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05/24/1999 - 4652OFFICIAL CI'1'Y CI� COUNCIL AGENDA CITy CpUNCIL MEETING �y 24, 1999 FRIDLEY CITY COUNCIL MEETING �� ATTENDENCE SHEET � hfaYiday, May 24, 1999 - 7:30 P.M. 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"l �t � ��. � ,� �. �- � �l ' . _ , , , , �` , �c�. �. �- �'- <<� � � � .� , - ` , � L -/ `: c tn /` �Y� (�` � / 1 r , � � I � �4/ � '� .�S�C�" G� ` L' ��.�/ �, � � � J , � ( � 6 r � � �{� �$ � J �� 1/l�.l C! �� ; ! � , �'r � � � �-' � ,`�` , � � : � . .J.� � � � � � � C=� C Q ��,E � � . � � � f'7 � /i , i� �� ,. �;%�,�. ��j � ,� � � J �%) "' ' -J ; � .� � �� /� � r� � � �r. -�"''' v;� , �,� L �� i ' � iii� � � � � � -�`! - � ' �1i<G� �l_�.�- � } � ��, � L 1, i ;.,� �l� �- \__ � ts�, ii�C� -�; � \ � C.i _ c:_- '� � ; .' - 1 p n!� (1 %� �- � _ , � ,,, � � c) �� _%.��(, �rn �l, l'�b � ,� l,� �% � ��'l r � � L'� '� �E', -�� ±�� -� -� , � r" j �� I � ��..�"'� � !� `` ��'�`�1C �, _�!� n �i,, G �� ,.'`t�' �� `� x��'rl�.,�� f � � . �� ' C�,i C�� .�-` .' I�!'� � �t i! ��'. `k�� `ti1i �'� �_ I � , �' l% f �{ 1 k/�" �ti�-' ,�t. , f✓i�v�. '= �� i "� r y� �, r�:�c� �� 1' �:%,� r;� �.'-�'I' /�� ,'�l'V � ,� % '� �-�-l�y? �-�'�,�L�-- ��-- ,' /Z�I 't-f Gl �'J I f ;� % �'��" _ �''. _ ,� ;� �.' �_ �=% / ,� �\ '� � �� __ - /,, j i , (��.Y r,. �--, � �? �.. � � ��` �.k e ., �`�1 � I �� I � �.. --,�—,,_, --s ; ",-; �c� : 7^ < . . � �' ,�<`, �%;y �� - e%,��.�, �. .� ; c-o� J � j _e d`1 �'1 l >� v� � r' �� ,� � � FRIDLEY CITY COUNCIL MEETING OF L MAY 24, 1999 CxTY 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. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD�572-3534) PLEDGE OF ALLEGIANCE. APPROVAL OF MINUTES: City Council Meefing of May 10, 1999 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: Receive the Minutes of the Planning Commission °� .01 —1.11 Meeting of May 5, 1999 .................................... Resolution Authorizing Changes in Appropriations ` For the General Fund and the Capital Improvement .eO......... 2.01 —��2 Fund through March 31, 1999 ...................... � ; , � FRIDLEY CITY COUNCIL MEETINr: nG �u�v �. .�.,,. _ _ _ .�.. . • �-r� ■ Y�/�7 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: PAGE 2 Resolution Authorizing an Agreement with the State of Minnesota for Furnishing Chemical Assessment Team Services for State FY 2000 .............................. 3.01 — 3.02 Appointment: City Employee ........................................................... 4.01 Claims .....................: ................................................................. 5.01 Licenses ....................................................................................... 6.01 — 6.08 Estimates.................................................... ................................... 7.01 ADOPTION OF AGENDA. OPEN FORUM, VISITORS: (Consideration of Items not on Agenda - 15 Minutes) FRIDLEY CITY COUNCIL MEETING OF MAY 24, 1999 OLD BUSINESS: Resolution of the City Council of the City of Fridley, Minnesota, Authorizing the Acquisition of an Eminent Domain Proceeding to Acquire Fee Simple (5675 Quincy Street) (Ward 1) (Tabled May 10, 1999) ................................... ..................................... 8.01 A roving a Vacation, SAV #99-01, PAGE 3 Resolution pp Vacating a Portion of Carrie Lane, Quincy Street and Jackson Street (by Medtronic, Inc.) 9 �� _ 9 06 (Ward 1) (Tabled May 10, 1999) .....•••••�•••••••• Preliminary Ptat Request, P.S. #99-01, by Medtronic, Inc., to Create Fridley Executive Center 2"d Addition, Generally Located at Lake Pointe Drive and Bridgewater Drive (Ward 1) (Tabled May 10, 1999) .......................................................... NEW BUSINESS: 10.01 — 10.08 Approve Redevelopment Agreement befinreen the City of Fridley and Medtronic, Inc., for Construction 11.01 —11.33 of its Corporate Headquarters (Ward 1) ......•••••• FRIDLEY CITY COUNCIL MEETING OF MAY 24, 1999 NEW BUSINESS (CONTINUED) Establish a Public Hearing for June 14, 1999, for Review of Special Use Permit, SP #99-p1, by Holiday Companies, for the Construction of a Holiday Stationstore, Generally Located at 5695 Hackmann Avenue N.E. (Ward 2) ................................................................... .................. Variance Request, VAR #99-05, by Timothy Jawor, to Reduce the Required Rear Yard Setback from 40 Feet to 19.2 Feet to Allow the Construction of a Seven-Unit Townhome Structure Generally Located at 7411 University Avenue N.E. (Ward 1) .................................... ...................................... Plat Request, P.S. #99-02, by Timothy Jawor, To Create Eight Separate Lots in Order to Construct a Seven-Unit Townhome Structure, Generally Located at 7411 University Avenue N.E. (Ward 1) PAGE 4 12.01 -12.03 13.01 — 13.19 ...................................................................................... 1 4.01 — 14.23 First Reading of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Adding Section 2 to Chapter 506.04, Unattended Vehicles ............................. 15.01 — 15.03 FRIDLEY CITY COUNCIL MEETING OF MAY 24, 1999 NEW BUSINESS (CONTINUED): PAGE 5 First Reading of an Ordinance Establishing Chapter 514 of the Fridley City Code Entitled 16.01 —16.04 "Private Property Snow and Ice Removal" ................ Informal Status Reports •••••••••••� ...................................... 17.01 ..................... ADJOURN. �. FRIDLEY CITY COUNCIL MEETING OF MAY 24, 1999 �� :, i- �� The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TT'D/572-3534) PLEDGE OF ALLEGIANCE. APPROVAL OF MINUTES: City Council Meeting of May 10, 1999 _ �� APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: Receive the Minutes of the Planning Commission Meeting of May 5, 1999 ..... ........... 1.01 —1.11 �"t-�`—� . ��' �� Resolution Authorizing Changes in Appropriations For the General Fund and the Capital Improvement Fund through March 31, 1999 ......... 2.01 —2.02 �--�� 2-�- . � �c�( �� I Resolution Authonzmg an Agreement with the State of Minnesota for Furnishing Chemical Assessment Team Services for State FY 2000 ................................... 3.01 — 3.02 �,�--Z� �'� �/'2Cv Appointment: City Employee .......... 4.01 c'z-�. Claims �� ............................ 5.01 APPROVAL OF PROPOSED COiVSENT AGE(VDA: NEW BUSINESS (CONTINUED): Licenses Estimates `i�!�u�-�.'.`�... G��. ADOPTION OF AGENDA. j ,� �._,,� � OPEN FORUM, VISITf�RS: 6.01 — 6.08 7.01 (Consideration of Items not on Agenda - 15 Minutes) � `_,��--..� �, S�'i-� 9S- � � OLD BUSINESS: �� Resolution of the City Council of the City of . Fridley, Minnesota, Authorizing the Acquisition of an Eminent Domain Proceeding to Acquire Fee Simple (5675 Quincy Street) (Ward 1) (Tabled May 10, 1999) .......................... 8.09 `�� , �,�� Resolution Approving a Vacation, SAV #99��, � Vacating a Portion of Carrie Lane, Quincy Street and Jackson Street (by Medtronic, 6r��.) (Ward 1) (Tabled May 10, 1999) ........... 9.01 m�.�5 � � �� .,� � - FRIDLEY CITY COUNCIL MEETING OF MAY 24, 1999 OLD BUSINESS (CONTINUED): Preliminary Plat Request, P.S. #99-01, by Medtronic, Inc., to Create Fridley Executive Center 2nd Addition, Generally Located at Lake Pointe Drive and Bridgewater Drive (Ward 1) (Tabled May 10, 1999) ........... 10.01 —10.08 L`, �- 2�,r� ��"� � �� NEW BUSINESS: �- �-�-Y-�-�-----��-�- 5��'� s Approve Redevelopment Agreement between the City of Fridley and Medtronic, Inc., for Construction of its Corporate Headquarters (Ward 1) 11.01 —11.33 �� . .� NEW BUSINESS (CONTINUED): PAGE 2 First Reading of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Adding Section 2 to Chapter 506.04, Unattended Vehicles ................................... 15.01 —15.03 �� First Reading of an Ordinance Establishing Chapter 514 of the Fridley City Code Entitled "Private Property Snow and Ice Removal" .................................. 16.01 —16.04 /.� !�_�� 0 5��6% �2 Informal Status Reports Establish a Public Hearing for June 14, 1999, for Review of Special Use Permit, , ' ies;-#er- , t ' �07�� "Fio"liciay"S�it�e, � � �`�- ��f' '`"'"`'' Generally Located at 5695 Hackmann Avenue N.E. (Ward 2) ................................... 12.01 — 12.03 � �- �� _ �//�/� ADJOURN. � � C� �' Variance Request, VAR #99-05, by Timothy Jawor, to Reduce the Required Rear Yard Setback from 40 Feet to 19.2 Feet to Allow the Construction of a Seven-Unit Townhome Structure Generally Located at 7411 Unive�sity Avenue N.E. (Ward 1) ........................... 13.01 —13.19 ��r-'�-e--�'C�- Plat Request, P.S. #99-02, by Timothy Jawor, To Create Eight Separate Lots in Order to Construct a Seven-Unit Townhome Structure, Generally Located at 7411 University Avenue N.E. (Ward 1) .��J�..... 14.01 —14.23 � �� ............... 17.01 /4'.�� THE MINUTES OF THE FRIDLEY CITY COUNCIL MEETING OF MAY 10, 1999 F THE FRIDLEY CITY CO�CIL S OF T� gEGULAR MEETING O THE MINUTE Mayor Jorgenson at OF MAY 10,1999 ' dle City Coun�l� "'�aS �alled to order Y ular Meeting of the Fn Y The Reg 7:30 p.m. AI,LEGIANCE' i�ce to the Flag• pLEDGE �F e of A11eg M,ayor JorSenson 1 ed the Council and audience in the Pledg ette, Councilmember gOLL CALL: Co�cilmember B� Wolfe . Jorgenson, Coun�ilmember PRESENT � Mayor cilmember Bolkcom and ME1VIBERS Billings, Coun MEIVIBERS ABSENT � NOne pgOCLAMATI�N: 10 —16� 1999 Police Week : Ma _ 6 1999 as Police Week in the Ctty of a 10 1' were present to receive ation declarinS M y eant Don Abbott „ Seri,ice on enson read a proclam d Serg «Color Gu�d �oka Mayor lorg public SafetY Dlrector an �il to attend a 4 being from Fridley. Dave Sallman, bbott in��ted the Co� Mi�esota; a Sergeant A died in d a i 5k race and ending ��' the proclamation. e 207 officers that had May 15, 1999 in honor of � at 8:p0 a.m• with Memonal Guar , County• The event would start candlelight service at 7:30 P•m' 17 _23� 1999 eek: Ma ublic Works Week in �e Public Works w � 1999 as P of �e public May 17 — 23 Brindley roclamation declarinS Jim 5aeflce and J�m Mayor Jorgenson read a P ence, Ken Holmstrom, ation. Paul Lawr roclam City of Fridl�ent were present to receive the P Works Dep OF MINUTES: of A ri126,1999 AppgpVAL Council Meetin d reg�� City COUncil Board of Review and C� he Bo�d of Review an rove t Councilmember W°lfe. cilmember Barnette tO app Seconded by b Coun resented in writing• G A�' MAYOR JORGENS�1� 1viOTION y ri126,1999 as P minutes of Ap L MEM B ERS VOTIN VOTE, AL' ED �ANIMOUSLY• UPON �D T� �,LOTION CAR� DECL 3. 2 F�DLEY CITY CO �CjL MEETING pF �I' 10,1999 APPROVAL OF pRpp�SED CONSEN �LD BUSINESS: T AGENDA; PAGE 2 1. ORDINANCE NO. F�DLEY 1124 AMENDING � MINNESOTA TO �PE THE CITY CODE OF T FRANCHISE" HE CITY OF FRANCHISE" AND ADpPT A NE W CHAPTER 404, ENTITLED �� C'HAPTER 404, ENTITLED ��GAS Mr. Burns, City Mana er that is scheduled to g' explained that this ordin franchise is a eXPire in 2003 ar�d re �Ce rePeals the existin non-exclusive frar��Se �at pjaCeS it with a g gas fra.n�l�se for their gas 11nes ne�' 20'Year fr use o f and other facilities. gjves 1�1inr�eg�co the rl ��hise. �S our streets It also establishes bht to use o should �d establishes the fi. �he terms and conditions ortreets We choose to im 1e �e�'ork for establis �eir second arici final readin p ment them. S� reco �ent of franc g�d �e official title �d S�ends Co��il's �Se fees, �'�'AIVED �ary ordinance. approval of the THE SECOND AND p�ERED PUBLICATIpNIOF AND �R.DINANCE. TI�E p F�C,j� T��INANCE TLE AND S MM�y �RDINANCE NO. F�DLEY 1125 AME � MINNESOTA, TO IN � DEHE C'ITY CODE pF T "ELECTRIC FRANCHISE.'� A NEW C HE CITy pF HAPTER q Mr. BU 08� ENTITLED rns, City M�ager, explained this is a case with the 1�Iinr�e nonexclusive Power lines gasco frarichise, it gives Nsp 20'Year fr �d other electric facilities the ri ��hise, qs in �e also establishes the te �d sets ght to use our Cit reco �s for frar��se �e terms and conditions for th s use� jt mmends Couricil's approval of t h e s e c o n d � d We �hoose t o i S�ary ordin mplerrient ance, final readin �em• Staff g and the o� c i a l tit le and �'�'AIVED THE SECOND AND 012DERED PUBLICA�p j�F AND ADpPTED ORDI ORDINANCE. TI3E pFFIC,jAL NANCE TITLE A�D S M�RY �RDINANCE NO. 205, ENTITLED « 1126 R�CODIFyING THE F SECTION ZONING '� �DLEY CITY CODE, 205.04.10 ZONjNG �ENDING SECTIpNS 205,p3 C�TER MEDTRONjC, INC. TEXT PpINTE D1u� ' FOR PROPERTY AMENDII�IENT, AND ADDING GENERAI,LY ZTA #99-01, BY �D B�DGEWATER D�� A� LOCATED AT L Mr. Burns, City 1�Ianager ex 1� AKE minirnurn drive aisle �1ained this ordin width of 24' for �Ce creates and g. s� x 18 multistory p�king s�ct�.eS. � Parking sta11 �d Currently, these staljs FRIDLEY CITY COUNCIL MEETING OF MAY 10,1999 PAGE 3 must be 9' x 20'. Staff recommends Council's approval of the second and final reading and ordering its publication. WAIVED THE SECOND READING AND ADOPTED ORDINANCE NO. 1126 AND ORDERED PUBLICATION. NEW BUSINESS 4. APPROVE GRANT AGREEMENT BETWEEN THE STATE OF MINNESOTA, DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT AND THE CITY OF FRIDLEY FOR HARKER'S DISTRIBUTION, INC. (WARD 3) Mr. Burns, City Manager explained that under the terms of this agreement, the City would be the recipient of a loan/grant of $45,000 for Harker's Distribution, Inc. This money would be given to Harker's for the purchase of equipment for its new facility at 7501 Commerce Lane under the terms of a loan agreement with the City. The loan is to be given if Harker's creates the 20 jobs it has promised to create by April 20, 2001. The City's main responsibility will be to process the loan agreement and to abide by the Department of Trade and Economic Development's reporting requirements. Staff recommends Council's approval. APPROVED GRANT AGREEMENT BETWEEN THE STATE OF MINNESOTA, DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT AND THE CITY OF FRIDLEY FOR HARKER'S DISTRIBUTION, INC. 5. APPROVE LOAN AGREEMENT BETWEEN THE CITY OF FRIDLEY AND HARKER'S DISTRIBUTION, INC. (WARD 3). Mr. Burns, City Manager explained that this agreement provides for the transfer of $45,000 previously mentioned to Harker's Distribution, Inc. The loan will be made for a term of 2 years at an interest rate of 5%. It will be forgiven if Harker's meets the job creation requirements within the allotted time. Staff recommends Council's approval. APPROVED LOAN AGREEMENT BETWEEN THE CITY OF FRIDLEY AND HARKER'S DISTRIBUTION, INC. 6. APPROVE AN EXTENSION TO VARIANCE REQUEST, VA�R #98-09, BY KIM MILLER OF MILLER FUNERAL HOME, TO ALLOW THE REDUCTION OF THE SIDE YARD SETBACK FROM 80 FEET .TO 37 FEET FOR A BUILDING ADDITION AND CANOPY, GENERALLY LOCATED AT 6210 HIGHWAY 65. WARD 2 Mr. Burns, City Manager explained that this variance expired on April 6 of this year. It reduces a side yard setback requirement from 80 feet to 37 feet. Miller Funeral Home has FRIDLEY CITY COUNCIL MEETING OF MAY 10,1999 PAGE 4 completed most of the design for their improvement, but needs additional time to complete the work. Staff recommends Council's approval. 7. 8. GRANTED AN EXTENSION TO VARIANCE REQUEST, VAR #98-09, TO ALLOW THE REDUCTION OF THE SIDE YARD SETBACK FROM 80 FEET TO 37 FEET FOR A BUILDING ADDITION AND CANOPY, GENERALLY LOCATED AT 6210 HIGHWAY 65. RECEIVE BIDS AND AWARD CONTRACT FOR FIRE APPARATUS BAY EXHAUST/MAKE-UP AIR PROJECT NO. 334. Mr. Burns, City Manager, noted that the City had received bids from three different vendors for this work. The low bid was received from Alta Mechanical Company in the amount of $27,035. This work would consist of the installation of an air handling system, ductwork and the installation of a huge exhaust fan similar to that which was installed last year at the City garage. In view of the favorable reference check on Alta Mechanical Company, staff recommends that Council receive the bids and award the contract to Alta Mechanical Company in the amount of $27,035. RECEIVED THE FOLLOWING BIDS FOR FIRE APPARATUS BAY EXHAUST/MAKE-UP AIR PROJECT NO. 334: Bidder Alta Mechanical Company Yale, Inc. New Mech Total Bid $27,035.00 $27,800.00 $31,100.00 AWARDED THE CONTRACT FOR FIRE APARATUS BAY EXHAUST/MAKE- UP AIR PROJECT NO. 334 TO THE LOW BIDDER, ALTA MECHANICAL COMPANY IN THE AMOUNT OF $27,035.00. RESOLUTION AUTHORIZING THE SIGNING OF AN EMPLOYMENT AGREEMENT BETWEEN FIREFIGHTERS AND THE CITY OF FRIDLEY. Mr. Burns, City Manager, stated that this a 3-year contract that covers the years, 1999, 2000, and 2001. It provides for a 3% wage increase in each of the years of the contract. It provides for an increase of the uniform allowance from $375 to $400 per year. It also allows for pay at the rate of time and one-half for four holidays, and provides the revised annual leave sell back policy that has been given to other employees (sell back of 40 hours after 5 yeaxs of employment with the City). Staff recommends the Council's approval. ADOPTED RESOLUTION NO. 37-1999. FRIDLEY CITY COUNCIL MEETING OF MAY 10,1999 9• APPOINTMENT OF A CITY EMPLOYEE. PAGE 5 Mr. Burns, City Manager, stated that staff was recommending the appointment of Christopher John Knight to replace Theresa Edel. He noted that Mr. Knight was born in Minneapolis and was raised in Brooklyn Park. He attended the University of Wisconsin at Eau Claire and received an Associates Degree from North Hennepin Community College in 1996. Since Mr. Knight's graduation, he has worked as a part-time police officer with the City of Osseo, a Community Service Officer with Brooklyn Park and a part-time security officer at Circus Pizza. Staff recommends that Council appoint Mr. Knight effective June 1, 1999. APPOINTED CHRISTOPHER J. KNIGHT AS POLICE OFFICER. 10. CLAIMS: APPROVED PAYMENT OF CLAIM NOS. 86826 THROUGH 87076. 11. LICENSES: APPROVED LICENSES AS SUBMITTED. 12. ESTIMATES: APPROVED ESTIMATES AS FOLLOWS: 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 February, 1999 Frederic W. Knaak, Esq. Holstad and Knaak, P.L.C. 3535 Vadnais Center Drive St. Paul, MN 5510 Services Rendered as City Attorney For the Month of April, 1999 No persons in the audience spoke regarding the proposed consent agenda. $16,559.00 $ 5,000.00 FRIDLEY CITY COUNCIL MEETING OF MAY 10,1999 PAGE 6 MOTION by Councilmember Barnette to approve the consent agenda items. Seconded by Councilmember Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. ADOPTION OF AGENDA: Councilmember Billings asked that Item 16 be renumbered as 14 and the others items be renumbered accordingly. MOTION by Councilmember Barnette to approve renumbering Item 16 to Item 14 and renumbering Items 14 and 15. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION made by Councilmember Bolkcom to approve the adoption of the amended agenda. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM, VISITORS: Mayor Jorgenson explained that this was the time set aside for residents to speak about issues not on the agenda. Tom Gerrety and Susan, residents of 5842 Hackmann Avenue wished to address the Council on a letter they received from the Code Enforcement Officer, Missy Daniels. The letter stated they were in violation of City code by having a small trailer parked on the side of their home. They stated they were in the process of doing some cleanup around their home and were using the trailer to carry stuff off. They further stated they were very upset that they had received this letter and took the letter as harassment. They stated that they felt there were several other homes in their area that have worse violations than the trailer parked on the side of their home. The Council responded by stating they were sorry that they took the letter as harassment, but stated that the City's Code Enforcement Officer, Missy Daniels, was only doing her job and they felt she did a good job. Councilmember Bolkcom asked Mr. Hickok if the City gives extensions on these letters. Mr. Hickok responded by answering yes. Councilmember Billings stated that maybe the language in the letter could be changed so as not to read so harsh. Mayor Jorgenson stated she was sorry this letter had upset them. Fritz Knaak, City Attorney stated this letter is only to inform the residents that they were in violation of the ordinance and was not a citation. FRIDLEY CITY COUNCIL MEETING OF MAy 10,1999 PAGE 7 Mr. Gerrety asked if the addresses Ms. Daniels had written letters to was public information. Mr. Hickok stated that they would make it available to the public. Mr. Steve Shorma, who resides at 5916 Oakwood Manor, indicated that he too had received a letter from the Code Enforcement Officer, Missy Daniels, about a pop-up tent trailer he had parked in his driveway. He stated he also took the letter as harassment and after waiting a few days, he called to discuss the letter with Councilmember Wolfe. He stated he realized he was in violation of the code and had moved the tent trailer to the inside of his garage. He asked the Council to take a second look at this ordinance and possibly change it. Council stated that in talking with citizens of Fridley and in past citizen surveys, they understood a strong code enforcement policy was what the people wanted. Council stated they felt the code enforcement office and Missy Daniels, was doing a good job with enforcing the codes in the City. The Council also explained that they realized there was some language in the ordinance that did need to be addressed and that this would be something that would be looked at in the future. Mayor Jorgenson explained that this is one of the issues that is repeatedly asked on the citizen's survey and that a survey is to be done this year. Mayor Jorgenson explained further that when they talk to people about code enforcement and what they expect to see in the community, the vast majority say they would rather see a more aggressive code enforcernent policy put into place than the one we currently have. Mayor Jorgenson stated the largest investment that most residents of the City of Fridley have is their home and their perception of their home as their castle. Councilmember Bolkcom stated that she understood there were some items in the ordinance that did need to be addressed such as the issue with a Winnebago and pull trailers. She stated she believed this would be looked at later on. Councilmember Bolkcom stated this was not a dead issue and was something that they did need to look at. Mr. Storma also stated he would like to be added to the list of citizens to be notified of a public hearing concerning any additional changes to this ordinance. Ms. Judy Jones, who resides at 6735 Channel Road, addressed the Council with an issue of heavy traffic flow on her street. Ms. Jones stated she felt a lot of people use this route to by-pass the traffic light at Highway 65 and Mississippi St. and by doing so creates a lot of traffic in a residential area. She stated she had been in contact with the Minnesota Department of Transportation and presented each Councilmember with a copy of a letter she had received from Mr. Lars Impola, P.E. with the numbers of a traffic count his department had done. Ms. Jones suggested that maybe the city could post a sign stating something to the effect of 'no left turn during rush hours'. She stated that her understanding from talking to Mr. Impola was that she would need to approach the City Council to consider this. FRIDLEY CITY COUNCIL MEETING OF MAY 10,1999 PAGE 8 Mayor Jorgenson stated that a sign is something the City would have to request from the Sta.te. A discussion was made on the traffic in this area. It was suggested that maybe Ms. Jones could work with a Community Service Officer on this issue. MOTION made by Councilmember Barnette to receive the letter from Mr. Impola to Ms. Jones. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL MEMB NANIMOUSLyAYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED U After no other questions or comments from the public, MOTION made by Councilmember Barnette to close the open forum. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL MEMBERSV �OU L A�� MAYOR JORGENSON DECLARED THE MOTION CARRIED UNA OLD BUSINESS: 13. SPECIAL USE PERMIT, SP #99-01, BY HOLIDAY COMPANIES, FOR THE rnrrcTi]iTf TT(1N nF A HOLIDAY STATIONSTORE AND CAR WASH` ..,�,�...�__�_---- r��v�RAT.T.V T.nCATED AT 5695 HACKMANN A va�a. (TABLED APRIL 26,1999): MOTION made by Councilmember Barnette to remove Item 13 from the table. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL MEMBE ANIMOUSLyAYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UN Mr. Hickok, Planning Coordinator, addressed the Council with a map showing the general area of the property. After giving some history of this location, Mr.. Hickok stated that this property has been used as a gas station since the 1950s. In 1975, the property was rezoned from C-ls to C-2, but the zoning maps were not updated at that time. There was a special use permit issued to Union 76 that proceeded Citgo on this property. The special use permit is for a motor fuel operations. In addition, they are asking for a car wash facility location. City maps identify the property as being C-1, but that is inaccurate. Based on the history of this site, it is truly zoned C- 2, and there are two parcels of land. Mr. Hickok, stated that to the north of this location is Highway 65. There is a wooded site to the south and then there is a developed Citgo site to the north. East of this location there are residential homes. This property is next to a R-1 single family residential district on the east boundary, and to the south is an apartment complex. Mr. Hickok stated that one of the things essential for this development is that drainage has to be managed not only on this site but, there FRIDLEY CITY COUNCIL MEETING OF MAY 10,1999 PAGE 9 is also some drainage that comes to this site from the apartment buildings and residential lots. In their drainage plans Holiday Companies did make accommodations for that water. This site will have an improved access to Highway 65 and Old Central once the intersection is reconstructed. Mr. Hickok indicated that this project will not place unreasonable demands on existing public utilities. Staff noticed that there was a possible wetland issue. Two wetland consultants have reviewed the site to determine if any are protected wetlands. They concluded that the site most likely was not a wetland. Additional soil testing will be completed by June 15, 1999. Mr. Hickok stated that City staff received three letters of concern from neighborhood residents and the Planning Commission has reviewed them. These concerns addressed excessive noise, 24-hour operation, drainage, car wash, underground storage tanks, environmental disputes, and property values. Staff has developed stipulations, which he outlined. Staff also addressed concerns in their analysis of those stipulations. Mr. Hickok, stated that there has been additional information provided by the petitioner regarding traffic comments they had received about this facility. Mr. Hickok stated the tra�c consultant asked to have further information on the impact on this newly created intersection that will come from Hackmann and take motorists to Central. He stated they received the inforn�ation from the traffic consultants and this would not create a stacking conditions 9� percent of the time the motorists where trying to exit. Staff recommends approval with 20 stipulations. Dave Hoeschen, of the Holiday Companies was present to answer questions. Also present was Mr. Howard Preston, traffic consultant for Holiday Companies. Discussion was made on the flow of traffic and the impact the traffic would have on this area. Mayor Jorgenson stated she could see on the traffic study, Central Avenue and Highway 65, West Moore Lake and Highway 65, but there was nothing on the survey about Hackmann Avenue. Mr. Preston stated that due to the construction out there, they did not count new traffic, instead did an estimate of traffic. Ms. Ann Williams addressed the Council and stated she lived in the area of the proposed Holiday gas station and was concerned about the impact the station would have. Ms. Williams stated she now has a lot of cars using her driveway as a turn around. Councilmember Barnette asked Ms. Williams if she feels this would significantly change the neighborhood. Ms. Williams stated she was concerned about the safety of the children coming from the beach area during the summer. Mayor Jorgenson asked about stop signs at Hackmann and Old Central. John Flora, Public Works Director, stated there would be stop signs posted at the corner of the Hathaway Lane and Hillwind Road intersection. Ms. Rebecca Salmonson, 5850 Hackmann, stated she was concerned that this intersection would cause a lot of accidents. Mr. Dennis Schneider, addressed the Council with his concerns about the impact this station would have on the neighborhood. FRIDLEY CITY COUNCIL MEETING OF MAY 10,1999 PAGE 10 Ms. Salmonson addressed the Council again with the concerns she had about the lighting, stating that she lives behind the proposed station and that the light would be shining in the back of her home. Mr. Hickok stated it would be required in the stipulations that Holiday Companies install downcast lights. This would cut down on the lighting penetrating outward. MOTION made by Councilmember Wolfe to deny the Special Permit. Councilmember Billings stated that he could not support the motion to deny the Special Permit. He stated that as he understood the ordinance as it relates to special use permits, the burden of responsibility is on the City of Fridley to in fact determine that there were extraordinary conditions here, such as traffic conditions, that would create a non-compatible use for the surrounding neighborhood and for the City. Councilmember Billings stated he felt the petitioner had demonstrated that there would not be any of these conditions. MOTION to deny Special Use Permit, SP #99-01, by Holiday Companies, for the construction of a Holiday Stationstore, generally located at 5695 Hackmann Avenue N.E. Mayor Jorgenson called for a voice vote. UPON A VOICE VOTE, COUNCIL RE BO KCOM EVOTED O NAYLMMAYOR BILLINGS AND COUNCILMEMBE JORGENSON AND COUNCILMEMBER WOLFE VOTED AYE. MAYOR JORGENSON DECLARED THE MOTION FAILED. MOTION made by Councilmember Billings to change the stipulations on the car wash hours, from 6AM — 11PM to read 7AM — 9P o 9 PMthSeconded by Councilme ber Bo kcomeration between 7 AM and 9 AM and from 7 PM t UPON A VOICE VOTE, FOUR MEMBED THE MOTION CARRIED FOUR TO ONE. G NEY, MAYOR JORGENSON DECLARE MOTION made by Councilmember Billings to approve Special Use Permit #99-01 with the following stipulations: 1. The soils on the property will be tested (weather permitting) by June 15, to make a final determination on the presence or absence of non-exempt wetlands. Testing will be completed by the City's environmental consultant at the petitioner's expense. If it is determined that non-exempt wetlands exist on the property, this special use permit shall become null and void. No site alterations shall occur until a final determination is made on wetland status. 2. The petitioner shall be responsible for litter control on the premises, and litter control is to occur on a daily basis. Trash receptacles must be provided on site at convenient locations to facilitate litter control. FRIDLEY CITY COUNCIL MEETING OF MAY 10,1999 PAGE 11 3- Parking lot must be lined with concrete curb. 4. Adequate parking to meet code requirements, including one handicap space, be provided on-site. 5. No off-site employee parking allowed along Hackmann Avenue or the service road. 6. Final drainage, landscaping, and irrigation plans shall be submitted with building permit application. 7. Petitioner shall execute a storm pond maintenance agreement, requiring petitioner to maintain the storm pond. 8. Canopy over gas pumps to have recessed, shielded, downcast lighting so as to be less intrusive on neighboring properties and canopy faces shall not be internally lit. 9. Car wash hours of operation shall be limited to 7 A.M. — 9 P.M. and the doors should be closed during operation between 7 AM and 9 AM and from 7 PM to 9 PM. 10. Tanks and ventilation shall be located so as to limit gasoline fumes off premises. Tank and vent location to be approved by staff prior to issuance of a building permit. 11. Petitioner shall install adequate informational signage on-site to assure proper flow of traffic around the building and to assure that cars waiting to be washed do not block access from roadways. 12. Intercom volume shall be set so intercom messages do not carry beyond stationstore property. 13. Informational signage shall be placed on-site reminding Holiday customers that they are in a residential azea and requesting they keep radios turned down so impact does not carry onto neighboring properties. 14. Petitioner shall install all waste trap and filtration devices as required by the Building Code for car wash facilities. 15. The petitioner shall comply with all outdoor sales and storage provisions of Chapter 205 of the City Code. 16. The petitioner shall comply with all outdoor storage requirements. 17. The petitioner shall install underground irrigation for the landscape azeas surrounding the station store. FRIDLEY CITY COUNCIL MEETING OF MAY 10,1999 PAGE 12 18. All signs shall be reviewed by staff to assure compliance with Chapter 214 of the City Code. 19. All building elevations shall be reviewed by staff to ensure that the design and materials used shall architecturally integrate with the surrounding neighborhood. 20. The existing fence along the east property line shall be replaced with a residential type fence, to be approved by staff prior to issuance of a building permit. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, FOUR MEMBERS VOTING AYE, ONE MEMBER VOTING NEY, MAYOR JORGENSON DECLARED THE MOTION CARRIED. Councilmember Billings asked for a 5-minute break starting at 11:10 p.m. NEW BUSINESS: 14. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRIDLEY, MINNESOTA, A�JTHORIZING THE ACQUISITION OF AN EMINENT DOMAIN PROCEEDING TO ACQUIRE FEE SIMPLY (5675 QUINCY STR�ET) ARD1. Ms. Dacy, Director of Community Development, stated it is necessary to reconstruct Carrie Lane between Quincy and Jackson Streets to maintain the existing traffic pattern in the neighborhood. The existing pavement width of Quincy and Jackson Streets is 40 feet. The existing centerline curve radii of the existing Carrie Lane at Quincy Street is 75 feet and at Jackson Street is 50 feet. With the realignment of Bridgewater Drive/Lake Pointe Drive, adequate room does not exist to match the pavement width and provide the safest curve radii as well as retaining the house at 5675 Quincy Street. In addition, there would not be room to maintain a bikeway/walkway connection, and provide adequate buffing between the neighborhood and the development. Shifting the proposed 40-foot roadway slightly to the south to create 20 feet of area between the north lot line and the north curb line of Carrie Lane could enhance the attached "original plan". A row of evergreen trees could be planted in this area and would still allow for adequate boulevard area for snow storage. In addition, there would be at least 40 feet available south of the newly constructed Carrie Lane to plant two rows of vegetation between it and the bikeway/walkway and the new parkway. A 40-foot road width is preferable to the 24-foot road width depicted in Option 2A. The transition of pavement width in Option 2A occurs at the curve of the road whereas the "original plan" provides more room for a safer curve radius and a matching pavement width. In addition, the 40-foot pavement width provides adequate room for two lanes of traffic, plus 8 feet of parking area on both sides of the street. This area is necessary if a car is disabled, or for normal FRIDLEY CITY COUNCIL MEETING OF MAY 10,1999 PAGE 13 parking activity. The wider pavement width also allows for smoother maneuverability for lazger plowing vehicles and large fire trucks. The pavement width of 40-feet would enable the City to maintain the State Aid designation on Carrie Lane. It should be noted, however, noted that the City would need a variance on the curve radii even with the "original plan". Staff recommends the City Council adopt the resolution authorizing initiation of eminent domain proceedings on 5675 Quincy Street. MOTION made by Councilmember Bolkcom to accept the letter of May 9, 1999 from Mr. Robert Glorda. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Jayne Griffith, 5675 Quincy Street sent a letter to the Council and stated that part of the letter was of a private matter and asked that it not be made pubic. Mr. Knaak, City Attorney, stated that it was stated in the letter dated May 6, 1999 that Ms. Griffith did not want the information made public and asked that Council abide by her request. MOTION made by Councilmember Bolkcom to accept the letter dated May 6, 1999 from Ms. Jayne Griffith addressed to the Mayor and Councilmembers, minus any attachments. Seconded by Councilmember Barnette. UPON A VOICE VOTE, FOUR MEMBERS VOTING AYE, AND ONE VOTE OF NAY, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. Mayor Jorgenson stated she had some concerns with passing the resolution at this Council meeting due to the fact that the City did not have a development agreement with Medtronic and that there were a number of items that needed to be resolved before they could get there. Mayor Jorgenson stated she felt it was premature at this point to discuss this issue of condemnation. Councilmember Bolkcom asked if they did approve this resolution tonight would it be able to be withdrawn in 120 days. City Attorney, Mr. Knaak, stated that yes that if it was of public interest it could be withdrawn. Councilmember Billings asked Mr. Knaak, the City Attorney, that if for some reason the City could not enter into an development agreement with Medtronic, would it be unreasonable to go ahead with the configuration of the site that had been proposed by Medtronic with other potential developers. City Attorney, Mr. Knaak, stated "yes". Councilmember Billings finished by stating in which case the public interest would still stand. Mr. Knaak, stated that the clarification was important, that the public purpose is the configuration of a proposed road construction or re-construction in a manner that would be safer then otherwise would fixed. FRIDLEY CITY COUNCIL MEETING OF MAY 10,1999 PAGE 14 Councilmember Billings stated again that it makes no difference who the developer was. Mr. Knaak, stated that was correct. Ms. Norma Rust , 5735 Quincy Street was appearing before Council on behalf of the Griffiths. She stated she was a neighbor of the Griffiths and did not want to see them lose their home. She stated she felt the City should look at Plan A and make Carrie Lane a cul-de-sac. Councilmember Barnette asked Ms. Rust if she believed the people that signed the petition that was circulated on April 12, 1999, did not understand that the Griffith's home would have to be removed. Ms. Rust stated she did believe that not everyone realized that. Councilmemeber Bolkcom, stated that several people came up to her during the meeting in March and said they realized it would take another home and that most people were pretty interested in selling at that time. She felt they had realized that another home would have to be removed. Ms. Jayne Griffith, 5675 Quincy Street, addressed the Council and stated that she would like to thank Medtronic for negotiations with the other six homeowners and to thank them for being sympathetic to her family's situation. Medtronic had bent over backwards to be sensitive to her mother's health problems. She stated they had not accepted the offer out of belligerence, but out of caring for her mother. Ms. Griffiths stated the condemnation came out of the clear blue to them. Councilmember Billings asked Ms. Griffith if they had been approached by the attorney for Medtronic. Ms. Griffith stated they had not and that the last motion was tabled. Councilmember Billings stated that the last motion the Council made regarding this item was to have Medtronic re-approach Ms. Griffith's parents. Ms. Griffith stated that the understanding was that it was tabled and Medtronic did not re-approach them. Councilmember Billings stated he had communications from Medtronic and had conversations with the Griffith's family attorney, and the family attorney indicated that they should not bother to put the offer back on the table. Ms. Griffith stated she was not apprised of that. Mayor Jorgenson read from the minutes of April 26, 1999, stating: "Motion by Councilmember Billings to request that staff inform Medtronic that the preferable roadway configuration would include the removal of the property at 5675 Quincy Street and the connection of Quincy Street and Jackson Street with a typical roadway width; and that staff transmit immediately to Medtronic a request that they re-negotiate the purchase of the property with the owners. Furthermore, he asked that staff begin to assemble information that they felt was necessary to help Council establish a public purpose for the possibility of condemnation of the property. Seconded by Councilmember Barnette." FRIDLEY CITY COUNCIL MEETING OF MAY 10,1999 PAGE 15 Reading further it stated that Councilmember Billings noted that this was a decision that he hoped he would never have to be forced to make; however, he must look out for the best interests of the entire City. Ms. Griffith stated that she did not understand that and was not sure Medtronic understood that also. The next day after that meeting she called her attorney to let him know what was going on. When her attorney called Medtronic's attorney she said she had just heard about this and I guess we can re-negotiate. Ms. Griffith stated her understanding was that it would happen at tonight's meeting. Councilmember Billings stated that on Wednesday or Thursday , two weeks ago, he contacted Cindy Arndt, the attorney for Medtronic, because he wanted to make sure that she understood that the City Council voted to ask Medtronic to put the offer back on the table. In a telephone conversation Ms. Arndt indicated to him that she had a conversation with the Griffith's attorney and indicated to him that she needed to speak with Mr. George, the Chairman of the Boazd, to see if it was permissible for Medtronic to put the offer back on the table. According to Ms. Arndt the response from the Griffith's attorney was not to bother. Ms. Griffith stated she never heard of a conversation that took place between last Wednesday and Thursday. Councilmember Billings stated it would now be some 10 days ago. Ms. Griffith stated the only conversation that she knows that took place with her attorney and Ms. Arndt, took place Tuesday, when her attorney called Ms. Arndt about the Council meeting. Councilmember Billings stated he had talked to Ms. Arndt around two days after that. Ms. Griffith stated that she was not aware of this. Her understanding was that everything was tabled until the meeting on May 10, 1999. She thought Medtronic would be contacting her, and had not heard anything from them. They would like to re-negotiate, and she cannot put her parents though a condemnation. Councilmember Billings stated that he hoped that Ms. Griffith would understand that some decisions that they make appear as though they are uncaring. The Council does in fact care, arid that is the primary reason why they had asked Medtronic to get back in touch with the Griffiths. Council felt it would be less of an intrusion on their personal lives than to have a court proceeding. It was his understanding that Medtronic did try to make that contact and that it was rejected by the Griffith's attorney. He stated if he was hearing Ms. Griffith say she would like to try and re-negotiate with Medtronic, that he would be in favor of tabling this item until next the Council meeting to give them the opportunity of doing that. Councilmember Billings asked Donn Hagmann, from Medtronic, if it was his understanding that Medtronic's legal department would be willing to go to Mr. George to see if they can go to the Griffiths and place the offer back on the table. FRIDLEY CITY COUNCIL MEETING OF MAY 10,1999 PAGE 16 Mr. Hagmann stated that they would be willing to make the offer again. MOTION by Councilmember Billings to table this item until May 24, 1999. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 15. RESOLUTION APPROVING A VACATION, SAV #99-01, VACATING A PORTION OF CARRIE LANE, QUINCY STREET AND JACKSON STREET (BY MEDTRONIC, INC.) (WARD 1): Mayor Jorgenson asked if this item could be tabled. Mr. Hagmann indicated that he had no opposition to tabling this item. MOTION made by Councilmember Billings to table this item. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 16. PRELIMINARY PLAT REQUEST, P.S. #99-01, BY MEDTRONIC, INC. TO CREATE FRIDLEY EXECUTIVE CENTER 2"D ADDITION, GENElaALLY LOCATED AT LAKE POINTE DRIVE AND BRIDGEWATER DRIVE (WARD 1): Ms. Dacy, Community Development Director explained that the petitioner was not objecting to a letter of credit on the installation of the street or the construction requirement the City has. The issue is the second phase of the overlay and when the final overlay will occur and who should pay for it. Staff recommends approval with 14 stipulations. Mr. Hagmann stated to the Council that he spoke with Ms. Dacy and indicated that this would be Medtronic's world headquarters. Mr. Hagmann stated that it was his understanding that regardless of the condition of the road, they would still have to mill it down. He did not know the exact cost, but estimated it would cost between $100,000 to $200,000. Councilmember Billings stated as he understood that when there is a development project, they do not put on the final coat of asphalt because during the time Phases 2 and 3 are constructed there may be tracks from trucks, and it is the City's responsibly to maintain it. So they try to save that final mat until the :,onstruction is done. Mr. Hagmann stated he felt that we logical. FRIDLEY CITY COUNCIL MEETING OF MAY 10,1999 PAGE 17 Councilmember Billings stated that any street they build will have a life of 40 to 50 years and about every 8 to 10 yeazs it needs to be sealcoated. He indicated that he believed that the way the Engineering Department was looking at it is if this is a three-phase deal and Phase 2 and 3 will not be completed for another 6 or 8 yeazs, everything will be done in that final mat. He stated that his concern was if someone bought out Medtronic before Phases 2 and 3 were completed and that company decided not to do Phases 2 and 3, he was not sure the City could hold them responsible. He stated he would be willing to put language in the agreement to the effect that Medtronic would be responsible. Mr. Hagmann stated they were willing to go the extra mile, but it was his understanding that whatever company was there would have to do the milling down. Mr. Hagmann stated they had worked on this with Ms. Dacy. Ms. Dacy stated that she e-mailed the language to Mr. Hagmann late in the day. It states that the petitioner will install the final mat on this street prior to the development on this site of Medtronic Inc. The successor will provide assurance to the City that the road will be maintained for the public. Mr. Hagmann stated they are willing to compromise with this. Mr. Knaak, City Attorney, questioned the language asking if by saying "assurance" did they mean security? He recommended the language guaranteeing that this is a legal term and one that could be enforced. Mr. Hagmann stated that he would take this back to Medtronic. MOTION made by Councilmember Billings to table this item until the May 24, 1999 Council meeting. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UANIMOUSLY. 17. INFORMAL STATUS REPORT Councilmember Bolkcom stated that the 50`�' Anniversary Task Force will be meeting on Thursday at 5:30 p.m. She indicated that on Saturday, May 15, 1999 there will be a barbecue sponsored by the Southern Anoka County Chamber of Commerce from 12 noon until 3:00 p.m. at the Fridley Community Center with free food. On Sunday May 16, 1999, there will be a Sounds of Jubilation concert starting at 3:00 p.m. with a reception starting at 2:30 p.m. There will be six churches singing and the Northeast Orchestra will be playing. Following the concert the Fridley band will be playing and there will be an ice cream social. It is being hosted by the Church of St. William, which is located at University Avenue and 61S` Street. FRIDLEY CITY COUNCIL MEETING OF MAY 10,1999 ADJOURN: PAGE 1� MOTION by Councilmember Bolkcom to adjourn the meeting at 12:40 a.m. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MAY 10, 1999 MEETING OF THE FRIDLEY CITY COUNCIL WAS ADJOURNED AT 12:40 A.M. Respectfully submitted, Carolyn Collmorgen Nancy J. Jorgenson Interim Recording Secretary Mayor CITY OF FRIDLEY PLANNING COMMISSION MEETING, MAY 5, 1999 CALL TO ORDER: Chairperson Savage called the May 5, 1999, Planning Commission meeting to order at 7:30 p.m. ROLL CALL: Members Present: Diane Savage, Connie Modig, LeRoy Oquist, Dean Saba, Larry Kuechle Members Absent: Dave Kondrick, Brad Sielaff Others Present: Scott Hickok, Planning Coordinator Paul Bolin, Planning Assistant Tim Jawor, 9175 107�' Street North, Stillwater Max Miller Anthony & Cynthia Schreiner, 7372 Symphony St. N.E. Lynn Hansen, 230 Rice Creek Boulevard APPROVAL OF APRIL 7 1999 PLANNING COMMISSION MINUTES: MOTION by Mr. Saba, seconded by Mr. Oquist, to approve the April 7, 1999, Planning Commission minutes as presented in writing. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING: CONSIDERATION OF P.S. #99-02 BY TIMOTHY JAWOR: Consideration of a Plat, P.S. #99-02, by Timothy Jawor to create 8 separate lots from Lot 11, Block 1, Melody Manor, in order to construct a 7-unit townhome structure, generally located at 7411 University Avenue. MOTION by Ms. Modig, seconded by Mr. Oquist, to waive the reading of the public hearing notice and to open the public hearing at 7:33 p.m. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOULSY AND THE PUBLIC HEARING WAS OPENED AT 7:33 P.M. Mr. Bolin stated that the petitioner, Timothy Jawor, is requesting a replat of property located at 7411 University Avenue. This replat would allow for the construction of a 7- unit owner-occupied townhome structure. The petitioner would like to split the existing lot into eight lots, providing for a separate lot for each townhome unit with a common area for the townhome association. 1.01 PLANNING COMMISSION MEETING, MAY 5, 1999 PAGE 2 Mr. Bolin noted that this property is also under consideration for a variance request that would decrease the required rear-yard setback from 40 feet to 19.2 feet. The Appeals Commission approved this request at their last meeting. Additionally, the property is under consideration for re-zoning from an R-2 District to an R-3 District, which is required. Mr. Bolin explained that the property directly to the north and south of the property consists of apartment units. The property to the east is zoned R-1 (a church currently exists on that property) and to the west is University Avenue and commercial and industrial property further west. Mr. Bolin provided a brief history of the property. He noted that in 1970 a settlement was reached with owner Ed Chies to allow R-3 standards to be applied to the property so that he could construct an 8-unit apartment building on the site. In 1986, the zoning maps were accidentally drawn to show the property at R-3 property; however, the action to formally change the zoning was never processed. At this time, the City is applying for a re-zoning of the property so that it is in conformance with the settlement and what the zoning maps have shown for the past ten years. Mr. Bolin noted that in 1994 there was a proposal for a 7-unit condominium project that was eventually withdrawn. A photograph was presented to depict how the property exists today as well as a site plan, landscaping plan, elevation plans and floor plans for the proposed project. Each unit woufd have a double car garage as well as a service door to the garage. The front entrance doors would actually be located on the south side of the building with a proposed concrete walkway around the property. Mr. Bolin stated staff is recommending denial of this plat request. The parcel is large enough to develop six units of the size proposed which would then meet all of the setback requirements. Additionally, the proposed layout does not provide enough green/open space. If the Planning Commission recommends approval of the Plat request, staff recommends that the following stipulations be attached: 1. The fence shall be extended along the entire east side of the property. 2. All elements of the building must meet the current building code and be approved by the City Building Official. 3. Concrete curbing be placed around parking lot and parking islands. 4. All parking spaces must be set back 20 feet from the front yard property line. 5. Proposed screening berm on west side of property must meet zoning code requirements for height. 6. Proper elevations showing all 7 units must be provided to the City, to ensure that the elevations are architecturally symmetricaL 7. The City will approve all exterior materials. 8. The use of brick, amount to be approved by City Staff, shall be required to ensure that the buildings have similar character to nearby buildings. 9. Final landscape plan will meet code requirements and must be approved by City Staff. 10.The proposed walkway shall be concrete. 1.02 PLANNING COMMISSION MEETING, MAY 5, 1999 PAGE 3 11.The Plat is conditional upon City Council approval of the variances & rezoning requests. 12.A 12-foot utility and drainage easement to be granted along entire eastern edge of property. 13.A 10-foot utility and drainage easement to be granted along entire southern edge of property. 14. A storm pond maintenance agreement to be filed with the City prior to issuance of a building permit. 15.The Plat must comply with all state regulations regarding townhome associations. 16.A park dedication fee of $750/unit must be paid prior to issuance of a building permit. Ms. Savage noted that the 7-unit rental condominium development previously proposed for the prope�ty met all code requirements. This proposal, however, does not meet the requirements. She asked what the difference was. Mr. Bolin noted that the development, which was proposed in 1994, had single-car garages and was smaller. The variance request, if approved by the City Council, will allow the proposal to meet all of the city code requirements. Ms. Savage asked if staff had discussed the possibility of reducing the size of the development with the petitioner. Mr. Bolin stated this has been discussed, but they have not been able to reach an agreement. Mr. Kuechle asked if the re-zoning would only affect this particular parcel. Mr. Bolin stated, yes, at this time. Staff will look at the possibility of rezoning some of the surrounding properties as well; however, that will not take place until the Comprehensive Plan has been completed. Ms. Savage asked when the City Council would be considering the variance request. Mr. Bolin stated that the Council will be reviewing the replat request on May 24. Ms. Savage asked if the surrounding property owners have expressed any concems. Mr. Bolin stated staff has not received any letters of concern. A representative from the church attended the Appeals Commission meeting, and addressed the church's concerns as to this development and the problems they have had with existing tenants in other apartments using the church property. Mr. Kuechle stated he understood from the discussion at the Appeals Commission meeting that there does not seem to be any designated play area nearby. Therefore, the church property has become a main attraction for children in the area. The general consensus of the Appeals Commission was that this appeared to be a good project and would not severely impact the area. Whether the development was constructed at six 1.03 PLANNING COMMISSION MEETING, MAY 5, 1999 PAGE 4 units or at seven units did not have a big difference as to the impact it wouid have on the church property, when combined with the other surrounding properties. Ms. Modig asked about stipulations #8 and #10. Mr. Bolin noted that stipulation #8 requires the use of brick on the exterior so that it will tie in with other nearby buildings. Stipulation #10 requires the walkways to be concrete. The walkways of the other two apartments also have concrete walkways. Mr. Oquist asked about Stipulation #4, which requires that the parking spaces be set back 20 feet from the front yard property line. He asked whe�e the front yard property line was. Mr. Bolin stated this would be University Avenue. Ms. Modig asked what formula was used to determine that the proposed plan does not have enough green space. Mr. Bolin stated the city code requires that the rear yard be 25% of the lot depth. If this was applied, a 50 foot rear yard setback would be required; however, the code states that in no cases will the City require more than a 40 foot rear yard setback. The minimum rear yard setback is 25 feet. Ms. Modig noted that the Innsbru�k Townhomes do not have a large rear yard. Mr. Bolin stated the rear yard setback is based upon the actual lot size. Mr. Hickok stated that the Innsbruck development is platted with common space around it and surrounding the block of units. That development does have the proper setbacks from the edge of the units to their property lines. Mr. Saba noted that in addition to aesthetic purposes, green space also provides for proper drainage. He asked if this has been taken into consideration. Mr. Bolin stated that the storm pond design and the calculations, which were submitted by the petitioner, have been reviewed and approved by the City Engineer and staff. Mr. Tim Jawor stated when this development plan was designed, they reviewed the 1994 7-unit plat and then met with various realtors and looked at other developments within neighboring cities to define what the market wanted. This information revealed that what people wanted were finro-car garages, two bedrooms, two bathrooms, and a moderate price range. With this development proposed as owner-occupied units, the need for an exterior dumpster has been eliminated. Mr. Jawor explained that they must keep these units moderately priced. By reducing the number of units from seven to six, there will be a significant impact on the remaining six units as far as cost. Rough calculations indicate that it would add approximately $5,000 to $6,000 in cost per unit. 1.04 PLANNING COMMISSION MEETING, MAY 5, 1999 PAGE 5 Mr. Jawor stated that regarding the church's concems, they are proposing to construct a 6-foot high cedar, board on board privacy fence along the east lot line, to be maintained by the townhome association. Mr. Lynn Hansen stated he has owned and lived on the property to the north of this proposed project for the past 20 years. He believes it is inevitable that something will eventually be done with this property. The property has become a"dumping ground". He stated he thinks this is a good plan, and it will enhance the area. Cindy Schreiner, 7372 Symphony Street, stated her husband attended the Appeals Commission meeting. They are concerned about the congestion in the area. A project was approved at the end of Symphony Street and 74�' Avenue. In that project, the garages are not even used for vehicles, as is the case with other properties near them. They have a major parking problem on Symphony Street now. She also stated that Melody Manor does not have a right-of-way out of their neighborhood. The only park to service the residents of the development is approximately 1'h miles away. Mr. Tony Schreiner, 7372 Symphony Street, stated he voiced his objection to this development at the Appeals Commission. His concern is the traffic issue. He stated if the City of Fridley continues to approve these developments, he sincerely hopes they will address the traffic issue before something seriously happens on 73�d Avenue. There are paths along the south side of 73`d Avenue which lead to the park; howeve�, there are no pedestrian crossings to allow people in Melody Manor to get across 73 Avenue. Mr. Hickok stated that the number of trips from the site, regardless of whether six or seven units are approved, are within what had been approved years ago and are within what the R-3 zoning would allow. There is a service drive along the front of the . development, which will act as the primary access to the site from a public street. It is reasonable to expect that a higher density development will generate more traffic. Calculations indicate that approximately 49 trips to and from this townhouse development would occur on a daily basis: (A single family home would generate 10 to 11 trips daily.) Ms. Savage asked if any discussions have been centered around reducing the speed limit on 73�d Avenue. Mr. Hickok stated that he was not aware of any discussions, but that he will make note of the crosswalk issue addressed by Mr. Schreiner. Mr. Jawor noted that association documents can be drawn up requiring that all cars must be parked inside. Mr. Schreiner stated he would have concems that these requirements could be changed at a later date. MOTION by Mr. Oquist, seconded by Mr. Kuechle, to close the public hearing at 8:20 p.m. 1.05 PLANNING COMMISSION MEETING, MAY 5, 1999 PAGE 6 UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 8:20 P.M. MOTION by Mr. Saba, seconded by Mr. Oquist, to approve PS 99-02, with the following stipulations: 1. The fence shall be extended along the entire east side of the property. 2. All elements of the building must meet the current building code and be approved by the City Building Official. 3. Concrete curbing shall be placed around parking lot and parking islands. 4. All parking spaces must be set back 20 feet from the front yard property line. 5. Proposed screening berm on west side of property must meet zoning code requirements for height. 6. Proper elevations, showing all 7 units, must be provided to the City to ensure that the elevations are architecturally symmetrical. 7. The City will approve all exterior materials. 8. The use of brick, amount to be approved by City Staff, shall be required to ensure that the buildings have similar character to nearby buildings. 9. Final landscape plan will meet code requirements and must be approved by City Staff. 10. The proposed walkway shall be concrete. 11.The Plat is conditional upon City Council approval of the variances & rezoning requests. 12.A 12-foot utility and drainage easement shall be granted along entire eastern edge of property. 13.A 10-foot utility and drainage easement shall be granted along entire southern edge of property. 14. A storm pond maintenance agreement shall be filed with the City prior to issuance of a building permit. 15. The Plat must comply with all state regulations regarding townhome associations. 16. A park dedication fee of $750/unit to be paid prior to issuance of a building permit. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. COMPREHENSIVE PLAN DISCUSSION: Mr. Hickok reopened the discussion on the Comprehensive Plan. The Planning Commission has hosted several neighborhood-planning sessions. He noted that Mark Koegler of the Hoisington Koegler Group, Inc., and Mary Bujold of Ma�eld Research, Inc., are present to discuss the elements of the Comprehensive Plan, trends, and how these trends impact the City of Fridley. Ms. Bujold presented information in regard to demographic/housing market trends that are being seen around the metropolitan area, which affect the City of Fridley. The metropolitan area is currently experiencing a housing growth. Construction continues at 1.06 PLANNING COMMISSION MEETING, MAY 5, 1999 PAGE 7 a rapid pace and housing resale values are increasing dramatically. She stated that affordable housing continues to remain a key issue especially as construction and land costs continue to increase. Rental housing construction is very low in the Twin Cities — especially for moderate-income households where the demand is high. The turnover rate is abnormally low in many areas, which indicates that fewer households are moving around. Senior housing construction is escalating due to the strong demand for this type of housing. �She stated that communities are becoming more concemed with providing a spectrum of housing designed to meet household life-cycle needs — from entry level to senior housing. Ms. Bujold stated that the rate of population g�owth is slowing. This is particularly true for communities such as Fridley where there is an aging population base. Households are increasing due to demographics and social trends such as later marriages, more divorces and fewer children in each household. Ms. Bujold stated employment is forecasted to grow substantially during the 2000's. Fridley's location within the metro area is very convenient with easy access to the major freeway network. She noted that Fridley is well placed in the midst of a sizeable labor force. Several of Fridley's major employers are growing� significantly. Ms. Bujold stated other demographic characteristics are that older and younger senior households are increasing in the community. Households under age 35 are decreasing. Fridley's median household income by age of households is similar to those for the Twin Cities as a whole. The number of owner-occupied housing units has increased during the 1990's. There has been very little increase in the number of rental units in Fridley during the same time period. Ms. Bujold stated Fridley offers a variety of housing, but the majority is affordable to first-time homebuyers. Two issues of concern expressed by real estate agents include lack of move up housing and lack of market rate senior housing. The majority of single family homes in Fridley sold for between $70,000 and $149,000 in 1998. Housing values in Fridley have continued to increase by 6.5% annually since 1994 (this rate was at the top end of communities surrounding Fridley). Ms. Bujold stated that some of the ongoing housing issues include the limited land available for new housing, localized areas of housing in poor condition, selected removal of housing for redevelopment or replacement, lack of a broad mix of housing to satisfy life-cycle housing needs, households skipping over Fridley to find housing that meets their needs or households moving out of Fridley to find suitable housing. Mr. Kuechle asked what Fridley can do to provide move-up housing. Ms. Bujold stated one example would be the proposed development at 74�' and � University Avenues. These are homes that provide new features and amenities that are desirable. Ms. Modig wondered if the Comprehensive Plan must specifically address what type of housing is needed in areas and will it require further changes in zoning. 1.07 PLANNING COMMISSION MEETING, MAY 5, 1999 PAGE 8 Ms. Bujold stated the Comprehensive Plan must have enough flexibility to be able to actively respond to market demands at the time. However, areas should be identified where changes may need to take place in the future. Mr. Kuechle stated he feels Fridley is still not addressing the life cycle housing. Most townhomes cater to a different demographic group. Additionally, most of the townhomes in Fridley are low-end price-wise. Mr. Oquist stated Fridley needs to address what happens in neighborhoods in general and what should be done with run-down properties within neighborhoods. This affects the entire area and is a problem that should be addressed in the Comprehensive Plan. Ms. Bujold stated that under the criteria established by the Metro Council, Fridley either meets or exceeds the benchmark percentages for affordable housing in nearly every category. Mr. Koegler stated they have identified six categories of trends that affect government and how they apply locally on comprehensive planning issues. Not all of the areas have a substantial impact on the Comprehensive Plan; however, he believes social change, quality of life, and development play a significant role. Mr. Koegler stated that in looking at government/public participation, they have found an eroding trust in public officials and government, an increase in complexity in decision making and issues, a growing NIMBYism with no desire to compromise, and lack of understanding on how to get involved in government processes. This affects the city by causing an increased interest in group demands, more contentious public hearings, and more legislation to protect taxpayers from local government. Mr. Koegler stated it has been found that the public perceives taxes as being too high. There is growing demand and expectations for services. The effect this may have on the city is levy limits, truth in taxation and fiscal disparities. There have been increased demands for service, staff resources, limited funds to maintain infrastructure and unfunded mandates. Social changes such as increased social diversity and multiculturalism and the aging population will increase the city's demand for human service programs and specialized housing. Mr. Koegler stated there is a growing demand for sense of place and identity and a demand for a clean environment. This will cause a growing increase in community facilities, greater emphasis on clean air and water, traffic meters, neighborhood traffic issues and a growing interest in public gathering spaces. Mr. Koegler stated the accelerating pace in technology and telecommunications has an impact on the way we do business. Information is increasingly available, growth in home offices and telecommuting. This will create a greater demand for information via Internet. There may be less need fortraditional large-scale retail, and less need for more flexible office environments/less demand for office buildings. 1.08 PLANNING COMMISSION MEETING, MAY 5, 1999 PAGE 9 Mr. Koegler stated that the City of Fridley is approaching full development. Regional efforts are being made to contain sprawl. At the same time, there is a very strong and diverse regional economy. The effect this may have on the city is that growth will become more dependent on redevelopment, a greater city role will be required, additional investment in rebuilding infrastructure will be needed and there will be potential for more regional incentives and opportunities. Mr. Koegler stated some of issues which he feels will need to be addressed in the comprehensive plan include the following: 1) a community entrance at Central Avenue/694 and at University Avenue/694 2) housing quality — maintenance 3) Central Avenue and University Avenue — corridor appearance 4) junkyards within the city 5) the impact of the Medtronic's campus 6) lack of public transportation 7) commuter rail 8) trails and bike paths — improving ways of getting around 9) east/west traffic movement 10)the mix of housing � 11)the role of the Mississippi River 12)the aging infrastructure 13)the Hyde Park neighborhood area 14)the need for community gathering places 15)the concept of connected neighborhoods Mr. Koegler stated that they have found that people want the urban amenities in a suburban development. This will need to be looked at more closely to see how it can be obtained. Mr. Oquist stated that Fridley is really divided into three sections with University Avenue and Central Avenue. I-694 is another dividing line. This should be addressed as well. Mr. Saba stated he feels the bike paths do not provide continuity, allowing them to bike from their homes to specific areas of interest and relaxation. Additionally, Fridley does not have any pedestrian bridges or walkways over Highway 65 or University Avenue to connect areas of the city. This is something else he would like to see addressed in the Comprehensive Plan. Ms. Savage stated Fridley does not have a main focal point such as a central area for plantings, etc. Mr. Koegler stated the information gathered and discussed will be put together and will be brought back for consideration. 3. RECEIVE THE MINUTES OF THE MARCH 1, 1999, PARK & RECREATION COMMISSION MEETING: 1.09 PLANNING COMMISSION MEETING, MAY 5, 1999 PAGE 10 MOTION by Mr. Saba, seconded by Mr. Kuechle to receive the Minutes of the March 1, 1999, Park and Recreation Commission Meeting. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. RECEIVE THE MINUTES OF THE MARCH 11, 1999 HUMAN RESOURCES COMMISSION MEETING: MOTION by Mr. Oquist, seconded by Ms. Modig to receive the Minutes of the March 11, 1999 Human Resources Commission Meeting. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UANIMOUSLY. 5. RECEIVE THE MINUTES OF THE MARCH 10. 1999. APPEALS COMMISSION MEETING: MOTION by Mr. Kuechle, seconded by Mr. Oquist to receive the Minutes of the March 10, 1999, Appeals Commission Meeting. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UANIMOUSLY. 6. RECEIVE THE MINUTES OF THE APRIL 14� 1999. APPEALS COMMISSION MEETING: MOTION by Mr. Kuechle, seconded by Mr. Saba to receive the Minutes of the April 14, 1999, Appeals Commission Meeting. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UANIMOUSLY. OTHER BUSINESS: Mr. Hickok stated that the City Council considered and approved the five-foot utility easement vacation on the property located near 1015 Mississippi Street. A home is now under construction on the site on Brookview Drive just north of Mississippi Street. Mr. Hickok stated that two of the items on the City Council agenda for the Medtronic project (the street vacation for Carrie Lane and the plat approval) were tabled at the April 26 meeting and will be considered again at the May 10, 1999, City Council meeting. The other items relating to this project were approved. The Planning Commission reviewed the Holiday gas station facility on Highway 65. That item will be coming back to the City Council on May 10, 1999. 1.10 PLANNING COMMISSION MEETING, MAY 5, 1999 PAGE 11 Mr. Hickok stated that the code enforcement program in Fridley has been very successful. He noted that he would like to have Missy Daniels, Code Enforcement Officer, attend some of the upcoming Planning Commission meetings to discuss the progress that has been made. ADJOURN: MOTION by Mr. Saba, seconded by Mr. Kuechle to adjoum the meeting. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE MAY 5, 1999 PLANNING COMMISSION MEETING WAS ADJOURNED AT 9:55 P.M. ggspectfully submitted, -(�a�-�, � ,� � �' Tamara D. Saeflce Q�� Recording Secretary � 1.11 TO: �'ROM: SUBJECT: DATE: WILLIAM W. BURNS, CITY MANAGER 6�""I' RICHARD D. PRIBYL, FINANCE DIRECTOR CRAIG A. ELLESTAD, ACCOUNTANT MODIFICATIONS TO THE 1999 BUDGET May 14,1999, Attached you will find a resolution amending appropriations to the 1999 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 adjustments through the Budget reappropriation form. We request that the Council approve the amendment of the attached budgets. RDP/ce Attachment 2.01 RESOLUTION # -1999 A RESOLUTION AUTHORIZING CHANGES IN APPROPRIATIONS FOR THE GENERAL FUND AND THE CAPITAL IlVIPROVEMENT FUND THROUGH MARCH 31,1999 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, T�REFORE, BE IT RESOLVED that the General Fund and Capital Improvement Fund budgets for the following divisions be amended as follows: REVENUE ADJUSTMENTS Reimbursement-Police Reimbursement-Police Reimbursement-Police Reimbursement-Police APPROPRIATION ADJUSTMENTS Police-Personal Services Police-Personal Services Police-Personal Services Police-Personal Services GENERAL FUND 15,000 From Blaine For Curfew Center 15,000 Coon Rapids For Curfew Center 2,940 From SLP For Curfew Center 1,200 O.T. Reimburse-Anoka County 34,140 15,000 Salaries For Curfew Center 15,000 Salaries For Curfew Center 2,940 Salaries For Curfew Center 1,200 Salaries For Overtime 34,140 PASSED AND ADOP'TED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS TH DAY OF , 1999. — ATTEST: DEBRA A. SKOGEN - CITY CLERK 2.02 NANCY J. JORGENSON - MAYOR INTEROFFICE MEMOl�'AND UM TO: WILLIAM W. BURNS, CITY MANAGER ,�� FROM: CHUCK MCKUSICK, FIRE CHIEF DATE: MAY 13, 1999 SUBJECT: CHEMICAL ASSESSMENT TEAM CONTRACT Attached is a Council resolution authorizing extension until June 30, 2000, our contract with the State Department of Public Safety for the providing of Chemical Assessment Team service under the State's Hazardous Materials Incident Response Act. As noted in the attached May 3 cover letter from the Program Operations Administrator, there are no substantive changes to the contract. Staff recommends adoption of the resolution. Dir: CA"I1Y2KContractResolution 3.01 RESOLUTION # - 1999 RESOLUTION AUTHORIZING AGREEMENT WITH STATE OF MINNESOTA FOR FURNISHING CHEMICAL ASSESSMENT TEAM SERVICES FOR STATE FY 2000 WHEREAS, the City of Fridley's Fire Department has provided Chemical Assessment Team service to the State of Minnesota under contract which will expire June 30, 1999, and WHEREAS, the State has solicited the City to continue said service for a one year period from July 1, 1999 to June 30, 2000 under substantially the same terms as the cunent agreement, NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Manager are hereby authorized to enter into a service agreement with the State of Minnesota, Department of Public Safety, for the providing of Chemical Assessment Team service as authorized by the Minnesota Hazardous Materials Incident Response Act, and pursuant to the terms and consideration recited in the "North Metro Chemical Assessment Team" agreement. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 24`h DAY OF MAY, 1999. ATTEST: Deb Skogen, City Clerk dir: CATConVact\Council Resolution FY2000 Nancy J. Jorgenson, Mayor 3.02 � � CRY OF FRIDLEY CLAIMS MAY 24, 1999 CLAIMS 87077 - 87306 5.01 � � GTY OF FRIDLEY Type of License CIGARETTE SALES 21 ST Century Food & Fuel, Inc. 7883 East River Road Fridley, MN 55432 Fridley Amoco Certicare 7680 Hwy 65 NE Fridley, MN 55432 Sam's Club #6310 8150 University Avenue NE Fridley, MN 55432 Walgreen's 6525 University Avenue NE Fridley, MN 55432 FOOD SALES 21 ST Century Food & Fuel, Inc. 7883 East River Road Fridley, MN 55432 Ngoc Tram Market 6566 University Avenue NE Fridley, MN 55432 Walgreen's 6525 University Avenue NE Fridley, MN 55432 Fridley Amoco Certicare 7860 Hwy 65 NE Fridley, MN 55432 JUNK YARD LICENSES MAY 24, 1999 BY Yi Thao Sue Nelson Rick Brazile Walgreen Companies Yi Thao Luong V. & Tram N Walgreen Companies Sue Nelson Approved By: Police Department Fire Department Planning Department Police Department Fire Department Planning Department Police Department Fire Department Planning Department Police Department Fire Department Police Department Fire Department Planning Department Police Department Fire Department Planning Depariment Police Department Fire Department Fees: $ 125.00 $ 125.00 $ 125.00 $ 125.00 $ 45.00 $ 45.00 $ 45.00 Police Department $ 45.00 Fire Department Community Development Sam's Auto Parts Barry Hoosline Police Department $ 300.00 1240 - 73-1/2 Avenue NE Fire Departmetn Fridley, MN 55432 Planning Depariment MOTOR VEHICLE BODY REPAIR Maaco John Wuelko 148 Osborne Road Fridley, MN 55432 PEDDLER/SOLICITOR Matt Milner Sales 1298 - 52nd Avenue NE Fridley, MN 55432 RETAIL GASOLINE SALES 21 ST Century Food & Fuel, Inc. 7883 East River Road Fridley, MN 55432 . Fridley Amoco Certicare 7860 Hwy 65 NE Fridley, MN 55432 TEMPORARY ON-SALE BEER Fridley Wrestling Boosters 1337 Gardena Avenue Fridley, MN 55432 Lions Club 6151 Trinity Drive Fridley, MN 55432 TREE REMOVAL AND TREATMENT One Two Tree 18547 Lakeview Point Drive Wyoming, MN 55092 Crystal Tree Service 5301 Xenia Avenue South Crystal, MN 55429 Gerald Johnson Yi Thao Sue Nelson Police Department $ 150.00 Fire Departrnent Planning Department Police Department Request Planning Department Waiver Police Department $ 60.00 Fire Deparhnent Planning Department Police Department $ 60.00 Fire Department Community Development Todd G Christenson Police Department Hal Hinchcliffe Jonathan A. Staib Chuck A. Johnson 6.02 Police Department $ 60.00 Request Waiver Public Works Dept. $ 40.00 Public Works Dept. $ 40.00 � � C(TY OF FRIDLEY Tvpe of License BLACKTOPPING Northern Asphalt Construction Inc 11064 Raddison Rd NE Blaine MN 55449 GAS SERVICES Alta Ltd 19260 Mushroom�Rd Prior Lake MN 55372 LICENSES MAY 24, 1999 BY Jeannette Larson Deb Grendahl Anderson Heating & Air Cond Inc 4347 Central Ave NE Columbia Heights MN 55421 George Whittenberger Dave's Appliance Heating & Air Inc 1601 37 Ave NE Columbia Heights MN 55421 David Roberts Don's Service of Golden Valley 1800 Hampshire Ln Golden Valley MN 55427 Fore Mechanical Inc 3520 88 Ave NE Blaine MN 55014 Daniel Gipe Kevin Grell McQuillan Bros Plumbing & Htg Co 452 Selby Ave St Paul MN 55102 Tim McQuillan Southside Heating & Air Cond Inc 10800 Normandale Blvd Bloomington MN 55420 Robert Siefert n �proved Bv: RON JULKOWSKI Building Official RON JULKOWSKI Building Official Same Same Same Same Same �ame Type of License By Approved Bv: GAS SERVICES Welter Ray N Heating Company 4637 Chicago Ave Minneapolis MN 55407 Ray Welter Jr GENERAL CONTRACTOR-COMMERCIAL Allied Roofing 22543 E Martin Lake Dr Stacy MN 55079 Mike Teadt Haugtvedt Companies Inc 1767 Old Hudson Rd St Paul MN 55106 Single-Ply Systems Inc 909 Apollo Rd Eagan MN 55121 Kevin Haugtvedt Joseph Elder GENERAL CONTRACTOR-RESIDENTIAL B & J Construction (20138623) 1556 N Snelling St Paul MN 55108 Brent Murawski Brinkman Russell Inc (8168) 3415 Hartford Rd Woodbury MN 55125 City Wide Builders Inc (4969) 12110 61 Ave W Plymouth MN 55442 Dreamland Homes (20136308) 6465 Edgewood Ave N Brooklyn Park MN 55428 Bill Brinkman Greg Kohler Chris Zaworski 1 st Class Construction(20055534) 4616 Edinbrook Ter Brooklyn Park MN 55443 Chad Sallman 6.04 � Same RON JULKOWSKI Building Official Same Same State of M N Same Same Same Same Tvpe of License BJr GENERAL CONTRACTOR-RESIDENTIAL Four Season Roofing & Remodeling (20138780) 7930 University Ave NE Fridley MN 55434 Stuart Bauer H K Construction (8169) 3426 Newton Ave N Minneapolis MN 55412 Herb Smith Heins Paul Construction (2872) 21124 Horseshoe Trl Corcoran MN 55340 Paul Heins K & K Roofing (20094111) 9401 McCamus Rd Brookston MN 55702 Kerchner Construction (4442) 3630 153 Ave NW Andover MN 55304 Kyle Karppinen Bill Kerchner Needham Reroofing Inc (20143425) 1983 Sloan PI #5 Maplewood MN 55115 Joe Needham New Haven Construction Co 4208 83 Ave N Brooklyn Park MN 55444 Phalen Siding & Trim (6216) 1528 Lincoln Ave St Paul MN 55105 Dan Cardinal John Limberg Pleasant Valley Homes Inc (20131520) 243 Revere Lane Champlin MN 55316 Randy Stawski 6.05 Approved BV: State of Minnesota Same Same Same Same Same Same Same Same Type of License By GENERAL CONTRACTOR-RESIDENTIAL Pro Exteriors (6094) 11792 Chisago Blvd Chisago MN 55013 Rick's Roofing & Sidinjg (3566) 183 Cleveland Ave SE New Brighton MN 55112 Sawhorse Inc (2382) 4740 42 Ave N Robbinsdale MN 55422 Ray Fuerstenberg Richard Longnecker Dave Dahl Shingle Creek Construction (20030639) 8072 415 St Harris MN 55032 Tim Ryan Town & Country Roofing & Siding (20091282) 9403 Minnesota Ln N Maple Grove MN 55369 John Harty Twin City Roofing (20132169) 8605 Dunkirk Maple Grove MN 55311 Volk & Sons Construction (2062) 489 Halsey Ave SE Buffalo MN 55313 Walker Roofing Co Inc 2701 36 Ave S Minneapolis MN 55406 Todd Christenson Gene Volk Nathan Reese Window Lite Home Improvements (20039258) 523 Central Ave N Osseo MN 55369 Scott Lennander . 1 . Approved By: State of Minnesota Same Same Same Same Same Same Same Same .. Type of License � By GENERAL CONTRACTOR-RESIDENTIAL Woods Steven Construction (6810) 8164 Zenith Ct Brooklyn Center MN 55443 Steven Woods HEATING Alta LTD 19260 Mushroom Rd Prior Lake MN 55372 Deb Grendahl Anderson Heating & Air Cond Inc 4347 Central Ave NE Columbia Heights MN 55421 George Whittenberger Dave's Appliance Heating & Air 1601 37 Ave N E Columbia Heights MN 55421 Don's Service of Golden Valley 1800 Hampshire Ln Golden Valley MN 55427 Fore Mechanical Inc 3520 88 Ave N E Blaine MN 55014 McQuillan Bros Plbg & Htg Co 452 Selby Ave St Paul MN 55102 David Roberts Daniel Gipe Kevin Grell Tim McQuillan Southside Heating & Air Cond Inc 10800 Normandale Blvd Bloomingdale MN 55420 Robert Siefert Welter Ray N Heating Co 4637 Chicago Ave Minneapolis MN 55407 Ray Welter 6.07 Approved �y: State of Minnesota RON JULKOWSKI Building Official Same Same Same Same Same Same Same Type of License PLUMBING M& W Water and Sewer Inc 2760 183 Ln Cedar MN 55011 Norblom Plumbing Co 2905 Garfield Ave S Minneapolis MN 55408 � Mike Gordon Mike Van de Kamp Soderlin H O Plumbing Heating & Air Cond 3612 Cedar Ave S Minneapolis MN 55407 Gerald Stanger Richfield Plumbing Co 509 W 77 St Richfield MN 55423 David Adelmann Roark Plumbing Inc 2880 Co Rd 90 Maple Plain MN 55359 SIGN ERECTOR Ace Sign Displays Inc 924 B Street S Sioux City NE 68776 Leroy Signs Inc 6325 Welcome Ave N Broaklyn Park MN 55429 WRECKING Kevitt Excavating Inc 3335 Pennsylvania Ave N Crystal MN 55427 Micah Johnson Lee Umland Ruth Miller Chris Vieau . 1 : Approveal Bv. State of MN Same Same Same Same RON JULKOWSKI Building Official Same RON JULKOWSKI Building Official r � QTY OF FRIDLEY Park Construction Co. 7900 Beech Street N.E. Minneapolis, MN 55432-1795 ESTIMATES MAY 24, 1999 Riverview Heights Area Improvement Project No. ST. 1999 — 1 Estimate No. 1 ................................................................................... $41,749.65 7.01 MEMORANDUM DEVELOPMENT DIRECTOR DATE: May 20, 1999 TO: William W. Burns. City Manager �� FROM: Barbara Dacy, Community Development Director SUBJECT: Consider Resolution Authorizing Eminent Domain Proceedings At the May 10, 1999, City Council meeting, Council postponed action on the Resolution to Authorize Eminent Domain Proceedings based on testimony by the affected property owner that she was not aware of discussion between Medtronic Inc., and her attorney. Subsequent to the Council meeting on May 10, 1999, it is staff's understanding that the affected property owner has verbally agreed to sign a purchase agreement with Medtronic Inc. By Monday night it is hoped that the agreement will have been signed. Given this information there is no need for the City Council to pass a Resolution Authorizing Eminent Domain Proceedings. Staff recommends the City Council remove this item from the table. The City Attorney suggests that staff state on the record that it is withdrawing their request from Council consideration. If there is a pending motion to approve the condemnation, the Council persons who made and seconded the motion must agree to withdraw it. BD\jt M-99-130 E�� MEMO�:ANDUM DEVELOPMENT DIRECTOR DATE: May 20, 1999 TO: William W. Burns, City Manager �.�� FROM: Barbara Dacy, Community Development Director SUBJECT: Resolution Requesting a Vacation of a Portion of Carrie Lane Right-of-Way, Medtronic Inc., SAV #99-01 _ Background The City Council postponed action on this item on May 10, 1999 to permit the property owner affected by the condemnation proceedings to negotiate with Medtronic Inc. Subsequent to the Council meeting, it is staff's understanding that the affected prope►-ty owner has agreed to sell to Medtronic, Inc. Based on this information, staff has worked with the petitioner on the plan to reconstruct Carrie Lane. Proposed Plan It is proposed that the preliminary plat will include the Griffith's lot (see other action item on the Council agenda). The new plat will create 66 feet of right of way for reconstructed Carrie Lane, and an outlot between Carrie Lane and the parkway for finro rows of vegetation, in conformance with the neighborhood's previous testimony. Further, Carrie Lane will be constructed so that there is 20 feet befinreen the north curb line of Carrie Lane and the new north right of way line to permit the installation of another row of trees to buffer the homes to the north. Staff is in the process of contacting the two property owners to the north to advise them that these trees and the new boulevard area will be their responsibility to maintain. Further, a bikeway/walkway connection will be created to link Carrie Lane and the parkway. A final landscaping plan and street plan is now being drawn. Staff hopes to have a drawing available for the Council on Monday evening. Recommendation Staff recommends the Council approve the Resolution authorizing the vacation request with the stipulations below: 1. The petitioner shall reconstruct CaRie Lane as shown in Exhibit B, with the understanding that the north curb line of Carrie Lane is 20 feet from the north lot line and the petitioner installs a row of trees along the north lot line. 9.01 2. The petitioner shall convey the land to the City necessary for the Carrie Lane reconstruction and on the plat, dedicate 66 feet of right of way for reconstructed Ca�rie Lane. (delete " as shown in the preliminary plat submittal.") 3. The petitioner shall submit a final landscape and irrigation plan to be approved by the City prior to issuance of the first building. 4. The petitioner shall submit a final construction plan to the City Engineering Department for review and approval prior to demolition of existing Carrie Lane. 5. The petitioner shall maintain the vegetation contained in the outlot south of the new Carrie Lane right of way. . BD\jt Enclosure M-102-99 9.02 RESOLUTION NO. -1999 A RESOLUTION APPROVING A VACATION, SAV #99-01, VACATING A PORTION OF CARRIE LANE, QUINCY STREET, AND JACKSON STREET WHEREAS, the Planning Commission held a public hearing on the vacation, SAV #99-01, on April 7, 1999, and recommended approval to vacate: . That part of Carrie Lane, Quincy Street, and Jackson Street as was dedicated in the plat of DONNAY"S LAKEVIEW MANOR ADDITION, according to the recorded plat thereof, Anoka County, Minnesota, lying southerly of a line drawn from the southeast corner of Lot 1, Block 10, said DONNAY'S LAKEVIEW MANOR ADDITION, and lying southerly of a line drawn from the southeast corner of Lot 12, said Block 6, DONNAY'S LAKEVIEW MANOR ADDITION, to the southwest corner of Lot 9, Block 5, said DONNAY'S LAKEVIEW MANOR ADDITION. WHEREAS, the City Council at its May 10, 1999, meeting approved the vacation request with stipulations attached as Exhibit A; and WHEREAS, the vacation request has been made in conformance with Minnesota Statutes and pursuant to Section 12.07 if the City Charter and Chapter 205 of the Fridley City Code. NOW, THEREFORE, BE IT RESOLVED, that by the City Council of the City of Fridley, Minnesota, hereby approves the vacation, SAV #99-01, 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 24TM DAY OF MAY, 1999. ATTEST: DEBRA�A. SKOGEN - CITY CLERK 9.03 NANCY J. JORGENSON - MAYOR EXHIBIT A 1. The petitioner shall reconstruct Carrie Lane as shown in Exhibit B, with the understanding that the north curb line of Carrie Lane is 20 feet from the north lot line and the petitioner installs a row of trees along the north lot line. 2. The petitioner shall convey the land to the City necessary for the Carrie Lane reconstruction and on the plat, dedicate 66 feet of right of way for reconstructed Carrie Lane. (delete "as.shown in the preliminary pla# submittal.") 3. The petitioner shall submit a final landscape and irrigation plan to be approved by the City prior to issuance of the first building permit. 4. The petitioner shall submit a final constriction plan to the City Engineering Department for review and approval prior to demolition of existing Carrie Lane. 5. The petitioner shall maintain the ve,getation contained in the outlot south of the new _._ �. _� : __ __ Carrie Lane right of way. al�taridscaped areas arourid�reco�+s#�rct��#�E�rrie tane. • � . � �� '.-"" �� •.� ( � , � .\ � . O �— �e � . _� � i � '':; � '��,. .;�: .� ��;, : `: .\ . �;: '��:: � ,` �� ,, � � .` ;�, �� : •� ,, t ,\ � '� '�: ,;: �'�: '� � � b N :�_ e: : 1 : i: : : i: : ; �1,�� '�. 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'�:, ........ -�----...__ ,..._...- .� . -::::::::... -. �. .- .- ....-.-- �, � - h ` wY -..:._---" �+�< /N7ERSTATE H/CHWAY `' „ `6 .� u°"' ~ ' `.-.. /�' •� �� NO 694 i-------------'i L—J---__—_—� � /NTERSTAT�c- ' - . . „ . .. ----_ H/CHW,4 y i —i � . �. .- .. L�__ N� 694 . —�_�� / • ,F,. `. �"' IA :�� ..� + i i �� i � i I = � � i ii „ ' b I , 2 L j' { 3 ` i � i = � � i W � � � MEMO�.ANDUM DEVELOPMENT DIRECTOR DATE: May 20, 1999 TO: Wiliiam W. Burns, City Manager�l� � FROM: Barbara Dacy, Community Development Director SUBJECT: Preliminary Plat Approval for Medtronic Inc. Mill and Overlav Stipulation The City Council postponed action on the preliminary plat on May 10, 1999 to resofve the language associated with Stipulation #15. The stipulation has been reworded as follows (new language in bold): 15. The petitioner shall submit a letter of credit or performance bond equal to the construction cost of the public street (Lake Pointe Drive or currently known as Bridgewater Drive) and public utilities. The letter of credit or a bond will be held for a period of one year after completion of the improvements. The petitioner proposes to install the final mat after Phase I development and before construction is completed on the entire site. If any street deterioration is visible after completion of the last phase of development on the site, Medtronic Inc. or its successors will guarantee a mill and overlay or where reasonably appropriate make repairs sufficient to restore Lake Pointe Drive (now known as Bridgewater Drive) to a"like new" condition. At the writing of this memo, the petitioner is reviewing this language. Amended Preliminarv Plat In addition, and as a result of the Griffith's agreeing to sell the property, the preliminary plat has been amended to include the additional single family lot. The plat has been amended to show a 66 foot right of way for Carrie Lane and an outlot for the area in between the Carrie Lane right of way and the right of way for the new parkway. Therefore, stipulation #13 needs to be amended to clarify Medtronic's maintenance responsibilities regarding the landscaping. The stipulation is proposed to read: 13. The petitioner shall be responsible for maintaining the ground cover and landscaping in the median and the boulevards in the parkways as well as maintaining the landscaped areas contained in the outlots along the northern border of the project. daslFSea-�ee�� 10.01 Preliminary Plat Approval for Medtronic Inc. Page 2 May 20, 1999 The Planning Commission at its April 7, 1999, meeting unanimously recommended approval of the preliminary plat request, P.S. #99-01, with 14 stipulations (see enclosed staff report). Recommendation Staff recommends the City Council approve a preliminary plat request, P.S. #99-01, with 15 stipulations including the amendments recommended by staff to #13 and #15. BD\jt Enclosure M-99-129 10.02 City of Fridley Land Use Application PS-99-01 April 7, 1999 GENERAI. INFORMATION SPECIAL INFORMATION Applicant: Jim Driessen Medtronic, Inc. 3850 Victoria Street N. Shoreview, MN 55126 Requested Action: Plat to define Phase I development area for Medtronic World Headquarters, Master Plan Purpose: To identify and permit Phase I, Master Plan for Medtronic's corporate office campus Existing Zoning: S-2 (Redevelopment District) and R-1, Single Family Residential Location: Lake Pointe Drive & Bridgewater Drive Size: 1,935,760 s. f. 44.439 acres Outlot A = 647,367 s.f. Outlot B = 37,084 s.f. Lot 1 = 951,501 s.f. Bridgewater Parkway = 299,808 s.f. Existing Land Use: Vacant. Surrounding Land Use & Zoning: N: Single Family & R-1 E: HWY 65 S: I - 694 W: Multi-Family & R-3 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Sections 205.24 requires Planning Commission and City Council review of the Master Plan /project plan in the S-2 zoning district. Also consistent v�nth Code Section 211. 04, which requires a plat for the subdivision of land. Zoning History: • Land originally used as a farm land. • Drive in theater for 20 years � • HRA installed lights/utilities in 1987 • HRA purchased site in 1992 Legal Description of Property: Fridley Executive Center Outlot A& Outlot B(See attached documents for legal description of Carrie Lane r.o.w.) Public Utilities: Water and sewer are available near the site. Transportation: Parkway to be constructed will provide vehicle access to the site. Physical Characteristics: Area is currently a neighborhood with a development site to the south consisting of streets, utilities, grass, and planted trees maintained by the City. SUMMARY OF PROJECT Medtronic, Inc. is requesting a plat to allow construction of Phase I of the development of Medtronic's World Headquarters. SUMMARY OF ANALYSIS City Staff recommends approval of Plat request PS #99-01 with stipulations (see body of report) CITY COUNCIL ACTION Apri126, 1999 60 DAY DATE May 3, 1999 Staff Report Prepared by: Scott Hickok 10.03 Medtronic Plat Request April 1, 1999 PAGE 1 INTRODUCTION . Jim Driessen, Medtronic, Inc. has requested preliminary plat approval of the Fridley Executive Center 2"� Addition Plat. The Fridley HRA has co-signed this application due to its ownership interests in the property. The purpose of this plat is to allow Phase I of the Medtronic World Headquarters development. This plat involves a total of 44.439 acres and encompasses the entire former Lake Pointe Development site. The general plat boundaries are the Donnay's Lakeview Manor residential development on the north boundary, Highway 65 on the east boundary, Highway 694 on the south boundary, and 7"' Street on the west boundary. ANALYSIS Phase I of this development includes a total of 29.577 acres. Broken into its component parts, 21.843 acres of the area is intended for the Phase I buildings and grounds of the corporate campus, .851 acres have been identified as Outlot B (near West Moore Lake Drive), and 6.883 acres of land are to be utilized for a realigned Bridgewater Drive. The remaining 14.862 acres are identified in the plat as Out Lot A. The entire build-out of the Medtronic Campus is anticipated to accommodate as much as 1.6 million square feet of building area. These buildings will also require parking structures to accommodate the vehicles of employees, customers, and guests. Streets Medtronic has determined that the current roadway configuration will not be appropriate for their development. As a result, Lake Pointe Drive and Bridgewater Parkway, as they currently exist, would be removed. The plat shows a 110 foot right-of-way along the northem edge of the development. As shown, the right-of-way would contain the parkway, bike path, and the existing planted buffer. The plat should be revised to create an outlot to contain the existing vegetation along the north lot line. The Engineering staff has reviewed the proposed parkway and determined that a minimum 66 foot right-of-way should be dedicated for the portion of the parkway west of the west right-of- way line of Quincy Street. On the east portion of the parkway near the intersection, the right-of-way should be widened to a minimum of 90 feet. 10.04 Medtronic Piat Request April 1, 1999 PAGE 2 Lake Pointe Drive is a municipal state aid street. The proposed parkway should be reconstructed as a municipal state aid street and should extend from i" Street to Highway 65. Utilities � The utilities plan shows utilities outside of the public right-of-ways are private. In this case, all utilities outside of Bridgewater Parkway and 7"' Street are to be private, and the maintenance of those utilities is a Medtronic responsibility. The HRA has an irrigation system that is currently in place throughout the entire development. That irrigation system has enabled the City to maintain a park-like site appearance. With the grading, road changes, and new building footprints, the irrigation system will be disassembled. In order to assure that the undeveloped portion of the site maintains its appearance, Medtronic must make the necessary repairs to continued viability of the irrigation system in the undeveloped areas. Storm Water Calculations, pond configurations, etc., have been analyzed by the City Engineering staff. Engineering has asked that storm water pond agreements be submitted and approved by the City to assure proper storm pond maintenance and to clarify responsibilities. The east half of the development is in the Rice Creek Watershed District. The engineering staff has asked for copies of all documents� calculations, etc. to assure the City file is complete and that they have a clear understanding of the requirements. Bikeway/Walkway Bikeways and walkways play an important rote in connecting neighborhoods, allowing altemative modes of transportation to and from the workplace and providing an opportunity for empfoyees to exercise during their breaks. Medtronic has done a nice job of integrating bikeways and walkways into their plan. It is important that the existing opportunity for pedestrians to get from 7�' Street to Highway 65 continues to remain. A bikeway/walkway along the north side of the Parkway will provide that opportunity. Park Dedication Code requires that when land is subdivided, a park dedication fee is paid based on a rate of .023 per square foot of land. The park dedication fee for this development is $44,522.48. Park dedication fees are due at the time of building permit issuance. The Park and Recreation Advisory Commission will be reviewing the plan at its April 5, 1999, meeting. '10.05 Medtronic Plat Request April 1, 1999 PAGE 3 Site Maintenance Boulevards in commercial business locations, industrial developments and residential settings are the maintenance responsibility of the abutting land owner. The configuration of this development and the newly defined right-of: way areas make it necessary to emphasize that maintenance of certain areas in this development will be Medtronic's responsibility. Emergency Access The realignment of roadways will make it necessary to have an easement agreement allowing emergency access easements across certain areas of the Medtronic campus for Fire Department Personnel. STAFF RECOMMENDATION Staff recommends approval of plat request PS #99-01, with the following stipulations: 1. The petitioner shall provide a minimum right-of-way width of 90 feet for Bridgewater Drive, east of the west right-of-way of Quincy Street, and dedicate as right-of-way the land south of Lots 12, 16, Block 11 and Lot 9, Block 5, Donnays Lakeview Manor Addition. 2. The petitioner shall provide a minimum Bridgewater Parkway right-of- way width of 66 feet, while also providing an outlot for the planted area, north of Bridgewater Parkway, west of the west right-of-way line of Quincy Street. 3. The petitioner shall close the Lake Pointe Drive connection to 7"' Street or provide "Road Closed" and/or "Dead-end" signage. 4. The petitioner shall recognize that all utilities outside the Bridgewater Drive or 7�' Street rights-of-way become a private system to be owned and maintained by Medtronic. 5. The petitioner shall repair and maintain irrigation system for the entire site. 6. The petitioner shall copy the City on all storm water submittals to the Rice Creek Watershed District including, but not limited to, plans calculations and narratives. 7. The petitioner shall provide Storm Pond Maintenance Agreement for all ponds within the site. 10.06� Medtronic Plat Request April 1, 1999 PAGE 4 8. The petitioner shall pay park dedication fees in the amount of $44,522.48, prior to issuance of Phase I building permits. 9. The petitioner shall construct Bridgewater Drive from 7"' Street to Highway 65 as part of Phase I construction according to plans submitted as part of this application and shall comply with the Municipal State Aid construction standards. 10.The petitioner shall install an 8 foot bikeway/walkway from 7"' Street to Highway 65 along the north side of Bridgewater Drive. Connections to the neighbofiood to the north shall be made to Quincy Street and from Jackson Street. 11.The petitioner shall recognize and be responsible for providing a separate easement agreement where bikeway/walkways are not located within the public right-of-way. 12.A pavement stripe or other readily visible means of identification shall be provided on the surface of Bridgewater Parkway to allow a pedestrian crossing. 13.The petitioner shall be responsible for maintaining the ground cover and landscaping in the median and the boulevards in the parkway as well as maintaining the landscaped area around Quincy and Jackson Streets. 14.The petitioner shall record an easement /agreement permitting emergency vehicle access on the site including access to fire hydrants. Planning Coordinator Action The Planning Commission unanimously recommended approval of the preliminary plat with the 14 stipulations recommended by staff. City Council Recommendation Staff recommends the City Council approve the preliminary plat with the 14 stipulations listed above, plus an additional stipulation regarding the letters of credit for the public improvements (see cover memo). 10.07 ------ � i :- -_ - -: '� . -- � , --- -- �;M � --. ~t`ot ��': ir ----..; �., \ � i --ys ' y I I_ ;: I I � : �< j.:{.. I I I I I' 4' : vl I �^`�,. '~ _:cS.,,,i v'~ •:r� .::-��8 � I 'I• I : Y 1 1 I�� I � — T!.'� � e �� ', •,'\ti:' � ' � a:. . . � .. � �� . � ... ' .. . �' � • ' �� 1 � � • � � �. • . � fr f - — Z ...-.: :t ....... ................................................ O � l[ O f ,..' .: _.... . .................. ......... ... ... ' . . . ... . . . . ..- .. .............. ...... - ........_..........,_ " ,.: ', s'' • � 1' ...................."'..."""""""'........-.........'_"'-::""'.:"'............::.....':•..':."''"':.... , .....:...:..s...._.......�...._.."- �'. . ................................................................t!!l..A'h'!Y.........._.' ,?�^'�I".. �"'"".......... . \ ' - .... .'�i�+-- � c::::�::::::::` :::::...................................................... ....: •.�-•-� .......... . .r'—:::. /� ..��. '-.--°' ............................: i . � .... �'....� r ' .. .......' .................. ..I'........_..... . .� . . . ... . . � �.,-1,.....� -..,. -__e _ _ .� �i � � 'r L�0 r e - ' 71: r:._� - ...._ y , . .. � � U � . _ " :I •-.._ ._ .. ,_ . ., . _ � 0 i ;. _ _ . .. -�- �.. ... ; � ' A '-_'. _ 1 .. .:.: .......:.. ,, O � t L � r � - _ � p i .... ^� .....��_ �-- - � . . . � .. . � . k ' � w.. '��. ................. .................. - .. . ., . ........_'_... �. , _ _ . .................-' � _ _ """....... . G irorEaSra rE HrCr� �.: - � �� .. ' �" ^ ..� _ _ _ - .`: • � ^'c''„-„'° WA r '�Q 694 If -------------� /NtEl7$TArE. iyqY � - - � . L._� '_____—_� --___ H/CH � . , .. L__� N� 694 10.08 � r a ;;;` .._ i : i � � �1 1 � I y � � ii „ , � F � ' 3 � i � � � i � N MEMOI�.ANDUM DEVELOPMENT DIRECTOR DATE: May 21, 1999 TO: William W. Burns, City Manager �� FROM: Barbara Dacy, Community Development Director SUBJECT• Redevelopment Agreement with Medtronic Inc. I am pleased to present the Redevelopment Agreement with Medtronic Inc., for construction of its corporate headquarters campus on the Lake Pointe site. To follow is a summary of the major issues contained in the agreement. The HRA approved its Redevelopment Agreement on May 20, 1999, contingent on City Council approval of its agreement. Article 1 — Definitions Key definitions which were discussed at length with Medtronic include the definition of "Structured Parking° and "Public Improvements°. The definition of structured parking has been defined to mean ramps or decks of two or more parking levels, either below, on, or above grade. The definition states that the parking structure constructed as part of the "initial minimum improvements" (Phase 1) should not have more than three parking levels above grade. The proposed Phase 1 plan is in conformance with this definition. (there are two below grade, one on grade, and three above grade). Subsequent structured parking, however, °may all be on or above grade". The master plan would guide future phases of development on the site, and if the structured parking is higher than the Phase 1 ramp an amendment to the master plan must be processed. Public improvements are defined in Schedule D, and include the water and sanitary sewer services already available on the site, potential Trunk Highway 65 improvements, the Rice Creek Access improvements, the right turn at University Avenue and 57�' Avenue intersection, and the new upgraded sanitary sewer line in 57�' Avenue. Articles 2 and 6 deal with each of these improvements. The definitions in the city's agreement are the same as the Authority's agreement. 2. Article 2— Representations, Warranties, and Agreements Section 2.1(b) states that the public improvements sufficient to serve the development are or will be available to the redevelopment property. Schedule D defines the public improvements. Water and sanitary services are already available on the site. 11.01 Redevelopment Contract with Medtronic Page 2 May 21, 1999 The issues regarding Highway 65 are addressed in Section 6.10 and the issues regarding the Rice Creek Access for the existing campus are addressed in Section 6.11 (see below). The right turn at University Avenue and 57th Avenue and the upgraded sanitary sewer line are public improvements which will be the city's responsibility. Both the Authority's and the City agreement states that each will cooperate to make these improvements available. The city may use tax increment from the project, or use its own funds. Section 2.1(i) states that the city acknowledges that the parking structures and the office building may have a fair market value below actual construction costs. This language does not hamper the ciry's typical valuation process. The parking ramps are expensive to construct, and are intended to increase density. The majority of the valuation will obviously be in the buildings. Section 2.1(j) acknowledges that Medtronic is demolishing the finro existing streets in the site. The City agrees to accept conveyance of the parkway as a public street provided that it meets city standards for public streets and it is properly dedicated in a plat. It also commits the city to maintaining the new parkway, as well as reconstructed Carrie Lane, subject to the stipulations of the vacation and the plat approvals. Section 2.2 describes the representations of Medtronic Inc. This section states that Medtronic has the financial resources to successfully complete Phase 1 improvements and any additional improvements identified in the agreement. This section also requires Medtronic to require its contractors to pay wages in accordance with the prevailing wage rate. Section 2.2(h) requires Medtronic to execute the proper Storm Sewer Pond Agreements. Section 2.2(I) and (m) requires Medtronic to pay the customary city fees associated with utility connections, building permits, and park fees, and requires Medtronic to construct structured parking as required in the HRA agreement. 3. Article 3— Master Plan Approval Section 3.1(a) outlines the review process regarding any amendments to the master plan. The city is agreeing to properly review any "complete application" for a proposed amendment to the master plan. The agreement states that the city shall approve or reject an amendment to the master plan within 60 days after the date of receipt of a complete application. Further, the city's rejection of an amendment to the master plan shall not be arbitrary or capricious. Medtronic was adamant that the city make a final determination on any master plan amendment application within 60 days. This language would not permit the city to an automatic 60-day extension as now permitted under State law. 4. Articles 4 and 5 are standard articles regarding termination of the agreement and the events of default. 11.02 Redevelopment Contract with Medtronic Page 3 May 21, 1999 5. Article 6— Additional Provisions Section 6.9 states that the mitigation plan does not require construction of the lane expansion on Highway 65; however, the city will use its best efforts to obtain funding for the improvements, and further, the city will use funds from the Authority or other sources to meet the federal match requirements, if federal funds are obtained. The recent tax increment extension legislation permits the Authority to use increment from the project to pay for Trunk Highway 65 improvements. Failure to complete the Trunk Highway 65 improvements, however, will not prevent Medtronic from completing its Master Plan. Section 6.10 states that the city will use its best efforts to assist Medtronic in securing the appropriate approvals to implement a right in and right out access on Tn.ink Highway 65 for its existing campus. A number of issues have to be researched, and property owners in the area will be notified about the variety of options regarding this issue. Section 6.12 was recently added to the agreement regarding construction work hours. Medtronic is requesting to warm up vehicles beginning at 6:30 a.m., Monday through Friday. The cuRent city code states that the construction work hours are between 7:00 a.m. and 9:00 p.m., Monday through Friday, and 9:00 a.m. and 9:00 p.m., Saturdays and legal holidays. The proposed section states that construction vehicles may be started at 6:30 a.m.; however, the vehicles must be located at least 500 feet south of the residential area to the north. Recommendation Staff recommends that the City Council approve the agreement as presented. BD\jt Enclosure M-99-132 11.03 EXECUTION: May , 1999 REDEVELOPMENT AGREEMENT By and Between THE CITY OF FRIDLEY, MINNESOTA This Instrument Drafted By: KRASS MONROE, P.A. (JRC) 1100 Southpoint Office Center 1650 West 82°d Street Bloomington, MN 55431-1447 (612) 885-5999 And MEDTRONIC, NC. 11.04 CONTRACT FOR PRIVATE REDEVELOPMENT TABLE OF CONTENTS ARTICLE I DEFINITIONS Pa�e Section1.1 Definitions .....................................................................................................2 ARTICLE II REPRESENTATIONS, WARRANTIES AND AGREEMENTS Section 2.1 Representations, Wananties and Agreements by the City ................................. 6 Section 2.2 Rspresentations, Warranties and Agreements by the Redeveloper ....................7 ARTICLE III NIASTER PLAN APPROVAL, GOVERNMENTAL APPROVALS, CONSTRUCTION OF MINIMUM IMPROVEMENTS. CONSTRUCTION OF PUBLIC IMPROVEMENTS Section 3.1 Gov�rnmental Approvals ...................................................... ............................1 Section 3.2 Construction of Minimum Improvements ........................................................10 ARTICLE IV TERNIINATION OF AGREEMENT Section 4.1 Termination - General ...................................................................................... l l 11.05 ARTICLE V EVENTS OF DEFAULT Section 5.1 Events of Default Defined ................................................................................12 Section 5.2 Remedies on Default ........................................................................................12 Section 6.1 Section 6.2 Section 6.3 Section 6.4 Section 6.5 Section 6.6 Section 6.7 Section 6.8 Se ;tion 6.9 Section 6.10 Section 6.11 Section 6.12 ARTICLE VI ADDITIONAL PROVISIONS Conflict of Interest; Authority Representatives Not Individually Liable.........13 Equal Employment Opportunity .......................................................................13 Titles of Articles and Sections ..........................................................................13 Notices and Demands .......................................................................................13 Counterparts.....................................................................................................14 Time is of the Essence ......................................................................................14 Expiration.........................................................................................................14 No Third Party Beneficiaries ............................................................................14 Trunk Highway 65 Improvements ................................... .................................14 RiceCreek Access ............................................................................................14 No Liability for City Representatives .........................: .....................................14 Construction Work Hours .............:...................................................................15 ARTICLE VII EXPANSION OF ROADWAY Section 7.1 Acquisition of Expansion Parcels ............................................. ........................16 Section 7.2 As is Acquisition .................................................................••--.........................16 Section7.3 City Actions ......................................................................................................16 Schedule A Schedule B Schedule C Schedule D Schedule E Schedule F SCHEDULES Legal Description of Redevelopment Property ................................................20 MasterPlan .......................................................................................................21 MedtronicCampus ...........................................................................................22 PublicImprovements ........................................................................................23 Storm Sewer Pond Agreement .........................................................................24 Parking Requirements ......................................................................................27 11.06 REDEVELOPIVIENT AGREEMENT THIS AGREE�IENT, made on or as of the day of , 1999, by and between Medtronic, Inc. ("Redeveloper"), a corporation organized under the laws of the State of Minnesota, and the City of Fridtey, Minnesota ("City"), a body politic and corporate organized under the laws of the State of Minnesota. WITNESSETH: WHEREAS, the Housing and Redevelopment Authority in and for the City of Fridley, Minnesota (the "Authority") has determined there is a need for development and redevelopment within the corporate limits of the City to provide employment opportunities, to improve the tax base and to improve the general economy of the City and the State of Minnesota; and WHEREAS, in furtherance of these objectives, the Authority has entered into that certain Contract For Private Redevelopment (the "HRA Contract") with the Redeveloper dated as of the _ day of , 1999, setting forth certain rights, duties and obligations of the Authority and the Redeveloper; and WHEREAS, in furtherance of the objectives set forth in the "HRA Contract" the City and the Redeveloper desire to enter into this Aa eement setting forth the rights, duties and obligations of the Redeveloper and the City; WHEREAS, as an integral part of its decision to undertake the proposed redevelopment on the Redevelopment Property, the Redeveloper is relying on the representations and obligations created under the HRA Contract executed contemporaneously with this Agreement; and NOW, THEREFORE, in consideration of the premises and the mutual obligations of the Parties hereto, the receipt and sufficiency of which is hereby acknowledged, each of them does hereby covenant and agree with the other as follows: i 11.07 ARTICLE I Definitions Section 1.1. Definitions. In this Agreement, unless a different meaning clearly appeazs from the context, and capitalized terms not defined in the A�eement are defined in the HRA Contract: "Agreement" means this A�reement, as the same may be from time to time modified, amended, or supplemented. "Authority" means the Housing and Redevelopment Authority in and for the City of Fridley, Minnesota, or its successors or assigns. "City" means the City of Fridley, Minnesota, or its successors or assigns. "Construction Plans" means the plans, specifications, drawings and related documents on the construction work to be performed by the Redeveloper on the Redevelopment Property which (a) shall be as detailed as the plans, specifications, drawings and related documents which are submitted to the building official of the City, and (b) shall include at least the following for each building: (1) site plan; (2) building plan for the shell signed by a construction engineer and an architect; (3) grading and utility plan; (4) elevations (all sides); (5) facade and landscape plan; (6) roof plan; and (7) such other plans or supplements to the foregoin� plans as the City may reasonably request. "County" means the County of Anoka, Minnesota. "Date of Closing" means the date or dates set forth in Section "Expansion Parcels" means those parcels described on Schedule E of this Agreement. "HRA Contract" means that certain Contract for Private Redevelopment between the Housing and Redevelopment Authority in and for the City of Fridley, Minnesota and Medtronic, Inc. dated as of the day of , 1999. "Initial Minimum Improvements" means the initial building of not less than 150,000 gross square feet which is constructed by the Redeveloper and which (i) shall conform to the Minimum Building Quality Standards, (ii) provide Structured Parking to the extent required by the HR.A Contract. "Initial Redevelopment Property" means the parcel of the Redevelopment Property acquired for the Initial Minimum Improvements. 2 11.08 "Master Plan" means the plans prepared by the Redeveloper to be submitted to the Authority, the City's Planning Commission and the City for approval, showing the proposed general nature, density and location of the Minimum Improvements on the Redevelopment Property, which Master Plan has been approved by the Authority and the City and is attached hereto as Schedule B, as amended and approved by those bodies from time to time. "Medtronic Campus" means the area to be platted by the Redeveloper as shown on Schedule C attached to this Agreement which has been platted as the Fridley Executive Center. "Minimum Building Quality Standards" means a standard of building quality and finish reasonably comparable to those utilized in the construction of Medtronic's existing facilities at Rice Creek, Shoreview and the Neuro in Columbia Heights. "Minimum Improvements" means the improvements to be constructed by the Redeveloper on the Redevelopment Property. The Minimum Improvements include the "Initial Minimum Improvements" and "Optional Minimum Improvements." "Minnesota Environmental Policy Act" means the statutes located at Minnesota Statutes, Sections 116D.01 et sea., as amended. "Minnesota Environmental Rights Act" means the statutes located at Minnesota Statutes, Sections 116B.01 et se ., as amended. "MnDot" means the Minnesota Department of Transporta±ion. MnDot Letter: means the letter from MnDot dated January 13, 1999 directed to the City of Fridley attached as Schedule F to this Agreement. . "Office and Related Uses" means those uses Medtronic currently has in place at its Rice Creek Campus, together with other uses necessary to the operation of the Redeveloper's business or typical office business uses, and includes the following: a. Light manufacturing or assembly of any products the Redeveloper sells from time to time, including clean room manufacturing; b. Research and development activities; c. Warehousing activities d. Conference and training facilities; e. Office activities and reasonably related uses; 3 11.09 f. Uses reasonably incident to a primary or secondary headquarters facility for a United States manufacturing company, including day care, food service and other sundry retail uses. g. Ancillary commercial uses as allowed by the Master Plan, the HRA Contract and this Agreement. "Optional Minimum Improvements" shall mean all Minimurri Improvements built by the Redeveloper after the Initial Minimum Improvements which shall (i) conform to the Minimum Buildin� Quality Standards as defined in the HR.A Contract; (ii) be designed for Office and Related Uses or Commercial Uses such as hotel facilities, convention facilities, daycare facilities, financial institutions and sit-down restaurants or cafeterias; and (iii) provide Structured Pazking to the extent required by this Agreement. "Optional Redevelopment Property" means the Redevelopment Property remaining after the acquisition by the Redeveloper of the Initial Redevelopment Property. "Parcel" means a part of the Redevelopment Property, including the Initial Redevelopment Property and the separate Parcels of the Optional Redevelopment Property, as acquired by the Redeveloper from time to time. A Parcel shall consist of the Useable Square Feet and any appropriate part of the roads or storm water outlet ponds, as agreed by the Parties. "Parking Requirements" means the parking spaces currently required by City ordinances (as reduced by any applicable shared parking approvals or variances) as set forth in Schedule . "Party" means a party to the Agreement. "Parties" means all parties to the Agreement, collectively. "Plat" means a recordable plat in conformance with Minnesota Statutes, Ch. 505 of the Redevelopment Property, currently designated as the Fridley Executive Center Plat. "Preliminary Plans" means the schematic design plans for each part of the Minimum Improvements and shall include, at a minimum, a site plan, a typical floor plan and representative elevations depicting the proposed Minimum Improvements. "Proj ect" means the Redevelopment Property and the Minimum Improvements. "Public Improvements" means the public improvements to be constructed or caused to be constructed by the City, the Authority or others on or adjacent to the Redevelopment Property as shown on Schedule D attached to this Agreement. "Redeveloper" means Medtronic, Inc., a corporation organized under the laws of the State of Minnesota, its permitted successors or assigns. 4 11.10 "Redevelopment Property" means the real property upon which the Minimum Improvements are to be constructed, which real property is described on Schedule A of this A;reement. The Redevelopment Property is approximately 41.63 acres, inclusive of roads and outlots for storm water ponding, and is being platted as the Medtronic Campus. The Redevelopment Property includes the "Initial Redevelopment Property" and the "Optional Redevelopment Property." The Initial Minimum Improvements shall be constructed on the Initial Redevelopment Property and the Optional Minimum Improvements, if any, shall be constructed on the Optional Redevelopment Property. In the event the Expansion Parcels, as defined in the HRA Contract, are acquired, then the term Redevelopment Property shall also include the Expansion Parcels. "Storm Sewer Pond Agreement" means that agreement substantially in the form of Schedule E of this Agreement to be executed by the Redeveloper and the City. "Street Lighting" means the street lights to be installed by the Redeveloper on the public right of ways on the Redevelopment Property. "Structured Parking" or "Parking Structures" means ramps or decks of two or more parking levels. Grade level parking spaces within, beneath or on top of Parking Structures shall be considered a parking level and part of the Structured Parking. The Parking Structure constructed as part of the Initial Minimum improvements shall not have more than three (3) parking levels above grade. Subsequent Structured Parking may all be on or above grade. "Termination Date" means the termination date of this Agreement which shall be the earlier of (i) the date of termination of the Tax Increment District, as same may be extended from time to time or (ii) the date on which this Agreement is terminated in accordance with its own provisions. "Unavoidable Delays" means delays which are the direct result of strikes or shortages of material; delays which are the direct result of casualties to the Minimum Improvements, the Redevelopment Property or the equipment used to construct the Minimum Improvements; delays which are the direct result of governmental actions; delays which are the direct result of judicial action commenced by third parties; delays which are the direct result of citizen opposition or action affecting this Agreement, acts of God or any event beyond the control of the party adversely affected thereby. Where there is any date for performance or any other obligation herein, it shall always be subject to extension for Unavoidable Delays equivalent to the delay occasioned thereby. 5 11.11 ARTICLE II Renresentations Warranties and A�reements Section 2.1 Representations. Warranties and A�reements bv the Citv The City represents, wanants and agrees that: (a) The City is a public body duly organized and existing under the la�vs of the State of Minnesota. The City has the power to enter into this Agreement and carry out its obligations hereunder. (b) Public improvements sufficient to serve the Minimum Improvements aze or will be available at the perimeter of or on the Redevelopment Property in a timely fashion consistent with the development of each Parcel of the Redevelopment Property. The Public Improvements will be in good and usable condition and have been or will be constructed by the Authority or City consistent with sound engineering practices. (c) The City shall cooperate in the process to allow any proposed redesi�, removal or relocation of any existing road improvements, storm water improvements and utilities consistent with the Master Plan. To allow the construction of the Minimum Improvements, the City shall give full and expeditious consideration to the Master Plan, land use or other permits or entitlements, in an expeditious fashion, consistent wi�h all applicable laws and regulations. (d) The City a�rees that it will cooperate with the Redeveloper with respect to any litigation commenced by third parties in connection with this Agreement. (e) The City will cooperate with the Authority to accomplish compliance with all applicable local, state and federal environmental laws and regulations, including the completion by the Authority of the AUAR under the Minnesota Environmental Policy Act. As of the date of execution of this Agreement, the City is aware of no facts the existence of which would cause it to be in violation of any local, state or federal environmental law, regulation or review procedure or which would give any person a valid claim under the Minnesota Environmental Rights Act. ( fl The City shall fairly and equitably allocate any shazed storm water facility maintenance costs in connection with the Minimum Improvements under the Storm Sewer Pond Agreement in accordance with Section 2.2(h) of this Agreement. (g) The City agrees that it will cooperate with the Authority and construct or assist the Authority in the construction of the Public Improvements. (h) The City acknowledges that the Redeveloper may submit for approval construction plans in accordance with the terms of this Agreement and in accordance with the Master Plan which provide for building heights up to 10 stories and which provide for an overall 6 11.12 height required to permit a 15 foot clear height on the entry level and any other level with conference, dining or other similar facilities (finished to the bottom of a completed ceiling) and a 10 foot clear height for all other levels (finished to the bottom of a completed ceiling) and agrees that no such construction plans shall be disapproved because of such proposed building heights. Moreover the City agrees that the Redeveloper shall be able to place mechanical equipment (HVAC for example) and elevator housin�s on the roof of the buildings in accordance with the City's building code and appropriately screened so as to be architecturally compatible with the Minimum Building Quality Standards. (i) The City acknowled�es that the Parking Structures and Office and Related Uses constructed on the Redevelopment Property may have a fair market value below actual construction costs. (j) The City acknowledges that it is the Redeveloper's intent to demolish the two unplatted existing roadways which are currently referred to as Bridgewater Drive and Lake Pointe Drive, and also acknowledges the Redeveloper's intent to demolish Carrie Lane. The City acknowledges that the Redeveloper has filed the requisite street vacation and plat applications pertaining to said streets. The City acknowledges that it is the Redeveloper's intent to reconstruct Bridgewater Drive and Carrie Lane as public streets and to file a plat which dedicates the appropriate right of way for said streets. The City agrees that it will accept conveyance of any street which is constructed by the Redeveloper as a public street, provided that the street meets City standards for public streets and that the street is properly dedicated in a plat. Further, the City agrees to maintain the reconstructed streets consistent with the City's typical policies and subject to the stipulations of the street vacation and plat approvals. Section 2.2. Renresentations, Warranties and A�reements bv the Redeveloper. The Redeveloper represents, warrants and agrees that: (a) The Redeveloper is a corporation organized under the laws of the State of Minnesota; is authorized to transact business and is in good standing in the State; has duly authorized the execution of this Agreement and the performance of its obligations hereunder; and neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented or limited by, conflicts with, results in a breach of, or constitutes a default under, the terms of any indebtedness, agreement or instrument of whatever nature to which the Redeveloper is now a party or by which it is bound. (b) The Redeveloper has or will have all necessary corporate authority and approvals to purchase the Redevelopment Property from the Authority pursuant to the HR.A Contract and, in the event the Redevelopment Property is conveyed to the Redeveloper under the HRA Contract, then the Redeveloper will construct the Minimum Improvements in accordance with the terms of this Agreement, the Master Plan, and all applicable local, state and federal laws and regulations (including, but not limited to, environmental, zoning, building code and public health laws and regulations). � 11.13 (c) The Redeveloper �vill comply with, or will cooperate with the City to implement the Master Plan and to comply with, all applicable local, state and federal environmental laws and regulations. (d) The Redeveloper aQrees that it will cooperate with the Authority and/or the City with respect to any litigation commenced by third parties in connection with this Agreement. (e) The Redeveloper has and will have financial resources, or will obtain financing, sufficient to enable the Redeveloper to successfully complete the Initial Nlinimum Improvements and any Optional Vlinimum Improvements, as applicable, as contemplated in this Agreement. (� For the construction of the Minimum Improvements, the Redeveloper will require its contractors retained to construct the Minimum Improvements to pay wages in accordance with the "prevailing wage rate" as that term is defined in Ordinance No. 1095 of the City's Code. (g) The Redeveloper shall not allow any use or occupancy of the Project by a"sexually orientated business" as defined in Ordinance No. 965 of the City's Code. (h) The Redeveloper shall provide storm water ponding in accordance with (i) the storm water drainage plans described in subsection 2.1(k) of the HRA Contract, to accommodate the Minimum Improvements, (ii) the Master Plan, and; (iii) the HRA Contract. If the Redeveloper wishes to utilize storm water ponds not included in the Parcel(s) of the Redevelopment Property conveyed to the Redeveloper, but existing or designed for use on the Parcel(s) of the Redevelopment Property retained by the Authority, then the Redeveloper agrees that it will execute the Storm Sewer Pond Agreement with the City. Upon execution of the Storm Sewer Pond Agreement, the Redeveloper shall be permitted to utilize the Parcel(s) of the Redevelopment Property retained by the Authority for storm water, and in that regard may reshape, enlarge, or deepen the existing storm ponds or basins at any time to enhance their efficiency for water quality and �vater quantity managernent, based on standard engineering and construction methods. If the Redeveloper does not acquire and develop all of the Redevelopment Property, then ownership of the storm water pond(s) may be allocated by the Authority to the owner of the developed lot or lots in closest proximity to the particular storm water pond(s). The respective owner of such storm water pond(s) shall perform all required maintenance and shall execute the Storm Sewer Pond Agreement with the City. In such circumstances where shared storm water benefits are created among the respective owners, warranting the apportionment of maintenance costs, then such costs shall be apportioned on the basis of the relationship of gross square feet of each owner's buildings to the total gross square feet of buildings located on lots which drain storm water to the particular storm water pond(s). (i) The Redeveloper may locate the Initial Minimum Improvements anywhere in the Medtronic Campus in accordance with the Master Plan and this Agreement. However, for the Parcel(s) of the Redevelopment Property retained by the Authority, the Redeveloper must allow for the construction of 750,000 square feet of Minimum Improvements for Office and Related Uses, less the square feet of the Initial Minimum Improvements, and shall further provide for any necessary easements to facilitate development of the retained Parcel(s) of the Redevelopment Property. 8 11.14 (j) The Redeveloper intends to use the Redevelopment Property primarily for a combination of Office and Related Uses. (k) The Redeveloper, at its sole expense, may remove or relocate, at any time, any existing road improvements, storm water improvements and utilities located on the Redevelopment Property but shall construct the Bridgewater Drive Improvements as provided for in Section 4.6 of the HRA Contract. Any removal or relocation shall comply with the City's engineering standards. Any costs of any kind associated with a removal or relocation, such as engineering, plannin„ surveying, platting and conveyancing, shall be the expense of the Redeveloper. Any streets retained by the Redeveloper shall be maintained by the Redeveloper. Redeveloper shall have the right to name any street platted as a public street in the replat of Medtronic Campus of any street located within the Redevelopment Project. In the event that the Redeveloper does not exercise its Option Rights, the street currently known as Bridgewater Drive shall provide a means for ingress and egress as necessary to access the Parcel(s) of the Redevelopment Property retained by the Authority in accordance with the Master Plan. (1) The Redeveloper shall pay the customary City fees for utility connections, building permits and park dedication but shall not be obligated to pay any special assessments with respect to the construction of the Site Improvements or the Public Improvements. (m) The Redeveloper shall construct the Structured Parking as required by the terms of the HRA Agreement. 9 11.15 ARTICLE III Master Plan Approval, Governmental Approvals Construction of Minimum Improvements. Construction of Public Improvements Section 3.1. Governmental Approvals. (a) �Iaster Plan Amendment. The Parties agree that the Master Plan, as same may be amended from time to time, as agreed to among the Redeveloper, City and the Authority, is a general description of the nature, density and likely location of the Minimum Improvements on the Redevelopment Property. As development occurs, it is likely that the Master Plan will require amendment from time to time. The City agrees to promptly review any complete application for a proposed amendment to the Master Plan. The City shall approve or reject (in whole or in part) any amendment to the Master Plan, in writing, within sixty (60) days after the date of receipt thereof in accordance with Minnesota Statutes, Section 15.99. Any rejection shall set forth in detail the reasons therefor. If the City rejects the amended Master Plan, in whole or in part, the Redeveloper may submit a modified Master Plan amendment at any time after receipt by the Redeveloper of the notice of rejection. The City's rejection of an amendment to the Master plan shall not be arbitrary or capricious. (b) Construction and Miscellaneous Permits. The City agrees that it will expeditiously process all applicable permits and approvals for the construction of the Initial Minimum Improvements and each purtion of the Optional Minimum Improvements, including building permit approvals. Any review required by the City under its general ordinances and regulations shall, to the e�ctent possible, be undertaken contemporaneously with review of the Master Plan changes, if any, and the Preliminary Plans and Construction Plans. The City acknowledges that it has in place a system of approval of incremental construction plans to allow developers expeditious review of such construction plans and that it will make such incremental review process available to the Redeveloper. Section 3.2. Construction of Minimum Improvements. The Redeveloper shall construct the Minimum Improvements on the Redevelopment Property in accordance with the HRA Agreement, the Master Plan as same shall be amended from time to time, the Construction Plans, and this Agreement. lo 11.16 �TICLE IV Termination of A eement Section 4.1. Termination - Termination Date General. T�is obligations hereunder bUhno su hazge of ali of the A�eement sha11 te Ci �S �minate upon its or remedies �' �d Redeveloper's other respective arisin �jnation shall terminate an g hereunder. y indernrufication or other ri ghts 11 11.1i �,RTICLE V Events of Default Defined. Subject to Unavoidabven of Defaulte Section 5.1. Events o f D D ultulunder this Ag�'eement and ontex otherwise provides), following shall be "Events eement (unless th shall mean, whenever it il � n events:A� any one or more of the fol erform e Redeveloper or Authority to substantially observe e� �ed �a� Failure by th eement on its part to be observed or p any covenant, condition, obligation or agr hereunder. Event of Default referred to in enever anY take any one or more of Section 5.2 Remedies on Default. � pa may eement occurs, the non-defaulting rtY Section 5.1. of this Agr 60 days' vvritten notice to the defaulting Party of following actions after providing sixty (� t or if the Event of Event of Default has not been cu�ed Within said six the lf the eeme , the Event of Default, but only be rovided in this A�T ecified period, and the days or such longer Penod of time as may P da or other sp deemed with wntten assurances, Default is by its nature incurabl thelnon-de aulting PanY that the Event of Default defaulting PartY fails to provide o in the reasonable discretion of the non-defaulting a� satisfact ry ossible: will be cured as soon as reasonably p a Suspend its performance under this A�eement. �) �b� Terminate this A�'eement. uitable or administrative action, which including legal, eq ents due under (c) Take whatever action, an actions to collect any paYm a eement, or or desirable, including Y obli ation, ��icular may appear necessary erfor�ance and observance of any g this Agreement, or to enforce p eement. The Redeveloper shallP p is unique covenant of the defaulting PartY under this Agi' . erformance, it being agreed the Redevelopment Pro ertY have the nght to spec�fic p for its pu�oses. 12 11.'1$ ARTICLE VI Additional Provisions Section 6.1. Conflict of Interest• Authoritv Representatives Not Individuallv Liable. No member, official, or employee of the City shall have any personal interest, direct or indirect, in this Agreement, nor shall any such member, official, or employee participate in any decision relating to the Agreement which affects his personal interests or the interests of any corporation, partnership, or association in which he is, directly or indirectly, interested. No member, official, or employee of the City shall be personally liable to the Redeveloper, or any successor in interest, in the event of any default or breach by the City, for any amount which may become due to the Redeveloper or successor or on any obligations under the terms of this Agreement, except in the case of willful misconduct. Section 6.2. Ec�ual Emplovment Opportunitv. The Redeveloper, for itself and its successors and assijns, agrees that during the construction of the Minimum Improvements provided for in this Agreement, it will comply with all applicable equal employment opportunity and non-discrimination laws, ordinances and regulations. Section 6.3. Titles of Articles and Sections. Any titles of the several parts, articles, and sections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 6.4. Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand, or other communication under this A�eement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, transmitted by facsimile, delivered by a recognized overnight courier or delivered personally; and (a) in the case of the Redeveloper, is addressed to or delivered personally to the Redeveloper at: . Medtronic, Inc. 7000 Central Avenue Northeast Minneapolis, MN 55432 Attention: Corporate Counsel with a copy to the same address, Attention: Director of Corporate Real Estate (b) in the case of the City, is addressed to or delivered personally to the City at: City of Fridley 6431 University Avenue Northeast Fridley, Minnesota 55432 13 11.19 Attention: City Manager (c) or at such other address with respect to either party as that party may, from time to time, designate in writin� and forward to the other as provided in this Section. Section 6.5. Counterparts. This agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. Section 6.6. Time is of the Essence. Time is of the essence of this Agreement. Section 6.7. Expiration. This Agreement shall eYpire on the Termination Date. Section 6.8. No Third-Party Beneficiaries. There shall be no third-party beneficiaries to this Agreement. More specifically the City enters into this Agreement, and intends that the consummation of the City's obligations contemplated hereby shall be, for the sole and exclusive benefit of the Redeveloper, and notwithstanding the fact that any other "person" may ultimately participate in or have an interest in the Project, or any portion thereof, the City does not intend that any party other than the Redeveloper shall have, as alleged third party beneficiary or otherwise, any rights or interests hereunder as against the City, and no such other party shall have standing to complain of the City's exercise of, or alleged failure to exercise, their rights and obligations, or of the City's performance or alleged lack thereof, under this Agreement. Section 6.9. Trunk HiQhway 65 Improvements. The mitigation plan (the "Mitigation Plan") developed in the Fridley Lake Pointe Center AUAR for the Trunk Highvvay 65 Improvements (the "Improvements") discusses the potential for construction of the Improvements for the proposed construction of the Minimum Improvements on the Redevelopment Property. However, the City shall use its best efforts to construct the Improvements provided that it has first obtained County, re�ional, State or Federal funds for the Improvements, and if the City receives Federal funding which requires a local match, then the City shall use Authority and other funds described below to provide the match requirements. The Redeveloper shall assist the City in securing matchin; funds by cooperating with the City in its request for grants from the State including the programs offered by the Minnesota Department of Trade and Economic Development. The Redeveloper shall not be assessed for any of the construction costs of the Improvements. Failure to timely complete the Improvements shall not act to prevent the Redeveloper from completing the Minimum Improvements. Section 6.10. Rice Creek Access. The City will use its best efforts to secure County, regional or State approvals to implement the access from the Rice Creek Campus to Trunk Highway 65 at such time the Redeveloper agrees to construct direct access to Trunk Highway 65 at this location. Section 6.11. No Liabilitv for Citv Representatives. The City and the governing body members, officers, agents, servants and employees thereof, shall not be liable for any damage or injury to the persons or property of the Redeveloper or its officers, agents, servants or employees or any other person who may be about the Redevelopment Property or Minimum Improvements 14 11.20 due to any act of negligence of any person, other than the negligence or misconduct of City employees or those employed or engaged by the City. All covenants, stipulations, promises, agreements and obligations of the City contained herein shall be deemed the covenants, stipulations, promises, agreements and obligations of the City and not of any governing body member, officer, agent, servant or employee of the City in the individual capacity thereof. Nothing in this Agreement is intended to waive any municipal liability limitations contained in Minnesota Statues, particularly Chapter 466, or any common law limitations. Section 6.12. Construction Work Hours. Chapter 206 of the Fridley City Code regulates construction work hours associated with activity permitted by land alteration permit or buildin� permits. Section 206 restricts construction work between the hours of 7:00 am and 9:00 pm Monday through Friday, and 9:00 am through 9:00 pm on Saturdays and legal holidays. The redeveloper has requested the ability to start equipment at 6:30 am, Monday through Friday for the sole purpose of warming up the equipment. By execution of this agreement, an alternate work hours permit, as defined in Chapter 206, is hereby granted with the condition that the vehicles affected by this section shall be started at least 500 feet from the north lot line abutting the residential area. 15 _.. 11.21 ARTICLE VII Expansion of Roadway Section 7.1. Acquisition of Expansion Parcels. The Redeveloper has advised the City that its entry into this Agreement is contingent on the City's obligation and agreement to acquire the Expansion Parcels. Such acquisition is agreed to be necessary to allow a suitable area for appropriate development, to adequately handle traffic at the site entry and to adequately buffer adjacent remaining residential uses. The Redeveloper shall use its best efforts to acquire the Expansion Parcel by voluntary purchase. In the event that the Redeveloper cannot voluntarily acquire the Expansion Parcel, the City shall acquire the Expansion Parcel through condemnation or other means and then convey them to the Redeveloper. The conditions precedent to the City acquiring the Expansion Parcel are as follows: (a) The Redeveloper shall be in material compliance with all of the terms and provisions of this Agreement. (b) The Redeveloper shall have provided the Authority with written notice to proceed with the acquisition, which must be delivered no later than two (2) months after the date of entry into this Agreement. (c) The Redeveloper shall have deposited with the Authority a sum representing the Authority's reasonably estimated costs of acquiring the Expansion Parcel, which costs shall include acquisition, relocation, relocation consulting, appraisal fees, legal fees, environmental inspection and testing and closing costs, and any similar and reasonable expense. The Authority shall be reimbursed for all out-of-pocket expenses monthly, as incurred, from the deposit. Any deficiencies in the Redeveloper's deposit will be paid monthly, upon billing, and any overage shall be returned. Section 7.2. As Is Acquisition. The Redeveloper agrees to take the Expansion Parcels on an "as is" basis and will be responsible for demolition, site preparation, survey, title, pollution abatement and remediation. The Authority will not warrant marketable title to the Expansion Parcels, but shall provide� title evidence of insurability of marketable title. Section 7.3. Citv Actions. The City, in acquiring the Expansion Parcel, agrees it will be acting to effect the purposes of Minnesota Statutes relating to the acquisition of property for public right of ways and this Agreement. The Authority shall take such action as is necessary or required to allow acquisition of the Expansion Parcel by condemnation and all findings as required by Minnesota Statutes, Section 117.001, et. sea•• 16 11.22 IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and behalf and the Redeveloper has caused this Agreement to be duly executed on or as of the date first above written. 17 11.23 Dated: MEDTROIVIC, INC. : STATE OF ) ) ss. COUNTY OF ) Its On this day of , 199_ before me, a notary public within and for County, personally appeared , to me personally known who by me duly sworn, did say that slhe is the of Medtronic, Inc., a Minnesota corporation, and acknowledged ttie foregoing instrument on behalf of said corporation. Notary Public Redeveloper Signature Page — Redevelopment Agreement G:\WPDATA�FIf'RIDLEY�20�E-MAIL\CIIYREDV 5-20-99.DOC I8 11.24 Dated CITY OF FRIDLEY, MINNESOTA By Its Mayor And by Its Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) On this day of , 199 before me, a notary public within and for Anoka County, personally appeared and , to me personally known who by me duly sworn, did say that they are the Mayor and Clerk of the City �f Fridley, Minnesota, a municipality of the State of Minnesota, and acknowledged the foregoing instrument on behalf of said City of Fridley, Minnesota. Notary Public City Signature Page — Redevelopment Agreement 19 11.25 SCHEDULE A LEGAL DESCRIPTION OF REDEVELOPMENT PROPERTY Outlot A and Outlot B, Fridley Executive Center, Anoka County, Minnesota 20 11.26 SCHEDULE B MASTER PLAN See attached Resolution No. 34-1999 A Resolution Approving a Master Plan/Project Plan in an S-2 Redevelopment District for Medtronic, Inc. 21 11.27 SCHEDULE C NIEDTRONIC CAI�IPUS 22 11.28 SCHEDULE D PUBLIC IMPROVEMENTS Public Improvements to the Redevelopment Property shall include the following: 1. Water, available in Bridgewater Drive by Date of Closing 2. Sanitary Sewer, available in Bridgewater Drive by Date of Closing 3. Trunk Highway 65 Improvements in accordance with Section 6.10 of this Agreement 4. Rice Creek Access Improvements in accordance with Section 6.11 of this Agreement. 5. University Avenue N.E. and 57th Avenue Intersection Improvements 6. An upgraded sanitary sewer line from 57`h Avenue N.E. to accommodate the Optimal Minimum Improvements 23 11.29 SCHEDULE E STORitiI SEWER POND AGREEIVIENT THIS AGREEMENT made and entered into this day of , , by and between a Corporation, hereinafter referred to as "Owner" of the below described property; and the City of Fridley, Minnesota, a political subdivision of the State of Minnesota, hereinafter referred to as "City". (PROPERTY DESCRIPTIOI� WHEREAS, the City has required the Owner to provide on-site detention ponding to accommodate storm water and the rate of flow of area run-off, and WHEREAS, the Owner agrees to construct a detention pond on the above described property and do all relating grading, slope work and restoration. Including installation of pipe as approved by City. NOW THEREFORE IT IS AGREED AS FOLLOWS: 1. The Owner assumes the full and sole responsibility for the condition, operation, repair, maintenance and management, at no cost to the City, for an on-site Detention/Retention Pond Storm Sewer System which meets generally accepted engineering standards for the purpose of receiving, retaining and transporting all storm sewer water which may be collected within the system. 2. The City shall not under any circumstances be responsible for the on-going physical performance of any repairs, changes or alterations whatsoever to the on-site pond and appurtenances and the City shall not be liable for the cost thereof. 3. The Owner agrees, at no cost to the City, to regularly: (1) maintain and cut all grass, (2) maintain and trim all other shrubs and vegetation, (3) remove all liter and debris, (4) repair or replace any grass or other vegetation, (5) maintain the outlet structure, (6) maintain any pipe system, and (7) take all other and further steps which would be reasonably necessary for the purpose of maintaining a quality level of landscape care consistent with a first class business park. 4. The Owner agrees to indemnify and hold harmless the City from any action and against any damages which the Owner may sustain as a result of the construction and maintenance of the Pond Storm Sewer System located on the Owner's property. 24 11.30 5• The Owner's obligation to indemni also includes an obli� �' and hold the Ci which ma bation on the part of the p ty h�less in pa.ragraPh 4 above y be brou�ht against the Ci �er to defend the City in an E' and hold harmless the City as set forth abo e,� tO �'hich O Y actions ' wner has a�-eed to indernni , 6 fY In the event that the City believes that the Owner is Pond improvement in a fashion consistent with this a not maintainin written notice to the Owner detailing the deficienc in th � the Detention �reement, then the City shall give maintaining the Pond. If ten (10) days after receip of this m�er in which the in the notice has not been conected b �er is notice the deficiency described notice take ariy steps which it deems reasO bl r' then the Cit deficiency. The p Y may without further wner agrees to then reimburse the C ty within thirt receipt of invoice for all costs incurred, to inclu � ln order to correct the in correcting the deficienc de Administrative overhe d� b� days of then Owner a y jf this invoice is not paid �,ithin thi Y the City grees that the City may assess the cost against the p��30) days of receipt, In the event that it becomes necessa �er's property. deficiency as provided herein, then the Citr the Ci ty to assess the cost for correcting the certify this assessment a� y ls authorized to direct the Count waives an �ainst the Owner's real property described above y`�ssessor to Y right to a public hearing �,hich may be statutorily or co �d the Owner for. nstitutionally provided �• That any notices required under this agreement receipt requested, or by personal service at the fo1 Shall be sent b y certified mail, re�rn 1OH'ing address: i��'VNER'S ADDRESS) FURTHER, IT IS AGREED that the enforceable against the Provisions of this agreement shall be bindin� the propert P�ies hereto, their successors and � upon and y here described. An executed co assl�s �d all subsequent owriers of County Recorder's Office arid made a py °f this agreement shall be filed with the A� Part of and be binding upon the above described propertyk� ��TNESS WHE�OF, the parties hereto have hereunto set their hands this __ day of , __. 25 11.31 STATE OF MINNES�TA OF AN4KA ) ) ss. ) CORP4R�TION : Its: CITY 4F FRIDLEY : Its: COUNTY day of e foregoing instrument was acknoWledged before me this _ Th , the bY _ a Corporation under the Laws of __ beh�of the Corporation. STATE OF MINNESOTA F ANOK�' ) ) ss. COUNTY O - � , —' ed before me �s __--- day °f he foregoing instrument was acknowl f t e City of Fridley, a political subdivision of �he State of T ,o bY of Fridley. iViinnesota, on behalf of the City of . on (Signature of Person Taking Acknowled�ment) (Signature of Person Taking A�k�O"�led�:��ti) 26 11.32 C��5IIi�1j�i �l PARKING REQUIREIVIEYTS (1) For office uses, at least one (1) off-street parking space shall be provided for each 250 square feet of office space use. (2) For retail uses, at least one (1) off-street parking space shall be provided for each 150 square feet of retail space use. (3) For manufacturing and laboratory uses, at least one (1) off-street parking space shall be provided for each 400 square feet of manufacturing/laboratory use. (4) For warehouse and storage uses, at least one (1) off-street parking space shall be provided for each 2,000 square feet of warehouse space. 27 11.33 DATE: May 10, 1999 MEMORANDUM PLANNING DIVISION TO: William W. Bums, City Manager �+j� FROM: Barbara Dacy, Community Development Director Scott J. Hickok, Planning Coordinator Paul Bolin, Planning Assistant RE: Holiday Special Use Permit Clarification INTRODUCTION Staff recommends that the City Council establish a public hearing, related to the recently approved Holiday Stationstore special use permit, for their June 14, 1999, agenda. The purpose of this hearing will be for clarification of issues related to special use permit SP# 99-01, for a motor fuel sales and a car wash establishment. ISSUES On May 10, 1999, the City Council approved a special use permit for the site at the south-east quadrant of Highway 65 and Hackmann Avenue. Subsequent to the approval, an error was discovered in the zoning history on a portion of the property. A 1976 rezoning changed only a portion of the southemmost lot's zoning designation. As a result, one of Holiday's 2 lots has a dual designation zoning. The northem 160'(+/-) is zoned C-2, General Commercial, while the southemmost 125' of the lot was left with a C-1 designation. This finding is significant because the C-2 district allows car wash facilities as a special use permit, the C-1 district does not. As a result, Holiday has agreed to eliminate its car wash for this site. A revised site plan showing the site without the car wash has been attached for your convenience. 12.01 William W. Bums May 20, 1999 PAGE 2 ATTORNEY'S RECOMMENDATION The City Attomey suggests that the City clarify the record by holding a public hearing surrounding special use permit and subsequent elimination of the car wash special use permit approval. STAFF RECOMMENDATION Staff recommends that the City Council establish June 14, 1999 as the date for the public hearing for this issue. 12.02 MEMORANDUM PLANNING DIVISION Date: 5/17/99 To: William Bums, City Manager ,��r�'�'� From:Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Paul Bolin, Planning Assistant RE: Appeals Commission action on VAR #99-05 M-99-127 . :•� �[�1� The City of Fridley has been asked by Tim Jawor to grant a variance reducing the required rear yard setback from 40' to 19.2' in order to construct a 7 unit owner occupied townhome cocnplex at 7411 University Avenue. APPEALS COMMISSION ACTION At the April 28th, 1999 Appeals Commission meeting, a public hearing was held for VAR 99-05. After much discussion over the proposed project and StafPs recommendation, a motion was made by Mr. Vos and seconded by Ms. Mau to recommend approval of the variance with stipulations. The motion passed unanimously. PLANNING STAFF RECOMMENDATION City Staff recommends denial of this variance request as presented. As staff has indicated, it is quite possible and reasonable to develop this site without any variances. With the current proposal, the petitioner would only need to �educe the building to 6 units to meet all the zoning code requirements. The followi�g is a summary of reasons why City Staff recommends denial of both the variance r�ques4 and the plat request: • Staff has found no comparable variances granted. • Request does not meet statutory definitions of hardship. • Possible to develop site without variance. 13.01 City of Fridley Land Use Application VAR-99-05 April 28, 1999 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Timothy Jawor 9175 107`� St. N. Stillwater, MN 55082 Requested Action: Variance to reduce required rear yard setback from 40' to 19.2' to construct a 7 unit townhome complex. Existing Zoning: R-2 Two Family Residential Location: 7411 University Ave. Size: 22,128 square feet .51 acres Existing Land Use: Vacant. Surrounding Land Use & Zoning: N: Apt. Complex & R-2 E: Church & R-1 S: Apt. Complex & R-2 W: HWY 65 & C-2 Comprehensive Plan Conformance: Use of property is consistent with Plan. Zoning Ordinance Conformance: Section 205.08.03.D.(3).(a) requires a rear yard setback of not less than 25% of the lot depth, with not less than 25' permitted and not more than 40' required. Zoning History: • 1963 - Ed Chies obtains building pennit for 8-unit apt., but never builds. • 1964 - City changes zoning to R-2, allowing only duplexes. • 1970 - Ed Chies sues City to obtain his original building permit. Settlement reached allowing R-3 standards to be applied to property. � 1986 - Zoning maps accidentally drawn to show the property as R-3. (presumably to cover the settlement) � 1988 - City attorney memo stated that property should be rezoned to R-3, however, this action has never been processed. • 1994 - Proposal for 7 unit rental condominium project is withdrawn. Legal Description of Property: Lot 11, Block 1, Melody Manor Council Action: May 10, 1999 Public Utilities: Located near property. Transportation: Town homes will be accessed by the University Avenue service road. Physical Characteristics: Relatively flat, grass covered lot. SUMMARY OF REQUEST Tim Jawor is seeking to reduce the required rear yard setback from 40' to 19.2' in order to �---- construct a 7 unit owner occupied townhome complex. SUNIlVIARY OF HARDSHIP -See attached statement from petitioner. SUMMARY OF ANALYSIS City Staff recommends denial of this variance request. • Staff has found no comparable variances granted. • Request does not meet statutory definitions of hardship. • Possible to develop site without variance. Staff Report Prepared by: Paul Bolin 9 13.02 .- .. � _. ANALYSIS Tim Jawor is seeking to reduce the required rear yard setback from 40' to 19.2' in ord�r to construct a 7 unit owner occupied townhome complex. Section 205.08.03.D.(3).(a) requires a rear yard setback of not less than 25% of the lot depth, with not less than 25' permitted and not more than 40' required. The petitioners lot depth is an average of 201.17' deep. The code required setback of 25% would require this building to meet a rear yard setback of 50.29'. The code also states that not more than 40' will be required. Therefore, the petitioners required setback is 40' from the rear property line. The petitioner is also seeking a replat from the planning commission in order to move forward with this project. The replat is necessary because the units will be individually owned. PROPERTY HISTORY Because a property has been involved in a lawsuit, does not mean that any future owners are entitled to any special consideration beyond the settlement of the lawsuit. The following sections address the zoning classification of this property and the lawsuit by a previous property owner. I have also included a brief time line of the zoning history of this property. Zoning C/assification Though this property has been incorrectly displayed on the City's zoning maps since 1986, this property currently is and always has been zoned R-2. In order to correct this error and conform with the settlement of a past law suit, the City is proposing rezoning this property to an R-3 district. � Chies Lawsuit In 1963, multi-family units were a permitted use in the R-2 district when Ed Chies obtained building permits for an eight unit apartment complex. In 1964, the City changed the zoning code so that multi-family units were no longer permitted in the R-2 zoning district. Seven years after obtaining the building permits, Mr. Chies was finally ready to build. His original building permits had long expired and multi-family units were no longer allowed in the R-2 zoning district. Mr. Chies filed a suit against the City to make the original building permits valid. In the settlement that followed, Mr. Chies and the City agreed that he could build up to 8 units provided he met all the zoning requirements for the multi-family district. Historica/ Timeline of Zoning History & Action • 1961 - Melody Manor was platted. • 1963 - Ed Chies obtains building permit for 8-unit apt., but never builds. 13.03 • 1964 - City changes R-2 zoning, allowing only single family homes & duplexes. • 1970 - Ed Chies sues City to obtain his original building permit. Settlement reached allowing R-3 standards to be applied to property. • 1986 - Zoning maps accidentally show the property as R-3. • 1988 - City attorney memo stated that property should be rezoned to R-3, however, this action has never been processed. • 1994 - Proposal for 7 unit rental condominium project, which met all code requirements, is withdrawn. • 1999 - Variance request from Timothy Jawor. VARIANCE HARDSHIP Before the Commission shall grant a variance, it is the responsibility of the applicant to prove that enforcement of the code would cause undue hardshio because of conditions unique to the property, and to grant these request when it is shown that the granting of the variance will be in keeping with the intent of the ordinance. Undue hardship is defined by the law as: 1. The property cannot be put to reasonable use if used under the requirements of the code. 2. The need for the variance is due to the conditions unique to the property and not created by actions of the landowner. 3. The variance, if granted, will not alter the character of the neighborhood. Hardship Statement See attached statement from petitioner. Staff Ana/ysis of Hardship Presented City staff has not been able to identify any hardship, as defined by law, that would allow staff to recommend anything but denial of this request. In addition to the staff analysis of the site, the petitioner has not managed to spell out any law defined hardship in his letter of hardship. In reviewing petitioner's request, staff applied the law defined definition of hardship and developed the following analysis: � The property cannot be put to reasonable use if used under the requirements of the code. • This parcel is of a size large enough to develop under both the R-2 and R-3 zoning districts. The size of the parcel would reasonably accommodate 6-units of the size proposed by the petitioner, without any variances. By removing the 7"' unit, the complex will meet all zoning code setback requirements. • An application was received from another developer in 1994, having 7 units located on the lot while meeting all code requirements. (plans attached to this packet) • In his letter of hardship, the petitioner refers to the lawsuit settlement befinreen Ed Chies and the City. The petitioner believed that the City would allow up to 12 units to be built on this site. This is not true. The settlement specifically limited Ed Chies to building 8 units on the site, provided that he met all zoning requirements for setbacks, 13.04 etc.. This lawsuit was not about the size of the units, or the that could be built. The purpose of this lawsuit was to allo than just a duplex on the prope SPecific number of units rty that had been re-zoned si ce hef pu c asedmore t. � The need for the variance is due to the conditions uni not created by actions of the /andowner. 9ue to the prope • There are no conditions unique to the property, which � � and development from occurring on this parcei. The prope is ievent reasonabie square feet) to be built on as an R-2 or an R-3 lot. � arge enough (22,12g • The lot, like neariy al1 City lots, is a rectangular parcel. The X 201' in size. The fact that the petitioner would prefer an �ot is a parcel for his townhome developrr�ent is not a hardshi even "morepe t ng la� 110' • The "need" for this variance is created by actions of the land desires to develop the 7�' unit, though staff has pointed out the project by building only 6 units. Buildin oni °Wner. The petitioner code required rear yard setback of 40' 9 y 6 units w uhdtg�v �ued etltio ed on hardship. • The petitioners desire to build a 7 unit is no a � The variance, if granted, wi// not a/ter the character of th • The code requires the rear yard setback to provide s ace t e neighborhood. areas and buffers befinreen structures which enhance ne ghborPioo �sed for green granted, wouid reduce this required space from 40' to 19.2'. . Neighboring multi-family units, to the North ds. The variance, if property lines. and South, are set back 72' from the rear • The setbacks also provide access for emergencies and limi crowding in the neighborhood. t the condition of R �.N__DA IONS C�ty Staff recommends denia/ of this variance re uest. 4 Contrary to the petitioners statement in his hardship letter a k of precedents for allowing a variance for rear setbacks in cas�ut there being a number identified a single variance comparable to this request. Staff es similar", staff has not requests and actions for the past 15 years and found none that H, ched all variance request. ere comparable to this The petitioners request does not meet the statutory definiti . granting a variance. Lacking a Iegai�y defined hardship, s ch Sf hardship required for lot shape, staff must recommend deniai. unusual topography or As staff has indicated, it is quite possible and reasonabie to any variances. With the current proposal, the petitioner wou deo��p this site without building for 6 units to meet all the zoning code re uir ly need to reduce �h� q ements. 13.05 T�� T� rant this variance request, staff recommends that the If the Commission were to g ro ert followin9 stipulations be attached. code and be approved by e be extended along the entire Ea{he u�enf bu ding Y 1. Fenc must meet 2, ql1 elements of the building arking islands. the City Building O�cial. a��ng �ot and p ��ne. 3, Concrete curbing p�aced around p es must be setback 20' from the fro mus meet zoning code 4, q11 parking spac berm on West side of prope►�Y 5, Proposed screening to ensure that requirements for height• a�� 7 units, must be provided to the City, 6. Proper elevations, show►n9 s mmetricaL the elevations a ove alllexteriorf ►na erials. 7. City w�� aPP be a proved by Crty Staff, shall be required to ensure g. 7he use of b have similartcharacter to nearby buildings. roved by City that the building ca e plan will mee t c o d e r e q u i r e ments and must be ap g. Finallands P Staff. to be concrete. 10. Proposed walkway 13.06 cirr oF F�n��r 6431 UNIVERSITY AVENUE FRIDLEY� MN 55432 (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT VARIANCE APPLICATION FOR: Residential Commercial/industrial PROPERTY INFORMATION: - site plan required for subnittai, see attached Address: y 1/ n� va►-s r �� Property Identification Number: /f- 3 Legal Description: Lot ,�_ Block _L - -�.� _ Tract/Addition Sians Current Zoning: Square , . Have you operated a business in a city which required a business license? Yes No � If Yes, which city? If Yes, what type business? Was that license ever denied or revoked? Yes No ��..��.._..��..��...,��..��_�..��..��....,.��w� FEE OWNER INFORMATION (as it appears on the property title) (Contract purchasers: Fee owners must sign this form prior to processing) NAME: � w, ,� A�i� � ADDRESS: - �^ . !(.�c� DAYTIME PHONE: Gsl' 6�3 -Yo3,� SIGNATURE/DA : PETITIONER INFORMATION NAME: ADDRESS: - DAYTIME PHONE: SIGNATURE/DATE: Section of City Code: FEES � - Fee: $100.00 for commercial, industrial, or signs: Fee: $60.00 for residey�tial pro�perties: Receipt #: � Received By: Application Number: �� ? �'1- ? ,: Scheduled Appeals Commission Date: A11 r� ��s l�'� �i - Scheduled City Council Date: ` T a—� 10 Day Application Complete Notifcati n Date: �� ►� q 60 Day Date: !�1� � I, iq��► ;� : 13.07 CITY OF FRIDLEY PUBLIC HEARING NOTICE BEFORE THE APPEALS COMMISSION TO: Residents within 350 feet of 7411 University Avenue CASE NUMBER: VAR #98-05 APPLICANT: Owner/Petitioner Timothy Jawor 9175 107�' Street North Stillwater, MN 55082 Petitioner or representative must be at meeting. PURPOSE: To reduce the required rear yard setback from 40 feet to 19.2 feet to allow the construction of a 7-unit townhome structure LOCATION OF PROPERTYAND 7411 University Avenue LEGAL DESCRIPT/ON: Lot 11, Block 1, Melody Manor DATE AND TIME OF Appeals Commission Meeting, Wednesday, April 28, HEAR/NG: 1999, 7:30 p.m. The Appeals Commission meetings are televised live the night of the meeting on Channel 35. PLACE OF Fridley Municipal Center, City Council Chambers HEAR/NG: 6431 University Avenue HOW TO 1. You may attend hearings and testify. PARTICIPATE: 2. You may send a letter before the hearing to Scott Hickok, Planning Coordinator, or Paul Bolin, Planning Assistant, at 6431 University Avenue N.E., Fridley, MN 55432 or fax at 571-1287. SPECIAL Hearing impaired persons planning to attend who need an ACCOMMODATION: interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than April 21, 1999. ANY QUESTIONS: Contact Scott Hickok, Planning Coordinator, at 572-3599, or Paul Bolin, Planning Assistant, at 572-3593. Mailing Date: April 16, 1999 13.08 APPEALS COMMISSION MINUTES, APRIL 28, 1999 PAGE 4 Ms. Beaulieu agreed. She though� it looks nice as well. MOTION by Ms. Mau, seconded by Dr. Vos, to recommend approval of Variance Request, VAR #99-04, by Debra Str nd, to reduce the front yard setback from 35 feet to 29 feet to allow the construction of a enclosed porch on Lots 35 and 36 and the west 10 feet of Lot 37, Block H, Riverview eights, generally located at 590 Hugo Street, with the following stipulation: 1. The property owner shall obtain UPON A VOICE VOTE, ALL VOTING Al THE MOTION CARRIED UNANIMOUSL' uired building permits prior to construction. CHAIRPERSON KUECHLE DECLARED 2. PUBLIC HEARING: CONSIDERATION OF VARIANCE REQUEST VAR #99- 05. BY TIMOTHY JAWOR: Per Section 205.09.03.D:(3) of the Fridley City Code, to reduce the required rear yard setback from 40 feet to 19.2 feet to allow the construction of a seven-unit townhome structure on Lot 11, Block 1, Melody Manor, generally located at 7411 University Avenue. MOTION 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 7:45 P.M. Mr. Bolin stated the petitioner is requesting a variance to decrease the required rear yard setback from 40 feet to 19.2 feet to allow the construction of a seven-unit owner- occupied townhome structure. Also, this property is coming under consideration for a replat request before the Planning Commission. Also, the property will have to be rezoned to R-3 so that these owner occupied units can occur. Mr. Bolin stated the code requires a minimum rear yard setback of 40 feet for a lot of this size. The property is located at 7411 University Avenue. The property is currently vacant and is zoned R-2 even though, since 1986, the City zoning maps have shown that parcel and the parcel to the north as being zoned R-3. The property is bordered by 12-unit apartment buildings both to the north and to the south. To the west is University Avenue and to the east is Grace Lutheran Church. Mr. Bolin stated the property has an interesting history. The property was platted in 1961 and was zoned R-2 at that time. In 1963, Mr. Ed Chies obtained building permits for an eight-unit apartment building on that lot, but it was never built. In 1964, the City changed the zoning so that only duplexes were allowed in the R-2 zoning district. The eight units that were proposed were no longer allowed in that district. In 1970, Mr. Chies sued the City trying to obtain the original building permit. A settlement basically allowed the R-3 standards to be applied to the property, and Mr. Chies would be allowed to build the eight-unit building. In 1986, the zoning maps were accidentally 13.09 APPEALS COMMISSION MINUTES, APRIL 28, 1999 PAGE 5 drawn to show the property as R-3. Presumably this was done to cover the settiement. In 1988, there was a memo in the address file from the City Attorney stating that the property should be rezoned to R-3; however, this action has never been processed. So, as part of this request, the City is initiating a rezoning on that parcel to R-3. In 1994, the City received a proposal for a seven-unit rental condominium project on this site. All seven of these units fit on the site and would not have needed a variance. That project was eventually withdrawn. Most recently, the City has had a variance and replat request from the petitioner. Mr. Bolin stated the petitioner indicates in the hardship statement that a more rectangular lot of similar square footage would have been desirable for a townhouse p�oject like this. However, the petitioner feels they have adapted and designed an attractive building that will nicely fit this apartment-type lot, and at the same time will meet the needs and desires of both the City and the housing market. Mr. Bolin showed photos of the property as it exists today. The site plan shows the seven units. The variance is at the rear lot line. The lower level for the units would have two-car garages. The owners could enter their units through the garage. In the basement, there is room for a bedroom, storage, laundry and a bathroom. On the upper floors, there is room for two bedrooms, bathroom, kitchen, dining area and living room. Mr. Bolin reviewed the elevations for the site. Mr. Bolin stated the law defines an undue hardship as 1) The property cannot be put to reasonable use if used under the requirements of the code. 2) The need for the variance is due to the conditions unique to the property and not created by actions of the landowner. 3) The variance, if granted, will not alter the character of the neighborhood. Mr. Bolin stated that after reviewing the project, staff recommends denial of the variance request. Looking through variances granted in the R-3 districts for the past 15 years, staff found no comparable variances that were granted. The request does not meet the statutory definition of a hardship, and it is possible to develop the site within the code. If the building were built with the size of the units as shown and if the seventh unit were removed, it would be possible to build it without a variance. If the unit size were reduced, the setbacks could be met. It is also possible to do some different layouts for this site. The proposal from 1994 is an example of that. If the Appeals Commission chooses to approve the variance request, staff recommends the following stipulations: 1. Fence be extended along the entire east side of the property. 2. All elements of the building must meet the current building code and be approved by the City Building OfficiaL 3. Concrete curbing be placed around parking lot and parking islands. 4. All parking spaces must be setback 20 feet from the front yard property line. 5. Proposed screening berm on west side of property must meet zoning code requirements for height. �� APPEALS COMMISSION MINUTES, APRIL 28, 1999 PAGE 6 6. Proper elevations, showing ali seven units, must be provided to the City, to ensure that the elevations are architecturally symmetrical. 7. City will approve ail exterior materials. 8. The use of brick, amount to be approved by City staff, shall be required to ensure that the building has similar character to nearby buildings. 9. Final landscape plan will meet code requirements and must be approved by City staff. 10. Proposed walkway to be concrete. 11. Variance is conditional upon City approval of the replat and rezoning request. Mr. Kuechle asked what the differences were between R-2 and R-3 zoning districts. Mr. Bolin stated the R-2 zoning is designed for single family homes and duplexes. R-3 zoning is for multi-family homes and is the only zoning district other than S-2 that allows owner occupied condominium-style units. Ms. Mau stated that on the east side of the property, it looks like there is a drainage area. Is that located on the subject parcel or is that part of the church property? If this is on the subject parcel, how have they addressed that drainage in their plan? Mr. Bolin stated that on the east side of this property and on the church property as well, water does tend to collect and drain through there. The petitioner's storm calculations do address what comes onto the petitioner's property as well and it brings that around to a storm ponding area. This development would not necessarily contcibute to water ponding in that area nor would it necessarily alleviate it. It should not have much of an impact in that area. Mr. Jawor stated that when he first approached the City, he thought the site was zoned R-3. He did not think the staff knew this was not R-3 until they did some research. That is why they proceeded as though this was zoned R-3. Mr. Jawor stated that when they looked at the property, they tried to fit in what they thought the market wanted. Fridley has a lot of apartment buildings and rental properties. The owner talked about putting in rental units as well. They convinced him that they could do-better putting in owner-occupied townhouses. They did a market survey to find out what the market wanted. They found that the market wants moderately priced housing, singfe family, owner-occupied� two bedrooms with an expansion area for a third bedroom or family room, two bathrooms, and a two-car garage. He came in to the City and spoke with Mr. Hickok. Mr. Hickok discussed the history of the property and provided the seven-unit building that had been approved several years ago. They took that site plan and tried to figure out why that plan did not work. They concluded that the site plan was not rentable or saleable. The units were 18 feet wide with a one-car garage. The finro bedrooms upstairs had actually usable space of 8.5 feet. This will fit but you will not be able to do anything with it. Mr. Jawor stated they took that plan and tried to adapt it to what they thought the market was showing. They expanded each unit by three feet resulting in a finro-car garage. One advantage of a two-car garage is that you will not have cars parked outside. They 13.11 APPEALS COMMISSION MINUTES, APRIL 28, 1999 PAGE 7 won't need a dumpster. Each unit will have a garbage can with a one-day pick-up each week. Mr. Jawor stated they have built townhouses before. The ideal plan is 24 feet wide. An 18-foot wide unit will not wo�k. They expanded it to 21 feet. In order to do that, they had to reconfigure the building. With a two-car garage, you cannot get a full entrance in as well. It is too narrow. They put the entrance on the back side of the building. By taking this building and putting the seven units in a row, they cut the length but made the building narrower. They are actually saving 18 feet of land by the length of the building on one side and 3 feet of land by the length of the building on the other side. That is a total of 3,000 square feet within the variances that could be built on exclusive of the garages. By giving up that 3,000 square feet, they need to encroach on the rear setback by 900 square feet. To build a tovdnhouse unit there, they have a net gain of over 2,000 square feet of space. Part of the space will be driveway and access to the garages, but they put planting islands between those with full size trees to dress that up. By putting the sidewalk and entrance on the other side of the building, they basically have two fronts to the building that will be landscaped. There will be plantings and shrubbery, a nice looking sidewalk and screening between there and the apartment buildings. This will have nice looking elevations on both sides, more open space, and he thought this would be an asset to the neighborhood as a whole. Mr. Jawor stated the lot has been unbuilt. The lot has been used for dumping fill for years. They did some preliminary borings and found they will have to take out some of the fill, and replace it will buildable soils and do soil corrections. By granting the variance, that is about 1/3 of the soil corrections that they will have to do. This also means less trucks hauling, less traffic, etc. Mr. Jawor stated the drainage problem has been addressed. There is a low spot in the back that is actually part of the holding pond that was designed for the church. Their engineers have worked out a plan that has been submitted to the City for their review to take care of that drainage problem. Right now it flows in from everyone's lot. This will channel the water around the front to a small holding pond, it will drain into a beehive, and then drain into the storm sewer. The drainage problem will be corrected by doing this. Mr. Jawor stated that regarding the hardship, they are coming at this from a different angle than the staff. One definition stated that the variance, if granted, will not alter the character of the neighborhood. He thought they would improve the character of the neighborhood. This has parking lots on three sides of the back half of the lot. It is all open parking. The apartments do not have a playground or covered parking. To the east is the church parking lot. Another hardship is the configuration of the lot. These lots, when platted 35 years ago, were designed for the apartment style buildings that were built on either side. Those buildings are two stories, they are shorter and wider and fit on those lots with no inside parking. To do townhomes, you have to have driveway space to get to the garages and you have to do that in a row. The configuration of the lot� therefore, is not conducive. A more rectangular lot would h��, been desirable. This building is longer and narrower than many apartments. 13.12 APPEALS COMMISSION MINUTES, APRIL 28, 1999 PAGE 8 Mr. Miiler stated he would like to address the definition that the property cannot be put to reasonabie use. When the seven-unit building was approved and which met the setbacks, that was a building that had 18-foot wide units, one-car garages, and did not meet the demands of the market. Their proposal with seven units, 21-feet wide, two-car garages, and actually allows for 2.7 cars per unit with the off-street parking. This becomes a much nicer project. Ms. Beaulieu asked, if the City says no, will the petitioner eliminate one unit or would the project then not be economically feasible? Mr. Jawor stated the project would then not be feasible. They perhaps could reconfigure it to shorten it, look at having a one-way drive down each side, but they would not gain much by doing that. They could look at one-car garages, but he did not think that addresses what the market wants. They are really in kind of a bind. Because they are landscaping both sides, putting in a sidewalk all the way around, putting in berms, taking care of the drainage for the neighborhood, they need to spread these costs out to keep the units affordable. When you go from seven units down to six, that is a 15°/a reduction in the number units. Those costs have to be spread out over six units that will end up with a$3,000 increase in the price. They are trying to keep the price as moderate as they can and make the units salable. He thinks that this is a nice project. If the variance is not granted, he was not sure what they will do. If the variance is granted, there are a lot of stipulations. They have no prcblem with those except that they would like to have °exterior materials" defined. The apartment buildings are 30 years old constructed of brick. You do not see many single-family homes of brick. He would like that further defined. Mr. Kirkham stated he represents the council for the Grace Lutheran Church. They share a property line on the east side of the subject parcel. They are prepared to say that they have no objections to the variance, but they do have some concerns that they would like to have addressed. One concern is drainage and it seems that this has been adequately addressed. They do not want a pool of water sitting there either. The second concern is that there seems to be no room for youngsters to play with this design. They do not want to further compound a problem that they already have and that is trespassing. They are surrounded by apartment buildings. Many people seem to think that there is not enough room at the apa�tments for their children to play so they send them over to the church property to play. They have a school there that operates during week and there is sometimes a problem. There is also a built-in liability problem. There seems to be the idea that others can send their children over there to play without assuming any liability risks. Mr. Kirkham stated there also seems to be a lack of respect for the church property. They have confronted some people who have sent their children over to play and the attitude seems to be that they cannot help it because they don't have an area for their children to play. This is not a valid response to their concern, but that attitude does exist. In looking at the proposed design, they see no room for kids to play and they feel their problems would be compounded. They are also concerned about garbage collection, but this has been addressed. 13.13 APPEALS COMMISSION MINUTES, APRIL 28, 1999 PAGE 9 Mr. Kirkham stated they are concemed about a fence. They would like it to be a priva�y fence. He understands that the City is proposing that there be a six-foot fence that will be the length of the east property line. He did not know that they could gamer a guarantee that the fence would be maintained by present or future owners in perpetuity. Mr. Kirkham stated they are wondering about parking lot restrictions. Would there be parking in the garages only or would there be an overflow of parking that may affect them. Will they be seeing a number of cars and/or boats in the parking lot? The . parking area does not seem that big. Mr. Kirkham stated these are the concerns that the church has. The biggest concern is p�obably the trespassing issue and also pets. A number of people choose to walk their dogs on their property and don't bother to pick up after them. They have school children playing there, and they do not want their students to step in someone else's pet droppings. Dr. Vos asked Mr. Kirkham how far it is from the west property line to the first building. There is a large grassy area there. Mr. Kirkham stated part of that distance is occupied by a paved parking lot. If it is between the property line and the parking lot, perhaps there is 75 feet. Dr. Vos stated he �sked that question in case the church has any future expansion plans. lf the variance request is approved, they are within 19 feet of that property line. Would that restrict this property owner from expanding west? There must be a certain separation. Mr. Bolin stated it should not be a problem as long as the church meets its required setbacks. He believed the church could come within 15 feet of that property line. Mr. Kirkham stated he did not know of any plans to expand. Ms. Mau stated she would think the fence along the east property line does not exist with the apartments. It is possible that it would help with the trespassing issues, but it � does not guarantee that it will not happen. Dr. Vos stated there might be the potential that the church and the property owners would decide to put a fence all the way across to alleviate some of the church's concerns. When you have a fence between finro open areas, it is kind of odd Ms. Mau stated another concem is restrictions for parking cars in the lot and boafs. They are proposing two-car garages that would eliminate some of the problem. She believed the issue of boats would be treated the same as any other resident under th� code. Drainage and garbage have been addressed. Pets and kids both require responsible adults living in the units to assure that this does not happen. Mr. Jones stated he could see the issues of pets and kids. The problem may not necessarily be attributed to the people from those properties. He thought there would 13.14 APPEALS COMMISSION MINUTES, APRIL 28, 1999 PAGE l0 be a problem whether anything is there or not. The issue of drainage has been stated as being resolved, but it is not cfear to him just how this has been resolved. In all fairness to them, it seems that everyone has been benefiting from that property being vacant by using that as their drainage. Mr. Jones asked if there are parks in that area or places for kids to go. Dr. Vos stated there is a park on 73`d but that is about one mile away. Mr. Miller stated each unit would be required to pay a park dedication fee. This will be money to improve or build parks near that site. Mr. Kuechle stated there is space inside for two cars. Where will guests park? Mr. Jawor stated guests could park by the garage. Thefe are spaces on each end in order to walk to the front entrance. For parking, there is a two-car garage, space for two cars in front of the garage, and five extra spaces. Ms. Mau asked if parking was allowed on the street. Mr. Bolin stated parking is not allowed on the west side. He believed they can park on the east side of the street. Mr. Jawor stated he would like to address a couple issues from the church. They are proposing a cedar privacy fence, six feet tall, which runs across the back of the property. The fence is not a concern. Maintenance of the fence will be part of the townhome association bylaws. Also addressed will be the landscaping, sprinkling systems, and maintenance. As far as pets, he usually has no reference to pets in the bylaws because the townhome association can change this as long as they are within the City's ordinances. If the staff or City Council want to add a stipulation that the bylaws address pets, they will be happy to do that. Mr. Jawor stated they have an 18-foot deep area behind each townhome with a 5-foot x 8-foot deck. That is probably the area where the smaller kids are going to be. As they get older, they will. of course venture farther away. If they are going to pay a park dedication fee, if that could be designated to create a pathway or cover signs� that might help with that problem. Mr. Kirkham stated it occurred to him whether it makes sense to squeeze seven units into a piece of property to the point where there is no place for kids to play and then appeal to families with children to move there. There are lots of places that are adult only. He did not know if that would be feasible here or not, but perhaps this is something they should look at. That would solve the problems as far as space. He did not know if townhome situations allowed for parking in the garage only. That may alleviate some of the parking issues. Mr. Jawor stated they can put that in the bylaws, but the association can change it. 13.15 APPEALS COMMISSION MINUTES, APRIL 28, 1999 PAGE i l Mr. Schreiner stated it is obvious that the lot is too smail for what they are pianning. He understands this involves a change from R-2 to R-3. He would recommend the zoning remain R-2. He is concemed about traffic. Which way will the cars be leaving the area and where they will be going? On Symphony Street, they have a problem with traffic. The area has only a few exits. What are the square footage of the units?. If they are too small, people tend to store their belongings in the garage and park outside anyway. Mr. Jawor stated each unit is just over 1,400 square feet finished with a designated storage area inside, a two-car garage, large utility room and laundry room. On the lower level there is also room for an option bedroom or family room. Regarding the traffic concem, it is a question of density. Regardless of what is put on the lot, there will be traffic. Traffic comes out on the service road. The site has one driveway. Dr. Vos stated the exits for the apartment buildings are not necessarily on that service road. This traffic will come out straight west. Dr. Vos stated the petitioner has indicated that these units would be moderately priced. What will the price range be? Mr. Jawor stated the price will be approximately $110,000 to $120,000. Mr. Hansen stated he is the owner of the apartment building to the north of the site. It is inevitable that sometl�ing will be done with this property. He has waited for 20 years. This is as good a plan as he has seen. He thought they could work out the thing with the kids. He has the same problem. The church has a large parking lot. There are many kids in the area and so it is more than just the kids from the apartments. The fence will not keep kids out. The question is who is going to take care of it. If in two or three years it gets neglected, it is worse than not doing anything. The church does a good job of maintaining the area to the east. He can understand that the church does not want the liability of children on their property. It is a tempting open space. Dr. Vos asked why they required a privacy fence rather than a natural barrier such as thorny bushes. He has seen other ways to divide property lines so that it is not just a fence that gets broken after a while. Mr. Bolin stated that is an option. There is only six feet of space. It must also be a continuos hedge. Mr. Kirkham stated the church is considering putting a fence along the property. Right now they have lilac bushes there. For privacy they work pretty well but they do not keep the garbage out. This past spring while cleaning, they pulled out a couch, an automobile seat, and a range. That is why they feel the need for a privacy fence. Dr. Vos stated that they talk about drainage, but that is not one of the stipulations. Mr. Bolin stated the Engineering Department has approved the storm ponding calculations and the drainage plan. One requirement is that, when doing storrn ��,�� calculations for drainage ponds, you have to take into account the surroundin� 13.16 APPEALS COMMISSION MINUTES, APRIL 28, 1999 PAGE 12 properties as well. With that in mind, the Engineering staff has approved the drainage calculations and the drainage plans that were submitted. Dr. Vos stated he would feel better if a stipulation was included that this meets the plans approved by the Engineering Department. MOTION 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. Dr. Vos stated he looked at the property. He has seen it for 29 years and always wondered what they were going to do about that. He thought they could do it with six units, but he did not think it would be something that would help the City size-wise as well as the design. He was impressed that the property owner to the east came and discussed the concerns and the property owner to the north came and expressed support. With the major property owners in favor, he could vote for approval with the stipulations. Ms. Beaulieu agreed. If there is extra expense involved with this property because it has been vacant and used for dumping so there are extra soil problems that have to be dealt with and the drainage problems that seem to be from the surrounding properties, she believed it is a good solution to have to deal with that extra exper�se with the extra unit. She changed her mind when she heard all the different situations. She would vote in favor of the request. Ms. Mau stated she would vote hesitantly in favor of the request. She did have issues with the fact that it is a very small lot for this size of project. She likes that it is affordable housing for the Fridley area. She can understand the hardship they have working with that property. She would tend to vote for approval with the stipulations. Mr. Jones stated he would tend to vote in favor of the request with stipulations. He does not see the difference between six and seven units. He can understand the concerns about the kids and traffic, but the difference between six or seven units is not going to make that much difference. With all of the property issues and the added expense, he can see the hardship that they would need the extra unit to reach a reasonable level of profit for the property. The City needs affordable owner-occupied housing. We don't have that much in the City and this is a good opportunity. He would vote in favor with the stipulations. Mr. Kuechle concurred. He thought they needed the economies of scale. A seven-unit townhome group is probably sub-optimum in terms of trying to hire in services. Cutting it down to six becomes a larger problem. At some point something is going to go on that lot. This is a pretty good fit for what is there. He would be in favor of recommending approval to the City Council. He had issue with one stipulation that states the use. He would feel comfortable with changing that a little bit, but he would also be comfortable with leaving it in. Between now and the City Council meeting, the petitioner could work with City staff to try to get that ironed out as to exactly what they 13.17 APPEALS COMMISSION MINUTES, APRIL 28, 1999 PAGE 13 are both comfortable with. He believed that the petitioner is willing to work with staff and understands the concem that they are not boxed in with an entirely brick buiiding. He would recommend approval. Dr. Vos asked how staff sees stipulation 7 and stipulation 8 as different. Mr. Bolin stated staff sees the brick as being different. They are not talking about making the entire building brick. As they have discussed with the petitioner, they are talking about perhaps a four-foot wainscoting on pa�t of the building. The other stipulation refers to other materials that are used other than brick. Dr. Vos asked if they needed stipulation 6. Mr. Bolin stated when the packet was put together, staff did not have any elevations. The elevations have now been submitted. Mr. Kuechle stated that if the petitioner is comfortable with it, he has no objection to leaving it in. Ms. Mau stated she thought the fence should be addressed. She is not comfortable with putting a fence on one property when the other two don't have a fence. She can understand a barrier of some kind, but she is not comfortable stipulating it as a fence per se. The continuity is not ther�. Ms. Beaulieu stated this property is the one that is requesting the variance. MOTION by Dr. Vos, seconded by Ms. Mau, to recommend approval of Variance Request, VAR #99-05, by Timothy Jawor, to reduce the required rear yard setback from 40 feet to 19.2 feet to allow the construction of a seven-unit townhome structure on Lot 11, Block 1, Melody Manor, generally located at 7411 University Avenue, with the following stipulations: 1. Fence be extended along the entire east side of the property. 2. All elements of the building must meet the current building code and be approved by the City Building OfficiaL 3. Concrete curbing be placed around parking lot and parking islands. 4. All parking spaces must be setback 20 feet from the front yard property line. 5. Proposed screening berm on west side of property must meet zoning code requirements for height. 6. Proper elevations, showing all seven units, must be provided to the City, to ensure that the elevations are architecturally symmetrical. 7. City will approve all exterior materials. 8. The use of brick, amount to be approved by City staff, shal� be required to ensure that the building has similar character to nearby buildings. 9. Final landscape plan will meet code requirements and must be approved by City staff. 10. Proposed walkway to be concrete. 11. Variance is conditional upon City approval of the replat and rezoning request. 13.18 APPEALS COMMISSION MINUTES, APRIL 28, 1999 PAGE 14 12. Grading and drainage plans shail be approved. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIIMOUSLY. Mr. Bolin stated the City Council would consider this request on May 10. 3. UPDATE ON PLANNING COMMISSION AND CITY COUNCIL ACTIONS: Mr. Bolin provided an update on Planning Commission and City Council actions. ADJOURNMENT: MOTION by Ms. Beaulieu, seconded by Mr. Jones, to adjoum the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE APRIL 28,1999, APPEALS COMMISSION MEETING ADJOURNED AT 8:53 P.M. Respectfully submitted, �✓t�-ti� -v Lavonn Cooper � Recording Secretary 13.19 MEMORANDUM PLANNING DIVISION Date: 5/17/99 To: Wiiliam Bums, City Manager �� From:Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Paul Bolin, Planning Assistant RE: Planning Commission action on P.S. #99-02 M-99-128 INTRODUCTION The City of Fridley has been asked by Tim Jawor to create 8 separate lots from Lot 11, Block 1, Melody Manor, (7411 University Ave.) in order to construct a 7 unit owner occupied townhome complex. The replat is necessary because the units will be individually owned. The proposal includes 1 lot for each unit and 1 additional lot made up of the excess property. PLANNING COMMISSION ACTION At the May 5, 1999 Planning Commission meeting, a public hearing was held for P.S. 99-02. After much discussion over the proposed project and StafPs recommendation, a motion was made by Mr. Saba and seconded by Mr. Oquist to recommend approval of the replat with stipulations. The motion passed unanimously. PLANNING STAFF RECOMMENDATIOH City Staff recommends denial of this plat request as presented. As staff has indicated, it is quite possible and reasonable to develop this site without any variances. With the current proposal, the petitioner would only need to reduce the building to 6 units to meet all the zoning code requirements. A plat request showing 6 units of the proposed size, for a total of 7 parcels would meet all code requirements. The following is a summary of reasons why City Staff recommends denial of both the variance request and the plat request: 14.01 Memorandum • This parcel is of a size large enough to develop under both the R-2 and R-3 zoning districts. The size of the parcel would reasQnably accommodate 6-units of the size proposed by the petitioner, without any variances. By removing the 7�' unit, the complex would meet all zoning code setback requirements. • An application was received from another developer in 1994, having 7 units located on the lot while meeting all code requirements. (plans attached to this packet) • The "need" for a variance is created by actions of the landowner. The petitioner desires to develop the 7"' unit to make the project more economically feasible, though staff has pointed out that he could proceed on the project by building only 6 units. Building only 6 units would give the petitioner the code required rear yard setback of 40'. • The code requires the rear yard setback to provide space to be used for green areas and buffers between structures which enhance neighborhoods. The plat and variance, if granted, would reduce this required space from 40' to 19.2'. • The proposed setback limits access for emergencies and may contribute to the condition of crowding in the neighbofiood. 14.02 City of Fridley Land Use Application PS-99-02 May 5, 1999 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Timothy Jawor 9175 107�' St. N. Stillwater, MN 55082 Requested Action: Replat of property to accommodate a 7 unit townhome development. Existing Zoning: R-2 Two Family Residential (City has applied to re-zone property to R-3 to comply with court settlement) Location: 7411 University Ave. Size: 22,128 square feet .51 acres Existing Land Use: Vacant. Surrounding Land Use & Zoning: N: Apt. Complex & R-2 E: Church & R-1 S: Apt. Complex & R-2 W: HWY 65 & G2 Comprehensive Plan Conformance; Use of property is consistent with Plan. Zoning Ordinance Conformance: Multiple dwelling complexes, including rental and condominium apartments, are a permitted use in R-3 zoning districts. Zoning History: • 1961 - Melody Manor is platted. • 1963 - Ed Chies obtains building permit for 8-unit apt., but never builds. • 1964 - City changes zoning to R-2, allowing only duplexes. • 1970 - Ed Chies sues City to obtain his original building permit. Settlement reached allowing R-3 standazds to be applied to property. • 1986 - Zoning maps accidentally drawn to show the property as R-3. (presumably to cover the settlement) • 1988 - City attorney memo stated that property should be rezoned to R-3, however, this action has never been processed. 1994 - Proposal for 7 unit rental condominium project is withdrawn. Legal Description of Property: Lot 11, Block 1, Melody Manor Council Action: May 10, 1999 Public Utilities: Located near property. Transportation: Town homes will be accessed by the University Avenue service road. Physical Characteristics: Relatively flat, grass covered lot. SUMMARY OF REQUEST Tim Jawor is seeking to create 8 separate lots from Lot 11, Block 1, Melody Manor, in order to construct a 7 unit owner occupied townhome complex. SUMMARY OF ANALYSIS City Staff recommends denial of this plat request. • Staff recommended denial of the rear yard setback variance because no comparable variances had been granted, the request did not meet statutory definitions of hazdship, and it is possible to develop site without vanance. • Proposed layout does not provide enough green / open space. Staff Report Prepared by: Paul Bolin 14.03 ANALYSIS Tim Jawor, petitioner, � � � _�- is seeking to create 8 separate lots from Lot 11, Block 1, Melody Manor, in order to construct a 7 unit owner occupied townhome complex. The replat is necessary because the units will be individually owned. The proposal includes 1 lot for each unit and 1 additional lot made up of the excess property. Mr. Jawor, also needs a variance to reduce the required rear yard setback from 40' to 19.2' in order to construct the proposed 7 unit owner occupied townhome complex. At their April 28'h meeting, the Appeals Commission voted to recommend approval of the variance with 12 conditions. One of the conditions stated that the approval of the variance is conditional upon receiving approval for the plat and a rezoning of the property. PROPERTY HISTORY The following sections address the zoning classification of this property and the lawsuit by a previous property owner. I have also included a brief time line of the zoning history of this property. Zoning Classi�cation Though this property has been incorrectly displayed on the City's zoning maps since 1986, this property currently is and always has been zoned R-2. In order to correct this error, conform with the settlement of a past law suit, and allow multi-family development, the City submitted a rezoning application for this property to become a R-3 district. Chies Lawsuit In 1963, multi-family units were a permitted use in the R-2 district when Ed Chies obtained building permits for an eight unit apartment complex. In 1964, the City changed the zoning code so that multi-family units were no longer permitted in the R-2 zoning district. Seven years after obtaining the building permits, Mr. Chies was finally ready to build. His original building permits had long expired and multi-family units were no longer allowed in the R-2 zoning district. Mr. Chies filed a suit against the City to make the original building permits valid. In the settlement that followed, Mr. Chies and the City agreed that he could build up to 8 units provided he met all the zoning requirements for the multi-family district. Historical Timeline of Zoning History 8 Action • 1961 - Melody Manor was platted. • 1963 - Ed Chies obtains building permit for 8-unit apt., but never builds. • 1964 - City changes R-2 zoning, allowing only single family homes & duplexes. • 1970 - Ed Chies sues City to obtain his original building permit. Settlement reach�d allowing R-3 standards to be applied to property. 14.04 • 1986 - Zoning maps accidentally show the property as R-3. • 1988 - City attorney memo stated that property should be rezoned to R-3, however, this action has never been processed. • 1994 - Proposal for 7 unit rental condominium project, which met all code requirements, is withdrawn. • 1999 - Variance & Plat request from Timothy Jawor. The fact that a property has been involved in a lawsuit, does not mean that any future owners are entitled to any special consideration beyond the settlement of the lawsuit. RECOMMENDATIONS City Staff recommends denial of ihis p/at request as presented. As staff has indicated, it is quite possible and reasonable to develop this site without any variances. With the current proposal, the petitioner would only need to reduce the building to 6 units to meet all the zoning code requirements. A plat request showing 6 units of the proposed size, for a total of 7 parcels would meet all code requirements. The following is a summary of reasons why City Staff recommended denial of the variance request and now recommends denial of the Plat request: • This parcel is of a size large enough to develop under both the R-2 and R-3 zoning districts. The size of the parcel would reasonably accommodate 6-units of the size proposed by the petitioner, without any variances. By removing the 7�' unit, the complex would meet all zoning code setback requirements. • An application was received from another developer in 1994, having 7 units located on the lot while meeting all code requirements. (plans attached to this packet) • The "need" for a variance is created by actions of the landowner. The petitioner desires to develop the 7�' unit to make the project more economically feasible, though staff has pointed out that he could proceed on the project by building only 6 units. Building only 6 units would give the petitioner the code required rear yard setback of 40'. • The code requires the rear yard setback to provide space to be used for green areas and buffers between structures which enhance neighborhoods. The plat and variance, if granted, would reduce this required space from 40' to 19.2'. • The proposed setback limits access for emergencies and may contribu#e to the condition of crowding in the neighborhood. STIPULATIONS If the Planning Commission were to grant this Plat request, staff recommends that the following stipulations be attached. 1. Fence be extended along the entire East side of the property. 2. All elements of fhe building must meet the current building code and be approved b�r the City Building O�cial. 3. Concrete curbing placed around parking lot and parking islands. 14.05 4. All parking spaces must be setback 20' from the fronf yard property line. 5. Proposed screening berm on West side of property must meet zoning code requirements for height. 6. Proper elevations, showing all 7 units, must be provided to the City, to ensure that the elevations are architecturally symmetrical. 7. City will approve all exterior materials. 8. The use of brick, amount to be approved by City Staff, shaJl be required to ensure fhat the building have similar character to nearby buildings. 9. Final landscape plan will meet code requirements and must be approved by Cify Staff. 10. Proposed walkway to be concrefe. 11. Plat approval is conditional upon City Council approval of the variance & rezoning requests. 12. A 12' utility and drainage easement to be granted along entire eastem edge of properfy. 13. A 10' utility and drainage easement fo be granted along entire southern edge of property. 14. Storm pond maintenance agreement to be filed with the City prior to issuance of a building permit. 15. Comply with all state regulations regarding townhome associations. 16. Park dedication fee of $750 / unif to be paid prior to issuance of a building permit. 14.06 e CITY OF FRIDLEY 6431 UNIVERSITY AVENUE FRIDLEY� MN 55432 (612) 571-3450 � COMMUNITY DEVELOPMENT DEPARTMENT SUBDIVISION APPLICATION FOR: � Plat _____ Lot Split tMATION: - site plan required for submittal, see attached Address: r v � Property Identification Number: I/ -30 - ?_ -Z - Legal Description: Lot ,�(_ Block � Tract/Addition Ili� Current Zoning: R 3 Square footage/acreage: Reason for Subdivision: ��,-► a l� ��.r�, �� 'Tow•, ��.��. Have you operated a business in a city which required a business license? Yes No If Yes, which city? If Yes, what type f business? Was that license ever denied or revoked? Yes No �YIN�Vti1V1V�VN�VNti�V�r^/1V V,VN�V�Ur/r�V�V�V�V�/�V�V�V,V.V�VM�V�V�ViV�VA/NM/V�VN�V�VAI�V�VAr/�/1V�V�VAr/�r�VNAr�Vtir/V4N�V/V1V FEE OWNER INFORMATION (as it appears on the property title) (Contract purchasers: Fee owners must sign this form prior to processing) NAME: � v ADDRESS� � � �s - ro ;� 5,c, � ��., I w� � r�l h s5�g a __ DAYTIME PHONE: 6s� -�.s 3- yo3 � SIGNATURE/DATE: �-� 1�' �V�Vti�V'V�VN�VtiNV�V ViV�V�V�VN�VA/M�V�V�V�V�VMA/�V�V�V1V1VN1VIV�V�V,V�V�V�VN�V�V�V�YIV�V1Vti�V�V�VA/A/N�V'V�VMNNA/�V�V1V PETITIONER INFORMATION NAME: w, v ADDRESS: �t I ?� - !v � m � �. �f-� �1 �? DAYTIME PHONE: ��i-�S3-yo�,L SIGNATUR � � FEES � �' Plat: $500.00 for 20 Lots, $15.00 for each additional lot Total Fee: Lot Split: $250.00 Receipt #: (� Received By: Application Number: P•s. # 94-Da Scheduled Planning Commission Date: - � � Scheduled City Council Date: � _ , 10 Day Application Complete Notification Date: _ _ :1,�_ --� '�'�% � . � --� �� _ �...:. .. .. � � �� - . r t'!�ll�f� 14.07 - �F 4',_ .� �-":.,-::iS.'. ��. ��' .=.x;r,� .; �;: :-� 1a ' 'k [�� ?�,9 CITY OF FRIDLEY PUBLIC HEARING NOTICE BEFORE THE PLANNING COMMISSION TO: All property owners/residents within 350 feet of property generally located at 7411 University Avenue CASE NUMBER: P.S. #99-02 APPLICANT: Timothy Jawor Petitioner or representative must attend the Planning Commission meeting. PURPOSE: To create 8 separate lots from Lot 11, Block 1, Melody Manor, in order to construct a 7-unit townhome structure LOCATION OF 7411 University Avenue PROPERTY AND LEGAL Lot 11, Block 1, Melody Manor DESCRIPTION: DATE AND T/ME OF Planning Commission Meeting: HEARING: Wednesday, May 5, 1999, at 7:30 p.m. The Planning Commission Meetings are televised live the night of the meeting on Channel 35. PLACE OF Fridley Municipal Center, City Council Chambers HEARING: 6431 University Avenue N.E., Fridley, MN HOW TO 1. You may attend hearings and testify. PARTICIPATE: 2. You may send a letter before the hearing to Scott Hickok, Planning Coordinator, at 6431 University Avenue N.E., Fridley, MN 55432 or FAX at 571-1287. SPECIAL Hearing impaired persons planning to attend who need an ACCOMODATIONS: Interpreter or other persons with disabilities who require Auxiliary aids should contact Roberta Collins at 572-3500 no later than April 28, 1999. ANY QUESTIONS: Contact Scott Hickok, Planning Coordinator at 572-3599 or Paul Bolin, Planning Assistant at 572-3593. Publish: April 22, 1999 April 29, 1999 14.08 � City of ; Fridley -r �s� - ,��.�■ �� - � .— .��s� � � - : .:�. , � �� ,, �, � ��. � ; .: �.. ""�r�' z��` a , � � . ! C 3� �f t -- � �� 3��: ,:.:�, ,. ,k. <; - _ �x, -: .;:. - x� ��.. . �_� t .� �-�-�� T -, �; `:�.t _ � � ,� �: � �✓�,+ 3 � � --�� 'i'.0 �� t_ �. � t�.._. �,,. �1' •5: � F ..� � Z W � w J Community Development Department Land Use Permit Notification � ,�.: � ; ,�_ : ;' $>�- .,`' - .� ��; . � � ��a ; :: �. _ , �� ' � �� . � ` � � �� i.Y __ �' _ _ i T. : �fi_ +�' .�� :'�,.� ;., - �� ,�z;�:s'r� : ,<�� , � �+ • ) 3 � 4 � � �� AY�[ _ _ �-''^�- 1�N� �YNr �R-1 - Q�e Family lAtits 0 11M1 - LigFt Indtatrial R-2 - Tuw Famity Units � lµ2 -�1��y Inds6ial �R 3- C�eneral IVWttipe Urits �(�F3 - Outdoor Irtensioe Fleevy Irdatrial R� - Mobile Fbme Pari6 � P- Public Facili6es � PIJD � Planned Ubt Qeveioprne�t ROW � s' '"y°e �'` "�r'b°"'°°a� ��-�� land Use Perm its, VAR-99-05 & PS- 99 - 02 0 sz - ��o� a�;c � 0 ci -� am� N� i�� 7411 University Avenue 0 G2 � �'`'� �'"� vv�a� Fea�ues Timoth Jawor � G3 - G�er�er'al Sf�oGping }I � GR1 - General Office 14.09 � n: �� 1 �� N F� � Fridey G{S /�41ok2 Co�rrty pASSessing BUZZE�L CRANDALL F& THERESA A MANNING BRIAN P& CHRISTINE E BUDZYNSKI TOM 11810 FOLEY BLVD NW 12603 FLINTWOOD ST NW 13455 HWY 65 NE COON RAPIDS, MN 55448 COON RAPIDS, MN 55448 HAM LAKE, MN 55304 B & D MATTHEWS INVESTMENT 1410 S FERRY ST ANOKA, MN 55303 CPG ENTERPRISES 233 W GRANDVIEW AVE ROSEVILLE, MN 55113 CURRENT RESIDENT 350 75TH AVE NE FRID�EY, MN 55432 CURRENT RESIDENT 361 74TH AVE NE FRIDLEY, MN 55432 CURRENT RESIDENT 380 74TH AVE NE FRIDLEY, MN 55432 GRACE LUTHERAN CHURCH 460 75TH AVE NE FRIDLEY, MN 55432 TANGREN ELWOOD R 8 BARBARA 7368 SYMPHONY ST NE FRID�EY, MN 55432 CURRENT RESIDENT 7385 UNIVERSITY AVE NE FRIDLEY, MN 55432 CURRENT RESIDENT 7397 UNIVERSITY AVE NE FRIDLEY, MN 55432 STEVENS BARBARA J 1949 COLLIN ST MORA, MN 55051 BAYER RUDOLPH C 2921 BROOKSHIRE LN NEW BRIGHTON, MN 55112 CURRENT RESIDENT 351 74TH AVE NE FRIDLEY, MN 55432 CURRENT RESIDENT 371 74TH AVE NE FRIDLEY, MN 55432 CURRENT RESIDENT 389 74TH AVE NE FRIDLEY, MN 55432 DUDLEY WILLIAM N 4902 FRANCE AVE NO MPLS, MN 55429 SCHREINER ANTHONY & CYNTHIA 7372 SYMPHONY ST NE FRIDLEY, MN 55432 HANSEN LYNN 230 RICE CREEK BLVD FRIDLEY, MN 55432 AGARWAL JUGAL K 3015 12TH ST NW NEW BRIGHTON, MN 55112 CURRENT RESIDENT 360 74TH AVE NE FRIDLEY, MN 55432 CURRENT RESIDENT 372 74TH AVE NE FRIDLEY, MN 55432 KORDIAK PROPERTY MANAGEMENT 3948 CENTRAL AVE NE MINNEAPOLIS, MN 55421 HARRIS JEFFREY D 8� MONIQUE T 6164 STAR LN NE FRIDLEY, MN 55432 OKSNEVAD HAAKON B$� JANE E 7378 SYMPHONY ST NE FRIDLEY, MN 55432 HELGERSON JON 8� DUNN CASANDRA CURRENT RESIDENT 7388 SYMPHONY ST NE 7396 SYMPHONY ST NE FRIDLEY, MN 55432 FRIDLEY, MN �5432 CURRENT RESIDENT 7398 SYMPHONY ST NE FRIDLEY, MN 55432 14.10 CURRENT RESIDEf�I" 7400 UNIVERSITY AVE �� FRIDLEY, MN 55432 Planning Commission and City Council City of Fridley Apri15, 1999 Dear Commissioners and Council Members, As you know, this lot has a history of zoning problems. It was originally configured and platted to contain a multi-unit apartment building such as the 11 and 12 unit buildings which were built on either side of this lot. A change in zoning several years ago resulted in a lawsuit between the owner at that time and the City. The settlement, as I understand it, was that the City would allow up to 12 units to be built on this tot. After I purchased this lot I spoke with Scott Hickok of the Fridley ptanning department to discuss options for the development of this lot. Mr. Hickok talked about the past probiems with this lot and indicated that the development of this lot was perhaps somewhat outside of normal development channels because of the unsettled questions ranging back to the re-zoning and lawsuit. He also indicated that the City had a real need for moderate priced, single family, owner occupied townhouse units. He gave me a copy of a site plan that had been submitted and, I believe, approved by the City a few years ago. The site plan he gave me had 7 townhouse units, the same number as our proposal, but each unit was only 18' wide. Our usual unit is 24' wide and includes a 2-car garage for each unit. Mr. Hickok liked the idea of a 2-car garage for each unit, especially since the neighboring apartment buildings have no garage space and all parking is outdoors. He felt these 2-caz garages wouid make for a neater, more attractive development. We went to work and tried to combine the best elements of the 18' plan with our 24' plan. We tried to produce a 2-3 bedroom, 2 bath, attractive and mazketable townhouse unit that included a 2-car garage. We finally came up with the plan we are now proposing. Because these units are to be marketed as single-family townhouse and not as apartments or apartment-type condominiums, the units cannot be stacked on top of each other. Also, because the lot was originally configured to have back-to-back and stacked unit apartment buildings with outdoor pazking and no garages, we had to use a great deal of lot square footage to design a driveway which would feed each garage and provide outdoor guest pazking (2.� outdoor spaces/unit). While we are considerably below the density allowed for this lot and actually contained on the two neighboring lots, our resulting townhouse footprint does encroach on the rear setback (the side toward the church). The city ordinance requires 25%of the lot depth for the rear setback with a 25' minimum and 40' maximum. Our proposal is for a?�r�ear setback. Since there is an apartment building pazking lot on either side of the rear setback area and a lazge church parking lot behind this area, we feel the neighborhood impact will be minimal. I believe there are also a number of precedents for allowing a variance for rear setbacks in cases similar to this. We have designed our building with basically two front sides, complete with landscaping, in order to adapt to the more square shape of this lot, and to present a pleasant view to the apartment residents on either side as well as the street traffic. The side setbacks (18' and 48') are also much greater than the required 15' because, again, these aze not back-to-back apartment-type �nits. These greater side setbacks make for very attractive landscaped elevations. A more rectangular lot of similaz square footage would have been desirable for a townhouse project like this. However, I feel that we have adapted and designed an attractive building that will nicely fit this apartment-type lot, and at the same time will meet the needs and desires of both the City and the housing market. Thank you for the consideration of this pro . � thy P. Jawor Lot owner and Developer 14.11 April 12, 1999 Mr. Tim Jawor 9175 107t'' St. N Stillwater, MN 55082 Dear Mr. Jawor: Per Minnesota Statute 15.99, local government units are required to notify land use applicants within 10 days if their land use applications are complete. We received applications for a variance and subdivision request on April 2, 1999. This letter serves to inform you that your application is not complete and cannot proceed as submitted. In your variance application you request a variance to reduce the rear yard setback requirements from 25' to 20'. Upon review by planning staff, the actual variance you are requesting is to reduce th� rear yard setback from 40' to 19' (as noted on your plan). Staff noted other changes that need to be made to consider your application complete. These items include the following: • Code requires a rear yard setback of 25% of lot depth, to a maximum of 40'. Your lot depth is 200', which would require a 50' setback. However, code requires only a maximum of 40'. THE VARIANCE YOU ARE SEEKING IS TO REDUCE THE REAR YARD SETBACK FROM 40' TO 19'. • Code allows uncovered decks to encroach 3' into the required side yard setback. The proposed decks shown in your plan encroach 5' into the required side yard setback. This also requires a variance. THE VARIANCE YOU ARE SEEKING IS TO INCREASE THE ALLOWABLE ENCROACHEMENT INTO A SIDE YARD SETBACK FROM 3' TO 5' TO CONSTRUCT AN OPEN DECK. • Code requires that drive aisles be 25' in width, measured from inside of curb to inside of curb. The drive aisle as shown on your plans is only 23' in places. This needs to be re-drawn or will require a variance. THE VARIANCE YOU ARE SEEKING IS TO DECREASE THE REQUIRED DRIVE AISLE WIDTH FOR TWO- WAY TRAFFIC FROM 25' TO 23'. • Code requires that a total of 40 square feet of storage be provided per unit. Of this total, 20 square feet must be provided in the dwelling unit itself. These areas mu�� be ctesignated on the plans. • A landscape plan shall be submitted prior to the issuance of a building permit. The planting schedule shown on your plans do not meet the code requirements for 14.12 landscaping. A full landscape plan, which meets all the code requirements must be received and approved by City staff prior to the issuance of a building permit. A copy of the landscaping requirements is enclosed with this letter. Code also requires that when R-3 properties abut areas zoned for single family homes, a landscaped buffer shall be constructed. A portion of your lot abuts an R-1 zoning district to the east of your property. You will need to meet Section 205.09.06.G.(1), by constructing a fence or planting screen. This will need to be noted on your current plans and addressed in your landscape plan. Your narrative letter and statement of hardship causes some concems for staff. The letter spends a great deal of time paraphrasing, from your view point, items discussed with staff. Your letter almost indicates that staff was involved in the development of your plans and endorses your proposal. This was not the case. Staff suggested removing one of the units so that no variances are needed for the project. Your subdivision application will not proceed until the variance application is re- submitted. Please send your fully completed application by April 16�', 1999. If a completed application is received by April 16�', your variance application hearing, discussion, and action will take place at the City of Fridley Appeals Commission Meeting on May 12, 1999 at 7:30 P.M.. Your subdivision application hearing, discussion, and action will take place at the City of Fridley Planning Commission Meeting on May 19, 1999 at 7:30 P.M.. Both meetings will be held in the City Council Chambers at 6431 University Avenue. If you have any questions regarding this letter or the process, please feel free to contact me at 572-3599. Sincerely, Scott Hickok Planning Coordinator PB C-99-77 Paul Bolin Planning Assistant 14.13 � �� j•; �� ; , �I v: ` � � �,i��} �� [�t� ��[ � � <<� � s�l � � t�` � �a! S � � `\ � � `� �� i �t jg a �i . , �:, � � R � � � 1� STATE TRUNK HIGHWAY N= 47 (UNIVERSITY A�/E.) ,. K. ...� ... r .s� r...• r� •�_ � SERVICE ROAO �� '"•�� .- j ��;�_.� � � � �-' . � I .5 �� '; \ � � , � � � . �-1.. .. �. no.0 -- � _ � �� ; � =i { r`O 'i'i�/� o j r I:. 'j _�=L f 1 �- � «.e _ _• � � . J �� S�� '° _ I � � f�� _ �--. r — ► < < ..° , � / - ( � �'1 � \�` ; �� N e `, i� / 1 � ; �� i � � I ,� :, � _ «e � f � � �: ... _ - ( i -� ; �, ;=, ' . � ( . 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SUBCATCHMENT 1 RUNOFF Existing Condition AREA= .6 AC Tc= 10 MIN CN= 54 SCS TR-20 METHOD TYPE II 24-HOUR RAINFALL= 4.2 IN PEAK= 4 CFS @ iZ.01 HRS VOLUME= .92 AF ., , , , �- N � rt L(1 �D i� Ca Q� m .- � � � � r- .-- � � N TIME Chours) 14.20 e uaca Lor r�rlaiey, Mlller-�awor •1•ownnomes rage .s TYPE II 24-HOUR RAINFALL= 4.2 IN Prepared by Applied Microcomputer Systems 1�Pr 99 �ydroCAD 4 00 000808 (c) 1986 1995 Agplied Microcom�uter Systems SUBCATCHMENT 2 Developed Condition PEAK= 1.8 CFS @ 11.97 HRS, VOLUME= .10 AF ACRES CAI .60 79 SCS TR-20 METFiOD TYPE II 24-HOUR RAII�iFALL= 4.2 IN SPAN= 10-20 HRS, dt=.1 HRS Method Comment Tc tmin) DIRECT ENTRY Segment ID: 10.0 1.8 1.7 1.6 I.5 1.4 1.3 4- � • ? u I:9" 3 :7 � .6 � .5 .3 = .2 .1 e.� SUBCATCHMENT 2 RUNOFF Developed Condition AREA= .6 AC Tc= 10 MIN CN= 79 SCS TR-20 METHOD TYPE II 24-HOUR RAINFALL= 4.2 IN PEAK= 1.8 CFS @ 11.97 HRS VOLUME= .10 AF � N r'7 V lfl iD I� W O� TIME Chours) 14.21 .. 0 - - -- �-t � . ��..�. .........� �....�..av.u.:.� YdC�C 4 TYPE II 24-HOUR RP,INFALL= 4.2 IN Prepared �'y Applied Microcomputer Systems ' 1 Apr 99 H roCAD 4.00 000808 lc) 1986-1995 Aaplied Microcomputer Systems POND 2 Detention Pond Qin = 1.8 CFS @ 11.97 HRS, VOLUME= Qout= .4 CFS @ 12.23 HRS, VOLUME= ELEVATION AREA INC.STOR CUM.STOR _ (FT) !SF) fCF) {CF) 862.0 130 0 0 863.0 480 305 305 864.0 910 695 1000 864.5 1200 528 1528 .10 AF .10 AF, ATTEN= 76%, LAG= STOR-IND METHOD PEAK STORAGE _ PEAK ELEVATION= FLOOD ELEVATION= START ELEVATION= SPAI�T= 10-20 HRS, 15.6 MIN 1463 CF 864.4 FT 864.5 FT 862.0 FT- dt=.1 HRS ROUTE II�iVERT OUTLET DEVICES 1 P 862.0' 3.3" ORIFICE/GRATE Q=.6 PI r^2 SQR(2g) SQR(H-r) � 4- u � 3 O J � 1.8 1.7 1.6 1.5 1.4 1.3 i.2 1.1 1.0 .9 .e- .% .6 .5 4 3 2 .1 0.� POND 2 INFLOIJ 8� OUTFLQLJ Detention Pond STOR-IND METHOD PEAK STOR= 1463 CF PEAK ELEU= 864.4 FT i `�� i �� i � -- N r'"l V Lfl Qin= 1.$ CFS Qout= 4 CFS LAG= 15.6 MIN tD I� CQ Q� m � .-- � ^ N TIME Chours) 14.22 0 � � �• �/ . . • s.,:,�. � �. � 'aG `�� . t�'y,�'. .Q'ri , • :;� L�J � �' � w-,:� b.'? t. � � �xr �� ;�: � �: _� s.-t*�-. ''a:Y� �� Y��-� � s�. }'R-.s�' -.,,r. �4 ��.�s � � ►� � i— � I _I I `i �. I I - -- I e I �. n I o � I --- � �� I I I O �. _ i IA 11 , =G� � --. --- ---- — - - -- -=`a. —A-- --- - -- — � z�=}— 1 ` I � � � a��1 I ` F y ----� I n 0 � p 1[ 2 - _� �. � - --- ------ ' ^ r . � ! � -----'� ' - -- — , �! I o i F - - -- — I � - - -- ---.. _ _ � ? I —�- --- a o I- _ r - < � d __'_ � I ti — _ �, _ < -- - �---_ I ��o-�9i ��h=,='z _� __ I ------•-- --- � I _ `— � ,1, �3•�Fl` � ,o-,�� --:7�QY`—�'— -- -�---- �---- Y0•,'� D I '^--- f I � ----�__—�� Y_ -- � d � �_ ' � i � � I I -------o„-----.— -- �t�r U�n�� C s2�c 14.23 �I _ � �I o £ aI : y � �) o F-� �; c �� i � F 0 _� � � Ciry of Fridley TO: William W. Burns, City Manager��(� PW99-095 FROM: John G. Flora, �Public Works Director DATE: April 28, 1999 SUBJECT: Snowbirds As a means of reducing the number of vehicles parked on the citcy streets in the winter, to eliminate the impedance of our snow plowing operation, it is proposed to add a paragraph to chapter 506, Vehicle Parking, Section .04 Unattended Vehicles. The addition which restricts the parking of vehicles on city streets from 2:00 AM to 6:00 AM commencing the first day of November and including the first� day of May of the following year. This amendment is recommended to improve�bur snow plowing efficiency and to improve the safety of city streets during the winter months. Recommend to City Council approve the amendment to chapter 506.04. 15.01 � ox�nrArres xo . AN ORDINANC$ TO AMEND THS CITY COD� OF TH$ CITY OF FRIDLSY, MINNESOTA, BY ADDING SLCTION 2 TO CHAPTER 506.04, IINATT$NDSD VEHICLSS THE CITY COUNCIL OF THE CITY OF FRIDLEY DOES ORDAIN AS FOLLOWS: 506.04. Unattended Vehicles � No person shall stop, park or leave a vehicle unattended upon a street or highway in the City for a period in excess of 24 hours. • .- •� �- .. ._ � • - - - - - - �- .-• .�� _ -- . � •�.- t �- •- --� �- . • �� • • _ u _ . . � � • • , - t •- -- �- ._ • . -��•- • - -- • _• �• �- •_ • �_ • _• • • PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 24TH DAY OF MAY, 1999. ATTEST: DEBRA A. SKOGEN CITY CLERK First Reading: Second Reading: Published: NANCY J. JORGENSON MAYOR 15.02 CITY OF FRIDLEY SNOW GUIDELINES With the approach of winter, the City of Fridley would like to remind all residents of the City Ordinance regarding snow removal. Chapter 514 states: "It is unlawful unless specifically directed or approved by the City to place snow &om private property onto public property including sidewalks, bikeway/wallcway, roads, rights-of-way, and shoulders or upon other property without the owner's approval." The City may give approval for the temporary placement of snow from service stations, private pazking or similar areas onto public property, provided the snow will be removed within 48 hours following its placement on Ciry property, or sooner, if directed by the Public Works D'uector. Further, any resident, owner or lessee, while removing snow or ice causes removed snow or ice to be placed on public property owned by the City, the resident shall become obligated for a removal fee as established in City Code Chapter 11. Violations result in an increasing fee by a multiplier of 10 for each successive violation. Per Chapter 506, no person shall stop, park of leave a vehicle unattended upon a City street between the hours of 2:00 a.m. and 6:00 a.m. between th� 5rst day of November and the first day of May the following yeaz. In addition, following a snowfall event, or due to accumulated snow from blowing and drifting, it is unlawful to park any vehicle on public streets, until public snow removal activities have been completed on that street curb-to-curb. For further clarification or additional information, please feel free to contact the Public Works Offices at 572-3556 between 8:00 a.m. and 4:30 p.m. 15.03 Ciry of Fridley TO: William W. Burns, City Manager��i�- PW99-096 FROM: John G. Flora, �ublic Works Director DATE: April 28, 1999 SUBJECT: Snow and Ice Removal During the winter months, a number of properties pushed snow out into the street and boulevards which impacted the City snow removal activities and/or caused considerable obstruction as a result of snow piles and ice after a city snowplowing operation. The proposed ordinance purpose is to protect the public health and safety by r�stricting the deposition and storage of winter snow or ice on public streets.,or sidewalks, bikeway walkways, boulevards and other public and private property. The ordinance also establishes a penalty system for repeated offenses. Accordingly this ordinance would require the amendment to chapter 11 establishing the fees for repeated snow removal violations. Recommend the City Council approve the first reading of an ordinance establishing Chapter 514 and amending Chapter il, Section 11.10. 16.01 ORDINANC$ NO. AN ORDINANCE BSTABLISHING CHAPT]3R 514 OF TIiE FRIDL$Y CITY COD$ i3NTITLED "PRIVAT}3 PROP$RTY SNOW AND ICE RSMOVAL" THE CITY COUNCIL OF THE CITY OF FRIDLEY DOES ORDAIN AS FOLLOWS: 514.01. PURPOSE l. The purpose of this chapter is to protect the public health and safety arising out of the deposition and/or storage of winter snow and/or ice on the public streets, sidewalks, bikeway/walkway, and other public or private property without the permission of the owner and to provide penalties for violations. 2. Nothing in this chapter shall be construed to prohibit the City snow or ice plowing or removal activities. 514.02. DEFINITIONS The following definitions apply in this Chapter of this Code. Reference hereafter to ^sections" are unless otherwise specified references to sections in this Chapter. Defined terms remain defined terms whether or not capitalized. 1. "Private Property" means property owned by a person, firm, voluntary association or corporation ot�er than a government body, that is not generally open for use by the public. 2. "Public Property" means property that may be used by the public subject to reasonable regulations by a governmental body, including public rights-of-way for streets and highways. 3. "Semi-public Property" means private property generally open for use by the public but not owned or maintained by a governmental body. Such property includes without limitation church property, school property, shopping centers and all other property generally used by patrons of a commercial or private business establishment; including private streets and residential areas. 514.03. SNOW REMOVAL 1. It shall be unlawful unless specifically approved by the City for any property owner to place or have placed snow or ice from their driveway or parking area onto or across the public sidewalk, bikeway/walkway, street or highway which results in piles or rows on the paved surface or upon the boulevard or property of another property owner without permission whether done by him/herself or an agent for him/herself. The Director of Public Works may give approval for temporary placement of snow from service stations, 16.02 private parking or similar areas onto public property, provided the snow will be removed within 48 hours following its placement on City property. 514.04. OWNER RESPONSIBILITY 1. Every property owner is responsible for ensuring that during the winter snow and ice season that residual snow or ice from the driveway and/or parking area is not placed onto the sidewalk, bikeway/walkway, street or another property without the property owners permission during the snow or ice removal activities. 2. The property owner is responsible for any violation of this chapter whether the violation is the result of his/her action or that of an agent for the property owner. 514.05. PENALTIES 1. Upon the first violation of this Chapter each snow season, the property owner will be issued a warning notice. 2. Upon a second violation, a snow removal fee will be imposed per Chapter 11 (General Provisions and Fees). 3. Subsequent violations will each be increased by a multiplier of 1�. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 24TH DAY OF MAY, 1999. ATTEST: DEBRA A. SKOGEN - CITY CLERK First Reading: Second Reading: Published: NANCY J. JORGENSON - MAYOR 16.03 CHAPTBR 11, OBNBRAL PROVISIONS AND F$B3 Section 11.10 "Fees" is amended to include the following: •.. 415 Snow Removal Fee $50 for the second occurrence. Each successive occurrence is multiplied by a factor of 10. 16.04 � � FRIDLEY CITY COUNCIL MEETING OF «n oF MAY 24, 1999 FRIDLEY INFORMAL STATUS REPORTS 17.01