meet the standards for screening as approved
by the City, they may be subsrituted for all or part of the screening
fence or planting screen.
(2) All loading docks must be located in the rear or side yards and be screened with
a six (6) foot high minimum solid screening fence if visible from a public right-
of-way or if within thirty (30) feet of a residential dis�ict.
(3) All external loading and service azeas accessory to buildings shall be completely
screened from the ground level view from conriguous residential properties and
adjacent s�reets, except at access points.
H. Credit for Lazge Trees
The total number of required over-story trees may be reduced by one-half (1/2) tree for each
new deciduous tree measuring three (3) inches or more in diameter, or each new coniferous
tree measuring eight (8) feet or more in height. In no event, however, shall the reducrion be
greater than twenty-five (25) percent of the totat number of trees required.
11.25
Credit for Esisting Trees
The total number of required new ove�-story trees may be reduced by the retention of
existing over-story trees provided that the following condirions are sarisfied:
(1) Such trees are four (4) inches or greater in caliper measured six (6) inches from
soil level.
(2) For each existing tree meetiag the requirement, two trees as required in section
D above may be deleted.
(3) Proper precaurions to protect trees during development shall be indicated on
gradin� plans submitted for plan review. Such precautions are outlined in
secrion J. These precautions shall be included in the landscape surety.
Irrigation.
Underground imgarion shall be required to maintain all landscaped, boulevard, front and
side yard areas.
K. Installarion.
(1) The following standards shall be met when installing the required landscaping:
(a) Plant materials shall be located to provide reasonable access to all
urilities.
(b) All required screening or buffering shall be located on the lot occupied
by the use, building, faciliry or structures to be screened. No screening
or buffering shall be located in any public right-of-way.
(c) Sodded areas on slopes shall be staked.
(d) Seeded areas shall be mulched with straw to prevent erosion. Hydro
mulching is acceptable.
(e) Oak trees shail be surrounded by snow fence or other means at their
drip line to prevent compaction of their root systems.
(� Plantings shall not be placed so as .to obstruct lines of sight at street
corners and driveways.
(g) No plant materials reaching a mature height of twenty (20) feet or more
shall be planted within a twenty-five (25) foot lineal path of the
centerline of an overhead power line.
(2) the applicant shall install all landscape materials within one yeaz; but shall have
three (3) years within which to install the required landscaping if the following
minimum standards are met:
(a) First yeaz
((1)) All grading is completed, including installation of berms.
11.26
((2)) The required irrigarion system is installed.
((3)) Areas to be seeded and/or sodded are installed.
((4)) Screening for adjacent residential areas is installed, if
required.
((5)) Twenty-five (25) percent of the required over-story trees are
installed.
((6)) Twenty-five (25) percent of the perimeter landscaping is
installed.
(b) Second year
((1)) The remainder of the perimeter landscaping is installed.
((2)) Interior landscaping is installed.
((3)) Fifty (50) percent of the remaining required over-story trees
are installed.
(c) Third year
Any remaining landscaping shall be insWlled.
L. Maintenance.
(1) The property owner shall be responsible for replacement of aay dead trees,
shrubs, ground covers, and sodding. If any plant materials are not maintained or
replaced, the property owner shall have, upon written notificarion from the City,
one growing season to replace said materials before the City shall maintain or
replace said plant materials and assess the property for the costs thereof. Plant
materials need not be replaced specie for specie; however, in no case shall the
number of plant materials be reduced from the minimum that is required by this
secrion when replacing dead plant materials.
(2) Screen fences and walls which aze in disrepair shall be repaired.
(3) All vacant lots, tracts, or parcels shall be properly maintained in an orderly
manner free of litter and junlc. (Ref. Ord. 960)
10. PERFORAMCE STANDARDS
A. Pazking Facilities.
All driveways, pazking areas and loading docks shall be surfaced with blacktop, concrete or
other hard surface material approved by the City.
B. Exterior Storage.
The exterior storage of materials, motor vehicles, and equipment shall comply with Secrion
205.18.O1.C. (11). (Ref. Ord. 995)
11.27
C. Refuse.
Ail waste materials, refuse or garbage shall be contained in closed containers as required
under the Chapter entitled "Waste Disposal" of the Fridley City Code.
D. Screening.
(1) Screenin� of off-street parking shall be required for:
(a) Any off-street parking azea visible &om a public right-of-way.
(b) Any driveway to a parking area adjoining a public right-of-way.
(2) Where any indus�-ial district is adjacent to a public right-of-way or across from
� any residential district, the following requirements must be met:
(a) There shall be a five (5) foot sidewalk easement provided along the
property line.
Council may allow the applicant to delay the installation of the
sidewalk, if the applicant signs an agreement that it will be constructed
when the City requires the installadon.
(b) There shall be a fifteen (15) foot planting strip located behind the
required sidewallc, that is substanrial enough to create a physical
separarion between the public right-of-way and the industrial properry.
(3) All trash or garbage storage receptacles must be located in the rear or side yard
and be totally screened from view from any public right-of-way. Provisions
must be taken to protect screening firom vehicle damage.
(4) All raw materials, supplies, finished or semi-finished products and equipment,
not including motor vehicles, shall be stored within an enclosed building or be
screened on all sides from view from a public right-of-way or an adjoining
property of a different district by a fence or other approved screen which
extends two (2) feet above the highest item to be stored with the height not to
exceed eight (8) feet except where materials and equipment aze being used for
construcrion on premises.
11.28
CITY OF FRI�
DESCRIPTION OF REQUEST
Gary Brewster, Roslyn Park Wesleyan Church is requesting a rezoning of property from R-
2, Two Family Residential, to R-3, Multi-family Residential. Currently, half of the church
property is zoned R-2, while the other half is zoned R-3. A rezoning would allow the entire
church property to be zoned consistently. The Church has long range plans for expansion
and would prefer to rezone the property now to facilitate their plans.
SUMMARY OF ISSUES:
Both Sections 205.08.01.0 and 205.09.01.0 of the Fridley Zoning allow churches as a Special
Use Permit. The surrounding land is a mix of R-2 and R-3 properties. Compatibility is a
key factor. As either R-2 or R-3 the land passes the test for rezoning. Allowing the
rezoning as requested would not be inconsistent with the zoning patterns and existing uses
in this area.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission recommended approval of rezoning request ZOA #98-02, without
stipulations.
RECOMMENDED ACTION:
Staff recommends that the City Council hold the public hearing.
12.01
Staff Report
ZOA #98-02 & SAV #98-02, 5300 6�' Street NE
Page 2
Petition For:
Location
of Property:
A rezoning of property from R-2, Two Family Residential, to R-3, Multi-family
Residential.
5315 5� Street N.E. and 5300 6th Street N.E.
Legal Descript.
of Property: Lots 11-21, Block 15, Hamilton s Addition to Mechanicsville
Lot Size:
Topography:
Existing
Vegetation:
Existing
Zoning/
Platting:
Availability
of Municipal
Utilities:
Vehicular
Access:
Pedestrian
Access:
Engineering
Issues:
Comp.
Plan Issues:
Public
Hearing
Comments:
60,131.2 s.f.,1.38 acres
Relatively flat
Urban Landscape
R-3, General Multiple Unit / R-2, Two Family Unit
Utilities available
53rd Avenue N.E. and 6� Street.
NA
A storm pond will be required as part of the master plan for this site.
Calculations and pond design will be required prior to the first building permit to
be issued on this project.
The zoning and use of this land are consistent with the Comprehensive
Plan.
To be taken
12.02 ,.
Staff Report
ZOA #98-02 & SAV #98-02, 5300 6`" Street NE
Page 3
Site Planning
Issues:
NORTH: Zoning: R-1, Single Family
R-2, Two Family
EAST: Zoning: R-2, Two Family
ADJACENT SITES
Land Use: 1 and 2 Family Residential
Land Use: 1 and 2 Family Residential
SOUTH: Zoning: City of Columbia
Heights Land Use: Residential (single and multiple)
WEST: Zoning: R-3, Multi-Family
Residential Land Use: Residential, Primarily Single Family
DEVELOPMENT SITE
RE UEST
Gary Brewster, Roslyn Park Wesleyan Church is requesting a rezoning of property from R-2,
Two Family Residential, to R-3, Multi-family Residential. Currently, half of the church property
is zoned R-2, while the other half is zoned R-3. A rezoning would allow the entire church
property to be zoned consistently. The Church has long range plans for expansion and would
prefer to rezone the property now to facilitate their plans.
SITE DESCRIPTION/HISTORY
Hamilton s Addition to Mechanicsville was platted in 1886
On August 7,1956 a building permit was issued to construct the Roslyn Park Church.
On March 15,1965 a building permit was issued to create the Parsonage.
The parsonage is on a parcel that is zoned R-3. The Church is on a parcel that is zoned R-2.
As a result, the petitioner has requested a rezoning of the R-2 property to R-3. Both districts allow
churches as a special use. The language regarding churches is identical in the two districts.
However, staff has taken the same approach to analyzing this request as if another R-3, Residential
use were being considered.
Evaluation of the Rezoning Criteria
Compatibility of the proposed use with the proposed district.
The proposed use of the site is to provide for future expansion of the church and associated parking.
Compatibility of the pxoposed district with adjacent uses and zoning.
The proposed district, R-3, General Multiple Units District is compatible with adjacent uses and zoning.
12.03
Staff Report
ZOA #98-02 & SAV #98-02, 5300 6`� Street NE
Page 4
The use of the subject parcel as it is currently zoned would not be limited (for the intended purpose) by its
zoning. However , other idiosyncrasies about two zoning classifications make rezoning an attractive option.
Compliance of the proposed use with the proposed district requirements
Setbacks
The future site plan meets the minimum requirements of the R-3, General Multiple Unit District
requirements, if the alley were vacated and lots consolidated.
Drainage
The engineering department will require that the drainage plan meet the requirements of the Six Cities
Watershed Management Organization. Storm water will be required to be managed on site and then released
into the storm water system located adjacent to the site.
Landscaping
A future landscape plan would be required. Final landscape plans must meet or exceed the requirements of
the C-2 District.
Also, the parking lot will require additional plantings to provide additional screening of the parking lot from
the public right-of-way.
Building Materials
Code requires that commercial buildings be constructed of masonry units specifically designed as finished
exterior surfaces. These materials include: brick, rock face block, etc. The future building addition will be of
materials to blend with the original architecture of the church.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission recommended approval of rezoning request ZOA #98-02, without
stipulations.
RECOMMENDED ACTION:
Staff recommends concurrence.
12.04 �
(Columbia
��s �n«B:
C] t�1 - a,e Farriy Uni1s
a�= 1�2 - Two Farrily Urrts
0 � - cener� n�►wpe urns
� R 4- Ak�bite Fiorne Parks
� PUD' Rarried Urrt De�oprr�r�
� S-1 - H�le Park Neighborhood
[� G1 - � Ofstrict
G2 - Generdi Business
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� PoC'FR'-OF W4Y
),
Alley Vacation & Rezoning
Petitioners: Raslyn Park
Wesleyan Church
Alley Vacation: SA V #98-02
Rezoning.• ZOA #98 02
Zoning.• R 2& R-3, Resic��ttial
530�0 6th Streetl�'�'- -----
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!
CONSULTING ENGINEERS
ULTEIG ENGINEERS, iNC.
5201 EAST RIVER ROAD, SUITE �00 MINNEAPOl15, MN 55421
May 5, 1998
Gary G. Brewster, Pastor
Roslyn Park Wcsleyan Church
5300 6ch St. NE
i;ridley, MN 55421
RE: Sile Layout Options
UEI Project # 96723
Gary:
PHONE 612-577•2500
FAX 812-571-1168
The proposed improvcmcnts to the Roslyn Park Wesleyan Church include constructing
additions of 4630 s.f. to the existing Church (1590 s.f. in Phase 1) and expanding the
��arking lot in order to maximize parking available on the property. With regard given to
Cily requirements for ponding and traffic flow characleris[ics, we considered scveral
parking lot arrangements. Of �hcse, four options were revicwed in depth and can be seen
on sllcets 1-4 of the Roslyn Park Weslcyan Church plans. Consideration was also given
to the excavation nccessary to improve the site and the temporary stocmwater ponding
required to construct the first addition to the existing Church.
Thc available parking on site can be maximized at 67 parking stalls as seen in Options 1
and 2. Option 1 provides 1308 c.f. of ponding between the Sth St. right-of-way and the
parking lot, and by grading into the Sth St. right-of-way, Option 2 provides 1859 c.f. of
ponding. In bolh options, the ponds are being released to the calchbasin in the northeast
corncr of the intersection of S�h St. and 53rd Ave. N.E. City ponding requirements,
however, state ponding must be provided to storc 100°Io of the runoff increase due to
improvements for a 100-yr. storm event. Therefore, 4560 c.f. of ponding must be
provided, and Options l and 2 do not meet this requirement without a City variance.
In order to provide the necessary ponding, some parking stalls need to be eliminated.
Option 3, wilh 61 parking stalls, has si►nilar traffic flow to Options 1 and 2. However,
�arking stalls at the southwest corner of the lot have been eliininated to provide 5100 c.f.
of pond storage. By adding anothcr entrance on Sth St. and creating a second parking lot
on the west side of the property, Option 4 has 63 parking stalls with space for 4630 c.f. of
pond storage. Both ponds in Options 3 and 4 are also to be released to the same
catchbasin as described above. Option 4 provides two more stalls than Option 3;
however, an extra entrance is necessary and the western lot would be separated from the
rest of the parking lot. Therefore, Option 3 is recom►nended to provide the most parking
while mceting City ponding requirements and offering the smoothest traffic flow
charactcristics.
;.�� �•�
. :
C E
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12.06
EQUAL Y EMPLAYER
In orcier to construct thc new parking lot on the west side of the property, approximalely
1600 cy of dirt will need �o be excavated. By crea�ing berms and landscaping, 150 cy
may be used on site, but roughly 1450 cy will nccd to be haulecl off site.
The temporary stormwater storage necessary per City requirements for the construction of
the first addition to the existing Church is 424 c.f. or roughly a 15' x 15' x 2' pond. It is
recommendcd that the temporary pond bc constructed in the same location as the
permanent water quality pond discussed above in Option 3.
If you have any morc questions or comments, plcasc feel frec to contact me at 571-2500.
Sinccrely,
. l,
� �,�LL� j�'���� -
Gerald P. Floden, P.E.
12.07
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CITY OF FRIDLEY
6431 UNIVERSITY AVENUE
FRIDLEY� MN 55432
(612) 571-3450
COMMUNITY DEVELOPMENT DEPARTMENT
APPLICATiON FOR:
�! Rezoning Zoning Text Amendment
PROPERTY INFORMATION: - site pian required for submittal, see attached
Address:
Property Identification Number:
Legai Description: Lot Biock �5 TracUAddition
Current Zoning: � � Square footage/ac�reage:
Requested Zoning: 2 3 Reason for Rezoning: ?:� � ��_�_�,� J/G+�Q��: �_ �_ L�.
,�.�..1c�G ��,;i:-� �l:_ �:�rs- r� �,�: +i a�+K� -%�_ � � � � ;� �
Z .� ,..1: ,o.: .� ?1 'vt �o;CEGP.(au
Or, Section of Zoning Code to be�Changed: __ rs,.; ���,.��t, ��I =E�����3��
(Attach requested language) Reason for Change: .{ ��' =�..iJ�, ,� ��� � �'., , �.� � , �. u ,. �:.�
Have you operated a business in a city which required a business license?
Yes No ✓ If Yes, which city?
If Yes, what type of business?
Was that license ever denied or revoked? Yes No
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FEE OWNER INFORMATION (as it appears on the property title)
(Contract purchasers: Fee owners must sign this form prior to processing)
NAME:
ADDRESS:
DAYTIME PHONE: SIGNATURE/DATE:
�����������������������������������������������������������������
NAME: i�v s/uti l�a,rK (,�)es �e_UQ,r,L C1i. �c�-c.%�.
ADDRESS: 5.3oa ,6 �I , Sf: ,X/F_
DAYTIME PHONE: �702 - 86 9� SIGNATURE/DATE:
FEES /
Fee: $500.00 ✓ Rezoning�$300.00 Zoning Text Amendment
Application Number: vz *�-qgo2Receipt #: Received By:
Scheduled Planning Commission Date: �
Scheduled City Council Date: S�
10 Day Application Comptete Notification Date: J,
60 Day Date: S�
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MEMORANDUM
PLANNING DIVISION
DATE: Thursday, September 10, 1998
TO: Wiliiam W. Burns, City Manager ���
FROM: Barbara Dacy, Community Development Director
Scott Hickok, Planning Coordinator
RE: Public Hearing on Zoning Text Amendment, ZTA #98-01,CeIINet Data Services
(MSP), Inc.
On September 2,1998 the Planning Commission held a public hearing and recommended approval of Zoning
Text Amendment, ZTA #98-01, by CeIINet Data Services.
CeI1Net Data Services has applied for a text amendment to the City Code to allow "Automatic meter reading
systems." Automatic meter reading systems are the next step in the telecommunications industry. They are
basically boxes, which can be mounted on telephone or light poles, that are able to read utility meters. They
relay the information from a utility meter in a residence or business to the utility company. A definition for them is
on the following pages. � �
Ordinance No. 1112 added the new Section 205.29 to the City Code. This section established the O-5,
Telecommunications Towers and Facilities District, which regulates telecommunications services. This section
does not reflect the new technology of the automatic meter reading systems. Approximately 140 automatic
meter reading systems have been proposed for Fridley (see attached map). Under Ordinance No. 1112, the
majority of the automatic meter reading systems would each have to go through the special use permit process.
Tonight the City Council has an opportunity to further review and discuss this amendment as part of their public
hearing process. The text amendment would allow automatic meter reading systems as a permitted use in any
district. Even though the automatic meter reading systems would be allowed as a permitted use, the company
installing them would have to register with the City and for each microcell facility, a user fee and an individual
automatic meter reading systems permit would be required. The registration fee and user fee are required by
Chapter 407. Chapter 407 is entitled "Right-of-Way ManagemenY' and was created by Ordinance 1116.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission recommended approval of the proposed text amendment, ZTA #98-01, as presented.
RECOMMENDED ACTION
Staff recommends that the City Council conduct the public hearing. First reading of the ordinance is scheduled
later in Monday's agenda.
13.01
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July 10, 1998
BY FACSII�IILE and
BY MESSEYGER
Scoa Hickok
Ciry of Fridley
6431 University Aveaue
Fridley,ll�L�1 5�432
LEONARD, S'I'REET AND DEINARD
pRQfESS(O:IAL .�SSOCIATtON
Re: Cdl��fet Data Serviccs (MSP), Inc. (�CellNet")
Dear Scott:
Susan S. Fauver
Writer's Dirccc Dial Numbtr
6I2-33�-1439
Enclosed are thc follovring docutnents: • �
(1) a completed Application for a Zoain� Text Amendment and a check payablt to th� City
of Fridley in the amount of 5300 for the Application fce;
(2) proposed language for an ordinancc regarding the location of microcell facilities on
public utility structures; and
(3) a proposed Encroachment Agreemeat regazding the microcell facilities that is modeled
a.fter similar Agreements that Ce11Net has entered into with the cities of Maple Grove and
Bloomington.
As you aze aware, Ce11Net is making the qpplication for a Zoning Text AmendmEnt in order to
satisfy condition number 8 to the staff's recommendation for approval of Ce11Net's Special Use
t'ermit relating to installation of equipment on an existing tower. In addition, adoption of an
ordinance regarding microcell faeilities will facilitate the development of CellNet's service
network.
�
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July 10, 1998
Page 2
Piease contact me with any questions or comments yau may have. Thank you.
vrn n�y yo�,
LEO�ARD, ST�tEET �ND DEIV
' � �
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Susan S. Fauver
ssf/cm
Enclosure
cc: Tom Frerich (b�' facsimile w/enclosure)
Grcgg Larson (by facsimile w/eaclosure)
James J. Ber�and, Esq. (w/o enclosure)
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2� �O /iI !� (/L �(. METER
RE.�DING AND YOUR COMMUNITY. . .
�TS P's automated meters are equipped with a radio
cransmitter that allows us to read them remotely.
Follo�ving are the major steps that will be taken in
each communiry:
♦ Communities are sent a letter introducing
the project
♦ Communities are concaaed by an NSP representa
tive regarding the network installation and meter
automation in their community
♦�er Ce11Net and NSP receive approval, MicroCell
Controllers are installed
♦ Customers have an automated meter installed
♦ NSP meter readers continue to read meters
manually for up to three months to ensure the •
network is working appropriately
�4-; ♦ NSP bills off the
-�=�,.
' `� automated meter reading
♦ Customers recei�e a monthly NSP
bill that looks the same as
��E'_ _�: . , __.. `�� it does now
CellMaster
MicroCtll Consroller
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MicroC�ll Controllrr (Closc up)
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Today we replaced your electric meter.
This new� meter is equipped with the very
latest in technolog}! It is iead by radio
si�-nal. Electronically read meters will .
almost eliminate the need to estimate bills; �.
they provide accuiate readi.ngs each and �: :
every month. = • . . . �
�aS d� � S�'i: l.o:�-4erii �% ��� �eS:�n� s
�,pai I �e�nTS !�"' J�..�� ��FSgJ.
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How the new meter works.
��
Tne new• metzr uses a radio si?naI co send infoc�arion
about your montfily eiectric usa�e to a nearby
transmitter. Tbat transmitter sends the informaaoa to
NSP's central billin� computers etectroaicaIly.
How your bills will be affected.
Your \tSP bill will look the same, and aZll contiaue
to arrive on a monthly basis. We want to make sure
the system is worlcing appropriateIy, so a meter reader
will continue to come to your home or business
to double-check the readings for up to tiuee months
before we transfer you to the automatic meter
reading rystem. � - � .
W.��at you may notice today.
' Your power may have been out for up to 5 mi.nutes
during the installation of your new meter.� Here are
some tips to get you moving aQain: �_:.
�O. � Reset any digital clocks . �. . : � . . -
�-. _- � • Turn on your cable TV box; and malce suie your TV
.� is set to the proper cable channel
• Reset your electric garaQe door opener by pulling
the release cord � � � •
:• You. may have to reset circuit breakers or �
� .replace fuses �- _ -.
_ More questions? =? ��: �: _ - - . . � ._ ". . . . _
' ' - '': " .. - � ~ t �` - -
� •� To find out more about the meters in eneral ��ou can `'��
.. _ 8 � Y =;�::
� call Ask NSP at (800)�432-7677, and listen to aiessage �� r� �
�222. You'll quickly get ansvvers to frequently asked - -
questions.�Call the i�ISP Customer Business Office at _.
(800) 89�-4999 for spec�c questions about the new �>�.
. meter or your bills...:. _.. _: � �' =,: � - . � � �: --
� We're pleased to be yoiu�.energy pio�ider, and thank -:
• you for bein� a customer: � �� � �. . .. = _ "- -
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6431 U NIYERS�TY AVENU E
FR1DLFll, NN 5�t32
(612) 571-34,50
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CO�lMUNITY DEYE�OPMF.NT DEPART�+lENT
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APPLICATION FQR:
Rezoning x_Zoning Text Amendment
rrtc�t'tK 11r INFpRMAT]ON: - site pEan required for subrritttai, see attached
Address:
Property Ident'rficativn Number
' Legai Description: �ot Blocic � Tract/Addition
Curre�t Zoning: Square footagelacreage:
Requested Zoning: Reason for Rezoning:
Or, Section of Zoning Code to be Changed
(Aitacfi requested language) Reason for Change:
Have you operated a business in a c'�ty which required a business license?
Yes � Nv � If Yes, which at}n
lf Yes, what type of business? .
Was that license ever denied or revoked? Yes � No
----.�...._,.
,"_,..,,,,_,,,.,.
FEE OWNER iNFORMATIQN (as it appears on the property title)
(ConVact purchasers: Fee owners must sign this form prior to processing)
NAME:
ADDRESS:
OAYTIME pHONE: SIGNATUREJOATE: �
PETiT10NER INFORMATION �
NAME: Ce11Net Data Services (MSP), Inc. �
ADDRESS: 414 Nicollet Mall, Minnea olis, MN 55402
bAYTJME PHONE: 61 -338-2625 SIGNATUREIDATE: _ .�/10/92
FEES " �
-___�.
F�= s�•04 Retoning 5300.00 X Zoning Teact Amendment
Apptic,ation Number: ZsA ���•oi Receipt #: Received By.
Scheduled Planning Commissiart Date: n;�: �' �5�5
Scheduled City Council Date: -' � � � - •
: _; ; .:., �,
10 Day Appiication Complete Noti�cation Date: _� • •
60 Day Date: �,,;: ���
JUN 26 .' 98 1 I� 09
13.07
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City of Fridley
TO: William W. Burns, City Manager ��'��
FROM: John G. Flora� Public Works Director
DATE: September 14, 1998
SUBJECT: Supplemental Public Hearing
PW98-190
Y
With the County's decision to adjust the alignment of Central Avenue in conjunction with their
improvement project, they propose to shift the road 4 feet to the west and 4 feet to the east. The original
plan was to move the road 8 feet to the west. Accordingly, a public hearing was held and those residents
on the west side of the improvement project were advised of a possible assessment. No notice was made
for the east side.
In addition to the major project, the County is proposing to mill and overlay that section of Central Avenue
south of Rice Creek and in that process it is proposed to complete the concrete curb on the remaining portion
of Central Avenue north of 66�' Avenue that does not have concrete curb. This azea has also not been
notified of a possible concrete curb assessment.
To proceed with this project and assess for the improvements, the Council needs to schedule a supplemental
public hearing for the assessments south of 69�' Avenue and east of Central Avenue to properly notify the
residents of the pending assessment.
JGF:cz
14.01
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September 10, 1998
John (3. Flora
Director of Public Works
City of Fridiey, MN
Dear Mr. Flora
As a homeowner with property abutting the current Central Ave Improvement project, I recenfly received
notice from the City of Fridley regarding a Sept. 14, 1998 hearing to consider comments for proposed curb
and gutter assessments. This letter contains my comments and questions on the curb improvements and I
would appreciate their inclusion in the hearing proceedings should I not be able to attend.
I am located at 1310 - 69th Ave NE, the SE corner lot at the intersection of 69th Ave with Central Ave. I
have approximately 110 feet of concrete curb/gutter fronting the 69th Ave. side and another 25 feet on the
Central Ave. side. The remaining 250 feet on the Central Ave. side is asphalt curb.
In a phone conversation I had with you on 08 Aug. 1998, I understood you to say that Fridley city policy is
to assess homeowners for the cost of concrete curb and gutter on the running distance of street frontage,
taken to mean the distance on the street side from which the residential address is determined.
What I would like to clarify with you is the policy concerning side street curb and gutter assessment for
residences situated on corner lots. My recollection is that the side yard curb and gutter is not assessed to the
homeowner and that only curb/gutter along the running front distance is subject to the assessment.
I would like to receive a written response from your office regarding the city's official position on whether
and how I would be affected by the proposed assessment. I would appreciate if you could send a response to
me prior to the hearing date at the address or FAX numbers below.
Thanks for you attention to my concerns.
Regards,
.-.
f� % �//
�L�_. �! .�TL✓��-T.�it..: t�.��-
Richard Weispfenning �
1310 - 69th Ave. NE, Fridley, MN 55432
Phone: 612-514-6286
FAX: 612-514-5A99'
3� 4Z-
cc: [Name]
CITY OF FRIDLEY
NOTICE OF SUPPLEMENT PUBLIC HEARING ON
CENTRAL AVENUE IMPROVEMENT NORTH OF 66''H AVE
WHEREAS, the City Council of the City of Fridley, Anoka County, Minnesota, has deemed it expedient to receive
evidence pertaining to the improvements hereinafter described.
In conjunction with the County's improvement and mill and overlaying of Central Avenue, concrete curb and gutter
will be placed on both the east and west side of the project where none is currently in place. In consistency with the
City Policy, properties that have not paid for concrete curb and gutter will be assessed for this improvement.
NOW, THEREFORE, NOTICE IS HEREBY GIVEN THAT on the 14�' day of September, 1998, at 7:30 pm the City
Council will meet at the Fridley Municipal Center Council Chambers, 6431 University Ave., N.E., Fridley, MN, and
will at said time and place hear all parties interested in said improvements in whole or in part.
The general nature of the improvements is the construction (in the lands and streets noted below) of the following
improvements, to-wit:
CONSTRUCTION ITEM
Street improvements, including grading stabilized base, hot-mix bituminous mat, concrete curb and gutter, storm
sewer system, water and sanitary sewer, landscaping, and other facilities located as follows:
Partiallv Assessed Concrete curb and gutter not-to-exceed $11.00 per front foot
Central Avenue North of 66� Avenue
All of the land abutting upon said streets named above and all lands within, adjacent and abutting thereto.
All of said land to be assessed proportionately according to the benefits received by such improvement.
Hearing impaired persons planning to attend the public hearing who need an interpreter or other persons with
disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than September 1, 1998.
Published: FRIDLEY FOCUS:
August 20, 1998
August 27, 1998
September 3, 1998
14.03
August 7, ] 998
Subject: Concrete Curb Assessment
Dear Resident:
PW98-150
The County is scheduling an improvement of Central Avenue. In conjunction with the improvement,
concrete curb and gutter will be placed on both the east and west sIde of the project where none is
currently in place. In consistency with the City's policy, the concrete curb and gutter will be assessed
to the abutting property owners at a cost not-to-exceed $1 1.00 per front foot. As a result of this
improvement, a supplemental public hearing is scheduled at the Municipal Center in the Council
Chambers on September 14, 1998 at ?:30 p.m.
lf you have any questions, you may contact me at 572-3550 or attend the meeting.
Sincerely,
John G. Flora
Director of Public Works
]GF:cz
14.04 �
;
_ _,
Rodger P. McCombs
v ca �res�Cent. 8usmess Shared SeNices
August 7, 1998
Mr. Bill Burns
City Manager
City of Fridley
6431 University Avenue, NE
Fridley, MN 55432
Dear Bill,
Medtronic, Inc.
3850 Viccona Street Nortn
Shoreview. MN 5�126-?979
Intemet: www.mectcrornc.ccm
Teieprcne: (6i2) 5ta-2333
FAX: (612) St:t-234;
This letter is a confirmation that Medtronic agrees with the plan to install a new curb on the �t
� of Central Avenue N.E. starting at 69th Avenue and going north. This will include our two
entrances.
We understand the curb on the west side was in the original project approved by the City.
Thank you for your involvement in adjusting the scope of this project to better meet our mutual
expectations.
Sincerely,
c Dan Fleischer, Medtronic
John Flora, City of Fridley
Donn Hagmann, Medtronic
Dennis McCazdle, Medtronic
14.05 ;
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LJ�
�• •
August 10, 1998
Mr. Bill Burns
City Manager
City of Fridley
6431 University Ave NE
Fridley, MN 55432
Dear Bill:
RECEIVED AUG 1 1 �g98
This letter confirms my conversation with John Flora, Director Public Works. Onan has
reviewed the plans for reconstruction of Central Avenue and understands the original
concept has been revised to include curbs and gutters on the east side from 69th
Avenue NE, no�th. We further understand that the assessment to Onan will not exceed
$11.00 per front foot and see no need for a public hearing on this issue.
Sincerely,
�
���
orwood G. (Woody) Nelson
Director Corporate Facilities
cc: John Flora
Onan Corporation 1400 73rd Aven 14.�6 inneapolis, MN 55432 (612) 574-5000
Communi
�
.
Development D��r.:.::::::.:::::::::::::::.::.::::.::::::::.:::.:
Memorandum
Date: 9/10/98
To: William W. Bums, City Manager ,� ��
From: Barbara Dacy, Community Development Director
RE: First Reading of Ordinance Creating Special District for the Onaway Addition and other
amendments
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M-192-1998
9/10/98
Commission recommended approval of an ordinance to create a special zoning district
ay Addition and to reduce the minimum lot size in the M-2 Heavy Indastrial District
s to 62,000 square feet. The attached ordinance reflects the Planning Commission
�on and includes the necessary amendments to recodify the code to allow for the new
ordinance also rezones the Onaway Addition to the new special district, S-3, Heavy
awav Addidon District
� the City Council adopt the ordinance for first reading. Second and final reading
for the September 28, 1998 Council meeting.
15.01.
ORDINANCE NO.
AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 205,
ENTITLED "ZONII�TG", BY ADDING NEW SECTION 205.25, "S-3, HEAVY
INDUSTRIAL, ONAWAY ADDITION DISTRICT"; TO RENUMBER REMAII�TING
SECTIONS IN THE ZONING CODE; TO AMEND SECTION 205.18.03.A.; AND TO
MAKE A CHANGE IN ZOI�TING DISTRICTS
The Council of the City of Fridley does ordain as follows:
SECTION 1. That Chapter 205 of the Code of Ordinances of the City of Fridley, Minnesota, be, and
hereby is, amended by enacting a new Secrion 205.25, to be enritled, numbered and read as follows:
205.25 S-3 HEAVY INDUSTRIAL, ONANWAY ADDITION DISTRICT
205.2x S-3 ONAWAY ADDITION SPECIAL DISTRICT
1_ TITL
This Section shall be referred to as the "Onaway Addition" saecial district.
2. PURPOSE
The purpose of this special zoning district is to:
� Changg the present "legal. nonconforming use" status of the industrial
buildings on lots below 1.5 acres (65.340 s�uare feet) to a"conforming use"
status.
B. Establish a�pro riate �erformance standards to address the existing
conditions of the neighborhood, while �romoting develoament which does
not create adverse imFacts to the health. safe�y,, and welfare of the general �
area.
� Encourage additional eauansion. investment. and industrial development in
the Onaway Addition.
.� Establish �erformance standards to create attractive frontyards and
entrances to industrial properties, and to ap�ropriately screen outdoor
storage and loading..�ctivities.
� DISTRICT BOUNDARIES
The district shall include all lots platted in Blocks 1 through 8. Onaway Addition as recorded at
�lnoka County, Minnesota.
4. USES PERMITTED
�. Principal Uses.
The followin� are princi�al uses in the S-3 District:
lf,� Wholesaling, warehousing, manufacturing, construction or service uses
which will not be dangerous or otherwise detrimental to �ersons residing or
working in the vicinity and will not im.�air the use, or value of anv �ropertv
but not including.a�y uses escluded hereinafter.
j2� E�uinment assembl�plants.
15.02
� sy cleaning.plants and laundries.
j�, Railroad lines snurs,.�assenger and freight depots•
5� Hea ,vy duty rep�ir garages.
�, Transformers �urr�ing stations and substations
� Repair garages.
j$)_ Automobile Service Stations.
� Accessory Uses.
The fQll4wing are accessorv uses in the S-3 District:
�, Retail sales or servicing of Froducts manufactured or warehoused
j?.,� Offices associated with the princiAal use.
f,�, A dwellingfor a watchnerson su 'ect to the following conditions:
(� Any dwelling unit located in an industri�l structure shall not occuov
the front half of a ground floor or basement
(� A�y dwellin�unit in an industrial building.,ghall not contain more
than one (1) bedroom.
(� No detached dwellingunit shall be permitted in this district.
(�1 A dwelling «nit shall be a part of the pri �al building and shall be
orovided with an outside entrance.
f� Off'-street parking facilities.
5� Off-street loading facilities.
� ,$olar enerQV devices as an integr�part of the �rincipal structure.
� Business c;gns for �sec �ermitted.
� Uses Permitted With A Special Use Permit
The following uses are uses permitted with a Special Use Permit in the S-3 istrict•
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15.03
(� Only wall mounted s�ns subject to the limitations of Section 214 of
the Ci�y Code, shall be permitted: and
�l The buildin�owner andlor agent shall be responsible for informine
an�pr�pective tenant that the Sro er is for industrial use.
� Commercial retail service uses and Class II restaurants within office and/or
industrial buildings including those with drive-through com�onents such as
banks cleaners photo shops fast food restaurants and similar uses shall be
considered for a special use permit on an individual basis. �rovided that:
(�,l The mazimum gross floor area occupied by such uses and other
commercial uses, as aermitted by s�ecial use permi , shall not
exceed 30 percent of the buildings total floor area with no such
individual tenant exceeding 5.000 square feet:
� The Farking supaly shall be in compliance with the reauirements of
Section 205.18.5. of the Citv code and be sufficient to supnort full
occunancy of the buildine.
(�1 Onty wall mounted sign. subject to the limitations of Section 214 of
the Citv Code, shall be �ermitted:
{� The pro�osed use shall only be nermitted when it can be
demonstrated that their opgration wilt not ggnerate levets of traffic
which reduce "The Ezisting Level of Service". as defined by the
Institute of Traffic Engineers, on streets at intersections:
(,g) The proposed use. in the oFinion of the Citv Council. shall be
com�atible with the area in which it is aronosed to be located: and
� The building owner and/or agent shall be responsible for informinQ
any FrosFective tenant that the pro er is zoned for industrial use.
�41 Commercial recreation uses subject to the conditions outlined in 3b - 3f
abovg; mazimum gross floor area for both tenant size and �ercent of total
buildingshall be considered on an individual case by case basis. e(�. f. 9001
j$� Wind generators and other tower mounted energy devices.
f61 Solar energy devices NOT an integral �art of the �rinci�al structure.
� Radio transmitters and microwave towers.
�$1 Bulk gasoline and oil stations, ezceat tank farms or oil transoortation
terminals �rovided all ap.plicable safetv regulations are in comnliance
(91 The issuance of a s�ecial use �ermit shatl be required before any of the
followinQ uses shall be estabiished. reconstructed. structurally altered.
enlarged or moved. (Ref. Ord. 9951
(� Fat rendering.
(� Fertilizer manufacture.
15.04
(� Gas. illuminating or heating. manufacture.
(� Glue manufacture.
�1�) Railroad yards, roundhouses. railroad repair shoas. switching yards.
ni�gvback Yards and rail truck transfer terminal facilities Frovided that no
such uses shall be within 1.500 feet of any residential district.
(11) Junk yards or the baling of material when totally enclosed within a building
structure and the Council a�roves the location proposed.
(�) Eaterior storage of materials. e�ui�ment, or motor vehicles. incidental to the
princi�al operation of the use. egcgpt under the following conditions: ($g�
Rod�9951
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(bl Materials, motor vehicles, and ec�tinment are k�pt in a building or
are fully screened so as not to be visible from:
(j) residential district adjacent to the use, or
(iil a residential district across a public ri t-of-way for the
use. or
(iiil a aublic park adjacent to the use. or
jivl a�ublic right-of-way adjacent to the use.
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(13) Sexually oriented businesses as defined and regutated in Chanter 127 of the
FridleX.Ci��Code. Sexually oriented businesses in multi-tenant buildin�s
shall meet the standards required for commercial uses as stated in Section
205.18.O1.C. (� ^(Ref. Rod 9661
D. Additional Restrictions.
For uses, other than �rinc' al uses, requirements as to lot size, setbacks, building. parking.
landsc��g, screening. etc.. shall be at least comRarable to similar uses in other districts. but
also subject to additional provisions as �rovided bv the Citv.
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15.05
D. Stock yards or slaughter houses. exce�t of poultrv or rabbits.
E. Nuclear �rocessing or storage facilities.
F. Gas fired foundries.
(i. Asbestos manufacturing facilities.
H. Trucking Terminals.
I. Uses whose grincipal o�eration re$uires the outdoor storage of materials.
motor vehicles, or equipment. including the outdoor manipulation of said
materials, motor vehicles, or equipment.
6. LOT RFQUIREMENTS AND SETBACKS
A. Lot area.
A lot area of not less than 10 000 square feet is required for one {�,l main building,
B. Lot Width.
A lot width of 80 feet is re�uired at the re�uired front setback
C. Lot Coverage.
�� The masimum percent of the area of a lot allowed to be covered b�the main
buildin� and all accessory buildings is as follows:
(� One (�) Storv - for er� cent (40%) mazimum: fiftv �ercent (50%1
with a special use aermit as provided in (4) below.
�) Two (�� Storv - thir -five percent (35%1 masimum: fortv-five
�ercent �45%) with a saecial use Fermit as nrovided in (4) below.
(� Three (3) Storv - thir percent (30%) maaimum: fortv percent
_140°/a) with a snecial use permit as provided in (4) below.
� Four (� Storv - twen -five percent �25%) mazimum thirtv-five
aercent (35% with a special use aermit in (41 below.
(g) Five (5) Storv - twen �ercent (20%) mazimum: thirtv percent
(30%) with a special use permit as orovided in (4� below.
(t� Sig (�) Storv - fifteen ern cent (15%) mazimum: twenty-five �ercent
(25%, with a snecial use aermit in (4) below.
(21 The above lot coverage will be subject to other considerations including
parking and oaen s�ce re�uirements use of facilities and nrozimi to
other districts, which may decrease the mazimum lot coverage.
(31 The lot coverage mav be reduced by the Citv if and when there is nrovision
for underground �?�rking within the main structure urovided that the lot
coverage shall not be more than fortv �ercent �40%1.
15.06
(4) The lot coverage as stated in (1) above may be increased up to a maximum
of ten er� cent (10%) of the lot area uaon obtaining a saecial use permit. In
addition to the re�uirements of this Section and the factors identified in
Section 205.05.04 to evaluate special use permit requests, the City shall
consider the following factors in determining the effect of the increase in lot
covera�e•
(�) For esisting developed properties. the total amount of esistine
hardsurface areas shall be evaluated to determine whether a
reduction in the total building and parking coverage can be
achieved.
(� The �etitioner shall prove that all other ordinance requirements are
met. including but nit limited to. parking. storm water management.
and landscapine.
D. Setbacks.
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15.07
(� Closer to the boundarv line of any commerciai district than
thirtv-five (35) feet.
(�) Closer to the boundary line of a residential district than
fif�y (�0, feet.
,�e) Where dense. natural vegetation, trees and screening egist.
the fiftv (50) foot residential buffer wiil be retained and
maintained as estabiished by the Citv.
: 1 :__ � 1 ' _ u I �
A. Height.
Building height shall be a magimum of sis (61 stories not exceeding siz -five (651 feet
orovided that no building shall be erected to a height ezceeding for -five (4� feet
within fiftv f50) feet of anv R-1 or R-2 residential district unless one l(� additional foot
of setback can b�rovided for each one (� foot of building height or gortion thereof
exceeding for -five (45) feet.
B. Exterior Materials.
The tvne of building materials used on exterior walls shall be face brick. natural stone.
specifically designed precast concrete factory fabricated and finished metal frame
�anelinE. �lass or other material a�aroved by the Citv.
' ��_� �_ � 1�._ ►�1 �•�
A. Reduction of Parking.
Reduction of garking stails may be allowed when the provision of space re�uired for
�ar 'ng stalls due to the oarticular nature of the �r000sed use or other considerations
would be an unnecessarv hardship. AdeQuate aen space shall be �rovided to satisfy the
total number of required �arking stalls.
B. Additional Parking.
When the provisions for garking space re�uired for snecific district uses is inade�uate.
the City may require that additional off-street parkin� be orovided
C. Parking Ratio.
(�,1 For office use at least one (1) off-street �arking space shall be
arovided for each 250 square feet of oftice s�ace use.
(� For retail use at least one (1) off-street a�g space shall be
nrovided for each 150 s�uare feet of retail s�tace use.
' (�,) For manufacturing uses at least one (1) off-street �arking s�ace
shall be arovided for each 400 s�uare feet of manufacturing s�ace
use.
15.08
(� For warehouse and storage use at least one {� off-street parking
s�ace shall be Frovided for each 2,000 square feet of s�ace use.
(5,1 For speculative buildin� use at least one (l,� off-street parking sFace
shall be Frovided for each 500 sguare feet of floor area on lots oL__
more than one and one-half (1-1/2) acres.
(¢) For s�eculative building use at least one (11 off-street parking space
shall be provided for each 700 s�uare feet of floor area on lots of
less than one and one-half (1-1/2) acres.
(� The s�eculative ar 'ng ratio will be used for all mixed uses unless
the owner agrees to enter into a written agreement. in recordable
form with the Citv in which the owner represents to the Ci�y what
the ratio of all uses in the building will be upon this hap.pening, the
narking ratio for the building will be determined on a Fro-rata basis
by the parking ratio per the number of s�uare feet for each tvoe of
use which the owner re�resents will be located in the use which the
owner represents will be located in the building. After e$ecution_o�.
this agreement. anv changes to the specified uses will re$uire a
s�ecial use Fermit from the Citv.
($� At least one (� handic�p off-street a� rking soace shall be provided
for each fiftv (501 snaces or fraction thereof.
1 1. �� ;., . .�
(� Drainage:
All driveways and y�arking areas escept those for less than four (4) vehicles.
shall be�raded accordin�o a drainage �lan which has been approved bv
the Citv.
(� Li�hting•
A�y IiQhting used to illuminate an off-street parking area shall be shaded or
diffused to reflect the lieht away from the adjoining��pg�y and traffic
(i,� Curbing;,
The entire perimeter of all Farking areas in escess of four (4) stalls. access
drivew�y_�truck loading„�naces or other hard surface areas that handle
motor vehicle trafFc shall be curbed with a poured sig (¢l inch high concrete
curb and gutter.
� Curbing shall be reauired around safetv islands
l� � ,t+ :��� � s� �:i� ,��•� �, �• � •� ,
�� �� �
{c� Construction shall be in accordance with curbing snecifications on
tile at the Citv.
� �• � ,�: •�,� � ,,
15.09 '
(�L Where the par ' lot directly 9hntc a ci�ewalk which is
sufficientl�higher than the g*adp �f thP narking lot and
satisfies the curbing requirements.
(� Where the Citv has a�proved future ezpansion
�41 Driveway Re�uirements.
,,.(al A maximum driveway width of thirtv-two (321 feet at the curb
ooening, egcluding the entrance radii can be constructed
�bl The an rking aisle shall be a minimum of twentv-five (251 feet in
width for two-way�raffic and eighteen (�$) feet in width for one-
way traffic.
(�1 The e�ge of the curb opgc�i,�g �halt nnt hp r��cer tn the nearest
portion of a street right-of-way intersection than seventv-five (751
feet or two-thirds (�) nf the lot width. whichever is smaller.
(� Where a"T" intersection exists, a drive may be located opposite the
end of the intercepted street.
{g� The minimum drivewav an¢le to the street shall be siztv�601
degrees.
(5� All garkine and hard surface areas shall be:
(� No closer than twentv (�4L�'eet from any street rjght-of-wav.
(bl No closer than five (5) feet from any side lot line. ezceut for a
common drive �pnroved by the adjoining �ropertv ov�ners and the
Citv.
�cl No closer than five (,�5 feet form anysear lot line unless adja nt o
an a11eX, then the setback shall be zero (0) feet.
� � � • �> � �� �_• u: � � � �,
� Curbed with minimum driveway access radii of ten �101 feet to
match the egisting street curb.
(C,) Loading Docks•
(al Outside loadipg docks are to be located in the rear vard or side vard
and be properly scree
(�, The s�ace needed for the loadi�►g docks must be adeauate to handle
the loadigg and unloadiqg needs without obstructin� the nublic
right-of-way.
(� Off street oarki�g shall be grovided for all vehicles concerned with any use
on the lot.
15.10
($� Parking lots with more than four (� narking,fnaces shall be stri�ed
(� Sufficient concrete area may be required for motorcycle �rking in addition
to the required vehicle aarking stalls.
(�Ol Bike racks may be reauired by the Ci in an area that is convenient to each
major building entrance and will not disruat pedestrian or vehicular fic
or fire lanes.
(11) Safety sig�s markings and traffic control devices mav be required to
promote vehicular and pedestrian safetv
{�21 Parkine stalls may be nine (Q� feet in width for manufacturing uses.
warehouses and storage uses sneculative industrial buildings, and p 'ng
lots for long term em�loyge �arking. (Ref. Ord. 952. 9601
9. I,�NDSC�PE REQUIREMENTS
A. Scope.
All o�en areas of any site exce�t for areas used for parking, driveways. or
storage shall be landsc�gd and incoraorated in a landscape �lan
(� .All new developments requiring a building�ermit shall comnjy with the
re�uirements of this section.
�2) Esisting develooments shall comnlv with the re�uirements of this section if
one or more of the following apalies:
(� At the time of a building eApansinn �r alterahon which dictates the
necessitv for additional r'ng or hardsurface areas in escess of
four (4) stalls.
(� Building alterations which dictate a change in use such that the
.�arkingarea must be eaFanded in excess of four (41 stalls.
(� Construction of additional loading ocks.
(� Construction of new �arking areas ineacess of four f41 stalls.
(�) If full com�liance cannot be achieved due to site constraints. Fartial
comnliance as determined by th ' shall be enforced.
(4� The re�uirements of this section shall not be req3iired for building
alterations which do not affect the exterior Fortions of the site.
B. Bonding Requirement
The City shall retain a�erformance bond cash or letter of credit, as re�uired in Section
205 OS 06 A(� of the zoning code for one growing season after the installation of
landsc�e materials is completed.
C. Plan Submission and A rnu oval•
15.11
(� A landsca�e plan shall be submitted to and a�proved by the Citv nrior to
issuance of a building,permit or �rior to a�proval of outside imorovements
not related to buildinQ imnrovements A plan shall not be required for
routine rg�lacement of ezisting materials or the installation of new
materials when not associated with a building project
(2) The following items shall a��ear in the landscaoe olan:
(a) General
j(111 Name and address of owner/develooer
(,(_211 Name and address of architect/designer
((�11 Date of nlan pre�aration
(�411 Dates and descrintion of all revisions
((511 Name of project or development
((611 Scale of �lan (engineering scale onlv) at no smaller than 1
inch equals 50 feet
�(711 North aoint indication
(� Landsca�g Data
�(1)1 Planting schedule (table) containing•
((a)) Sy,mbols
(jb)) Ouantities
((c)) Common names
(�d)1 Botanical names
((gll Sizes of plant materials at time of olantinE
�,(fll Root sgecification B.R.. B& B, notted. etc.l
{(gl) Snecial �anting instructions
((211 Ezisting tree and shrubber�+ locations common names and
agFroximate size.
((�11 Planting detail (show all s�ecies tQ scale at normal mature
crown diameter or spread for local hardiness zonel
((411 '�ypical sections in detail of fences, tie walls planter boges
tot lots uicnic areas berms and other similar features
(.(�11 �,y�ical sections of landscaae islands and nlanter beds with
identification of materials used.
�(611 Details o[„planting beds and foundation a antings
j(7)1 Note indicating how disturbed soil areas will be restored
throu�h the use of sodding seedi g or other techniaues.
15.12
1' �• �� i �� t i��•� . � •�•� . :L � �
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((91) Coverage nlan for under�round irrigation system. if anys
((10� Statement of sxmbols. to describe exterior lighting plan
conceot.
(�� S�ecial Conditions:
Where landsca�e or man-made materials are used to provide
required screening from adjacent and neighboring�roperties, a
cross-section shall be provided through the site and adjacent
aro�erties to show pro�er elevation, eaisting buildings and
screening in scale.
D. Landscaping Materials: Definitions.
All,plant materials shall be living.,plants. Artificial plants are prohibited.
U Grass and ground cover.
'(� Ground cover shall be planted in such a manner as t�present a finished
a�pearance and reasonabl�comalete coverage within twelve (12) months
after plantin�, with pro�gr erosion control during�lant establishment
,Qeriod. Eacgption to this is undisturbed areas containing natural vegetation
which can be maintained free of for�ign and noaious materials.
(�t,l Accgpted ground covers are sod. seed, or other organic material. The use of
rock and bark mulch shall be limited to areas around other vegetation (i.e.
shrubs) and shall be contained b�edQing.
(2) Trees.
(� Over-storv Deciduous.
� :��� � , :, , , ��. _ � �:� � � i ,
�� �� . � , �, _� , _� ��� � �� �_�
�_�� �:��� . �� ��� �� � i � � _��-_
((�) Such trees shall have a 2%: inch cal�per minimum at planting.
� � .��•� .
: , � � � � , � : � � : �� _ _ s � : � 'if1'��Kil]i • ' !
:� � : �. _�� •� � ��
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�211 Such trees shall have a 1%Z inch cali�er minimum at alanting.
(c) Coniferous.
(�,�)) A woody�lant. which a maturitv is at least thirtv (311 feet or more
in height. with a single trunk fully branched to the ground, having
folia�e on the outermost aortion of the branches vear-round,
15.13
u211 Such trees shall be six f� feet in height at planting
(31 Shrubs.
�) Deciduous or eve�green �lant material, which at maturitv is fifteen (151 feet
in height or less Such materials mav be used for the formation of hedge�
Such materials shall meet the following minimum standards at time of
plantin�•
((111 Dwarf deciduous shrubs shall be eighteen (181 inches tall
((211 Deciduous shrubs shall be twent�four (24) inches tall except as in
Section D below.
((�,1 Eve�green shrubs shall be of the eighteen (�8) inch classification
� Vines.
Vines shall be at least twelve (12�inches igl��.planting are generally used in
con�unction with walls or fences
(5) Slo�es and Berms.
(� Final slope grades steener than 3•1 will not be permitted without snecial
a�roval or treatment such as terracing or retaining walls
� Earth berm screening�arkin� lots and other o�en areas shall not have
slo�es ezceedin� 3•1 A minimum three (3� foot berm is reQuired
E Perimeter Landsca�ing• Standards
(� In order to achieve landsca�ing which is appro�riate in scale with the size of
a building and site. the minimum standards annlv:
� One (,� tree for everv one thousand (1.000) square feet of total
building floor area or one (� tree for every��(50) feet of site
�erimeter whichever is greater. A minimum of thirtv (30�percent
of the trees re�uired will be coniferous.
(� Twq�21 ornamental trees can be substituted for everv one (1) over-
story deciduous shade tree In no case shall ornamental trees egceed
fiftv (501 nercent of the required number of trees.
(� Parking and driving areas between the building and frontage street
shall be screened in the following manner•
(�11 A continuos mass of nlant materials• minimum of three f31
feet in height at time of planting: or
((211 A continuos earth berm with slo�es no greater than 3•1 and
a minimum of three (3) feet in height: or
15.14
(,(311 A combination of earth berms and nlant materials such
_ that a minimum of three (3) feet of continuos screening is
achieved.
F. Interior Parking Lot Landscaping Standards
(1) All arking areas containing over one hundred (100� stalls shall include
un�aved, landscaped islands that are reasonably distributed throughout the
parking area to break up the ex�anses of �aved areas. Landscaned islands
shall be provided every�wo hundred fiftv (250) feet or more of
uninterrunted parking ts alls•
(2) All landscaped islands shall contain a minimum of one hundred eightv (180�
square feet with a minimum width of five (�5,) feet and shall be �rovided with
deciduous shade trees, or ornamenta�, or evergreen tree�, glus ground cover,
mulch, and/or shrubbery. in addition to the minimum landsca�e
re�uirements ot' this ordinance. Parking area landsca�ing shall be
contained in alanting beds bordered by a sis (�� inch raised concrete curb.
(3) Trees shall be �rovided at the rate of one tree for each fifteen (151 surface
�,arking snaces �rovided or a fraction thereof.
�. Screening and Buffering Standards
(�,), Where the aarcel abuts park or residentially zoned aroaer . there shall be
provided a landscaoed buffer which shall be constructed in the followin�
manner•
(a) A screenin�fence or wall shall be constructed within a five (5,,) foot
strip along the groperty line (� abutting the nark or residentially
___ zoned proper . Said fence or wall shall be constructed of
attractive,,.permanent finished materials. compatible with those
used in the arincipal structure and shall be a minimum of sia (¢1
feet high and a mazimum of eight ($� feet high. Chain link fences
shall have non-wooden slates when used for screening„pu�poses: or
(b) A planting screen shall be constructed in a fifteen (151 foot strin and
shall consist of healthy, ful�,y hardy �lant materials and
shall be designed to Frovide a minimum year-around oaaQueness of
eigh�(801 uercent at the time of maturity. The plant material shall
be of sufficient height to achieve the required screening. Planting
screens shall be maintained in a neat and healthful eondition. Dead
vegetation shall be promntiv replaced.
(c� If the existing tonographv. natural growth of vegetation. �ermanent
buildings or other barriers meet the standards for screening as
aparoved by the i, thev mav be substituted for all or nart of the
screening fence or planting screen.
�) All loading docks must be located in the rear or side yards and be screened
with a six (¢� foot high minimum solid screening fence if visible from a
ublic right-of-way or if within thirtv (30) feet of a residential district.
15.15
(� All externat loading and service areas accessory to buildings shall be
comaletely screened from the ground level view from contiguous residential
�roperties and adjacent streets. escent at access �oints.
H. Credit for Large Trees
The total number of required over-story trees may be reduced by one-half (1/21 tree for
each new deciduous tree measuring three (3) inches or more in diameter. or each new
coniferous tree measuring eight (81 feet or more in height. In no event. however, shall
the reduction be greater than twentv-five (25) �ercent of the total number of trees
required.
I. Credit for Ezisting Trees
The total number of required new over-storv trees may be reduced by the retention of
existing over-story trees arovided that the following conditions are satisfied:
(1� Such trees are four (4) inches or greater in caliaer measured sis (6) inches
from soil level.
(2) For each esisting tree meeting the reauirement. two trees as re�uired in
section D above mav be deleted.
(�) Pro e�r precautions to Frotect trees during development shall be indicated on
grading�lans submitted for plan review. Such precautions are outlined in
section J. These precautions shail be included in the landscape suretv.
J. Irrigation.
Underground irrigation shall be required to maintain all landscaped. boulevard. front
and side vard areas.
�f'i��ll�
(1) The followin�standards shall be met when installing the required
landscaaing•
(� Plant materials shall be located to provide reasonable access to all
utilities.
(� All re�uired screening or buffering shall be located on the lot
occupied bv the use. building. facili or structures to be screened.
No screening or buffering shall be located in any ublic right-of-
wav.
(� Sodded areas on slo�es shall be staked.
(�1� Seeded areas shall be mulched with straw to prevent erosion.
Hydro mulching is acce tn able•
(g� Oak trees shall be surrounded by�now fence or other means at their
dri� line to �revent comnaction of their root svstems.
15.16
(�j Plantings shall not be nlaced so as to obstruct lines of sight at street
corners and driveways.
(gJ No Flant materials reaching a mature height of twentv (20 feet or
more shall be planted within a twenty-five (,'�) foot lineal path of
the centerline of an overhead �ower line.
(2) the applicant shall install all landscape materials within one year: but shall
have three (� vears within which to install the reQnired landscaping if the
following minimum standards are met:
�s
., ���, . ., , �� � �� � ,� �►
,. ., ., ,� .�� , .,
� � � �, �, . �, � „, �, , �,
((4)� Screenin� for adjacent residential areas is installed. if
required.
•�� y �• � �• •� •� � �
• � •!
,� .��� ,. .� �i��� �� i�� � F1T � �,
i ��
(b) Second year
�i�: ��� � i• �� ��• � ,�� ., ,� , ��
f,�211 Interior landscaping is instalted.
((�)) Fiftv f50�ercent of the remaining required over-story
trees are installed.
� � � �:�
: , � � : : � , . , , � ;F1ll�i��1lC�
,�.
� • � � � • � � i ! ' ! _ � • � � ! � • � • � . � N ' � � � � . � � .
� � _ ! l � , 1 � � � � : t t : 1 li _ • 1 �
.I1. _. � ' � � • � . • � l � 1 � t '. � � i1! ' !. � . S , 1 � R. iL� ' {
1 � : � � .! . � !I !.' � � 1 ' ' � SL � 1 � • f . . t fl _ � :
�' � ' . � 1_: !4 : 1. _ ! 1 ' } . : 1 1.: ! !{ , ' : I 1 , �'
� � �• � � � � �• • i L" � � � �• • � . • i �. .
1 � ' � � ' 1 ! � ! : 1.' 1 _ 11. �' � 1 , J. }! : . � .
'! '! I II L' !I l 1! _!! 1: '� • � � ! � } � }' � ' � . (_�
�•. 1 �. I ll a.
(2) Screen fences and walls which are in disrenair shall be repaired.
15.17
j� All vacant lots, tracts, or �arcels shall be properly maintained in an orderl�
manner free of litter and junk. (Ref. Ord. 960)
10. PERFORAMCE STANDARDS
A. Parking Facilities.
All drivew�s, �arking areas and loading docks shall be surfaced with blackto�.
concrete or other hard surface material approved by the Citv.
B. Exterior Stora�e.
The exterior storage of materials. motor vehicles, and eQuiament shall comply with
Section 20518.O1.C. (111. (Ref. Ord. 9951
C. Refuse.
All waste materials. refuse o�garbage shall be contained in closed containers as
required under the Chapter entitled "Waste DisFosal" of the Fridley Citv Code.
D. Screening,
(�1 Screening of off-street an rking shall be re�uired for:
(� Any off-street aarking area visible from a�ublic right-of-wav.
(� A�►y driveway to a parking area adjoining a�ublic right-of-way.
(� Where any industrial district is adjacent to a gublic right-of-wav or across
from any residential district. the following r�e uirements must be met:
(�� There shall be a five (5) foot sidewalk easement provided along the
aro�er line.
Council maXallow the a�alicant to delay the installation of the
sidewalk. if the aF�licant signs an agreement that it will be
constructed when the Citv requires the installation.
(t�) There shall be a fifteen (15) foot planting strip located behind the
re�ired sidewalk, that is substantial enough to create a�hysical
se�aration between the public right-of-way and the industrial
�ro�ertv.
(�) All trash or garbage storage receptacles must be located in the rear or side
yard and be totally screened from view from any �ublic right-of-wa,y.
Provisions must be taken to nrotect screening from vehicle dama�e.
(4) All raw materials. supnlies, fnished or semi-finished �roducts and
e�uipment, not including motor vehicles. shall be stored within an enclosed
building or be screened on all sides from view from a Fublic right-of-way or
an adioining..pro�er of a different district by a fence or other a�proved
screen which extends two (2� feet above the highest item to be stored with
15.18
the height not to egceed eight ($) feet ezceDt where materials and eauinment
are bein�used for construction on premises.
SECTION 2. That Chapter 205 of the Code of Ordinances of the City of Fridley, Minnesota, be, and
hereby is, further amended as follows:
205.06 ESTABLISHMENT OF DISTRICTS
For the purpose of this Chapter the following districts are hereby established within the City of Fridley:
S-3 Heaw Industrial, Onaway Addirion District ...................................................205.25
O-1 — _Qverlak ..............................................................................................205.26
O-1 Creek and river Preservation .....................................................................205.27
O-2 Crirical Area ........................................................................................205.28
O-4 Wetland .............................................................................................205.29
O-5 Telecommunications Towers and Faciliries District ..........................................205.30
205.18 M-2 HEAVY INDUSTRIAL DISTRICT REGULATIONS
3. LOT REQUIREMENTS AND SETBACKS
A. Lot Area.
A lot area of not less than 62.000 s�uare feet is required for one (1) main building.
SECTION 3. Appendix D of the City Code of Fridley is amended hereinafter indicated.
SECTION 4. The tract or area within the County of Anoka and the City of Fridley and described as:
All lots in Blocks 1 through 8 inclusive as recorded in the Onaway Addition, as recorded at the
office of the Anoka County, Minnesota
SECTION 5. That the Zoning Administrator is directed to change the offcial zoning map to show said
h�act or area to be rezoned from M-2, Heavy Industrial to S-3, Heavy Industrial Onaway Addition Dish-ict
PASSED AND ADOPTED BY THE CITY COLTNCIL OF THE CITY OF FRIDLEY THIS_OF _,
1998.
ATTEST:
DEBRA SKOGEN - CITY CLERK
15.19
NANCY J. JORGENSON - MAYOR
MEMORANDUM
PLANNING DIVISION
DATE: September 10, 1998
TO: William W. Burns, City Manager�,��
FROM: Barbara Dacy, Community Development Director
Scott J. Hickok, Planning Coordinator
SUBJECT: Rezoning of Property Owned By Roslyn Park Wesleyan Church from
R-2 to R-3
On September 2, 1998, The Planning Commission considered a rezoning request
by Gary Brewster, Roslyn Park Wesleyan Church. The purpose of their rezoning
request is to allow all of the Church property to be zoned consistently, Currently,
half of the church property is zoned R-2, while the other half is R-3.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission recommended approval of zoning request ZOA #98-02,
with no stipulations.
RECOMMENDED ACTION
Concur with the Planning Commissions recommendation and approve the first
reading of the attached ordinance.
16.01
ORDINANCE NO.
ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF
FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING
DISTRICTS
The Council of the City of Fridley does ordain as follows:
SECTION 1. Appendix D of the City Code of Fridley is amended hereinafter
indicated.
SECTION 2. The tract or area within the County of Anoka and the City of Fridley
and described as:
Lots 11, 12, 13, 14, and15, Block 15, Hamilton's Addition to
Mechanicsville, as recorded at the office of the Anoka County
Recorder, generally located at the northwest corner of 53'� Avenue
NE and 6�' Street.
SECTION 3. That the Zoning Administrator is directed to change the official
zoning map to show said tract or area to be rezoned from Zoned
District R-2, Two Family Dwelling to R-3, General Multiple Family
Dwelling.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY
THIS OF , 1998.
ATTEST:
NANCY J. JORGENSON - MAYOR
DEBRA A.SKOGEN - CITY CLERK
Public Hearing: September 14, 1998
First Reading: September 14, 1998
Second Reading: September 28, 1998
Publication: October 8, 1998
16.02
c��
DESCRIPTION OF REQUEST
Gary Brewster, Roslyn Park Wesleyan Church originally requested an alley vacation for the
entire alley from 53rd Ave. N.E. to 54� Ave. N.E. Mr. Brewster was not successful in
presenting a 100% petition from the residents to the north. A revised plan was then
presented by the Church requesting a vacation of only that portion of the alley that bisects
the Church property. The revised request includes a commitment to providing an
improved access alternative for those neighbors still desiring to use the alley.
SUMMARY OF ISSUES:
The access alternative will create a hard-surfaced drive into that alley and is consistent
with other City efforts to provide hard-surfaced driveways and eliminate erosion and
other negative side effects of unimproved drive surfaces.
Once the alley is vacated, the church will resume their master planning efforts for future
church expansion.
PLANNING COMMISSION RECOMMENDATION:
The Planning Commission recommended approval of the modified vacation request with
stipulations (see report).
RECOMMENDED ACTION: �
Staff recommends that the City Council concur with the Planning Commissiori s
recommendation and adopt the attached resolution.
17.01
Staff Report
SAV #98-02, 5300 6`� Street NE
Page 2
Petition For: The petitioner has also requested an alley vacation. Currently, an alley exists
which bisects the church property into east and west segments. A residential
neighborhood exists north of the Church. The petitioner was not successful in
presenting a 100% petition from the residents to the north.
Location
of Properiy:
Legal Descript.
of Property:
Lot Size:
5315 5� Street N.E. and 5300 6th Street N.E.
Lots 11-21, Block 15, Hamiltori s Addition to Mechanicsville
60,131.2 s.f.,1.38 acres
Topography: Relatively flat
Existing
Vegetation:
Existing
Zoning/
Platting:
Availability
of Municipal
Utilities:
Vehicular
Access:
Pedestrian
Access:
Urban Landscape
R-3, General Multiple Unit / R-2, Two Family Unit
Utilities available
53rd Avenue N.E. and 6�' Street.
NA
Engineering
Issues: A U.G. Amoco Pipeline easement exist on site, adjacent to 53rd Avenue N.E. A
new easement will also be required to allow access to overhead electrical and
cable lines that are located in, and accessible through the alley.
Comprehensive
Planning Issues: The zoning and use of this land are consistent with the Comprehensive
Plan.
17�02
Staff Report
SAV #98-02, 5300 6`� Street NE
Page 3
Public Hearing
Comments:
Site Planning
Issues:
To be taken
NORTH: Zoning: R-1, Single Family
R-2, Two Family
EAST: Zoning: R-2, Two Family
ADJACENT SITES
Land Use: 1 and 2 Family Residential
Land Use: 1 and 2 Family Residential
SOUTH: Zoning: City of Columbia
Heights Land Use: Residential (single and multiple)
WEST: Zoning: R-3, Multi-Family
Residential Land Use: Residential, Primarily Single Family
DEVELOPMENT SITE
REQUEST
Gary Brewster, Roslyn Park Wesleyan Church is requesting an alley vacation. Currently, an
alley exists which bisects the church property into east and west segments. A residential
neighborhood exists north of the Church. Mr. Brewster was not successful in presenting a 100%
petition from the residents to the north. All parties sharing an interest in the alley welcome the
idea of the alley vacation. Many property owners north of the church have begun to utilize the
alley area as if it were vacated by placing fences in the alley.
The Church has long range plans for expansion and would prefer to rezone the property now to
facilitate their plans.
SITE DESCRIPTION/HISTORY
Hamiltori s Addition to Mechanicsville was platted in 1886
On August 7,1956 a building permit was issued to construct the Roslyn Park Church.
On March 15,1965 a building permit was issued to create the Parsonage.
The parsonage is on a parcel that is zoned R-3. The Church is on a parcel that is zoned R-2.
As a result, the petitioner has requested a rezoning of the R-2 property to R-3. Both districts allow
churches as a special use. The language regarding churches is identical in the two districts.
However, staff has taken the same approach to analyzing this request as if another R-3, Residential
use were being considered.
17303
Staff Report
SAV #98-02, 5300 6`� Street NE
Page 4
VACATION OF ALLEY
The City Council requires that a request to vacate an alley be accompanied by a 100% petition of
support by the neighboring property owners. This request for a vacation was not accompanied
with a petition that complies with the City's requirement. The vacation process had begun with
the belief that a 100% was included. The Church did not misrepresent this fact, they said that one
owner had been impossible to reach, and staff later received numerous duplicate petition forms,
and believed that every signature (including the missing signature) at that point had been
submitted. A closer analysis revealed that this is not the case.
All utilities in this area have been notified of the request to vacate the Alley. Amoco has
responded that they do not object to the vacation; however, an easement will be required from the
church to replace the City easement document for the short stretch where the pipe crossed the
alley, near the 53rd Avenue right-of-way.
The church has worked with an adjacent neighbor to allow a replacement access drive to their
garage. The Walker property at 5329 5th Street NE takes access from the alley to their garage. The
petitioner has arranged for an alternative access arrangement for that home owner. An easement
memorializing this agreement will be required to be filed at Anoka County, along with an
alternative access easement for access to the utilities in the alley.
UPDATE FROM THE AUGUST 19,1998 MEETING
On August 19, 1998, the Planning Commission heard negative comments from 2 neighbors to the
north. Each neighbor inc�icated that they did not want the alley to be vacated because they still
depend on the alley for access.
Mr. Stimack, 53315th Street N.E. indicated that he had been the "forgotten" property owner in this
issue. Mr. Stimach indicated that though he had signed the petition for vacation, he was now not
interested in supporting the request. Mr. Stimach had a curb cut and driveway installed in 1997, as
part of the City of Fridley Driveway Program. Prior to that driveway installation, Mr. Stimach's
access was the alley only. When Mr. Stimach installed his driveway, Shirley Barton co-owner of the
property indicated to the City that their plan was to either rebuild, or rework the garage so access
would be from 5� Street. She also indicated that eventually their plan is to build a new house on
the property.
A very similar series of event happened earlier on Third Street. Margarit Reed installed a
driveway as part of the City program. Once the new curb-cut and driveway were installed, Ms.
Reed petitioned for the alley to be vacated.
Seeing Mr. Stimach's signature lead staff to believe his support of an alley vacation was intact.
The disposition of the Walker property at 5329 5� Street was known to staff. Gary Brewster had
agreed to conditions with the Walker's to allow alternative access across the church property.
17,�4
Staff Report
SAV #98-02, 5300 6�' Street NE
Page 5
Another unknown that was revealed at the Planning Commission was the fact that Jesse Sellards,
who owns 5367 5� Street, was not interested in the vacation because his tenants have garbage
collection from the alley. The petitioners had indicated that the owner of 5367 5� had been notified
about the vacation, several attempts had been made to get his signature and'that they were
awaiting his response. Numerous attempts resulted in no response from Mr. Sellard's. Staff did
believe, however, that when the numerous duplicate pages of final signatures were submitted,
that property was represented by a signature. Obviously, that was not the case.
As a result of the revelations at the August 19,1998, Planning Commission Meeting, staff, met with
Church representatives and Shirley Barton. The purpose was to understand the individual
positions better. It appeared from the discussion with Ms. Barton that she and Mr. Stimach would
entertain the idea of a reconstructed garage door (allowing 5� Street Access), relocated shed, and
modified asphalt pad for garage access.
The Church offered a solution that would provide continued access for the 3 property owners. In
their proposal the Church asks for a"variance" to the Code Section that requires a 100% petition.
In exchange, the church has offered to provide a paved driveway as an alternative access for those
still depending in the alley.
Variances to Chapter 205 typically relate to performance standards (i.e. setbacks, height, lot
coverage, etc.) The 100% support petition language does not fit that classification. Therefore, the
Commission and Council are being asked to decide, short of a 100% petition, are there, concessions
that they would accept in exchange for allowing the Church portion of the alley to be vacated.
Attached, on page 4, of Gary Brewster's, September 2, 19981etter, is a list of such concessions the
church is willing to provide.
From the City' perspective, what would the benefit of vacating the portion of the alley that dissects
the church property be? The most apparent improvement is that like unimproved driveways the
alley is an unimproved surface that allows silt and erosion to enter the streets and storm sewers.
The church master plan will include the re-grading of the alley and the establishment of new hard-
surfaced areas and landscaped surfaces that will control the quality of the run-off.
An additional benefit is that the homeowners to the north would have an improved surface to
access their alley . This surface would be installed and maintained by the Church.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission recommended approval of vacation request SAV #98, with the
following stipulations:
1. The petitioners record an� easement to allow garage access for the homeowners at 5329 5�
Street NE., 5331 5th Street NE, and 5367 5� Street NE. and any other property owner north
17�5
Staff Report
SAV #98-02, 5300 6�' Street NE
Page 6
who may require alley access.
2. The petitioners record an easement over the alley to allow access to the utilities.
3. The petitioners shall record a new easement to allow a utility access alternative prior to
issuance of the proposed church expansion on the west end of the existing church structure.
4. The petitioners shall apply for and receive a special use permit prior to expansion of their
church facility.
5. The petitioner shall record an easement to provide Amoco continued rights across the
former alley.
6. The petitioner shall provide the improved asphalt or concrete access to 5� Street in
accordance with a plan to be submitted and approved by the City prior to installation.
7. The petitioner shall not alter the alley across their property, or in anyway limit access by the
adjacent property owners, until the new access has been completed.
8. The petitioner shall hold harmless the City from any damage or injury that occurs on or
over the alley area in the interim, or beyond the vacation approval and completion of the
drive access alternative for the residents still wishing to utilize the alley north of the church
property.
9. The petitioner shall provide reasonable seasonal maintenance as necessary to assure access
to and from the non-vacated portion of the alley.
RECOMMENDED ACTION:
Staff recommends that the City Council Concur with the Planning Commissiori s
Recommendation
178os
RESOLUTION NO. -1998
A RESOLUTION APPROVING A VACATION, SAV # 98-02, GENERALLY
LOCATED AT 5300 6T" STREET
WHEREAS, The Planning Commission held a public hearing on the vacation,
SAV #98-02, On August 19, 1998, and September 2, 1998, and recommended
approval to vacate:
The alley legally described as: All that part of the alley adjacent to Lots
11,12,13,14,15,16,17,18,19, and 20, Block 15, Hamilton's Addition to
Mechanicsville , Anoka County, Minnesota.
WHEREAS, The City Council at their September 14, 1998 meeting approved the
vacation request at the same meeting, with stipulations attached as Exhibit A; and
WHEREAS, the vacation has been made in conformance with Minnesota State
t t t and pursuant to Section 12.07 of the City Charter and Chapter 205 of the
Fridley City Code.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley
hereby approves the vacation, SAV #98-02, 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 14th DAY OF SEPTEMBER, 1998.
Attest:
DEBRA A. SKOGEN - CITY CLERK
17.07
NANCY J. JORGENSON - MAYOR
EXHIBIT A
1. The petitioners record an easement to allow garage access for the
homeowners at 5329 5� Street NE., 5331 5th Street NE, and 5367 5�
Street NE. and any other property owner north who may require alley
access.
2. The petitioners record an easement over the alley to allow access to the
utilities.
3. The petitioners shall record a new easement to allow a utility access
alternative prior to issuance of the proposed church expansion on the
west end of the existing church structure.
4. The petitioners shall apply for and receive a special use permit prior to
expansion of their church facility.
5. The petitioner shall record an easement to provide Amoco continued
rights across the former alley.
6. The petitioner shall provide the improved asphalt or concrete access to
5� Street in accordance with a plan to be submitted and approved by the
City prior to installation.
7. The petitioner shall not alter the alley across their property, or in
anyway limit access by the adjacent property owners, until the new
access has been completed.
8. The petitioner shall hold harmless the City from any damage or injury
that occurs on or over the alley area in the interim, or beyond the
vacation approval and completion of the drive access alternative for the
residents still wishing to utilize the alley north of the church property.
9. The petitioner shall provide reasonable seasonal maintenance as
necessary to assure access to and from the non-vacated portion of the
alley.
10. The petitioner shall receive approval for the turning radius which is to
be adequate to handle emergency vehicles.
11. The alley shall be sufficiently labelled to prevent the entrance from being
blocked.
17.08
September 2, 1993
City Planning Cocnlnission
Fridtey Municipai Center
I'ridley, Mirulesota
Re: Petitions from Roslyn Park Wesleyan Church
1) To chai��c typc of zoning for a portion of our church property.
2) T'o request a variance for vacatin; ail alley.
To the City Plauner, Scolt Hickok and his staff, and to the City Planning Comrnission,
we cxpress our thanks for the open door to present our petitions in a revised form.
Positional Statements
l. Petition to ch�nge�y��� of zoning
A. Relatecl to i•e-�oning: We would request that our petition to change lots 16-21 frotn
R-2 to ai� R-3 status be received as originally presented. Li view of whatever else may be
authorized by the City for our property improvemcnts, the change in zoning would at
(east be resolved and p(ace all oFour property in a consistant status. We request that this
petition bc treatecl as a single pelition.
Petition to vacatc an allcv
A. Reln[ed to ti•�catitig tlle entire a!ley: We bclieve that if the alley were continuous,
or provided access and egress as a through alley between 54th and 53rd Avenues, and that
all landowners had equal or simi(ar access, then the City policy for vacating an alley
would undcrsta��dably bc l�elpfiil and 100% of the landowncr's signatures would be
requircd to vacatc such a(lcy.
We would request that the City oPPridley consider a variance to vacating an alley dlat has
not been devcloped to through traffic; has not been maintained by the City for the section
of allcy that is opcn to traffic; and has not bccn i�nprovcd by thc City to reduce crosion of
soil into thc cui•rcnt drainagc systems.
Tlierefore, we propose that only tlie portion of alley that dissects the church properties be
vacatcd. Bascd on t(�e data that prescnts itself, we havc prepared information and
cec�ucst that this information be placed into consideration.
B. Homeotivne�• crccess needs: (Alt three of the landowners mentioned here are located
on thc wcst side of tlie alley).
(Lols 2� c� 25) We have hoineowners at 5331 Sth St. with specific access needs to their
hoine and garage eutrance, that require the present alley space as a turn arowld area. To
vacate the section of a(ley adjoining thcir property puts their access in jeopardy.
17.09
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p.2
Casc in point: By vacating this portion of the alley, it wou(d then pennit owners across
the a(Iey the opportunity to reclaim one-ha(f of the vacated alley, which would then block
tl�e needed access to the garage. Other variances/ easemcnts would then be needed with
nei�hbor to neighbor, Uut it is not our (Church) intent to pressurc those arrangements.
(Lots 22 & 23) We have another homeowner at 5329 Sth St. with specific need to access
their aarage from the alley. For the same reasons as stated above, to vacate their section
of alley puts their access i�l jcopardy. However, this access can be accommodated by the
church providing an access - easement driveway froni ttie church property.
(Lots 26 & 27) We have another homeowner at 5367 Sth St. who also utilizes the alley,
not for access to home or garage, but for the services of garbage pick-up and maintenance
access to the back side of tl�eir rcntal duplex.
C. Naz churcl: por[ion of the alley: By leaving ttie non-church portion of the alley in
its present statc of location; by leaving the easement agreements between the City and the
utility companics; and by lcaving all other boundary easements/ arrangements as they
are, we believe it is botl� prudent and cost effective to a(1 otlier owners on the block.
Aaai�i, WC �C�IUCCIl� CIO llOt i11fCI1CI CO 1t11�)OSC flriallCl�I vUC(IGil Ot CBSCIl1811t CI1SpgES lri
ordcr to accommodatc our building and property improvements.
D. f3asis of our proposal: We have been advised by City Planners and by our
Engi�leers to prepare a Master Plau for the existing church properties. We have sought
their counsel regarding drai►ia�c requirements, ponding, eascinents and other City codes. -
Ouc proposal iiow includes a requcst to vacate only the portion of alley that dissects the
cilurclt properties, which includes five (5) lots, 11 - 15 on tlic east side of die alley and
fivc (5) lots, 16 -20 on the west side of the altey. This request relates to the first phase of
propcity improvements we are prescnting to the City of Fridley.
Rcqucst for Variancc
Our reqtcest to tl:e City is for a variance to tlze alley vacation process. Since the alley is
o��ly a pa,•cial alley, is zrn-mnintained and l�as not been improved by the City, and does
not serve as an access - egress jor a!! of the landowners on tlie block, we ask jor a
vcrriance based on tlze jolloiving:
1. The City of Fridley has not developed the alley as a through access - egress.
** Even thougli the alley area has been desi�natcd, it h�s not been developed.
** A curb cut or approach has not been provided onto the 54th Ave. positon for such.
(According to suiveyor's mappiiig). We have access - egress only from 53rd Ave.
** Tlic area that has been open to traffic has �iot Ueen maintained or improved by
the City.
** Two property owners at the north end now assume responsibility to mow the grass
as an extension of their back yards.
17.10
p.3
2. ** Thc City of Fridley has not maintained or provided improvements to the portion
of alley that is open to traffic. This portion serves two property owners with access
to thcir homcs and garagcs...thcsc bcin� t�iorc to thc middlc of thc b(ock.
The two homcowners who benefit iuost from the ailey have personally paid for rock
llld �ravel fill, in an attempt to slo�v do�r•n erosion of alley sand. The primary cost
has been incurred by Ntr. Tom Stimack at 5331 Sth St, who has also provided his labor
and persoilal expense foc suo�v removal.
3. ** Thc City may not be a�vare of the amount of soil erosion that has occurred and
continues to occur. Our topography map indicates that the alley has been cut away
betwcen 2-3 Eeet lower than the side banks and continues to erode quickly from snow
and rain run-off into thc Cily drainage systems located on 53rd Ave. The length of
this erosion drainage spans ten (10) lots or an approYiinate area of 4,000 square feet.
(400' in lcngth and average 10' in width). The erosion problem is in and of itself a
major concern and could be corrected with the proposal being offered by dle church.
4. ** Tl�e church has alrcady assumed the costs of surveying all of the alley, locating
fcnces and buildiiigs in addition to our own topography needs in developing a Master
Plan for i�nprovements. We have couimunicated with all neighbors in good faith, have
shared with them our ideas and asked for their input, keeping their needs in
niind. We havic endeavored to be aware of City codes and requirements and to comply
with those regulations.
T/tereja•e, it is our proposa! that only the pa•tion of alley that dissects the 1wo church
purcels Ge vacatecl, a�:d t/t�rt tlie vacatiort ojthe alley apply to lots 11 - 20.
We would request that the alley adjoining to lot 21 (Church property) would not be
vacated, as it lies directly west of lot 10 belonging to another landowner. Reasoning
would bc consistent with page 2, ite►n C. - Non chcrrch portion of the alley.
However, tliis portion of the alley that adjoins lot 21 would provide connection to the
remaining non-vacated alley. The proposed access - easement driveway would then
extend from Stli street on the west, cross over lot (21) and coruiect to the alley at the east
end of lot 21, providing access-egress for all current users of the alley.
T/zis proposed vacation ojpart ojthe alley would create a need for the jollowing
stipulatio�is: "
17.11
p.4
1. That the church provide an alternate access-easement driveway for all owners who are
prescntly using the alley to acccss their property...whether home, garage, or other
services. And, that such an access - easement driveway be provided across the entire
Icngtl� of lot 21 to connect directly to the alley needed specifically by these homeowners:
t. 53?9 Sth St. - Walkcr 2. 5331 Sth St. - Stimack 3. 5367 Sth St. - Sellards
And, that the portion of allcy not vacated and presently used by tI�ese homeowners,
continuc to have such access without changc of deFned boundaries or other easements so
as to insure their continued access to homes, gara�es and other services.
2. That the church provide for all necessary drau�age easements for the alley connection
and acccss - easement driveway, thus reducing soil erosion and improving the access -
cgress surface.
Thc construction of this access - easement driveway also lends itself to the future
deve(opuient of additioilal parking for the church. (Detailed on the Nlaster Plan of
property improvements.)
3. That thc present City cascmeuts located in d1e alley adjoining all othcr property owners
remain in cffect for all the utilities, a�id that the proposed vacated area of alley adjoining
the church property continue to scrve as utility easement, except that the church would
tl�cn grant the easement.
4. That the church grant and record easement to 5329 Sth St. / Debra Walker, for
relocation of a too( shcd. Rcasons:
a.) The shed presently encroaches onto the church property as displayed on the
topography map.
b.) Tlie shed wou(d need to be moved anyway to provide adequate turn/comer
space from the new access - easement driveway onto the alley.
5. That the church record an easement to provide Amoco continued rights across the
former alley.
We respectfully submit our requests and will endeavor to speak to other concerns from
the members of the City Planning Conunission.
Roslyn Park Wesleyan Church,
Property Lnprovement Committee
David Jolu�son, Harvey Teske, Janet Gri�th, Nita Fernelius, Gary Brewster
17.12
�
CITY OF FRIDLEY
5431 UNlVERSITY AVENUE
FRIDLEY, MN 55432
(612) 571-3450
COMMUNITY DEVELOPMENT DEPARTMENT
APPLICATI OR:
Vacation of Street Alley,br Easement
Address: 53 0 �
Prope�ty Identification
Legai Description: Lot
_ site plan required for submittai, see attached
. �.� �. �lF �,,. ; � �z�� . r.��� .s-s �ta �
Number. '
Biock l5, Tract/Addition
��- - •�� , a , �:.�� 1
Current Zoning: Square footage%acreage:
Legal Description of Street, Aliey or Easement to be Vacated:
Reason for Vacation:
Have you operated a business in a city which required a business license?
Yes No c/ If Yes, which city? _
If Yes, what type of business?
Was that license ever denied or revoked? Yes No
....�..�r.�. r �..�..�. r�.r.�.�...�. r.�. �...r�rr�..�.....�.r.�r....�..�..�.�..�..�..�....�....r.�......r.�r......�.�.�r.�r.�.rr.�.�.n..w.�r�.�..�rwrwr�r�r^..�.�rr.�.
FEE OWNER INFORMATION (as it appears on the prope�ty title)
(Contract purchasers: Fee owners must sign this form prior to processing)
NAME:
ADDRESS:
DAYTIME PHONE: SIGNATURE/DATE:
�r�V�r�r�V�VN�V1V�r�V�V�rti�Vti�r�VNwn^r�r�V�VAr^r�rti�V/VAr�V�r�r^riV^rAr�V�V�V�rV V1VNN�rArti�r�Vti1V�V�VN�V�V�V�V�V1V�Y�V�V'V
NAME: _ JF'l�S /Uc� ��ar1C �ciZs I�I a,v�
ADDRESS: _ �5_3 DO �7`l1 �,�, /�/E r,' /e
DAYTIME PHONE: 57e?— I�095� SIGNATURE/DATE:
FEES .
Fee: $250.00 _s�
Application Number: 5� ��`�$AReceipt #: �//� Received By:
Scheduled Planning Commission Date: i%u4u� �'
Scheduled City Council Date: 'eofe�. �,
10 Day Application Complete Notification Date: J�I.r ��
60 Day Date: �'��
17.13
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07/31/1998 10:09 6125728094
7/3�.198 - ,I�f��
July 14, 1998
ROSLYN PARK CHURCH
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COU NTY
PAGE 01
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�F AN�KA
O�'Pct of tlu Examiner oj Titks
COURTHOUSE ANOKA. MINNESOTA 55303
Kerth M. Graham
Ulteig Engineers, Inc.
5201 East Rivec Road, Suite 308
Minneapolis, MN 55421
re: Proposed Vacation of Alley
Block 15, HAMILTON'S ADDITION TO MECHANICSVILLE
(Your letcer of July 9, 1998)
Dear Mr. Graham:
612-422-7485
Ja�s J. Pa�ly
ExamiRer of 7itles
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l.���:J�L � 6 t��8
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I have reviewed the drawings which accompanied your above-referenced letter, which I received on
July 13� 1998, and I offer the following comments in response to your inquiry.
Because the apey which extends thraugh Block 15, HAMILTON'S ADDTTION TO
MEC.i�ANICSVILLE, was dedicated prior co che registration of the lots in �hat block, the alley is,
in fact, registered land. Registration of platted land includes adjoining streeu and alteys which accrue
to such land upon vacation. Conscquently, the vacated alley can be added to the land description
oE the current cerciEcates of title by examiaer's directive; a new initial registration is not necessary.
I recommend using the fvllowing descriptions, given the lot combinations on the certi�icates of title
owned by the church:
Certi�icate Number
Vacat�d Allev Dcscription
12546 The east half of that part of the vacated alley in Block 15, HAMILTON'S
ADDITION TO MEC�iANICSVILLE, Anoka Counry, Minnesota, lying
between the westerly extensions across it oE the north line of the south
hatE oE Lot 11 and the south line of Lot 15, said Block 15.
14199 The east half of that part of the vacated allcy in Block 15, HAMILTON'S
ADDITION TO MECHANICSVILLE, Anoka County, Minnesota, lying
between the westedy extensions across it o� che north line of Lot i l and
the south tine oE the north half of said Lot 11, said Block 15.
17.14
Aftirm�tive Actlan / Equal Opponunity Employer
07/31/1998 10:09
lCeith 11�L Graham
Pagc 2
July 14� 1998
612572@094
S&rSificate Numbec
ROSLYN PARK CHURCH
Vacated AIl , DescriR 'on
PAGE 02
15010 The west halE of that part of the vacated alley in Block 15,
HAMILTON'S ADDITTON TO MECHANICSVII.,LE, Anoka County,
Minneaota, ]ying between the easterly cxtensions across it of the north
line of Lot 17 and the south tine.of Lot 16, said Hlock 15.
44292 The west half of that part of the vacated alley in Block 15,
HAMILTON'S ADDTITON TO MECHAMCSVILLE, Anoka County,
Minnesota, lying between the easterly extensions accoss it of the north
line of Lot 19 and the south line of Lot 18, said Hlock 15.
21634 The west half of that part of the vacated alley
HAMILTON'S ADDITION TO MEC�-iANTCSVILLE,
Minneaoca, lying between the easterly extensions across
line of Lot 21 and che south lioe of Lot 20, said Block 15
in B1ock 15,
Anoka County,
it of thc north
A certified copy oE the municipal resolution or ordinance vacating the alley must be filed with the
�egistrar of tittes and memorialized on each certificate of title owned by the church. The registra�'a
fee for �iling the certified copy of the resolution or ordinance and entering the memorial thereoE is
519.50 per certificate, for a�ocal of $97.50.
After thia has been done, the church should direct its written request for an ezaminer's directive to
my attention aad I will then direcc the re�istrar of tittes to add the land descriptions sec forth above
to the respective certi�cates of title. Th,e fee for filing this written direttive is 519.50 per certificate,
for a total of 597.50.
Based on a cotal of 6ve certificates, chis process would therefore cost the church S195.00. I think that
most lenders and �rospectic�e purchasers would expect to have the process completed, and %r that
reason doing so might be a wise idea.
JJPhnp
any questions or comments which you may have.
17.15
CONSULTING ENGINEERS
�
L/LTE/OcHqsnrsve
��
ULTEIG ENGINEERS, i►vc.
5201 EAST RIVER ROAD, SUITE 308 MINNEAPOLIS, MN 55421
PHONE 612-571-2500
FAX 612•571-1766
LEGAL DESCRIPTION FOIi.: ROSLYN PARK WESLEYAN CHURCH
PROPOSED ACCESS EASEMENT TO LOT 22
A non-exclusive easement for ingress and egress over and across all that part of
Lot 21, Block 15, HAMILTON'S ADDITION TO MECHANICSVILLE, Anoka
County, Minnesota, which lies within a strip of land 16.00 feet in width, the
centerline of said strip being described as follows:
Commencing at the Northeasterly corner of said Lot 21; thence North 89° 07' 40"
West along the North line of said Lot 21 for a distance of 8.00 feet to the actual
point of beginning of the centerline to be described; thence South 00° 12' 17" East
for a distance of 6.00 feet; thence Southwesterly along a tangential curve concave
to the Nort-hwest having a radius of 16.00 feet and a central angle of 90° 00' 00"
for a distance of 25.13 feet; thence South 89° 47' 43" West for a distance of 107.05
feet, more or less, to the Westerly line of said Lot 21, and there terminating.
The side lines of said strip shall be lengthened or shortened as necessary to form a
closed figure.
kmg
6/S/98
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17.16
EQUAL OPPOR'NNITY EMPIAYER
��
�O�
_�-
July 22, 1998
Mr. Scott Hickock
City Of Fridley
6431 University Avenue NE
Fridley, MN. 55432
Dear Mr. Hickock:
Amoco Pipeline Company
28100 Torch Parkway
Suite 800
Warrenville, Illinois 60555-3938
(630)836-5100
Vacated Alleyway Roslyn Park Church Series 4000 LL 1680-A
Keith Graham of LJlteig Engineers and I have discussed the proposed conveyance of an
alleyway from the City to Roslyn Park Church in an area. where Amoco has an existing
pipeline traversing the public alleyway. Mr. Graham has provided me with the details of
the transaction along with a description of the easement area Amoco will need to acquire
to protect our land rights. Amoco appreciates the City's concern for protecting our rights
in this area.
I have enclosed a proposed easement agreement for the right-of-way area needed. The
problem is that I recognize that the City can not grant a permanent easement, yet at this
date the City remains the owner of record for the area. Therefore until such time as the
City deeds the alleyway to Roslyn Park Church, et. al. the agreement can not be executed
by representatives of the Church. Assuming this transaction is finalized please have the
authorized representative for the Church complete the information needed in the heading
of the agreement, execute the ageement page 2, complete the notary information, and
return the agreement to my attention for recordir.g.
Should you have any questions please contact me at 630-836-5190.
Very truly y urs,
chae . ayden
Keith Graham - �
file - . '
17.17
6
File4000 15so-A
EASEMENT AND RIGHT OF WAY AGREEMENT
FOR AND IN CONSIDERATION of the sum of Ten Dollars ($10.00), and other
consideration, the receipt of which is hereby acknowledged, the undersigned,
, whose mailing address is
,(hereinafter called "Grantor" whether one or more),
hereby grants, bargains, sells, conveys and warrants to AMOCO PIPELINE COMPANY,
a Maine corporation whose mailing address is 28100 Torch Parkway, Suite 800,
Warrenville, Illinois 60555-3938, (hereinafter called "Grantee"), its successors and
assigns, a permanent Easement for an existing pipeline or pipelines and the perpetual
right and privilege of operating, inspecting, maintaining, protecting, marking, repairing,
replacing, changing the size of, and removing said pipeline or pipelines and
appurtenances, equipment, and facilities useful or incidental to or for the operation or
protection thereof, for the transportation of oil, gas, water, or any other substances,
whether fluid or solid, any products and derivatives thereof, and any combinations and
mixtures thereof, upon, over and through the following described land located in
Anoka County, State of Minnesota , to wit:
Attached hereto and thereby made a part hereof see Exhibit A
for centerline description of a 12' long easement area.
Together with the right of access to said pipeline or pipelines and the right of ingress and
egress on, over, and through the above described land for any and all purposes
necessary and incident to the exercise by said Grantee of the rights granted hereunder
with the further right to maintain the easement herein granted clear of trees, undergrowth,
brush, structures, which in Grantee's opinion, may interFere with the normal maintenance
of the pipeline or pipelines and any other items, to the extent Grantee deems necessary
in the exercise of the rights granted herein.
Grantor shall have the right to use and enjoy the above described premises;
provided, however, Grantor shall not exercise such use and enjoyment in a manner that
will impair or interFere with the exercise by Grantee of any of the rights herein granted.
Grantor shall not build, create, construct, or permit to be built, created or constructed, any
obstruction, building, lake, engineering works, or any other type of structure within 25-feet
of the pipeline or pipelines. It is mutually agreed, however, that the foregoing restriction
shall not prohibit the construction of public roads, driveways, fences and public utilities,
hereinafter called "facilities", across said right of way but it shall prohibit the construction
of such facilities longitudinally within said right-of-way. Grantee shall not be held liable to
Owners for any damages caused to any such facilities constructed across said right-of-
17.18
way in exercising its rights granted in said Right of Way Conveyance, and provided
further that if in the judgment of Grantee, the construction of such permitted facilities
requires alteration, or lowering, or other protective measures for the pipeline or pipelines,
the entire cost of such alterations, lowering, or other protective measures shall be borne
solely by Owners of such facilities.
Grantee agrees to pay for damages to growing crops, pasturage, timber, fences, of
Grantor resulting from the exercise of the right herein granted; provided, however,
Grantee shall not be liable for damages caused on the Easement by keeping said
easement clear of undergrowth, brush, structure, or any other obstructions.
The terms, conditions and provisions of the Easement shall extend to and be
bindiny upon the heirs, executors, administrators, personal representatives, successors
and assigns of the parties hereto. The Easement and rights herein granted may be
leased or assigned in whole or in part.
TO HAVE AND TO HOLD said Easement, rights, estates and privileges unto
Grantee, its successors and assigns.
IN WITNESS WHEREOF, Grantor has executed this Easement this
day of , 199
WITNESS:
THE STATE OF )
) ss
COUNTY OF )
BEFORE ME, the undersigned, a Notary Public, in and for said County and State,
on this day of , 199 , personally appeared
to me known to be the person who executed
the within and foregoing instrument, and acknowledged to me that she executed the
same as free and voluntary act and deed and for the purposes and
consideration therein expressed.
My Commission expires:
Notary Public
17.19
CONSU�TING ENGINEERS
ULTEIG ENGINEERS, iNC.
5201 EAST RIVER ROAD, SUITE 308 MINNEAPOLIS, MN 55421
. ������ ��-
PHONE 812-571-2500
FAX 672-571-1768
LEGAL DESCRIPTION FOR: ROSLYN PAR,K WESLEYAN CHURCH
EASEMENT TO BE RESERVED FOR AMOCO PIPELINE
A non-exclusive easement for an oil and gas products pipeline under and across all
that part of the following described tracts:
The East half of that part of the vacated alley in Block 15, HAMILTON'S
ADDITION TO MECHANICSVILLE, Anoka County, Minnesota, lying
between the westerly extensions across it of the North line of the South half
of Lot 11 and the South line of Lot 15, said Block 15;
.� �
The West half of that part of the vacated alley in Block 15, HAMILTON'S
ADDITION TO MECHANICSVILLE, Anoka County, Minnesota, lying
between the easterly extensions across it of the North line of Lot 17 and the
South line of Lot 16, said Block 15;
Which lie within a strip of land 50.00 feet in width, said strip lying 25.00 feet on
either side of the following described centerline:
�or�lmencing at the Southeast c�rner of Lot i� of said �lock i5; tnence
North along the East line of said Lot 15 for a distance of 5.84 feet to the
point of beg�nning of the centerline to be described; thence Westerly to a
point on the West line of Lot 16 of said Block 15, said point being 5.90 feet
North of the Southwest corner of said Lot 16.
Said strip being 12.00 feet in length, and lying 25.00 feet Northerly and 5.86 feet
Southerly of the above described centerline.
kmg
7/17/98
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EQUAL OPPORIVNITY EMPLOYER
PETITION FOR VACATION OF ALLEY
The undersigned, owners of property in Block 15, HAMILTON'S
ADDITION TO MECHANICSVILLE, hereby petition the City of Fridley
for vacation of the alley in said Block 15 lying between the
Northerly line of 53rd Avenue N.E. and the Southerly line of 54th
enue N.E..
date:
Patricia Moldenhauer; Lots 1& 2:
date:
Ro rt .& Frances Gideo; ots 3& 4:
� date � aZd � 9
Richard K. Blank; Lots 5& 6:
Bankers Trust Co. of CA; Lots 7& 8;
Contract Purchasers:
Ying Yang: date:
Yeu Yang: date:
Ying Kong Yang: date:
Xiong Xi Yang: date:
Ying M.I Yang;� ' - date:
// / / �
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Dallas & Patric,i�a_,R,�msey; Lots 9 &
� "`-�� date : - d
o lyn ark sle an Ch rch; Lots 11 through 21:
date : '�3�U
eborah J. � al er; L-s 22 & 23:
� ��- �
/-.���'z'- F'�r��� � date : 6
Thomas Stimack & Shirley Barton; L ts 24 & 25:
date•
JeASe J� Sell�rd�; �ots 26 & 27: . �
�/r v yw� w •� wt� date : '
Christine L. Bates; Lots 28, 29 & 3:
17.21
PETITION FOR VACATION OF ALLEY
The undersigned, owners of property in Block 15, HAMILTON'S
ADDITION TO MECHANICSVILLE, hereby petition the City of Fridley
for vacation of the alley in said Block 15 lying between the
Northerly line of 53rd Avenue N.E. and the Southerly line of 54th
enue N.E..
, date:
� Patricia Moldenhauer; Lots 1& 2:
date:
Ro rt & Frances Gideo; ots 3& 4:
/Y�_ /��_A' ����i� a,�.,.,_ � �9/1 i9Q'
lt11.11Q11.A L\ • L71Qllf1 � LV 1...7 J cX V.
Bankers Trust Co. of CA; Lots 7& 8;
Contract Purchasers:
Ying Yang:
Yeu Yany:
Ying Kong Yang:
Xiong Xi Yang: �' �
Yinq M. Yang� . .
11 _�
��o
Dallas & Patricia �msey; Lots 9& 10;/ // '
� V
date•
�o lyn Park sleyan Church; Lots 11 through 21:
�/ 1_ �_ /� 7�7 /�/� , . i_ _ .� 2-�,w
Deborah J.�64a1g'cer; L s 22 _& 23 :
/r�//�i—� � /� .: --- /J
�� �- c-- �'� date :
Thomas Stimack & Shirley Barton; L ts 24 & 25:
date:
Jesse J� Sell�rd�; �ts 26 & 27 : � �_ �
�/r v yw� w �•� w« aa L e•
Christine L. Bates; Lots 28, 29 & 3:
17.22
�
PETITION FOR VACATION OF ALLEY
The undersigned, owners of property in Block 15, HAMILTON'S
ADDITION TO MECHANICSVILLE, hereby petition the City of Fridley
for vacation of the alley in said Block 15 lying between the
Northerly line of 53rd Avenue N.E. and the Southerly line of 54th
enue N.E.
. ,_ . O• _ _- .
P��icia Mo enhauer; Lots 1& 2: � �
date - '
Ro rt Frances Gideo; ots & 4:
�� date � �D �
Richard K. Blank; Lots 5& 6: '
Bankers Trust Co. of CA; Lots 7& 8;
Contract Purchasers:
Ying Yang: date: �
Yeu Yang: date:
Ying Kong Yang: date:
Xiong Xi Yang: date:
Ying M . Yanc�� - _ date :
/I J
..� / vJ ..
Dallas & Patricia „Fj�msey; Lots 9& 10;
aaLe:
Park sle an Ch rch; Lots 11 through 21:
,� %���� ���P_ �� �a3-��
'Deborah J.�64a1R'cer; L ts_ 22 _& 23 :
-�� �_ `� _ ,` �- � da t e . �
Thomas Stimack & Shirley Barton; L ts 24 & 25:
date:
Jesse J. Sellards; Lots 26 & 27:
17.23
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ULTEIG ENGINEERS, irvc.
5201 EAST RIVER ROAD. SUITE 30B MINNEAPOIIS. MN 55421
PROPOSED VACATION OI' ALLEY IN BLOCK 15
for
ROSLYN PARK WESL�YAN CHURCH
PHONE 812•571-2500
FAX 812-571-1188
All that part of the alley in Block 15, HAMILTON'S ADDITION TO
M�CHANICSVILLE, Anoka County, Minnesota which lies between the Northerly
line of 53rd Avenue N.E. and the Southerly line of 54th Avenue N.E. in said
Block 15.
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17.25
EQUAL OPPOR7UNITY EMPLOYER
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July 9, 1998
ULTEIG ENGINEERS, irvc.
5201 EAS`T RIVER ROAD, SUITE 308 MINNEAPOLIS, MN 55421
Mr. James Pauly
Anoka County Examiner of Titles
325 East Main Street
Anoka, MN, 55303-2489
RE: Proposed Vacation of Alley
Block 15, HAMILTON'S ADDITION TO MECHANICSVILLE
Mr. Pauly:
PHONE 612-577-2500
FAX 6t2-571-1168
Roslyn Park Church and the other owners of property in Block 15 of
� HAMILTON'S ADDITION TO MECHANICSVILLE, Anoka County, Minnesota are
petitioning �he city of Fridley for vacation of the alley in Block 15. As noted on
the enclosed drawing, all lots in the block have Torrens title.
: The vacated alley will be abstract property. The owners have asked if it would be
, advisable, necessary or prudent to have the vacated alley added to the Torrens
Certificates. What steps would be required to accomplish this? Could this be
done with an Examiners Directive, or would a new proceeding be required?
Upon vacation, the adjoining lots would acquire to the center of the alley.
Between adjoining lots, would the boundaries be the lot lines extended, or would
' they be extended at right angles from the rear lot line to the center of the alley?
. Who would make that determination?
Any information and advice you could provide will be appreciated.
Yours truly,
�����:�x-� �� �
'�.6�ti_ ""`"
Keith M. Graham, R.L.S.
Ulteig Engineers, Inc.
cc: Pastor Gary Brewster
Roslyn Park Church
Enclosures
,�• ° ' •.
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EQUAL OPPORTUNITY EMPLAYER
CONSULTING ENGINEERS
�
�/LTE/6c•�KeQ�e
�
June 22, 1998
MEMORANDUM
DATE OF MEETING
CLIENT:
PROJECT:
UEI PROJECT NO.:
MEMO BY:
PRESENT:
ULTEIG ENGINEERS, irvc.
5201 EAST RIVER ROAD, SUITE J08 MINNEAPOIIS. MN 55421
O6- I 7-98
Roslyn Park Wesleyan Church
Alley Vacation
96732
Mark Peterson
Gordy Chapin, NSP
Mark Peterson, UEI
A mecting was held at the sitc. The foilowing items were addressed:
PHONE 872-577-2500
FAX Bt2-577-7168
GG
KG
MP
File
Peterson informed Chapin that the alley dividing the church's property will be vacated by the City.
Peterson asked Chapin if NSP requires that their poles be moved out of the alley because it is being
vacatcd. The City of Fridiey does not require NSP to remove their poles. Chapin stated chat NSP
would lcave their poles in the vacated alley until the church expansion occurs.
2. Peterson and Chapin discussed relocaling lhe existing power poles to facilitate future expansion of the
existing church. Chapin statcd that UEI should allow for l0' of clearance between the church and
overhead power lines. Chapin recommendecl that the poles be Ieft in place unlil the church expansion
takes place.
Peterson asked Chapin what the cost would be to relocate the existing poles to facilitate future
expansion of the church. Chapin stated that there would be a minimal charge to move the poles;
approximately $500 lo $600 per pole. Chapin also stated that $2000 would be the maximum amount
that the church would be charged to relocate all the poles.
4. Chapin stated that guy wires on thc relocated poles should be able to be avoided. Chapin stated that
cribbing planks could be used to provide additional support [o the poles.
Chapin stated that NSP would require 3-4 weeks of lead-time to relocate the poles.
6. Peterson informed Chapin that the church may require additional electric capacity due to the
expansion. Chapin statcd that NSP would increase capacity by installing a larger overhead
transfonner. Chapin stated that there would be no charge to the church to install a larger transformer.
c: Pastor Gary Brewster
Attachment
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EQUAL ��M'(JRTUNITY EMPIAYER
CONSULTING ENGINEERS
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ULTEIG ENGINEERS, iNC.
5207 EAST RIVER ROAD, SUITE 308 MINNEAPOLIS, MN 55421
PHONE 672-571-2500
FAX 612-577-118H
LEGAL DE5CIZIPTION I'Oft: ROSLYN PARK W�SLEYAN CHURCH
PROPOS�D UTILITY EASEMENT
An easement for utility purposes over, under and across all that part of Lots 11,
16, 17, 18, 19, 20 and 21, and the vacated alley adjacent thereto, Block 15,
HAMILTON'S ADDiTION TO MECHANICSVILL�; Anoka County, Minnesota,
which lies within a strip of land 16:00 feet in width, the centerline of said strip
being described as follows:
Commencing at the Southeasterly corner of said Lot 16; thence North 89° 03' 56"
West along the South line of said Lot 16 for a distance of 3.00 feet to the actual
point of beginning of the centerline to be described; thence North 03° 52' 04" West
for a distance of 39.14 feet; thence North 03° 16' 59" West for a distance of 65.18
feet; thence North 05° 31' 13" East for a distance of 100.25 feet; thence North 00°
12' 17" West for a distance of 34.51 feet, more or less, to a point of intersection
with the �asterly extension oF the Northerly line of Lot 21 of said Blocic 15, and
there terminating.
The side lines of said strip shall be lengthened or shortened as necessary to form a
closed figure.
kmg
6/23/98
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EQUAL OPPORTUNITY EMPLAYER
CONSULTING ENGINEERS
ULTEIG ENGINEERS, iNC.
5201 EAST RIVER ROAO, SUITE 308 . MINNEAPOIIS, MN 55421
June 23, 1998
Mr. Gordy Chapin
Customer Service Design 1Zepresentative
Northern States Power Company
1518 Chestnut Avenue North
Minneapolis, MN, 55403
Mr•. Chapin;
PHONE 6/2•571-2500
FAX 812•57�-1168
IZecently you met with Mr. Mark Peterson of this office regarding future plans at
Roslyn Park Wesleyan Church. The church, located at 5300 6th Street North, is
petitioning the city of rridley for vacation of the alley adjacent to the church. The
all�ey runs North from 53rd Street to 54L-h Street, between 5th Street and 6th
Sti•eet. The purpose of the alley vacation is to allow future expansion of the
church building and parlcing lot.
N��P, U. S. West and Paragon Cable have facilities on the N.S.P. power poles in
the alley. It is assumed that the city will retain an easement for utility purposes
over the vacated alley adjacent to Lots 1 through 10 and 22 through 30. Roslyn
Park Church owns Lots 11 through 21, and wishes to provide an easement for
future re-location of the poles. We have prepared a proposed easement description
acr•oss the church parcel. We are enclosing two copies of the proposed description,
and the proposed site plan showing the proposed easement. �
The city of I+ ridley is not requiring that the poles be re-located at this time. At
yoi.�r meeting with Mr. Peterson, you indicated that N.S.P. would leave their poles
in the current location until the church expansion occurs.
If t;he proposed easement and future re-location are acceptable, please send us a
brief letter to that effect.
Yo�urs truly,
//
��
Keith M. Graham, R.L.S.
Ult;eig Engineers, Inc.
cc: Pastor Gary Brewster
R,oslyn Park Church
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EQUAL CfPP�(TUI�ITY EMPIAYER
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CONSULTING ENGINEERS
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June 23, 1998
ULTEIG ENGINEERS, irvc.
5201 EAST R�VER ROAO, SUITE 308 MINNEAPOIIS, MN 55421
Mr. Joe Brownrigg
Paragon Cable Design Department
10201 Crosstown Circle
�den Prairie, MN, 55344
Mr. Brownri�g;
PHONE 612-571-2500
FAX 612-571-116H
R.oslyn Park Wesleyan Church, located at 5300 6t;h Street North, is petitioning the
city of rridley for vacation of the alley adjacent to the church. The alley runs
North from 53rd Street to 54th Street, between 5th Street and 6th Street. The
purpose of the alley vacation is to allow future expansion of the church building
and parking lot.
NSP, U. S. West and Paragon Cable have facilities on the N.S.P. power poles in
the alley. It is assumed that the city will retain an easement for utility purposes
over the vacated alley adjacent- to Lots 1 through 10 and 22 through 30. Roslyn
Park Church owns Lots 11 through 21, and wishes to provide an easement for
future re-location of the poles. We l�ave prepared a proposed easement description
across the cliurch parcel. We are enclosing two copies of the proposed description,
ancl the proposed site plan showing the proposed easement.
The city of I�'ridley is not requiring that the poles be re-located at this time.
N.S.P.'s Customer Service Design 1Zepresentative, Gordy Chapin, has indicated
that they �vould leave their poles in the current location until the church
exPansion occurs.
If the proposed easement and future re-location are acceptable to Paragon Cable,
please send us a brief letter to that effect.
Yours truly,
�/' i'
����� �" � , ,. ,�
4'.��� �
Keith M. Graham, R.L.S.
Ulteig Engineers, Inc.
cc: Pastor Gary Brewster
Roslyn Park Church
,�•� ' •.
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EQUAL OPPORO ITY EMP[AYER
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CONSU�TING ENGINEERS
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June 23, 1998
ULTEIG ENGINEERS, iNC.
5201 EAST RIVER ROAD, SUITE 30B MINNEAPOLIS, MN 55421
Mr. Ron Tombarge
U. 5. West Engineerin� Department
9700 5chmidt Lake Road, IZoom 155
Plymouth, MN, 55442
Mr. Tombarge;
PHONE 612•577-2500
FAX 612-571-1166
Roslyn Park Wesleyan Church, located at 5300 Gth Street North, is petitioning the
city of rridley for vacation of i;he alley adjacent to the church. The alley runs
North from 53rd Street to 54th Street, between 5th Street and 6th Street. The
purpose of the alley vacation is to allow future expansion of the church building
and parking lot.
NSP, U. S. West and Paragon Cable have facilities on the N.S.P. power poles in
the alley. It is assuined that the city will retain an easement for utility purposes
over the vacated alley adjacent; to Lots 1 through 10 and 22 through 30. Roslyn
Park Church owns Lots 11 through 21, and wishes to provide an easement for
future re-location of the poles. We have prepared a proposed easement description
across tlie church parcel. We are enclosing two copies of the proposed description,
and the proposed site plan showing the proposed easement.
The city of rridley is not requiring that the poles be re-located at this time.
N.S.P.'s Customer Sei-vice Design Representative, Gordy Chapin, has indicated
that they would leave their poles in the current location until the church
expansion occurs.
If the proposed easeinent and future re-location are acceptable to U. S. West,
please send us a brief letter to that effect.
Yours truly,
.,
/� ���� i/
��.�.9yi. /-'v�r ��_-___�-
Keith M. Graham, R.L.S.
Ulteig �ngineers, Inc.
cc: Pastor Gary Brewster
Roslyn Park Church
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17.31
EQUAL OPPORTUNITY EMPLOYER
�
� CONSU�TING [NGINEERS
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�/LTE/6��p��e
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June 22, 1998
ULTEIG ENGINEERS, iNC.
5201 E/lSf RIVER ROAD, SUITE 308 MINNEAPOL15. MN 55421
Mr. Ken Andreen, Field Engineer
AMOCO Pipeline Company
9400 Winnetka Avenue North
Brooklyn Park, MN, 55445
Mr. Andreen;
PNONE 612•577-2500
FAX 812•571•tt88
Roslyn Park Wesleyan Church, located at 5300 Gth Street North, is petitioning the
city of Fridley for vacation of the alley adjacent to the church. The alley runs
North from 53rd Street between 5th Street and 6th Street.
AMOCO has a pipeline ci-ossing the alley. The pipeline is located 5.86 feet north
of the north line of 53rd Street. I spoke ��itli John Beal of your office, who
indicated that AMOCO requires an easement 25 feet in width on each side of the
line. Based upon that information, «�e have prepared a proposed easement
description across the south 30.86 feet of the alley for the pipeline. We are
enclosing two copies of the proposed description, and the proposed site plan
showing the proposed easement.
If the proposed easement is acceptable, please send us a brief letter to that effect.
Yours truly,
_,
�
�r-t; �._._----
Keith M. Graham, R.L.S.
Ulteig Engineers, Inc.
cc: Pastor Gary Brewster
Roslyn Park Church
,�•� ' •�
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17.32
fiOUAL OPPORTUNITY EMPIAYER
�
CONSULTING ENGINEERS
PHONE 6/2-671-2500
� FAX 612-577-1168
ULTEIG ENGINEERS, irvc.
5201 EA57 RIVER fiOAD, SUITE J08 MINNEAPOI.IS, MN 55421
LEGAL D�SCR.IPTION FOR: RUSLYN PARK WESLEYAN CHURCH
EASEMENT TO BE R�SERVED I�'OR AMOCO PIPELINE
A non-exclusive easement for an oil and gas products pipeline under and across
the South 30.86 feet of that part of the alley in Block 15, HAMILTON'S
ADDITION TO MECHANICSVILLE, Anoka County, Minnesota, which lies North
of the Northerly line of 53rd Avenue Northeast.
krrig
6/9/98
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17.33
EQUAL OPPORTUNITY EMPLAYER
(�
MEMOR.ANDUM
PLANNING DIVISION
DATE: September 10, 1998
TO: William 1N. Burns, City Manager �r��
FROM: Barbara Dacy, Community Development Director
Scott J. Hickok, Planning Coordinator
SUBJECT: First Reading of an Ordinance to Amend The Zoning Ordinance to
Permit Automatic Meter Reading Devices in the Public Right-of-
Ways and on Public Utility Structures
On August 19 and September 2, 1998, the Planning Commission considered a
Zoning Text Amendment, ZTA #98-01, by CeIINet Data Services.
CeIINet Data Services has applied for a text amendment to the City Code to allow
"Automatic meter reading systems." Automatic meter reading systems are the
next technological step in the telecommunications industry. They are basically
boxes, which can be mounted on telephone or light poles, that are able to read
utility meters. They relay the information from a utility meter in a residence or
business to the utility company.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission recommended approval of ZTA #98-01 as
recommended by staff. The first reading of the ordinance is attached for your
approval. The new language is highlighted in gray.
RECOMMENDED ACTION
Staff recommends adoption of the attached ordinance as presented. Second and
final reading will be scheduled on September 28, 1998.
18.01
ORDINANCE NO.
AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER
205, ENTITLED "ZONING", BY AMENDING NEW SECTION 205.29, "0 -
5 TELECOMMUNICATIONS TOWERS AND FACILITIES DISTRICT" TO
REGULATE AUTOMATIC METER READING SYSTEMS BY AMENDING
THE THIRD "WHEREAS", AND BY AMENDING SECTIONS 205.29.01,
205.29.02, 205.29.03, 205.29.05, 205.29.07, 205.29.19, 205.29.22,
205.29.23; AND BY AMENDING SECTION 11.10 FEES.
WHEREAS, On February 8, 1996, Congress enacted the federal Telecommunications
Act of 1996, P.L. No. 104-104, to deregulate the telecommunications industry, providing
a more competitive environment for wired and wireless telecommunication services in
the United States; and
WHEREAS, a concomitant effect of increased competition in the market for wireless
telecommunications services is an increased demand for antenna sites on Towers and
other Antenna Support Structures necessary for providing wireless service via existing
and new technologies; and
WHEREAS, the Telecommunications Act of 1996 preserves the authority of the City to
regulate the placement, construction, and modification of Towers, Antenna Support
Structures, Wireless Telecommunications Facilities, a; T ��" , e°
Syst�t�t�, as hereinafter defined, in order to protect the health, safety, and welfare of
the public; and
WHEREAS, the City solicited industry comment regarding the Ordinance in order to
facilitate industry input and suggestions and concerning the proposed Ordinance and to
work through various alternatives and possible revisions in order to best accommodate
the needs of the City and the industry.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FRIDLEY, MINNESOTA, AS FOLLOWS:
SECTION 1. That Chapter 205 of the Code of Ordinances of the City of Fridley,
Minnesota, be, and hereby is, amended by enacting a new Section 205.29, to be
entitled, numbered and read as follows:
205.29. 0-5 TELECOMMUNICATIONS TOWERS AND FACILITIES DISTRICT
18.02
1. PURPOSE AND INTENT
The general purpose of this Section is to create an overlay zone to regulate the
placement, construction, and modification of Towers and Wireless Telecommunications
� ��, ���- �
Facilities ant{ Autot�iati�Mete���t�e t�. r���ysfern in order to protect the health, safety,
_�;,s_,.�,��. � ,�.�, �.
and welfare of the public, while at the same time not unreasonably interfering with the
development of the competitive wireless telecommunications market in the City.
Specifically, the purposes of this Section are:
A. To protect residential areas and land uses from potential adverse impact of
Towers and Wireless Telecommunications Facilities;
B. To minimize adverse visual impact of Towers and Wireless Telecommunications
Facilities through careful design, sitting, landscaping, and innovative
camouflaging techniques;
C. To promote and encourage shared use/collocation of Towers and existing
Antenna Support Structures as a primary option rather than construction of
additional single-use Towers in order to minimize the adverse visual
impact of Towers and Wireless Telecommunications Facilities;
D. To. avoid potential damage to property caused by Towers and Wireless
Telecommunications Facilities by ensuring that such structured are soundly and
carefully designed, constructed, modified, maintained, located, and removed
when no longer used or determined to be structurally unsound;
E. To ensure that Towers and Wireless Telecommunications Facilities are
compatible with surrounding land uses;
F. To facilitate the provision of wireless teiecommunications services to the
residents and businesses of the City in a streamlined, orderly, and efficient
fashion;
G. To encourage the location of Towers in industrial and business districts, rather
than residential areas.
H. To enhance the ability of providers of telecommunication services to provide
such service to the community quickly, effectively, and efficiently.
I. To identify specific sites within the City where Wireless Telecommunications
Facilities may be located.
18.03
2. DEFINITIONS
The following words, terms, and phrases, when used in this Section, shall have the
meanings ascribed to them in this Section, except where the context clearly indicated a
different meaning:
"Antenna Support Structure" means any building or other structure other than a Tower
which can be used for location of Wireless Telecommunications Facilities.
"Applicant" means any Person that applies for a permit for Wireless telecommunication
facilities or Towers.
"Application" means the process by which a Person submits a request to develop,
construct, build, modify, or erect wireless telecommunication facilities or a Tower upon
land within the City. Application includes all written documentation, verbal statements,
and representations, whatever form or forum, made by an Applicant to the City
concerning such a request.
"Approved Site" means a site which has been approved by the City Council as an
eligible location for placement of wireless communication facilities.
"City" means the City of Fridley, Minnesota.
"Electrical Engineer" means an Electrical Engineer licensed by the State of Minnesota.
"Existing Site" means a Tower or Antenna Support Structure for which a permit has not
been issued prior to the Effective Date, and which is not located on an Approved Site.
"Owner" means any Person with fee simple title to any Approved Site, Existing Site, site
approved by special use permit, or Wireless Telecommunications Facility.
18.04
"Person" is any natural person, firm, partnership, association, corporation, company, or
other legal entity, private or public, whether for profit or not for profit.
"Satellite Earth Station Antenna" is all equipment necessary for processing of traffic
received from terrestrial distributions prior to transmission via satellite and of traffic
received from the satellite prior to transfer of channels of communication to terrestrial
distribution systems.
"State" means the State of Minnesota.
"Structural Engineer" means a structural engineer licensed by the State of Minnesota.
"Tower" means a self-supporting lattice, guyed, or monopole structure constructed from
grade which supports Wireless Telecommunications Facilities. The term Tower shall
not include amateur radio operator's equipment, as licensed by the FCC.
"Wireless Telecommunications Facilities" means any cables, wires, lines, wave guides,
antennas, and any other equipment or facilities associated with the transmission or
reception of communications (other than radio or television broadcast communications)
which a person seeks to locate or have installed upon or near a Tower or
Telecommunications Facilities shall not include:
A. Any satellite earth station antenna two meters in diameter or less which is
located in an area zoned industrial or commercial; and
B. Any satellite earth station reception antenna one meter or less in diameter,
regardless of zoning category; and
.,��� ��
C. Automafic Me�e��Rea�n� , s'�e: �s�
3. NON-CONFORMING USES
A. Existing Sites shall be considered a legal non-conforming use, unless
otherwise provided for in this Chapter.
B. Installation of additional Wireless Telecommunications Facilities beyond
those in existence on the Effective Date of this Ordinance on Existing Sites is
prohibited. Failure to comply with this provision will be considered a violation of
this Chapter and subject to the penalties described herein. Routine maintenance
of Wireless Telecommunications Facilities on existing Sites is permitted, except
18.05
that Existing Sites and any Wireless Telecommunications Facilities installed on
Existing Sites may not increase in size, height, weight, or otherwise result in an
increase in the intensity of the non-conforming use.
C. If any Wireless Telecommunications Facilities in an Existing Site are abandoned
for a period of one year, such Existing Site shall loss its legal nonconforming
status and shall be considered illegal nonconforming use. The abandoned
Wireless Telecommunications Facilities shall not be reestablished on the site,
and must be removed within twelve (12) months of cessation of operations. If
not removed, the City may remove the facility and assess the costs of removal
against the Owner (s).
4. DISTRICT BOUNDARIES FOR OVERLAY ZONE
A Telecommunications Towers and Facilities District, 0-5, is created and shall apply to
all land within the City subject to the p�ovisions and use requirements contained in this
Section.
5. USES PERMITTED
A. The construction of Towers and the installation, operation, and maintenance of
Wireless Telecommunications Facilities shall be permitted use in the Approved Sites
identified on Appendix A to this Ordinance, subject to the provisions of this Chapter.
Additional Approved Sites may be approved by the City Council, subject to the
amendment procedures set forth in Section 205.05.03 of the City code, and the
requirements of this section.
B. All principal, special use, and accessory uses allowed in each underlying primary
zoning district are permitted in the Telecommunications Towers and Facilities
District, except that no Towers shall be constructed, and no Wireless
Telecommunications Facilities shall be placed on Towers or Antenna Support
Structures, except as provided for in this Chapter.
C. Special Uses. The construction of Towers and the installation, operation, and
maintenance of Wireless Telecommunications Facilities shall be a special use in
Zoning Districts M-1, M-2, M-3, and M-4, and any abutting railroad rights-of-way,
subject to the special use approval procedures set forth in Section 205.05.04 of the
Code.
�
�$.�s
(1)
�2)
(3)
(4)
��)
6. CRITERIA FOR ADDING APPROVED SITES TO APPENDIX A
Additional Approved Sites, other than those provided in Appendix A to this Ordinance,
shall be approved by the City Council according to the amendment procedures of
Section 205.05.03 of the City code. The criteria used to determine whether a site shall
be designated as an Approved Site shall include, but not be limited to, the following
requirements
A. Whether the proposed new site is capable of being developed to support more
than two operating Wireless Telecommunications Facilities comparable to the
others in weight, size, and surface area.
B. Whether the proposed new site poses a risk of explosion, fire, or other danger
due to its proximity to volatile, flammable, explosive, or hazardous materials such
as LP gas, propane, gasoline, natural gas, or corrosive or other dangerous
chemicals; and
C. Whether the proposed new site is necessary and that useable Approved Sites
are not located within a one-half (1/2) mile radius of the proposed new site; and
D. Whether all foreseeable telecommunications uses of the proposed new site
could comply with the setback requirements of the underlying zoning district; and
E. Whether all foreseeable telecommunications uses of the proposed site could
comply with any separation and buffer requirements of the underlying zoning
district;
F. Whether the proposed site is accessible for service vehicles;
G. If applicable, whether the proposed site has been designed and certified by an
Structural Engineer to be structurally sound and, at minimum, in conformance
18.07
with the Building and Electric Codes adopted by the City, the National Electric
Safety code, and any other standards and requirements outlined in this Section.
H. If applicable, whether the Approved site complies with all applicable Federal
Aviation Administration lighting and painting regulations.
I. Whether the proposed site will further the City's objective that all Towers,
Antenna Support Structures, and Wireless Telecommunications Facilities be
designed to blend into the surrounding environment.
J. Whether the proposed site has adequate open space to allow Wireless
Telecommunications Facilities to be installed without detrimentally impacting
landscape, displacing parking, or impeding sight lines of a current or future
principle use.
K. Whether the proposed site adequately contributed to the City's overall effort to
adequately meet the needs of the wireless telecommunications industry.
L. Whether the proposed site has amenities such as trees that will allow screening
and sight line relief. If no, whether the combination of site size and other site
features help to provide sight line relief.
M. Whether there are other structures near the proposed site that can serve as
visual distractions such as high power transmission structures, highway shoring,
billboards.
N. Whether there are existing buildings or natural topographic features that meet
the height requirements of Wireless Telecommunications Facilities without a
tower structure, or which allow for a lower overall height of any necessary Tower.
O. Whether there is adequate space on the proposed site so that the base of any
necessary Tower can accommodate essential equipment.
P. Whether the proposed site is outside of any underlying residential zoning
districts.
Q. Whether housed equipment can be placed on top or on the side of a structure
that currently existing in the proposed site.
7. APPLICATION FOR PLACEMENT OF TOWERS OR WIRELESS
TELECOMMUNICATIONS FACILITIES IN THE CITY
A. All persons seeking to install, operate and maintain Towers or Wireless
Telecommunications Facilities in Approved Sites in the City must file an
Application with the City which shall include:
18.08
(1) The name, address, and telephone number of the Applicant; and
(2) Written, technical evidence from a qualified and licensed Structural
Engineer that the proposed Tower or antenna support structure is capable
of supporting the equipment necessary to install, operate, and maintain
the proposed antenna. The engineer shall also certify the capability of the
Tower in view of existing or other proposed antenna installations. The
engineer shall also assess and state the design safety margin of the entire
antenna support system. The engineer shall state that within the limits of
engineering certainty, if the structure should fall or collapse for any reason
or due to any event, the structure will be completely contained within the
area identified; and
(3) If proposed on a City-owned site, a completed application form for lease
approval as provided by the City; and
(4) A report from a qualified and licensed professional engineer which
described the height and design of the proposed Wireless
Telecommunications Facility including a cross-section and elevation; and
(5) Site plan drawn at an engineering scale showing the location of the
Wireless Telecommunications Facility in relation to surrounding structures;
and;
(6) If located on a water tower, a written report addressing the requirements
contained herein for water towers; and
(7) Foundation, cross-section, and building plans for installation of the
Wireless Telecommunications Facility; and
(8) An Application fee as required by Chapter 11; and
(9) The Application shall also contain an affirmative statement indicating that
the Applicant agrees to comply with the provisions in Section 205.23.
regarding abandonment; and
(10) No new or existing wireless telecommunications service will interfere with
public safety telecommunications. Before the introduction of new service
or before implementing any change in existing service, all wireless
telecommunications service providers shall notify the City at least ten (10)
calendar days in advance of such changes and allow the City to monitor
interference levels during the testing process; and
(11) Application for a building permit from the City pursuant to Chapter 206 of
the Code; and
18.09
(12) A statement as to whether the proposed development of Approved Site is
capable of being developed to support more than two operating Wireless
Telecommunications Facilities comparable to the others in weight, size,
and surface area; and
(13) Written, technical evidence from an independent consulting engineer
licensed to practice geological engineering in the State of Minnesota
confirming that the soil at the location of the Tower or Wireless
Telecommunication Facility is capable of supporting the proposed
antenna arrays, equipment, and personnel performing typical work
functions; and
(14) A landscaping plan showing location of materials, height at planting, types
of materials, and installation practices.
B. All information submitted with an Application that is trade secret information
or is for other reasons proprietary shall be clearly marked as such when
submitted with an Application. The City shall not disclose publicly, or to any
third party, proprietary information unless compelled to do so by federal,
state, or local law.
C. All persons seeking to install, operate, and maintain Towers or Wireless
Telecommunications Facilities in M-1, M-2, M-3, or M-4 Zoning Districts as a
special use permit shall submit the information required in 205.28.07.A,
except items (3) and (11).
7.5 APPLICATIO,N FO ��'N l��'TO�tIA� C����� E� �ER����: l3 �G� � tG �� ���
�
_ . ..
_
. .,.�a ,_ w.an. _ .. ..x. .�.�..:ma,,,�,��G,,.-.�., e �:,, �ss-Y,ra.�,� x�.� s.,-,-,.�s�:.13a . , x�,: �� �- s' i
�
18.10
:
(5)
(6)
8. APPLICATION PROCESS
A. Upon submission of an Application on an Approved Site, the City shall notify the
Applicant in writing to confirm if the Application is complete addressing all of the
requirements as required by this Section. If the Applicafion is incomplete, the
letter will specify what information is missing and the Applicant must then submit
a new Application. If an Application is submitted on an Approved Site which is
owned by the City, a lease agreement must be approved by the City Council.
The City shall comply with the time deadlines for agency action as dictated in
Minnesota State Statutes. Construction or installation on Approved Sites may
begin upon approval of the lease agreement, if necessary, and issuance of a
building permit.
B. If a Tower or Wireless Telecommunications Facility is approved by a special use
permit, the Applicant must also apply for and receive a building permit.
9. TOWER HEIGHT
Tower height shall be measured from the average adjoining grade to the highest point
of construction of any Tower or Wireless Telecommunications Facilities. Towers are
exempt from the maximum height restrictions of the districts where located. Towers
shall be permitted to a height of one hundred twenty-five (125) feet.
10. STEALTH DESIGN AND EXTERIOR FINISHES
All Approved Sites, Towers, and Wireless Telecommunications Facilities shall be
designed to blend into the surrounding environment. Monopoles with antenna arrays
shall be finished so as to be compatible with other buildings or structures in the area,
18.11
and shall be finished with a non-corrosive material. Wireless Telecommunications
Facilities placed on water towers shall be finished with a non-corrosive material to
match the color of the water tower.
11. ILLUMINATION
Towers shall be artificially illuminated except as required by the Federal Aviation
Administration ("FAA"). Upon commencement of construction of a Tower, in cases
where there are residential uses located within a distance of three hundred (300) feet
from the Tower, and when required by federal law, dual mode lighting shall be
requested from the FAA.
12. LANDSCAPING AND SCREENING
All sites shall include appropriate landscaping as required herein and shall comply with
all landscaping requirements of the underlying zoning district. Accessory above-ground
equipment must utilize existing buildings or structures, if possible. If no existing
structures are available, the Owner of the Wireless Telecommunications Facilities may
construct such a structure. At minimum, all ground equipment shall be fully screened
from public rights-of-way or residential property by existing structures, a brick
decorative wall, or a solid one hundred percent opaque vegetative enclosure, six feet in
height at planting.
13. SECURITY
All towers must be reasonably posted and secured to protect against trespass. Chain
link fences may be used to protect Towers and Wireless Telecommunications Facilities.
Barbed or razor wire is prohibited. All facilities shall be designed to discourage
unauthorized climbing on the structure.
14. INSTALLATION REQUIREMENTS ON WATER TOWERS AND IN CITY
Installation of Wireless Telecommunication Facilities on water towers will be permitted
when the City is fully satisfied that the following requirements are met.
A. The Wireless Telecommunications Facility will not increase the risks of
contamination to the City's water supply.
B. There is sufficient room on the structure and/or in the grounds to accommodate
the Wireless Telecommunication facility.
C. The presence of the Wireless Telecommunication Facility will not increase the
water tower or reservoir maintenance costs to the City. �
18.12
D. The presence of the Wireless Communication Facility will not be harmful to the
health of workers maintaining the water tower or reservoir.
E. All state and federal regulations pertaining to non-ionizing radiation and other
health hazards has been satisfied.
15. BUILDING PERMIT REQUIRED
A building permit is required for installation of any Tower or Wireless
Telecommunications Facility. The completed installation, including all associated
buildings, shall comply with all applicable building codes including but not limited to
N.F.P.A. 70 National Electrical Code, EIA 222 Structural Standards for Steel Antenna
Towers, and others as may be determined by the Building Official.
16. SETBACKS
The tower or wireless Telecommunications Facility shall be located in rear or side yard
areas and shall be set back at least ten (10) feet from side or rear lot lines.
17. SIGNS
Warning or equipment information signs are the only permitted signage associated with
the Tower or Wireless Telecommunications Facility.
18. CERTIFICATIONS AND INSPECTIONS
A. All Towers and Wireless Telecommunications Facilities shall be periodically
reviewed by the City to be structurally sound and in conformance with the
requirements of the City building code, this Chapter, any conditions of approval
placed on a special use permit and all other construction standards set forth by
the City's Code, and federal, state, and local law. Existing Sites may be
inspected for compliance with this Section at any time if the City believes there
are questions regarding compliance with the City building code, this Section, any
conditions of approval placed on a special use permit, all other construction
standards set forth in the City's Code, and all other federal, state, and local laws.
B. The City and its agents shall have authority to enter onto any Approved Site,
Existing Site, or site approved by special use permit between the inspections and
certifications required above, to inspect the site for the purpose of determining
whether the Sites comply with the City's Building and Electric Codes, the
National Electric Safety Code and all other construction standards provided by
the City's Code and federal and State law.
18.13
C. The City reserves the right to conduct such inspections at any time, upon
reasonable notice to the Owner (s). All expenses related to such inspections by
the City shall be borne by the site Owner(s)
19. MAINTENANCE
A. Ordinary and reasonable care of Towers, Wireless Telecommunications Facilities
,
� .�
and Autornaiic Meter Reading S�rsferns/Devices shall be employed at all times.
� ,,��,. ,
All Towers, Wireless Telecommunications Facilities artd ��itomatYc���ec�
Reading Systems shall at all times be kept and maintained in good condition,
order, and repair so that the same shall not menace or endanger the life or
property of any person.
B. Owners shall install and maintain Towers, Wireless Telecommunications
Facilities anci�'Au�rnatic�Mef Re ����y'�s�et�,s/Devices in substantial
. ��. �..:� ��,� ,� ���. ��, �a�,��
compliance with the requirements of the National Electric Safety Code and all
FCC, State and local regulations, and in such manner that will not interfere with
the use of other property.
C. All maintenance or construction on Towers, Wireless Telecommunications
�, n � _ -��� � -� � _�
Facilities or`��utol�tatr� _: e e�Re�.�� ,w���t�t__ Devices shall be performed by
qualified maintenance and construction personnel.
D. All owners of Wireless Telecommunications Facilities �������"' ��°��t� �`
Reading Systems/Device shall maintain compliance with current radio frequency
emission standards of the FCC. In order to provide information to its citizens,
copies of all FCC information concerning Wireless Telecommunications Facilities
and Automafi�Me�.er� I�eadi�"��S�s�e�t�/Device shall be made available to the
... . 9 �Y�
City and updated annually.
E. In the event the use of a Tower, c� � tLL� f� t:� t� `', or a Wireless
Telecommunications Facility �i��_ �: �. � . � � ±� ��� �° ����, -t �` � � : Device is
discontinued by the owner of the Wireless Telecommunications Facility �:
Amutomafic�lVlete e�d ng��'st rn, or in the event an owner files notice to the
FCC of its interest to cease operating the owner shall provide written notice to
the City of its intent to discontinue use and the date when the use shall be
discontinued.
20. PRIORITY FOR USE
Priority for use of the installation, maintenance and operation of Towers and Wireless
Telecommunications Facilities will be given to the following entities in descending order:
A. City of Fridley.
18.14
B. Public safety agencies, including law enforcement, fire, and ambulance services,
which are not part of the City of Fridley and private entities with a public safety
agreement with the City of Fridley.
C. Other governmental agencies, for uses which are not related to public safety.
D. Entities providing licenses commercial wireless telecommunication services
including cellular, personal communication services (PCS), specialized mobilized
radio (SMR), enhanced specialized mobile radio (ESMR), paging, and similar
services that are marketed to the general public.
21. CO-LOCATION
Towers shall be designed to support more than finro Wireless Telecommunication
Facilities.
22. FEES
The applicant shall pay the fees requested by Chapter 11 for processing a request to
install, operate, and maintain a Tower, p t"s � or a
Wireless Telecommunications Facility � : and/or
Devices in ihe City. If deemed as necessary due to the nature of the application, the
applicant shall also be require to reimburse the City for its cost to retain a consultant to
review the requested application.
23. ABANDONMENT
If any site for which approval to install, maintain, and operate a Tower, .��a `'� '
s�u�fur�, or Wireless Telecommunications Facilities �a� .�s����°�� � �
S�rstems has been granted by the City shall cease to be used for a period of 365
consecutive days, the City shall notify the Wireless Telecommunications Facility
operator, Automatic Meter Reading Device Operator and the - � �` �'� � � � � �� ,
that said site has been deemed abandoned. Upon a finding of abandonment by the
City, the Tower, o -��' � �� "' �� � ��� � � � °� � �� ��, or Wireless Telecommunications Facilities��.
or.�%��toma rc-� '' r���a��aQ��rs��m� tnai have been abandoned � be
removed
or Wireless Telecommunications Facil
the City shall assess all costs related to the removal to the owner(s).
24. SEVERABILITY
If any clause, section, or other part of this Ordinance shall be held invalid or
unconstitutional by any court of competent jurisdiction, the remainder of this Ordinance
shall not be affected thereby, but shall remain in full force and effect.
18.15
25. VIOLATION
Any person who shall violate any of the provisions of this Section shall be guilty of a
misdemeanor and subject to the provisions of Chapter 901 of the Fridley City Code.
18.16
11.10 FEES
License and permit fees shall be as follows:
CODE
205.29
SUBJECT
Review request to add an
Approved Site
Special Use Permit for Towers
and Wireless Telecommunications
Facilities
Review an Approved Site
Application
Consultant expertise to review
Tower and Wireless
Telecommunications Facilities
Building permit
Inspection of sites
18.17 '
FEE
$500
$400
$400
Applicant to fully
reimburse costs
As required by
Uniform Building Code
As required by
Uniform Building Code
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
14T" DAY OF SEPTEMBER, 1998.
ATTEST:
DEBR.A SKOGEN - CITY CLERK
Public Hearing:
First Reading:
Second Reading:
Publication:
18.18
NANCY J. JORGENSON - MAYOR
CITY OF FRIDLEY PROJECT SUMMARY
DESCRIPTION OF REQUEST:
Margaret Schatz is requesting that a variance be granted to allow dock doors to face a public right-of-
way. First Industrial L.P.'s industrial facility is at 7925 Beech Street
SUMMARY OF ISSUES:
Code Section 205.18.06.G.(2) requires that all loading docks be located in the side or rear yard and be
screened with a six foot minimum solid screening fence if visible from the public right-of-way. The
I First Industrial property faces Beech Street.
' The landscape along Beech Street (between the pazking lot) and this building is a relatively mature mix I,
I of deciduous and coniferous trees. To add trees to aid in screening the new overhead door may impact ',
'� the visibility of drivers entering and exiting the site. Because the new door is planned to be almost '��
' directly inside the entrance drive, adequate screening would be difficult if not impossible. Circulation of I,
other traffic while loading and unloading from the new door may also be an issue. �
Numerous industrial dock doors exist along the east side of this complex. This tenant does have a dock
door connected to the space to be leased.
HARDSHIP STATEMENT:
We are requesting variance, VAR #98-24, to allow a new tenant, Northstar Associates, to load and
unload millwork materials into vehicles which are substantially lower than the existing dock height
doors present at the building. Loading these materials from the existing doors may lead to employee
injuries and damaged materials...
PREVIOUSLY GRANTED VARIANCES:
The City has approved similar variances—one in the Onaway Addition for the industrial property
located at 7880 Beech Street and one for Lindstrom Metric located at 8101 Ashton Avenue
APPEALS RECOMMENDATION:
The Appeals Commission recommended approval of Variance request, VAR #98-25.
RECOMMENDATION TO CITY COUNCIL:
Staff recommends the City Council concur with the Appeals Commission's recommendation for
approvaL
19.01
Staff Report
VAR #98-25, 7925 Beech St.
Page 2
PROJECT DETAILS
Petition For: Margaret Schatz is requesting that a variance be granted to allow dock
doors to face a public right-of-way. First Industrial L.P.'s industrial facility
is at 7925 Beech Street.
Location
of Property:
Legal Description
of Property:
Lot Size:
Topography:
Existing
Vegetation:
Existing
Zoning/Platting:
Availability
of Municipal
Utilities:
Vehicular
Access:
Pedestrian
Access:
Engineering
Issues:
Comprehensive
Planning Issues:
7925 Beech Street
The West 328 feet of the South 805 feet of the East 1/2 of the Northeast 1/4
of the Southeast 1/ 4 of Section 3
264, 040 s.f., 6.06 Acres
Relatively flat
Typical suburban; sod, shrubs, trees
M-2, Heavy Industrial, Metes and Bounds
Connected
79� and Beech Street
NA
NA
The zoning and Comprehensive Plan are consistent in this location.
2
19.02
Staff Report
VAR #98-25, �925 Beech St.
Page 3
Public Hearing
Comments: To be taken
DEVELOPMENT SITE
REQUEST
Margaret Schatz is requesting that a variance be granted to allow dock doors to face a public
right-of-way. First Industrial L.P.'s industrial facility is at 7925 Beech Street.
SITE DESCRIPTION/HISTORY
The s�bject parcel is located in the Northeast corner of the intersection of 79� Avenue and Beech
Street. Located on the property is a 97,020 s.f., multi-tenant, industrial warehouse building. The
following activities have occurred on the property:
In 1972 a building pernut was issued to Bryant Franklin Corporation for the original construction
of the building. Since that time, numerous additional permits were issued for interior
modification of tenant spaces on this site. Those permits ranged from interior alterations, to
electrical and plumbing permits.
ADTACENT SITES
NORTH:
EAST:
SOUTH:
WEST:
ANALYSIS
Zoning: M-2, Heavy Industrial
Zoning: M-2, Heavy Industrial
Zoning: M-2, Heavy Industrial
Zoning: M-3, Heavy Industrial,
Outdoor Intensive
Land Use: Industrial
Land Use: Industrial
Land Use: Industrial
Land Use: Industrial
Code Section 205.18.06.G.(2), requires that all loading docks be located in the. side or rear yazd
and must be screened with a six foot minimum solid screening fence if visible from the public
3
19.03
Staff Report
VAR #98-25, 7925 Beech St.
Page 4
The impact on the integrity of the building's appearance will be greater than any impact to those
passing on the street. Interestingly, two other overhead doors currently exist facing Beech Street.
The history of those doors is unclear; however, on-site inspections reveal that these doors have
been in for some time and may have been part of the original design of the structure. No
variances were granted for these doors; however, staff believes that because this is the side yard,
they were allowed at that time. Over time, staff has debated the intent of this ordinance as it
applies to street level versus dock level doors on the finished street face of a building. Staff
believes that the unsightliness and impact of overhead doors is equal whether at street or dock
height.
Because this door has close proximity to a primary parking lot access drive, loading and
unloading of materials at this door may impede the flow of traffic into and out of the parking
area. If a variance is granted, caution on the part of the tenant must be taken to assure traffic can
safety maneuver without being impacted by activity at this door.
You may recall that Home Depot and the new multi-tenant industrial building at 100 Osborne
Road modified their overhead doors to be horizontal sliding glass doors to keep the integrity of
their buildings' appearance intact and to comply with City ordinances. Sliding glass doors could
be installed in this situation in lieu of an overhead door. This would allow a finished "front
door" look, while providing ample access to load and unload materials.
PREVIOUSLY GRANTED VARIANCES:
The City has approved similar variances—one in the Onaway Addition for the industrial property
located at 7880 Beech Street and one for Lindstrom Metric located at 8101 Ashton Avenue
APPEALS RECOMMENDATION:
The Appeals Commission recommended approval of Variance request, VAR #98-25.
RECOMMENDATION TO CITY COUNCIL:
Staff recommends the City Council concur with the Appeals Commission's recommendation for
approval.
19.04
APPEALS COMMISSION MEETING, AUGUST 26, 1998 PAGE 12
UPON A VOICE VOTE, ALL VOI�ING AYE, CHAIRPERSON KUECHLE DECLARED
THE MOTION CARRIED UNANIIV�OUSLY. '
4. PUBLIC HEARING' CONSIDERATION OF A VARIANCE REQUEST. VAR #9&
?S BY MARGARET SCHATZ (FIRST INDUSTRIAL L.P.):
Per Section 205.18.06.G.(2) of the Fridley Zoning Code, to allow the construction
of a new unscreened loading dock adjacent to the public right-of-way on the west
328 feet of the south 805 feet of the east one-half of the northeast 1/4 of the
southeast 1/4, section 03-30-24, Anoka County, Minnesota, subject to easements
4/23/74, generally located at 7925 Beech Street.
MOTI N by Mr. Jones, seconded by Ms. Mau, 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 8:28 P.M.
Mr. Hickok stated the request is to allow constnaction of an overhead door facing the
public right-of-way at 7925 Beech Street. The code requires that all loading docks be
located in the rear or side yard and must be screened with a six-foot minimum solid
screening fence so it is not visible from the public right-of-way. The First Industrial L.P.
property faces Beech Street.
Mr. Hickok stated the landscaping between the parking lot and the building is relatively
mature. To aid in the screening, typically the City would ask that, if an overhead door
faces the public right-of-way, that there be additional plantings to compensate for that. In
this case, the door is proposed right in front of the drive aisle access to the building.
Typically they would ask for additional screening so the view of the activity is minimal. _
Mr. Hickok stated the building has numerous dock doors along the east side of the
building. There have been a couple of overhead dock doors added over a period of time
that face Beech Street. Staff believes the interpretation was that, because it is a comer
lot and because of the lineal dimension, this is considered the side yard so these existing
doors were approved. Staff however has been working diligently to have overhead doors
on the back or sides of the building and have the office or street face to not include
overhead doors. Recently, the Home Depot had planned an ovefiead door facing the
public right-of-way where they were asked to put in sliding glass doors or some other type
of door to allow them to maneuver in and out without the overhead feature on the front of
the building. Also with the new multi-tenant building on Osbome that has a auto body
shop, they also installed glass doors that operate more like a store front door rather than
an overhead door. In this case, another concem is that this is a critical point of the
building. If the purpose is for loading and unloading building materials, this is a critical
point as entering or exiting the site. Activities at this point would cause some concem.
Mr. Hickok stated the City has approved similar variances in the past; therefore, staff has
no recommendation concerning this request.
Ms. Schatz stated they have a new tenant moving into the building, North Star
Associates, that handles millwork. They need a pomt of loading and unloading that is at
grade level. This is a tenant request.
19.05
APPEALS COMMISSION MEETING, AUGUST 26, 1998 PAGE 13
Mr. Shedlov stated they are a wholesale millwork company. The dock doors are set up
for loading and unloading at a four-foot height. This will be used for the salesmen to load
and unioad samples into their sales vehicles such as a Suburban. It is difficult to do this
at a four-foot loading dock. This door would not be regula�iy used nor wiil there be trucks
there all day long.
Mr. Kuechle asked what the possibility was to convert one of the dock doors in the rear of
the building to meet those needs.
Mr. Shedlov stated they would need to build a ramp. There is no way to lower the
products without a ramp. People would have to go down the stairs to access the door.
Another problem with ramps is that it is difficult to keep them clear of snow and ice so
they become a safety hazard.
Dr. Vos asked if the vehicles would drive in and drive out of that door.
Ms. Schatz stated they would not drive in. They would open the door, load their
samples,and leave. It will not be used for truck parking in a stall. It is strictly for sales
people.
Dr. Vos stated the staff pointed to that juncture and the entrance. He asked the petitioner
to respond to that.
Ms. Schatz stated the access is a point where the door is proposed. The mix of tenants
that are currently in the building are primarily warehouse. There is only about 5% office
build out in the entire building. Tenaco Packaging is the tenant to the no�th with 50,000
square feet. They use the entrance on the north side of the building. The other tenants
on the south side of the building may use that entrance but they all go to the right when
coming in the driveway. There are not a whole lot of cars that park there.
Ms. Mau asked if there is a possibility of putting in another type of door rather than an
overhead door.
Ms. Schatz stated they currently have two overhead doors on the building. She thought it
would look more attractive to keep it the same rather than change it. She provided a
photo to show an example of the doors that currently exist.
Mr. Shedlov stated that as far as affecting the flow of traffic, the area where the door is
proposed is currently a parking area. There will not be big trucks coming in. They will be
more like a Suburban. The proposed door is only 8 feet x 10 feet which is not set up for a
large vehicle.
Mr. Kuechle asked why it would be a problem to have a swing-out door versus the
ove�head door if there no vehicle pulling in there. Why would that not work?
Mr. Shedlov stated the tenant would like the option to pull into building if they would need
to, for example, when temperatures are extremely cold.
Dr. Vos asked if some of the products would be larger than regular doors.
19.06
APPEALS COMMISSION MEETING, AUGUST 26, 1998 PAGE 14
Ms. Schatz stated there may be some larger materiais if needed.
Mr. Shedlov stated they try to keep everything consistent with the way the front of the
building looks now. He did not know that a big glass door that is the only one would look
better. They have repainted both of the buildings, are replacing all of the overhead doors,
and are installing a sprinkler system to try to make the property look better. They are
concerned about the appearance also.
M TI N by Dr. Vos, seconded by Mr. Jones, 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.
Mr. Jones asked if this request would go to the City Council.
Mr. Hickok stated, yes. The City Council would consider this request on September 14.
Dr. Vos stated he would vote in favor of the request. There has been discussion about
glass versus steel versus plastic. Essentially, the variance is whether you want dock
doors to face the public right-of-way. In this building, he did not see a reason to deny the
variancet. Glass will still be a dock door facing the nght-of-way. In their experience, he
did not know if it will look better in 10 years. He is going to vote in favor of the variance
and not worry about what is looks like.
Mr. Jones agreed. His view is that what the actual door is may be an issue. It is a
variance to put a dock door in this location. He would vote in favor of the request.
Ms. Beaulieu stated the building already has two doors so there could be a stipulation to
make this conform with the other two existing doors. She thought it a good idea to keep
dock doors in the back. That looks better. She would vote in favor of this because there
are two existing doors on that side of the building already.
Mr. Kuechle stated he did not feel the petitioners have provided sufficient hardship or
demonstrated the need for an overhead door. He believed their needs could be
adequately met by a different type of door that would look no different than the entrance
doors they already have on the building. He thought it would make the building look
better. He thought they should try to achieve this.
Ms. Mau agreed. She thought the overhead doors that are existing are probably not what
looks best on that building now. She did not feel adding more overhead doors was the
answer.
M TI by Dr. Vos, seconded by Ms. Beaulieu, to recommend approval of Variance
Request, VAR #98-25, by Margaret Schatz (First Industrial L.P.), to allow the construction
of new unscreened loading docks adjacent to the public right-of-way ont he west 328 feet
of the south 805 feet of the east one-half of the northeast 1/4 of the southeast 1/4, section
03-30-24, Anoka County, Minnesota, subject to easements 4/23/74, generally located at
7925 Beech Street.
19.07
APPEALS COMMISSION MEETING, AUGUST 26, 1998 PAGE 15
UPON A VOICE VOTE, WITH DR. VOS, MS. BEAULIEU, AND MR. JONES VOTiNG
AYE, AND MR: KUECHLE AND MS. MAU VOTING NAY, CHAIRPERSON KUECHLE
DECLARED THE MOTION CARRIED BY A MAJORITY VOTE.
Mr. Hickok stated this request would be considered by the City Council on September 14.
5. UPDATE ON PLANNING COMMISSION AND CITY COUNCIL ACTIONS:
Mr. Hickok provided an update on Planning Commission and City Council actions.
ADJOURNMENT:
M TI N by Mr. Jones, seconded by Ms. Mau, to adjoum the meeting.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED
THE MOTION CARRIED AND THE AUGUST 26, 1998, APPEALS COMMISSION
MEETING ADJOURNED AT 8:48 P.M.
Respectfully submitted,
� �
Lavonn Cooper
Recording Secretary �
19.08 ,
� ��3
C1TY OF FRIOLEY
6431 UNIVERSITY AVENUE
FRIDLEY, MN 55432
(612) 571-3450
COMMUNITY DEVELOPMENT DEPARTMENT
VARIANCE APPLICATION FOR:
Residential X Commercial/lndustrial _ Signs
PROPERTY INFORMATION: - site plan required for submittal, see attached
Addfess: 7925 Beech S� � �' �� r'' �' �'�'^��
Property identification Number. Ro3 30 24 4i �nn� -
Legal Description: Lot Biock Tract/Addition The west 328 : i�eet of the
south 805 feet of the east one-half of the northeast 1/4 of the southeast 1 4
Section 3-30-24 Anoka Count Minnesota. Sub'ect to easement a reements 4 1�
Current Zoning: M-2 Square footage/acreage: _
Reason for Variance: Dr� ve i n door ra =�i raA f r noT.. .en nt to o; PratP
business.
Have you operated a business in a city which required a business license?
Yes No x tf Yes, wfiich city?
If Yes, what type of business?
Was that license ever denied or revoked? Yes No
___._____.._....,......._�........�._...____ ......_...�._.__._._.:�.,.__ �.�.�..._._.�;:�..,...�
F�E OWNER INFORMATION (as it appears on the property title)
(Contract purchasers: Fee owners must sign this form prior to processing)
NAME: First Industrial L.P./Margaret Schatz ,
ADDRESS: Suite N Eden Prai e 5
DAYTIME PHONE: 943-270o SIGNATURE/DATE:
PETITIONER INFORMATION
NFtiviE: First Industrial L.P��a�g3re� S�1'1a�z-= -_ -=--- ---
ADDRESS:7 den Tr' e Dr. Suite N• Eden Prai
DAYTIME PHONE: 943-270o SIGNATURE/DATE:
Section of City Code: `�
FEES �
Fee: $100.00 for commercial, industrial, or signs: �_ � P��
Fee: $60.00 for residential pro erties: Receipt #: 433 � Received By.
Application Number. +Jhl � � ��-Z`� �
Scheduled Appeals Commission Date: ��� � Z ���
Scheduled City Council Date: � K3-� Z � 9��
10 Day Application Complete Notification Date: =�i Z 7� � q��
60 Day Date: ���`^�� S �� 5�
19.09
..�
� FIRST
�INDUSTRIAL
FIRST INDCSTRIAL REAL7Y TRCST, INC.
7615 Golden Triangle Drive
Suite N
Minneapolis, MN 55344
612!943-2700
Fax:612/943-8778
July 20, 1998
Mr. Paul Tatting
�ity of Fi-idiey
6431 University Avenue Northeast
Fridley, MN 55432
RE: Proposed Variance
Ref: 7925 Beech Street
Dear Paul:
We are requesting variance #98-24 to allow a new tenant, Northstar Associates, to load and
unload millwork materials into vehicles which are substantially lower than the existing dock
height doors present at the building. Loading these materials from the existing doors may
lead to employee injuries and damaged materials. There aze currently two existing drive-in-
doors on the front of this building. Many adjacent buildings also have front drive-in doors.
We share your concern for the visual appeal of commercial properties and have recently
painted both buildings on this property and are in the process of having all existing overhead
doors replaced.
Sincerely,
Asset
MES/jf
INDUSTRIAL REALTY TRUST, INC.
�y�.; Q�� '\�.;
;t'E.1 Schatz
19.10
81 AVE NE
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Unscreened Loading Dock
Petitioners: N�rgaret Schatz.
& lst Ina�ustrial L.P.
v��e, v� #9s Zs
Zoning.• 11�2, Heavy Ina�ustrial
7925 Beech St�eet NE
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� FRIDLEY CITY COUNCIL MEETING OF
�oF SEPTEMBER 14, 1998
FRIDLEY
INFORMAL STATUS REPORTS
20.01