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06/14/1999 - 4653OFFICIAL CITY CITY COUNCIL AGENDA CITY COUNCIL MEETING JLTNE �� 1999 � FRIDLEY CITY COONCIL MEETING �p�t,�r ATTENDENCE SHEET ` M�o�,day, June 14, 1999 � � —.. ° 7:30 P.M. PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN � ITEM PRINT NAME (CLEARLY) ADDRESS NUMBER I � � �`� ,. �� r � . � �;/ � C � � / ;C c c° � �_ � � _�-' , t _. � , �,. ,/� C � . � / `�'' �� '��,i2, 1.��,��',� �/�'l-'� /� •. [-'/� ,� � � "� �� ( a� — %� � ' ' � /�,,� ; � .-- �1 j � f �-� %f��.t_�' �-' �-- � c2 .� �� ',� - .� �• , J-v� - `' � �I `� ' 1 1 `. / l , %�1 , r7. G '� �' (�C ' ,�c-'%�:"� �2; -- C_� � � ��.�.c,.�L {: �G�' � / 11 c; � , r �/�i �� /� r,,�,,��,-"ry�.4� �._�;,�_ C`�:� L-- <� � � .-�t � L '? � . ? ! �'� � � � �j �� - ` ' 1 ;/ ��T J • ��/J�/. . i� �� %� � `-�- �3' s�/ ��i� '�-+vti- Y'CG�'JL � .� � ' !1 '�s-7 V . . , _ / E ,� r G, � � - ,�. ;� � �C'�- "�G ,�;' -' 1', ,; j �� (.L� 6V` I ";, �,��y � �,V � � �� 1 �.,,, �� %-, �^` � ,��'` � � ��d��.' �"�� ^�`. '} i�--1 �s1�� J� . ;,�,�; .- c�J " , ., -i: - , � }"V ry / i, �` , r a l � / --� " k. /, d',z '�� `� i � �� _ , � , . _ �-� ; � �_`t. �. . ,� �. � �� Y� —�_ C; U� . � �� ... � _ J ��c?%t; �•�,��✓�,' .� ��'_'J � ;? �� ;� , r�--_ _ _� �', � 3 �i� �`/ � l 2� �,� ��i � `" ��'. /- 'r / c%L ��f' � � --�� / �,�'�- � , � , , . --='�� n C' C�' }( � �fG��yY"d��,,� �.�2-�'t. �' 5 � , z� �� j , ,, � � , �� .. ii � r� ! % �.,�.� � -� � � ..�i-C_ G �"'�� i'"�,.4i-'�r � � 1'��:r.-..r� G Ul/✓ - � . � � � � � � �-\._S� .� (; � �' , -� �, CL �\1 �i, I .� �� 1 v �i Y. • , s� � • � � C.. y+., l' L_ ('`� � � �' /='�yiL�l�t -., r� �'T r% , / 1r/l,.�t� � / i � < < �/ i- /�c:- ��t�'�. `��-U�`-4�—t - , -� ,- '� � C'� �C i � � � ,a-t�: � ��?ti � _._ f� -'1 1;� ; �rt-: �k., �� .� ��t� i�i: �I _ � � , � �% � �� (� ' ( L.��` %� (,,�%vh. �-�_ — �j'�'�_ r : z ' L -� :,�-Y- l.� �1 v � �' G c'^ ` � �; � ( ( i C? �`� �./ �� t � C�' � � �` c� E �• . � � ��,�.�, � . �� -, <i 1 — �__ ��'. �' �� `, ��e � r r � oF FRIDLEY FRIDLEY CI TY COUNCIL MEETING OF JUNE 14, 1999 ' te a ainst or hazass anY°ne in �e a�ission ° relig on tnat onal ongin� of Fridley will not discrim�a g color, creed, on reQuest, The City To �ns, or activities because of race�d to public assistance. Up or employment in its services, p P� articipate in any of Fridley's a e marital status, sexual orientation or status v`�lth reg ersons with sex, disability, g� interpreter or other p ommodation will be provided to allow individual ersons who n,eed an acc un aired p ices rograms, and activities. Hearing P erv , P 'ds should contact Roberta Collins at 572-3500 at least one wee � S uire auxiliary al disabilities T�/572_3534) advance. ( PLEDGE OF ALLEGIANCE. PRESENTATION: F�d1ey `49er Days Royalty STATE LEGISLATIVE UPDATE. qppROVAL OF MINUTES: 24,� 1999) 't Council Meeting of May � 4, � 999 (7abled May Ci y Cit Council Meeting of May 24, 1999 Y FRIDLEY CITY COUNCIL MEETING OF JUNE 14 19 , 99 APPROVq� OF PRpppSED CONSENT AGEND • A. OLD BUSINESS; PAGE 2 Second Reading of an Ordinance to Arriend the C' Code of the City of Fridley, Minnesota b �� Section 2 to Chapter 506.04, Unattended VeF�icles ........................ 1.01 — 1.02 Second Reading of an Ordinance Establishin Chapter 514 of the Fridley City Code Entitled g "Private Property Snow and Ice Remaval" and Approve Offi�ial Titie and Summary Ordinance NEW BUSINESS: Receive the Minutes of the Planning Commission Meeting of June 2, 1999 ..,,,.. Approve Three-Year Extension on Trailer License For Totino-Grace High School, Generally Located At 1350 Gardena Avenue N.E. (Ward 2) ,..,.. ....................... � ...... 2.0 — 2.05 .......................... 3.01 — 3.07 ......... ... 4.01 — 4.02 �� Approve Joint Powers Agreement Between the City of Fridley and County of Anoka for the Reconstruction of East River Road from Osborne Road to Mississippi Boulevard .....,,. ................................. .............. 5.01 — 5.15 FRIDLEY CITY COUNCIL MEETING OF JUNE 14, 1999 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): Approve Lease Between the City of Fridley and Lyndale Terminal Company for the Fridley Liquor . 6.01 Warehouse Store (Ward 3) •••••••••••��'�"""""""" ......................... PAGE 3 Approve Architectural Agreement befinreen the City of Fridley and KKE Architects for the Construction of a Fridley Liquor Warehouse at Cub Foods (I-694 and University Avenue) 7 �� — 7 2� (Ward 3) ...................�..................................... .......................... Motion to Approve the Commitment of Funds for the $ o� _$ 02 Upg�ade of Election Equipment in the Year 2000 ....................... Establish a Public Hearing for July 12, 1999, to Discuss Proposed Chapter 409 to the Fridley City Code Establishing Franchise Fees for 9.01 Electric and Gas Utilities ............................................................ lo ees ............... 10.01 Appointments: City Emp Y ........................................ Claims ......................... 11.01 .............................................................. FRIDLEY CiTY COUNCIL MEETING OF JUNE 14, 1999 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUEDI• Licenses Estimates PAGE 4 .................................................... .................................. 12.01 —12.11 ....................................................................................... 1 3.01 ADOPTION OF AGENDA. OPEN FORUM, VISITORS: (Consideration of Items not on Agenda - 15 Minutes) PUBLIC HEARINGS: Review of Special Use Permit, SP #99-01, by Holiday Companies, for Motor Fuel Sales and a Car Wash Establishment and to Terminate Previously Granted Special Use Permit, SP #75-28 for Motor Fuel Sales, Generally Located at 5695 Hackmann Avenue (VVard 2) ••.•••.••••••••.•.... 14.01 � 14.09 FRIDLEY CITY COUNCIL MEETING OF JUNE 14, 1999 PUBLIC HEARINGS (CONTINUED): Rezoning Request, ZOA #99-02, by the City of Fridley, to Rezone a Parcel from R-2, Two Family Zoning, to R-3, General Multiple Units Zoning, Generally Located at 7411 University Avenue N.E. (Ward 1) .................................................:..................................... OLD BUSINESS: 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) (Tabled May 24, 1999) ..................................... 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) (Tabled May 24, 1999) ........................................................... NEW BUSINESS: First Reading of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA #99-02, by the City of Fridley, for Property Generally Located at 7411 University Avenue N.E.) (Ward 1) .................. ....................................................... b7 15.01 — 15.10 16.01 —16.19 17.01 — 17.13 18.01 —1 �.�2 i � FRIDLEY CITY COUNCIL MEETING c�F _i� w� ,w �nee ., NEW BUSINESS (CONTINUED)• rH�t Approve Special Use Permit, SP #99-01, by Holiday Companies, and Terminate Previously Granted Special Use Permit, SP #75-28 for Motor Fuel Sales, Generally Located at 5695 Hackmann Avenue (Ward 2) ..:.................. 19.01 — 19.03 Motion Granting Preliminary Approval of an Amendment to the 1999 — 2000 License for Cash-N-Pawn for the Relocation of the Business to 57`h Avenue and Main Street (Ward 3) ................................................ 20.01 — 20.03 Appointment to Cable Television and Telecommunications Advisory Commission ......................................... 21.01 Informal Status Reports ....................................................................... 22.01 ADJOURN. > +s .. . . ��q�L-. � � f `,� � J � FRIDLEY CITY COUNCIL MEETING OF JUNE 14, 1_�, � 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, sexuai 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 Col(ins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. PRESENTATION: Fridley `49er Days Royalty STATE LEGISLATIVE UPDATE. APPROVAL OF MINUTES: City Council Meeting of May 10, 1999 ��} ��, � (Tabled May 24, 1999) � C�� Ciiy Council Meeting of May 24, 1999 ��(�3 �C�/�� APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: �nJ� `�QQ. Second 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 .................................. 1.01 - 1.02 !J- ��'�g� Second Reading of an Ordinance Establishing Chapter 514 of the Fridley City Code Entitled "Private Property Snow and Ice Removal" and Approve Official Title and Summary Ordinance ................................... 2.01 - 2.05 � G ��D� �' \ NEW BUSINESS: Receive the Minutes of the Planning Commission Meeting of June 2, 1999 .............................. 3.01 - 3.07 P�� `-� Approve Three-Year Extension on Trailer License For Totino-Grace High School, Generally Located At 1350 Gardena Av�nue N.E. (Ward 2) ..... 4.01 -4.02 �� t1 C� �I�Q Approve Joint Powers Agreement Between the City of Fridley and County of Anoka for the Reconstruction of East River Road from Osborne Road to Mississippi Boulevard .................... 5.01 - 5.15 � � v ec� �� i Approve Lease Between the City of Fridley and Lyndale Terminal Company for the Fridley Liquor Warehouse Store (Ward 3) .......................... 6.01 �� p� � � �,�v-� �' Approve Architectural Agreement between the City of Fridley and KKE Architects for the Construction of a Fridley Liquor Warehouse at Cub Foods (I-694 and University Avenue) (Ward 3) ................................... 7.01 - 7.20 (� ��(-D �� Motion to Approve the Commitment of Funds for the Upgrade of Election Equipment in the Year 2000 .................................. 8.01 - 8.02 Pr��c� �� • FRIDLEY CITY COUNCIL MEETING OF JUNE 14, 1999 APPROVAL OFPROPOSED CONSENT AGENDA: NEW BUSINESS: Establish a Public Hearing for July 12, 1999, to Discuss Proposed Chapter 409 to the Fridley City Code Establishing Franchise Fees for Electric and Gas Utilities ....................... 9.01 ��p�fo v �� Appointments: City Employees ............. 10.01 Claims Licenses Estimates �. �O Pr� �ecP ............................... 11.01 �,�Pra�ec� .................................. aPP�°�e�. .................................. C�_� P t�b U � 12.01 —12.11 13.01 ADOPTION OF AGENDA. � � _ ; � e� l� — p v, � U.,�-�,�,►' U � � 1� �5 , �o �� u� , � � � � � '� �� o.(� p �� `�' o�n a� OPEN FORUMUVISITORS: "��` � �G �` � ti�,c°� � `� (Consideration of Items not on Agenda - 15 Minutes) :� � ��' PUBLIC HEARINGS: Review of Special Use Permit, SP #99-01, by Holiday Companies, for Motor Fuel Sales and a Car Wash Establishment and to Terminate Previously Granted Special Use Permit, SP #75-28 for Motor Fuel Sales, Generally Located at 5695 Hackmann Avenue (Ward 2) .................................. 14.01 — 14.09 �%t� ��- P� � � � � e �� I sr� � �� `�� - J�' �r� �-- , � .. , �-._ � u PAGE 2 PUBLIC HEARINGS (CONTINUED): Rezoning Request, ZOA #99-02, by the City of Fridley, to Rezone a Parcel from R-2, Two Family Zoning, to R-3, General Multiple Units Zoning, Generally Located at 7411 University Avenue N.E. (Ward 1) ................................... 15.01 —15.10 /. ��,�=�� "�� 1 OLD BUSINESS: j�� -Y'�� '. D � � � 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) (Tabled May 24, 1999) ................................... 16.01 —16.19 � g�� -� �°� �� _ �� a �� . 3 �° ,�� Plat Request, P.S. #99-02, by Timothy Jawor,C To Create Eight Separate Lots in Order to Construct a Seven-Unit Townhome Structure, Generally Located at 7411 University Avenue N.E. (Ward 1) (Tabled May 24, 1999) ............ 17.01 —17.13 �;�1� Q!�'-� �S %i -- 6 z. � �� z�° �.� n C. NEW BUSINESS:"`'� f�l�p� -}(�h,2e- u''�+'I nexi- cc M �. First Reading of an Ordinance to Amend the �-� � City Code of the City of Fridley, Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA #99-02, by the City of Fridley, for Property Generally Located at 7411 University Avenue N.E.) (Ward 1) .......................... 18.01 — 18.02 ��1� C�.GL ,� �� Approve Special Use Permit, SP #99-01, by Holiday Companies, and Terminate Previously Granted Special Use Permit, SP #75-28 for Motor Fuel Sales, Generally Located at 5695 Hackmann Avenue (Ward 2) , ................................... 1 � 1 — 19.03 ° �,(�li/�� f0 ��a� ��-!� �f� �/ — � , � � �� ''�� ,�d�� 1� � �� - , .� ��'_�� 5��,� � � �n�'�_ �� ` ��. �� zS-z� o s�� pr� s..�� r��'�sli Q�� , � .. �. � . � � . FRIDLEY CITY COUNCIL MEETING OF JUNE 14, 1999 NEW BUSINESS (CONTINUED): Motion Granting Preliminary Approval of an Amendment to the 1999 — 2000 License for Cash-N-Pawn for the Relocation of the Business to 57`h Avenue and Main Street (Ward 3) . 20.01 — 20.03 ��! � � �m e-zc:� � ��' ��"' � � Ui c-e- o�-r► G� �' ��J �� ` �-�' � �G . F Appointment to Cable Television and Telecommunications Advisory Commission .................................. 21.01 �lA'� � i2� : '� ��`� �� / �2a-� � �S� Informal Status Reports ......................... 22.01 1�,1� - ��e,�t �d-e.� �=��'�,t,�a --e�'`:�"' ADJOURN. �� A. I�� 1,. �� /� PAGE 3 I q. �C�n�'n ue d� Q- � °� , `� S�-,�� . � � --a7,us : �g� � �� Z.,�r a��r �'��' �� .�'/,�' u�� f/,� Gr � c-f�s o..� �� cl �. ,Gr`h G� CG �`i�ii..�' f l� ,S'12CC�1 � C,C C' C'_-d-m 0 al ac�GP al � �1� �i r�? �. � � �'��-- �� e� U� � c�es �uc�.� �. �r� �. � � �� v1-� �-� � �� v�� • U� � s'��-~� c ts, �yrGGr,c °� /�,� CJ / %-� �'� � �� - � � �z_ d � , �� , .� n,� � �� _ � � �r� � ��^ o� � ;�-'"'�' .��-� � � ,c.�Gs�ca.� .1L"r'ue. ��, c a v�v . �'�z� � f� � �? o-y d�-�'-7r Z� �LS } THE MINUTES OF THE FRIDLEY CITY COUNCIL MEE'I'ING �?F MAY 10,1999 r k j` . . � � � . � � � / . . '� �� . . � . . � ' , . .. � THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF MAY 10,1999 The Regular Meeting of the Fridley City Council was called to order by Mayor Jorgenson at 7:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Jorgenson led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Jorgenson, Councilmember Barnette, Councilmember Billings, Councilmember Bolkcom and Councilmember Wolfe . MEMBERS ABSENT: � None PROCLAMATION: Police Week : May 10 —16, 1999 Mayor Jorgenson read a proclamation declaring May 10 — 16, 1999 as Police Week in the City of Fridley. Dave Sallman, Public Safety Director and Sergeant Don Abbott were present to receive the proclamation. Sergeant Abbott invited the Council to attend a"Color Guard" service on May 15, 1999 in honor of the 207 officers that had died in Minnesota; 4 being from Anoka County. The event would start at 8:00 a.m. with Memorial Guard, a 15k race and ending with a candlelight service at 7:30 p.m. Public Works Week: May 17 —23, 1999 Mayor Jorgenson read a proclamation declaring May 17 — 23, 1999 as Public Works Week in the City of Fridley. Paul Lawrence, Ken Holmstrom, Jim Saeflce and Jim Brindley of the Public Works Department were present to receive the proclamation. APPROVAL OF MINUTES: Board of Review and City Council Meeting of Apri126,1999 MOTION by Councilmember Barnette to approve the Board of Review and regular City Council minutes of Apri126, 1999 as presented in writing. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAY4R JORGENS�I�T DECLARED THE MOTION CARRIED UNA1vIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF MAY 10,1999 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: 1. ORDINANCE NO. 1124 AMENDING THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA TO REPEAL CHAPTER 404, ENTITLED "GAS FRANCHISE" AND ADOPT A NEW CHAPTER 404, ENTITLED ��GAS FRANCHISE" Mr. Burns, City Manager, explained that this ordinance repeals the existing gas franchise that is scheduled to expire in 2003 and replaces it with a new 20-year franchise. This franchise is a non-exclusive franchise that gives Minnegasco the right to use our streets for their gas lines and other facilities. It also establishes the terms and conditions for their use of our streets and establishes the framework for establishment of franchise fees, should we choose to implement them. Staff recommends Council's approval of the second and final reading and the official title and summary ordinance. WAIVED THE SECOND READING AND ADOPTED ORDINANCE NO. 1124 AND ORDERED PUBLICATION OF THE OFFICIAL TITLE AND SUMMARY ORDINANCE. 2• ORDINANCE NO. 1125 AMENDING THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA, TO INCLUDE A NEW CHAPTER 408, ENTITLED "ELECTRIC FRANCHISE." Mr. Burns, City Manager, explained this is a nonexclusive 20-year franchise. As in the case with the Minnegasco franchise, it gives NSP the right to use our City streets for their power lines and other electric facilities and sets the terms and conditions for this use. It also establishes the terms for franchise fees, should we choose to implement them. Staff recommends Council's approval of the second and final reading and the official title and summary ordinance. WAIVED THE SECOND READING AND ADOPTED ORDINANCE NO. 1125 AND ORDERED PUBLICATION OF THE OFFICIAL TITLE AND SUMMARY ORDINANCE. 3. ORDINANCE NO. 1126 RECODIFYING THE FRIDLEY CITY CODE, CHAPTEIt 205, ENTITLED ��ZONING," BY AMENDING SECTIONS 205.03 AND ADDII�IG SECTION 205.04.10 (ZONING TEXT AMENDMENT, ZTA #99 O1, BY MEDTRONIC, INC., FOR PROPERTY GENERALLY LOCATED AT LAKE POINTE DRIVE AND BRIDGEWATER DRIVE) (WARD 1) Mr. Burns, City Manager explained this ordinance creates and 8.5' x 18' parking stall and minimum drive aisle width of 24' for multistory parking structures. Currently, these stalls 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 CHD VELOPMENTI AND T HE DEPARTMENT OF TRADE AND ECONOMI rTmV !1F FRT111.EY FOR HARKER'S DISTRIBUTION� INC. (wA� 3) �l 1 1 vi + - -- - Mr. Burns, City Manager explained that under the terms�s Distribut oneInc.h Th symoney be the recipient of a loan/grant of $45,000 for Harker would be given to Harker's for the purchase of equipmi � he Crty e Thecloan is t Sbe Commerce Lane under the terms of a loan agreement A ril 20, 2001. The given if Harker's creates the 20bebs�it oac ps thesloan�agreement and to abide by the City's main responsibility wil P Department of Trade and Economic Development's reporting requirements. Staff recommends Council's approval. APPROVED GRANT AGREEMENT BETWEEN�T DEVELOPMENTI ANDST HE DEPARTME DLEY FOR HARKER'S DISTRIBUTION, INC. CITY OF FRI 5, APPROVE LOAN AGREEMENT BETWEEN THE CITY OF FRIDLEY AND HARKER'S DISTRIBUTION, INC. (WA� 3 • Mr. Burns, City Manager explained that this agreemenc pTheloan will be m de fo �a $45,000 previously men tione d t o H a r k e r s D i s t r i b u t i o n, I n term o f 2 y e a r s a t a n interest rate of 5%. It will be forgi en d s C ounc 1' s p p r o v a le �o b creation requirements within the allotted time. Staff recomm A PPROVED LOAN AGREEMENT BETWEEN THE CITY OF FRIDLEY AND HARKER'S DISTRIBUTION, INC. 6. APPROVE AN EXTENSION TO VARIANCE REQUEST, VAR #98-09, BY KIM MILLER OF MILLER FUNERAL HOME, TO ALLOW THE REDUCTION OF THE SID�E YARD SETBACK FROM 80 FEET TO ED AT 62 0 HIG W AI 65. ADDITION AND C A N O P Y, G E N E R A L L Y L O C A T WARD 2 Mr. Burns, City Manager explained that this variance�e3plfeeto MileriFuneral1Home has reduces a side yard setback requirement from 80 feet t FRIDLEY CITY CpiTNCIL MEETING OF MAY 10,1999 PAGE 4 completed most of the design for their improvement, but needs additional time to com lete the work. Staff recommends Council's approval. p GRANTED AN EXTENSION TO VARIANCE REQITEST, VAR #98-09 TO ALLOW THE REDUCTION OF THE SIDE YARD SETBACK FROM 80 FEET � TO 37 FEET FOR A BUILDING ADDITION AND CANOPY, GENERALL LOCATED AT 6210 HIGHWAy 65. Y '1• RECEIVE BIDS AND AWARD CONTRACT FOR FIRE AppARATUS EXHAUST/MAKE_UP AIR rRO,TECT NO. 334. sAY Mr. Burns, City Manager, noted that the City had received bids from three differen vendors for this work. The low bid was received from Alta Mechanical Company in the amount of $27,035. This �rork 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 Alt Mechanical Company in the amount of $27,035. a RECEIVED THE FOLLOWING BIDS FOR FIRE AppARATUS gAy EXHAUST/MAKE-UP AIR PROJECT NO. 334: Bidder Alta Mechanical Company Yale, Inc. New Mech Total Bid $27 30 5 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,p35.00. 8• RESOLUTION AUTHORIZING THE SIGNING OF AN EMPLO AGREEMENT BETWEEN FIREFIGHTERS AND THE CITY OF FRIDLEYT .MENT 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 yeax. 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 after 5 years of employment with the City). Staff recommends the Council's app ovalhours 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 NIr. 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 gazage. 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 enforcement 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 Iook 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 State. 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 MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 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 MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. OLD BUSINESS: 13. SPECIAL USE PERMIT SP #99-01, BY HOLIDAY COMPANIES, FOR THE CONSTRUCTION OF A HOLIDAY STATIONSTORE, GENERALLY LOCATED AT 5695 HACKMANN AVENUE NE (WARD 2)(TABLED APRIL 26,1999) MOTION by Councilmember Barnette to remove this item from the table. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Hickok, Planning Coordinator, stated this is a request by Holiday Companies to allow the construction of a motor vehicle fuel station and car wash in an area zoned C-2 at 5695 Hackmann Avenue. He presented an aerial photograph for the southeast quadrant of Old Central, Highway 65 and Hackmann Avenue. Mr. Hickok stated that in 1975, the property was rezoned from C-1 s to C-2; however, the zoning maps were not updated to reflect that zoning. It is shown on the zoning maps as being C-1, but that is inaccurate. It is truly zoned C-2, and there are two parcels of land. This property has been used as a service station since the 1950s. The existing special use permit for the site was issued to Union 76, prior to Citgo's �operations on this site, for motor fueling operations. The special use permit befare the Council this evening also includes a car wash. Mr. Hickok stated there is a wooded site to the south and the developed Citgo site to the northo Residential homes are to the east and an apartment complex to the south. The pazking and draina�� plan both meet the code requirements. There is some drainage to this site from the apartmenf �ts FRIDLEY CITY COUNCIL MEETING OF MAY 10,1999 PAGE 9 and residential sites; however, this has been accommodated by an on-site pond. r. Hickok stated the site will have improved access to Highway 65 an o�le Cher �Wanasda poss ble M be no unreasonable demand on the existing utilities. He stated st wetland issue and two wetland consultants ha�e reviewed the site totdeis olt likelye a we land cand wetlands. Mr. Hickok stated that it has been concluded the s additional soil testing wi11 be completed by June 15, 1999. If non-exempt wetlands are found, the special use permit will be null and void. Mr. Hickok stated staff received three letters from neighborhood cess vesno ec 24-hour operaton, the Planning Commission,er�round shorage tankssen g onmental disputes, and property values. He drainage, the car v�'ash, und g stated that staff does address these issues in the stipulations. M r. Hickok stated several other Holiday facilities in the metro enter talcen during the day and photographs of the Holiday stations m Crystal and Brooklyn C He stated the evening. The lighting is different at these two locations because of a lighted canopy. canopy for this facility would not be lit. Mr . Hickok stated the Planning Commission recommended denial of �S alues,uand the lgeneral on the discussion regarding theetneffihborhood. S�He stat d there was one dissenting vote as this health, safety, and welfare of th g Commissioner felt the zoning was proper. Mr. Hickok stated staff is recommending approval of this spe as well as carlwashes, with a specnal He stated gas stations are permitted in this C-2 zonmg distnc , use p ermit. Mr. Hickok reviewed the 20 stipulations recommended b andsca i geS ap s oarm t pond testing, litter control, parking lot require m e n t s, d r a i n a g e an P maintenance agreement, canopy lighting, car wash hours of operation, tanks and venti lation, rcom volume, informational signage for traffic and residentiaol ade e n and mat rials and mte g filtration devices, outdoor sales and storage, underground imgat , fencing. r. Hickok stated that the petitioner has provided information r4g out gTh�traffic�consultant has M additional 84 trips per day generated by this facility, 42 in and Hackmann Avenue to Old Central, indicated that the number of trips through this intersection, ercent of the combined with the queuing on this leg of the intersecti�o� �and spaceaon the end of the separation time. There is adequate distance for the p.m. peak h island for stacking. ' kok stated the ITE standards for a motor fuel operation were useo s ation;�however, theyrare Mr. Hic p s as the Crtg additional trips. �ent f hion �There wil beefour is ands with pumps on either side. He stated arranged m a differ with the convenience store and car wash, this would generate additional tnps• Mr. Hickok reviewed the traffic counts along Trunk Highway 65. The average daily tr�� is FRIDLEY CITY COITNCIL MEETING OF MAY 10,1999 PAGE 10 46,000 vehicles to the south and 36,000 vehicles to the north of this intersection of Trunk Highway 65. The average daily traffic on Old Central to the east of Trunk Hac�� and 8,300 and 2,800 to the west. The average daily traffic along Polk Street is 1 200 lghway 65 is Hathaway Lane. , and 3,000 on Mayor Jorgenson stated that, according to the information received by Council significant decrease in tra�c in early March. She felt that once the road construction i�ere was a there will be an increase in traffic. She stated the De completed, tried to get the City to agree to a four-lane highway on Oa ld C ntra1T o e�er,tthe Cid the County favor. She stated from West M o o r e L a k e D r i v e, O l d Centra l, Hackmann, and TH 65 � W as n o t i n 4 6,000 vehicles per da y goin g t h r o u g h t h a t i n t e rsec tion. T he number of vehicles e t h e C i t y h as I- 694 is 93,000 and 103,000 westbound. astbound on Mayor Jorgenson stated that all the residents from Matterhorn Drive s the Hackmann/pld Central intersection or proceed to Innsbruck Drive �if thed t�,e ccoss through opposite direction. Y g mg in the Councilmember Wolfe stated with the traffic survey being done in March, traffic had because of the construction. He stated once construction is completed, traffic will be bac decreased it was in 1996 plus there will be additional traffic. k to where Mayor Jorgenson stated her home is right behind this site and Councilmember Wolfe' approximately a block away. She stated she is aware of the residents' concerns in nh me is through this intersection. �'Y g o get Councilmember Bolkcom questioned the existing level of service and the ost-dev of service for this intersection. P elopment level Mr. Hickok stated there would be no changes in the level of service from the additional d Holiday's consh-uction. All the approaches from the north, east, south, and west retain emand by level of service. the same Mr. Dave Hoeschen, Holiday Companies, stated that even though the traffic stud w March, counts were not used when the road was under construction. The tr�c c nsulas done in previous counts obtained from the Department of Transportation. ants used Mr. Howard preston, from BRW and tr�� consultant for Holiday Com anies analysis was done by the Department of Transportation for the March, 1999 report taHe at tr�c was done prior to closing the median so all the movements could be counted. ed thi� Councilmember Bolkcom asked if traffic counts were available from 1996 to 1999. Mr. Flora, Public Works Director, stated these are taken only every four years. In 1999 �v counts were taken, all the intersections were operational and functional. hen �� FRIDLEY CITY COUNCIL MEETING OF MAY 10,1999 PAGE 11 Mayor Jorgenson stated with the construction, there are two lanes where motorists have to swerve around concrete barriers. A lot of people are not using those intersections and takinS alternate routes. She asked if there was any data available on Hackmann Avenue and Old Central. Mr. Preston stated that due to the construction, new traffic was not counted and estimates were taken based on the Department of Transportation's counts. He stated when the analysis was done, they did not have any values on the Hackmann Avenue approach. Using all the values on Old Central and values from the Holiday station, there is a"C" level of service and little or no problem for the Hackmann approach to Old Central. Mayor Jorgenson questioned the traffic volume for Hackmann Avenue and Old Central. Mr. Preston stated there are 387 vehicles per hour for westbound traffioach, there are 72 vehicleg vehicles per hour for eastbound traffic. He stated for the Hackmann app per hour during the peak periods. Mayor Jorgenson asked if the traffic data given to Mr. Hickok mirrored these figures. Mr. Preston stated those figures were for a 24-hour period so this would be a fraction of those volumes. Mayor Jorgenson stated there are 1,200 and 3,000 vehicles per day using Polk Street and Hackmann Avenue that need to access onto Old Central. Mr. Preston stated an estimate would have to be done on what percentage of those trips occurred in the peak hours and the direction the motorists were headed. He stated he estimated the peak hour volumes based on Old Central. There are 8,000 vehicles per day on Old Central, with 387 vehicles westbound and 558 vehicles eastbound. The 387 an�e geak hours.�The numbers he900 d are between eight to ten percent of the traffic occurs duri g p higher than what is shown on the map. Mayor Jorgenson stated the map shows 7,000 vehicles per day pass Woody Lane and Old Central and traffic increased by 1,000 vehicles to Moore Lake. She stated that with the 3,000 vehicles from Hackmann, this increases the count to over 10,000 additional vehicles. Mr. Preston stated that not all the 3,000 vehicles are making a left turn to go to Central Avenue. Some motorists will be making a right as they come from Hackmann Avenue. Councilmember Wolfe asked when the traffic counts were taken. Mr. Preston stated the counts were done for three hours and the largest number during four consecutive 15-minute periods was used. The traffic generated from the Holiday site was th� highest for a gas station. He stated the largest number of existing counts was added to the largest number for the proposed development. FRIDLEY CITY COUNCIL MEETING OF MAy 10,1999 PAGE 12 Councilmember Bolkcom asked Mr. Preston how they arrived at the figure of 84 vehicles. Mr. Preston stated the proposed traffic generation from the new Holiday store would be 144 vehicles during peak hours, 72 in and 72 out. He stated the Citgo counts had been taken by the Department of Transportation in March, amounting to 30 vehicles, so this figure was subtracted from 72 to arrive at 42 or a total of 84 in and out. Councilmember Bolkcom asked if the 144 estimated trips for Holiday is what a normal as station would have during peak periods. g Mr. Preston stated there is a standard reference, the Institute of Transportation Engineers (ITE) trip analysis, which traffic engineers use. There are three land uses listed for service stations; one for only a service station, another for a station and convenience store, and still another for a station, convenience store, and car wash. He stated every time another element is added, the traffic count goes slightly higher. Councilmember Bolkcom asked if the traffic counts take into consideration the proximity of a freeway or highway. Mr. Preston stated the ITE uses an analysis of 13.8 trips per fueling station during peak hours and, taking into consideration the regression line, this would amount to 110 vehicles per hour. He stated their figures were slightly higher at 144. Councilmember Bolkcom stated that some of the neighbors were concerned due to the close proximity of the freeway and a busy highway, as well as Moore Lake beach. Mr. Preston stated there are advantages for Holiday to be located on a roadway where there is high traffic volume. He stated potential customers may already be using these streets and some may live in the neighborhood. Mayor Jorgenson stated that most shopping centers locating in an area do a queuing analysis, taking into consideration the population, density, and highways. She was surprised this was not included in the traffic analysis. Mr. Preston stated there was a queuing a.nalysis on the westbound approach. Mayor Jorgenson asked how many vehicles could be stacked on the new segment of Hackmarix� Avenue. Mr. Flora stated there is 100 to 125 feet so there is space for six or seven cars. Mayor Jorgenson asked how many vehicles could be stacked between TH 65 and the median. Mr. Flora stated there is about 345 feet so there is space for 15 or 16 cars. FRIDLEY CITY COUNCIL MEETING OF MAY 10,1999 PAGE 13 Mayor Jorgenson asked how many cars can safely make it through the traffic signal. Mr. Flora stated it all depends on the timing set by the Department of Transportation. Mr. Preston stated there will be an additional traffic lane. As it exists today, there is only one lane with 373 vehicles trying to make the left turn. When this project is completed, there will be two lanes for 390 vehicles, which is significantly less for a queue because there are two lanes for the left turn. Mayor Jorgenson stated that during the time the highway was open to traffic going westbound, five vehicles could make it through the traffic signal. She questioned if 15 vehicles could make it through this signal with the two lanes of traffic. Mr. Preston stated it takes about two seconds per vehicle to get through the signal which is about ten seconds long. Mayor Jorgenson stated traffic is sometimes backed up at this intersection all the way to 53rd Avenue. Mr. Preston stated the longer the signal for the side street, the less time for heavier traffic on Highway 65. He stated the new design should be better because of the dual left turn lanes. Mayor Jorgenson stated this is not the intersection design preferred by the State. She stated both the State and County wanted to remove residential properties to have Polk Street a through street to Old Central. Mayor Jorgenson stated the City did not want to remove single family homes to accommodate this design. Mr. Flora stated the design of this intersection is an improvement for Hackmann Avenue and provides additional stacking. Councilmember Billings sta.ted in Mr. Preston's memo to Holiday, he indicates the average daily traffic on Highway 65 east of the intersection is 8,300 vehicles compared to the 1996 figure of 8,000. He questioned if you consider vehicles that are already in the area, if this estimate of 144 trips per day and 84 new trips would be smaller. Mr. Preston stated that traffic generation to the driveway at Holiday would be expected to remain at 144 vehicles. He stated in the traffic analysis of Highway 65, it has been suggested that_the bulk of the 144 trips are already on the road system. He stated they assumed these were new trips, except the 30 taken into consideration for the existing Citgo station. Councilmember Billings stated that some of these vehicles in and out of Old Central may already be on the roadway because they are in the area. The argument that it is already a high volume area, in some ways, relates to the figures because that would be an advantage to Holiday that the numbers are already there and they will not create more than 84 trips in and out of their driveway. Mr. Preston stated they assumed the 42 trips in and 42 out was a net increase. FRIDLEY CITY COUNCIL MEETING OF MAY 10,1999 PAGE 14 Councilmember Billings stated the 84 trips per day then is a worse case scenario and wanted to make sure he was clear on the numbers. Mr. Preston stated he felt this was a reasonable scenario. He stated they tried to be conservative on this number. Councilmember Bolkcom asked if most of their business would come from the immediate neighborhood. Mr. Hoeschen stated he did not have the answer to that question, but hoped their store would serve the neighborhood. Councilmember Bolkcom asked if_the store would bring in a lot of people that are not already in the neighborhood. Mr. Hoeschen stated most people purchase gasoline close to where they live. When looking at an analysis of this store, people do shop where it is convenient. He stated if it is not convenient to get off and on the freeway, people will not shop at their store. He felt they will have a balance from the freeway and those motorists using Highway 65. Mayor Jorgenson asked Mr. Hoeschen if Holiday was counting on business from Medtronic which will be located across the street. Mr. Hoeschen stated he would expect some traffic and patronage from Medtronic. Mayor Jorgenson stated this was not taken into consideration in the traffic analysis. Mr. Hoeschen stated that it was included in the traffic analysis. Councilmember Bolkcom stated she wondered what percentage of the business would come from Medtronic in that they will be located across the street. Mayor Jorgenson stated she has purchased gas at the Citgo station for 23 years. There are people from other areas of the City, as well as neighboring communities, who also purchase their gas there. Mayor Jorgenson felt the employees of Onan and Medtronic would use this facility to purchase gasoline. There are several peak periods from 6 a.m. to 9 a.m., 11 a.m. to 1 p.m., and 3 p.m. to 6 p.m. She stated that Fridley is not the typical bedroom community, as there are many people coming into the City to work. There will also be additional traffic with the Medtronic development. Mayor Jorgenson quoted the following paragraph in the memorandum from Mark Nelson, I3oliday Companies, to Howard Preston and Craig Rasmussen, dated April 29, 1999: "It should �.1s� �� noted that the proposed site for the Medtronic Campus would be accessed on the west leg of f_h�� FRIDLEY CITY COUNCIL MEETING OF MAY 10,1999 PAGE 15 intersection. A higher volume of traffic due to that development could possibly impact the operation of this intersection but would be uniikely to change the conclusion that Holiday traffic does not cause serious congestion at the intersection. Therefore, forecasts of Medtronic volumes were not considered by BRW, Inc. in these analyses". She felt this was a flaw. Mr. Hoeschen stated his understanding of the issue is when Medtronic's construction is completed, there will be an elevated level of tr�c that may impact the intersection, so it may be worse than it is today. He stated what BRW is saying is that regardless of the numbers, the number of cars Holiday is generating will not significantly impact that grade level. Mr. Hoeschen stated it is his understanding that their property is allowed to generate additional traffic, but not cause a traffic hazard. Mr. Hoeschen stated there are a number of persons in the neighborhood who do not want them at this location. He stated these are people we want as our customers and it is disquieting to hear that we are not wanted. He asked Council to look at this property in a straightforward manner. Mayor Jorgenson stated that is understandable and the Council does very clearly look at the legal aspects of that intersection and Holiday's ability to do business. Mr. Hoeschen stated it would be unfair to restrict traffic generation from this property and not all other properties. Councilmember Wolfe stated the existing gas station has a number of kids hanging out to get candy, pop, etc. He stated that people from the beach will not only increase vehicle tr�c, but also the pedestrian traffic. He felt there is a safety issue with people trying to cross at this intersection to access the store. Mr. Hoeschen stated, technically, Holiday would not be offering that many different things than what is now available. Councilmember Billings stated that Stipulation No. 9limits the car wash hours of operation from 6 a.m. to 11 p.m. He asked Mr. Hoeschen if Holiday would consider limiting the hours from 7 a.m. to 11 p. m. as a gesture of good will to the neighborhood. Mr. Hoeschen stated they would gladly limit the hours from 7 a.m. to 11 p.m. Mayor Jorgenson stated the people residing in the apartment complex would be very appreciative. Mayor Jorgenson stated she had a number of telephone calls and contact with residents in the neighborhood. She stated that former Councilmember Schneider has also received a number of calls. He is in attendance to address some of the comments he has received from former constituents. Mr. Jim Wolfe, 1265 Hathaway Lane, asked how persons coming down Hackmann Avenue get to Old Central to go west. . FRIDLEY CITY COUNCIL MEETING OF MAY 10,1999 PAGE 16 Mr. Flora stated that motorists would have to go around the island, but there is a longer distance between Highway 65 and Hackmann Avenue. He stated there would be a right turn lane, a through lane, and two left turn lanes. Ms. Ann Williams, 5760 Hackmann Avenue, stated that any vehicles coming from I-694 and Highway 65 will have to come up Hackmann Avenue and then into the gas station. She stated she has lived on Hackmann Avenue over 30 years and it has been a nice neighborhood. She felt that because of the increased traffic, this development would not be favorable for the young children who have moved into the neighborhood. Ms. Williams stated her concern is if the store will be maintained and who will be responsible for picking up debris in the neighborhood. She stated even though there will be the same number of gas pumps that exist now at the Citgo station, there will be an additional volume of people purchasing gas. Ms. Williams stated she was also concerned with the delivery trucks for the gas, as well as the convenience store, and the time of their deliveries. She stated her driveway is deteriorating because she has so many cars turning around in it. She stated she was very concerned about this development, and allowing it to come into the neighborhood is only the beginning of deteriaration for the neighborhood. Councilmember Barnette asked Ms. Williams if she believed this gas station would significantly change the neighborhood. Ms. Williams stated there will be increased traffic and she believed there would be more than 42 additional cars. She is concerned about the children coming from the beach. She felt it would be a big change for the neighborhood, and she was not in favor of the development. Mayor Jorgenson stated the figures from the 1996 study shows 4,000 vehicles on Gardena, but there are no figures for Hackmann Avenue. Mayor Jorgenson stated a question Ms. Williams had asked earlier was about the placement of stop signs and how the City was going to control the Hackmann/Old Central intersection and motorists exiting the gas station. Mr. Flora stated there is a proposed stop sign at Hackmann Avenue and Old Central. Mayor Jorgenson asked if there would be a stop sign at the Gilstad's driveway. Mr. Flora stated there would be a free right turn at this location. Mayor Jorgenson asked if residents in the neighborhood would have to stop to accommodate the traffic exiting from the gas station. NIr. Flora stated neighborhood traffic on Hackmann Avenue is on the right of the gas station exit �� they would have the right-of-way. 1999 PAGE 17 FRIDLEY CITY COUNCIL MEETING OF MAY 10, She stated, originally, there Mayor Jorgenson asked how Mr: F1S ttOrie waseto be�a �the gas station and one at Mr. Flatten's was discussion for three stop sign driveway so there was a sequence of turns rather than the free nght or free le . si ns could be installed to stop the Hillwind traffic and Hackmann traffic Mr. Flora stated stop S before they exited onto Old Central. tr�ic Councilme mber Billings stated the only traffic that would not be stopped is incoming coming off Old Central. He felt this sounds workable. su ested the stop sign be located before the Gilstad's driveway, and a stop sign Mayor Jorgenson gg next to Mr. Flatten's driveway as well. ��ic should not Ms. Rebecca Salmonson, 5850 Hackmann Avenueoriats e sta ed her street has experienced a 60 ha�e to stop for traffic coming from the gas stat ' traffic since construction began on the intersection io ated on their str et, bu no percent increase in a attention motorists speed from 50 to 60 mph. Shh he r Mses monson stat d motorists do not p y Would be police officers have been in contact wi "no turn" sign and she did not know how this can bea en and bikers.e Ms Salmonson stated to the y chil four times more tra efvelo ment as she elt t is too g yfor this parcel. she is against this d P enerall his Mr. De nnis Schneider, 6190 Stinson Blvd., stated he lives�al toeacc es the freeway. He stat d he route is to go west on I-694 so he uses Gardena to Old Cen traffic counts taken has not used this route since the intersection consWas oo en,egannoHb Parta an�'ly valid. since that construction began, even if the median P Mr. Schneider stated he has been contacted from residents regarding this development and has referred them to Councilmember Wolfe. d the City has tried to keep this area a residential ne'oT b leasant living area�He Mr. Schneider state roach to reduce traffic and make a m P was even a proposed parkway app ' has a beautiful City resource witY► Moore Lake and a�et ome�concern sabout safety. stated the City in the park and playground eyuipment. He felt it is p��t has methods of control, should be Mr. Schneider stated any increase in traffic, where the City 11 . He stated he was surprised this parcel was zoned C-2 and surrounded by looked at very carefu Y residential property and the park• It seems it is a spot rezoning. t the City should do anything possible to restrict the expansion of the property• Mr. Schneider fel with the understanding a e�e ent He stated he understands Hol'ld st tedpt seems the�is�SUe of loss of use of the propem' � receive a special use permrt. H situation versus proposed expansion of property Holiday already owns. �rlr. Schneider stated if the City could change the use, there probably would not be a gas station at ex and the use and add the car wash and convenience store was detriment� this location. He felt to p FRIDLEY CITY COUNCIL MEETING OF MAY 10,1999 PAGE 18 to the neighborhood. The question is really what makes sense for that residential nei hborh stated staff did an admirable job of controlling the lighting, however, it is in Holida 's inter g ood. He have as much lighting as possible to attract business. He felt there is not a com ellin y est to proceed with this development. P g a1'gument to Mr. Schneider stated the Planning Commission voted to deny this special use permit, H is aware the City is in a number of other negotiations with Holida , e stated he not, subconsciously, perhaps trying to make sure that Holida is ha y He questioned if the City is aPpropriately for other businesses in which they aze involvedy He s ap d he�s not �ugae tnn p t ceed intentionally trading these thin gs, b u t w h e n p e o p l e w o r k across t he table on ne otiati b S aff is h�an nature for give and take. He stated if that is ha p pe n i n g, i t i s r e a 1 1 g ons, it is nei ghbo r h o o d b e c a u s e t h ese are separate issues. Y u n fair to the Councilmember Barnette stated one of the ways the City tried to prevent traffic on Old Ce to narrow the roadway on Rice Creek Road and Old Central, but it still seems there is a lot of tr ntral was on Old Central. �� Mr. Schneider stated the parkway proposal met with opposition because of the difficul would experience getting out of their homes. He stated the City wiil probably have to addtlaneople Highway 65 in the future. He stated he has difficulty m using the national statistics es on common sense that if a gas station is in a rural area, it would not generate as much traffic�as bein S located next to a freeway exit. g Councilmember Wolfe noted that the lighting at the station would be 24 hours a da . Y Councilmember Bolkcom stated that Stipulation No. 8 covers some of the lightin issues stated because the property is zoned C-2, there are a lot of different businesses that could locat She this parcel that would also generate traffic. She asked what type of uses are permitted in thi on district. s zoning Mr. Hickok stated the G2 zoning district is a ve long list of permitted uses. He stated a11 uses permptt dlin C-1 are allowed1in1C-ana there is a cleaning establishments, office facilities, general business offices, corporate head uartersch as dry lodging, health and fitness centers, vocational schools, motels/hotels, to name a few. The 9 , theaters, permitted uses without a special use perrnit, se are Mr. Hickok stated if Holiday only requested the gas station, it may be permitted b the e' special use; however, the special use permit is needed for the car wash facility, y xlsting Mr. Schneider asked if the development meets a11 the setbacks for the C-2 zoning district. Mayor Jorgenson stated the parcel is 1.33 acres. She asked if any of the other uses mentio Mr. Hickok could meet the code requirements for this parcel. ned by FRIDLEY CITY COUNCIL MEETING OF MAY 10,1999 PAGE 19 Mr. Hickok stated a convenience store and combination video or a book store and coffee shop could possibly locate on this site and the acreage should be adequate to meet all the code requirements. Mayor Jorgenson stated these types of businesses would not operate 24 hours a day, seven days a week. She stated one of the concerns of the apartment managers was the close proximity of the bedrooms in their complex to the car wash and the noise this would generate. Councilmember Bolkcom asked how close the car wash operation would be top the apartment complex as compared with Riverside car wash on East River Road. Mr. Hickok stated the car wash would be about 40 feet from the apartment complex. There is also a drive aisle of an additiona120 feet. As for the Riverside car wash, there is about 90 feet; however, it may be somewhat closer for residents to the south. Councilmember Bolkcom asked if there were noise levels have been established regarding car washes. Mr. Hickok stated that car washes cannot exceed the State level for a commercial development. He stated that is the reason for the number of stipulations for screening. The apartment complex and car wash would need to co-exist in close proximity. Mayor Jorgenson stated the State standards measure noise over a long period of time. She stated that even launching a missile would meet the standards because the noise is not continuous. 'This would also apply to the car wash, as the noise is not continuous. Councilmember Billings asked if the City was in negotiations with Holiday on lease agreements or land purchases or if those negotiations were completed. Mr. Burns, City Manger, stated these negotiations are, basically, completed. There are two sets of negotiations in addition to this special use permit, but in all the cases, there are different indivrduals handling the items. He stated there has been no overlap or cross communication. Mr. Burns stated he knows perception is always very important, but he felt it would be unfortunate if perception allowed people to believe that somehow one set of negotiations colored another. He stated staff has a high level of integrity in handling these items. Councilmember Billings stated if the negotiations are complete, there is no way the Council's action on this item is tied to any other negotiations. He ns he is not elv n aware of he takes�as a comments that the Council might be swayed by negotiatio personal affront. He stated he is disappointed in those comments about a staff that someone worked with for so many years. Mr. Schneider asked if any of the negotiations were taking place at the same time. FRIDLEY CITY COUNCIL MEETING OF MAY 10,1999 PAGE 20 Mr. Burns stated he would expect there was some overlap in terms of timing. He stated three different people are handling these items, Scott Hickok, Grant Fernelius, and Rick Pribyl. He stated they are totally separate issues. Mr. Schneider stated to address Councilmember Billings' comments, he is not, in any way, suggesting anything is intentionally taking place. He stated he negotiates with different divisions of the same customers and it is human nature that there is give and take to come to agreement. He stated it was not intended as an insult to staff or the Council. Councilmember Billings stated many times he has heard former Councilmember Schneider say that perception is reality. People watching this evening may believe this is happening. He stated he will be voting with his peers and none of the Council has been privy to other negotiations with Holiday. Mr. Schneider stated that staff s recommendation does cany a lot of weight, and he was surprised after hearing the presentation. He stated that, in his mind, this is clearly the wrong thing to do, but it is not to say that reasonable people cannot come to different conclusions. Councilmember Barnette asked if a check cashing facility could locate on this site. Mr. Hickok stated that his would be permitted on the parcel. Councilmember Billings asked what the criteria was for denying a special use permit. Mr. Knaak, City Attorney stated that, basically, Council has a considerable amount of discretion in determining whether or not a particular application is in the best interests of the health, safety and welfare of the citizens. He stated when a use is permitted by a special use permit, it is permitted by the Council and reasonable restrictions can be placed on the special use permit in order to ensure compatibility. These restrictions are provided in the ordinance and the law. Mr. Knaak stated the Council can decide not to issue a special use permit if, in the Council's judgment, the particular conditions or features of the use are not compatible based on the health, safety and welfare of the citizens. He stated, as a practical matter, Council has to reach a conclusion that certain aspects of a proposed use are not compatible and, therefore, a special use permit cannot be granted. He stated a finding must be made on the basis of incompatibility. Mayor Jorgenson stated there is a special use permit on this particulaz parcel for the operation of a gas station for pumping and dispensing fuel. The car wash feature to the gas station would be a new portion of the special use permit as would the convenience store. Mr. Hickok stated the convenience store would not need a special use permit. Mayor Jorgenson asked if Holiday could raze the gas station and build a new one and a convenience stare without coming to the Council. FRIDLEY CITY COUNCIL MEETING OF MAY 10,1999 PAGE 21 Mr. Hickok stated there would be building permits, but the new element to the special use permit �s the car wash. Mr. Knaak stated that unlike a variance, a special use permit is something the Council can re-visit regularly. He stated that City staff has been good at reviewing conditions that exist on special use permits. He stated if the stipulations are not being complied with, the special use permit can be terminated. Mayor Jorgenson asked if he was aware of this ever being done. Mr. Knaak stated he knows of a case that just occurred several weeks ago. He stated it is unusual and may be difficult because like any other situation where you are taking something of value, very often it involves considerable disputes and court proceedings. Mayor Jorgenson stated there are several businesses in the City which have been threatened with revocation and they have to be continually monitored. She stated this is very laborious for staff and there is a legal cost. Councilmember Billings asked if there were any stipulations attached to the special use permit now in force for this parcel. Mr. Hickok stated at that time, the stipulations pertained mainly to outside storage. Councilmember Billings asked how many of the 20 recommended stipulations for this request for a special use permit were new. Mr. Hickok stated there is the standard special use permit language, which is a series of three paragraphs, used for motor fuel operations and staff added the additional stipulations. Councilmember Billings stated if the special use pea on �ence s torelland aUide by the rigi al wash, but could proceed with the gas station an stipulations and not have to abide by the 20 stipulations recommended by staff. Mr. Hickok stated if necessary, Council could re-visit the special use permit and add other stipulations that may be appropriate. He stated it is possible that through the building permits only, Holiday could meet the original stipulations. Councilmember Billings asked Mr. Hoeschen if he had any figures on how many additional vehicles would patronize the business because of the car wash. Mr. Hoeschen stated he believed the car wash would Se�o� h nestlynsayb as he does notiha e additional traffic would be very low. He stated that he sufficient information. FRIDLEY CITY COUNCIL MEETING OF MAy 10,1999 PAGE 22 Councilmember Billings stated the car wash does not generate a considerable amount of traffic over and above what is generated by the gas station and convenience store. Mr. Hoeschen stated not that they can identify. Councilmember Billings asked if the national statistics indicate a tremendously different level for a gas station without a car wash. Mr. Preston stated there are three categories for gas stations. They are for the station only, a station with the convenience store, and a station with the store and car wash. He stated it is his re- collection that the difference is an increment of ten more vehicles during the peak hours. He stated most urban areas' peak hour traffic is 8 to 10 percent of the daily traffic. Councilmember Billings stated that this caz wash could generate 100 cars per day. Mayor Jorgenson asked if there was a car wash at the Cub Food site on Main Street and 57`'' Avenue. Mr. Hoeschen stated there will be a car wash on the south side of the building. Mayor Jorgenson asked if these two buildings will be approximately the same size. Mr. Hoeschen stated this one may be larger by 500 square feet. Mayor Jorgenson asked if this store would be architecturally compatible with what Holiday is constructing on Main Street and 57`h Avenue. She stated it wili not look like residential and the awning sticks out like a sore thumb. Mr. Hoeschen stated the building is shingled with a pitched roof. Councilmember Billings asked if Benshoof and Associates, a trafFc engineering company that does work for the City, had reviewed BRW's statistics. Mr. Ed Terhart, Benshoof and Associates, stated he reviewed the report and verified BRW's information from the ITE manual. Councilmember Billings asked if Benshoof and Associates had completed the study, would they have come up with similar conclusions. Mr. Terhart stated that, based on the information in the report, they would have used similar trip generations and traffic volumes if they had done the traffic counts. Ms. Rebecca Salmonson stated many people are familiar with the Holiday gas stations and felt they will exit the freeway to use this facility. She felt this would create a lot more traffic. She asked if the entrances from the service road would be closed. , i f' �,� FRIDLEY CITY COUNCIL MEETING OF MAY 10, 1999 Mr. Flora stated the access is through the Hackmann Avenue entrance. PAGE 23 Ms. Salmonson stated lights from the gas station will shine into windows of the residences. Mayor Jorgenson stated this gas station is right behind her home and she can walk around at night now without turning on lights as it lights up her whole house. Mr. Hickok stated the lighting will be improved as it will be directed downward. Mayor Jorgenson asked about the lighting around the perimeter. Mr. Hickok stated it would be shielded and downcast. Mayor Jorgenson stated if there was no car wash on the site, there are only several stipulations that would not be in effect through the building permit process. She stated the intercom and on-site signs are the only ones that are not normal procedure. Mayor Jorgenson asked if the City can limit the hours of operation. Mr. Knaak stated the Council can impose reasonable conditions for purposes of protecting the health, safety and adjoining property owners. Mayor Jorgenson stated a 7 a.m. operation on Monday through Friday would be satisfactory, but felt it should be later on weekends. Councilmember Wolfe stated the car wash operation would be to 11 p.m. and was concemed because there were children in the apartment complex and this was quite late. Mr. Hoeschen stated he would be agreeable to not operating the car wash facility unless all the doors are closed two hours from the beginning time and two hours before closing. Mayor Jorgenson stated she would prefer that a car wash not be located on this property. Councilmember Wolfe stated his constituents are not in favor of this special use permit for many reasons such as traffic, noise, and concern about safety. MOTION by Councilmember Wolfe to deny Special Use Permit, SP #99-01. Seconded by Councilmember Billings. Councilmember Billings stated he cannot support the motion to deny this special use permit. He stated the burden of responsibility is on the City to determine that there are e�raordinary conditions whether they be traffic, noise, or pollution that would create a non-compatible use with the surrounding neighborhood or the rest of the City. He felt the petitioner has been able to demonstrate that they are not going to be a major intrusion into the quality of life. T'he traffic FRIDLEY CITY COUNCIL MEETING OF MAY 10,1999 PAGE 24 studies indicate the increase in tr�c will be minor. He stated staff has pointed out that a gas �. station and convenience store could exist on the property without the stipulations. �` ``�,. Councilmember Billings stated that Holiday believes the traffic counts are not large enough to ,� indicate this would be an intrusion into the neighborhood and City. He stated, in fact, this project is something that we really do not have a finding of fact to be able to deny. Councilmember Wolfe stated he understands Councilmember Billings' comments, but his constituents have made it clear they do not want this development. Councilmember Bolkcom stated she does not think there will be a lot more traffic with the car wash. She stated she realizes there may be some noise issues; however, a gas station and convenience store would be permitted without a special use permit. She felt that Holiday should not be held accountable for any more traffic that another company may bring into the area. She felt she could not support the motion to deny. Councilmember Bolkcom stated by having the car wash operation start at 7 a.m. and having the doors closed, as well as the downcast lighting, this will a11 be helpful. Councilmember Wolfe asked Council if they would be concerned if it was in their neighborhood. Councilmember Bolkcom stated you have to support the people you represent, but you also have to look at all the facts which is difficult. The fact is a gas station can be located on this site and the car wash would not generate that much more traffic. Councilmember Barnette stated he respected Mayor Jorgenson's and Councilmember Wolfe's position as you are suppose to represent your constituents. He stated he was elected at-large, but has dealt with controversial issues in his area such as Columbia Arena and Community Park, as well as the recently approved Texaco station. He stated he felt the concerns have been dealt with, and he would not support the motion for denial. Mayor Jorgenson stated she believes there has been a significant finding of fact to deny this special use permit. She believed the traffic study is flawed because the data used in 1999 does not equate with what was there in 1996. The noise issue and close proximity to single family residential homes and apartment complexes adjacent is a mitigating factor. It is also detrimental to the public safety of Moore Lake beach for children that use the bikeway/walkway and for those that walk to the Fridley schools. UPON A ROLL CALL VOTE, Mayor Jorgenson and Councilmember Wolfe voted in favor of the motion. Councilmember Barnette, Councilmember Billings and Councilmember Bolkcom voted against the motion. Mayor Jorgenson declared the motion failed. FRIDLEY CITY COUNCIL MEETING OF MAY 10,1999 PAGE 25 MOTION by Councilmember Billings to approve Special Use Permit, SP #99-01, with the following stipulations: 1. The soils on the property will be tested (weather permitting) by May 1, to make a final detertnination 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 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. 3. Parking lot must be lined with a 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 6 A.M. —11 P.M. 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 to 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 area and requesting they keep radios turned down so impact does not carry onto neighboring properties. FRIDLEY CITY COUNCIL MEETING OF MAY 10,1999 PAGE 26 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 areas surrounding the station store. 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 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 Barnette. MOTION by Councilmember Billings to amend Stipulation No. 1 by striking the date of May 1 and inserting the date of June 15, 1999. Further, to amend Stipulation No. 9 by striking 6 and inserting 7 and add the following sentence: "From 7 a.m. to 9 a.m. and 9 p.m. to 11 p.m., the doors shall remain closed during car washing operations. Seconded by Councilmember Bolkcom. Mayor Jorgenson stated this special use permit could be recalled by Council if all the stipulations were not adhered ta Mr. Knaak stated that was correct. It would involve a hearing before the Council for review of the whole permit or all permits on the property. Mayor Jorgenson sfated occasionally there is a stipulation where a business comes back before the Council over a certain period of time to review their operations. Mr. Knaak stated that could be done, but usually it is in cities that do not have the regular enforcement that exists in Fridley. Mayor Jorgenson asked about the hours of operation. She stated she understands, as long as the Gilstads remain on the property, the operation would not be 24 hours a day. Mr. Hoeschen stated as long as the Gilstads live in their home, the hours of operation would be from 5 a.m. to midnight. FRIDLEY CITY COUNCIL MEETING OF MAY 10,1999 PAGE 27 UPON A VOICE TAKEN ON THE MOTION FOR THE �o ed n fav1ors�Mayor Jo gen on Billings, Councilmember Barnette, and Councilmember Bolkco and Councilmember Wolfe voted against the motion. Mayor Jorgenson declared the motion camed by a 3 to 2 vote. UPON A VOICE VOTE TAKEN ON THE MA1N MOTION, Councilmember Billings, Councilmember Barnette, and Councilmember Bolkcom voted o de lared�the mot on cnarried by Councilmember Wolfe voted against the motion. Mayor Jorgens a 3 to 2 vote. Councilmember Billings asked for a 5-minute break starting at 11:10 p.m. NEW BUSI_� RESOLUTION OF THE CITY COUNCIL OF TION COF AN EM NENT MINNESOTA, AUTHORIZING THE ACQUISIT ...,,.,� ,. i,v pun�FFDING TO ACQUIRE FEE SIMPLY (5675 QUINCY STREET� 14. Lvi�aa � � — -- - WARD 1 . Ms. Dacy, Director of Community Development, stated it is necessary to reconstruct Carrie Lane between Quincy and Jackson Streets to maintain the existing tra 40 feete The ex sting centerl ne The existing pavement width of Quincy and Jackson Streets is curve radii of the existing Carrie Lane at Quincy Street is 75 Vee ade uat room doesenot exist t With the realignment of Bridgewater Drive/Lake Pointe Dri , q match the pavement width and provide the safest curve rad� �o maintain a lbikeway/walkway 5675 Quincy Street. In addition, there would not be roo connection, and provide adequate buffing between the neighborhood and the development. Shifting the proposed 40-foot roadway slightly to the south to �ce the� attached "or ginal plan'e north lot line and the north curb line of Carrie Lane could enh A row of evergreen trees could be planted in this � ld be at eastd401feetla� a lable south of boulevard area for snow storage. In addition, there wou 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 dhe road wheOre s the ` origin 1 transition of pavement width in Option 2A occurs at the curve of avement width. In addition, plan" provides more room for a safer curve radius and a matching p lus 8 feet of the 40-foot pavement width provides adequate room for twoif a car �s disabledpor for normal parking area on both sides of the street. This area is necessary P arking activity. The wider pavement width also allows f tri o 40hfeetnwould enable the C ty to plowing vehicles and large fire trucks. The pavement wi maintain the State Aid designation on Carrie Lane. It should` be nnald� an'We Staff �ecommends City would need a variance on the curve radii even with the orig p FRIDLEY CITY COUNCIL MEETING OF NIAy 10,1999 PAGE 28 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. Councilmember Billings stated again that it makes no difference who the developer was. Mr. Knaak, stated that was correct. FRIDLEY CITY COUNCIL MEETING OF MAY 10,1999 PAGE 29 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." 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. FRIDLEY CITY COUNCIL MEETING OF MAY 10,1999 PAGE 30 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 Board, 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, and 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. � 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 JOI�GEI�IS�T� DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF MAY 10, 1999 PAGE 31 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 ZND ADDITION, GENERALLY 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 construction is done. He stated that any street they build will have a life of 40 to 50 years and about every 8 to 10 years 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 years, 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. FRIDLEY CITY COUNCIL MEETING OF MAY 10,1999 PAGE 32 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`h 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. ADJOURN: 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 Mayar THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF MAY 24, 1999 The Regular Meeting of the Fridley City Council was called to order by Mayor Jorgenson at 7:37 p.m. PLEDGE OF ALLEGIANCE: Mayor Jorgenson led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Jorgenson, Councilman Barnette, Councilman Billings and Councilwoman Bolkcom MEMBERS ABSENT: Councilman Wolfe Mayor Jorgenson stated that Councilman Wolfe was not able to attend the meeting this evening due to illness. APPROVAL OF MINUTES: COLJNCIL MEETING. MAY 10, 1999: Mayor Jorgenson stated that Councilman Wolfe offered suggestions for changes to the minutes with regard to the Holiday Stationstore item. The minutes do not reflect some of the discussion, and Councilmember Wolfe asked that these not be approved before the tapes are reviewed and there are addition, made ta the minutes. MOTION by Councilman Bamette to table approval of the May 10, 1999 minutes. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declazed the motion carried unanimously. PRESENTATION BY THIRD GRADERS AT STEVENSON ELEMENTARY SCHOOL: Mrs. Pam Meyer's third graders presented posters to Council that they made in conjunction with Fridley's 50`'' Anniversary celebration. Mrs. Fetrow, teacher's aide, stated that it was decided to do a class project to make the students aware of the history of Fridley, and the students wished to present their completed posters. Clint Massey presented his poster depicting the Fridley ox cart trail and reviewed the background of this trail. He was interested in how people traveled in these early days, and information was obtained from his teachers and the library. Clint stated that this trail is now known as East River Road, which passes in front of his school. Taylor Felton presented a poster on the May, 1965 tornado in Fridley. He received his information from the library, as well as personal interviews. Taylor stated that he also went on a field trip to the Fridley Historical Society, Banfill-Locke House and the Manomin cemetery. FRIDLEY CITY COUNCIL MEETING OF MAY 24 1999 PAGE 2 Jesse Backstrom presented a poster on Rice Creek. He chose this subject because Rice Creek is close to his home. The creek was important for water travel, and the well-known Banfill-Locke House was built on the creek where it still stands today. Jesse stated that it was one of the few places where people could obtain lodging. The creek was named for Henry Rice, a former state senator. Julia Reinisch presented her poster on the Fridley Tigers, the high school mascot. She stated that she interviewed Councilman Barnette. According to him, in 1958, the new Fridley High School needed a mascot. The committee, of which he was a member, chose the tiger because it is fierce and strong and the colors are black and gold. Julia stated that the former principal of Stevenson Elementary, Jerry Reiter, told the students that the Fridley Historical Society was seeking donations and the students raised $107, double their goal, by doing yard work for this cause. Councilman Barnette stated that he felt these were wonderful projects, and the future was in pretty good hands when young people take time to do these projects. He stated that the posters will be on display at the Fridley Municipal Center. Mayor Jorgenson thanked the students for the completed projects. APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 1. RECEIVE THE MINUTES OF THE PLAN1vING COMMISSION MEETING OF MAY 5, 1999: RECEIVED THE MINUTES OF THE PLANNING COMMISSION MEETING OF NIAY 5, 1999. 2. RESOLUTION NO. 38-1999 AUTHORIZING CHANGES IN APPROPRIATIONS FOR THE GENERAL FUND AND THE CAPITAL IMPROVEMENT FUND THROUGH MARCH 31,1999: Mr. Burns, City Manager, stated that the City has offsetting General Fund revenues of $34,140 for operation of the curfew center. There are no changes in the Capital Improvements Fund appropriations. ADOPTED RESOLUTION NO. 38-1999. 3. RESOLUTION NO. 39-1999 AUTHORIZING AN AGREEMENT WITH THE STATE OF MINNESOTA FOR FURNISHING CHEMICAL ASSESSMENT TEAM SERVICES FOR STATE FY 2000: Mr. Burns, City Manager, stated that this was a continuation of an existing agreement with the Minnesota Department of Public Safety. The terms of this agreement are that designated firefighters from Fridley, Coon Rapids and the Blaine-Mounds View-Spring Lake Park Fire Deparlments would provide chemical assessment team response for the northern metropolitan area. The counties included in the primary response district are: Anoka, Chisago, Isanti, Kanabec, and portions of Hennepin, Ramsey and Sherburne counties. He stated that in consideration for the City's service, the State reimbuxses ��am operating expenses up to $40,000 per year, and reimburses the team for additioz��l ��.s�s L�1 �.aa � �— -- incurred when responding to an incident. ��dous ma enals supplies and eq pmentgency vehicle, equipment trailer and speciahzed h ADOPTED RESOLUTION NO. 39-1999. 4, APPOINTMENT: CITY EMPLOYEE: ointed as the City's Mr. Burns, City Manager, recommended that Kyle Birkholz be apP ee in economics Liquor Operations Manager. He Snce fromtt�e Umlvers tY of MinnesoUta. Mr• Birkholz has and a B.A. Degree in political scie er eia t ears of progressive experience in retail a o agfor the City's liquor'operation a ov � Y liquor operations and is proficient in computer apphc AppRpVED THE FOLLOWING APpO1NTMENT: Name Position Kyle Liquor Birkholz Operations Manager Exempt Sa� $51,206.74 per year Startmg Date Re"— l�s May 25, Michael 1999 Larson 5. CL� S: AUTHORIZED PAYMENT OF CLAIM NOS. 87077 THROUGH 87306. 6, LICENSES: APP ROVED THE LICENSES AS SUBMITTED AND AS ON FILE IN THE LICENSE CLERK'S OFFICE. �, ESTINIATES: APPROVED THE ESTIMATES, AS FOLLOWS: Park Construction Co. 7900 Beech Street N.E. Minneapolis, MN 55432-1795 Riverview Heights Area Improvement Project No. ST. 1999-1 , _ , , , . . . $41,749.65 EstimateNo.l.•••••••••••""" No persons spoke regarding the proposed consent agenda. rove the consent agenda items. Seconded by MOTION by Councilman Barnette to app or Jor enson declared the motion Councilwoman Bolkcom. Upon a voice vote, all voting aye, May g �arriecl unanimously. ADOPTION OF AGENDA: b Councilman Billings to adopt the agenda as submitted. Sec�r��d by Councilwomati MOTION y Bolkcom. rAIT � 4 MOTION by Councilman Billings to amend the agenda by adding an item after the en and before Old Business. The item is: Reconsideration of Special Use Permit, SP #99Forum Holiday Companies. Seconded by Councilwoman Bolkcom. Upon a voice vote, all vot' O1 by Mayor Jorgenson declared the motion carried urianimously. mg aye, UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Ma or Jor declared the motion carried unanirnously. Y genson OPEN FORUM VISITORS: No persons in the audience spoke under this item of business. OLD BUSINESS: 8A. COMPANIES: MOTION by Councilman Billings to reconsider Special Use Permit, SP #99-01, b Companies. Seconded by Councilman Barnette. Upon a voice vote, all votin a e Holiday Jorgenson declared the motion carried un an i m o u s l y. g Y, M a y o r Councilman Billings stated that in the last two weeks, Council was made aware that this ar question has two zoning districts, C-1 and C-2. With this in mind, he suggested a stipulation tha he believed would clarify the location of a building on this particular site. He state p cel in stipulation is as follows: (21) The petitioner and the City of Fridley acknowled e that thi t has an area zoned G2 and an area zoned C-1. Any car �,ash can onl b d that the added on that portion of the parcel that is zoned C-2. However, the etrole g S p�cel convenience store may be located on any combination of C-1 or C_2 y e constructed and operated setback requirements, and other zoning restrictions. Nothin , herewitp ��eling arid the portions of the site, subject to there would be any change in the zoning on this parcel as a reu lt of this speci 1 se permitl.nply �at Councilman Billings stated that he felt this added stipulation would clarify that the car wash c be on the portion of the site that is zoned C 1 and can only be located on the portion of ��ot zoned C-2. He stated that this would avoid any misunderstanding that, by approval of the s ecial use permit, Council had done a rezoning on the C-1 portion of the property, p Mayor Jorgenson stated that she raised the question on the zoning of this parcel. In ch records, it was found that a portion of the ro e e�king the issue could be discussed this evening; howe er a publ ceheanngss requ ied in o der to no�at this residents who may want to comment. i f y t h e Mayor Jorgenson stated that she received a letter regarding this special use permit from Ro er an Marlene Sonstegard, 1249 Hathaway Lane. These ro e g d meeting this evemng and Wanted to make sure that Councl r ceived theirinforma ion� She sta ed that if Council was going to consider adding an additional stipulation, comments should be received from the residents this evening or when the hearing is held. Councilman Billings stated that a special use permit request does not require a public hearin at Council level, but that the hearing is held by the Plamm�g Commission. He stated that si g�� new information has been received regarding the zoning on this parcel; however, the�n'r��t reason for his affirmative vote at the last meeting was because a special use permit alreadp exis s for the petroleum fueling. Y FRIDLEY CITY COUNCIL MEETING OF MAY 24 1999 PAGE 5 Councilman Billings stated that when a vote was taken May 10 on this special use permit, the car wash was a major consideration, as it would generate an additional one hundred cars per day. He stated that he did not feel that this additional traffic would create a significant impact on the health, safety, or welfare of the residents. Councilman Billings stated that he moved to reconsider this special use permit due to new information on the zoning and to clarify that the car wash could not be on the C-1 portion of the site. Mr. Knaak, City Attorney, stated that the question was raised on how to proceed in light of the new information regarding the zoning on this parcel. He stated that since there was a duly enacted special use permit, the appropriate procedure was to review the special use permit. He stated that what Councilman Billings was proposing was actually a reconsideration of this special use permit. He stated that, by the unanimous approval of the motion to reconsider, Council now has the special use permit before them with a suggested amendment to the original motion. Mr. Knaak stated that, ordinarily, items are not revisited in this manner; however, it is allowed under Robert's Rules of Order. He stated that it is not illegal or inappropriate to reconsider the motion and no new notification is required. Mayor Jorgenson stated that the petitioner received notice and is present this evening. She stated that she received countless telephone calls from residents and was told that property owners had to be re-notified and the item brou?ht back on June 14. Mr. Knaak stated that with respect to the re-notification, the process could be followed as it is permitted, but it was not one he would expect and recommend. Mayor Jorgenson stated that the additional information was not available at the last Council meeting relating to the initial rezoning of the property in 1976. Mr. Knaak stated that he understood there was a mistake regarding the zoning. This would be justification for revisiting the special use permit, if Council so chooses. Councilwoman Bolkcom stated that she felt no action should be taken until the public hearing on June 14 so that everyone could be re-notified. Councilman Bamette stated that based on the fact that Councilman Wolfe could not be present this evening, he would agree that Council should not take action until the June 14 meeting. Mayor Jorgenson stated she concurred that Council should wait until June 14 to take action on this item. Councilman Billings stated that by reconsideration of this special use permit, it nullifies the action taken at the May 10 meeting. Therefore, the special use permit is not approved and is before the Council as originally submitted. He felt that it was not necessary to advertise for a public hearing and questioned the procedure if the petitioner were to withdraw his request for the special use permit. Mr. Hickok, Planning Coordinator, stated that in 1976, a special use permit was issued for the Union 76 gas station that allowed dispensing of motor fuel on this parcel. He stated that the special use permit could remain in place if Holiday were to purchase the property and not change the use. He stated that the City could review this special use permit if there are significant changes. The reason for the request for a new special use permit was because of the razing of the building, and the new installation of tanks, lighting, and a ventilation system. Councilman Billings asked if a convenience store could be located on the site. FRIDLEY CITY COUNCIL NIEETING OF MAY 24 1999 PAGE 6 Mr. Hickok stated that a convenience store is a permitted use in this zoning district without a special use permit, but a building permit would be required. MOTION by Councilwoman Bolkcom to table the reconsideration of Special Use Permit, SP #99-01 to June 14, 1999. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. 8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRIDLEY NIINNESOTA. AUTHORIZING THE ACQUISITION OF AN EMINENT DOMAIN PROCEEDING TO ACOUIRE FEE SIMPLE (5675 OUINCY STREETI (WARD 1� (TABLED MAY 10. 1999Z MOTION by Councilman Billings to remove this item from the table. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. Councilman Billings stated he understands that Medtronic has reached an agreement with the property owner at 5675 Quincy Street. Ms. Cindy Arndt, attorney for Medtronic, stated that Councilman Billings was correct. They have reached an agreement to acquire the property at 5675 Quincy Street. MOTION by Councilman Billings to table this item indefinitely. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion camed unanimously. 9. RESOLUTION NO. 40-1999 APPROVING A VACATION SAV #99-01 VACATING A PORTION OF CARRIE LANE OUINCY STREET AND JACKSON STREET BY MEDTRONIC, INC.1(WARD 11(TABLED MAY 10 1999�• Ms. Dacy, Community Development Director, stated that Medtronic acquired seven homes for the re-alignment of the roadway for their development. The plan was to reconnect Jackson Street on the east with Carrie Lane and connect with Quincy Street on the west. She stated that staff is working with the developer, landscape architect, and the two remaining property owners north of Carrie Lane for installation of spruce and evergreen trees on the north side of Carrie Lane. There would also be a bikeway/walkway connection to link Carrie Lane and the parkway. Ms. Dacy stated that Medtronic would be conveying the land and platting it as a right-of-way. The remaining amount of land to be sold to Medtronic would be all of the land predominately on the east half of the site. Ms. Dacy outlined the five stipulations attached to this vacation request as E�chibit A. MOTION by Councilman Billings to waive the reading and adopt Resolution No. 40-1999, with the following stipulations attached as 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 right-of-way for reconstructed Carrie Lane; (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 construction plan to the City Engineering Division for review and approval prior to demolition of existing Carrie Lane; and (5) The petitioner shall maintain the vegetation contained in the outLane. uSe onded by Counc lwoman Bolkcom ay All landscaped areas around reconstructed Came MOTION by Councilman Billings to amend�Stipusecond d�by CouncilmantBarnette�rUpon a landscaped areas around reconstructed Carne L voice vote, all voting aye, Mayor Jorgenson declared the motion carried unammously. UPON A VOICE VOTE TAKEN ON1 HE MAIN MOTION, all voted aye, and Mayar Jorgenson declared the motion carned unanimous y 9B. STOP SIGN - HACKM�INN AVENUE AND HATHAWAY LANE: Mayor Jorgenson stated that there were rssWell as Hathawa� Lane and Ha�kmannSCpcle�She Hathaway Lane and Hackmann Avenue, a stated that it appeared this would be a request for permanent stop signs m that neighborhood. Councilman Billings stated that the City has usually r ensoln would 1 kl t replace the yieldsee�n requested. He stated that, as he understands, Mayor Jo g at Hathaway Lane and Hackmann Avenue with a stop sign. Mayor Jorgenson stated that the question from staff was if this would be a temporary oi permanent sign. Councilman Billings stated that a request usually comes from the residents in the area, and he would like to have the petition to review. Ms. Carolyn Thompson, 960 Hackmann Circle, stated that she felt several stop signs would be needed in this neighborhood, especially with the Holid d in the ne�ghborho dteSt pasigns were one a petition to consider several options to reduce the p consideration. She stated that there are a lot of children in the area, and she was concerned for their safety. Mayor Jorgenson stated she is aware that Councilmh C°�cil's agenda fgor action. r She st t d that issue, so she asked for this item to be placed on Council requested a strong traffic enforcement in this area. Mr. Flora, Public Works Director, stated that a temporary sign would be installed at Hathaway Lane and Hackmann Avenue. Councilman Billings asked that the City place some red waming flags so motorists are aware of the new stop sign. __ _ _ :�.� T/l lU• ('�ABLED MAY 10 1999 : MOTION by Councilman Billings to remove this�a fr Jor en onidecsared the bmorion carri d Barnette. Upon a voice vote, all votmg aye, y g unanimously. Ms. Dacy, Community Development Director, et�a 10eTmeet nga She�stated thatgthere was a preliminary plat since rt was last considered at th y purchase agreement in place for the property at 5675 Quincy Street, so this property has been added to the preliminary plat. Ms. Dacy stated that there was now a continuous outlot on the north side of the property that would be used for screening and vegetation. She stated that there were a number of discussions since the May 10 meeting, and Stipulation Nos. 13 and 15 had been changed and clarified. Ms. Dacy stated the that Planning Commission recommended approval of this preliminary piat. Staff also recommended approval with the changes to Stipulation Nos. 13 and 15. MOTION by Councilman Billings to approve preliminary plat request, P.S. #99-01 by Medtronic, Inc. 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, v�,est of the west right-of-way line of Quincy Street; (3) The petitioner shall close the Lake Pointe Drive connection to Seventh Street or provide "Road Closed" and/or "Dead-end" signage; (4) �e petitioner shall recognize that all utilities outside the Bridgewater Drive or Seventh Street rights-of- way become a private system to be owned and maintained by Medtronic; (5) The petitioner shall repair and maintain an 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 a Storm Pond Maintenance Agreement for all ponds within the site; (8) The petitioner shall a $44,522.48, priar to issuance of Phase I building permips rk9 eThetion fees in the amount of Bridgewater Drive from Seventh Street to Highway 65 as part of Phase Iconstruction 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 Seventh Street to Highway 65 along the north side of Bridgewater Drive. Connections to the neighborhood 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 bikeways/ walkways are not located within the public right-of-way; (12) A pavement stripe ar other readily visible means of identification shall be provided on the surface of Bridgewater Parkway to allow 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; and (14) The petitioner shall record an easement/agreement permitting emergency vehicle access on the site including access to fire hydrants. Seconded by Councilman Barnette. MOTION by Councilman Billings to amend the stipulations by changing Stipulation No. 13 to read as follows: (13) The petitioner shall be responsible for maintairung 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. � Further, to add Stipulation No. 15 as follows: (15) The petitioner shall submit a letter of credit or performance bond equal to the construction cost of the public street (Lake Pointe Drive, now 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. Seconded by Councilwoman Bolkcom. U p o n a v o i c e vo te, a l l voting aye, Mayar Jorgenson dec lared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF MAY 24, 1999 PAGE 9 UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Jorgenson declared the motion carried unanimously. NEW BUSINESS: 11. APPROVE REDEVELOPMENT AGREEMENT BETWEEN THE CITY OF FRIDLEY AND MEDTRONIC INC. FOR CONSTRUCTION OF ITS CORPORATE HEADQUARTERS (WARD 11: Ms. Dacy, Community Development Director, stated that she was pleased to present the redevelopment agreement with Medtronic, Inc. to allow them to construct their coYporate headquarters. She stated that the definitions used in this agreement are the same as those of the Housing and Redevelopment Authority, and it outlines the rights and obligations of the City and Medtronic, Inc. Ms. Dacy stated that Article I defines office and related uses, minimum improvements, parking structures, and public improvements. Article II includes public improvements that are available to the site, acknowledges there may be buildings ten stories in height, and parking structures and buildings may have a fair market value below actual costs. Article II further provides that Medtronic has corporate approvals to build minimum improvements, must comply with City requirements and implement the Master Plan, pay prevailing wage rates, pay customary fees associated with development, and construct a new parkway as a public street. Article III provides for Master Plan amendment action within sixty (60) days of filing complete application and incremental construction process in place. Article N provides for the termination date. Article V provides for failure to perform the requirements under the contract. Article VI covers special provisions for the best efforts to construct TH 65 improvements, the seeking of Federal funding and providing local match, Rice Creek access issues, and construction work hours. Article VII covers the expansion of the roadway and Medtronic's agreement to reimburse the City if any parcels related to the realignment of the roadway have to be taken by eminent domain. Ms. Dacy stated that staff recommended this redevelopment agreement be approved by Council. Mayor Jorgenson asked about the construction work hours and if there have been any other early 7:00 a.m. starts. She was concerned about the residents in the area with construction beginning this early in the moming. Mr. Flora, Public Works Director, stated that there have been early starts in the past in several residential areas. Councilman Barnette stated that the construction equipment would be about two hundred yards from homes. He did not feel it would have a large impact on the residents. Councilman Billings asked if Article VII was necessary. Ms. Dacy stated that this was discussed and was made a part of the agreement in the event there was a problem with acquisition. Councilwoman Bolkcom asked for an explanation of Article II, Section 1. Ms. Dacy stated that this section states that Medtronic would not pay for any special assessments. She stated that this was because they would be undertaking the site improvements themselves. Councilwoman Bolkcom stated that she was concerned about the sixty (60) day time limitation under Article III. FRIDLEY CITY COUNCIL MEETING_ OF MAY 24, 1999 PAGE 10 Ms. Dacy stated that Medtronic can build up to 1.6 million square feet under the provisions of the Master Plan; however, if there were any environmental issues, State law requirements would prevail. Councilwoman Bolkcom asked for an explanation of Article VI, Section 6.9. Ms. Dacy stated that the agreement provides that the City will use their best efforts to secure funding. It is not, however, a requirement, but something that has been done in the past. She stated the key point in Section 6.9 allows Medtronic to continue to develop without the TH 65 improvements. Councilwoman Bolkcom asked if in Article VI, Section 6.10, Medtronic is requesting more than is required by the City. Ms. Dacy stated that Rice Creek access would be paid for by Medtronic because it is access on their property. Mr. Flora, Public Works Director, stated that Schedule D referred to water and sewer on Bridgewater Drive. He asked if this was the new or existing Bridgewater Drive. Ms. Dacy stated that the lines underneath the right-of-way would be public improvements, and the lines outside the public right-of-way would be private. Mr. Flora stated, as he understands, there are existing utilities on Bridgewater Drive, but they would be removed, and the City would have no responsibility for them. Ms. Dacy stated that was correct. Councilwoman Bolkcom asked if action on this item could be postponed until the next Council meeting. Ms. Arndt, attorney for Medtronic, stated that this has been a year of long, arduous negotiations and discussions. She stated that Medtronic has space they are currently leasing, and the schedule for the next several days was contingent on approval of this a�eement. She stated that Medtronic would need to contact the MPCA, and they cannot do so until this agreement is approved. She felt this was a good agreement. By tabling the item, nothing would change in the next several weeks. Ms. Arndt stated that Medtronic's senior management was adamant on Thursday that this agreement be approved in order to keep their schedule on track. Mayor Jorgenson stated that Council had not had an opportunity to discuss this agreement until tonight's meeting. She stated that there was a lot of material to review. The possibility of a joint meeting of the City Council and the HRA was suggested to discuss this agreement. Ms. Arndt stated that the meeting with the HR� last Thursday evening went very well. She stated that Mr. Casserly discussed fiscal disparities and felt that a delay in action on this agreement would not change the end result. She stated that they were unable to come to a solution on how to balance the fiscal disparities, but they would work with Mr. Casserly on this issue. Councilman Barnette asked how the HRA voted on this agreement. Ms. Dacy stated that the vote was unanimous for approval of the agreement. Councilman Barnette stated that he felt comfortable approving the agreement. He stated that this development was one of the most exciting things that has happened in Fridley. He did not know of any issues that would change his opinion if the item was tabled for several weeks. FRIDLEY CITY COUNCIL MEETING OF MAY 24.1999 PAGE 11 MOTION by Councilman Billings to authorize the appropriate City staff and officials to enter into this redevelopment agreement with Medtronic, Inc. Seconded by Councilman Barnette. Councilwoman Bolkcom stated she agreed that staff and everyone has been working diligently on this agreement, and she would not want to jeopardize this project. NIr. Burns, City Manager, stated that the City still has a very significant decision to make in July regarding extension of the tax increment financing district; however, construction could begin without the City relinquishing total control. Councilman Billings stated that throughout negotiations, senior management at Medtronic has been apprised of the negotiations and consistently provided direction, goals, and limitations. He stated that due to the open meeting law, Council has not had this opportunity. He stated, that as it was pointed out, changes could be made to the agreement prior to approval of the tax increment district. Mr. Casserly stated that the issue of extending the ta�c increment financing district would have to come back to Council. He stated that Council approval was necessary, as well as the approval of the school district and the county. In addition to these approvals for the extension, the HRA would be involved in approving a tax increment budget. The budget was not large enough to provide for the types of assistance required. Mr. Casserly stated that there would be a series of approvals for the tax increment district, and public hearings would have to be held by Council and the HRA. Mr. Casserly stated that Medtronic understands the concern about the special law that was passed and has discussed a lot of the issues. NIr. Donn Hagmann, Director of Real Estate Facilities for Medtronic, stated that Councilman Billings indicated that senior management had an opportunity to review the agreement in detail. He stated that this was not the case; however, and he and Ms. Arndt are involved in this task. Mr. Hagmann stated that their request for expeditious approval was from a fiscal responsibility, as Medtronic would be spending a lot of money on this project, and every month of delay is very costly. He stated that he would appreciate Council's approval of the agreement. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Jorgenson declared the motion carried unanimously. Mayor Jorgenson thanked everyone for working through these very difficult issues and stated that she looked forward to working with Medtronic. 12. ESTABLISH A PUBLIC HEARING FOR JUNE 14, 19991 _FOR REVIEW OF AT 5695 HACKMANN AVENUE N.E. (WARD 2): Mayor Jorgenson stated that Council has had considerable discussion already on this item. Councilman Barnette asked if Holiday has agreed to eliminate its car wash on this site, as stated in staff s memorandum dated May 10. He asked if this public hearing would be for the car wash. Mr. Hickok, Planning Coordinator, stated that the site plan shows the elimination of the car wash on this site. Councilman Barnette stated that for the residents, this answers the question that the car wash was no longer on the site plan. FRIDLEY CITY COUNCIL MEETING OF MAY 24, 1999 PAGE 12 Mayor Jorgenson stated that the public hearing is for clarification. Mr. Knaak, City Attorney, stated that, for clarification, by tabling Special Use Permit, SP #99-01, technically speaking, SP #99-01 would not be reviewed by Council since it has not been approved. He stated that there was another special use permit for the site, and it would be appropriate for Council to review the existing special use permit. He believed it was Council's intention to deal with the issues of the special use permit that already exist on the site. Mr. Knaak stated that he would suggest two specific actions. He stated that Council has already taken action to table Special Use Permit, SP #99-01, and the other action would be a hearing to review the special use permit granted in 1976. He felt that the record should be clear so that there was only one special use permit on this site, and Council should review the one passed in 1976. Mayor Jorgenson stated that the special use permit issued in 1976 needs to be reviewed, but it would not preclude Council from removing Special Use Permit, SP #99-01 from the table. Councilman Billings asked if there was sufficient time for notice and publication in the newspaper far the June 14 hearing. Mr. Hickok stated that staff would have time to advertise this hearing. Councilman Barnette stated that it should be clear to residents what the Council would be reviewing. MOTION by Councilwoman Bolkcom to set the public hearing for June 14, 1999 to review the existing special use permit of the gas station located at 5695 Hackmann Avenue. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion camed unanimously. 13. VARIANCE REOUEST, VAR #99-05. BY TIMOTHY JAWOR. TO REDUCE THE REOUIRED REAR YARD SETBACK FROM 40 FEET TO 19.2 FEET TO ALLOW THE CONSTRUCTION OF A SEVEN-UNIT TOWNHOME STRUCTURE GENERAI.LX LOCATED AT 7411 UNIVERSITY AVENUE N.E. (WARD 1Z Mr. Bolin, Planning Assistant, stated that this was a request for a variance to reduce the required rear yard setback from 40 feet to 19.2 feet in order to allow the construction of a seven-unit townhome structure at 7411 University Avenue. He stated that this property was under consideration for a rezoning from R-2 to R-3. This rezoning would be on Council's June 14 agenda, along with a final plat. Mr. Bolin stated that condominiums are permitted in a R-3 zoning district only. He then presented background history on this property dating back to 1961. Mr. Bolin stated that staff felt this request did not meet the criteria for the variance, as there was no undue hardship, as defined by the law. He stated that it was possible to develop the site without the need for a variance if the units were reduced from seven to six. Mr. Bolin stated that both the Appeals and Planning Commissions recommended approval of the variance with the stipulations suggested by staff. Mayor Jorgenson asked the rear yard setback of adjacent R-3 buildings. Mr. Bolin stated that the average is about a 70-foot reaz setback. 1'lvLVa. _ __ . Mr. Tim Jawor, the petitioner, and his partner, Mr• Max Miller, addressed Council regarding their variance request. Mr. Jawor stated that, in 1994, there was a propT�s fO os osed p oj ect met all the setb ckse but the with very small bedrooms and single garages. p P units were not desirable. Mr. Jawor stated � tated that the unit on the end en roa h sl nbo the rear wide with double garages and entrances. He een s ace and less density than an yard setback, but there would be 3,000 square feet of gr' p e of develo ment causes aparhnent building. He stated that the configuration of the lot and the typ P the hardship. Mr. Jawor stated that these units would be owne�r/loen� Would be n the parkin8 lot areasm He fel this and three bedrooms. He stated that the encroac development would not be detrimental to the neighborhood but an enhancement. Mayor Jorgenson asked where the children living in these units would play. Mr. Jawor stated that there was a pazk in close P in the hurch park ng lot�nHe felt that no Sma er the commission meeting about cluldren pla}nng what type of development was on this site, cYuldre s alled along he entire east s de to keep persons be a problem. He stated that a fence would be in from the church property. Mr. Jawor stated thatt ai ersloutshde and garage doors open.�He fel that increased traffic and owners of the umts leavmg with any development, there would be some increased traffic, and it could be stated in the by-laws that there would be no trailers outside or no ��'��s de� eloe ment n Anotheree shdenh was con emed adjacent apartment complex were m favor of P about how her halfway house would impact this development. Mayor Jorgenson stated that the reason for the setback was to provide green space and areas where children could play on their own property. Mr. Jawor stated that each unit would have its own semi-private area with a deck. This area would be 21 foot by 18 foot in size. Mayor Jorgenson questioned if the reason for constructing seven units, rather than six, was due to economics. Mr. Miller stated that by having seven units, it would reduce the cost for the buyers of these units. Councilwoman Bolkcom stated she did not believe that by having seven units, rather than six, it would reduce costs that much for the owners. Mr. Jawor stated that the costs to the owners for lond al o reduce the init al clostof the townhomes.t fifteen percent if they could construct seven umts an Mayor Jorgenson questioned if the financial situation could be considered a hardship. Mr. K,�aak, City Attorney, stated that the statute was quite clear and states, specifically, that ecor �mic hardship is not a basis for granting a variance. Mr. Jawor stated that there are economic consin s t h a�manne h f° h a dt`'�'ep -un�t ap ll�e t con iguration of the lot. The lot was configured cor �plex. Townhomes require a different configuration to allow the densit� tander the zoning. avL 1Z Councilman Barnette asked about the drainage and if there was a plan. Mr. Jawor stated that a drainage plan was submitted and approved. The plan was for a storm holding pond in the front with water from the back flowing down the south lot line to the pond into the storm system. � Councilman Billings stated that he could not agree with the financial hardship. He stated that if only six units were constructed at 21 feet, there would still be a need for a small variance, unless the end unit was built at 20.8 feet. He stated that he would support such a variance, but he could not support a variance to reduce the rear yard setback to 19.2 feet. Mr. Jawor stated that the lot was designed for a twelve-unit apartment complex, but he felt the City would prefer to have owner/occupied townhomes rather than apartments. Councilman Barnette stated that both the Appeals and Planning Commissions voted unarumously to recommend approval of this variance. He stated that there are some necessary soil corrections, and this property had been vacant for a long time. He stated that the owner of the property to the north. Mr. Hansen, and Mr. Kirkham, representing Grace Lutheran Church, were both in favor of the project, and he would be inclined to approve the variance. Councilwoman Bolkcom stated that six units could be built on this parcel, and she did not feel the City should sacrifice green space. Mayor Jorgenson stated that a 19.2 foot rear yard setback was unreasonable and would set a precedent. She felt that the request did not meet the criteria for a variance. Mr. Jawor stated that in the Innsbruck area there aze some rear yards that are not set back 40 feet. Mayor Jorgenson stated that was due to the sharing of common spaces surrounding the townhomes. Mr. Hickok stated that in the development to which Mr. Jawor is referring, the footprints of those buildings impose on one another; however, the proper setbacks and green space are met outward to adjacent properties. Councilman Billings asked Mr. Jawor if he preferred that Council vote on the varia.nce this evening, or if he would like to work with staff to try to come up with another plan. Mr. Jawor stated he would like more time to determine how he wishes to proceed. MOTION by Councilmari Billings to table Variance Request, VAR #99-OS in order to ascertain the necessary information and to extend the review period for another sixty (60) days and to notify the petitioner in writing of the sixty (60) day extension as soon as possible. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. 14. ARD 1 MOTION by Councilman Billings to table Plat Request, P.S. #99-02 in order to ascertain the necessary information and to extend the review period far another sixty (60) days and notify the petitioner in writing of the sixty (60) day extension as soon as possible. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. Councilman Billings encouraged the petitioner to take a serious look to see what needs to be accomplished in order to construct six units on this site. 15. FTRCT 12T' � nt�rr .-.,-, .�. ...__ __ 506.04 UNATTENDED VEHICLES: Mr. Flara, Public Works Director, stated that this proposed change in the ordinance was to address "snowbirds." He stated that there was a problem with plowing in the winter due to vehicles parked in the street. He stated that this addition to the ordinance would restrict the parlcing of vehicles on City streets from 2:00 a.m. to 6:00 a.m. commencing the first day of November to and including the first day of May of the following year. He stated that this amendment was proposed to improve the City's snow plowing efficiency and the safety on City streets during the winter months. Councilwoman Bolkcom asked how the residents would be notified of this change. Mr. Flora stated that articles could be published in the newsletter. Mayor Jorgenson asked if signs would be posted prohibiting parking. Mr. Flora stated that was a possibility, but staff was not proposing that this be done. Mayor Jorgenson asked if people are issued tickets if they could plead their case that the City had not posted signs. Mr. Knaak, City Attorney, stated that argument gets very little sympathy in court, and ignorance of the law is no excuse. He stated that the City is not under any obligation except to publish the ordinance. Councilman Billings stated that other cities actually have an advertising blitz where notices are placed on windshields of vehicles around the first part of October. This places them on notice that vehicles must be off the street beginning the first of November until the first of May of the following year. He stated that most surrounding cities have signs at the entrances to the City indicating that there is such an ordinance. He felt that perhaps the signs might be considered for around the perimeter of the City. Mayor Jorgenson stated that flyers could be sent to the apartment owners notifying them of this ordinance so they could advise their tenants. MOTION by Councilman Barnette to waive the reading and approve the ordinance on first reading. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. 16. FTRCTRF�ni�Tr.,T .,....��___.___ REMOVAL: �� Mr. Flora, Public Works Director, stated that this ordinance was to protect the public health and safety by restricting the disposition and st �ragn o�enoo e� e The o d nance twould also es abl sh a walkways, boulevards and other public an p p P penalty system for repeated offenses. Councilman Billings noted that the penaltiesin nl�to s ow removalgfees.m' if no cap was imposed. He asked that staff review the language perta g MOTION by Councilman Billings to waiveU onead ogcevo eprallevotingdayeCM yo rJorg nson Seconded by Councilwoman Bolkcom p declared the motion camed unanimously. 1�, INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that staff had no informal status reports. Councilwoman Bolkcom stated that � onsored by ethel Southern Anokal County Chamber of celebration. One was a barbecue p Commerce, which was a great succe�as Phe Sounds of ub lation conc�ert organiz d by Jul e Do h year. She stated that the other event and sponsored by St. William's Catholic Church. The music was beautiful, and the event was well attended. Councilman Barnette stated that June o� recehvedla letterl maly �ont � t SueleAnne Kirlchamlat he stated that former students who have n Municipal Center for further informati staff.He stated that there has been a good response from former students, and current and former there will be a Mayor Jorgenson stated that the `49ers Days parade will be Jua d ent Owre� g matches, and the number o f events a t Co lu m bia Arena includinb a garage sale, p r}' Upper Midwest Auto Extrication Competition at the Training Center site behind Co lum bia A rena. ADJOURNMENT: MOTION by Councilwoman BolkcMa t�o ado°'.�rn on declared the mo on carried unanimouslyeand Upon a voice vote, all votmg aye, y g the Regular Meeting of the Fridley City Council of May 24, 1999 adjourned at 10:31 p.m. Respectfully submitted, Carole Haddad Nancy J. Jorgenson Recording Secretary Mayor City of Frid1eY TO: William W• Burns, CitY Manager�� ' FROM: Jo� G. Flora, Public Works Director DATE: June 14, 1999 SUg�CT; Snowbirds on City streets between the to the first day of e to Chapter 506 specifically addresses thet � of Novemberrand continuing �, �nter The chang the firs Y and safety of o hours of 2:00 a.m. and e� �T�s change is recommended to facilitate the efficiency May of the followinS Y snowploWing °Perations. Section 2 to cil a rove the second reading of the ordinance amendment adding Recommend the City Coun pP Chapter 506.40, Unattended Vehicles and order publication. JGF:cz Attachment 1.01 O�INANCS NO. `aiN ORDINANCL TO AMgND THg CITY FRIDLEy, DSINNgSOTA, BY ADDING 506.04, DN�yTTgN�gD vgHICLLS CODE OF THg CITY OF S73CTION 2 TO CHApT13R THE CITY COUNCIL OF THE CITY OF FRIDLEY DOES ORDAIN 506.04. AS FOLLOWS: Unattended Vehicles 3-:- No person shall stop, park or leave a vehicl upon a street or highway in the Cit e unattended hours. Y for a period in excess of 24 � 0 � fo ow� na v- r PASSED AND p,DppTED BY THE CITY COUNCIL OF THE CITy p 24TH DAY OF M.�y� 1g99 F FRIDLEY THIS ATTEST: DEBRA .�, SKOGEN B CITY CLERK First Reading: Second Reading: Published: l N'�CY J• JORGENSON B MAYOR May 24. 1999 1.02 City of Fridley TO: William W. Burns, City Manager �� ° � FROM: John G. Flora,�ublic Works Director DATE: June 14, 1999 SUBJECT: Snow and Ice Removal PW99-109 Based on the comments of the Council at the May 24, 1999 meeting, the proposed ordinance establishing Chapter 514 "Private Property Snow and ice Removal," has been amended to address the fee strucfure associated with Chapter 11 establishing the penalties for repeated offenses of pushing snow into the street or boulevards along the City stree�s. The change identifies the first violation as a wanung, second violation is a penalty of $50.00, the third $200.00, the fourth $500.00 with a maximum of $700.00 and 90 days in jail. Recommend the City Council approve the second reading of the ordinance establishing Chapter 514 of the Fridley City Code entitled Private Property Snow and Ice Removal, amending Chapter 11 and order publication of a summary ordinance attached. JGF:cz Attached 2.01 ORDINANC$ NO. AN ORDINANCE BSTABLISHING CHAPTER 514 OF THE FRIDLLY CITY CODS ENTITLED "PRIVATE PROPERTY SNOTR AND ICE RSMOVAL" THE CITY COUNCIL OF THE CITY OF FRIDLEY DOES ORDAIN AS FOLLOWS: 514.01. PURPOSE 1. 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 other 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, private parking or similar areas onto public property, provided the snow will be removed within 48 hours following its placement on City property. 2�02 2 514.04. 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. Succeeding violations of the provisions of this Section shall be a misdemeanor, subject to penalties of a maximum of $700.00 and 90 days in jail per occurrence. In the alternative, the City may, in its discretion, impose a civil penalty as follows: 2°a Offense in any given year: $50.00 3rd Offense within 6 months of any prior offense: $200.00 4`h Offense or more within 6 months of p rior offense(s): $500.00 In addition, the City may charge to, and assess to the associated property, any damage to City property or injury to City employees attributable to violations of this section. PASSED AND AD�PTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 24TH DAY OF MAY, 1999. NANCY J. JORGENSON B MAYOR ATTEST: DEBRA A. SKOGEN B CITY CLERK First Reading: May 24, 1999 Second Reading: published: 3 2.03 CHAPTER 11, GENERAL PROVISIONS AND F'EES Section 11.10 "Fees" is amended to include the following: �� ' • • _�' - '_�� . . .� . �- . . . . � •s �. .- , �� -s�-�� . - • •- • _ � �� 11 11 _ � ' 1 � . �_ � - � _� ' _� �' -!�. - �- � �, � � •� ! �� - •- , � � �� 2.04 • '� - � ._� � '� 1 11 � • _'� - �_ . �t•� • �� . � • - - ', 11 11 . � _ � � _ • • � � � • • -� ' , 11 11 � ,�� • �- � ��. �. �- • ,_�, - � �' _ • _ -� . •�-K� ��!••- r � � ��'�� _� • � ' � � . �� . � - • • . • � t - •� ORDINANCE SiJMMARY ORDINANCE NO. OFFICIAL TITLE AND SUMMARY I. Title: An Ordinance Adopring a New Chapter 514 Entitled "Private Property Snow and Ice Removal" and amending Chapter 11 of the City of Fridley Code entitled General Provision and Fees. II. Summary. The City Council of the City of Fridley does hereby ordain as follows: It is an unlawful act to deposit and/or store winter snow and ice on the public streets, sidewalks, bikeway/walkway or other public or private property without the permission of the owner and provides for penalties for violations. The purpose of the ordinance is to prohibit vehicles from pushing snow onto or across the street onto boulevards of private or public property. The property owner of the removed snow is responsible for the actions of himself or any agent involved in the snow removal process. Penalties established result in a notice of the first violation with a second violation penalty of $50.00, third $200.00, fourth $500.00, not to exceed $700.00 and 90 days in jail, plus any City costs. This ordinance is effective 10 days after publication. If you desire further clarification or additional informarion, you may contact the Public Works office at 572-3566 between the hours of 7:00 a.m. and 3:30 p.m. 2.05 CITY OF FRIDLEY PLANNING COMMISSION MEETING, JUNE 2, 1999 CALL TO ORDER: Vice-Chairperson Kondrick called the June 2, 1999, Planning Commission meeting to order at 7:30 p.m. ROLL CALL: Members Present: Dave Kondrick, Connie Modig, LeRoy Oquist, Brad Sielaff, Larry Kuechle Members Absent: Diane Savage, Dean Saba Others Present: Paul Bolin, Planning Assistant Dave Sallman, Public Safety Director Rosie Griep, Public Safety Projects Coordinator Dennis Schneider, 6190 Stinson Boulevard APPROVAL OF MAY 5 1999. PLANNING COMMISSION MINUTES: MOTION by Mr. Kuechle, seconded by Mr. Oquist, to approve the May 5, 1999, Planning Commission minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING• CONSIDERATION OF REZONING REQUEST. ZOA #99- 02, BY THE CITY OF FRIDLEY: Per Section 205.09.01.A.(1) of the Fridley Zoning Code, to rezone a parcel from R-2, Two Family, to R-3, General Multiple Units, legally described as Lot 11, Block 1, Melody Manor, generally located at 7411 University Avenue. MOTION by Mr. Oquist, seconded by Mr. Sielaff, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:35 P.M. Mr. Bolin stated the City of Fridley is making the rezoning request. Staff is seeking to rezone property located at 7411 University Avenue from R-2, Two-Family Units, to R-3, General Multiple Units. The request is being made to correct an error on the zoning maps, to comply with the settlement of a previous lawsuit, and to allow multi-family development including owner-occupied townhomes, 3.01 PLANNING COMMISSION MEETING, JUNE 2, 1999 PAGE 2 Mr. Bolin stated the R-2 zoning allows two-family dwellings, single family dwellings, and single family attached as long as there is a minimum lot area of 5 acres. By changing the zoning to R-3, those uses, as well as the multiple dwelling complexes, would also be allowed. Mr. Bolin stated the parcel is currently vacant and has been vacant since it was platted. There is a 12-unit apartment building located to the north of this site and another 12-unit apartment building to the south. To thE east is R-1, Single Family zoning, and Grace Lutheran Church. To the west is Highway 47/University Avenue. Mr. Bolin stated the property was platted in 1963. At that time, Mr. Ed Chies obtained building permits to construct an 8-unit apartment on the lot but did not build it. The property at that time was zoned R-2 which at that time allowed multiple family units. In 1964, the City changed the R-Z zoning to allow only duplexes and single family homes. In 1970, Mr. Chies tried to obtain his original building permit that had expired and subsequently took the City to court. The settlement reached at that time allowed the R- 3 standards to apply to this prope►ty. In 1986, the zoning maps were redrawn to show the property as R-3, but the parcel was never officially rezoned. In 1988, the City Attorney send a memo stating the parcel should be rezoned to R-3; however, to date, the rezoning has not been processed. In 1994, there was a proposal for a 7-unit condominium project, which was later withdrawn. In 1999, the City received a variance and replat request for this property for a 7-unit owner-occupied townhome complex. When reviewing the address file, current staff discovered the discrepancy in the zoning. Mr. Bolin stated staff recommends approval of this rezoning. It would correct the error on the zoning map, conform with the settlement of the previous lawsuit, meet requirements of the memo of the City Attorney, and would allow owner-occupied townhomes on the site. Mr. Kondrick asked if staff had received any comments from the neighbors. Mr. Bolin stated staff had not received comments on the rezoning request. Staff has had comments regarding the replat and the variance request. Mr. Oquist asked for the status of the replat request and the variance request. Mr. Bolin stated the replat request is to replat the property into 7 lots and the variance request is to reduce the rear yard setback from 40 feet to 19 feet. The City Council acted on the variance request first and tabled it. The City Council was not willing to grant the variance for the rear yard setback and asked the petitioner to re-examine his request. They suggested reducing the number of units to 6 in order to reduce the variance. As a result, the plat request was not acted upon. These requests will be coming before the City Council again on June 14 as well as this rezoning request. Mr. Kuechle asked if the apartment property would remain zoned as R-2. 3.02 PLANNING COMMISSION MEETING, JUNE 2, 1999 PAGE 3 Mr. Bolin stated, yes. Once the comprehensive plan is completed, then staff will examine making more changes in that area. He thought they would eventually be rezoned. He was sure there would be concems from the neighbors as far as maintaining some kind of buffer between the R-1 and an R-3 district even though those are R-3 uses in an R-2 district. At this time, staff feels they should wait until the comprehensive plan is completed before proceeding. MOT�ON by Mr. Kuechle, seconded by Mr. Oquist, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICKECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:42 P.M. Ms. Modig stated she had no p�oblem with the request. MOTION by Mr. Sielaff, seconded by Ms. Modig, to recommend approval of Rezoning Request, ZOA #99-02, by the City of Fridley, to rezone a parcel from R-2, Two Family, to R-3, General Multiple Units, legally described as Lot 11, Block 1, Melody Manor, generally located at 7411 University Avenue. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UIVANIMOUSLY. Mr. Bolin stated this item would be consid.ered by the City Council on June 14. 2. Y2K UPDATE FOR PUBLIC SAFETY: Mr. Sallman stated he is the public safety director and the emergency management director. Most experts do not feel Y2K is going to be a big issue. The difficulty in planning for this is planning for something that probably isn't going to happen. He has spoken with the utility companies, i.e. electrical, gas, telephone, etc., and they say there is no greater risk than what currently exists. Mr. Sallman stated the question is why the City is concerned with Y2K. It becomes an insurance issue. The City has been working on this issue since the beginning of last year. They replaced the police computer system, which needed replacement anyway. The phone system will be replaced in June. The primary critical service is sewer and wat�r. The water has a 24-hour capacity. The sewer system may be more of an issue because the lift stations go down very quickly. They have purchased generators to provide for that so there is no break in senrice should there be no electricity. A number of contingency plans are in place. If anyone has questions about those plans, they can contact staff. Mr. Sallman stated the City has added staff for New Year's Eve. One concern for emergency planners is people. He would suggest keeping some extra food around. He 3.03 PLANNING COMMISSION MEETING, JUNE 2, 1999 PAGE 4 would also suggest people not take all their money out of the banks. If you need some cash, take it out early. Information will be communicated through the City newsletter, the City web site, cable television, senior groups, and handouts. Mr. Bill Champa at the City is the coordinator and can also be contacted for questions. Mr. Sallman stated someone asked a question about what would happen if the computers mixed chemicals wrong. His response to that is they would handle it the same way they would today. Ms. Griep stated the hazardous chemical facility is probably better prepared than other places because they are working on their plans continuously. 3. RECEIVE THE MINUTES OF THE APRIL 5, 1999. PARKS & RECREATION COMMISSION MEETING: MOTION by Ms. Modig, seconded by Mr. Kuechle, to receive the minutes of the April 5, 1999, Parks & Recreation Commission meeting. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. RECEIVE THE MINUTES OF THE APRIL 1. 1999L_HOUSING & REDEVELOPMENT AUTHORITY MEETING: MOTION by Mr. Oquist, seconded by Mr. Sielaff, to receive the minutes of the April 1, 1999, Housing & Redevelopment Authority meeting. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. RECEIVE THE MINUTES OF THE APRIL 20, 1999, ENVIRONMENTAL QUALITY & ENERGY COMMISSION MEETING: MOTION by Mr. Sielaff, seconded by Mr. Oquist, to receive the minutes of the April 20, 1999, Environmental Quality & Energy Commission meeting. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. RECEIVE THE MINUTES OF THE APRIL 28, 1999. APPEALS COMMISSION MEETING: MOTION by Mr. Kuechle, seconded by Mr. Sielaff, to receive the minutes of the April 20, 1999, Appeals Commission meeting. 3.04 PLANNING COMMISSION MEETING, JUNE 2, 1999 PAG E 5 UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 7. RECEIVE THE MINUTES OF THE APRIL 28 1999 HOUSING & REDEVELOPMENT AUTHORITY MEETING: MOTION by Mr. Kuechle, seconded by Ms. Modig, to receive the minutes of the April 28, 1999, Housing & Redevelopment Authority meeting. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS: 8. RESEARCH ON ZONIN� TEXT AMENDMENT Mr. Bolin stated the memo dated 5/14/99 is for the Commission's information. The Appeals Commission at the last three out of four meetings has dealt with requests to reduce the front yard setbacks for additions and remodeling for homes in Fridley. These requests have come as a result of the remodeling handbook that was published. In order to accommodate residents in fixing up homes, staff is looking at proposing a text amendment to reduce the setback that is currently at 35 feet. Mr. Bolin stated Mr. Ma�tig has been doing comparisons to other cities in the metropolitan area to try to come up with a number that would allow for many of the plans that are shown in the handbooks to be done without variances and still meet the City's needs. It makes sense for people to invest in their homes and for the City to remove one barrier to enhancing their property. Mr. Kuechle asked what action would the City like the Appeals Commission to take. The second page of the memo states clearly that they do not meet the undue hardship requirement. If the Appeals Commission is to take that literally, they probably will not approve any of the requests. Mr. Bolin stated the last three requests have been approved because they were within previously granted variances. At least two of the three did have some concems with relatives with physical disabilities and access to the home. There was some hardship shown in the cases they have had so far. That may not be the case in the future. The housing division and planning staff decided it was time to re-examine the front yard setbacks. It did not make sense to encourage people to add on to their homes if the code would not allow it. The plan is to reduce the front yard setback to something less than 35 feet. The exact dimension has not yet been determined. He would anticipate it would be approximately 27 or 28 feet. Mr. Kuechle stated he would like some direction for the Appeals Commission. From the information provided, it appears that the current requests should be denied. Most of the 3.05 PLANNING COMMISSION MEETING, JUNE 2, 1999 PAGE 6 requests were within the range of 27 or 28 feet. He asked if they were going to get more of the requests for two-car garages where a one-car garage now exists. Mr. Bolin stated there is talk about specific language that this is for front entrances. The past requests have been covered porches and not necessarily garages. 9. HOLIDAY STATION STORE Mr. Oquist stated he would like to express his frustration and disappointment with the City Council regarding the Holiday station on Highway 65. The Planning Commission voted 5 to 1 to deny that special use permit and the City Council approved it anyway. He thought the Planning Commission had legitimate concerns about safety, the affect on the neighborhood, and tra�c pattems. Now that they have had an opportunity to drive on the new intersection, he thought they had better seriously take a look at the safety issues and the traffic situation. He almost had an accident a few days ago. Someone pulled out of the existing gas station and didn't think they had to stop. He came off Highway 65 to go up to Hathaway Lane. Because the other pe�son did not want to stop, he had to slam on his brakes. He thought they were opening themselves up for safety issues for that convenience store. The people from Moore Lake are going to cross there and are going to be hit by cars. The way that intersection is now laid out, unless they put up a stop light for the gas station and for those people coming off Highway 65, there is the potential for an accident. There will also be more tra�c than there is today because this is a convenience stare and a big gas station. Mr. Oquist stated he understands the item is tabled and the City Council is going to go back and review the special use permit that was issued back in 1976. He is frustrated and disappointed because the City Council did not take into consideration the 5 to 1 vote of the Planning Commission and the concerns expressed. He plans to attend the City Council meeting and speak as a citizen of the neighborhood. The Planning Commission spent quite a bit of time reviewing the proposal, voted 5 to 1 to deny, and three of the City Council members still approved the request. Ms. Modig stated she agreed. She lives in that area and that is her main thoroughfare in and out. She feels it is totally inappropriate to have a convenience store there because it is going to create problems with Moore Lake, and it is going to create problems with the additional traffic that will be coming from the Medtronic development. She thought the potential is there for a real disaster. Mr. Oquist stated he thought there was also an issue because the wooded property was not zoned properly. Either they have to withdraw the car wash or rezone the property. He thought that was tabled as well. 10. CODE ENFORCEMENT Mr. Kuechle stated there was an interesting article in the Tuesday edition of the Minneapolis paper on Roseville's efforts on code enforcement. The article talked ab�� 3.06 PLANNING COMMISSION MEETING, JUNE 2, 1999 PAGE 7 that city's efforts to try to maintain the quality of housing, the quality of the city, and some of the difficulties they have encountered. ADJOURNMENT: MOTION by Mr. Oquist, seconded by Mr. Sielaff, to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE JUNE 2, 1999, PLANNING COMMISSION MEETING ADJOURNED AT 8:10 P.M. Respectfully submitted, e.c� a onn Cooper � Recording Secretary 3.07 ►� 1 ►� � � � � 1 il�� PLANNING DIVISIUN DATE: June 7, 1999 � TO: William Bums, City Manager�� FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Missy Daniels, Code Enforcement Officer SUBJECT: License for Trailer, Totino-Grace High School Brother Milton Barker, President of Totino-Grace High School, has requested a three-year extension of a license for a trailer on the school grounds. The trailer houses finro employees of Independent School District 14, who under Minnesota State Law provide Guidance and Counseling Services to students at Totino-Grace High School. Until 1999, State law required that these employees not be present in the non-public school building. Before the law changed to allow them in the building, Totino-Grace remodeled and moved Guidance Services to a part of the building that does not currently have space for these finro employees. As they work on their Master Plan, incorporating these two employees into the main building is a goal. For the #ime being, however, they are requesting the �hree-year extension on their trailer license. ' • - •uit-l.. • City Staff recommends approval of a three-year extension on iotino-Grace High School's trailer license. M-99-140 4.01 CITY OF FRIDL$Y INSP$CTION DIV `', 6431 University Avenue NE Effective 1/1/99 _=� Fridiey, l�T 55432 � �`E �' 572-3604 `-='�' �;��_ APPLICATION FOR PARKING/OCCUPYING A IiOUSE TRAIT.FR _ ->� Licensing Period May lst through April 30th - Location Address • 1350 GARDENA AVENUE NE, FRIDLEY, I�IlV 55432 Landowner & Address : TOTiNO-GRACE HIGH SCHOOL Tel .# 571-9116 Installer • = HILLTOP TRAILEIt • Tel . ##571-9103 Address: 4560 CENTRAL AVE NF� CO�,UItiIBIA HEIGHTS. MN NIN LICENSE Relationship (if any) between Trailer Owner and Landowner: NONE DESCRIPTION OF HOUSE TRAILER TgAILER MAKg,• MiLLER STRUCTURE $IZE : 12' X 60' STATE SEAL � 921918 . TO BE USED FOR: �ARFFU ('FNTFR Time Period to be Parked/Occupied: �f� ATTACH PLOT PLAN SHOWING TRAILPsR LOCATION ON PROP$RTY If trailer is to be occupied, the following should be attached: 1. List of names and ages of all occupants. 2.�Facilities for sewage disposal, water & electricity. 3. Place of employment of applicant. ' 4. Is applicant constructing a home in City. Signatures of Adjoining Property Owners Granting Approval: ` . .� DATE: Mav 6, 1999 APPLICANT' � Tel.# 57 p,NNUAL ggg; [ ] Parking Only .$30.00 [ ]New [x ] Occupying $75.00 [ ]New Receipt #��0 COUNCIL DATE: �>LICENSE NO: ::STIPULATIONS:, �� • � 4.02 [ ] Renewal [XJ Renewal -9116 EXPIRES : ,;; . - -=� �:. - ' � t" � M ��. . 'r'. '' ,� � ' ,- � : �� *K,�` ; n, `�- , ,� _ ��s �y��} � � �t . . �_ ' _'�,� l �+-- "` ?Y�', :• iy �-.r,i� . . . . . _. ' t1 t�.. -k ,1- i.s ' . . . .. - .�l' . -:a City of Fridley TO: William W. Burns, City Manager „�� PW99-113 r FROM: John G. Flora,�ublic Works Director DATE: June 14, 1999 SUBJECT: Joint Powers Agreement with Anoka County for Reconstruction of East River Road We received a Joint Powers Agreement from Anoka County for the final portion of the East River Road improvement project between Rickard Road and Lafayette Street within the City of Fridley. This is a federal participating project. The estimated cost for the City's portion of the project is $437,074.97. The federal govemment is contributing 80% of the project, leaving the City amount at $80,939.81. In addition, the City is required to pay a percentage of the engineering costs to the County estimated at $32,375.92 for a total cost to the City of $113,315.73. The construction cost will be automatically withdrawn from our State Aid account and paid by MnDOT to the contractor. Ninety-five percent of the engineering cost are payable to the County immediately with the remaining cost to be paid at the end of the project. The total engineering costs are eligible for MSAS reimbursement. To facilitate the completion of the East River Road improvement, recommend the City Council authorize the mayor and city manager to execute Joint Powers Agreement No. 990507. JGF:cz Attachment 5.01 Anoka County Contract No. 990507 JOINT POWERS AGREEMENT FOR THE RECONSTRUCTION OF COUNTY STATE AID HIGHWAY 1 (EAST RIVER ROAD) FROM COUNTY STATE AID HIGHWAY 8 (OSBORNE ROAD) TO MISSISSIPPI BOULEVARD (SP 02-601-37) This Agreement made and entered into this 9th day of March, l 999, by and between the County of Anoka, State of Minnesota, a political subdivision of the State of Minnesota, 2100 Third Avenue North, Anoka, Minnesota, 55303, hereinafter referred to as "County", and the City of Fridley, a municipal corporation of the State of Minnesota, 6431 University Avenue Northeast, Fridley, Minnesota 55432, on behalf of the City, hereinafter referred to as the "City". WITNESSETH WHEREAS, the parties of this agreement wish to improve the condition of East River Road as well as the drainage along East River Road; and, Vi�I-iEREAS, said parties are mutually agreed that the reconstruction of East River Road and construction of a storm sewer system should be done as soon as possible; and, WI-�REAS, the parties to this Agreement consider it mutually desirable to provide new traffic control signals at the intersections of 77'� Way and 79'� Way for the safety of the traveling publj�; and, VtTI�REAS, the parties agree that the County shall cause the reconstruction of County State Aid Highway 1(East River Road); and, VI�HEREAS, the Anoka County Highway Department has prepared plans and specifications for Project No. SP 02-601-37 which plans and specifications are dated November 30, I 998, and which are on file in the o�ice of the County Engineer; and, WHEREAS, the parties agree that it is in their best interest that the cost of said project be shared; and, -1- 5.02 WHEREAS, together with the sharing of the cost of construction for the traffic signals, storm sewer, and roadway, the City will incorporate miscellaneous utility work to be covered by this A� eement; and, WHEREAS, Minnesota Statute 471.59 authorizes political subdivisions of the State to enter into joint powers agreements for the joint exercise of powers common to each. NOW, THEREFORE, IT IS MUTUALLY STIPULATED AND AGREED: I. PURPOSE The parties have joined together for the purpose of reconstructing the roadway, drainage, sidewalk, traffic control systems, as well as other utilities on a portion of County State Aid Highway 1(East River Road), as described in the plans and speciiications numbered SP 02-601-37 on file in the office of the Anoka County Highway Department and incorporated herein by reference. II. METHOD The County shall provide all engineering services and shall cause the construction of Anoka County Project No. SP 02-601-37 in conforrnance with said plans and speci�cations. The County shall do the calling for all bids and the acceptance of all bid proposals. III. COSTS A. The contract costs of the work, or if the work is not contracted, the cost of all labor, materials, normal engineering costs and equipment rental required to complete the work, shall constitute the actual "construction costs" and shall be so referred to herein. "Estimated costs" are good faith projects of the costs, which will be incurred for this project. Actual costs may vary and those will be the costs for which the City will be responsible. The City will be responsible for 20% of the eligible city share and 100% of the ineligible city share. B. The estimated cost of the total project is $2,707,303.04. Participation in the construction cost is as follows: -2- 5.03 1. The City shall provide construction observation for the relocation and reconstruction of their utilities and approve for acceptance the work as it is completed. 2. The City shall pay their share of mobilization, computer equipment, �eld office and mobile telephone as deternuned by Mn/DOT. The estimated City cost of these items is $14,105.00. 3. The City shall pay their share of detour signing and traffic control as determined by Mn/DOT. The estimated City cost of these items is $10,660.00. 4. The City shall pay 100% of the hydrant and curb box relocation and gate box adjustment as well as water and sewer relocation and construction. The estimated City cost of these items is $32,792.00. 5. The City shall furnish and deliver to the construction site replacement hydrants for any hydrants, which is being relocated as a part of this project, which they want replaced. 6. The City shall pay for the non-participating and non-eligible portion of the storm sewer construction plus a percentage of the eligible portion of, storm sewe.r construction. The estimated cost of the non-participatin; storm sewer is $0.00 of which the estimated cost to the City is $0.00 (100%). The non-eligible and eligible portions are defined in the State Hydraulics letter. The cost of the eligible portion will be split between the City and County based on the ratio of contributing flow determined by the product of contributing azea and runoff coefficient. The estimated percentage of contributing flow from the City is 15 percent. The total eligible estimated cost of the storm sewer is $470,960.30 of which the estimated cost to the City is $70,644.05. The total non-eligible estimated cost of the storm sewer is $0.00 of which the estimated cost to the City is $0.00(100%). The total cost of the storm sewer construction is estimated at $470,960.30 of which the estimated cost to the City is $70,644.05. 7. The City shall pay for 15 percent of the cost of detention basins (including ponds and their outlet structures and grit chambers/collectors). The City portion of the cost is based on contributing flow to the detention basin determined by the product of contributing area and runoff coefficient. The total estimated cost of the detention basins is $0.00 of which the estimated cost to the City is $0.00. -3- 5.04 8. The City shall pay 50% of the cost of concrete curb and gutter (less medians). The estimated total cost of curb and gutter including medians is $79,728.00, of which the City's estimated share is $28,162.00. 9. The City shall pay the cost of decorative median above the cost of concrete median. The City's estimated cost for decorative median is $0.00. 10. The City shall pay 100% of the cost of inedian plantings. This cost shall include design by a landscape architect, installation of plantings, design/installation of an underground watering system and median widening costs needed to meet the County's 10 foot (10') minimum median width. The City's estimated cost for median plantings is $0.00. 11. The City shall pay 100% of the cost of new concrete and/or bituminous k driveway pavement for all upgraded driveways. The City's estimated cost for driveway pavement is $8,032.00. 12. Any in-place driveway pavement disrupted by the construction will be replaced in kind by the County at no cost to the City. 13. The City shall pay for 100% of the cost of new sidewalk installed on the project. The estimated cost to the City is $73,658.00. 14. In-place concrete walk will be replaced by the County at no cost to the City. 15. The City shall pay 100% of the cost of new bituminous trails. The City's estimated cost for the trail is $33,146.00. 16. The City shall pay 100% of the cost of any street lighting included in the project. The design and installation of ornamental streetlights shall be in accordance with the County's specifications. The City's estimated cost for street lighting is $0.00. 17a. The City shall pay to the County 67% of the cost of construction and installation of the whole traffic actuated signal system at 77th Way and 75% of the cost of construction and installation of the whole traffic actuated signal system at 79th Way. The City's estimated share of the construction is $127,500.00. -4- 5.05 17b. The County shall pay 100% of all interconnect costs. 17c. The City shall pay 100% of Emergency Vehicle Pre-emption (EVP) costs. The City's estimated share of the construction is $6,000.00. 18. The total estimated cost to the City for the project is summarized below: Right-of-Way $ �0.00 Share of Mobilization, etc. $ 14,105.00 Share of Detour and Traffic Control $ 10,660.00 Construction or Adjustment of Local Utilities $ 32,792.00 Grading, Base & Bituminous $ 0.00 Storm Sewer $ 70,644.05 Concrete Curb & Gutter $ 28,162.00 Decorative Medians $ 0.00 Median Plantings $ 0.00 Driveway Upgrades $ 8,032.00 Concrete Sidewalk $ 73,658.00 Trails $ 33,146.00 Street Lights $ 0.00 Traffic Signals $ 127,500.00 EVP $ 6,000.00 Construction Engineering Services $ 32,375.92 Grand Total Estimated Share To the City $ 437,074.97 C. The estimated cost to the City (20% of the total estimated share) for the project is $80,939.81 as shown on the attached Exhibits A and B. The City participation in construction engineering will be at a rate of 8% of their designated share. The estimated cost to the City for construction engineering is $32,375.92. The total estimated construction cost to the City for the project is $113,315.73. D. Upon award of the contract, the Minnesota Department of Transportation, hereinafter refened to as "State," will transfer from the City MSA Account 100% of the City's eligible construction cost of the project to the Agency Account estimated at $80,939.81. -5- 5.06 E. Upon award of the contract, the City shall pay to the County, upon written demand by the County, 95% of its portion of the construction engineering cost and ineli� ble costs of the project estimated at $30,757.12. The City's share of the engineering cost of the project shall include only construction engineering expense and does not include administrative expenses incurred by the County. F. Upon final completion of the project, the City's share of the construction cost will be based upon actual construction costs. If necessary, adjustments to the initial construction costs transfened from the City's MSA Account will be made by the State in the form of credit or additional transfers. Also, the remaining 5% of the City's portion of the construction engineering costs and ineligible costs shall be billed to the City by the County. N. TERM This Agreement shall continue until (1) terminated as provided hereinafter. V. DISBURSEMENT OF FUNDS All funds disbursed by the County or City pursuant to this Agreement shall be disbursed by each entity pursuant to the method provided by law. VI. CONTRACTS AND PURCHASES All contracts let and purchases made pursuant to this Agreement shall be made by the County in conformance to the State laws. VII. STRICT ACCOUNTABII.ITY A strict accounting shall be made of all funds and report of all receipts and disbursements shall be made upon request by either party. VIII. TERNiINATION This Agreement may be terminated by either party at any time, with or without cause, upon not less than thirty (30) days written notice delivered by mail or in person to the other party. If notic� � 5.07 is delivered by mail, it shall be deemed to be received two (2) days after mailing. Such ternunation shall not be effective with respect to any solicitation of bids or any purchases of services or goods which occurred prior to such notice of termination. The City shall pay its pro rata share of costs which the County incurred prior to such notice of termination. IX. SIGNALIZATION POWER The City shall at their sole expense, install or cause the installation of an adequate electrical power source to the service cabinet for the intersections of 77th Way and 79th Way, including any necessary extension of power lines. The City shall be the lead agency in this matter. Upon completion of said traf�c controls signal installation, the ongoing cost of the electrical power to the signal shal] be the sole cost and expense of the City. X. MAINTENANCE A. Maintenance of the completed watermain, sanitary sewer, storm sewer (except catch basins and catch basin leads), detention basins (including ponds and their outlet structures and grit chambers/collectors) shall be the sole obligation of the City. B. Maintenance of all trails and sidewalks, including snow plowing, shall be the sole responsibility of the City. C. Maintenance of streetlights and cost of electrical power to the streetlights shall be the sole obligation of the City. D. Maintenance of the completed signal and signal equipment shall be the sole obligation of the County. E. The County shall maintain the traffic signal controller, traffic signal and pedestrian indications, loop detectors and associated wiring of the said traffic control signal at the sole obligation of the County. F. Painting of the traffic signal shall be the sole obligation of the County. G. Timing of the traffic signal shall be determined by the County. -?- 5.08 H. Only the County shall have access to the controller cabinet. I. The traffic control signal shall be the property of the County. J. The City (or Cities if more than one) shall be responsible for maintenance of the luminaries, luminaire relamping, and luminaire painting. K. All maintenance of the EVP System shall be completed by the County. The City will be billed by the County on a quarterly basis for all incurred costs. � L. EVP Emitter Units may be installed on and used only by Emergency Vehicles responding to an emergency as de�ned in Minnesota Statutes § 169.01, Subdivision 5, and § 169.03. The City shall provide a list to the County Traffic Engineer, or the County's duly appointed representative, of all such vehicles with emitter units on an annual basis. M. Malfunctions of the EVP System shall be immediately reported to the County. N. All timing of said EVP System shall be detei-mined by the County. O. In the event said EVP System or companents are, in the opinion of the Couney, being misused, or the conditions set forth are violated, and such misuse or violation continues after receipt by the City, written notice thereof from the County, the County shall remove the EVP System. Upon removal of the EVP System pursuant to this paraaraph, the field wiring, cabinet wiring, detector receiver, infrared detector heads and indicator lamps and all other components shall become the property of the County. XI. NOTICE For purposes of delivery of any notices hereunder, the notice shall be effective if delivered to the County Administrator of Anoka County, 2100 Third Avenue, Anoka, Minnesota 55303, on behalf of the County; and the City Manager of Fridley, 6431 University Avenue Northeast, Fridley, Minnesota 55432, on behalf of the City. � 5.09 XII. INDEMNIFICATION The City and the County mutually agree to indemnify and hold harmless each other from any claims, losses, costs, expenses or damages resulting from the acts or omissions of the respective of�cers, agents, or employees relating to activities conducted by either party under this Agreement. XIII. ENTIRE AGREEMENT REQUIltEMENT OF A WRITING It is understood and agreed that the entire agreement of the parties is contained herein and that this Agreement supersedes all oral agreements and all negotiations between the parties relating to the subject matter thereof, as well as any previous agreement presently in effect between the parties to the subject matter thereof. Any alterations, variations, or modifications of the provisions of this Agreement shall be valid only when they have been reduced to writing and duly signed by the parties. � 5.10 IN WITNESS WHEREOF, the parties of this Agreement have hereunto set their hands on the dates written below: ��IJNTY OF AI�1�KA By: Dan Erhart, Chairman County Board of Commissioners Dated: ATTEST . By: John "Jay" McLinden County Administrator Dated: RECONIMENDED FOR APPROVAL By: Jon G. Olson, P.E. County Engineer Dated: APPROVED AS TO FORM By: Dan Klint Assistant County Attorney Dated: CITY OF FRIDLEY By: Nancy J. Jorgenson ItS: Ma�or Dated: By: William W. Burns Its: City Manager Dated: By: �� n ohn G. Flora Its: Dir Public Works/CE Dated: By: _ Its: Dated: dkkonvact\1999�fridley.jpa (5/26/99} (based on Highway Dept. format) -10- 5.11 r . .� a � Y 3 n �f O � N r � 0 N a � � � C O1 � � a � �n 0 . u� ^ Jp �K G dr W W � t � C ~=Y�l m � � Xn�.w W �j 7 t- o � N d O NG � O �7 N W F- H 2 < � C � z � g W H 0 2 � W F�' rl+lm �I�IE IN'N iVol11A'�'�' �� m m;fO��ff m ad �m'mimi�,�.�f, O.O O��"��N' •.hIH�N'��N' �NtNINiN�N�N� Elel`cl'cl`IsIE £IEIE �� voc E!�IEIE JIO�JIV;�,.�101C.7;F,F,.(i:(Jll:uiu�u��iV•�u Z� F.r:v.V: D�R.O,�!O'�O�J:JI`�� Wtu 12!t�:U_' IC� �=•Z�O�V.:X'C7:Z'K: VJ:m�N�fD�G�tllitA,iA! ICI�,1'�� W��Z1�'Z;OiWt E�E�E £'E!EIE1E��.:r-�'��_� i ixc�;LL<, p�in�' 0.0� EpEiEIE:� EjEI£i��;w wI��E�£I��¢'�,f- p,w w o:o��. g g g g g� g;� ��,� �:>•�i�,m,a �i��W�w:o � o� ,o aawuae,h�•�o�ui�LLm�rn�rnwcZ � � IN�PfiPllPflt9i 'N�11li��Ni10.Pl�r" pf'PlilflPl•Of.e�1�Hf�Pf1.-.- 'D:p,��,0�000'Q.�-�:�'�'�' O O O�O O.O'O�O'� •��$ �O.�O:tO� ��D•tD �fl Yf �ra,Yf�N.b��lf Yf� t0:10�10�fO:fD:tO.i0.10.10�Yf . . . . . . . . . ,f�r�♦ ;f:f�fi�:Y'1fj.yj�ff�N�Uf�Yf�ltl.Uf�10�l1l9�Pl�N�W�W�bW' tp��pltp (p��m m�a0im.'ono��o m�apVp,�p•�:�p.A.�..A,n n r.1�.1� �t7.�[f��[1nn W b.�p�Uf�N�Y7 �ff b�b�N��H� U! ��ff��ff.N.b Iff��H•�f NiN�N�N�N•NjIV�N�N�N N'�N�N�IV!N'N�N�N•N'N�IV��V'N:N�N� � • e � a m � w � 0 e i W "` J p G� W � = W i <�¢ �z� m�� Xd� W �j^ /= o iN do a~i � O t� f Y � � O � N ^ � O � N Q � W � i � g a` � 0 � x 0 N Q lh � IN U A m • O N N N N N � p W � O m m � _� 10 O r0 t0 Pf � O O O fq 'y� N F N � H � O • 9 � � �. CS3� o � g °n��i O `o��ao i �'a N N W ' 6 C) V H C < d F- O x U N f- a : ° $$8 U F mm� O h M ro N �� W K m �� _ �°. � go y a o° �m°m H aD f �1 O M y N~ N � x N o� �� m�� N N O N N O O 01 m ai � ' u� ' o mm�o � o �; » N�Nf N h m � � o � q �s�� o �s�� a o'n§N,i� za�v� �ya �SS .".st4 �� a o 0 C p ri �d � c riq �� c° eazHU�w �aZNNW t V 5.14 0 �srr B COST-SHARING AGREEMErT • FOR PROJECTS CONSTRUCTID IN ANO%A COUt�'T'Y USIN� COiJI�'Ti' STATE AID FUNI)S OR LOCAL T.4� LEVY DOLLARS ITEMS . COUI�'TY SHARE CiTY SRARE B i}:eways 0 100 So Conczete Curb and Gutter Concrete Sidewalk Concrete Sidewalk Repiacemeat Concrete Curb and Gutcer for Mediaa Constructioa Concrece Median Construction or Adjuscment of Locat Utilities Gradin;, Base aad Bitumiaous Storm Sewer Driveway Upgrades _ Traffic Signals (communities larger than 5,000) Traffic Signals (com:aunities less than 5,000) Ea;ineering Services Riaht-of-Way Street Liabts �� „a � 50 % 0 ioo � 100 ri'o 100 96 0 100 Sb based on stace aid letter*= 0*6 1/2 the cost of its le;s of the intersection 100 r� � 100 i 0 50 Sb ioos 0 0 0*' ' 100 � 0 based on scace aid letter*= 100 S'o the cost of its le�s of the intersection plus 1/2 the cost of the Counry legs of the intersection 0*' � 0"s 100 go The County pays for 1009� of a Scandard Mcdian Design such as plain concreu. If a local uait of government requests de^.ontive median such as red brick, sramped concrete, or czposed a�gregaie concrete, the local unit will pay the additional cost above the cost of standard mediaa. In the event no State Aid is being used, drainage cost shares will be computed by proportions of total area to Counh� area where the area of the road right-of-way is doubled prior to performance of the calculations. In cities less than 5,000 people [be County pays for 1009b of the cost of the traffic signal eff�tive March 1986. The County collects on behalf of the cities (less thaa 5,000) "Municipal State Aid Dollars" since they do not themseives qualify for state aid funds. These funds are used to pay the City Share. , En�ineering shall be paid by the I,ead A:eacy ezcept that any participatine agency will pay construction eneineering in the amount of 8� of the construction cos�s paid by that agency. "`s In ebe event ehat the Township or City requesu purchase of right�f-way in ezcess oi those risht-of-ways raquired by County coastruction, the Township or Ciry participates to the eztent aa agreem�nt caa be reached in these properdes. For instance, a Township or City may request a sidewal3; be conseructed alongside a County roadway which would require additional ri�ht- of-way, in whicb cue the Township or City may pay for that portioa of the ri�ht-of-way. Acquisition of ri�ht-of-��a}� for new• ali�nmencs shall be the responsibility of the Township or City in which the alignment is la:ated. This provision may be :�:aived by a:reement with tha Countv Board if the roadway replacrs an existin� alignment and the local unit of go��emment ta}:es jurisdiction of that existing ali�ament. In addition, any costs, includin� right�f-way costs, incurred by the Count}' be: ause a Township or Cih� did not acquirz sufficient ri�ht-of-way duri.n: the plattin; process or redevelopment process shall be paid by the Towaship or Cit��. � � The Count�� will replace all drivewa;�s in-i:ind. Up;rades in surfacin� (i.e. gravel to bituminous, hituminous to concrete) sball be at I00 � expease to che Tou-ns'nip or Cir}•. 5.15 akia�.+,+�vtom,.�ezlw'h'n.fn.t �/F143 � � TO: WILLIAM W. BURNS, CITYMANAGER � FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR SUBJECT: Approval of a Lease for the new Liquor Store DATE: January 7, 1999 On May 17, 1999, I reviewed the key elements of the lease that is being proposed for the new locarion of the Fridley Warehouse Liquor Store. The new location is on the corner of University Avenue and Highway 694, in the northeast corner of the building that C�b Foods is located in. Some of the key features of the lease are: 1. The lease has a term of 15 years with the following cost elements: • Lease cost 1- 5 years $6.25 sq. ft. 5— 10 years $7.19 sq. ft. 11-15 years $8.25 sq. ft • Common Area Maintenance Charge is estimated to be approximately $5.42 per square foot. 2. The total space involved in the lease will be 13,331 square feet. 3. The lease provides a termination clause for the City allowing us to end the lease if a grocery retailer is no longer a tenant in the building. Staff has reviewed the lease with the City Attorney and we aze making a recommendation that Council make a motion to approve the lease with the landlord Lyndale Temunal Company. RDP/me C��T TO: WILLIAM W. BURNS, CITYMANAGER�� FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR SUB.TECT: ARCHITECTURAL AGREEMENT WITHK%EARCHITECTS DATE: June 9, 1999 Attached is the agreement that I reviewed with the City Council on the evening of May 17, 1999. With the hiring of a Liquor Operations Director we are now ready to start into our project of a third liquor store. As I outlined previously, the project would provide for a third liquor store that would become our "Warehouse" store. This store would be a leased facility in the old Holiday building which now has as anchor tenants Cub Foods and Gander Mountain. We would construct a 13,331 square foot store that would involve KKE in the follows elements: 1. Structural Design 2. Mechanical Design 3. Electrical Design The scope of our project will involve designing each of the azeas above along with the design of the interior of the store. The overall project scopes of services will entail the following areas: 1. Schematic Design Phase 2. Design Development Phase 3. Const�uction Documents Phase 4. Bidding or Negotiafion Phase 5. Construction Phase Administration of the Constcuction Contract The construction administration portion of the contract will provide the City with periodic site visits by the architect to deternnine compliance with the construction contract and the completion percentages in relation to the proper pay requests. Based on the architect's observations and evaluations of the contractors application for payment, the architect shall certify to the City the proper amount due to the contractor. The compensation for the architect is based on 7.75% of the construction cos�t. At this point of the project, it is estimated that the project cost related to the construction phase 7.01 will be approximately $650,000. The payment schedule for the architect will be based on certain benchmarks of constcuction, payments would be made as follows: 1. Schematic Design completion 20% 2. Design Development Completion 20% 3. Construction Documents Phase 40% 4. Bidding or Negotiation Phase 5% 5. Completed Project 15% Staff has been working with KKE on and off for a number of yeazs related to the relocation of the new liquor store and feels very comfortable with the technical ability of the fum. Staff is recommending Council �nake a motion to approve the contract for architectiu�al services with the firm of KKE Architects for the construction of the City's third liquor store. RDP/me Attachment 7.02 f Standard Form of Agreement Between 4wner and Architect AIA Document B141 - Electronic Format THtS DdCUMEN? HAS IMP4RTANT LEGAL CONSEQUENCES: CONSULTA'iTON W[TH AN A'fTORNEY IS ENCOURAQED W[TF! RESPECT TO ITS COMPLET[ON OR MODIFICATTON. AVCHENTICATtON OF THIS ELECTROTJICALLY DRAFTED AIA DOCUMEN? MAY BE MADfi BY USING AU DOCUMENT D401, Copyright 1917, 1926, 1948, 1931 � 1953, 1458, 19b1, 1963, 1966, 196T, 1970, 1974,1977.1987 by Ths American Instituu of Archiucts, 1735 New York Aveaue, N. W., Washington, D.C., 20006-5292. Repmduction of the maurial herein or substantial quotadon of its provisions without written pcnnission of the AlA violates the copyright Iaws of the Uoited States and wilt be subjeci to legal prosecution. AGREEMENT made as of the day of in the year of Nineteen Hundred and ninetv-nine BETWEEN the Owner: (Na,ne and address) City of Fridlev 6431 Universiri Avenue. NE Fridlev. MN 55432-4383 and the Architect (Nmrre and address) KKF, Arclitects KKE No. 99-10-1106-0t 300 First Avenue North. Suite 500 M�apolis. Minnesota 55401 For the following Projecr F_ ridley�,Q11wr Warehouse at Gtib Foods: 6J4 8c University Av�nue (lnciude detailed descdption ojProjecr, location, addreu axd scope) Tenant 1I11DiOVCII1Cilt��DIOXIiI]SLCIV 13_000,�j�'��,�8CC w'1�1II1 tI1� ll Foods a ili _ Worlc�q i c Architectural. Struct�ual. Mechanical �p¢ Electrical desi¢n vsee aces' .€g,� remodelin¢ � sa � area �.��I.� exterior en vestibule and 'mali-side' entrance. Desi� wo� will incl�e those �ncti„ction and desi¢n detaits reauired for inte�ration into the �roiect items designed bv others such as fixtur�,�hetvin¢ aud the cooler Work is based on the floorotan'Sketch 2' attached dated 11/03/98 by KKE Architects. The Uwner and Architect agree as set forth belaw. AIA DOCUMENT B141 - 0 WNER-ARCHITECT AGREEMEIVT - FOURTEENTH EDIITON - AIA - COPYRIGHT l98'7 - THE AMERfCAN 1NSTITIffE OF ARCHITECTS, 1735 NEW YORK AVENCTE N.W., WASHINGTON, D.C. 20006-5292.; Uolic�eosed photocopying violates U.S. wpyrigt+t laws and 'u subjac ro legal prosecution. This document was elec�onically prod�ced witb thc pemussion of the AIA and can be nproduced without'vidation untit the date of expiratian as noud below. ElecuonicFormat B14E-i987 User poct�ment: ABOA -- 4/2611999. AIA License Number 103865, whlch expires on 8RIt 999 -- Page #1 7.03 TERMS AND CONDITIONS OF AGREEMENT BETWEEN OV�NER AND ARCHITECT ARTICLE 1 ARCHETEC7'S RESPONSiBILITIES 1.1 ARCHITECTS SERVICES 1.1.1 The Architect's services consist of those services performed by the Architeci, Arclutec�s ea�ployees and Architect's consultanu as enumerated in Articles 2 and 3 of this Agreement and any other services included in Arcicle 12. 1.1.2 The Architect's services shall be performed as expediteously as is consistent with professional skill and care and the orderly progress of the Work. Upon request of the Owner, the Arclutect shall submit for the Ownei's approval a schedule for the performance af the Architect's services which may be adjusted as the Projsct proceeds, and shaJl include altowances for periods of time required for the Owne�s review and for approval of submissions by authorities having jurisdiction over the Project Time limits established by this schedule approved by the Owner shall not, e:ccept for reasonable cause, be exceeded by the Arclritect or Ownec. 1.1.3 The services covered by ttris Agreement are subject to the time liautations contained in Subparagraph 11.5.1. ARTICLE 2 SCOPE OF ARCHITECTS BASIC SERVlCES 2.1 DEFINITION 2.1.1 The ArciutecPs Basie Services consist of those described in Pazagraphs 2.2 through 2.6 and any other services identified in Article 12 as part of Basic Services, and include nom�al structural, mechanical and electrical engineering services. 2.2 • SCHEMATIC DEStGN PHASE 2.2.1 The Architect shall review the program furnished by the Owner to ascertain the reqnirements of du Project and shall arrive at a muwal understanding of such requircments with the Owner. 2.2.2 The Architect shall provide a preliminary evaluarioa of t�ie Owner's program, schtdule and constraction budget requirements, each in tem�s of the other, subject to the limitations set forth in Subparagraph 5.2.1. 2.2.3 The Architect shail review with the Owner alternative approaches to design and coastruction of the 2.2.4 Based on the arutually agreed-upon program, schedule and constiuction budget requirements, the Architect shall prepere, for approval by the Owner, Schcmatic Design Documents consisting of drawiags and other docurnents illustrating the scale and relationship af Project components. 2.2.5 �e �teeE -ske� -ete� -te -�e � -�- �el� -esEee�ate �e€ �e#iee-C-es� �tse�i -en-eesee� , - 2.3 DESIGN DEVELOPMENT PHASE 2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schtdule or cons�uction budget, the Architect shall prepare, for approval by the Owner, Design Development Documents consisting af drawings and other documents to fnc and describe t6e size and character of the Froject as to architeehual, s�uctural, mechanical and electcical systems, materials and such other elements as may be apprapriate. 2.3.2 �e �teef -ske�� -e�ise -#� �waer �€ -sa�- 2.4 CONSTRUCTION DOCUMENTS PHASE 2.4.7 Based on the approved Design Development Documents and any futther adjustinenb ui the scope or quality of the Project or in tha constcuction budget authorized by the Owner, the Architect shall prepare, for approval by the Owner, Construction Docurnents cansisting of Drawings and Specifications setting forth in detail the requirernents for the construction of the Project. 2.4.2 The Arciritect shall assist the Owner in the picparation of tlx necessary bidding infomiation, bidding forms, the Conditivns of the Contract, and the form af Agreement between the Owner and Contraetor. 2.4.3 �e -A�e�iteet -s� -e�iee -ibe -Awaee �€ -ee�- eea�it�s. 2.4.4 The Architect shall assist the Owner in cannection with the Owne�'s responsib�ity far fil�'ng docunients required for the approval of govermnemal authorities having jurisdiction over the Project 2.5 BIDDING UR NEGOTIATION PHASE Project. ' 2.3.1 The Architect, following the Ownat's approval of the AfA DOCUMENT 6141 - OWNER-ARCHTfEC.'T A(iREEMENT - FQURTEE,NTH EDTIZaN • AIA • COPYRICiH'f 1987 - THE AMERlCAN iNSTI'['UfE QF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHiNG1'ON, D.C. Z0006-5292.; Unlicensod photocopying violup U.5. copyright laws aiM is subject to legal prosecution. This documa�t was clectronicaHy pcoduced with the pemdssion of the AIA aad can be eeproduced withoui violation until the date of e�cpiratian as noled below. Electronic Fortnat B141-I987 User pocument: ABOA -- 4l26/1999. AIA License Numbe� 103865, which e�cpires on 8fTJ1999 -- Page #2 7.04 Construcriqn Documenis � -e� -� -dstesE �ra� �+± -eF -6enst�e&� -Gea� shall assist the Owner in 'obtaining bids or negotiated proposals and assist in awarding and preparing contracts for const�uciion. 2.6 CONSTRUCTION PHASE-ADMINISTRATI�N OF THE CONS7RUCTION CONTRACT 2.6.1 The Architect's responsibility to provi� Basic Services for the Construction Phase uader this Agreement commenets with the awazd of the Contract for Consttuction and terminatss at the eartier of the issuance to the Owaer of rhe final Certificate for Payment or 60 days after the date of Substantial Completion of the Work. 2.6.2 The Architect shall provide adrninistration of the Contract for Construction as set forth below and in the edition of AIA Document A201, Gentral Condirions of the Conhact for Construcrion, current as of the date of tius Agreement, unless otherwise provided in this Agreement 2.6.3 Duties, responsibilities aad limitarions of aWhority of the Architect shall not be restricud, modified or extcnded without written agreement of the Owner and Architect with coasent of the Contractor, which consent shall aot be unreasonably withheld. 2.6.4 The Architect shall be a representative of and shall advise and consult with the Owner (1} dnring consQuction unril fmal payment ro the Coutractor is due, and (2) as an Additional Service at the Owner's d'uection &om bxne to time during the coaection period descn'bed in the Co�tact for Construction. The Arclutecl shall have authority to act on behalf of the �wner only W the extent provided in this Ageement unless otherwise modified by written iash�umen� 2.6.5 The Architect shall visit the site at inttrvals appropriate to the stage of construction or as otherwise agreed by the Owner aad Arclritect in writing to become generally familiar with tht progress and quality of the Work completed and to determine in general if the Work is being performed in a manner indicating that the Work when completed will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhausrive or continuous on-site inspections to check the quality or quantity of the Work On thc basis of on-site observations as an azchitect, the Architect s6a11 keep tbe Owner informed of the pragress and quality of the Worlc, and shall endeavor to guard the Owner against defects and deficienciss in the Work. (More exlenslve si[e represar�alio� �xoy be agreed m as ae �tddJtio�a! Service, as desciibed in Paragrapli 3.2.} Contract for Consuoction. The Archibect shall not be responsr"ble for the Contractar's sche�iles or faihue to carry out the Work in accordance with the Contrac'� Documents. The Architect shalt aot have con�ol over or chazge of acts ar omissions of the Conhactor, Subco�actors, or thes agents or employees, or of any other persons performing portions of the Work. 2.6.T The Arclritect shalt at alt times have access to the Work wherever it is in preparation vr progress. Z.S.B Except as may otberwise be providefl in the Cflnhact Documents or when d'aect communications have beea specially authorized, the Owner and Conhactor shall communicabe through the ArclutecK. Communica6ans by and with the Arctutect's consultants shall be through the ArchiDect 2.8.9 Based on the A�hitect's observations and evatuations of the Contracto�s Apptications for Payment, the Arctutect shall review and certify the amounts dne the Contractor. Z.6.10 The Architect's certification for paymtnt shall consritute a representation to th� Owaer, based on the Architect's observations at the site as provided in Subparagraph 2.6.5 and an the data comprising t6e Contractot's Application for Faymcnt, that the Wor1c . has progresscd to the point indicatcd and that, to thc best of t6e Architect's knowledge, informadon and belief, quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to aa evaluation of t6e Work for conformance witb the Contiact Documents upon Snbstantial Completion, to results of subsequent tests and inspections, to minor deviations &om the Contract Documents conectable prior to completion and to specific qualifications eaprsssed by the Architeck The issuance of a Certifcate for Payment shall fiuther consEitute a represeatation that the Con�actor is e�ided to paymeat in the amount cerafied. However, the issuance of a Certificate for Payment shall not be a represencation that the Arc}►itect has (1) made exhavstive or continuous on-site inspecrions to check the quality or quantity of the Work, {2} reviewed construction means, metl�ds, oxhniques, sequences or procedures, (3) reviewed copies of requisidons received from Sui�contractors and material supplicrs and othar data requested by the Owner ta substaatiabe the Contractofs righE to payment or {4} ascertained how or for what puipose the Contractor has used money previously paid on account of the ContraCt Sum. 2.6.6 The Architect shall not have control over or charge 7•6.11 The Architect shall have authority to nject Work wluch dces not conform to the Contract Documents. of and shall not be responsble for construction means, qrbenever the Architect consitlers it nacessary or advisable methods, techniques, s«ryences or procedures, az for safety for iraplemzntation of the intent of tbe Conuact Documents, precavtions and progams in connection with the Work, since �e Architect will have autbority to require additianal these are solely the Contractor's responsibiliry under the ��an or testing oi the Work in accordance with the A[A D()CUMENT B l4l - UWNER ARCHITEC"f AGREEMENT - FOURTEENTH EDITION - A1A - COPYR1CiHT 198� - TfIE AMERICAN INSTITUTE OF ARCHITECTS, 1733 NEW YORK AVENUE N.W., WASHINGfON. D.C. 20006-3292.; Uolicensed photocopying violaLes U.S. copyright Iaws and i� subject to legal prosccuG�. This documait wnss ekcaoa►icaliy produad with tlie pemassion of the AIA and caa be reproduced without vioktion undl the date ofexpIIatinon ac noud below. Electronic Format B141-1987 User pocument: ABOA — 4126/1999. AIA License Number 103865, which expires on 8R/1999 — Page #3 7.05 provisions of the Contract Documents, whethet or not such Work is fabricated, in.�talled or completed. However, neither 'this authority of the Arclutect nor a decision made in good faith aither to exercise or not to exercise such authority shali give rise to a duty or rtsponsibility of the Architect W the Contractor, Sabconoractors, tnaterial and equipment supplitrs, their agents ar employees or other persons performing portions of the Work. 2.6.12 The Architect shall review and approve or take otber appropriate action upon Contractor's submittals such as Shap Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept exprtssed in the Conhact Documents. The Architect's action sha►1 be taken with such reasonable promptness as to cause no delay in the Work or in the consuvction of the Owner or of separate con�actors, wh�e allowing sufficient time in the AiclutecYs professional judgment to permit adequate review. Review of such submittals is not conducted for the putpose of detenninuig the accuracy and completeness of other detaifs such as dimensions and quanrides or for substantiating instiuctions for installation or performance of equipment or systemg designed by the Contractor, all of which remain the responsibility of the Contractor to the extrnt nquired by the Contract Doeuments. The Architect's review shall not consritute approval of safety precautions or, unless otherwise specifically stated by the Architect, of eonstruction means, methods, techniques, sequences or procedures. The Architeet's appmval of a specific item shall not indieate approval of an assembty of which the item is a component. When professional certification of perforn�ance cbaracterisrics of materials, systems or equipm�nt is required by the Contract Documents, the Architect shall be entitled to rety upon such certification to esiabfish that the materials, systems or equipment will meet the performance criteria requirtd by the Contract Documents. 2.6.13 The Architect shall prepare Change Orders aad Construction Change Directives, with supportin8 documentation and data if deemed necessary by the Architect as provided in Subparagraphs 3.1.1 and 3.3.3, for the flwne�s approval and execucion in accordance with tht Contract Documents, and may authorize minor changes in the Wodc not involving an adjustment in the Conuact Sum or an extension of the Contract Time which are not inconsistent with the inunt of the Con6ract Documents. 2.6.14 The Architect shall conduct inspeerions W determine the date or dates of Substantial Completioa aad the date of final completion, shall receivt and forwazd to the Uwner for ihe Owner's review and records wrimn warranhes and related documents required by the Contract Documents and assembled by the Contractor, and shall issue a final Ccrtificxte for Payment upon com}�liance with t�� requirements of the Contract Documents. 2.8.15 The Architect shall interpret and decide mattecs concecning performance of the Owner and Contractor nnder the requiremencs of the Cantract Documcnts on written request of either the Owncr or Canuactor. The Architecti's response to such requests shall be made with rtasonabk prompUness and within any time limits agreed upon. 2.6.16 lnterpretations and decisions af the Architect shatl be consisteat with the intent of and re�sonably inferable from the Con�act Documeats and stiall be in writing or in tha form of drawings. When mairing such inteipretations and initial decisions, the Architect shall endeavor to secure faithfiil perfomzance by both Owner and Contcactor, shall net show partialiry to either, and shall not be liable for results of interpretarions or decisions so rendered 'nn goad faith. 2.6.17 The Archiuct's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contiact Documents. 2.$.1$ 'Che Architect shall render writben decisions within a reasonable time on all clauns, disputes or other matters ia question betwetn the Owner and Comractor relating to the execution or pmgress of the Work as provided in the Contcact Documents. 2.6.19 The Architect's decisions on claims, disputes or other mattcrs, including those in question between the Owner and Contractor, except for those relating to aesthetic effect as provided in Subpatagraph 2.b.17, shall be subject to azbitration as provided in this Agreement and 'm the Contract Documents. ARTiCLE 3 ADD{TIONAL SERVICES 3.1 GENERAL 3.1.1 The services descnbed in this Article 3 are not included in Basic Services unless so identified in Article 12, and they shall be paid for by the Owner as provided in this Agreement, in addidon to the compensation for Basic Services. The services described under Paragraphs 3.2 and 3.4 shall only be provided if suthorized or confirmed ia v�niting by tbe Owner. ff scrvices desen'bed undp' Contingent Additional Services in Paragraph 3.3 are required due to circumstances beyond the Architect's control, the Arclritect shall notify the Owner prior to coaIInencing sach ser�ices. ff the Ow�r deems that such services descnbed under Paragraph 3.3 are not nequired, tho Owaer shall give prompt written nofice to the Archibect. If the Owner indicates in writing thaE sil or part of such Contingent Additional Services aze not required, the Architect shall have no obligation to provide those services. 3.2 PROJECT REPRESENTATiON BEYOND BASIC SERVICES A!A DOCl1MENT B141 - OWNER-ARCH[TEC't AGREEMfiNT - FOUR'I'EE1H'fFt fiD1T[ON - AIA - COPYRIGHT 1987 - THE AMERICAN IN31iTUT6 OF ARCHtTEC1'S, 1735 I�EW YORK AVENUE N.W., WASNIMGTON, D.C. 200065292.; tJniieensed Photocopyin8 violates U.S. coPyright IavK and is subj�et tm kgai prosecution. 'lliis document was elxtronically produced with the pem�ssion of the AlA and can be rcproduoed withaut violatioo uan'1 the date of expiration as noted below. Electronic Fom�at B141-1987 User pocument: ABOA — 4126/1999. AIA License Number 103865, whk:h expires art 817'M 999 -- Page #4 7.06 3.2.1 • If more extensive rtprestntation at the site than is described in Subparagraph 2.6.5 is required, the Architect shall provide one or more Project Representatives to assist in carrying out such additional on-site responsibilities. 3.2.2 Projeet Representarives shal! be selected, emplayed and directed by the Architeet, and the Arclutect shatl be compensated therefor as agrecd by the Owner and A�hitect. The duries, responsfbilities and limitations of authority of Project Representatives shall be as descnbed in the edition of AIA Document B352 cwsent as of the daie of this Agreement, unless otherwise agreed. 3.2.3 Through the observarions by such Project Representarives, the Architect shall endeavor tfl provide further protection for the Owntr against defects and deficiencies in the Work, but tht fumishing of such project reprtsentation shall not rnodify the rights, responsibilities or obligarians of the Architect as descnbed elsewhere in this Agreement. . 3.3 CONTINGENT ADDITIONAL SERVICES 3.3.1 Malcing rsvisions in Drawings, Specificadons or other documents when such revisions are: .1 inconsisteni with approvals or instructions pr�viously given by the Owner, including revisions made necessary by adjusUaients in tbe Owner's program or Project budget; .2 required by the enactment or revision of codes, laws or regulations subsequent W the preparation of such documents; or .3 due to changes required as a result of the Owner's failure to reader decisions in a timely mam�er. 3.3.2 Providing services requind because of significant changes in the Project including, but noc l'united to, size, quality, complexity, the Owner's schedule, or the method of bidding or negotiating and contracting for constiuction, except for secvices required under Subparagraph 5.2.5. 3.3.3 Prtparing Drawings, Specificarions and other documentarion and supporting data, evaluating Contracto�s proposals, and providing other services in connection with Change Orders and Construction Change Directives. 3.3.4 Providing services in comiection with evaluating substitutioa4 proposcd by the Co�ractor and making subsequent revisions to ihawings, Specifications and other documentarian resulting there&om replacea�nt of such Wock. 3.3.6 Providing services made necessary by the defanh of the Contractor, by major defects or deficiencies in the Work of the Contractor, or by failare of perfarmance of either the Owner or Contractar under the Contract for Construction. 3.3.7 Providiag services in evaluating an extensive number of claims submitted by the Conhactor or others in cannection with the Wock. 3.3.8 Pro,ridiag services in comnecrion with a public heating, arbitration proceeding or legal pr�eeding except where the Architect is party th�reto. 3.3.9 Prepating documents for alternate, separate or sequential bids or providing services in connection with bidding, negotiarion or construction prior to the complerion of the Construction Documents Phase. 3.4 OPTIONAL ADDITIONAL SERV[CES 3.4.1 Providing analyses of the Owner's needs and programming the requirements of the Project 3.4.2 Providing fineneiat feasibility or other special studies. 3.4.3 Providing planaing surveys, site evaluations or comparative studies of prospective sites. 3.4A Providing special surveys, envaonmental studies and submissions required for approvals of goveramentai authoririts or others having jurisdicrion over the Project. 3.4.5 Providing services relative to fichtre facilities, systetns and equipment. 3.4.6 Providing services to investigate existing conditions or facilities or to make measured drawings thereof 3.4.7 Providing services to verify the accuracy of draarings or other information furnished by the Owner. 3.4.8 Providing eoordination of construc6on performed hy stparate con�actors or by the Ownei's own forces and coordination of services required in connection with construction performed and equipmeM supplied by the Owner. 3.4.9 Providing services in connection with the work of a construction manager or separate consultants retained by the Owna. 3.4.10 Providing detailed estimates of Constraction Cost. 3.3.3 Providing consultation conceming replacement of Work damaged by firt or other cavse during construction, 3.4.11 Providing detailed quantity surveys ar inventories of and fumishing services nquired in connection arith the �� equipment and labor. AIA DOCUMENT e l41 - OWNER ARCHITEC7 AGREF.t�tENF - FOURTEENTH EDITtON - AlA - COPYRIGHT 1987 - THE AMERICAN INSTfT[TfE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGItpN, D.C. 20006-5292.; Unlicensed piwtoeopyiog violates U.S. tapyright iaws and is subject tn legal prosecution. This documrnt was electrui►ipliy ptoduced with the pemussion of the AIA and can be rcproduced witho�t violetion antll the dete ofexpiration as noted below. Electronic Format B141-1987 User pocument: ABOA — 4/2fi/1989. AIA License Nurnber 103865, which e�ires on SR11999 — Page #5 7■Q7 3.4.12 Providing analyses of owaing and operating oasts• 3.4.13 Providing interior design and other similar strvices required for or in connection with the seloetion, procurement or installation of furniture, furnishings and related equipment. 3.4.14 Providing services for planning tenant or rental spaces. 3.4.15 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities. 3.4.16 Preparing a set of cepraducble record draaings showing significant changes ia the Work made durmg construcrion based on marked-ap prints, drawin8s aud other data furnished by the Con�actor to the Architect. 3.4.17 Providing assistance in the utilization of equipmeat or systems such as testing, adjusting and balancing, preparation of operarion and maintenance manuals, trainin& personnel for operarion and maintenance, and consuliation during operation. 3.4.18 Providing services after issuance to the Owner of the fmal Certificate for Paymant, or in t6e absence of a final Certificate far Payment, more than b0 days afttr the date of Substantial Completion of the Work. 3.4.19 Providing services of consultants for other than architectural, structural, meehanical and electrical engineering portions of the Project provided as a part of Basic Serviees. 3.4.20 Providing any other services not otherwise included in this Agreement or not customarily fiunished in accocdance with gcnerally accepted arehitect�ual practice. ARTICLE 4 OWNER'S RESPONSIBILITIES 4,1 The Owner shall provide full information regarding requirements for the Project, ivcluding a pro8ram wluch shsll set forth the Owne�s objectives, schedule, eonstraints and criteria, inctuding space requinmenis and relationships, flexibility, expandability, special equipment, systems and site requirements. 4.2 The Owner shall establish and update at► overall budget for the Project, including the Camstruction Cost, the Qwner's other costs and reasonable coatingencies nlated to all of these costs. 4 3 If re uested by the Architect, the Owner sba11 to fulfill the Oovner's obligarions nnd�r this Agreement 4.4 The Owner sl�all desig�nate a representati�e authorized to act on tise Ovvner's behalf with respect to the Project Ths Oavner or such authoriud representative shall render decisions in a tunely rnanner pertaining to documetrts submitted by the Archiuct in order to avoid unreasonable cktay ia the orderly and sequendal progress of the Architect's services. 4.5 The Owner shall fiunish surveys descn�bing physical characteristics, legal limitations and utility locatians far the site of the Project, and a written legal descriprion of the sitc. The surveys and legal infom�ation shall include, as appGcable, grades and lines of streets, alleys, pavemeats and adjoining property and structures; adjacant drainage; rights-of-way, restrictions, easenaents, encroachtntnts, zoning, dee� restrictians, boundaries and contours of the site; locarions, dimensions and necessary data pertaining to eaisting buildings, other improvements aad trees; and information concerning available utility services and lines, both public and private, abave and below grade, including inverts and depths. AU the information on die survey shall be reforenced to a project benchuiaxk. 4.6 The Owner shall fumish the scrvices of geotechnical engineecs when such services are i�quested by the Architect Such setvices may include but are not limited to test borings, ust piu, daterminatians of soil bearing values, percolation tests, evaluations of hazardous matesiaLs, ground cocrosion and resistivity tests, includ'mg necessary operations for anricipating subsoil condirions, with report�s and appropriate professional recomtnendations. 4.6.1 The Oamer shall furnish the services of othcr consultants when such ser�ices are reasonably required by tbt scope of the Project and are requested by the Archiuct. 4.T The Owner shall furnish structural, mechanical, chemical, air and water pollurioa tests, tests for hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. 4.8 The Owner shall fwnish all legal, accounting and ins�uance counseling services as may be necessary at any time for the Project, including auditing services tbe �waer may require to vcrify the Contractor's Applicarions for Payment or to ascertain how or for what purposes the Contcactor has used thc money paid by or on behatf of the Owner. 4.9 The services, information, siuveys and reports required by Paragraphs 4.5 through 4.8 sizall be furnished at the Owne�'s expense, and the Architxt �all be entided to . q rely upun the accurncy aad completeness thereof. furnish evidence that financial arrangements have b�en made A1A DOCUMENT B141 - QWhtER-ARCHtFECT A(iREEMENT - FOURTEENTH EDITION - AlA - COPYRIGHT 1987 - THE AMERICAN INSTfTIJTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WAS1iING'PON, D.C. Z0006-5292.; Unlicensed plwtocopying violates U.S. copyrighc laws end is subject co legal prosecution. This docurrxot was elcctronically produced with the permission of the AIN and can be �sprod�ced wid�out violadon iu►n'1 the date of expitation as noted bdow. Electronic Format B141-1487 . User pocument: ABOA — 4126h 989. AIA License Number 103865, which expires on 8/7/1999 -- Page #6 7.08 4.') 0, Prompt written notice shall be g;ven by the Owner to the Architect if the Ovvner becornes aware of any fauit or defect in the Project or noncopformanee with the Contract Documents. 4.11 The proposed language of certificates or certifications requested of the Architect or Architect's consultants shall be submitted to the Architect for review and approval at least 14 days prior to execution The Owner shall not requsst certifications that would require lmowledge or services beyond the scope of this Ageement. ARTICLE '� CONSTRUCTION COST 5.1 DEFINITION 5.1.1 The Coastruction Cost shali be ttu total cast or estimated cost to the Owaer of all elemcnts of the Project designed or spec�ed by the Architect 5.1.2 The Construcrion Cost shatl inctude the cost at current mazket rates of labor aad materials fiunished by the Owner and equiprnent designed, specified, selected or specially provided for by the Architect, plus a reasonable allowance for the Contractoc's overhead aad profi� In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work during constructioa 5.1.3 Construc6oa Cost does not includc the compensation of the Architect and Arehitect's eonsultanis, the costs of the land, rights-of-way, financing or other costs which aze the responsib�ity of the Owner as provided 'm Article 4. 5.2 RESPONSIBfLtTY FOR CONSTRUCTION COST 5.2.1 Evaluations of the Ownefs Project budget, preliminary estimates of Construcrion Cost and detailed estimates of Construcrion Cost, if any, prtpared by the Arclutect, represent the Architect's best judgment as a design professional fazniliar with the construction industry. It is recognized, however, that neither the Archiuct nar the Owna has conhol over the cost of labor, materials or cquip�nt, over the Contractor's methods of deteanining bid prices, or over competitive bidding, market or negotiating canditions. Accordingly, the Architect ca�►ot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's Pmject budget or from say estimate of Construction Cost or evaluation prepared or agreed to by the Architect. unless such fixed limit has been agreod upon m writing and signed by the parties hereto. If such a fixed limit has bcen established, the Architect shall be permitted to include contingencies for design, bidding and price escalation, to deterniute what tnaterials, equipmeat, component systems and rypes of construcdon are to be mcluded in the Coa�act Documentg, to make reasonable adjustrnents ia the sccrpe of the Projcet and to include in the Contract Documenis altemate bids to adjust the Constrnction Cost to the C�ixed limit. Fixed livnits, if any, shall be incceased in the amoaat of an increase in the Contract Sum cecurring after execution of the Contract for Constructian 6.2.3 If the Bidding or Negotiation P6ase has not commenced within 90 days aftcr tl�e Arclutoct submits the Construction Documenis to the Owner, any Project budget or fixed limit of Cons�uction Cost shatl be adjusted W nftect chaages in the general level of priccs in ihe constntetion industry between the date of subaussion of the Construction Documents to the Owner and the date on which proposals are songht. 5.Z.4 If a fa�ed limit of Cons�uction Cost (adjusted as pmvidtd in Subparagraph 5.2.3) is exceeded by the lowest bona fide bid or negotiattd proposal, the Owner shall: .1 give written approval of an increase in such fixed liaut; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 if the Project is abandoned, temiinate in accordance with Paragraph 8.3; or .4 cooperate in revising the Project scope and quality as required to reduce the Construcdon Cost 5.2.5 If the Owner chooses to proceed wbdcr Clause 5.2.4.4, � �e � � -es -aeeessety -te � �+►�stk �e- f�e�-�-#€-��-es-a�ea�ige�t-e€�ee�ee�:— , � e€ -s -€t�e� -� -�e � -shatl be entitled to compensation in accordance with this Agreement for all smices performed whetha or not the Const�uction Phase is commenced. ARTICLE 6 USE O� ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 5.2.2 No fixed limit of Consteucrion Cost shall be B'1 The Drawings� Specificaiions and other documeats established as a conditioa of this Agcoement by the �� by ffie ArcluLect for dus Project are inshwntnts of furnishing, proposal or establishment of a Project budgtt, �e ArchitecYs service for use solely with respect to �is Project aad, unless othecwise provided, tht Atchitect shall be A(A DOCUMENT B141 - OWNER-ARCHI'!'EGT AGREEMENT - FOURTEENTH EDI'fION = AIA - COPYRiGH'T ]987 - THE AMERICAN (NS7TTtlfE OF ARCN[TEC'CS, 1735 NEW YORK AVEN[TE N.W., WASHINGTON, D.C. 20Q06-5292.; Unlicenaad photocopying violates U.S. topyright laws and is subject w legat prosecuda�. This document was elatronically prodoced witb tha perurission of the AIA u�d can ba teproduoed without violadon until t6e date of expicatioQ as noted below. Electronic Format B141-1987 User Oocument A6t3A — 4/2611999. AIA License Number 103865, which expires on 8R/1999 — Page #7 7.09 deemed the author of these d�ts and shall rttain all common law, statutory and other reservod rights, i�luding the coPYright The Owner shall be peruutted to retain copies, including reptoducible copies, of the Architec4s Drawings, Specificarions and other documents for information and reference in connection with the Owner's use and occupancy of the Projec� The Architect's Ihawings, Specifications or other documents shall not be used by the Owner or others on other projects, for additions to this Project or for completion of this Project by others, unless the Architect is adjudged to be in default under this Agreement, except by agreemtnt in writing and with appropriate compensation to the Architect 6.2 Submission or distribu�on of documents to meet official regulatary requiremenis or for similar putposes in connection with the Project is not to be construed as publicacion in derogarion of the Architect's reserved rights. ARTICLE 7 ARBITRATION T.1 Claims, disputes or other matters in question between the parties t�o this Agreement arising out of or relating to this Agnement or br�ach thereof shall be subjxt to and decided by arbitration in accordance with the Construction Industcy Arbitration Rules of the American Arbitration Association currently in effect unless the pazties mutually agree otherwise. 7.2 Demand for arbitrarian shall be filed in writing with the other party to this Agreement and with We American Arbitration Association. A demand for arbitration shall be made within a rtasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in quesrion would be barred by the applicable statutes of limitations. 7.3 No arbitration arising out of or relating to this Agreement shall inciude, by consolidation, joinder or in any other manner, an a�lirional ptrson or entity not a pazty to this Agreement, except by written consent eontaining a specific reference to this Agreement signed by the Owaer, Arci�ibect, and any other person or entity sought to be jointd. Coasent to arbitration involving an addirional person or entity shall not constitute consent to arbitration of any ctaim, dispute or other matter ia question not descdbed in the written consent or with a person or enrity not named or described therein. The foregoing agreemeat to azbitrate and other agreements tn arbitrate with an additional person or entity duly consented to by the parties to this Agreemeut shall be specifically enforceable in accordanco with applicable law in any court having jurisdiction thereof. 7.4 The award rendered by the arbitrator or arbiEratois shall be final, and judgmcnt may be enttred upon it um accordance with agplicabk law in any couri having jurisdiction thereof. ARTICLE 8 TERMINATION, SUSPENSION OR ABANO�NMENT 8.1 T}us Agr�ement may be urminated by either party upon not less thsn sevon days' writien notice should the other party fail substaatially to perform in accardance with the urms of this Agreement through no fault of the party initiating the terrnination. 8.2 If tbe Project is suspended by the Owner for more than 30 cansecutive days, the Arehiteet shall be comptasated for services perfornied prior to notice of such suspension. When the Projcct is resumed, the Architect's compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resum�stion of the Architect's services. 8.3 This Agrament may be tem�inated by the Owaar upon not less thaa seven days' written notice ta the Architect in the event that We Project is permaneatty abandontd. If the Project is abaudoned by the Owaer for more than 9d consecutive days, tl�e Architect may t�nninate this Agreemeat by giving written norice. 8.4 Failure of the Owner to make payments to the Architect in accordance with this Agreement shall be considered substantial nouperformanca and cause for tsriminarion. 8.5 If the Owner fails to make payment when due the Architect for services and expenses, the Arclutect tnay, upon seven days' written notice to the Owncr, suspcnd �uurformance of services under this Agreement. Unless payment in full is received by the Arehitect witlyin seven days of the date of the notice, the susptnsion shall take effect without further notice. In the event of a suspension of services, the Arehitect shatl have no liability to the Owaei for delay or damage caused the Owner because of such suspension of services. $.6 In the tvenE of berminatioa not #he fault of the Architect, the Architect shall be compensateci for services perfonned prior to terminarion, togetha with Reunbvrsable Expenses then due, ea� a�-� _~" �° � -- 8.7 � �s -e� � � �e- e�pe�tes -�iek -a� -�i�eet}}� i�b�ble -te -�iea: — ��ees-s�t�.be-ee�te�.as-a-pe�eea�age-e� �e -tet� -$e�easa�ex -€eF -$nsie -ser�es -e� -�- AlA DOCLJMENT Bl4l • OWNEtt ARCHITECf AGREEMENT • FOURTEENTH EDT[i0N - AIA - COPYRIGHT 198'7 - THE AMEit1CAN INS'CI'CU'['E OF ARCHITEC7S, 1733 NEW YORK AVENUE N.W.> WASHIIVGTON. D.C. 20006-5242.; Unlitensed photxopying vioiabes U.S. copyright laws and is subject w legai prosecutioa. This document was electr�iqlly produced with t1x permission of t!u AIA and can be repeoduced without violatioa �mHl the dau of expiration ss noted betow. Electronic Fomiat B141-1987 User pocument: ABOA -- 4/26/1999. AIA Licanse Number 103865. which expi�es on 8J7/1989 — Page #8 7.10 :� �-�-e€�e-te�-es�peeea�ee-€e��esi� �� , � � -Se�iees -ee�e� �e �ate -3€ � � .3 � �Set�iees � -te � -i€ � ARTICLE 9 MISCELLANEOUS PROVISIONS 8.1 Unless otherwix provided, this Agreement shall be governed by the law of the principal place of business of the Architect 9.2 Terms in this Agreement shatl have the same msaning as those in AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. 9.3 Causes of action between the parties to tltis Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicahle scatutes of limitations shall commence W run not later than either the date of Substantial Completion for acts or failutes to act accurring prior to Substantial Completion, or the date of issuance of the fmal Certificate for Payment for acts or failures to act occuaing after Substantial Compledon. 9.4 The Owner and Architect waive alt rights against each other and against the cormactors, consultant�, agents and employees of the other for damages, but only to the extent covered by property insurance during construction, except such rights as they a�ay have to the proceeds of such insurance as set forth in tt�e edition of AIA Docament AZO1, General Conditioac of the Contract for Constrttctirnt, cutrtnt as of the date of this Agreemen� The Qwner and Architect each shall require similar waivers from their contractors, consultants and agents. 9.5 The Owner and Architect, respectively, bind themselves, their parttt�rs, succ�� ig� � legal represeatadves to the other party to this pgneement and to the partriers, successors, assigns and legal repxesentatives of such other garty with respect to all covenanis of dus Agretment Neither Owner nor A�Iutect shall assign this pgr�tment without the written consent of the other. written or oral. This Agreement may be amended only by written insinunent signed by both Owner and Architcct, 9.7 Nathing contained in this Agrcement shall creatc a conhactual relationslup with or a cause of action in favor of a third pariy against either the Owner or Architoct S.8 Unless otherarise provided in this Agreement, ths Architec# and Arclutect's eonsultams shaU have no responsibility for the discovery, presence, handling, remova] or disposal of or exposure of persons to hezardous materials m any form at the Project site, inctuding but not l'unitzd to asbestas, asbGStos Products, polYchlorinated biphenyl (PCB} or other toxic substances. 9.S The Arc}utect shall have the right to include representations of the design of t6e Project, including photogiaphs of the cxterior and interior, among the ArclutecYs promotional and professional materials. 1Le AretutecCs materials shall not include the Ownefs confidential or praprietary information if the Owner has previously advised the Architect in writing of the spccific information considered by the Owner to be confidentiat or proprietacy. The owner shall provide pmfessional credit far the Architect on the construction sign and in the promotional materials for the Project. ARTICLE 10 PAYMENTS TO THE ARCHITECT 10.1 DIRECT PERSONNEL EXPENSE 10.1.1 Dinect Personnel Expense is defined as the direct sataries of the Architect's persounel engaged on the Project and the portioa of the cost of their mandatory and castomary contiibutions and bcnefits related thereto, such as employment taxes and ether statntory employte benefits, insnrance, sick leave, holidays, vacations, peosions aad similar contribntions and benefits. 10.Z REIMBURSABLE EXPENSES 10.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and inctnde expenses incurred by the Arehitect and ArchitecYs employees and consultants in the interest of the Project, as identified ia the following Clauses. 10.2.1.1 Expense of transportation ia connection with the Projec� expenses in connection with suthorized out of-town havel; loag-distance commnnications; and fees �id for securing approval of autharities having jurisdiction over the Project 9.fi This Agreement rept�sents the entire and integrated '10.2.1.2 Expense af reproductions, postage and handling agreement betweea the Owner and Architcxt and supersedes of Drawings, Specifications and other documents. all prior negatiations, representations or agreemenis, either 10.2.1.3 If authorizcd in advaace b the Owncr, expense AIA DOCiJA�tENT B141 - OWNER ARCH[TECT AGREEMENT - FOURTEENTH EDITION - AlA - COPYRIGH7' 1987 - T}� AMERICAN INS7'iTVi'E OF ARCHITEC7S, 1735 NEW YORK AVFNUE N.W., WASHIN(TI'ON. D.C. 2000�5292.; Uo(icenced phota�opying violates U.S. copyri�ht laws and is wbject to tegal prosecutian. This document was elecmonically pnoduced with the permission of ihe AIA and can be reproduad without vioktlan wtd"l the dste ofexpiration as noted below. Ekctronic Format B141-1987 User pocument: ABOA — 4/2611898. AIA License Number 103865, which expires on 8/7/1999 — Page #9 7.11 of overd�ne work reqaning lugher dian reguiar rates. •10.2.1.4 Expense of rmderiags, tnodels aad mocjc-nPg requested by ihe Owner. 1Q.2.1.5 Expense of additioaal insurance aoverage or limits, including professional liability in��*�ce, requested bY the Owner in excess of tbat normally carried by the Architect antl Architec�'s consultaat9. 1Q.2,1.6 Expense of compater-aided design and draf�n8 equipment tinae when used in connectioa with the Projccw 1Q.3 PAYMENTS ON ACC4UNT �F BAS[C SERVICES 10.3.1 An initial payment as set forth in Paragraph 11.1 �is the arinimum payment under tbis Agreement 10.3.2 Subsequent paymeats for Basic Services shall be made monthly and, where applicabie. shall be m proportion to scrvices perfarmed within each phase of service, oa the basis set forth in Subparagraph 11.2.2. 10.3.3 If and to the extent that the dme initiallY establisl�d in gui�aragraph 11.5.1 of this Agrcemeat is exceoded or extended through no fault of the Architect, compensatiaa for any services rendered during the additioaal period of time shall be computed in the manner set forth in Subparagraph i 1.3.2. 10.3.4 When compcasation is based on a percentage of Constiuction Cost and any portioas of the Project are deleted or othenvise not constructed, compeasation for thosc portians of the Project shall be payabk W du extient services an perfarn�ed on those portions, in acxotdance with the �ic set forth ia Subparagraph 11.2.2, based on (1} the �west bana fide bid or negotiated praposal, oj (2) if no such bid or P�Posal is received, the asosi recent prelimiaary estimate of Coesmicdoa Cost or detailed estimate of Constcuction Cost for such portions of tht Proja�. 1p,4 pAYMENTS ON ACCOUNT OF AtiDITIONAL SERVICES 10.4.1 Paym,cnts on acconat af the AtchitecCs Additiona[ Services and for Reimburaable Expense.a sbaU be msde ��th1Y upoa ptesentatioa of the Architec�s statement of services rmdered or cxpeffies incurred. 10.3 PAYMENTS WITHHELD '10.5.1 No dedactioas shall be mAde from tha Azchitec�s co�tion on account of penalty, 1�4uidabed dama6es or other sums withheld frvm pay�nts to conttacto�s, ar on account of the cost of chaages in du Wark other �an thase for which the Architect has been found to be liable. 1Q.6 ARCHITECTS ACCOUNTINt3 RECOROS 10.6.1 Records of Rtimbursable Exgenses and expmses pertaining w Additional Services and strviees perfocm�d on the basis of a multiple of Dir�ct Ptrsoanel Expense shall be available w the Owaer or the Owncr's authorized r�presentative at mutu2lly Convenieat �. ARTICLE 11 8A313 OF COMPENSATION The Owaer shall campensate the Architect as follows: 11.1 AN INCI`iAL PAYMEN'T of Z�4 �;1� ($ :Q )�� ege�ttion of this Agreemeat aad crecli�d to ihe Owner's account at final payment. 11.2 BAS1C COMPENSATION 11.2.1 F�R BASIC SERVICES, ns dcscn'bed in Article 2, and auy oti�er sen+icas inclnded in Ardck 12 as part of Basie Serviees, Basic Coa►pcnsatioa aball be computed as foUows: (7.75°/Q .Qf canstivs�Si4n �45.. �.�1.S�i¢�et �� of compcnsatioq inciuding stipulated smns, multiples ar perceatages, and identify phases to wtuch particular methods of compeosation apply. if necessary.) �As of 11/16/98 7 75°l0 of32�j.�0 S�5.878.001 11.2.2 Where compensation is based on a stipulated sum � percenmge of Construcaon Cost, Pr�B� PaY�nts for Basic Services in each phas� shall total the following pttcaitages of the total Basic Compensatian payable: (Insert additional phases as appmpriete•) �Schematic Desiga Phasc: 1'�tX �t i 1�52 °r'b) DesigqDevelopment Phase: �'�C 1��'t t �4 �) Consuuction Documeafs Phase: �X P�� ( 44 °�) Bidding or Negotiation i'i�asa: � '�v� percent (��) AIA DOCUMENT Bl4l - OWNER ARCHITF:C'[' AOREF1��fENI' - FOURTEEN7'H EDI'TION - AIA - COPYRI(3iif 1987 - i'Effi AMEWCAN INST[TIITE dF ARCHITECTS, 1735 NEW YORK AVENUE N.V1►., WASHINGI'ON. D.G 20006-5292.; thiliceosed P��PY�nB �� uS. ��m� �� tO kgal pmsocurion. Thi� documeM was eleetronioally ptadacad with the peimiasion of the AtA and an be repcoducod without violada� until tbe dau of expintioa ss ��Ow• . ElccaonicFctmat B141-1987 User pocument ABOA — 4/26/1998. AIA License Number 103865, whid� e�lres on 8ii11999 - PaQe #10 7.12 Phase: 8331C one 11.3 COMPENSATION FOR ADDITIpWq� SERVICES 11.3.1 FOR PRQ]ECf REPRESENTqTION BEYOND BASIC SERVICES, as descnbed in Paragraph 3.2, compeasation shall be computed as foilows: Proiect Representation $evond Basic Services ehAtt tti• t+.7t..+ .;�,a,.r at the rchtirrPc th� �vailm��x t�us o[ p�p�g�gg� lnmp sum. pnor wnttcn aearova bv � p�� (� be reaL�rsd: ��d apprOVal shall d�fng r+�P+hnri n£�a��at��„ �� ;Y �.for cLrirtnt sehedule of hourly rates. 11.3.2 FOR ADDTTIONAL SERVICES OF THE ARCHITgC'I', as dacnbed in qrticles 3 and I2, ather t6an (1) Additional Project Representation, as descnbed in Paragragh 3,2, and (2) services included 'm Artiele 12 as parc of Basic Services, bnt exetuding scrvices of consultanu, compensation shall be computed as follows: (�P�� I of ��Iden�l � urcluding ratrs a�d/or n�t.ltipler oj Dfnet Persorurd Espexse for P�ineiPa4 axd emP�vyee� axd identffy Prfncyrolr rmd dass e4 lY �f1k .rar►'Ices w whtcb perUcklar �xetbods of compauatfoa apyty, Pjnecessary,) � Additional services rP��ted of the arrhitect s all be billed eii�+er at L1+,�rclLi�e� Ps then prevailin_g hou y rat's or p,��rne-a� �' s�'' -�; �� aRRT4�-bY ��r �� be__ reaurrd before cot�unencemeet� additional �±vices: ssid agproval shatl (ICE1riC rilCttlOd Of COmDeasation. �e� Anoendix A fnr enrrnnr cc}r��e nf hn»r�y �t�, — 11.3.3 FOR ADDIT'IONAL SERVICES OF CONSITLTANTS, including addidona] structural, meehanical and eleatrical engineering services and those provided under Subparagraph :3.4.19 or identified in Atticle 12 as part of Additional Services, a multipte of one and one Quarter ( j�,� ) times the amounts billad to the Arclutect for such strvices. (Ident� spec�c typer ojconsuttartts Jn.lrtkle 11, if requi�ed.J 17.4 RElMBURSABLE EXPENSES 11.4.1 FoR REIMBLJRSpgLE EXP�'NSES, as described in. Paragragh 10.2, and any other iterns included in Article 12 as Reimbursabte Expens�s, a multipie of ne�}¢ o-te { 1�,Q } times the expenses inciured by the pl,chitect, the prchitcet'S employees and consultants in the interest of the Project 11.5 ADOITIONAL PROVISIONS 11.5.1 ff THE BASIC SIItVICES covered by thia Agreement have �t been oompkted within �g ( Q) mont�s of the date hereof, through no feult of the Architect, extension of the ArchitecYs services beyond that time sHall be contpaosated as provided in Subparagraphs 10.3.3 and 11.3.2. 11.5.2 Payments are due and payable ( ) days fram the dake of the Archibect's invoice. Amotmts unpaid �h'm (�Q ) days after the invoice datt shall bear interest at the rate entsred balow, or in the abstnce thereof at the legal rate prevailing finin tnne to time at the principal place of business of the Architect. (lnseK rote of interest agneed upon.J Oae and one half nercent per month ( ij�°/Qne�* ann ,ml (Usury laws and requirements undei rhe Federal Trtrlh in (xnding ,ic� slmtlar sla�e and loca! consumer pu/!t (awt and other regrrlotians at !he Owxu's and Archilecl's princi�al placet of ba.sinest, the locatron of the ProjuY and dsewliers niey a,jj%.tt the validity of tbia yrovision. Specific legal advice skm�Jd be ob�aixe,d witR respect to deletiorts or modifications, and aLso regarding rtquiremeau sech rxs wriuen disclosurer or wan+ers.) 11.5.3 The rates and multiples set forth for Additional Services ,shall be annually adjusted ia accordance with nom�al salary review practices of the Architect ARTfCLE 12 CITHER CONDRIONS OR SERVICES (Irtseri descriptiorts of other servtcu, td�+hfy ,tddJtto�raj Se�vice� fhcluded wirkin Bartc Conepensarfoa and nwd�tton.r m t/re peyaetent and taxyensatton te,ms ixCluded in ilris AgreuueRt,} See Pages 12.A - 12.D This Agreement eatered into as of the day and year fust vvritten abnve. O�� G�tv of Fridelv - 31 t�+ivtasitv Avenue NE AIA DOCUMIIVT B 141 • OWNER-ARCHI'CECi' AGREEMENT - FOURTEENR'H EDITION - A1A - COPYRIGFif i987 - THE AMERICAN lNST[1VfE OF ARCHITECl'S, 1735 N&W YORK AVENUb N.VI+., WASHING7'ON, D.C. 20005-5292.; Unlicensed photocopying violatts U.S. copyright lawc md 'u subjcct to legat prosecution. This document was electronically produced vvith the parosisstiorn oithe AIA md can be reproducod witlwuc violati� uotil the due of expitati� u noted below. Electronic Forn�at B141-1987 User powment: ABOA — 4/2611999. AIA License Nu�nber 103865. whfch expires on 8/TM999 — Page #11 7.13 � • U�. (Signcture) Rick Priby(. Director,�f Finance (Prrn�eri xame and title} i �. :.�_• .�. +.� ,�� : �, -. . �,� , „ �� ,.-. �, u�. � lsi8xam►'�) {PrGited �m�e artd fitltj Au DOCUMEN'C B141 • OWNFR-ARCHITECT AGREEMENT - FOURTEENTH EDI'fION - A(A - COPYRIG}TC 1987 - THE AMERICAN II+ISTiTUTE �F ARCHITECI'S, 1735 NEW YORK AVENUE N.W_, WASHFNGTON, D.C. 20006-5242.; Unlicensed photocopying violaies U.S. copyrig6t kws �d is subjcct to legai prosecution. This document was cltcuonically produced with tha pecmiasion of the AIA md can be reproducod wiUwut violation uotil the date of expiration as noted bclow. Electronic Farmat B 141- I987 User pocument: ABOA -- 4/2fiH 999. AIA License Number 103865, which explres on 8/7/1999 -- Page #12 7.14 ��!_l� [� � � � : 4_ ' � 1 � M� � ; �! ► � 12.1 Appendiac A- Prevailing Houriy Rates. 12.2 Appendix B- Prevailing Reimbursable Expenses. 12.3 Add the following to Subparagraph 2.6.8: Any d"uect communications between the Owaer and the Contractor that affect the performance or admmistration of the Work shall be made or confirined in writing, with copies to the Arehitect. 12.4 Add the following to Subparagraph 3.3.1: .4 required by municipal or other local building code, fire, safety and ather inspectors after the municipality or other local suthority has issued a building permit or othcrwise appsaved Drawings, Spocifications or other documents as conforming with applicable municipal or othrr tocal requirements. 12.5 Add the following sentence to Subparagraph 52.1: Furthermore, Architect has no responsibility for the cost of changes in the Project which may be required as a rosult of {i) the enactment or revision of codes, laws or regulations subsequent to the preparation of Drawings, Specificarions or other documents, or (ii) requirements imposed by municipal or other local buitding code, fire safety and other in�pectors after the municipality or other local authority tias issutd a building permit or othcrwise approved Drawings, Specifications or ather documcnts as confor�ning with applicable municipal or ather local requirements. 12.6 Add the following new Paragraph 7.5 to Article 7- Arbitration: 7S Arbitration shall occur in the State of Mumesota. 12.7 Add the following paragraph ?.6 to Article 7- Arbitration: 7.6 SUPPLEMENTARY PROVISIQN PROVIDING FOR SEQUENTIAL DISCUSSION, MEDIATION AND ARBTTRATION �� DISPUTES The parties agree to submit all claims, disputes ar controversies (whethar based upon the law or contract, negligence, other cammon law or statute) arising out of, or in reladon to, tlu interpretation, application or enforcement of this agreement, including dispute resolution procedures, to sequential mandabory discussion, mediation and azbitration befon, and as a condition precedent to judicial action or other remedies. This provisian controls all claims, disputes or controversits regardless of arty other teims in the contract or any other common law temedies. � B141-1987 �2.I� 7.15 The parties agree to give prompt written norice of any dispute. Within seven days after ti�e notice, principals of each parry with authori�y to settie the dispute shali participate in direct, inforinal discussions. If the parties throug,h their principals do not reach resolution within seven days after the notice, an impasse shatl i�ave occurred. In the event of an impasse, either party may initiatc mediation by a written request. If the parties cannot agree upon a mediator within seven days aRer the rcquest, either party may request the American Arbitradon Association to designate a mediatar as soon as possible. The parties agree to e��pedite alI hearings and meetings with the mediator, and to produce all relevant documents upon rcquest. The mediator shall make fmal settlemerct recommendations as soon as possible and in no eveut later thazi thirty days after ihe appointment of the mediator. If the parties do not reach a settlement within sevtn days after receiving tho 6na1 settlement rocommendations of the mediator, the impasse shall be deemed unreconcilable. In the event of an unreconcilable impasse, either party may initiate binding arbitration pursuant w Article 7 of the Standard Form of Agreement Between Owner and Architect, AIA Documcnt B141,1987 Edition. Nothing in this contract shalI lunit the rights of the parties tmder the statutes pertaining to mechanics liens. 12.8 Add the following to Pazagraph 8.2 of Article 8- Termination, Suspension or Abandonment: � If a Contract for construction has not been awarded within 30 ealendar days of ti�e date of receipt of bids (as defined in the bidding documents), subsequent services provided by the Architect shall be considered as Additionat Services and the Architect shalI be compensated on an hourly basis for these services until execution of a Contract for Construction. Services include, but are not limited to, meetings with the Owner and/or prospective Contractor(s), assistance with rebidding of work, evaluation of bids or proposed changes in bidding documents, anatysis of product substitutions, etc. Exxurion af a Contract for Construction constilutes authorization by the Owner tu the Architect to procced with services af the Canstruction Phase. 12.9 Add the following to the end of Paragraph 8.5 of Article 8- Termination, Susp�nsion or Abandomnent: 5aid suspension of services will be without prejudice to Architect`s right to recover from Owner for sa�rvices rendered and expenses advanced to the time of suspension. I2.10 Add the following sentence to Paragraph 9.8 of Article 9- Miscellaneaus Provisions: The Architect cannot provide certifieativn regazding the preseace or lack of the aforementianed hazardous matcrials. � 14I -1987 I2.B 7.16 12.11 Add the following new Paragraphs 9.10 - 9.15 to Article 9- Misceilancous Provisions: . . 9.10 The Owner and Arclutxt, by executing this agreemant, agree that neither the Architect aor the Architect's consultants, agents ar employees shail be iiable to the Owner or to any persons or entities seelcing contribution or indamnity for loss incumd by the Owner for any indirect, special, reliance, incidental or consequential damages (ot�r than damages for personal and bodiiy injuries or death) arising out of or vn connection with th� performance of seivices ut�er this Agreement, whether in an action based on contract {including breach of representarion or wananty), delay, negligence (active or passive), strict tort liability or othervvise. 'Ihe parties further agra that tha 4wner sh$ll limit the ArchitecYs and the Architoct's consultants', agents' aad employees' total Iiability (other than for damages fa peisonal and bodily injuries or death) not otherwise exctuded above, to the Owntr and to any and all persons or entities seeking contr ibution or indemnit�+ f� loss incurred by the Owner azising out of or in connection with performance of services uader this Agreement, so that tbe Architect's liability shall not exceed $100,000 (One Hundred Thousaad Dollars) or the total compensatian aetually paid to the Architect by the Owner for basie and Additional Services performed herwnder, whichever sum is greater. 9.11 Cansequenttal Damages. Notwithstanding any other provision of the Agreement, neith�r party shail be liable to the other for any consequential damages incuired due to the fauIt of the other party, regardless of the nature of this fault or whether it was committed by the Owner or the Architect, their employees, agents, subcansultants or subcontractors. Consequcntial damages include, but are not limitad ta, loss of use. and lass of profit. 9.12 Condngency Fnnd. Thc Owner and the Architect aclrnowtedge that changes may be required because of possible omissions, ambiguities or inconsistencies in the plans and specifications and, thereforo, that the costs of the project may exceeci the construction contract sum. The Owner agrees to set aside a reserve in the amount of _percent of the actual project construction costs as a cantingency reserve to lx used, as required, to pay for any such inereased projeat costs. The Ovvner further agrces to make no claim by way of direct ar ti�ird-party action against the Architect or his or her subconsultants with respact to any paymenis within the limit of the contingency reserve made to the construction contractors becauso of such changes or because of any claims made by the construction contractors relating to such changes. 9.13 Integradon. This Agrcemecit comprises the fmal and complete agreement between the Owner and tht Architect. It suptrs�des all prior or contemporaneous communications, representarions, or agreements, wheth� ordl or written, relating to the subject matter of this Agreement. Fxecution of this Agrcement signifies that each �party hes r�ad the document thnroughly, has had any questions explained by independent counsel and is satisfied. Amendments to this Agreement shall not be binding imless made in writing and signed by both the Owner and Arehit�ect. $141-1987 ��oC ?.17 9.I4 Bettermett� Tf, due to thc Architect's enor, azry reqeured item or component of the project is oautted &om the Architect's conspvciion - documents, die Architect shall not be responsible for paying the cast to add such item or compoaent to the extent that such item or coaiponent wotild have boar otherwise necessary ta the project or otherwise adds value or bettsrment to the project Ia no event will the Architect be responsi�ble for azry cost or expense that pravides betterment, upgrade or enhancement of the project. 9.15 Standard of Care. Services provided by the Architect under this Agreement wiIl be performed in a manner consistent with that degree of care and sldll ordinarily exercised by members of the same profession curnntly practicing under simitar eircwnstances. 12.12 Add the following new Paragraph 10.2.1.7 to Article 10 - Payments to the Architect: � 2 0.2.1.7 Attorneys' fees incumd for the modification af standard Agreemcnt farms, collection of Architect's fees, response to lender requests, completion of lender's "consent to assignment" form or other work of a 1�gal nature, in t}�e event of any litigation arising fmm or related to the services provided under this Agrecment, the Prevailing Party will be entitled to recovery of alI r�asonable costs incurred, including stafitime, aourt costs, at#omey's fees and other related expenses. 12.13 Add the following new Paragraph 10.2.1.8 to ArticIe 10 - Paymtnts to the Arclutect: 10.21.8 Expense of technicai typing of specificarions, modifications to Contract Documents, Project correspondtnce, and reports. 12.14 Add the following ta Article 10.5.1 - Payme�s Withheld: Termtnation of Services. If the Owner fails to malco payment to the Architect in accordance with tha payment terms heroin, this shall consritute a material hreach of this Agreement and shall be causc for termination by the Architect Set-Offs, Backcharges, DLscounts. Payment of invoices is in no case subject to unilateraf discounting or set-offs by the Owner, and payment is duc r�gardless of susptnsion or termination of this Agreement by either party, 12.15 Add the following to Aiticle 10.b - Architect's Aceounting Recar�ls: 10.6.2 Retriev�l and copying of back-up data for Rcimbursable Expenses will also be handled as a Reimbursable Expense. Administrative tune and cogy t�c�nses, to provide the requested back up data, will be billed at the prevailing rates. 12.16 'The Owner will pay any taxes cuaentty in force or imposed in the future m addiaon to the fees and axpenses. B141 � �9�7 Ila� 7.18 � APPENDIX A PRFV Ii.iN[: AniTRi.V RATRS P so ition Architects and Technical Staff Designer Project Architect Projcct Manager/Senior Project Architect Specification Writer Associate Priacipal Interior Designer Associate, interior Design President, Interior Design Inspccting Architect Effective January 1, 1999 Subjxt to Periodic Adjustment 7.19 �te Per Hour $35.Q0 - b5.00 75.00 - $5.00 65.00 80.00 85.00 85.40 110.00 -150.U0 32.00 - 70.00 85.04 110.04 95.00 � � APPENDIX B .. . . . , . . �-_ �� ,_._ � _� _. .1 _ Descri rion Blueprints* Drafting Mylars* Foam Coro Boards* Xerox Copy Color Copies {8%z x 11) Colar Copies {l l x 1� Fax Xerox Sticlryback � Technicai Typist Photo Ready Publishing Specification Diskettes Mileage Parking Other Transportation Meals/Lodging Long-Distance Telephone Postage/Delivery Charges Madel, Samplc, Rcndering Materials/Supplies Codes/Qrdinances Legal Consaltants CAD Equipment Usage Color Plotter Electrostatic Plotter E Size Usage Sales Tax, If Applicable Project reimbursable costs will be charged at cost plus 1Q%. *Depending on size . Effective January 1, 1999 Subject to Periodic Adjustmcnt 7.20 .� $.35 -1.55 1.54 - 8.00 4.00 -14.00 .20 $2.00/Copy Plus Set Up $3.40iCopy Plus Set Up .SO/page 1.Sd 35.04/haur $85/8%2" x 11" Face io.ao .33/mile As billed to KKE As billed to KKE As billed to KKE As billed ta KKE As billed to KI� As billeci to I�E As billed to KKE As billed to KKE As billed to KKE Cost plus 2S% 20.00/hour $10/SF 15.00/sheet As billed to KKE R1(�• I �� TO: Bill Burns, City Manager .,{( FROM: Rick Pribyl, Finance Director Deb Skogen, City Clerk RE: Upgrade and Purchase of New :Election Equipment DATE: June 8, 1999 Staff met with Anoka County Election Officials in May regazding the upgrade and purchase of new voting equipment. The Capital Improvements Program had approved a$91,000 purchase for the year 2001. However, due to the difficulties with the election equipment in November throughout the County, including the City of Fridley, it was determined that the equipment needed to be replaced sooner and a request was made to transfer the budgeted purchase to the year 2000. On May 18, 1999, the Anoka County Board �f Commissioners approved the purchase of election equipment, authorized loans to be provided to municipalities who did not have funds available in the year 2000 to participate in a group purchase, and authorized the issuance of a letter of intent to the vendor to purchase the equipment in 2001�. This provides Anoka County with the equipment necessary to produce ballot layouts, program �precinct memory cards and upload results by modem on election night. Some of the new features of the upgraded Acc�u-Vote machine include: 1. Visible Light Technology allowing the read head to accept marks from any color instrument, except red or yellow, no longer requiring special ballot marking pens. 2. Built-in Modem allowing election judges� to plug the unit into a phone line and activate the modem to send results directly to Anoka C'ounty 3. New Ballot Boxes adding a rear compart�nent allowing election judges to remove the marked ballots through the bottom of the ballot box rather than through the top. The cost of the new Accu-Vote unit, includinK ballot box, delivery and sales tax is $5,953.35. The cost goes down with a trade-in to $4,295.15. The total cost to the City of Fridley would be $64,427.25. Prices are based on an order of 101-250 units being purchased by Anoka and Washington Counties from the Minnesota State Contract #V-18(5) with Global Election Systems dated May 3, 1999. Under the state contract, municipalities will be able to withhold 40% of the final payment until after the equipment is successfully used in the November 7, 2000 state and federal general election. The existing Joint Powers Agreement from 1990 between Anoka County and its municipalities allows the purchase the Accu-Vote ES20(10 optical scan voting equipment under the same agreement. Municipalities must officially notify Anoka County of their intent to participate in the loans as approved by the Anoka County Boazci by June 30,1999. 8.01 Staff recommends a motion approving the commitment of funds for the equipment in the year 2000 and requesting the City Clerk to officially notify intent to participate in the purchase of the new election equipment. : 1 � upgrade of election Anoka County of our MEMORANDUM TO: The Honorable Mayor and iCity Council FROM: William W. Burns, City Manager TY � � DATE: June 10,1999 SUBJECT: Public Hearing Request - Utility Franchise Fees Staff recommends that a public hearing b�e established for the July 12, 1999, City Council meeting to discuss the proposed City Code Chapter 409 which would establish franchise fees for electric and gas utilities. wac 9.01 � CLAIMS : CITY COUNCIL MEETING OF JUNE 14, 1999 ClTY OF FRIDLEY CLAIMS 8 r 30 �- 87GG3 11.01 � � CRY OF FRIDLEY Type of License AUCTION LICENSES CITY COUNCIL MEETING OF JUNE 14, 1999 Michael Servetus Unitarian Society 6565 Oakley Drive Fridley MN 55432 ENTERTAINMENT Fridley `49er Days Planning Committee 6431 University Avenue NE Fridley MN 55432 FOOD SALES University Station Restaurant 7610 University Avenue NE Fridley MN 55432 MOTOR VEHICLE BODY REPAIR Abra Autobody and Glass 7710 University Avenue NE Fridley MN 55432 Rods and Restos, Inc. 7905 Beech Street NE. Fridley MN 55432 PEDDLER/SOLICITOR Asphalt Driveway 1211 East Highway 36 Maplewood MN 55109 � Approved By: Bruce VonBronkhorst Police Department Chuck McKusick Mansa F. Ibrahim Rick Krostag Michael R. Tipler Scott K. Smith Police Department Fire Department Planning Department Police Department Fire Department Planning Department Police Deparrinent Fire Department Planning Department Police Department Fire Department Planning Department Police Department Planning Department Fees: Request Waiver Request Waiver $ 45.00 $ 150.00 $ 200.00 $ 60.00 City of Fridley - ERC Marcelle Everette Police Department Request 6431 University Avenue NE Planning Department Waiver Fridley MN 55432 . 12.01 Type of License PEDDLER/SOLICITOR — CHARITABLE 201 Main Street SE #228 Minneapolis MN 55414 TEMPORARY OUTDOOR FOOD SALES Cub Foods Fridley 1998 LLC 246 - 57`h Avenue NE Fridley MN 55432 Fridley `49er Days Planning Committee 6431 University Avenue NE _ Fridley MN 55432 National MS Society, MN'Chapter 200 - 12�' Avenue South Minneapolis MN 55415-1255 TREE REMOVAL AND TREATMENT Arbor Design Tree Service PO Box 290298 Brooklyn_Center MN 55429 CT Tree Service 312 First Avenue Little Falls MN 56345 � Approved By: Kimberly Mongoven Police Department Planning Assistant Fees: None Stephen P. Kitzriff Police Department $ 35.00 Fire Department Planning Department Chuck McKusick Cindy Schmidt Don Lawrence Cory J. Treb 12.02 Police Department Fire Department Planning Department Police Department Fire Department Planning Department Public Works Dept. Request Waiver Request Waiver Contract- Holder Public Works Dept. $ 40.00 Type of License � GAS SERVICES All Season Comfort Inc 1417 18 St NW New Brighton MN 55112 Richard Larson Associated Mechanical Contractors PO 237 Shakopee MN 55379 Joe Sand DelMar Furnace Exchange Inc _ 4120 83 Ave N Brooklyn Park MN 55443 Del Wischmann Heating & Cooling Two Inc 18550 Co Rd 81 Maple Grove MN 55369 Tim Luhrs Quality Air Inc 10830 Magnolia St NW Coon Rapids MN 55448 Robert Lilya Soderlin H O Plbg Htg & AC 3612 Cedar Ave S Minneapolis MN 55407 Gerald Stanje Statewide Home Supply & Service Inc 14615 Radisson Rd NE Anoka MN 55304 Hal Weber Suburban Air Conditioning Co Inc 8419 Center Dr NE Minneapolis MN 55432 Rose Baumgard Twin City Furnace Co Inc 1464 Selby St Paul MN 55104 David Zandlo 12.03 Approved By RON JULKOWSKI Building Official Same Same Same Same Same Same Same Same Type of License � GENERAL CONTRACTOR-COMMERCIAL All American Recreation 1290 73 Ave Fridley MN 55432 Paul Hohbein Gulden Roofing 3820 Patriot Ln Lexington MN 55014 John Gulden Kranz D J Co Inc 725 Hwy 169 N Minneapolis MN 55441 - H N Elsen Levy Construction Services 620 Mendelssohn Ave N Golden Valley MN 55427 Peter Levy Mikre Exterior's 3855 Jackson St NE Columbia Heights MN 55421 Don Mikre Northern Exposure Exteriors 8944 181 Ave NE Forest Lake MN 55025 Toolkraft Inc 7500 Commerce Ln NE Fridley MN 55432 Walker Roofing Co 2701 36 Ave S Minneapolis MN 55406 Bruce Conway �Iliam Zbikowski Michael Kohler 12.04 Approved By RON JULKOWSKI Building Official Same Same Same Same Same Same Same Type of License � GENERAL CONTRACTOR-RESIDENTIAL Affordable Family Homes (1690 12301 Central Ave NE Blaine MN 55434 Pat Legrey American Building Contractors (20169383) 12237 Nicollet Ave S Burnsville MN 55337 Jim Miller American Gutter Services (20159912) 19512 Country Cir E _ Rogers MN 55374 Budget Exteriors Inc (6564) 8017 Nicollet Ave Bloomington MN 55420 Tom Thorne Kenneth Thompson Cities Home Improvement Co(20076414) 640 Mendelssohn Ave N Golden Valley MN 55427 Michael Schneider Cole Dale Construction (6907) 6452 Bluebird Cir Maple Grove MN 55369 Craftsmen Exteriors (20093753) 13570 Grove Dr #116 Maple Grove MN 55311 Daco Inc 14510 45 St NE Rogers MN 55374 Dalbec Roy & Son Roofing Inc (5164) 4224 Dight Ave S Minneapolis MN 55406 Enos Enterprises (20180384) 5089 Salem Ln Greenfield MN 55357 Dale Cole Daniel Bydlon Gerald Zachman Tim Dalbec Jerry Enos 12.05 Approved By STATE OF MN Same Same Same Same Same Same Same Same J Tvpe of License � GENERAL CONTRACTOR-RESIDENTIAL Five Piilar Contracting Inc (200986410 43193StNE Columbia Heights MN 55421 Patrick Griffin J G Industries (20097862) 11818 Monroe Cir Blaine MN 55434 John Gutowski Johnson Milton Roofing(2083) _ 640 Mendelssohn Ave N Golden Valley MN 55427 Michael Schneider Laker Construction Inc (20053900) 140 W 98 St Bloomington MN 55420 Manions Master Roofing (5141) 3841 Hayes St Columbia Heights MN 55421 Master Remodeling Inc (20012916) 32 10 Ave S Hopkins MN 55343 Miller Ron Construction Inc (6354) 953 Mississippi St NE Fridley MN 55432 Gary Schoeller Thomas Manion Ronald Brown Ron Miller Millworks Construction (20062275) 2725 Nathan Ln Plymouth MN 55441 Chuck Miller Moser M J Construction (2668) 847 19 Ave N S St Paul MN 55075 Michael Moser 12.06 Approved Bv STATE OF MN Same Same Same Same Same Same Same Same Tvpe of License � Approved Bv GENERAL CONTRACTOR-RESIDENTIAL Nordstrom Gary Construction (8832) 17235 Driscofi St NW Ramsey MN 55303 Gary Nordstro�n O'Keefe Roofing (20179101) 8261 Knollwood Dr Mounds View MN 55112 Pat O'Keefe Peachtree Construction Inc (1910) PO Box 49152 Blaine MN 55449 Doug Schenkel Solomon & Sons (20055664) 12211 Olive St NW Coon Rapids MN 55448 Statewide Home Supply (9373) 14615 Radisson Rd NE Anoka MN 55304 The Builders (7150) 486 Old Farm Rd Shoreview MN 55126 Brian Solomon Hal Weber Scott Sayre Top Line Contracting Inc (20042050) 2101 74 Ave N Brooklyn Park MN 55444 William Johnson Quality Contracting (7035) 11380 West River Rd Champlin MN 55316 SMA (20042927) 810 Lilac Dr STE 114 Golden Valley MN 55422 Ken Welton Steve Arrell Scott L J Remodeling (20131822) 289 Rohavic Lane Lino Lakes MN 55014 Lawrence Scott 12.07 STATE OF MN Same Same Same Same Same Same Same �ame �pe of License � GENERAL CONTRACTOR-RESIDENTIAL Siding Plus Windows (08275) 301 E 2 St Fairmont MN 56031 Leo Baca Sylvestre Construction Inc (1428) 7708 5 Ave S Minneapolis MN 55423 John Sylvestre TJP Construction Inc (20073666) _ 9303 Flanders St Blaine MN 55449 Todd Peterson Tischler Construction (1043) 1910 77 St E Hugo MN 55038 Walker Contracting Inc (20062232) 618 5 Ave SW Cambr�ctge MN 55008 Westphal Roofin.g (3937) 686 141 Ln NW Andover MN 55304 Mike Tischler Don Walker Roger Westphal Westurn Roofing & Siding (20155566) 705 N Hwy 169 Plymouth MN 55441 Katrina Luken Williams Ron Construction (20136205) 600 Janesville St NE Fridley MN 55432 Ronald Williams 12.08 Approved By STATE OF MN Same Same Same Same Same Same Same TYpe of License HE—ATING Ail Season Comfort Inc 1417 18 St NW New Brighton MN 55112 BY Richard Larson Associated Mechanical Contractors PO 237 Shakopee MN 55379 Joe Sand Heating & Cooling Two inc 18550 Co Rd 81 Maple Grove MN 55369 Quality Air Inc 10830 Magnolia St NW Coon Rapids MN 55448 Soderlin H O Plumbing Htg & AC 3612 Cedar Ave S Minneapolis MN 55407 Suburban Air Conditioning Co Inc 8419 Center Dr Minneapolis MN 55432 Twin City Furnace Co Inc 1464 Selby Ave St Paul MN 55104 MOBILE HOME INSTALLER Schulties Mobile Home Service 4092 234 Ave NW St Francis MN 55070 Tim Luhrs Robert Lilya Gerald Stanje Rose Baumgard David Zandlo Daniel Schultz Statewide Home Supply & Service tnc 14615 Radisson Rd NE Anoka MN 55304 Hal Weber 12.09 Approved By RON JULKOWSKI Building Official Same Same Same Same Same Same STi4TE OF MINN Sarne �pe of License � MOVING Swift House Movers 20845 Larkin Rd Corcoran MN 55340 Bob Swift PLUMBING Associated Mechanicai Contractors Inc PO 237 Shakopee MN 55379 Joe Sand Captain Plumbing Service - 7307 Co Rd 5 Princeton MN 55371 Robert Meier Daas Plumbing Inc 3781 131 Ave NE Blaine Mn 55449 Richard Daas Gavic & Sons Plumbing 12725 Nightingale St NW Coon Rapids MN 55448 Paul Gavic Hayford Neal Plbg & Htg 173 Hartman Circle NE Fridley MN 55432-4112 Neal Hayford Mr Rooter/KCJ Enterprises 2800 Campus Dr #40 Plymouth MN 55441 Cordell Johnston Norseman Plumbing 2945 165 Ln Anoka MN 55304 Brad Becklin Seitz Bros Inc 8600 Xylon Ave N #108 Brooklyn Park MN 55445 Jack Seitz 12.10 Approved Bv STATE OF MN STATE OF MN Same Same Same Same Same Same Same Tvpe of License RO— �._, FING Cook G W Construction 3133 Nicollet Ave S Minneapolis MN 55408 Kuehn Roof Systems Inc 14815 Aberdeen St Ham Lake MN 55304 WRECKING Sauter & Sons Inc 14050 Azurite St Anoka MN 55303 � Gary Cook Tom Kuehn Thomas Sauter 12.11 Approved By RON JULKOWSKI Building Official Same RON JULKOWSKI Building Official � ` CfiY OF FRIDLEY Newquist & Ekstrum, Chartered 301 Fridtey Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432 ESTIMATES JUNE 14, 1999 Services Rendered as City Prosecuting Attorney for the Month of March, 1999 ................................................ $ 16,381.00 Frederic W. Knaak, Esq. Holstad and Knaak, P.L.C. 3535 Vadnais Center Drive St. Paul, MN 55110 Services Rendered as City Attorney _ for the Month of May, 1999 ............................................................... $ 5,000.00 Ron Kassa Construction 6005 — 250th East Elko, MN 55020 1999 Miscellaneous Concrete Curb and Gutter and Sidewalk Project No. 322 Estimate No. 2 ................................................................................... $ 5,265.75 Park Construction Co. 7900 Beech Street N.E. Minneapolis, MN 55432-1795 Riverview Heights Area Improvement Project No. ST. 1999 — 1 EstimateNo. 2 ................................................................................... $60,759.53 13.01 DATE: June 7, 1999 MEMORANDUM PLANNING DIVISION TO: William W. Burns, City Manager��% FROM: Barbara Dacy, Community Development Director Scott J. Hickok, Planning Coordinator Paul Bolin, Planner RE: Holiday Special Use Permit INTRODUCTION The purpose of this hearing will be for reconsideration and ciarification of issues related to requested Special Use Permit SP# 99-01, for a motor fuel sales and a car wash establishment and terminate previously granted SP# 75-28 for motor fuel sales. This property is located at 5695 Hackmann Avenue. ISSUES On May 10, 1999, the City Council approved a special use permit for the site at the southeast quadrant of Highway 65 and Hackmann Avenue. That approval meant a facility with gasoline sales and a car wash could accompany the new convenience store proposed for this site. On May 24, 1999, the City Council voted to reconsider Special Use Permit, SP # 99-01, due to the discovery of a zoning issue revealed through additional historic research. Z ni 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 southernmost 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 southernmost 125' of the lot was left with a C-1 designation. This finding is significant because the C-2 14.01 Holiday Special Use Permit June 7, 1999 PAGE 2 district allows car wash facilities as a special use permit; the C-1 district does not. rW As a result, Holiday has agreed to eliminate its car wash for this site. A revise site plan showing the site without the car wash has been attached for your convenience. W tl n � eared to In reviewing this applicatior�, staff visited the site and noticed what app be possible wetland vegetation. The City's environmental consultants, Peterson Environmental, visited the site and took soil semand Inventory mapsS s that theer reviewing the soil, air photos, and National W area is not a wetland; however, Peterson asked to revisit the site once the thaw had occurred. In addition, Holiday Companies hired Arlig Environmental to also review the site and identify any possible wetlands. Their conclusion was similar to Peterson Environmental, that the site most likely is not a wetland, but that additional soil testing was to be done in late April or May when the ground was thawed and conditions were right to make an absolute determination. For this reason, the first, SP #99-01, stipulation recommended by staff stated that additional soil testing will be completed by June 15, 1999. If it is determined that non-exempt wetlands exist on the property, the special use permit shall become null and void. No site alterations shall occur until this final determination has been made. Subsequent to the May 24"' City Council meeting, Peterson Environmental determined that no wetland exists on the site. ATTORNEY'S RECOMMENDATION FOR CLAReFeco d' bN o d ng a pubIORD The Ci ty A tto r n e y s u g g e s t s t h a t t h e C i t y c l a r i f y hearing t o r eview s pecial use permitcomme ds that he Ciy Councisaaso review Statute. Further, the City Attorney re the original SP # 75-28 special use permit for motor fuel sales.. SPECIAL USE PERMIT - SP #75-28 On April 8, 1976, the City of Fridley approved a special use permit for motor fuel sales at this location. The request was made in conjunction with a rezoning request. 14.02 Holiday Special Use Permit June 7, 1999 PAGE 3 Site History In March 1959, Pure Oil Company, Minneapolis, received a building permit to construct a 1,344 s.f. The zoning on the property at that time was C-1S. The C- 1 S district permitted: gasoline service stations, and when accessory thereof, the retail sale of gasoline, oil, accessories, and the washing, cleaning, g�easing and servicing of automobiles, including mino� adjustments and repairs, but not general �epairs, overhauling, rebuilding, demolition or spray painting. In 1969, the Citys zoning ordinances were modified to require a C-2 zoning and a special use permit for automobile senrice stations. In Late 1972, Union Oil Company asked for a rezoning and special use permit in order to bring their property in compliance with the City Code. Later iterations of the zoning ordinance made it necessary to have both a C-2 zoning and a special use permit for gasoline service stations. Though they were pre-existing, they did not want a non-conforming status. The request carried over into 1973 and the Council determined that until a decision was made regarding the reconstruction of the intersection at Hackmann, Central Avenue, and Highway 65, they did not want to make a final decision on the Union Oil matter. Note: Our current 60-Day Agency Action Law would prohibit such delay. In December 1975, the Planning Commission held its public hearing regarding the rezoning and special use permit request by Union Oil Company. The Commission recommended approval to the City Council with 3 stipulations: 1. This special use permit be subject to annual review, with emphasis on housekeeping, etc. 2. Within two years, the City would like the operation to be updated. 3. When a building permit is requested for either major remodeling of the service station or to construct a new service station, this Special Use Permit shall be reviewed. The City Council approved SP # 75-28 with 3 stipulations as recommended by the Planning Commission. That approval occurred in April 1976. In December of 1976, SP # 75-28 was reviewed. A stipulation was added regarding a screening fence to separate the facili t y fr o m t h e r e s i d e n t i a l p r ope rties on t he east and south sides of the develo pment. T he mo tion left the language of the stipulation to staff's discretion. 14.03 Holiday Special Use Permit June 7, 1999 PAGE 4 STAFF RECOMMENDATION Staff recommends that the City Councii ap Srave S�Pa W9� �� W� ther eclo�d a d stipu la tions, a n d t e r m i n a t e S P # 7 5 2 8. T h p p s h a l l i n c l u de the foilowing stipulations (note: stipulations related to t he car was h have been removed): 1. This special use permit shall be subject to annual review, with emphasis on housekeeping, etc. (SP # 75-28) �� hPVOnd that for the facilitv 3. When a new building permit is requested ( or to n%osPd a this time) for either major remodeling e#-�e � construct a new t r service station, this Special Use Permit shall be reviewed. (SP # 75-28) line shall be replaced with a 4. A fence along the east and sout ��P ed b�staff prior to issuance of a building residential type fence, to be app Y permit. (SP #75-28) , a:-- , , ' � - -----o „� �n ,,,,. _ .. . _ - ---1 ...... r��rmi , ., „r,.._.__ _. . (SP # 99-01) 6. The petitioner shall be responsibte 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. (SP # 99-01) 7. The parking lot must be lined with a concrete curb. (SP # 99-01) 8. Adequate parking shall meet code r9qOu1rements, including one handicap space, be provided on-site. (SP # 9 ) 9. No off-site employee parking shall be allowed along Hackmann Avenue or the service road. (SP # 99-01) 10. Final drainage, landscaping, and irrig01tion plans shall be submitted with building permit application. (SP # 99 ) 14.04 Holiday Special Use Permit June 7, 1999 PAGE 5 11. The petitioner shall execute a storm pond maintenance agreement, requiring petitioner to maintain the storm pond. (SP # 99-01) 12. The canopy over gas pumps shall have recessed, shielded, downcast lighting so as to be less intrusive on neighboring properties and canopy faces shall not be internally lit. (SP # 99-01) 13. �RN�(SP # 99-01) _ 14.Tanks and ventilation shall be located so as to limit gasoline fumes off premises. Tank and vent location shall be approved by staff prior to issuance of a building permit. (SP # 99-01) 15. . (SP # 99-01) 16.Intercom volume shall be set so intercom messages do not carry beyond property. (SP # 99-01) 17.Informational signage shall be placed on-site reminding Holiday customers that they are in a residential area and requesting they keep radios turned down so impact does not carry onto neighboring properties. (SP # 99-01) 18.The petitioner shall comply with all outdoor sales provisions of Chapter 205 of the City Code. (SP # 99-01) 19.The petitioner shall comply with all outdoor storage requirements. (SP # 99- 01) 20.The petitioner shall install underground irrigation for the landscape areas surrounding the station store. (SP # 99-01) 21.A11 signs shall be reviewed by staff to assure compliance with Chapter 214 of the City Code. (SP # 99-01) 22.A11 building elevations shall be reviewed by staff to ensure the design and materials used, shall architecturally integrate with the surrounding neighborhood. (SP # 99-01) 14.05 _ v�ri '',►' = II: I, 06/08/99 TUE 08:56 FA% 6126860369 Peterson -- Front Dest f� 002 PETfRSON ENVIRONMENTAL CONSULTING, INC, June 7, 1999 Mr. Paul Bolin City of Fridley 6431 University Avenue NE Fridley, Minnesota 55432 Subject: Wetland Determination-Citgo Site Fridley, Minnesota PEC Project No. 94-U46, Task C Dear Pau1: As requested, we conducted a second review of the Citgo Site on May 27, 1999, to verify that there are no wetlands on the property. The follow-up visit confumed that the overstory plant community is dominated by box elder (Acer negundo, FACVi�, A.merican elm (Ulmus ame�icana, FACV�, eastem cottonwood (Populus deltoides, FAC+), and green ash (Fraacinus pertnsytvanica, FACV� trees. The understory was dominated by European red elder (Sarnbucus racemosa, FACU+), glussy buckthorn (Rhamnus frangulu, FAC+), gooseberry (Ribes sp.), a,nd common motherwort (Leonurus cardiaca, Nl�. A number of soil borings were exaznined throughout the site to verify the absence of hydric soils and to evaluate the e�cistence of subsurface hydrology. One of the soil cores examined met the criteria for NRCS hydric soil indicator F-4 (depleted below dark surface); however, the subsoil was not saturated and there was no free water in the borehole to 26 inches after 20 minutes. The other soil profles exhibited similar subsoil morphologies (7.SYR 4/4 matrices, with common, distinct 7.SYR 5/2 redox depletions and 7.SYR 4/6 redox concentrations). None of the other soils examined were hydric and none met the hydrologic parameter. Based on the lack of hydrology and the dominance of non-hydric soils on the site it is our conclusion that the area is non-wetland. We appreciate the opportunity to assist you with this project. If you have any questions, please feel free to call our o�ice. 1355 Mendota l�erghfs Road, Suite 100 ■ Mendota Heighls, Minnesota SSI?a1112 ■ 65J-6B6-015J ■ Fax 651-686-0369 ■ E-mail: PeterenvfWorldnetAtt.Nef With 8ranch O�ces In: Big Rapids, Michr�r}�f��p3 and Duluth, Minrtesota (2I8) 72&1228 O6/08/99 TUE 08:57 FA% 6126860369 Peterson -- Front Dest f� 003 Mr. Paul Bolin June 7, 1999 Page 2 Best regards, Peterson Environmental Consulfing, Inc. � � Michael E. on Senior Project Manager I hereby certify that the enclosed plan, document or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Soil Scientist under the laws of the State of Minnesota. Print Name: Michael E. Timpson, Ph.D. Signature: �' -. Date: 6 •� License #: 30161 14.09 Planning Division Memorandum Date: 6/7/99 To: William Bums, City Manager �1''P° From:Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Paul Bolin, Planning Assistant RE: Public Hearing for ZOA #99-02 M-99-141 INTRODUCTION City staff has initiated a rezoning of Lot 11, Block 1, Melody Manor, from a R-2 zoning district to a R-3 zoning district. The vacant property located at 7411 Universit�r Avenue has been zoned R-2 since the early 1960's. A court settlement in 1970 allowed R-3 standards to be applied to the property. Since 1986 the property has been improperly labeled as R-3 on the City Zoning maps. Rezoning the properly to R-3 would be consistent with the court settlement and would be necessary to allow the proposed owner occupied townhome units. This would also allow other multi-family units built on the site, in accordance with the court settlement, to be conforming uses. PLANNING COMMISSION ACTION At the June 2, 1999 Planning Commission meeting, a public hearing was held for ZOA 99-02. After reviewing the proposal, a motion was made to recommend approval of the rezoning request. The motion passed unanimously. PLANNING STAFF RECOMMENDATION City Staff recommends the public hearing for ZOA 99-02 be held. 15.01 City of Fridley Land Use Application ZOA-99-02 � May 19, 1999 GENERAL INFORI�IATION SPECIAL INFORMATION Applicant: City of Fridley Requested Action: Rezone property to R-3. 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 20�.09.O1.A.(1) allows multiple dwellings including rental and condominium apartments. Zoning History: • 1961 - Melody Manor is platted • 1963 - Ed Chies obtains building permit for 8-unit apt., but never builds. • 1964 - City changes R-2 zoning, 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. • 1998 - Timothy Jawor proposes 7 unit owner occupied townhomes. Legal Description of Property: Lot 1 l, Block 1, Melody Manor Council Action: Niay 24, 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. SUI�II�LARY OF REQUEST Property has been zoned R-2 since the early 1960's. Court settlement in 1970 allowed R-3 standards to be applied to the property. Since 1986 property has been labeled as R-3 on the City Zoning maps. Rezoning to R-3 would allow the proposed owner occupied townhome units. SUI�IMARY OF ANALYSIS City Sta, f�'recommends approval of this rezoning request. • would allow owner occupied townhome units • would allow multi-family units similar to neighboring properties • would meet terms of 1970 court settlement • would make the existing zoning on the property consistent with what is shown on the City's zoning maps Staff Report Prepared by: Paul Bolin 15.02 � . .. � ANALYSIS The vacant property located at 7411 University Avenue has been zoned R-2 since the early 1960's. A court settlement in 1970 ailowed R-3 standards to be applied to the property, yet still the lot remains vacant. Since 1986 property has been improperly labeled as R-3 on the City Zoning maps. Rezoning the property to R-3 would be consistent with the court settlement and would be necessary to allow the proposed owner occupied townhome units. This would also allow other multi-family units built on the site, in accordance with the court settlement, to be conforming uses. The proposed project by Timothy Jawor has received a variance from the appeals commission and preliminary plat approval from the planning commission. Even if this project were not proposed, or were to fail, the property should be rezoned to R-3 as suggested by the City Attorney in 1988 (see attached memo). An R-3 zoning designation on this property would be consistent with the surrounding area, as the properties to the immediate No�th and South both contain 12 unit apartment buildings. Grace Lutheran Church owns the property immediately to the East and HWY 65 borders the property on the West. There �are other apartment buildings and duplexes in the immediate vicinity. � 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 Classification 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 this rezoning application for the 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 � 15.03 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 & 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 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 & Plat request from Timothy Jawor. Rezoning request from City. While researching the current proposal from Mr. Jawor, current City staff became aware of the mistake on the zoning map and the 1988 memo from the City attorney. Though no action was taken in the past on the rezoning of this property, current City staff is working to correct all mistakes and inconsistencies on the current zoning map. RECOMMENDATION City Staff recommends approval of this rezoning request.. In order to correct the error on the zoning map, conform with the settlement of a past law suit, and allow owner occupied townhomes, staff recommends approval of this request. 15.04 �J,i� %�(,l• N•::lJ [.:�.!Sc�►.� � � Sc•r� ��,�,:,,� C:��(f- ll7:n:f�..'% �:y�::: � �� i �s��. , 2 � . ' � • �{ l J � ,�� / �,T � 6.4"S-flS�r.d.. °:� :E. l./'�%l! �..'L� ' / r ' � , �- !��::f� :; '; , �i�� `•� s:-,:: �. f �! � � � I� �.-. �.::-�.:.t�� .ki�a j � �'�,��t� • • i � . Er�9�nc��i �S . � Su� vc�c o� ,.ti �- - :�- � t�� F} � �. r..��..� ,� � �f_.':. t:?..,:.::.ta..r _...: C:;:.�. ._•��. �:�<:.� .�L:..� E �_h; 0�_l'ELC►'��E!�iT _CC�. __ .' � �� t 3 �. � (- �, r < r- N 'LI 7 r- �� l� (;� L� � li � LI ' �i . ` J� . `�c , � � , A;I 1' � ? _ . ` \t ` . ��. . . — _c �. E! — _�, c: ., ^ ---..._. _...--- ••-- -- -- _._. _..--- --- •--• � '1 ., . ( � � � � j , t:l ; " � � c i � C : � ' � i fI � < <') ! �� `�� 4:1 ^� �� (�� .\�_ — Z. c•c. S'3 -- ---.� �\ 1:��; n J I G•:1•� :!��, RC._o.� •: -1. �....=c•: e'' E•.•it. . ` � o OEr�ot�r_r, 1�sor� ____-__ C�c_►ar.1C ; �l1'��.�1`� s. C.a:n�N:.G� F�`.+f.N.E.t1T•� tJoTC_.— �. E�evc.-r�o�,_, r.�:.� F'Rcf`o�r__o 2. F�F��T � LGOtt �.L.i..V/�T �Gt� 'TO r:• : Z..S �CF r<.e.ov:. G�o��:aG F�r.v. s,r►r :: c: I..o'� '� i3�,ocjt s. iv�� : i__c�I�Y t�t��tc� �=�. _._;_ _. ' /_ ,. .u- � � . �.'� �� '^��'. . �. . �. • ' _. .:.� .: °.°.. � �:i �:. :li�-i� �"� t!: :S O f :� �•4�.�l1►�. �:i ' .. . �:4: i, G. :ti.�.�/ ..1,•• � �:.:•.' /._.• 'rs ,�F •'�. ... � � . : �l,• • :��:I: ..J �/ •,I :�• ' w•t, � • • •' J: •'_.. i' i • .� �:• 'ti ,•'�:.� . • : �' "' _._ m P. o . . • .C. r.'R. . ./.c=: 'y'. , ••;, .—y, �' :� '��;, �.r,r• . d.g , _.__� , . �.._..:•:�L�__._. �.;� i��7. .%V�ii/,�� :.i / : �`i�✓'!r�•�!;':"�� 1��. s !�:O:ne':i; �� .i. ►••l�ri S � k t. �_ t"= S:' � �``' - ''� -�-�'--. _-�%! _.._ ..._.. -----•- J _ . .. _._ ..._ . ._ .. � ---- --•--- ---- =� _.....__. .. . . . . .. ._ .- --- - - ......_- - --� �--- - 15.05 . l . C � � ` � •� � $� • : HALL, SP�iITFi. JUSTER. FEI:CEMA APtD HASKVITZ � � - _ . • /�' �� ^ � ; i_ � � l � �._. . _ . �^ � ~ � d. �✓� �i S'"� �� • � � � 4 � ,� �' ��y� . _ . . - '• � �� -- . oouc�.s »._� � w�✓�!V SM17M . , . ._ . _. . . _. . . �1050 •UILOCRS CxCM�NGC •�OG.. ��MINNCA�QI.I!• MtNNiSGT1 SS�� LCON.�R� T. �U7:C4 ' ' . . _ . . . " , rMOMt �]�•! •1 • Q//ICC! IN: OS�CQ, /RIOI�C'�' MCMq'/ w f(IKCw1 - � •OMAl.OI. M.�S[VIT� - •. .. . . • • . . -� . . . � _.� dAM[S R. CASSt�ill� ' . . _ .. . . . � " • ' .. . . June 24, 1910 .. _ .. .. Mr. Homer Ankrii;n . � � Manag�r, City of�Fridley - 6431 Un i vers i ty Aven�re "1. E. Fri dl �y , Nti nnes ota 55421 Dear Hoaier: � The F,no�;a County District Court c�se File 31410-4392 entitled ._ . E�a•rard A. Chi�s vs. City of Fridle;� and Clarence Eelisle carr� ' on� for �triaT�berorz-Judge Kzyes on L•;edn2sday, June 24, at 10:0� a.m. As is usGal, JudSe K��es had nry,elf and the attorney for �ir. Chies � � come in�o nis cham�ers and go o��er tne entir��mG*_ter: The fac�s�� - rrere pr�tty much ag•reed u�on. Cni�s boucnt tnese fi,ro lots as vr?11 - � as ten rr.ore f�Oti1 E& i•1 O�veTopr�ent Compan� in:Qcto�er of 190�. N2 . - appl � ed `or bu i 1 di ng per�ni �s on a 11 tne 1 ots on PJov�niber 15 , T963. �- He did huild ar�rtr;�r,t str��t�res �r, all cr tf;e lcts exc�at tF� tr:� in�olvec; ir c.nis la��rsuit. These are na�T�ly; Lots 8 and 11, in Block 1, �i2lody i�ianor. He excavated for a basem�nt on cne of tne lots. He did notning on the oth2r.3, He finished his final buiiding o` the buildings that rrere constructed in Apri1 of 1967. �The City -�-� -- adopted an am�n�ln�nt to its zoning codz that became zffectiv� about April 15, 1964, lin�ting the R2 Zoning ta douhle d,•��1lings. The �.. �- Code requ ; red b�; ;1 di ng perrr,i ts to be used ti•ri tn i n•5a days or terni na ��d. � � It �rras o�r. contenti on. tha.t, tne- bui ldi ng perni t that he had tal:en �ut •on -•- --�- -- P�ovemL�er 15, 1963 had expired before the cnange in the Zoning. It was - Plaintiff's position tnat this a�as e confiscation of his property in tnat the lots ha�-e no �easonable use as t�r!o-family u�rellings and n�ed multiple d�r211 i ngs � on tf;eri: � Judoe <eyes agreed c•ri th the P1 ai nti ff's coniention. He - thoug(it that thes� t4;o vacar�t lots a;�re buried b�t�reen existing aPartnent buildin;s and that the Cit�, both througn its commiite2 and by council ' action, had appro��ed t�e construction of a group of apar�ment buildings, � i ncl udi ng ti�ese t.•:o 1 c,ts . He sugges �ed � that I recom:i►end to th� counci 1 � that the building�pzr�nits be issued. The matter v:as co�tinued to August �8, and dt tlldt t1R1� he �iTl issue an ord�r if tre City has not issued the building permits. � . . � - � . � - � � �'1��.0� .._ : . . ._. . .... � . . . - . � . �� • .• . • .. _ . . '` '. .._ . �2- /' _.. � '. " • ' ' .- .- . _ •- :.••�- �� ' �rhat of a compromi s� wi th <<r.. �r� wi l lnhaves � .��_- I was. able to make soma� reed tfiat the permits .�o longe . _ �� attorney in �hat they 9 but that the..units ,wi Il . .. . the 6 units on Lot.85an�d llQ�a d anL8tunit buildin e bu��t�ng' . � -be reduced to 4 � - � 2�;nits for that nu r L hhat are n� t s recommend that the n��to>issueebuilding aP t h o r 1 z� �her things - ��- ' � � insezction depar�me - _ . _ ..._. _. . providing tnat thz apolicant submits the usua o�- _ required with building-p°rmit applications. and hasim Qureshi appeared �:dto der?n Court and .- __ Both Clarence Bel�sle oo .. . � each of them had their docum�nts and papers in 9-� ted lot under-the -: '� :. ':-_._~_ ' �� I� di d get the Court to � agree�ourt woul d determi ne� that thescati onnof • --• '�� `- --� same circunstances that th m2nt will not affect any ----� � ermit had expired and that there_was or would bz no con � � the property rights. I thin�: the Court's judg - other property or per.ding applications in the City. - Yours truly; - � � _ � 4:yman Smi �h . �__ . • .- ._ �dg ' � - . .1 - � �� 15.07 � . r:.: 1.� : j- . . �,,,. � v � CITY OF FRIDLEY H E H 0 R A N D U H '�: JOHN FLORA, DIRECTOR OF PUBLIC WORKS FROH: K.�►Y TISCfII,ER ERI(�CSON, LEGAL INTgRN 1�-�C� DATE : MAR(�i 2 2, 19 85 SUB,TECT: APPROPRIATE USE FOR LOT 11, BLOQC 1, HEIADY MANOR, 7 411 iJNI VERS I TY AVgNUg N. E. You requested that I give an opinion as to vhether the 1970 court ruling on the above propezty� statiag that the applicable zoning for the pzoperty vaa tl�at in effect ia 1963 (vhich allwed multi-family dt„rellfngs) � ia applicable to subsequent ownera or vhether rezoniag ia aecessary� I contacted the Aaoka County Clerk of Court vho exasined the file �of Ed Cbiea v. T}ie Cit�► of Pridley. On June 24� 1970, the parties to the suit stipulated that a multi-family dvelling could be �built and buildin permits for the same vere to be iasued to Chies, -hi assigns and successors It is _� �y understandiag that Chies a,ad e c •u sequent am aa represented to the neat buyer that the applicable zoning for the property allwed multi-faa�ily dvellings. It is my opinion that the right'to build a nulti-family ds,relling on ehis propeity belongs to subsequent ovners based upon th� atipulation agreed to in 1970. A�ever� the best approach vould probably be to rezoae the property 8O that o[her landovners aad developers cannot question the zoning decision. If rezoning entails a great deal of the City's time or > moneq, or if there is knwn opposition to the reaoning, it vould be viae to get an opiaion from the City Attoraey before proceeding. If I can be of further assistance on this iseue, let me know. � '� /'' /-�` �-� � l.�r�� ,- r, G� / � �_ iI �r. 'f � � � ' , / - !". � r, - . � i�b ¢ ( ; ;; �. :", � ;; 15.08 ��,/ � , / ' �` y%" �l%`�/ . .: � �;,;, `, ` ^� �� ! �• +� �' .. . r. � ...ti , � ' `.- � ---�e_. � L� ; , v .` _. _ . � ' �. --� .1 i � ` � M E t�l 0 T0: JIM ROBINSON, CITY OF FRIDLEY FROM: GREGG V. HERRICK DATE: MARCH 29, 1988 RE: REZONING OF LOT 11, BLOCK 1, MELODY MANOR As I understand the situation, the City poses the following question: Should a variance be granted to allow an apartment complex to be developed on the above described premises, currently zoned R2, or should the City rezone the area to conform with the use to which the property is currently being put. On June 24, 1970 the City entered into an agreement with Mr. Chies in which the City of Fridley agreed to issue building permits to construct an eight unit apartment building upon the property in consideration of the withdrawal of the lawsuit. It is my understanding that the current owners of the property wish to construct an apartment complex which, while it meets R3 zoning requirements, because of its underground parking, exceeds its eight unit apartment agreement signed by Mr. Chies on June 24, 1970. Because the area in question is predominantly occupied by apartment complexes, the R3 rezoning should be carried out regardless of how many units are finally approved. It is our opinion that the agreement providing for the construction of an eight unit apartment complex can be enforced against the new owners. It is our understanding of the situation, however, that the City has informed the current owners of the property that the larger apartment complex will be allowed on this site. Assuming the zoning requirements have been met, there would be no legal problem in granting a building permit on the current proposed_apartment complex. As far as the question as to who is responsible for initiating and paying for the rezoning procedure is a point which should be negotiated between the current owners and the City Council. � 15.09 � ��,< �� '=r' ��:.�• 5 ,� '� ' � � _ } j � ; � � � �3 � .�, � . x� � �;� 3£� ��4'R. � . 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'�' €' ��_�}�� S� - .� ._a �� r� �. � ° ..� ..-�� - " `.:t c:� �e�s • +.., _ � � �.. _< ts-r-�,-. � .r_> � � -. _ _ . . _ _. _ � � ,. _ � _ - .. �'., � � � 4� � _ � � �°_ � , � � �: 3 � � � �� - � � " �_� �� . i� � _ __. '��- ��' � � _ � � ' � :� <� '� - � � �� : � �- �� -- � ��` � � � �` �" � � �- ,, :-�a� _ � �� :; _ �� t � ` �� , �; _ _ �. .. �� . ,� �_ � - r � _ � � - �'. � �- � � � , � � � �� a � � � � - - ; �� T � # � T �_ d ��°�..; �.�` ,� � �� _- .� �� - a`�j �, � _ �� ' �'�€� ��- .. �.�k'�S � - �� _ 3 L .� y �` . � � ��._Y �}�'�-.9 .. _ � � 1 � �a� ' �y� #P1?e�.�-. � � i� � ".� Aek � _ � _- � � �, - . e . � � � � ;: F � � � _� � �� _ � � � r _ ��r� a • � R � �`- � -� �� _ �� - � �- `�_ - __ ` � . �-. - .��°'ty _+ / Planning Division Memorandum Date: 6/7/99 � To: William Bums, City Manager �� From:Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Paul Bolin, Planning Assistant RE: Continued action on VAR #99-05 M-99-143 INTR�ODUCTION 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 complex at 7411 University Avenue. CITY COUNCIL ACTION / FOLLOW UP At the City Council meeting of May 24, 1999, the City Council with held action on the variance request to give the petitioner an opportunity to re-evaluate the magnitude of his variance request. The petitioner indicated to staff, in a meeting on June 2, that he had evaluated other options for his property but would like to proceed with his original site plan and variance request. 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 reduce the building to 6 units (20'8" wide) to meet all the zoning code requirements. The following is a summary of reasons why City Staff recommends denial of both the variance request 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. 16.01 City of Fridley Land Use Application VAR-99-05 Apri128, 1999 GEYER�I, INFOR�ti1ATI0Y SPECIA.L I�YFpRi1�I�TTOv �pplicant: allowing R-3 standards to be aDVlied to T'imothy Jawor 9175 107`' St. N. Stillwater, �rf�155082 Requested Action: Variance to reduce required rear yard setback from 40' to I9.2' to cons�uct a 7 unit townhome complex. Existin� Zoning: - R-2 Two Family Residential Location: 7411 University Ave. Size: 22,128 square feet .51 acres Existin� Land Use: Vacant. Surrounding Land Use & Zoning: N: Apt. Complex & R-2 E: Church & R-1 S: Apt. Complex & R 2 `V: H`VY 6� & C-2 Comprehensive P(an 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 permit for 8-unit apt., but never builds. ' • 1964 - Ciry changes zoning to R-2, allowing only duplexes. • 1970 - Ed Chies sues City to obtain his original building permit. Settlement reached 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 properry. Transportation: Town homes will be accessed by the University Avenue service road. Physical Characteristics: Relatively flat, �ass covered lot. SUI�I�IARY 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 town.home -- complex. SU1�I�I�IARY OF HARDSffiP -See attached statement from petitioner. SLfMMARY 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 eolin i , 16.02 . - • • � ANALYSIS 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. 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 pr�r�erty. Zoning Classification Though this property has been incoRectly 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. Historical Timeline of Zoning History & Action • 1961 - Melody Manor was platted. • 1963 - Ed Chies obtains building permit for 8-unit apt., but never builds. .16�03 • 1964 - City changes R-2 zoning, allowing only sing(e family homes � duplexes. • 1970 - Ed Chies sues City to obtain his originai building pennit. Settlement reached allowing R 3 standards to be applied to property. • 1986 - Zoning maps accidentaliy show the property as R-3. • 1988 - City attorney memo stated that property shouid 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. VARIANGE HARDSHIP Befo�e the Commission shall grant a variance, it is the responsibility of the applicant to prove that enforcement of the code would cause undue hardshin 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 neighbofiood. 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 petitioners request, staff applied the law defined definition of hardship and developed the following analysis: � The properfy 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 between Ed Chies and the City. The petitioner believed that the City would allow up to 12 units to a 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, � 16.04 etc.. This lawsuit was not about the size of the units, or the specfic number of units that could be built. The purpose of this lawsuit was to allow Ed Chies to build more than just a duplex on the property that had been re-zoned since he purchased it. � The need for the variance is due to the conditions unique to the property and not created 6y actions of the /andowner. • There are no conditions unique to the property, which prevent reasonable development from occurring on this parcel. The property is large enough (22,128 square feet) to be built on as an R-2 or an R-3 lot. • The lot, like nearfy all City lots, is a rectangular parcel. The lot is approximately 110' X 201' in size. The fact that the petitioner would prefer an even "more rectangula�' parcel for his townhome development is not a hardship. • The "need" for this variance is created by actions of the landowner. The petitioner desires to develop the 7"' unit, though staff has pointed out that he could proceed on the p�oject by building only 6 units. Building only 6 units would give the petitioner the code required rear yard setback of 40'. The petitioners desire to build a 7"' unit is not a hardship. � The variance, if granted, will noi a/ter the character of the neighborhood. • The code requires the rear yard setback to provide space to be used for green areas and buffers between structures which enhance neighborhoods. The variance, if granted, would reduce this required space from 40' to 19.2'. • Neighboring multi-family units, to the North and South, are set back 72' from the rear property lines. • The setbacks also provide access for emergencies and limit the condition of crowding in the neighborhood. RECOMMENDATIONS City Staff recommends denial of this variance request Contrary to the petitioners statement in his hardship letter about there being "a number of precedents for�allowing a variance for rear setbacks in cases simila�', staff has not identified a single variance comparable to this request. Staff searched all variance requests and actions for the past 15 years and found none that were comparable to this request. The petitioners request does not meet the statutory definitions of hardship required for granting a variance. Lacking a legally defined hardship, such as unusual topography or lot shape, staff must recommend denial. As staff has indicated, it is quite possibfe and reasonable to develop this site without any variances. With the current proposal, the petitioner would only need to redu� tt�e building for 6 units to meet all the zoning code requirements. 16.05 STIPU ATI[)NS If the Commission we�e to grant this variance request, staff recommends that the following stipulations be attached. 1. Fence be extended along the entire East side of the property. 2. All e%ments of the building must meet the current building code and be approved by the City Building O�cial. � • 3. Concrete curbing placed around parking lot and parfdng isiands. 4. All parking spaces must be setback 20' from the iront yard properfy line. 5. Proposed screening berm on West side of property must meet zoning code requi�ements for height. 6. P�ope� elevations, showing a/I 7 units, must be provided to the City, to ensure that tfre elevations a�e architecturally symmetrical. 7. City will approve alI exterio� materia/s. 8. The use of brick, amount to be approved by City Staff, shall be required to ensure that the building have similar character to nearby buildings. 9. Final landscape plan wi!l meet code �equirements and must be approved by City Staff. 10. Proposed walkway to 6e concrete. 16.06 � CITY OF FRIDC.EY 6431 UNIVERSiTY AVENUE FRIDLEY� MN 55432 (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT VARIANCE APPLICATION FOR: Residential Commercial/lndustrial Signs PROPERTY INFORMATION: - site plan required for submittai, see attached Address: 7 y !/ /�C n � �� s ; � � � -� j� � Property Identification Number. - 3 - 2 --�y -�' o� a � Legal Description: Lot _f�_ @Jock _�_ Tract/Addition o a. o Current Zoning: K 3 Square Re�onlor Varian�ce: �,� . o�� .-�.�.�/ � � ,. 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 ................�. r�..r r.�r.�..r...... r....r.r.......�.r.....r.�.......�..�.�......r...�..o.wr.�......rr....�.�..�. �....�rr.�...�rrr.o.r.�..�.r..r....w.r.►r FEE OWNER INFORMATION (as it appears on the prope�ty title) (Contract purchasers: Fee owners must sign this form prior to processing) NAME: � �,, , f A-c,J r.' (L ADDRESS: - n^ . �(.%v DAYTIME PHONE: �sl- 653 -Yo3,� SIvNATURE/DA : PETITIONER INFORMATION � NAM E: ADDRESS: - U�J G-� DAYTIME PHONE: SIGNATURE/DATE: Section of City Code: FEES • � � Fee: $100.00 for commercial, industrial, or signs: Fee: $60.00 for residec�tial pro�e�ties: Receipt #: _ 2'1 (�, Received By: _ A p plication Number: � Il� G,�, ��;" . Scheduled Appeals Commission Date: � r �� l�� q Scheduled City Council Date: a a 10 Day Application Complete IV��if cati n pate: �� q 60 Day Date: 61�t� � t la�r� - 16.07 � : �: ., a�- �� -� -��.. 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 Stiliwater, 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 DESCR/PTION: Lot 11, Block 1, Melody Manor DATEAND 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 Fridfey Municipal Center, City Council Chambers HEAR/NG: 6431 University Avenue HOW TO 1. You may attend hearings and testify. PART/C/PATE: 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. . SPEC/AL 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 16.08 � APPEALS COMtiiISSION MtNUTES, APRIL 28, 1999 PAGE 4 Nts. Beaulieu agreed. She thougf� it looks nice as well. �,10TION by ��ts. N1au, seconded by D�. Vos, to recommend approvai of Variance Request, VAR n99-04, by Debra Str nd, io reduce the front yard setback from 35 feet to 29 feet to allow the constnlction of a enciosed 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 foilowing stipulation: The property owner shail obtain UPON A VOICE VOTE, ALL VOTING A1 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 Fridiey City Code, to reduce the required rear yard setback from 40 feet to 19.2 feet to ailow the construction of a seven-unit to�vnhome structure on Lot 11, Block 1, Melody titanor, genera(ly located at 7411 University Avenue. MOTiON by titr. Jones, seconded by Ms. Mau, to waive the r2ading of the pubiic hearing notice and to open the public hearing. UPON A VOICE VOTE, ALL `✓OTING AYE, CHAIRPERSON KUECHLE DECLAR�D THE MOT10N CARRIED AND THE PUBLIC HEARING OPEN AT 7:45 P.M. Ntr. 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 p�operty 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 bui(t. In 1964, the City changed the zoning so that only dup(exes 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 16.09 APPEALS COMMISSION MINUTES, APRtL 28, 1999 PAGE S drawn to show the property as R-3. Presumabty this was done to cover the settlement. �n 1988, ther= �,vas a memo in the address fi(e from the City Attomey stating that the propert� s��ou(d 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 rentat condominium project on this site. All seven of these units fit on the site and would not have needed a variance. That project was eventualiy withdrawn. I�lost recently, the City has had a variance and replat request from the petitioner. P�ir• Bolin stated the petitioner indicates in the hardship statement that a more ractangular lot of similar square footage would have been desirabie for a townhouse project like this. Howeve�, the petitioner feels they have adapted and designed an attractive buifding that will nicely fit this apartment-type lot, and at the same time wiil meet the needs and desires of �oth the City and the housing market. titr. Bolin showed photos of the p�operty as it exists today. The site pian shows the seven units. The variance is at the rear lot line. The lower level for the units would have two-car garages. The owne�s cou(d 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. h1r. Bolin reviewed the elevations for the site. �41r. Bolin stated the law defines an undue hardship as 1) The property cannot be p�t to reasonable use if used under the requirements nf 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, wilt not a(ter 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 tt�e statutory definition of a hardship, and it is possibte 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 bui(ding code and be approved by the City Buitding Official. 3. Concrete curbing be placed around parking lot and parking islands. 4• All parlcing spaces must be setback 20 feet from the front yard property line. 5. Proposed screening berm on west side of property must meet zaning code � requirements for height. . � 16.10 APPEALS COti1MiSSION MINUTES, APRIL 28, 1999 PAGE � won't need a dumpster. Each unit wili have a gar�age can with a one-day pick-up each week. ti1r. Jawor stated they have built townhouses before. Tne ideal plan is 24 feet wide. Ar� 18-foot wide unit will not work. 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 actualiy 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 couid 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 townhouse 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 ihose with fuQ 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 buiiding that will be landscaped. There will be plantings and shn�bbery, 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 5as 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 buildab(e soils and do soil corrections. By granting the variance, itl�t is about 1/3 of the soil corrections that they will have to do. This also means less trucks hauling, less tra�c, etc. h�1r. Jawor stated the drainage problem has been addressed. There is a low spot in the back that is actua(ly 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 wi(I 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 fhought they would improve the character of the neighborhood. This has parking lots on three sides of the back ha(f 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. Anofher hardship is the configuration of the lot. These lots, when platted 35 years ago, were designed for the apartinent 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 Iot wou(d have , been desirable. This building is longer and narrower than many apartments. \. 16.12 APPEALS COti1�11SSION ti11NUTES, APRIL 28, 1999 PAGE 8 Mr. tilil(er stated he would like to acidress the definitivn that the property cannot be put to reasonable use. �Vhen the seven-unit building was approved and which met the setbacks, that �,vas a building that had 18-foot wide units, one-car garages, and did not me�t the demands of the market. Their proposai with seven units, 21-feet wide, twacar garages, and actually ailows for 2.7 cars per unit with the off-street parking. This becomes a much nicer project. ��ts. Beaulieu asked, if the Ciry says no, will the petitioner e(iminate one unit or would the project then not be economically feasible? Mr. Jawor stat=d 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 addrzsses 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% reduction in the number units. Those costs have to be spread out over six units that will end up with a 53,000 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 tney 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. ti1r. Kirkham stated he reprzsents 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 apartments 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 peopfe who have sent their chi(dren 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 fe�i their problems would be compounded. They are also concerned about garbage collection, but this has been addressed. 16.13 APPEALS COti1MISSION MINUTES, APRiI 28, 1999 PAGE 9 titr. Kirkham stated they are concemed about a fence. They wouid like it to be a privacy fence. He understands that the City is proposing that there be a six-foot fence that wi(I be the length of the east p�operty line. He did not know that they couid gamer a guarantee that the fence would be maintained by present or future owners in perpetuity. 1�1r. Kirkham stated they are wondering about paricing lot restrictions. Would there be parking in the garages only or woutd there be an overflow of parking that may affect them. Wi(I they be seeing a number of cars and/or boats in the parking lot? The parking area does not seem that big. ti1r. Kirkham stated these are the concerns that the church has. The biggest concem is probably the trespassing issue and also pets. A number of people choose to walk their dogs on their prope�ty and don't bothe� to pick up after them. They have school child�en 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. l�Ar. Kirkham stated pa�t 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 asked that question in case the church has any future expansion plans. If the variance request is approved, they are within 19 feet of that property line. V�lould that restrict this property o�vner from expanding west? There must be a�ertain 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 two open areas, it is kind of odd Ms. Mau stated another concern is restrictions for parking cars in the lot and boats. They are proposing two-car garages that wou(d eliminate some of the problem. She be(ieved the issue of boats would be treated the same as any other resident under the 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 necessari(y be attributed to the people from those properties. He thought there would 16.14 - _ ;� �. APPEALS COb1l�iISS10N MINUTES. APRIL 28. 1999 PAGE 10 be a problem whether anything is there or not. The issue of drainage has been stated as being resoived, but it is not cfear to him just how this has been reso(ved. In ail fairness to them, it seems that everyone has been benefiting from that property being vacant by using that as their drainage. ti1r. Jones asked if there are parks in that area or places for kids to go. Dr. Vos stated there is a park on 73rd but that is about one mile away. ��tr. titiller 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 wilt guests parlc? Mr. Jawor stated guests could parlc by the garage. There are spaces on each end in order to walk to the front entrance. For parking, there is a twacar garage, space for two cars in front of the garage, and five extra spaces. tits. 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 fenc:e, six feet ta(I, which rUns across the back of the property. The fence is not a concem. Maintenance of the fence will be part of the townhome association byla��vs. 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 fa�ther 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 occuRed 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 (ook at. That would solve the problems as far as space. He did not know if townhome situations allowed for paricing 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 i� 16.15 AFPEALS COMMISSION MINUTES. APRIL 28, lggg PAGE il Mr. Schreiner stated it is obvious that the lot is too smali for what they are planning. He understands this invoives a change from R-2 to R•3. He wouid recommend the zoning remain R-2. He is concemed about traffic. Which way wiil the cars be leaving the area and where they will be going? On Symphony Street, they have a prob(em with traffic. The area F�as only a few exits. What are the square footage of the units?. (f they are too small, peopfe tend to store their be(ongings in the garage and park outside anyway. Mr. Jawor statzd 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. Tra�c comes out on the service road. The site has one driveway. Dr. Vos stated the exits for the_apa�tment 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 tF►e price will be approximately �110,000 to �120,000. Ntr. Hansen stated he is the o�vner of the apartment building to the north of the site. It is inevitable that something 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 ha� a lar�e parking lo#. 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. (f 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 liabi(ity 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 putled 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 DeparEment has approved the storm ponding calculations and the drainage plan. One requirement is that, when doing storm water �_ calculations for drainage ponds, you have to talce into account the surrounding 16.16 APPEA�S COMMISSION N1INUTES, 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 bette� if a stipulation was included that this meets the pians approved by the Engineering Department. titOTION 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 woulrt be something that would help the City size-wise as well as the design. He was impressed that the property owne� to the east came and discussed the concerns and the property owner to the no�th came and expressed support. With the major property owners in favor, he could vote for approval with the stipulations. N1s. 6eaulieu agreed. If there is extra expense involved with this property because it has been vacant and used for dumping so there are extra soi( 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 expense with the extra unit. She changed her mind when she heard all the different situations. She would vote in favor of the request. Ms. I�tau 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 concems 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 e�ctra 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 (ot. 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 wou(d feel comfortab(e with changing tfiat 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 �� 16.17 APPEALS COMMlSSION MINUTES, APRIL 28, 1999 PAGE I3 are both comfortable with. He befieved that the petitioner is willing to work with staff and understands the concem that ti�ey are not boxed in with an entire(y brick buitding. He would recommend approval. Dr. Vos asked how staff sees stipulation 7 and stipulation 8 as different. titr. 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 part of the buiiding. The other stipulation refers to other materials that are used other than brick. Dr. Vos asked if they needed stipulation 6. titr. Bolin stated when the packet was put together, staff did not have any efevations. The elevations have now been submitted. Mr. Kuechle stated that if the petitioner is comfortabie with it, he has no objection to leaving it in. Ms. tilau 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 there. Ms. Beaulieu stated this property is the one that is reque�ting the variance. ti10TION 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 cuRent building code and be approved by the City Building Official. 3. Concrete curbing be placed around parking lot and pa�king 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 efevations, showing al( seven units, must be provided to the City, to ensure that the elevations are architecturally symmetrica(. 7. 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 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 u on Ci a -- �� p ty pproval of the replat and rezoning reques4. �. 16.18 APPEALS COMMISSION ti11NUTES. APRtI. 28. 1999 PAGE 1� 12. Grading and drainage plans shall be approved. UPON A VO(CE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DE�LAR�D THE MOTION CARRIED UNANIIMOUSLY. Mr. Bolin stated the City Council would consider this �equest on titay 10. 3. UPDATE ON PLANNING COMMISSION AND CITY COUNC(L ACTIOPJS: ti1r. Bolin provided an update on Planning Commission and City Council actions. ADJOURNMENT: tit TION by Ms. Beaulieu, seconded by Mr. Jones. to adjoum the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DE��RED THE MOT10N CARRIED AND THE APRIL 28, 1999, APPEALS COMMISSI�r�9 MEETING ADJOURNED AT 8:53 P.M. Respectfully submitted, � GI�G^��-*-� ��ci Lavonn Cooper � � Recording Secretary 16R19 Planning Division Memorandum Date: 6/7/99 �1�/ �J To: William Bums, Ciiy Manager �� From:Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Paul Bolin, Planning Assistant RE: Continued action on P.S. #99-02 M-99-144 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. This item was not acted upon due to the fact that it is contingent upon approval of the variance request. 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 RECOMMENDATION 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 (20'8")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: 17.01 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 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 yarti 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 ptat 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. 17.02 City of Fridley Land Use Application . PS-99-02 May 5, 1999 GEr`ERt1L INFOR�r1ATION SPECIAL INFORMATIOY _ , Applicant: Timothy Jawor 9175 107`� St. N. Stillwater, vN 5�082 Requested Action: Replat of property to accommodate a 7 unit townhome development. Existin; Zonin�: _ 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 .� 1 acres Existin� Land Use: Vacant. Surrounding Land Use & Zoning: ' N: Apt. Complex & R-2 E: Church & R-1 S: Apt. Complex & R-2 W: HWY 6� & G2 Comprehensive Plan Conformance: Use of properiy is consistent with Plan. Zoning Ordinance Conformance: Multiple dwelling complexes, including rental and condvminium 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 obtai.n his ori?inal building permit. Settlement reached allowing R-3 standards to be applied to property. • 1986 - Zorung maps acciaentairy arawn 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 1 l, Block 1, Melody Manor Council Action: May 10, 1999 Public Utilities: Located neaz property. Transportation: Town homes will be accessed by the University Avenue service road. Physical Characteristics: Relatively flat, grass covered lot. SUNIVIARY OF REQUEST Tim Jawor is seeking to create 8 sepazate lots from Lot 11, Block 1, Melody Manor, in order to construct a 7 unit owner occupied townhome complex. SiJ11�I1�iARY OF ANALYSIS City Staff recommends denial of this plat request. • Staff recommended denial of the rear yazd setback variance because no comparabl� variances had been granted, the request did not meet statutory definitions of hardship, and it is possible to develop site without variance. • Proposed layout does not provide enough � green / open space. Staff Report Prepared by: Paul Bolin 17.03 . .. � � 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 repiat is necessary because the units will be individually owned. The proposal inciudes 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 Aprii 28`" meeting, the Appeals Commission voted to recommend approvai 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 Classification Though this property has been incorrectly displayed on the City's zoning maps-since 1986, this prop�rty 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 aliow 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 tonger 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 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 reached allowing R-3 standards to be applied to property. � � 17.04 • 1986 - Zoning maps accidentaliy show the property as R-3. • 1988 - City attomey memo stated that property should be rezoned to R-3, however, this action has never been processed. • 1994 - Proposal for 7 unit rentai condominium project, which met ali code requirements, is withdrawn. • 1999 - Variance 8� 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 this plat request as presented. As staff has indicated, it is quite possible and reasonable to develop this site with�out any variances. With the cuRent 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 contribute to the condition of crowding in the neighborhood. �TIPULATIONS If the Planning Commission were to grant this Plat request, staff recommends that the following stipulations be attached. 9. Fence be extended along the enfire East side of the property. 2. All elemenfs of the building must meet fhe currenf building code and be approved by the City Building Official. 3. Concrete curbing placed around parking lot and parking islands. 17.05 4. AlI parking spaces must be setback 20' from the front yard property line. 5. Proposed screening berm on West side of property must meet zoning code requirements for height. 6. Prope� elevations, showing all 7 units, must be provided to the City, to ensure that the e%vations are architecturally symmetrical. 7. City wil! approve all exferior materials. 8. The use of brick, amount to be approved by City Staff, shall be required to ensure that the building have similar characte� to nea�by buildings. 9. Final landscape plan will meet code requirements and must be approved by City Staff. 10. Proposed walkway to be concrete. 11. Plaf approval is conditional upon City Council approval of the variance & rezoning requests. _ 12. A 12' utilify and drainage easement to be granted along entire eastem edge of property. 13. A 10' utilify and drainage easement to be granted along enti�e southem edge of properfy. 14. Storm pond maintenance agreement to be filed with the City p�or to issuance of a building permit. 15. Comply with al/ state regulations regarding townhome associations. 16. Park dedication i`ee of $750 / unit to be paid prior to issuance of a building permit. 17.06 i' L Planning Commission and Ciry CounciY City of Fridley April 5. 1999 Dear Commissioners and Co�mcil Members, As you know, this lot has a history of zoning problems. tt was originally configured and platted to contain a multi-unit apartment building such as the t 1 and 1? 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 [he Ciry. The settlement, as [ understand it, was that the City wou(d allow up to l2 uniu to be built on this lot. After [ purchased this tot [ spoke with Scott Hickok of the Fridtey planning deparnnrnt to discuss options for the development of this loE. Mr. Hickok talked about the past problems with this tot and indicaced 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 Ciry had a real need for moderate priced, single family, owner occupied townhouse �mits. He gave me a copy of a site plan that had been submitted and, [ betieve, approved by the Ciry a few years ago. The site plan he gave me had 7 townhouse uniu, the same number as our proposal, but each unit was only l8' wide. Our usuat unit is 24' wide and includes a 2-car garage for each unit. ,Ltr. Hickok liked the idea of a 2-car garage for each unit, especially since the neighboring apartrnent buildings have no garage space and all parking is outdoors. He felt these 2-car garages wauld make foc a neater, more attractive development. We went to work and tried to combine the best elemenu of the 18' ptan with our 2�' p�an. We oried to produce a 2-3 bedroom, 2 bath, attractive and marketable townhouse unit that included a 2-car garage. We fu�aity rame up with the plan we are now proposing. Because these units are to be marlceted as single-family tQ�vnhouse and not as apartments or apartment-rype condominivxns, the units cannot be stacked on top of each other. Also, because the lot was originally configured to have back-to-back and stacked �mit apartment buildings with outdoor parking and no �arrages, we had to use a great deal of lot square footage to design a driveway which would feed each garage and provide outdoor guest parking (2.� outdoor spaces/unit). While we are considerably below the densiry allowed for this lot and actually contained on the two neighboring (ou, our resulting townhouse footprint does encroach on the rear setback (the side toward the church). The ci ordinance r uires 25%of the lot depth for the rear setback with a 25' minim�an and 40' ty �9 maximum. Our proposal is for a?�r�e�ar setback. Since there is an apartrnent building parking lot on eitha side of the rear setback area and a large church parking lot behind this area, we feel the neighborhood impact will be minimal. I believe there are also a numbec of precedents for altowing a variance for rear setbacks in c�ses 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 are not back-to-back apartment-type units. These BTeater side setbacks make for very attractive landscaped elevations. A more rectangular lot of similar 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 considerati� of this proje�t: 'T�rc6thy P. Jawor Lot owner and Developec 17■07 April 12, 1999 Mr. Tim Jawor 9175 107�' St. N Stillwater, MN 55082 Dear Mr. Jawor: Per Minnesota Statute 15.99, local govemment units are required to notify land use applicants within 10 days if their land use applications are complete. We received appfications for a variance and subdivision request on April 2, 1999. This letter serves to info�m 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 the 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 mus� be designated on the plans. • A landscape plan shall be submitted prior to the issuance of a building permit. �� planting schedule shown on your plans do not meet the code requirements for 17.08 landscaping. A fuli 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 po�tion 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. You� 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. Yo�ir 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 Coordi�ator PB C-99-77 Paul Bolin Planning Assistant 17.09 ;� 1 0 (f� o u W r� < vi o �z a � z � O ►- f -- Q � y y. / /1 W L� � � p .Z � 4 � J `` O J W Q > ¢ L� = a (� u � > x 4 0 c� � �� _ �� c _y n �2 �� J 3j �� . �#: � � � t .� 1 s r � _' I;�C ;�„"d� ........ � �sf� ��; �j � �€;"j`SS. ,� � # � 'e � s�lF 2:�t �J_ ........ } � J31�Sl�3 �� t �� t � ' �-----�_--`-�-;_ ! .------};- _— —e'b�r'ti—� � � _ - ✓ i -=_�_ .� 1_^_°.r'_ _-T�� -,i�� . `' �� i i � `° /' •.. t:J . '�� i ,; h , , •._ :�i �.� � 1 ... .. � . i j � ,� ' 'o — i 1 � •.. � � i' \ � ��— / \ • . 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Z�:� ��- -i I ° I � � � I � a��] I f I .. > s I ` �Y I <� ' f - �� = � o— __ .. .- -- — � LL� W o � 4� l. .__ � �i; � � �-- ---- � � �' � � �i i ° . � ( . , i -----? ` - - • - , �� ' I � I . � � . - - -- -- - � � ��.. � . � I � I � L.--- - < �� c . � � � � " � _ � ' _ • . . �' � � �9 G „'S-�. "L ' � �-- - • -' -� ' , � —.3•;Y'- !— .o-,�� -':II'ac�'�,T:'-- -� _•--'._.- i '---- •,� _ � _ �_ I '_ —'._� �� I �_ _ I I • I � � � � �_ � _-011 . �_ � �� _ � •' � N( !/�'%� t � 7'�C S�'�c � �� 17. �t 3 . ,�, 0 0 Pianning Division Memorandum Date: 6/10/99 � To: William Bums, City Manager� From:Barbara Dacy, Community Development Director Scott Hickok, Planning Coorrfinator Paul Bolin, Planning Assistant RE: First reading of ZOA #99-02 M-99- i NTRODUCTION City staff has initiated a rezoning of Lot 11, Btock 1, Melody Manor, ftom a R-2 zoning district to a R-3 zoning district. PLANNING COMMISSION ACTION At the June 2, 1999 Planning Commission meeting, a public hearing was held for ZOA 99-02. After reviewing the proposal, a motion was made to recommend approval of the rezoning request. The motion passed unanimously. PLANNING STAFF RECOMMFNDATION City staff recommends that the City Council hold the first reading of the ordinance to rezone the property. 18.01 ORDINANCE NO. ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS SECTION 1. Appendix D of the City Code of Fridiey is amended hereinafter indicated. SECTION 2. The tract or area within the County of Anoka and the City of Fridley and described as: Lot 11, Block 1, Melody Manor, as recorded at the office of•the Anoka County Recorder, generally located at 7411 University Avenue. SECTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or area to be rezoned from Zoned District R-2, Two Family Dwelling to R-3, General Multiple Family Dwelling. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1999. ATTEST: DEBRA A. SKOGEN - CITY CLERK Public Hearing: June 14, 1999 First Reading: June 14, 1999 Second Reading: Publication: 18.02 NANCY J. JORGENSON - MAYOR DATE: June 7, 1999 MEMORANDUM PLANNING DIVISION TO: William W. Burns, City Manager � I° _ L� FROM: Barbara Dacy, Community Development Director Scott J. Hickok, Planning Coordinator Paul Bolin, Planner RE: Holiday Special Use Permit INTRODUCTION The purpose of this item is to complete the legislative actions required related to the reconsideration of Special Use Permit, SP# 99-01, for a motor fuel sales and a car wash establishment and to terminate previously granted, SP# 75-28, for . motor fuel sales. This property is located at 5695 Hackmann Avenue. ATTORNEY'S RECOMMENDATION FOR CLARIFICATION OF THE RECORD The City Attorney suggests that the City clarify the record by holding a public hearing to review special use permit, SP # 99-01, as provided for in State Statute. Further, the City Attorney recommends that the City Council also review the original SP # 75-28 special use permit for motor fuel sales. STAFF RECOMMENDATION Staff recommends that the City Council approve SP # 99-01 with the following stipulations, and terminate SP # 75-28. This approval will clarify the record and shall include the following stipulations (note: stipulations related to the �ar wash have been removed): 1. This special use permit shall be subject to annual review, with emphasis on housekeeping, etc. (SP # 75-28) . 19.01 William W. Burns June 9,1999 PAGE 2 3. When a new building permit is requested (beyond that for the facilitv �roposed at this time) for either major remodeling e#-�#e or to construct a new t r service station, this Special Use Permit shall be reviewed. (SP # 75-28) 4. A fence along the east and south property line shall be replaced with a residential type fence, to be approved by staff prior to issuance of a building permit. (SP #75-28) a:— , , , , �d-s#�t�s: (SP # 99-01) 6. 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. (SP # 99-01) 7. The parking Icat must be lined with a concrete curb. (SP # 99-�1) 8. Adequate parking shall meet code requirements, including one handicap space, be provided on-site. (SP # 99-01) 9. No off-site employee parking shall be allowed along Hackmann Avenue or the service road. (SP # 99-01) 10. Final drainage, landscaping, and irrigation plans shall be submitted with building permit application. (SP # 99-01) 11. The petitioner shall execute a storm pond maintenance agreement, requiring petitioner to maintain the storm pond. (SP # 99-01) � 12. The canopy over gas pumps shall have recessed, shielded, downcast lighting so as to be less intrusive on neighboring properties and canopy faces shall not be internally lit. (SP # 99-01) 13. 9-F�V�-(SP # 99-01) 14.Tanks and ventilation shall be located so as to limit gasoline fumes off premises. Tank and vent location shall be approved by staff prior to issuance of a building permit. (SP # 99-01) 19.02 William W. Burns June 9,1999 PAGE 3 15. . (SP # 99-01) 16.Intercom volume shall be set so intercom messages do not carry beyond property. (SP # 99-01) 17.Informational signage shall be placed on-site reminding Holiday customers that they are in a residential area and requesting they keep radios turned down so impact does not carry onto neighboring properties. (SP # 99-01) 18.The petitioner shall comply with all outdoor sales provisions of Chapter 205 of the City Code. (SP # 93-01) 19.The petitioner shall comply with all outdoor storage requirements. (SP # 99- 01) 20.The petitioner shall install underground irrigation for the landscape areas surrounding the station store. (SP # 99-01) 21.A11 signs shall be reviewed by staff to assure compliance with Chapter 214 of the City Code. (SP # 99-01) 22.A11 building elevations shall be reviewed by staff to ensure the design and rr�aterials used, shall architecturally integrate with the surrounding neighborhood. (SP # 99-01) 19.03 TO: Bill Bums, City Manager c�� FROM: Rick Pnbyl, Finance Director Deb Skogen, City Clerk gE; Relocation of Cash N-Pawn DATE: June 9,1999 S�ff r�eived a ietter from Cash N-Pawn, A�� reg�g �e rel°cation of their business to another site. Their lease at tlieu' ��uT�°t s�te at 5807 Univeisity Avenue NE is expirin8 October 31,1999. The lessor, Holiday Stations, has entered into an a�eme�t to sell this building to the City of Fridley, or an agency thereof, which has plans that do not include them to staY• , Cash N Pawn has entered into a te°-yea�' le�Se "'+�� L� �Op�' Holdings, LI-C for the lease of 5,000 square feet in a building to be constructed at 57 s loolcin fo some�a su ance fi�om the City of west of the Goodyear Service Center. The developer S Fridley authorizin8 them to relocate to this location. Cash N Pawn has previously discussed these pl� �� e City Clerk and the City Plannine . Department to detesrmine whether or not they could relocate to that �addres�s. Fridl�es Cg Code� specific and the relocation would require them to fill out a new app Y tY Section 31.06, Subd. 4, would allow the City Council to approve �� a�n��t license for the relocation of the premises• 'The City Planning DeP proposed site does qualify under the zoning recluirements. Staffrecommends a motion by the City Council giving preliminatY aPProval o�f an amendment to the 1999-2000 Pawu License relocating the business to the proposed site at 57 Avenue NE and Main Stree� � - •6 , . ,.l ..",r : �h.r'.. , .r , . 20.01 ' '. ,. .�' �r/v4 t / �f�. : i�1!*.�t� •,i7�-�� -' , .;t.�, :q �?3�. , ' iT;'•� ' ' , ' � t.!�.. , . i�= . .>.E � ;. CASH—N—PAWN N0.653 P.2i3 �''.��H N.Paw.�z 1000 Shelard Parkway, Ste. 405 • Minneapolis • MN 55426 •(812) 525-0854 • FAX (612) 525-1073 Yia Fax and Mail J�e 8, 1999 Ms. Deb Skog�en City of Fridley P.ridley Mwuoipal C�nter 643 ] Univetsity Ave. N.E. Fridley, MN 55432 Deaz Ms. Skogen: Cash-N,Pawa (CNP) has operated a pawnshop in Fridley at 5807 University Ave. N'.L., for almost five years. Our five-year lease at this site is expiring a,nd the lessor, Holida.y 3tations, has entered into an agreemem to sell this building to the City of Fridley or an agency ther�of which has plans th$t don't allow for us to stay there. We have until October 3 l, I 999 to vacate the current premises. CNl° has �acecuted a ten yeaz lease �reement with Linn properiy Holdings, LLC for the lease of 5,000 square feet in a building to be consiructed at 57`� Avenue N.E. and Main Street N.E,, immediately west of th� Goodyear Service Center. The terms of the lease agree;ment providc for the construction to be completed on or about October 1, 1999 so that we will be able to finish the interior and be moved and open at th,e new site by November 1, 1999. W'e have previousIy discussed these plans with you and with the Caty Pianning Depar�ment which informed us that we qualified under the zoning requiremeuts for the proposed site. We now formally ret�uest that we receive documented permission to move forward and start the process of obt�ining the necessary licensi.ng approvals to effectuate this move of our existing busiuess, �evhether this reqtures a new license or merely a tiansfer of our existing license. The Linn Companies, the developer o£the proposed site, needs some assurance to facilitate the const�uction. CNP has a five-year operating record of cooperation with the City and has operated in full compliance vvith all rules and regulations. I believe that the Police Department has found us to be fu11y cooperative and obedient to all the rules aIId regulations applicable to pawn shops. We intend to continue to be good business citize,ns in the communit�,. Vye look fon�vard to the signi.ficant upgrade in the appearance of our store that will be feasi�l� at the new site but was not under the short-term nature of the old store site.� � 20.02 �� i JUN. 8.1999 2�10PM CASH-N-PAWN N0.653 P.3i3 CNP is a Minnesota corporaztion with apgroximately 150 investors most of whom are Twin Cities residents. CNP operated ten stores in three states and!had gross revenues of almost $9,000,000 in calendar year 1998. CNI' is in the process of preparing to open its sixih stare in the T�vin Cities, which will be located in South Minneapolis. Please note that we will not be dealing in firearms in any maaner and that we have had a very small percemage of stolen property (less than one half of one percent of total items) swrface at our store. All items are reported to the Police department in detail on a curretrt basis and that coupled with identificarion requirements is a substantial detesrent to an3' stolen goods coming into the store. Please feel &ee tq call me with aay questions that you may have. Thank you for your consideratioa � Sinc y, � � . '�;,--� Alan L. cross . Chief Financial Officer 20.03 � � FRIDLEY CITY COUNCIL MEETING OF �oF JUNE 14, 1999 FRIDLEY � � CITY COUNCIL MEETING OF JUNE 14, 1999 CffY OF FRIDLEY INFORII�AL STATUS REPORTS 22.01