07/11/2005 - 6079ti
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CffY OF
FR{DLEY
FRIDLEY CITY COUNCIL MEETING
OF JULY 11, 2005
7:30 p.m. - City Council Chambers
Attendance Sheet
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� CITY COUNCIL MEETING OF JULY 11, 2005
CffY OF
FRIDLEY
The City of Fridley will not discriminate against or harass anyone in the admission or access to, or
treatment, or employment in its services, programs, or activities because of race, color, creed, religion,
national origin, sex, disability, age, marital status, sexual orientation or status with regard to public
assistance. Upon request, accommodation will be provided to allow individuals with disabilities to
participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an
interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at
572-3500 at least one week in advance. (TTD/572-3534)
PLEDGE OF ALLEGIANCE.
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS:
1. First Reading of an Ordinance Recodifying the
Fridley City Code by Amending Appendix F to
Provide for the Adjustment of Salaries for the
Mayor and Councilmembers in Accordance with
Section 2.07 of the Charter of the City of
Fridley....................................................................................................... 1 - 2
2. Resolution Ordering Preliminary Plans,
Specifications and Estimates of the Costs
Thereof: Neighborhood Street Improvement
Project No. ST. 2005 — 3 ................................................................................... 3- 4
3. Approve School Resource Officer Service
Agreement Between the City of Fridley and
Fridley School District No. 14 ............................................................................ 5- 7
FRIDLEY CITY COUNCIL MEETING OF JULY 11, 2005 PAGE 2
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED):
4. Motion to Authorize Staff to Inform Time Warner
Cable of the Need for a Public Hearing to be Held
on August 8, 2005, to Consider the Proposed
Transfer of Control of the Cable Television Franchise
from Time Warner Cable to Comcast Cable
Communications, LLC, and to Determine Whether
the Proposed Transfer may have an Adverse Effect
on Cable Television Subscribers ....................................................................... 8- 11
5. Claims ....................................................................................................... 12
6. Licenses ....................................................................................................... 13 - 15
7. Estimates ....................................................................................................... 16
ADOPTION OF AGENDA.
OPEN FORUM (VISITORS): Consideration of Items
not on Agenda — 15 Minutes
OLD BUSINESS:
8. Second Reading of an Ordinance Approving a
Rezoning, ZOA #05-02, From C-1, Local
Business, C-2, General Business, and R-1,
Single Family Residential, to S-2,
Redevelopment District, for Property
Located on Lots 15-19, Spring Valley,
Generally Located at the Corner of Mississippi
Street and Old Central, Fridley, Minnesota
(By Family Lifestyle Development Corporation)
(Ward 2) ....................................................................................................... 17 - 21
FRIDLEY CITY COUNCIL MEETING OF JULY 11, 2005 PAGE 3
NEW BUSINESS:
9. Variance Request, VAR #05-10, by United
Defense, to Allow Two Free-Standing Signs,
for a Total of 160 Square Feet, Generally
Located at 4800 East River Road N. E.
(Ward 3) ....................................................................................................... 22 - 31
10. Variance Request, VAR #05-11, by The Velmeir
Companies on behalf of CVS Pharmacies,
to Reduce the Rear Yard Setback from 40 Feet
to 26 Feet to Allow the Construction of a
CVS Pharmacy, and to Decrease the Required
Parking from 86 Stalls to 75 Stalls, Generally
Located at 5696 University Avenue N.E.
(Ward 3) ...................................................................................................... 32 - 43
11. Award Design Contract to Bonestroo Rosene
Anderlik & Associates for the Locke Park
Filter Plant Improvement Project No.
364 ....................................................................................................... 44 - 46
12. Motion to Approve the Creation of a Rain Garden
Infiltration Basin in Jay Park, Generally Located
at 6520 Second Street N. E. (Ward 3) ................................................................ 47 - 55
13. Informal Status Reports ..................................................................................... 56
ADJOURN.
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CffY OF
FRIDLEY
TO:
FROM:
DATE:
SUBJECT:
AGENDA ITEM
CITY COUNCIL MEETING OF JULY 11, 2005
William W. Burns, City Manager
Deborah K. Dahl, Human Resources Director
July 7, 2005
2006 Council Salaries
Attached for first reading is an ordinance to increase Council salaries by three percent (3%)
effective January 1, 2006. The ordinance was prepared pursuant to Chapter 2.07 of the Fridley
City Charter. The annual salaries for the Mayor and Councilmembers during 2006 shall be as
follows:
Mayor: $ 9,926.07
Councilmember-at-Large: $ 8,153.16
Councilmember, Ward I: $ 7,208.17
Councilmember, Ward II: $ 7,208.17
Councilmember, Ward III: $ 7,208.17
Staff recommends Council's approval of the first reading of this ordinance.
Attachment
ORDINANCE NO.
AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE BY
AMENDING APPENDIX F TO PROVIDE FOR THE ADJUSTMENT
OF SALARIES FOR THE MAYOR AND COUNCILMEMBERS IN
ACCORDANCE WITH SECTION 2.07 OF THE CHARTER OF THE
CITY OF FRIDLEY
The City Council of the City of Fridley does hereby ordain as follows:
The annual salaries for the Mayor and Councilmembers during 2006 and subsequent years shall be as
follows:
Mayor $9,926.07
Councilmember-at-Large $8,153.16
Councilmember, Ward I $7,208.17
Councilmember, Ward II $7,208.17
Councilmember, Ward III $7,208.17
In addition, the Mayor and Councilmembers shall be entitled to the same benefits enjoyed by full-time
authorized employees of the City of Fridley.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY
OF . 2005.
SCOTT J. LUND - MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
First Reading:
Second Reading:
Publication:
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CffY OF
FRIDLEY
T�:
FROM:
DATE:
SUBJECT:
AGENDA ITEM
CITY COUNCIL MEETING OF JULY 11, 2005
William W. Burns, City Manager
Jon Fi. Fiaukaas, Public Works Director
July 5, 2005
ST 2005-3: 73-1/2 Avenue Street Improvement
PW05-040
With the approval of the Van Auken plat on 73-1/2 Ave, a new cul-de-sac will be constructed.
As the western most portion of that street was to be reconstructed within the next three years
as part of our Capital Improvement Program, the City Council wished to move that part up and
construct it all at one time to minimize disruption to the neighborhood.
The attached resolution orders the preliminary plans and specifications and a preliminary
estimate of costs for the reconstruction and extension of the west end of 73-1/2 Avenue.
Recommend the City Council adopt the attached resolution ordering the preliminary plans,
specifications and estimates for the 73-1/2 Avenue Street Improvement project.
Jtiti:cz
Attachment
RESOLUTION NO. 2005 -
RESOLUTION ORDERING PRELIMINARY PLANS, SPECIFICATIONS AND
ESTIMATES OF THE COSTS THEREOF: NEIGHBORHOOD STREET IMPROVEMENT
PROJECT NO. ST. 2005 - 3
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley as
follows:
1. That it appears in the interests of the City and of the property owners
affected that there be constructed certain improvements to-wit:
Street improvements, including grading, stabilized base, hot-mix bituminous
mat, concrete curb and gutter, water and sanitary sewer repairs, storm sewer
system, landscaping, and other facilities located as follows:
73 l� Avenue NE: 200 ft west of Pinetree Lane to 560 ft west of
Pinetree Lane
That the work involved in said improvements listed above shall hereafter be
designated as: NEIGHBORHOOD STREET IMPROVEMENT PROJECT NO. ST. 2005-2.
2. That the Public Works Director, Jon H. Haukaas, City of Fridley, MN, is
hereby authorized and directed to draw the preliminary plans and
specifications and to tabulate the results of his estimates of the costs of
said improvements, including expenses incurred (or to be incurred) in
connection therewith, or the financing thereof, and to make a preliminary
report of his findings stating therein whether said improvements are
feasible and whether they can best be made as proposed, or in connection
with some other improvements (and the estimated cost as recommended),
including also a description of the lands or area as may receive benefits
therefrom and as may be proposed to be assessed.
3. That said feasibility report of the Public Works Director shall be
furnished to the City Council.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS llth DAY
OF JULY 2005.
SCOTT J. LUND - MAYOR
ATTESTED:
DEBRA A. SKOGEN - CITY CLERK
� AGENDA ITEM
� CITY COUNCIL MEETING OF JULY 11, 2005
CffY OF
FRIDLEY
To: William W. Burns, City Manager
From: Captain Brian Weierke
Date: 07-08-05
Re: School Resource Officer Contract
In 2004, the City of Fridley and the Fridley School District began a formalized approach with
the School Resource Officer Program by implementing a School Resource Officer contract.
The contract is an agreement in writing of the duties, funding, and obligations for the School
Resource Officers. For the upcoming 2005-2006 school year, the Fridley Police Department
has committed to furnish two police officers to Fridley Independent School District #14. One
will be assigned to the Fridley High School and the other will be assigned to the Fridley
Middle School.
Recently, I met with school officials about my concerns on changes that needed to be made
for the 2005-2006 school year. The 2005-2006 contract is attached and was signed by Public
Safety Director pon Abbott and School Superintendent Mark Robertson. The only change to
the new contract is the funding required for the two School Resource Officers increased for
the school district. In 2004-2005, the amount for one-half of the two School Resource
Officers was $53,438.78. In 2005-2006, the amount will be $60,778.98, a$7,340.20 increase.
The majority of the increase was due to wage increases, FLSA overtime requirements, and an
increase in health care coverage.
This contract was read and approved by Fridley City Attorney Fritz Knaak, as this year's
contract language has not changed, except for the salaries and benefits for the officers.
While the School District is paying for one-half of the officers assigned to the schools, the
Public Safety Director maintains control over the officers' assignments and duties. The term
of the contract is from September until June and is renewable yearly. The City of Fridley and
the School District may exercise a 30-day cancellation agreement at any time.
Staff recommends City Council approval of the School Resource Officer contract.
Captain Brian Weierke
SCHOOL RESOURCE OFFICER
CITY OF FRIDLEY / FRIDLEY SCHOOL DISTRICT #14
SERVICE AGREEMENT
This agreement is made this day of , 2005, pursuant to M. S. 471.59
by and between the City of Fridley (City) and Independent School District #14 (School
District).
1. PURPOSE The City of Fridley and the Fridley School District wish to
participate in a School Resource Officer Program. Both the City and the
School District agree that a more formalized approach to the School Resource
Officer Program is needed to improve understanding and promote mutual
respect between police, school, staff, counselors, parents and students. The
purpose of this Agreement is to set forth in writing the terms and conditions of
the mutual duties and obligations and to create, fund and implement the
position of School Resource Officer (SRO).
2. FUNDING The School District will fund the following expenses in
connection with the School Resource Officer (SRO):
The School District will fund one-half of the salaries and benefits for
two SRO's during the school year, totaling $60,778.98 for the 2005-
06 school year. This amount shall be based on the two, assigned
officer's salaries and benefits per month for the 4 months in 2005
(September-December) and 5 months in 2006 (January-May). The
School District officials and the Fridley Public Safety Director shall
determine the specific days/hours to be worked under this
agreement.
3. SERVICES This City shall provide the services of two licensed police
officers and related support services and supplies to assist the School District
in establishing a School Resource Officers Program. The officer's will have
primary responsibility in serving as a resource person to faculty, classroom
members and school administrators in the promoting of positive juvenile
behavior. The School District agrees to provide adequate office space,
telephone and other reasonable clerical support services. Basic assignments
will include one officer at each the High School and Middle School with
occasional support at other facilities as needed.
4. PAYMENT The City shall provide billing to the School District for services
provided in this Agreement, and the School District will remit payment to the
City on a quarterly basis.
5. TERM this Agreement shall commence on the 6�' day of September, 2005,
and shall end on the last day of school. Thereafter, it shall be renewed on a
yearly basis by mutual agreement. Either party may cancel this Agreement
with a 30 day written notice.
6. GENERAL PROVISIONS It is expressly agreed that the School Resource
Officer is a City employee and shall not be considered an employee of the
School District for any purpose including but not limited to salaries, wages,
other compensations or fringe benefits, Worker's Compensation,
Unemployment Compensation, P.E.R.A., Social Security, Liability Insurance,
keeping of personnel records, termination of employment, individual contracts
or other contractual rights. The City shall assume all liability for the actions
taken by the SRO in the performance of his/her duties as a Peace Officer. The
SRO will report to and be directed by the Fridley Public Safety Director or his
designee, but will receive general and daily direction from the assigned school
building administrator. Representatives of the School District and the Public
Safety Director or his designee shall negotiate resolution of unforeseen
problems arising in this program.
7. SCHEDULING The duty hours of the SRO are flexible and will be primarily
coordinated with the school day and activities. The SRO will make daily
contact with the Police Department for the purpose of keeping abreast of
incident reports and other City activity. The SRO may be required to conduct
juvenile investigations. Anytixne an SRO must take a day off or schedules
vacation during the school year, he/she will coordinate school coverage with
the other SRO. SRO's will attempt to refrain from taking time off at the same
time. During non-school periods, the City will determine the SRO duties and
schedule.
8. DISCRIMINATION The City and the School District agree not to
discriminate in providing services under this Agreement on the basis of race,
sex, creed, national origin, age or religion.
IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS
AGREEMENT ON THIS date:
City of Fridley
Scott. J. Lund, Mayor
� `` , %-�Z� y G�r'�.
:�
Donovan W. Abbott
Public Safety Director
Fridley School District #14
�%7� �'���7�r---
Mark Robertson, Superintendent
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CRY OF
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF JULY 11, 2005
TO: The Honorable Mayor and City Council
FROM: William W. Burns, City Manager �, �
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DATE:
f:i�A
July 7, 2005
Transfer of Control of City's Cable Television Franchise
On June 15, 2005, we received Federal Communications Commission Form 394. The form is
Time Warner's application seeking consent to the proposed transfer of control of the City's
cable television franchise to Comcast.
According to legal counsel, we have two choices. We can approve the transfer without a
public hearing by July 15. Alternatively, we can elect to have a public hearing and decide on
the transfer by October 15 (120 days from the date of receipt of Form 394).
Staff recommends that Council establish a public hearing for the transfer on August 8, 2005.
Attachments
E��
MOTION TO CALL PUBLIC HEARING
I hereby make a motion to authorize staff to inform Time Warner of the need for a public hearing
to be held on August 8, 2005, to consider the proposed transfer of control of the cable television
franchise from Time Warner Cable to Comcast Cable Communications, LLC, and to determine
whether the proposed transfer may have an adverse effect on cable television subscribers.
�sso9s�i
BRIAN T. GROGAN
612.347.0340
GroganB@moss-barnett.com
VIA EMAIL AND U. S. MAIL
July 6, 2005
Frederic W. Knaak Esq.
Holstad & Knaak, P.L.C.
3535 Vadnais Center Drive
Vadnais Heights, MN 55110
Re: Time Warner Transfer of Control
Dear Fritz:
As we discussed, Time Warner Cable and Comcast Cable Communications, LLC ("Comcast")
have announced that Comcast will acquire control of the cable system and franchise in the City
of Fridley, Minnesota ("City"). The proposed transfer of control requires approval under 1)
Minnesota Statutes Section 238.083 and 2) the City's current Cable Communications Franchise
Ordinance ("Franchise").
As part of the regulatory approvals necessary for this merger, on or about June 15, 2005, the City
received, Federal Communications Commission Form 394 - Application for Franchise Authority
Consent to Assignment or Transfer of Control of Cable Television Franchise ("Form 394") from
Comcast. Form 394 is Time Warner's application seeking consent to the proposed transfer of
control of the City's cable television franchise to Comcast.
A number of procedural requirements control cable television franchise transfer requests. Under
federal law, the City has 120 days from the date of receiving Form 394 to act upon the transfer
request. Thus, the federal deadline for City action is approximately October 13, 2005. The
City's failure to act within that time serves as an implied approval of Time Warner's transfer
request.
The City's Franchise requires that the City either approve the transfer request within thirty (30)
days of receiving Form 394 or determine the need for a public hearing. The City's Franchise
provides that a public hearing may be held at the time of a proposed transfer of control in order
to assess whether the transaction may have an adverse effect on the City's cable television
subscribers. There is no requirement that a public hearing must be held, however, if the City
chooses not to hold a public hearing, it must approve the proposed transfer of control within
thirty (30) days of June 15, 2005.
If a public hearing is deemed necessary to determine whether the proposed transfer of control
will have an adverse effect on the City's cable television subscribers, the public hearing must be
held within thirty (30) days of the date the City makes its determination of the need for a public
Frederic W. Knaak Esq.
July 6, 2005
Page 2
hearing. Notice of the public hearing must be published fourteen (14) days in advance of the
public hearing. A final decision by the City regarding Comcast's transfer request must be issued
within thirty (30) days of the close of the public hearing. I recommend you delay sending notice
of the public hearing to Time Warner until July 13-15, 2005 to maximize the time available for
the conduct of the hearing. This will allow the City to hold the hearing on August 8, 2005.
Under state and federal law as well as the City's Franchise, the City may review the
qualifications of the prospective controlling party. These qualifications fall into three (3)
categories; legal, technical and financial. On behalf of a number of clients which we represent,
Moss & Barnett will be preparing a report regarding the legal, technical and financial
qualifications of Comcast based on the proposed transfer of control. We will review the
voluminous information provided by Comcast as part of Form 394 and may seek additional
information to clarify unanswered questions. Mr. Yuri Berndt, an attorney in our office and
former CPA, will perform a review of the financial qualifications of Comcast under the proposed
transfer of control. We will also review Time Warner's compliance with the existing franchise.
We intend to issue our report outlining our recommendations regarding the legal, technical and
financial qualifications of Comcast under the proposed transfer. Our report will also incorporate
appropriate closing documentation including a detailed resolution and related documents. Please
let me know if we should include Fridley on the list of clients to receive this report.
For your convenience, we have enclosed a memo regarding the public hearing and a letter
addressed to Time Warner regarding the decision to call a public hearing. We have also
enclosed a sample motion which may be used to call the public hearing.
If you have any questions, please do not hesitate to contact me.
Very truly yours,
�
Brian T. Grogan
BTG/tlh
Enclosures
�sso9��i
� AGENDA ITEM
� COUNCIL MEETING OF JULY 11, 2005
CffY OF
FRIDLEY
CLAIMS
122236 - 122444
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C,fTY OF
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF JULY 11, 2005
LICENSES
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Type of License By Approved by:
FOOD, TOBACCO, RETAIL GAS SALES
Stop and Save Joshua Isaboke
7298 Hwy 65 N E
Fridley, MN 55432
STREET VENDING
Alassedy Kamel
761 124t" Ln NW
Coon Rapids, MN 55448
Public Safety Director
Community Dev. Director
Fire Inspector
Public Safety Director
Parks Director
City Clerk
� AGENDA ITEM
� CITY COUNCIL MEETING OF
�TM °F July 11, 2005
FRIDLEY
CONTRACTOR TYPE APPLICANT APPROVED BY:
Ace Mechanical Services Inc Gas Services Jim Harvey Ron Julkowski, CBO
Ace Mechanical Services Inc Heating Jim Harvey Ron Julkowski, CBO
Advance Com anies, Inc. Residential Contractor Jeff Cruz State of MN
Advanced Technical Ente rises Electrical Ga He en State of MN
Air Mechanical Inc Heating Ross Erickson Ron Julkowski, CBO
A1 Ko Home Improvement Residential Contractor Alvin Kopecky State of MN
Allstar Construction Inc Residential Contractor Robert Vassallo State of MN
Anderson Hardwoods Residential Contractor Timothy Anderson State of MN
Reclamation
BWE Construction Co Residential Contractor Bruce Emerson State of MN
C O Carlson Air Cond Co Inc Gas Services Thomas Lindskog Ron Julkowski, CBO
C O Carlson Air Cond Co Inc Heatin Thomas Lindsko Ron Julkowski, CBO
Cities Home Im rovement Residential Contractor Marshall Lifson State of MN
Crosstown Sign Inc Sign Erector Betsy Weingartner Ron Julkowski, CBO
C& S Brenny Construction Inc Commercial Severin Brenny Ron Julkowski, CBO
Electric Desi n& Installation Inc Electric Andrew Patrias State of MN
Finle & Sons Home Im rove. Residential Finle Brees State of MN
Galaxy Mechanical Heating Tim Peterson Ron Julkowski, CBO
Granite Ledge Electrical Electrical Rhonda Brown State of MN
Contractors
Hillto Trailer Sales Commercial Richard Pearo Ron Julkowski, CBO
Industrial E uitis Commercial Jeff Salzbrun Ron Julkowski, CBO
Julian M Johnson Const Corp Plumbing Carl Johnson State of MN
K's Mechanical Inc Plumbing Dave Shook State of MN
Kath HVAC Gas Services Keith Williams Ron Julkowski, CBO
Kath HVAC Heatin Keith Williams Ron Julkowski, CBO
Knight Heating & Air Cond Gas Services Kenneth Lien Ron Julkowski, CBO
Knight Heating & Air Cond Heating Kenneth Lien Ron Julkowski, CBO
Krinkie Heating & AC Heating Bruce Krinkie Ron Julkowski, CBO
Krinkie Heatin & AC Gas Services Bruce Krinkie Ron Julkowski, CBO
Lance Co in Sewer & Water Plumbin Lawrence Co in State of MN
Landa Construction Inc Residential Harris Jones State of MN
Local Roofing Co Inc Roofing Jeff Mattice Ron Julkowski, CBO
Manufactured Housing Specialists Mobile Home Installer Mike Weber State of MN
Mickelson Plumbin Inc Plumbin Dave Mickelson State of MN
Modern Heatin & Air Cond Inc Heatin Te Hutchinson Ron Julkowski, CBO
Modern Heating & Air Cond Inc Gas Services Terry Hutchinson Ron Julkowski, CBO
Niemela's Signs & Graphics Sign Erector Dave Niemelas Ron Julkowski, CBO
Northern Heatin & Air Cond Gas Services Bradle Peet Ron Julkowski, CBO
Northern Heatin & Air Cond Heatin Bradle Peet Ron Julkowski, CBO
Northrid e Plumbin Co Plumbin Darwin Baack State of MN
Nowthen Plumbing Plumbing Jeffrey Boettcher State of MN
PLJ Inc Commercial Dan Vescio Ron Julkowski, CBO
Plumbin Solutions Plumbin Brian Sullivan State of MN
RAK Construction Inc Commercial Don Day Ron Julkowski, CBO
Rapid Electric Inc Electrical Dion Wellesley State of MN
Residential Heating & Air Cond Heating Dean Kolner Ron Julkowski, CBO
Residential Heating & Air Cond Gas Services Dean Kolner Ron Julkowski, CBO
Rum River Lumber Com an Residential Michelle Johnson State of MN
Signs By Tomorrow Sign Erector Jim Kaczrowski Ron Julkowski, CBO
Steve Booth Construction Inc Residential Contractor Steve Booth State of MN
T& E Mechanical Services Gas Services Tim Eide Ron Julkowski, CBO
Voson Plumbin Inc Plumbin Donald Voss State of MN
Wallace Cement Co Residential Contractor Dave Wallace State of MN
Wills Greg Exteriors Residential Contractor Greg Wills State of MN
K/cd/insp/forms
� AGENDA ITEM
� CITY COUNCIL MEETING OF JULY 11, 2005
� °F ESTI MATES
FRIDLEY
Palda & Sons, Inc.
1462 Dayton Avenue
St. Paul, MN 55104
2005 Neighborhood Street Improvement
ProjectNo. ST. 2005 — 1
Estimate No. 2 ....................................................................................... $514,874.74
Natgun Corporation
11 Teal Road
Wakefield, MA 01880
Marian Hills Reservoir Construction
Proj ect No. 3 56
EstimateNo. 4 ......................................................................................... $ 39,330.00
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CffY OF
FRIQLEY
AGENDA ITEM
CITY COUNCIL MEETING OF JULY 11, 2005
Date: July 5, 2005
To:
From:
Subj ect:
William Burns, City Manager
Scott Hickok, Community Development Director
Julie Jones, Planning Coordinator
Second Reading for Spring Valley Estates Rezoning ZOA #OS-02
Background
On June 13, 2005, the Fridley City Council held a public hearing regarding the rezoning request from John
DeMello for the Spring Valley Estates project. At the last Council meeting on June 27, the City Council took
action on the first reading ofthe attached resolution regarding this rezoning request. The resolution was
passed on a 3-2 vote. The plat for this project was also passed by the City Council by a 4-1 vote on June 13.
This rezoning includes five parcels of land that have a mixture of zonings, which are proposed to be
redeveloped into a mixed use development to S-2, Redevelopment District zoning. The subject properties are
located at the intersection of Mississippi and Old Central Avenue. The project will include commercial space
and senior condominiums.
The Planning Commission also held a public hearing on the Spring Valley Estates Plat and Rezoning
on June 1, 2005. The Planning Commission recommended approval on both actions with 23
stipulations.
Recommendation
Staff recommends approval of the second reading of ZOA #OS-02 to rezone five parcels located at 1314 and
1340 Mississippi Street, and 6421, 6441, and 6461 Central Avenue to zoning S-2 Redevelopment District by
conducting the second reading ofthe attached ordinance. Approving the ordinance includes language that
also approves the Master Plan documents discussed at the June 27 Council meeting. The stipulations that
were amended and approved by Council at the June 13, meeting for the preliminary plat for this project are
also listed as an e�ibit.
M-OS-60
ORDINANCE NO. -2005
ORDINANCE APPROVING A REZONING ZOA #OS-02, FROM G1, LOCAL BUSINESS, C-2,
GENERAL BUSINESS AND R-1, SINGLE FAMILY RESIDENTIAL TO S-2,
REDEVELOPMENT DISTRICT, FOR PROPERTY LOCATED ON LOTS 15 —19, SPRING
VALLEY, GENERALLY LOCATED AT THE CORNER OF MISSISSIPPI STREET AND OLD
CENTRAL, FRIDLEY, MINNESOTA
ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY,
MINNESOTA BY MAHING A CHANGE IN ZONING DISTRICTS
The Council of the City of Fridley does ordain as follows:
SECTION 1
SECTION 2
Appendix D of the Fridley City Code is amended hereinafter as indicated, including
stipulations as shown in E�ibit A.
LOTS 15-19, BLOCK 1, SPRING VALLEY, GENERALLY LOCATED AT CORNER
OF MISSISSIPPI STREET AND OLD CENTRAL, FRIDLEY
Is hereby designated to be in the Zoned District S-2 (Redevelopment District)
and shall comply with Master Plan as depicted in E�ibit B, MP-1, Master Plan-
Landscape and Grading, and E�ibit C, MP-2, Master Plan-Utility and Grading,
both dated June 22, 2005.
SECTION 3. That the Zoning Administrator is directed to change the official zoning map to show said
tract or areato be rezoned from Zoned District G1 (Local Business), C-2 (General
Business District), and R-1, (Single Family Residential) to S-2, (Redevelopment District).
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 11TH
DAY OF JULY, 2005.
SCOTT J. LUND — MAYOR
ATTEST:
DEBRA A. SKOGEN — CITY CLERK
Public Hearing: June 13, 2005
First Reading: June 27, 2005
Second Reading: July 11, 2005
Publication: July 21, 2005
EXHIBIT A
STIPULATIONS FOR ZOA #05-02-SPRING VALLEY
1. Property to be developed in accordance with Master Plan - Landscape & Grading Plan
MP-1.0 and Master Plan - Utility & Grading Plan MP-2.0 dated June 22, 2005.
2. Building elevations shall be constructed in accordance with architectural plan A7 and A8,
titled Exterior Elevations, revised 5/19/05 and architectural plan A3, titled Building Plan
Ground Level, dated 4/29/05.
3. Petitioner to abtain all necessary permits prior to construction.
4. Petitioner to meet the applicable fire code requirements in the International Fire Code.
5. Petitioner to meet all building and ADA requirements.
6. Demolition permits shall be obtained for removal of the buildings at 1314 and 1340
Mississippi Street and 6421 Central.
7. Petitioner to provide revised Certificate of Exemption for wetland and to meet the Rice
Creek Watershed Districts regulations prior to issuance of a building permit.
8. No business signs shall be located within the County right-of-way. Any planting within
the right-of-way to be approved by the County prior to planting.
9. Petitioner to obtain a permit from Anoka County for any work done within the county
right-of-way.
10. Petitioner to submit revised storm water management plans and calculations for
approval by the City Engineering staff.
11. Storm pond maintenance agreement must be filed prior to issuance of building permits.
12. Petitioner shall obtain required NPDES Permit and Rice Creek Watershed District
permits.
13. City Engineering staff to review and approve grading and drainage plan prior to issuance
of building permits.
14. Final Landscape plan to be reviewed and approved by City Staff prior to the City Council
public hearing regarding the rezoning on June 13, 2005.
15. Petitioner shall install a 7' high screening fence or planting screening along the east and
south property lines, according to Section 205.14.6.G(1) of the Fridley Zoning Code.
16. Petitioner to pay required Park Dedication Fee of $3,287.25 (142,924 square feet of land
times .023 per square feet)
17. Petitioner to provide City with a copy of the buildings' association documents prior to
issuance of a building permit.
18. Building to be restricted to seniors and policies to do such shall be outlined in
association documents and filed with the County with final plat.
19. Provide proof that any existing wells or individual sewage treatment systems located on
the site are properly capped or removed.
20. Property owner of record at time of building permit application, to pay all water and
sewer connection fees prior to issuance of a building permit.
21. The petitioner shall be responsibte for sharing the cost of any traffic improvements
necessary to accommodate the traffic specifically generated by the development
including signalization or other improvements, if determined necessary by Anoka
County.
22. A Development Agreement outlining the Developer's obligation to install utilities, etc.,
will be prepared by the City and shall be signed by the Petitioner prior to final plat
approvaL
23. The Petitioner shall provide walkway access from the site for pedestrian connections at
the north and west sides of property.
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ClTY OF
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF JULY 11, 2005
Date: July 5, 2005
To: William Burns, City Manager ��
From:
Subject:
Scott Hickok, Community Development Director
Julie Jones, Planning Coordinator
VAR #OS-10 United Defense Sign Variance
Background
United Defense, located at 4800 East River Road, was recently acquired by BAE Systems. The property
purchase prompted a need to change the company name on all of the signs on the United Defense property.
However, when the company's sign contractor applied for sign permits, staff discovered that many of the
existing signs were not in compliance with the current sign code. Staff asked United Defense to develop a
plan to bring all of their signs into compliance as part of the name change.
As a result, an area identification sign was reduced in size. United Defense also agreed to eliminate a non-
complying sign on the west side of East River Road. However, after these changes, United Defense decided
they needed to apply for a variance to solve the directional needs on the East River Road entrances on their
property. Their application is to obtain a variance to have a second free standing sign on this side of the
property and double the normally allowed square footage.
The Appeals Commission held a pubiic hearing on VAR #OS-10 on June 22, 2Q05. The Commission
unanimously recommended approval of the sign variance with the five stipulations in the attached
staff report.
Recommendation
Staff concurs with the Appeals Commission recommendation for approval of VAR #OS-10 to allow two free
standing signs of a total of 160 square feet on East River Road on the United Defense (BAE Systems)
property with stipulations. This properly, due to its size, is deserving of a variance.
M-OS-61
22
City of Fridley Land Use Application
VAR #05-10 June 16, 2005
GENERAL INFORMATION
Applicant:
United Defense
4800 East River Road
Fridley, MN 55421
Requested Action:
Variance to exceed free standing sign
size reauirements
Existing Zoning:
M-2, Heavy Industrial
Location:
4800 East River Road
Size:
5,911,658 sq. ft. 135.71 acres
Existing Land Use:
Manufacturing facility
Surrounding Land Use & Zoning:
N: M-2, Heavy Industrial
E: M-2, Heavy Industrial
S: M-2, Heavy Industrial
W: P, County Park
Comprehensive Plan Conformance:
Consistent with Plan for redevelopment
Sign Code Conformance:
Section 214.12.2.B limits the maximum
sq. ft. of total free standing signs to 80
sq. ft. per development
Section 214.12.2.A limits M-2 properties
to one free standing sign per street
frontage
Zoning History:
1940 — Building construction began
1952 — Lot is platted.
1969 — Northern Pump constructed
1974 — Building Alteration permit
1981 — Building permit for office
1983 — Building permit for pump house
1989 — Building Alteration permits
1990 — Building permit for cafe
1991 —13 additional alterations permits
Legal Description of Property:
Auditor's Subdivision #79 — complete
legal description is on file at City Hall
Public Utilities:
SPECIAL INFORMATION
Building is connected
Transportation:
The property receives access from East River
Road and 51 St Way N E
Physical Characteristics:
Parcels are fully developed, containing
SU M MARY OF PROJECT
United Defense is seeking a variance to
increase the quantity of allowable free standing
signs.
SUMMARY OF HARDSHIP
"This 135 acre property far exceeds the norm in
size and frontage for property in the City of
Fridley. The major entrances to the property are
greater than % mile apart on East River Road
so that signage for either one is not readily
apparent from the other location. Additional
signage is necessary to safely route traffic."—
see attached letter
SU M MARY OF ANALYSIS
City Staff recommends approval of this variance
request.
Petitioner has demonstrated hardship.
Similar variance requests have been
granted to businesses in the past.
CITY COUNCIL ACTION / 60 DAY DATE
City Council —July 11, 2005
60 Day Date — July 18, 2005
Staff Report Prepared by: Julie Jones
VAR #05-10
United Defense — Sign Variance
Request
United Defense will soon be acquired by BAE Systems and desires to change their property signage to
reflect the new company name. Some of the existing signs on this property, however, are nonconforming.
United Defense is seeking a variance to the City's sign code requirements to correct this problem. The
variance is to increase the number of a free standing signs on one property frontage. This variance request
also includes a request to have more than one 80 square feet of free standing signage on the property. The
request would involve a variance to have 160 square feet of free standing signs on the subject property.
The petitioner is proposing to remove the existing non-compliant free standing sign on the west side of
East River Road, which is not permitted according to the sign code, as it is not on the petitioner's
properiy. Even though United Defense gave this land to the County for park land, the sign in not
permitted to be anywhere besides their own property.
The petitioner has also already applied and obtained sign permits for a wall sign, an area identification
sign, and one free standing sign for their north entrance on East River Road. The variance is being sought
for another 80 square foot free standing sign for the south entrance on East River Road.
It should be noted that United Defense currently has three free standing signs on East River Road. Code
only permits one free standing sign per street frontage.
Site Description
The subject properiy consists of three parcels of land, totaling 135 acres. FMC was the company that
originally developed this property in 1969. United Defense presently operates a two million square foot
manufacturing facility that employs 1,500 people. The company is being acquired by BAE Systems,
necessitating a change in signage to the BAE Systems name.
The properiy is surrounded by other M-2, heavy industrial, properiy. The Anoka County Riverfront Park
and the Mississippi River are to the west and the rail yard is to the east. Other industrial property is to the
north and south. This is a high traffic area with a 50 mph speed limit, making clear signage important.
Sign Permit History
The following sign permits have been issued for the subject property
over the years:
1967 — Sign Permit issued for a 50 sq. ft. fence sign
1974 — Sign Permit issued for a 126 sq. ft. wall sign
1985 — Sign Permit issued for a 144 sq. ft. free standing
sign on w. side of East River Rd.
1989 — Sign Permit issued for a 124 sq. ft. wall sign
1999 — Sign Permit issued for a 122 sq. ft. wall sign
2005 — Sign Permit issued for a 122 sq. ft. wall sign, 24 sq. ft.
area ID sign, and a 80 sq. ft. free standing sign
Section of Fridley Zoning Code
Aerial view of the United Defense property
Code Requirements
• Section 214.12.2.A limits the number of a free standing signs per street frontage to one.
• Section 214.12.2.B of the Fridley sign code limits the maximum sq. ft. of total free standing signs
to 80 sq. ft. total per development.
The petitioner's variance request actually includes a variance to two different sections of the sign code for
the one 80 square foot sign desired. One variance is to have a second free standing sign on East River
Road. This is required in Section 214.122.A. The other variance is to the total square footage of free
standing signage on a given property, which is limited in code to 80 square feet. The petitioner already
has an 80 square foot free standing sign at their north entrance on East River Road, and desire to have a
second 80 square foot sign at their south entrance on East River Road.
Previous Cases
There are sign variances that the City of Fridley has issued fairly recently in similar situations for each of
the petitioner's sign variance requests.
A similar large industrial business in Fridley, Cummins Power Generation (Onan), has been granted a
variance in the past for more than one free standing sign per street frontage. This business is in a similar
situation to United Defense in that they have a very large site with multiple entrances on a given street
frontage.
The City of Fridley has also granted numerous sign variances to the 80 square foot requirement:
In 1997, the Bachman's store was granted a sign variance for a 121 sq. ft. free standing pylon
sign. The University Avenue Business Center at 7920-7990 University Avenue was given a sign
variance for a 130 sq. ft. pylon sign in 1997. Cummings Power Generation (Onan) also had a sign
variance approved by the City in 1997 for 161 sq. ft. of total free standing signs.
Most recently, the City approved a sign variance for the Ashley Furniture Store for 1,347 total sq.
ft. of wall signs. Another property along the freeway, HomeValu, also has been granted a sign
variance for a 160 sq. ft. pylon sign.
According to past variances granted, and considering size of the petitioner's property, these sign variance
requests are not in excess of sign variance requests approved previously for similar situations.
Four Code Conditions Required for Sign Variance Approval
Before the Commission shall grant a variance, it is the responsibility of the applicant to meet the four
conditions required to be met in Section 214.21.02 of the City Sign Code. All four of the conditions
required have been met by the petitioner. Therefore, by Code, the sign variance should be granted. The
four requirements and an explanation of how the petitioner has met these mandatory requirements are
listed below.
1. Exceptional or extraordinary circumstances applicable to the property or to
The intended use that do not apply generally to other property in the same vicinity and district.
The petitioner states that the mere size of their property places them a unique situation. One entrance is '/4
mile apart from the other, and it is critical that truck deliveries do not get to the wrong entrance.
2. That the variance is necessary for the preservation and enjoyment of a substantial property
right possessed by other property in the same vicinity and district, but which is denied the property
in question.
Other property on similar high-traffic roadways in the City has been granted similar sign variances in
similar situations for both of the sign variances requested.
3. That the strict application would constitute an unnecessary hardship.
United Defense states that strict application of the sign code would not provide signage that would be
visible enough to allow safe identification for the approximately 200 non-employee visitors they typically
have to the site daily — especially considering the speed of the East River Roadway.
4. That the granting of the variance would not be materially detrimental to the public health,
safety or general welfare, or detrimental to the property in the vicinity or district in which the
property is located.
Due to the large scale of the United Defense site, it is unlikely that larger than normally allowed free
standing signs will create any detriment to the businesses to the north and the south.
Recommendations
City Staff recommends approval of both variances requested:
• Petitioner has demonstrated statutory defined hardship.
• There are several comparable variances have been granted over recent years for similar
situations/sections of code.
Stipulations
City Staff recommends that the following stipulations be attached if either of these variance requests are
granted:
1. The existing free standing sign on the west side of East River Road be removed at the same time or
before the new south entrance sign is installed.
2. Any existing sign variances will be null and void with approval ofthis new variance(s).
3. The minimum height from the bottom of the new free standing sign and the finished ground grade
will be ten feet or the sign will be placed at least 25' back from all property lines.
4. No additional free standing signs shall be allowed on this site besides the two approved with the
exception of information/directional signs 4 square feet in total size or smaller on the site.
5. This variance shall remain in effect unless any of the following occur:
A. The sign is altered in any way, except for routine maintenance and change of inessages which
makes the sign less in compliance with requirements.
B. The supporting structure of the sign is replaced or remodeled.
C. The face of the sign is replaced or remodeled.
D. The sign becomes dilapidated or damaged and the cost of bringing it into compliance is more
than 50% of the value of the sign, at which time all of the sign and its structure shall be
removed.
E. Notwithstanding subparagraph (A) above, upon the change of the name of the business being
displayed on this sign.
DRAFT
CITY OF FRIDLEY
APPEALS COMMISSION MEETING
J U N E 22, 2005
CALL TO ORDER
Chairperson Kuechle called the Appeals Commission meeting to order at 7:30 p.m.
ROLL CALL
Members present: Brad Sielaff
Larry Kuechle
Blaine Jones
Gary Zinter
Members absent: Kenneth Voss
Others present: Scott Hickok, Community Development Director
Julie Jones, Planning Director
Rebecca Brazys, Recording Secretary
APPROVAL OF MINUTES: June 8, 2005
MOTION by Commissioner Sielaff, seconded by Commissioner Jones, to approve the
minutes as submitted.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED
THE MOTION CARRIED UNANIMOUSLY.
PUBLIC HEARINGS:
1. Variance request VAR #05-10 by United Defense for consideration of a
variance to allow an additional 80 square foot sign on their property,
generally located at 4800 East River Road NE.
MOTION by Commissioner Zinter, seconded by Commissioner Sielaff, to open the
public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED
THE PUBLIC HEARING OPEN AT 7:34 PM.
Ms. Jones stated the petitioner, United Defense, 4800 East River Road, is seeking a
variance to increase the size and number of allowable free-standing signs on their
property from 80 square feet to 160 square feet. The subject property is zoned M2,
heavy industrial, so industrial sign requirements in Section 214.12 apply. The
petitioner's property is surrounded by M2 to the north, south, and east and there's park
CITY OF FRIDLEY APPEALS COMMISSION MEETING JUNE 22, 2005 Page 2 of 4
land to the west. The business has existed on this site since 1940 and has had several
alterations over the years. There is one access point to this site on the north side on
51 St Way and two access points on East River Road.
Ms. Jones stated a permit was issued in 1985 for a 144 square foot free-standing sign
on the west side of East River Road and that will be removed because it does not meet
code as all signs must be installed on the owner's property. Permits have been issued
for one 80 square foot free standing sign at the north entrance on East River Road, a
122 square foot wall sign, and a 24 square foot area identification sign at the north East
River Road entrance. City code allows only one free standing sign per street frontage in
M2 zoning with a maximum of 80 square feet of free standing signage per development.
Similar variances approved, Ms. Jones explained, include Cummins Power Generation,
Bachman's, University Business Center, and Home Value.
Ms. Jones reviewed the petitioner's hardship statement as follows: "This 135 acre
property far exceeds the norm in size and frontage for property in the City of Fridley.
The major entrances to the property are greater than a quarter mile apart on East River
Road so that signage for either one is not readily apparent from the other location.
Additional signage is necessary to safely route traffic."
The conditions required for such a variance, Ms Jones explained, include:
1) Exceptional or extraordinary circumstances applicable to the property or to
the intended use that do not apply generally to other properties in the same
vicinity and district.
- 135 acre size property is unique
- Not many properties have a quarter mile distance between entrances
2) That the variance is necessary for the preservation and enjoyment of a
substantial property right possessed by other property in the same vicinity
and district but which is denied the property in question.
- Another industrial business has received a variance for the number and
total square footage of free standing signs.
- Other businesses have a/so received variances to free standing sign size.
3) That the strict application would constitute an unnecessary hardship.
- Only one 80 square foot free standing sign would not provide enough
visibility to allow safe identification for the approximately 200 non-
employee visitors they typically have to the site daily, especially
considering the speed of traffic along East River Road.
4) That the granting of the variance would not be materially detrimental to the
public health, safety or general welfare, or detrimental to the property in the
vicinity or district in which the property is located.
CITY OF FRIDLEY APPEALS COMMISSION MEETING JUNE 22, 2005 Page 3 of 4
- Multiple entrance signs have existed on the property for years with no
complaints or safety concerns.
Ms. Jones stated staff recommends approval of this variance as the petitioner has a
statutory defined hardship and there have been other comparable variances granted in
recent years. If approved, staff recommends the following stipulations be attached:
1) The existing free standing sign on the west side of East River Road be removed
at the same time or before the new south entrance sign is installed.
2) Any existing sign variances will be null and void with approval of this new
variance.
3) The minimum height from the bottom of the new free standing sign and the
finished ground grade will be ten feet or the sign will be placed at least 25 feet
back from all property lines.
4) No additional free standing signs shall be allowed on this site besides the two
approved, with the exception of informational / directional signs 4 square feet in
total size or smaller on the site.
5) This variance shall remain in effect unless any of the following occur:
a. The sign is altered in any way, except for routine maintenance and change
of inessages which makes the sign less in compliance with requirements.
b. The supporting structure of the sign is replaced or remodeled.
c. The face of the sign is replaced or remodeled.
d. The sign becomes dilapidated or damaged and the cost of bringing it into
compliance is more than 50% of the value of the sign, at which time all of
the sign and its structure shall be removed.
e. Notwithstanding subparagraph (a) above, upon the change of the name of
the business being displayed on this sign.
Jeff VanKeuren, Manager of Public Affairs for United Defense, stated Ms. Jones
presented a complete report. He wished to highlight, however, the safety aspect of this
request. Given the speed limit on East River Road, the high volume of trucks and
visitors; with many truckers being first time visitors to their facility, they feel it's vitally
important to have both signs to get people to slow down in an adequate amount of time
and to get them into the correct entrance. He stated he frequently has to go into the
south lot of this site and assist truckers in getting turned around and directing them to
the north entrance. Also, getting people to slow down in time to make a safe turn into
their entrance is another factor.
Chairperson Kuechle asked if the petitioner has any issues with the stipulations
recommended by staff.
Mr. VanKeuren stated they have no objections.
Commissioner Jones asked if there is any need for a warning sign for the trucks
approaching this site.
CITY OF FRIDLEY APPEALS COMMISSION MEETING JUNE 22, 2005 Page 4 of 4
Mr. VanKeuren responded that if these size signs are approved, the company logo
should be large enough to be seen at a great distance.
MOTION by Commissioner Zinter, seconded by Commissioner Jones, to close the
public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED
THE PUBLIC HEARING CLOSED AT 7:51 PM.
Commissioner Sielaff stated he does not have any problems with this proposal.
Commissioner Jones expressed his support for this proposal as the petitioner will be
improving the safety of their site for truck traffic and they'll be removing the non-
conforming sign on the west side of East River Road.
Commissioner Zinter commented that this is an example of how the City Code does not
fit perfectly all the time since this is a unique piece of property.
Chairperson Kuechle agreed with Commissioner Zinter's comments.
MOTION by Commissioner Sielaff, seconded by Commissioner Jones, to recommend
approval of VAR #05-10 for United Defense with the stipulations recommended by staff.
1 The existing free standing sign on the west side of East River Road be removed
at the same time or before the new south entrance sign is installed.
2 Any existing sign variances will be null and void with approval of this new
variance.
3 The minimum height from the bottom of the new free standing sign and the
finished ground grade will be ten feet or the sign will be placed at least 25 feet
back from all property lines.
4 No additional free standing signs shall be allowed on this site besides the two
approved, with the exception of informational / directional signs 4 square feet in
total size or smaller on the site.
5 This variance shall remain in effect unless any of the following occur:
f. The sign is altered in any way, except for routine maintenance and change
of inessages which makes the sign less in compliance with requirements.
g. The supporting structure of the sign is replaced or remodeled.
h. The face of the sign is replaced or remodeled.
i. The sign becomes dilapidated or damaged and the cost of bringing it into
compliance is more than 50% of the value of the sign, at which time all of
the sign and its structure shall be removed.
j. Notwithstanding subparagraph (a) above, upon the change of the name of
the business being displayed on this sign.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED
THE MOTION CARRIED UNANIMOUSLY.
�
�
CffY OF
FRIdLEY
Date
To:
AGENDA ITEM
CITY COUNCIL MEETING OF JULY 11, 2005
J u ly 5, 2005
William Burns, City Manager
From: Scott Hickok, Community Development Director
Julie Jones, Planning Coordinator
Rachel Harris, Environmental Planner
Subject: Variance Request, VAR #05-11, CVS Setback and Parking Stall Reduction
M-05-62
INTRODUCTION
The petitioner, The Velmeir Companies on behalf of CVS Pharmacies, is seeking a
variance to reduce the rear yard setback from 40 feet to 26 feet at 5696 University
Avenue NE; and to decrease the required parking from 86 stalls to 75 stalls.
The petitioner seeks to redevelop the former Cattle Company Restaurant and parking
lot, vacant since 2004. CVS is proposing a redevelopment of the property to
accommodate a 12,900 square foot pharmacy / convenience store with a drive-through
pharmacy. The petitioner is proposing to place the new building 26 feet back from the
south property line and provide 75 parking stalls.
City Code for C-3 (general shopping districts) states that a rear yard building setback of
not less than forty (40) feet is required in General Shopping districts and one (1) stall is
required per one hundred fifty (150) square feet.
The petitioner is requesting to be able to construct a building that would only be setback
26 feet on the front (57t" Ave NE side). This is a 14 foot variance to the required rear
yard setback for a building in the General Shopping zone. The petitioner also requests
to be able to construct a parking lot with 75 stalls. This is an eleven stall variance based
on building size.
APPEALS COMMISSION RECOMMENDATIONS
At the June 22, 2005, Appeals Commission meeting, a public hearing was held for VAR
#05-11. After a brief discussion, the Appeals Commission recommended approval of
the variance.
THE MOTION CARRIED UNANIMOUSLY.
PLANNING STAFF RECOMMNEDATION
City Staff recommends concurrence with the Appeals Commission.
City of Fridley Land Use Application
VAR #05-11 June 14, 2005
GENERAL INFORMATION
Applicant:
The Velmeir Companies
Jim LaValle
7900 International, Suite 200
Bloomington, MN 55425
Requested Action:
1. Variance to decrease rear yard
building setback requirements
2. Variance to reduce parking
requirements
Existing Zoning:
C-3, General Shopping
Location:
5696 University Avenue NE
Size:
69,548 square feet or 1.58 acres
Existing Land Use:
Former Cattle Company restaurant; now
vacant
Surrounding Land Use & Zoning:
N: 57th Ave NE & C-2
E: C-3 Retail & Cub Foods
S: Fridley Liquor, I-694 and P
W: University Avenue & C-2
Comprehensive Plan Conformance:
Consistent with Plan for redevelopment
Zoning Code Conformance:
Convenience stores are permitted in a C-3
zoning district.
Zoning History:
1953 — Lot is platted.
1983 — Cattle Company Restaurant
constructed.
Legal Description of Property:
Tract A, Part 13, Auditor's Subdivision
#155 as on file at City Hall
Public Utilities:
Building is connected.
Transportation:
The property receives access from 57th Ave NE
Physical Characteristics:
Lot is fully developed, contains buildings,
parking, & landscaped areas. Building is
vacant.
SPECIAL INFORMATION
SU M MARY OF PROJECT
Velmeir, on behalf of CVS Pharmacy, is
seeking a variance to decrease the rear yard
setback from 40 feet to 26 feet at 5696
University Avenue NE; and to decrease the
required parking from 86 stalls to 75 stalls.
SUMMARY OF HARDSHIP
"Due to the fact that the site was originally
designed for a former use ...there are a number
of practical difficulties...of the property that
cause undue hardship in the strict application of
the zoning ordinance."Summary from letter on
file at City Hall.
SUMMARY OF ANALYSIS
City Staff recommends approval of this variance
request.
• Similar variance requests have been
approved in general shopping districts in the
past.
• Proposed project is in-line with
redevelopment principles in our
comprehensive plan.
• The proposed variance should not
negatively impact surrounding businesses.
CITY COUNCIL ACTION / 60 DAY DATE
City Council — July 11, 2005
60 Day Date — July 18, 2005
Staff Report Prepared by: Rachel Harris
VAR #05-011
CVS Pharmacy — Rear Setback & Parking Variance
REQUEST
The petitioner, Velmeir Companies, on behalf of CVS Pharmacies, is seeking a variance to
decrease the rear yard set back at 5696 University Ave NE for a 12,900 square foot general
shopping district building.
The petitioner also seeks a variance to reduce the parking requirement by eleven (11) stalls from
eighty-six (86) stalls to seventy-five (75) stalls. In a general shopping district, one (1) stall is
required per one hundred fifty (150) square feet.
SITE DESCRIPTION
The property is zoned C-3, General Shopping District and the petitioner proposed no changes to
the zoning. The proposed CVS site is located at 5696 University Ave NE, at the southwest
,,� ����,�� corner of University Ave NE and 57th Avenue
SITE HISTORY
NE.
Surrounding properties to the west are zoned C-3,
Retail and General Shopping, including Gander
Mountain, and City Liquor Store. Surrounding
properties to the north are zoned C-2, General
Business and include a 24-hour Burger King.
Surrounding properties to the east are zoned C-2,
General Business and include gas/service stations
and car sales. Interstate 694 is located to the
south.
The former site occupant, Cattle Company Restaurant,
opened for business in 1983 and closed in 2004. The
building has since been vacant and staff has observed
that the parking lot has been informally used as a park
and ride lot by persons using the Metro Transit bus
stop on University and 57th.
In 1983, the property was created as a plat on its own,
separated from Holiday Village.
This property has had no rear yard set-back variances
in the past.
ANALYSIS OF CODE REQUIREMENTS
Three code conditions reviewed for variance approval:
1. The public policy which is served by requirement. (City Code)
2. The practical difficulties or unique circumstance of the property that cause undue
hardship in the strict application of the requirement. (Hardship statement)
3. In recommending or approving a variance, the Commission and/or Council may impose
conditions to ensure compliance to protect adj acent properties. (Stipulations)
Lot Requirements
Section 205.15.C-3.C(3) of Fridley City Code states that a minimum lot area of 35,000 square
feet under one ownership is required.
• The petitioner meets this requirement with a lot size of 69,548 square feet or 1.60 acres.
Section 205.15.C-3.C(3) of Fridley City Code states that the maximum percent of the area of a
lot allowed to be covered by the main building and all accessory buildings is as follows: (a) One
(1) Story - forty percent (40%) maximum; (b) Two (2) Story - thirty-five percent (35%)
maximum. Code also states that the above lot coverage will be subj ect to other considerations,
including parking and open space requirements, use of facilities and proximity to other districts,
which may decrease the maximum lot coverage.
• The petitioner meets this requirement with lot coverage of 18.5 percent.
Setbacks
Section 205.15.C-3.C(3) of Fridley City Code states that permitted buildings and uses, except
automobile parking and loading spaces, driveways, essential services, walks and planting spaces
shall not be closer to any public right-of-way than eighty (80) feet in the front yard setback.
• The petitioner meets this requirement by providing 80 feet for the front yard (the
narrowest side of the lot faces 57th Ave NE) building setback on the north side of the lot.
Section 205.15.C-3.C(3) of Fridley City Code states that a rear yard building setback of not less
than forty (40) feet is required in General Shopping districts.
• The petitioner does not meet this requirement and seeks a variance to encroach fourteen
(14) feet in to the rear yard building setback, as described above.
Section 205.15.C-3.C(3) of Fridley City Code states that two (2) side yards are required, each
with a width of not less than fifteen (15) feet, except where a driveway is to be provided in the
side yard, the minimum required side yard increases to thirty (30) feet.
• The petitioner meets this requirement by providing a side yard setback of eighty (80) feet
on the east side of the lot.
• The petitioner meets this requirement by providing, a side yard setback of thirty-five (3 5)
feet, nine (9) inches for the drive aisle on the west side.
Section 205.15.C-3.C(3) of Fridley City Code states that additional setback restrictions of
permitted buildings and uses, except automobile parking and loading spaces, driveways,
essential services, walks and planting spaces shall not be closer to the boundary line of any
adj acent residential district than fifty (50) feet to allow for planting buffers and screening.
• The petitioner meets this requirement as there are no residential districts adjacent to the
petitioner's site.
Parking Requirements
Section 205.15.5 of Fridley City Code states that a reduction of parking stalls may be allowed
when the provisions of space required for parking stalls, due to the particular nature of the
proposed use or other considerations, would be an unnecessary hardship. Adequate open space
shall be provided to satisfy the total number of required parking stalls.
Section 205.15.5 of Fridley City Code states that a Parking Ratio of at least one (1) off-street
parking space shall be provided for each 150 square feet of building floor area in the C-3 District
and accessible parking spaces will be provided in accordance with Minnesota Rules, Chapter
134L (Ref. Ord. 1155)
• The petitioner does not meet this requirement and seeks a variance for a reduction of
eleven (11) parking stalls, as described above.
• The petitioner has not proposed proof of parking in the variance application.
The petitioner provides customer convenience with the drive through aisle on the east and north
sides of the property. With the addition of this customer convenience, the petitioner has reduced
parking stall capability on the east side and north side of the store.
Historically, staff has heard from Commercial developers that the City's parking ratio is too
high. You may recall that in 1996, Holiday Companies were asked to remove their unused
asphalt and replace it with maintained pervious surface, such as sod, or an alternative acceptable
ground cover. In 1996, Home Depot asked the City to be allowed to reduce the number of stalls
believing that with their experience a ratio of 1:150 is too high. Because Home Depot was not
certain who they would sell their attached adjacent site to at the time, they were allowed to use a
speculative ratio of 1:200.
If we are to observe a similar pharmacy/convenience store operation in Fridley, such as
Walgreen's, we would find on a daily basis that the parking lot is less than 50% full. On busy
weekends, that percentage of occupied stalls climbs somewhat. However, at no time does it
appear that all 100% are occupied. At their busiest times it appears as though they may have as
much as 40% unoccupied stalls. Walgreen's is an excellent comparable example since it also
includes a drive thru and a bus stop near by.
At a time when storm water run-off is such a concern, and a time when critiques speak of over-
paving our developed community, a reduced number of required parking stalls may be
appropriate for this type of business, where many customers will be using the drive thru and not
be stopping to park.
HARDSHIP STATEMENT
The petitioner's hardship statement reads as follows:
`Due to the fact that the site was originally designed for a former use... there are a number of
practical difficulties... of the property that cause undue hardship in the strict application of the
zoning ordinance. " The petitioner's complete hardship statement is attached for review.
It is difficult to redevelop property designed for a different use. The petitioner did initially
approach staff with a desire for several more variances. They have reworked their site plan to
eliminate all other setback variances except one.
PREVIOUS CASES
There are few similar rear setback variance requests for comparison that have been approved in
commercial zoning districts in the past. Bona Bros., 5333 University Ave NE, received a 25'
setback variance to residential property in 1999. An industrial building at 7500 Commerce Lane
received a variance in 1998 to reduce the rear yard setback from 25' to 8'. The Banfill Crossing
senior apartment building at 83rd and University Av also received a rear yard setback variance
from 25' to 15' in 1996.
Staff has been unable to find comparable parking stall reduction variances. However, Target
Corp. currently has a parking reduction variance request in process, which the Appeals
Commission recommended approval of recently.
The proposed redevelopment is in-line with redevelopment principles in Fridley's
Comprehensive Plan, as the property is shown as redevelopment on the Comprehensive Plan's
Future Land Use map.
RECOMMENDATIONS
City Staff recommends approval of this variance request, with stipulations.
• Similar setback variance has been granted in the past.
• A similar parking variance has been recommended for approval recently.
• Petitioner has statutory defined hardship.
• The proposed variance meets redevelopment principles of our comprehensive plan.
STIPULATIONS
City Staff recommends that the following stipulations be attached if this variance request is
gr�anted:
1. Petitioner shall obtain all necessary building permits prior to construction.
2. City engineering staff to review and approve grading and drainage plan prior to issuance
of building permits.
3. Landscape plan to be reviewed and approved by City Staff prior to issuance of building
permit.
4. Petitioner to submit storm pond maintenance agreement (if a pond is necessary) prior to
issuance of a building permit.
5. Petitioner to meet all building, fire, and ADA requirements.
6. Petitioner shall create a four sided building, (architecturally to be reviewed and approved
by staff prior to issuance of building permit).
7. Petitioner shall provide a pedestrian connection to the existing sidewalk along University
Avenue NE and 57th Ave NE.
DRAFT
CITY OF FRIDLEY
APPEALS COMMISSION MEETING
J U N E 22, 2005
CALL TO ORDER
Chairperson Kuechle called the Appeals Commission meeting to order at 7:30 p.m.
ROLL CALL
Members present: Brad Sielaff
Larry Kuechle
Blaine Jones
Gary Zinter
Members absent: Kenneth Voss
Others present: Scott Hickok, Community Development Director
Julie Jones, Planning Director
Rebecca Brazys, Recording Secretary
APPROVAL OF MINUTES: June 8, 2005
MOTION by Commissioner Sielaff, seconded by Commissioner Jones, to approve the
minutes as submitted.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED
THE MOTION CARRIED UNANIMOUSLY.
PUBLIC HEARING:
1. Variance request VAR #05-11 by the Velmeir Companies for
consideration of a reduced rear yard setback variance to allow
construction of a CVS Pharmacy on the former Cattle Company site, and
is also seeking a variance to reduce the number of required parking
stalls from 86 to 75, generally located at 5696 University Avenue NE.
Ms. Jones stated the petitioner, Velmeir Companies, is seeking to redevelop the vacant
building and lot at 5696 University Av. NE (formerly Cattle Company Restaurant). They
plan to construct a 12,900 square foot CVS Pharmacy / convenience store in the
existing C3 zoning. There will also be a drive-thru prescription drop-off window for the
customers' convenience. Code requires a rear building setback of 40 feet in a general
shopping district. The petitioner is seeking to reduce the setback to 24 feet. The
petitioner is also seeking to reduce the parking requirement by 11 spaces from 86 to 75.
Code requires one parking space per 150 square feet in this zoning district.
CITY OF FRIDLEY APPEALS COMMISSION MEETING JUNE 22, 2005 Page 2 of 6
Ms. Jones stated the property is zoned C3 and the petitioner proposes no changes to
the zoning. The proposed CVS site is located at 5696 University Av NE at the
southwest corner of University Av NE and 57t" Avenue. The surrounding properties to
the west are zoned C3 and include Cub Foods, Gander Mountain and the City Liquor
Store. Properties to the north are zoned C2 and include a 24 hour Burger King. To the
east, the property is zoned C2 and include a gas / service station and car sales.
Interstate 694 is located to the south.
Ms. Jones reviewed the site history stating that in 1983 the property was created as a
plat on its own, separated from Holiday Foods. There have been no rear yard setback
variances in the past and no previous parking variances for this site. The former site
occupant, Cattle Company Restaurant, opened for business in 1983 and closed in
2004. The building is currently vacant; however, staff has observed that the parking lot
is being informally used as a park and ride lot by persons using the Metro Transit bus
stop on University and 57tn
As far as zoning code conformance, Ms. Jones explained that convenience stores,
including pharmacies, are permitted in the C3 zoning district.
Previous rear yard setbacks, Ms. Jones explained, include Bona Bros. at 5333
University Av. NE for a 25 foot setback variance; an industrial building at 7500
Commerce Lane setback reduction from 25 to 8 feet and the Banfill Crossing senior
apartment building at 83rd and University from 25 to 15 feet. Staff has been unable to
find comparable parking reduction variances. However, Target Corporation currently
has a parking reduction variance request in process, which the Appeals Commission
recommended approval of recently.
Ms. Jones stated Section 205.15.C-3.C(3) of Fridley City Code states that a rear yard
building setback of not less than forty feet is required in C3. The petitioner does not
meet this requirement and seeks a variance to encroach sixteen feet into the rear yard
building setback. Section 205.15.5 of Fridley City Code states that a reduction of
parking stalls may be allowed when the provisions of space required for parking stalls,
due to the particular nature of the proposed use or other considerations, would be an
unnecessary hardship. Adequate open space shall be provided to satisfy the total
number of required parking stalls. A parking ratio of at least one off-street parking
space shall be provided for each 150 square feet of building floor area in the C3 district.
The petitioner seeks a variance for a reduction of 11 parking stall and has not proposed
proof of parking in the variance application.
Three code conditions for variance approval, Ms. Jones explained, include:
1) The public policy which is served by requirement (City Code).
- City code states that a 40 foot building rear setback is required by code in
shopping center zones.
- The Comprehensive Plan states existing commercial sites should be
targeted for aesthetic improvements and for land use efficiency
improvements.
CITY OF FRIDLEY APPEALS COMMISSION MEETING JUNE 22, 2005 Page 3 of 6
2) Practical difficulties or unique circumstance of the property that cause undue
hardship in the strict application of the requirement. (Hardship statement)
-"Due to the fact that the site was originally designed for a former use,
there are a number of practical difficulties...of the property that cause
undue hardship in the strict application of the zoning ordinance."
- Staff acknowledges that it is difficult to redevelop property designed for a
different use. The petitioner initially approached the staff with a desire for
severa/ more variances but has reworked their site plan to eliminate all
other setback variances.
3) Commission and/or Council may impose conditions.
- Stipulations have been recommended by staff.
Ms. Jones further stated that similar variance requests have been approved in the past.
The proposed project is in line with redevelopment principles in the Comprehensive
Plan and the proposed variance should not negatively impact surrounding businesses.
As to the parking variance, Ms. Jones stated no similar parking stall reduction variance
requests have been approved by the Council in the past. However, the Appeals
Commission recently recommended approval of a parking reduction variance for Target
Corporation. Also, this proposed variance should not negatively impact surrounding
businesses.
Ms. Jones stated staff recommends approval of this variance request as the proposed
variance meets redevelopment principles of the Comprehensive Plan, the petitioner has
a statutory defined hardship, similar setback variances have been granted in the past
and similar parking variances have been recently recommended for approval.
If approved, Ms. Jones stated that staff recommends the following stipulations be
attached:
1) Petitioner shall obtain all necessary building permits prior to construction.
2) City engineering staff to review and approve grading and drainage plan prior
to issuance of building permits.
3) Landscape plan to be reviewed and approved by City staff prior to issuance of
building permit.
4) Petitioner to submit storm pond maintenance agreement (if a pond is
necessary) prior to issuance of a building permit.
5) Petitioner to meet all building, fire, and ADA requirements.
6) Petitioner shall create a four-sided building (architecturally can be viewed
from all four sides and to be reviewed and approved by staff prior to issuance
of building permit).
7) Petitioner shall provide a pedestrian connection to the existing sidewalk along
University Avenue NE and 5t" Avenue NE.
Commissioner Jones asked if the rear yard setback variance will present a problem as
far as restricting access for fire and emergency vehicles. He also asked if this variance
would limit the options for the commercial building immediately west of this site.
CITY OF FRIDLEY APPEALS COMMISSION MEETING JUNE 22, 2005 Page 4 of 6
Ms. Jones responded that the area is so open she does not anticipate there would be
any problems. Typically a 20 foot drive aisle is preferred by emergency vehicles so this
would more than meet that need.
Commissioner Sielaff asked if the footprint for the CVS Pharmacy will be the same as
the Cattle Company structure.
Commissioner Jones asked the size of the Walgreen's building on University. He
explained he's asking because Walgreen's has a lot of parking space that never gets
used.
Ms. Jones stated staff did note quite a few similarities between the CVS proposal and
the Walgreen's location and they have noted there is a lot of open parking area.
Mr. Hickok stated the Walgreen's is just under 15,000 square feet and the CVS building
is 12,900 square feet.
Chairperson Kuechle asked if the access to this site from 57t" is a public right-of-way or
private property.
Ms. Jones stated it is her understanding that is private property with a shared drive
access agreement.
Jim LaValle, representing the petitioner Velmeir Companies, concurred with Ms. Jones'
statement and further explained that the right-of-way extends 20 feet to the south which
would ensure that the fire lines will remain open for future development. He reviewed
the site plan for this proposal. As Ms. Jones noted, they have worked to minimize their
variance requests while providing a wonderful redevelopment project. The proposed
store has a drive-thru window on the outside southwest corner of the building. In
development of this project, the petitioner would like to work with MNDOT and City staff
to improve the right-of-way landscaping on University Avenue to their property line and
incorporate a pedestrian movement out to the corner with an attractive bus shelter. He
then reviewed the traffic flow through their site. He added that they have increased their
curb cut areas to allow safe circulation of the trucks making deliveries to this site as well
as emergency vehicles. The Cattle Company building will be demolished and the CVS
Pharmacy will sit on the site a little differently. On the building setback variance, the
parking lot currently encroaches to the north 8 to 10 feet more than it will after
redevelopment.
Commissioner Kuechle asked if the petitioner has any concerns regarding the
stipulations recommended by staff.
Mr. LaValle responded the petitioner has no objections. He then stated when they met
with staff about 60 days ago. The importance of this corner to the University Avenue
corridor and the City of Fridley was referenced. Their original application included just a
CITY OF FRIDLEY APPEALS COMMISSION MEETING JUNE 22, 2005 Page 5 of 6
blank wall to the west and south. What they now propose to do is increase the
architectural elements on the south and west wall, increase the masonry and install
windows to give it a four-sided look. They are willing to work with staff on the
refinements of this to make it a building the community can be proud of.
Commissioner Sielaff asked for clarification of the traffic flow to the drive-thru window.
Mr. LaValle stated there will be signs and striping to restrict traffic on the southwest
corner to exit only from the drive-thru window. The access on the south side near the
east corner can be used as ingress or egress.
Commissioner Zinter asked what they anticipate the highest number of parking spaces
required would be for this site.
Mr. LaValle stated traffic studies on different sites indicate that at the peak hours with a
full staff of employees there would be a need for approximately 65 parking spaces.
MOTION by Commissioner Jones, seconded by Commissioner Zinter, to close the
public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED
THE PUBLIC HEARING CLOSED AT 8:24 PM.
Commissioner Zinter stated that given the large amount of parking space with lots of
room he would be supportive of the setback variance.
Commissioner Jones stated there appears to be adequate space for emergency
vehicles and it does not appear the setback variance would impact adjoining
commercial buildings.
MOTION by Commissioner Zinter, seconded by Commissioner Jones, to recommend
approval of the rear yard setback portion of VAR #05-11.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED
THE MOTION CARRIED UNANIMOUSLY.
Commissioner Jones commented that he doesn't think the parking variance is quite the
same as the Target request as Target presented a detailed analysis of their traffic and
parking needs. However, he has never observed a parking problem at the Walgreen's
lot which is very similar to this proposal. Also, the petitioner is in business to make
money so he doesn't believe they would short-change themselves on the parking.
Another point is that there is plenty of parking available because it's located in a retail
shopping area.
CITY OF FRIDLEY APPEALS COMMISSION MEETING JUNE 22, 2005 Page 6 of 6
Commissioner Sielaff commented that the City is looking at revising the parking ratios
anyway and this petitioner is not asking for that great of a reduction in parking
requirements.
Commissioner Zinter stated he is in support of the proposed reduction in parking.
Chairperson Kuechle commented there is already so much asphalt in that area it "goes
against the grain" to require that this petitioner put in more parking than is needed.
MOTION by Commissioner Jones, seconded by Commissioner Sielaff, to recommend
approval of the reduced number of required parking stalls portion of VAR #05-11.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED
THE MOTION CARRIED UNANIMOUSLY.
2. Update on Planning Commission and City Council Actions
Ms. Jones stated there were a lot of items at the last Council meeting on June 13.
There was a great deal of discussion on the Spring Valley Estates proposal and a replat
of property to create four new lots for the construction of two new twin homes. The
variance request for Target considered by the Appeals Commission at their last meeting
will be on the Council's June 27t" agenda.
ADJOURN:
MOTION by Commissioner Jones, seconded by Commissioner Zinter, to adjourn.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED
THE MOTION CARRIED UNANIMOUSLY.
Respectfully submitted by,
Rebecca Brazys
Recording Secretary
�
�
CffY OF
FRIDLEI'
T�:
FROM:
DATE:
SUBJECT:
AGENDA ITEM
CITY COUNCIL MEETING OF JULY 11, 2005
William W. Burns, City Manager
Jon Fi. Fiaukaas, Public Works Director
July 7, 2005
Locke Park Filter Plant Improvement, Project I`lo. 364
PW05-043
We have been working with Bonestroo Rosene Anderlik 8� Associates (BRA� to put together a
preliminary design report for the scheduled improvements to the Locke Park filter plant. This
work has been scheduled in the Capital Improvement Program and funding for the design and
construction of the improvements is part of the recently completed Water Enterprise Fund bond
sale. �200,000 was budgeted for this project. These improvements include a new roof, repairs
to the brick work, and repairs to the support members for the precast wall panels.
BRAA has provided us with four options and preliminary cost estimates to complete the repair
of the damaged precast concrete wall panels. Based on this report, we feel the best approach
will be to replace the existing damaged precast concrete wall panels with an EIFS system to
match the existing building. Their construction estimate of this work is �97,500.
The design work is estimated at �10,100. They expect to bill reimbursable expenses up to an
additional �125 for mileage and �1,000 for printing/postage/reproduction of the bid and
construction documents.
Recommend the City Council award a design contract to Bonestroo Rosene Anderlik 8�
Associates of St. Paul, MI`i, for the Locke Park Filter Plant Improvement for a not-to-exceed fee
of �ll,225.
Jtiti:cz
Attachment
� Bonestroo
o Rosene
�Anderlik &
Associa#es
�
Engineers & Architects
June 1, 2005
2335 West Highw�y 36 � St. Paul, MN 55113
Office: 651-636-4600 • Fax: 651-636-1311
www.bonest�oo.com
�-
Mr. Jon Haukaas, Public Works Director/City Engineer
City of Fridley
6431 University Avenue NE
Fridley, MN 55432
Re: Locke Pazk Water Treatment Plant Improvements
Design Fee Proposal — File No. M00545-05001-0
Preliminary Cost Estimate Proposal
Deaz Mr. Haukaas:
.
�
Thank you for the opportunity to submit a design fee proposal to pravide professional design
services for the improvements to the Locke Park Water Treatment Plant. I had the pleasure to
meet with Jim Saeflce on Thursday, May 26, 2Q05 at the Plant to review the current condition of
the building and discuss the options for repair/replacement of portions of the exterior of the
building where necessary. ,
We understand the scope of this project will include the following:
• Provide architectural, structural, mechanical, and electrical drawings as necessary to
define the extent of repair/replacement necessary to stabilize the building envelope based
on one of the four options listed below.
• The extent of repairs will include, but not necessarily be limited to: .
a. Replacement of the existing roofing system and metal fascia with a new built-up
roofing system and new metal fascia at the roof edge. • _
b. Replacement of damaged face brick.
a Tuckpointing damaged mortar joints at face brick.
d. Repairheplacement of steel lintels and/or framing supporting the precast concrete
wa11 panels.
e. Cleaning of face brick.
• Provide preliminary construction cost estimates for tk�e four options of repair/replacement
of the existing precast concrete wall panels at the south, west and north sides of the
building.
We would like to suggest the following four options for repair/replacement of the existing
precast concrete wall panels:
Option No. 1: Replace the existing damaged precast concrete wall panels with new precast
concrete wall panels to match existing. Re-caulk all joints. �/ 09,�00
St. Paul, St. Cioud, Roches�e� MN ■ Milwaukee, WI • Chicago, IL
Aitlrmative Actfon/Equsl Opportunity Employer a�d Empioyee Ownpd
Mr. Jon Haukaas, Public Works Director/Ciry Engineer
City ofFridley
June 1, 2005
Page 2
Option No. 2: Replace the existing damaged precast concrete wall panels with new EIFS system
to match profile and color of the existing precast concrete wall panels. � g�, �O
Option No. 3: Replace the existing damaged precast concrete wall panels with new face brick in
a color to be selected by the Owner. `# `j 8, �o�
Option No. 4: Replace the existing damaged precast concrete wall panels with new rock-faced
concrete block veneer units in a color to be selected by the Owner. ��I �, /oc�
The preliminary construction cost estimates for these options are attached to this letter.
Based on the current extent of water-related damage to the existing precast concrete wall panels
and to the face brick, we would strongly encourage the City of Fridley to consider hiring a
company, such as BRC (Building Restoration Corporation) to do selective demolition at a couple
of locations on the building to determine the current condition of the wall ties securing the face
brick to the back-up material, to deternune the current condition of the existing back-up
materials from the cavity side, and to determine the current condition of the supporting steel
lintels and/or framing at the precast wa11 panels.
Attached to this letter is Appendix A listing our Basic Services for this project. Those services
listed in the Appendix which are not included in the Basic Services can be provided as an
additional service based on our Standard Billing Rate Schedule which is atta.ched as Appendix B.
We propose to provide the services defined above for the lump sum fee of $10,100.00.
In addition to this fee, we estimate our reimbursable expenses will be approximately $125.00 for
mileage and approximately $1,000.00 for printing/postage/reproduction.
Upon approval of this agreement, we will schedule the project start-up meeting with the intent to
have this project ready for bidding within 90 days.
We appreciate this opportunity to provide service to the City of Fridley and look forward to
working with you on this project. Please contact me at (651-604-4849) with any questions or
concerns. �
Sincerely,
BONESTROO ROSENE, ANDERLIK & ASSOCIATES, INC.
�
Bruce P. Paulson, A.I.A.
Project Architect
Attachments
CC: MTR, GFU, DAT, PJC
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FRIDLEY
TO:
FROM:
DATE:
SUBJECT
AGENDA ITEM
CITY COUNCIL MEETING OF JULY 11, 2005
Wiiiiam W. Burns, City Manager�
� �
�
Jon t1. liaukaas, Public Works Director
July 6, 2005
Infiltration Pond for ST 2005 in Jay Park
PW05-042
On June 7, 2005 a neighborhood meeting was held to discuss the pending street
reconsh-uction project and to hear a presentation by the Rice Creek Watershed Dish-ict on rain
gardens. Those in attendance were enthused about the idea and quite supportive. A packet of
information, including color renderings of what the final product of a large rain garden
infiltration basin in Jay Park might look like, was sent to the neighborhood after this meeting.
That packet also included information on rain gardens for individual properties. At {east a half
dozen properties have requested the Rice Creek Watershed District cost share with them for
installation of rain gardens.
The Parks and Recreation Commission reviewed this proposal at a meeting on June 27, 2005.
They voted that they could not support the taking of green space park land for a rain garden.
The Commission wanted more "prooP that the neighborhood was in agreement with this
proposal.
As this is the most economical solution and the neighborhood has been involved and informed
about this as much as possible, we are still recommending the City Council approve this plan.
Request the City Council pass a motion approving the creation of a rain garden infiltration
basin in Jay Park for storm water treatment requirements associated with the reconstruction of
the streets in the Rice Creek Plaza South neighborhood.
Jtlti:cz
47
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Como Park
• SE Quadrant of Lexington Parkway and
Nebraska Ave, St. Paul
• 694 East to Snelling Ave South to Hwy
36 East, take Lexington Avenue exit,
right on Leacington to Nebraska Ave.
• Receives runoff from an intercepted
storm sewer line.
Hugo City Ha//
• 5524 Upper 146th St. N, Hugo
• 694 East to 35E north, right on Main
St. (Hwy 14), left on Finley Ave, right
on Upper 146th St.
• Three raingardens surrounding the
building that receive runoff from the
roof and parking lot.
�wede Ho/%w
• Near 725 E 7th Street, St. Paul
• 694 East to 35E South to the Mounds
Blvd. exit, take a left on Mounds Blvd.
and the raingarden is on your left hand
side adjacent to the Swede Hollow
Cafe.
• Receives runofF from the street and
roof.
Lino Lakes City Ha//
• 600 Town Center Pkwy, Lino Lakes
• 35W North to the 2�d Lake Drive exit,
right on Lake Drive, left on Town
Center Pkwy
• Located south of Pkwy, west of city hall
parking lot.
• Receives runoff from the street.
49 1
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Thompson Lake Park
• West St. Paul
• 694 East to 35E South to Hwy. 52
South to Butler Avenue, take right on
Butler and left on Strassen Lane.
• Receives runofF from the county
parking fot.
Math & Science Acaderr�y
• 8430 Woodbury Crossing, Woodbury
• 694 East to 494 South to the Valley
Creek Rd exit, left on Valley Ck Rd,
right on Radio Dr, left on Afton Rd and
right on Woodbury Crossing.
• Receives runoff from the adjacent
parking iot.
�lniversity ofMinnesota,
Landscape Arboretum
• 3675 Arboretum Drive, Chaska �
• 694 West to 494 South to Highway 5
west.
• Receives runoff from the surrounding
parking fot.
H, B. Fu//er Company
• 1200 Willow Lake Blvd, Vadnais
Heights
• 694 East to 35E North, right on Co Rd
E, right on Labore Rd, left on Willow
Lake Blvd, and right on Fuller Way.
• Several raingardens receive runoff from
the surrounding parking lots.
50 �
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City of Burnsville
� For location information and touring protocol,
please contact Leslie Yetka at 952-895-
4518.
• For additional information visit:
http://www. landandwater.com/features/vol4
8no5/vol48no5_2. html
• The following photographs were provided by
the University of Minnesota, Extension
Service.
51
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City of Maplewood
• To tour these raingardens, obtain location
maps, photos and additional information
regarding the City of Maplewood's raingarden
program, please visit the city's web site:
http://www.ci.maplewood.mn.us/index.asp?T
ype= B_BASIC&SEC={F2C03470-D6B5-4572-
98F0-F79819643C2A}
• You may also contact Virginia Gaynor at 651-
249-2180 .
52
�
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�� Estimated Typical Cost
_ __ __
� TYPICAL UN{T RESPONSIBLE
� ITEM UNITS QUANTITY" COST PARTY COST I
� Excavation
.�
� Soil Amendment
� Curb Cut
� Perennial (3.S" Pot)
� Shrub (No. 3 Pot)
� Shredded Wood Fiber Mulch
� Dry-Stacked Retaing Wall (4" Lannon
�
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� ` Based on a 15x25 SF raingarden ,
�Q "Not.requiredfw.alf_instailatio�s
�
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CY 40.00 $3.25 CR
CY 20.00 $10.00 Cit
Each 10.00 $25.00 Cit
Each SO.DO $3.50 Owner/RCWD
Each 5.00 $20.00 Owner / RCWD
CY 3.00 $35.00 Owner / RCWD
imestone)" Face Foot 25.00 $32.00 Owner / RCWD
TOTAL
. ._. . ._.. .
City Subtotal�
Owner/ Watershed �istrict Cost-Sha�e Subtotail
53
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- Jay Park Raingarden
Concept Plan
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Proposed Trail, Seating,
and Interpretive Signage
Shrub Hedge Creates Barrier
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Tot Lot
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� AGENDA ITEM
��F CITY COUNCIL MEETING OF JULY 11, 2005
FRIDLEY
INFORMAL STATUS REPORTS