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03/29/2010 - 4562� � �ff1' 4F FRIDLE7` CITY COUNCIL MEETING OF MARCH 29, 2010 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. (TTD/572-3534) PLEDGE OF ALLEGIANCE. PRESENTATION: Sanitary Sewer Services APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of March 8, 2010 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 1 Receive the Minutes from the Planning Commission Meeting of March 17, 2010 ............................................................................... `QiEc3 2. First Reading of an Ordinance Amending Chapter 214, Signs, Pertaining to Political Signs .................................................................... 14 - 15 FRIDLEY CITY COUNCIL MEETING OF MARCH 29, 2010 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 3. Receive Bids and Award Contract for the 2010 Miscellaneous Concrete Repair Project No. 395 ............................................... 16 - 17 4. Receive Bids and Award Contract for the 2010 Street Improvement Project No. ST. 2010-1 ...................................................... 18 - 22 5. Receive Bids and Award Contract for the 2010 Cooperative Street Maintenance Contract, Project No. ST2010-10 ....................................................................... 23 - 24 6. Approve 2010 Reappointments to City Commissions..................................................................................................... 25 - 26 7. Claims ....................................................................................................... 27 8. Licenses ....................................................................................................... 28 - 35 ADOPTION OF AGENDA: OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes. FRIDLEY CITY COUNCIL MEETING OF MARCH 29, 2010 PAGE 3 NEW BUSINESS: 9. Consideration of a General Plan for Development Agreement between the City of Fridley and T-L Fridley LLC for the Redevelopment of the Site Generally Located at 244, 246, 248 and 250 — 57tn Avenue N. E. (Ward 3) ......................................................................................... 36 - 46 OLD BUSINESS: 10. Second Reading of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA #10-01, by Tri-Land Properties, Inc., to Rezone Property from C-3, General Shopping, to Planned Unit Development Zoning, for the Redevelopment of the Site Generally Located at 244, 246, 248 and 250 — 57t" Avenue N.E.) (Ward 3) (Tabled March 8, 2010) .................................................................... 47 - 62 NEW BUSINESS: 11. First Reading of an Ordinance Amending Chapter 30, Lawful Gambling, of the Fridley City Code, Defining Licensed Organizations ................................................... 63 - 65 12. Special Use Permit Request, SP #10-03, by Blue Water Properties, to Allow Limited Outdoor Storage on the Property, Generally Located at 7685 Main Street N.E.; and Resolution Approving Special Use Permit, SP #10-03, for Blue Water Properties, 7685 Main Street N.E. (Ward 3) ..................................................................................... 66 - 73 FRIDLEY CITY COUNCIL MEETING OF MARCH 29, 2010 PAGE 4 NEW BUSINESS (CONTINUED): 13. Special Use Permit Request, SP #10-04, by Collins Electrical Systems on Behalf of Holiday Station Stores, to Allow an Electronic Message Sign on the Existing Free-Standing Sign at the Holiday Gas Station, Generally Located at 200 — 57t" Avenue N.E.; and Resolution Approving Special Use Permit, SP #10-04, for Collins Electrical Systems on Behalf Holiday Station Stores, the Property Owner of 200 — 57t" Avenue N. E. (Ward 3) .................................................... 74 - 80 14. Special Use Permit Request, SP #10-05, by Crysteel Truck Equipment, to Allow Limited Outdoor Storage on the Property, Generally Located at 1130 — 73rd Avenue N.E.; and Resolution Approving Special Use Permit, SP #10-05, for Crysteel Truck Equipment, 1130 — 73rd Avenue N. E. (Ward 2) .................................................................. 81 - 89 15. Special Use Permit Request, SP #10-06, by Crysteel Truck Equipment on Behalf of Hydraulic Specialty Co., to Allow Limited Outdoor Storage on the Property, Generally Located at 1131 — 72nd Avenue N.E.; and Resolution Approving Special Use Permit, SP #10-06, for Hydraulic Specialty Co., 1131 — 72nd Avenue N. E. (Ward 2) ................................................................. 90 - 97 16. Informal Status Reports ..................................................................................... 98 ADJOURN. CITY COUNCIL MEETING CITY OF FRIDLEY MARCH 8, 2010 The City Council meeting for the City of Fridley was called to order by Mayor Pro Tem Barnette at 7:30 p.m. ROLL CALL: MEMBERS PRESENT: Mayor Pro Tem Barnette Councilmember Saefke Councilmember Varichak Councilmember Bolkcom MEMBERS ABSENT: Mayor Lund OTHERS PRESENT: William Burns, City Manager Fritz Knaak, City Attorney Scott Hickok, Community Development Director Robert Rewitzer, Captain, Police Department Siah St. Clair, Springbrook Nature Center Charles Howley, HTPO 7ustin Komarek, Wal-Mart Usunobun Osagie, HTPO PROCLAMATION: Minnesota FoodShare Month — March 2010 PRESENTATION: Springbrook Day Nature Camps APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of February 22, 2010 Councilmember Saefke pointed out on page 16, the last line of the last paragraph in which Mayor Lund was speaking should read, "He understands why the County should not be assessed." APPROVED AS CORRECTED. FRIDLEY CITY COUNCIL MEETING OF MARCH 8, 2010 PAGE 2 NEW BUSINESS: 1. Receive the Planning Commission Meeting Minutes of February 17, 2010. Councilmember Varichak pointed out on page 4, the very last line, it appeared a word was missing. Scott Hickok, Community Development Director, stated the line should read, "...because the main entrance to the building will be moved over to the east." APPROVED AS CORRECTED. 2. Final Plat Request, P.S. #09-05, by Premier FMC, LLC, on Behalf of Unity Hospital, to Replat Property to Allow the Creation of a New Lot to Allow for the Construction of a new Medical Clinic/Office Building, Generally Located at Osborne Road and Fifth Street (Ward 1). William Burns, City Manager, stated Council held a public hearing on this request on November 4, 2009, and approved the request at their December 14 meeting. There has been no opposition to the plat from the public and no substantive changes made to the plat request since Council's December review. Staff recommends Council's approval of the Final Plat request subj ect to the following 19 stipulations: 1. Any existing easements on the subject property (parking, drainage, access, etc.) shall be filed upon final plat approval. 2. New cross parking agreements shall be established and filed between Fridley Medical Center, Unity Hospital and the Unity Professional Building upon final plat approval. 3. The petitioner shall pay park dedication fee of $35,065.00 upon issuance of a building permit for the proposed medical office clinic. 4. The petitioner shall obtain all necessary permits prior to construction. 5. The proposed building shall meet all building, fire, and ADA requirements. 6. City engineering staff to review and approve grading and drainage plan prior to issuance of a building permit. 7. Landscape and irrigation plan to meet code requirements shall be reviewed and approved by City staff prior to issuance of building permit. 8. The subject property shall be maintained free of any and all construction litter. All construction materials shall be properly managed on site to avoid neighborhood impacts. FRIDLEY CITY COUNCIL MEETING OF MARCH 8, 2010 PAGE 3 9. Construction vehicles shall not bring materials before 7:00 a.m. or after 9:00 p.m. Monday through Friday and 9:00 a.m. to 9:00 p.m. on Saturdays. 10. Future additions/expansions on this site shall be reviewed by City staff and a determination shall be made regarding the need for a strategic plan for structured parking. If sufficient additional parking is required based on the addition, a structured parking plan will be required. 11. Pedestrian crosswalks shall be established to accommodate safe pedestrian movement between the hospital, professional building and new medical clinic building. 12. The petitioner shall provide 5 ft. easement and sidewalk along Sth Street, Lyric Lane, and Madison Street. Design and placement shall be reviewed by the City's engineering staff. [Staff recommends] Installation of Sth Street sidewalk in 2010 with proposed project, installation of Lyric Lane sidewalk in 2011 and installation of Madison Street sidewalk in 2012. 13. The petitioner shall receive Rice Creek Watershed District approvals prior to issuance of a building permit. 14. The petitioner shall comply with any requirements set forth by Anoka County Highway Department. 15. The petitioner shall obtain a permit from Anoka County for any work done within the County right-of-way. 16. No signs shall be located within the County right-of-way. Any planting within the right- of-way shall be approved by the County prior to planting. 17. Stormwater management maintenance agreement shall be filed with the City prior to issuance of building permits. 18. The petitioner shall agree to preserve mature trees to the extent possible. All trees required to be removed for the proposed medical clinic or parking shall be marked and approved by City staff prior to the issuance of building permits. 19. The petitioner shall screen parking areas from the public right-of-way by a continuous earth berm with slopes no greater than 3:1 and a minimum of three (3) feet in height with a combination of landscaping. ADOPTED RESOLUTION NO. 2010-17. 3. Receive Bids and Award Contract for the 2010 Sanitary Sewer Lining Project No. 394. FRIDLEY CITY COUNCIL MEETING OF MARCH 8, 2010 PAGE 4 William Burns, City Manager, stated this year's lining will encompass about a mile of existing sanitary sewers in two locations. The locations were selected by the City's Public Works Director and Sewer Maintenance Supervisor based upon the age of the pipes and past inflow and infiltration problems. They include the lining of 4,193 feet of 15-inch vitrified clay pipe on the west side of University Avenue between Rice Creek Terrace and 61st Avenue. The City is also lining 1,025 feet of 8-inch vitrified clay pipe along Stinson Boulevard between Gardena Avenue and 61st Avenue. Four bids were opened on March 3. Lametti and Sons provided the low bid in the amount of $159,472. This is well within the $185,000 included in this year's capital improvement budget for this work The work will take place between April 15 and September 15. Staff recommends Council's approval. RECEIVED BIDS AND AWARDED THE CONTRACT FOR THE 2010 SANITARY SEWER LINING PROJECT NO. 394 TO LAMETTI & SONS, INC., IN THE AMOUNT OF $159,472.00. 4. Resolution in Support of an Application to Conduct Off-Site Gambling by the Lions Club of Fridley at Commons Park and Community Park from June 24 to June 27, 2010, During the Fridley `49er Days Events. Dr. Burns stated the Lions are asking to conduct pull tab sales during softball tournaments at Commons Park and Community Park during '49er Days. The premise permit would be effective from June 24 to June 27, 2010. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2010-18. 5. Claims (145258 —145401) APPROVED. 6. Licenses APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. 7. Estimates Ron Kassa Construction 6005 East 250th Street Elko, MN 55020-9447 2009 Miscellaneous Concrete Repair FINAL ESTIMATE .....................................$ 3,425.27 APPROVED. FRIDLEY CITY COUNCIL MEETING OF MARCH 8, 2010 PAGE 5 APPROVAL OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Bolkcom to approve the consent agenda as presented. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF THE AGENDA: MOTION by Councilmember Bolkcom to approve the agenda. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM: No items presented. OLD BUSINESS: 8. Second Reading of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA #10-01, by Tri-Land Properties, Inc., to Rezone Property from C-3, General Shopping, to Planned Unit Development Zoning, for the Redevelopment of the Site Generally Located at 244, 246, 248 and 250 — 57t'' Avenue N.E. (Ward 3). Scott Hickok, Community Development Director, said the development agreement in this matter needs to be approved before the second reading. The development agreement is not yet finished. Staff recommends that Council table this item. They anticipate that both the development agreement and the second reading will be on the agenda for the next Council meeting. MOTION by Councilmember Bolkcom to table this item to the March 29, 2010, Council meeting. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY. 9. Approve Contract for Towing, Impounding and Storage of Motor Vehicles between the City of Fridley and Schmit Towing, Inc. Robert Rewitzer, Captain, Fridley Police Department, stated a comprehensive evaluation of vendors to provide towing, impounding, and storage of motor vehicles for the City was conducted. Based upon a thorough review of responses received from vendors and site inspections, staff recommends a contract with Schmit Towing located in Fridley. FRIDLEY CITY COUNCIL MEETING OF MARCH 8, 2010 PAGE 6 Captain Rewitzer stated the Police Department has contracted with Shorty's Towing for the provision of towing and vehicle impound services for many years. The towing contract was last reviewed in 2004, and the decision was made to retain the services of Shorty's Towing. Five years had elapsed since that last review so a comprehensive review of the service contract was initiated. A request for proposals was prepared outlining the requirements for 24-hour motor vehicle towing, impounding, and storage services for the City. The RFP was published in the League of Minnesota Cities marketplace and was mailed to tow service vendors that had previously contacted the Department. Responses were received from 11 vendors. Data from each of the RFP responses was transcribed to a matrix in order to permit quality of evaluation based on the identified factors in relative order of importance of service, security in facilities, qualifications, experience, and costs. The matrices with the vendor identification removed were reviewed and evaluated by 14 staff inembers from Police, Fire, Public Works Engineering, and Community Development. Site inspections were conducted with the top three vendors. Captain Rewitzer stated it was the firm conclusion of staff, based on the evaluation criteria, that Schmit Towing, located at 92 — 43rd Avenue in Fridley, would best meet the needs and requirements of the City. Schmit Towing was the only facility actually located in the City. The office and impound yard is only 3.1 miles from the municipal center. The transactions at the office are audio and video recorded, and Schmit Towing has agreed to make all notifications to vehicle owners and lien holders. Schmit Towing has sufficient equipment to handle City tow requests. Schmit Towing also has specialty equipment including water recovery capabilities. Captain Rewitzer stated regarding the evaluation criteria of security and facilities, Schmit Towing has adequate indoor and outdoor storage for City needs. Security includes fencing, motion alarm, video surveillance, and security lighting. The building was well maintained, the grounds were paved, the vehicles were stored in an orderly fashion, staff was uniformed, and the lobby area was neat and clean. Overall Schmit Towing exudes a professional appearance. Captain Rewitzer stated regarding the evaluation criteria of qualifications and experience, Schmit Towing is a family-owned business founded in 1983. Schmit Towing currently holds contracts with the Hennepin County Sheriff and State Patrol and, in previous years, held a contract with Minneapolis. As a Fridley-based business, Schmit Towing will make Fridley calls a priority. Background checks have been conducted on the staff at Schmit Towing. Captain Rewitzer stated Schmit Towing received the American Towman magazine ACE Award in 2008 and was a Better Business Bureau Integrity Award nominee in 2008 and a finalist in 2009. Regarding the evaluation criteria of costs, Schmit Towing's fees appear reasonable and customary, and there will be no charge for tows or roadside assistance for police squads. Captain Rewitzer stated in their proposal, Schmit Towing's owner, Steve Schmit, stated the following: "We understand that we will be representing the City of Fridley and its Police Department under this contract. Schmit Towing can assure you that our drivers are uniformed, well groomed, polite, and trained. Our equipment is in good condition, clean, and updated; and our facility is well-lit, clean, secure, and non-intimidating." Captain Rewitzer stated in conclusion, staff is satisfied that Schmit Towing meets or exceeds FRIDLEY CITY COUNCIL MEETING OF MARCH 8, 2010 PAGE 7 the requirements specified in the RFP. A contract has been negotiated, and the City Attorney has reviewed and approved it as to form. Staff recommends Council's approval. Councilmember Saefke asked regarding the price list for towing, etc., presumably that is for the owner of the vehicle and the City does not pay that? Captain Rewitzer replied, that is correct. There is very little that the City actually has as far as fees to Schmit. Typically there may be costs on forfeitures, but those costs are recouped when the City either auctions the vehicle off or it is returned to the owner. Councilmember Saefke said typically, there is a lien against that vehicle until those towing and storage fees have been paid? Captain Rewitzer replied, right. Councilmember Saefke stated the fees seemed quite reasonable to him. Councilmember Bolkcom referred to page 21, the first line under "Equipment." It all seems to run together and seems it should be almost two sentences. One related to any of the City vehicles and the other one related to any other vehicles that we, as a City staff, designate. Fritz Knaak, City Attorney, stated actually the most important part is the second part of that sentence which is the vehicle released, as far as the City is concerned, those vehicles that are designated to be towed are towed. The smaller part of that is really the City vehicles themselves. The language is clear enough. MOTION by Councilmember Bolkcom to approve the Contract for Towing, Impounding and Storage of Motor Vehicles between the City of Fridley and Schmit Towing, Inc. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY. 10. Preliminary Plat Request, P.S. #10-01 by Hansen Thorp Pellinen Olson, Inc., on Behalf of Wal-Mart to Allow the Creation of a New Lot to be Located on the North Side of the Property, Generally Located at 8450 University Avenue N.E. (Ward 3). 11. Special Use Permit Request, SP #10-02, by Hansen Thorp Pellinen Olson, Inc., on Behalf of Wal-Mart, to Allow the Relocation of the Existing Garden Center from the East Side of the Existing Building to the Northwest Side of the Building, Generally Located at 8450 University Avenue N.E. and Resolution Approving Special Use Permit, SP #10-02, for Wal-Mart, Generally Located at 4850 University Avenue N.E. (Ward 3). FRIDLEY CITY COUNCIL MEETING OF MARCH 8, 2010 PAGE 8 Scott Hickok, Community Development Director, stated petitioner is requesting a preliminary plat to create a new parcel on the north side of the subject property. A special use permit is also being sought for the garden center to be relocated. The property is zoned C-2, General Business. It is located south of 85th Avenue along the University Avenue Service Drive on the west side of University Avenue. The property was platted in 1992, just prior to Wal-Mart's original store construction. A special use permit was issued in 1992 to allow construction of a garden center. That special use permit was modified in both 1994 and 1999 to allow expansions of that garden center. Mr. Hickok stated the petitioner is seeking to replat the property to allow for the creation of a new parcel along the north side of the property. The proposed replat will consist of two lots, Lot 1, Block 1, and Outlot A, Wal-Mart in Fridley 2nd Addition. Proposed Lot 1 will be 19.25 acres in size and Outlot A will be 1.36 acres in size. The General Business zoning district requires a minimum lot area of 20,000 square feet. Mr. Hickok stated staff has stipulated that the new outlot receive access from the e�sting Wal-Mart site and will require that a shared parking easement be established between the two properties. Mr. Hickok stated garden centers and nurseries are permitted special uses in a C-2 district subj ect to stipulations. The property currently has a special use permit for a garden center, and modifications to that garden center require Planning Commission review and City Council approval. The petitioner is proposing to relocate the e�sting garden center from the east side of the building to the northwest corner of the building. The garden center will also be reduced in size from 11,221 square feet to 3,680 square feet. Mr. Hickok stated relocating the garden center on this site is just a portion of the work that is being proposed for the property. The entire store will be remodeled by adding two receiving dock doors at the southeast corner of the building, relocating the entrance vestibule, changing the store branding on the front elevation, adding a grocery component, and reconstructing areas of the site immediately adjacent to the building. Mr. Hickok stated a 456 square foot addition will be constructed to the vestibule area that will bring the total square footage of the building to 121,191 square feet. The remodel will also allow Wal-Mart the chance to make some other improvements to the site. Those include reconstructing the front drive aisle access point with the University Avenue Service Drive entrance, adding a sidewalk along the west side of the University Service Drive to connect the sidewalk at Banfill Crossings, adding a crosswalk connection to the existing bituminous trails on the east side of the University Avenue Service Drive, removing access parking on the north side of the building to create an outlot for future developments, and allow the installation of new landscaped islands in the parking lot. Mr. Hickok stated City Code requires that the project have 553 parking stalls. The current site has 741 parking stalls. With the creation of the new outlot and some landscaping islands, the subject property will have 576 parking stalls which is still above what Code would require. The proposed relocation of the garden center and building expansion meets lot coverage and setback FRIDLEY CITY COUNCIL MEETING OF MARCH 8, 2010 PAGE 9 requirements. The new garden center will be constructed using decorative block and wrought iron fence. The decorative block and the building will be painted. Mr. Hickok stated City Code requires that a 5-foot sidewalk easement be provided along all property lines when a commercial property is adjacent to a public right-of-way or across from residential. The City Council may allow the petitioner to delay installation of the sidewalk if the petitioner signs an agreement that they will be constructing that sidewalk when the City requires that installation. Staff has discussed with the petitioner at length, since this report was written, that they would like to construct the sidewalk as part of this construction project. They would like to do it at a 6-foot width within the right-of-way along the west side of that Service Drive. Staff has looked at the landscape plan and the berming along there, and it has had plenty of years to mature and to grow and look very nice. Staff concurs that the sidewalk adj acent to the roadway in the right-of-way would be better than easement on their property which would then take out their berming and landscaping. That is a variation to the standard outline in the Code, but staff recommends that is a better alternative than to rework their landscape in an area where it would be hard to replace it. Staff will stipulate that sidewalk be installed by September 2010 in this recommendation. Mr. Hickok stated regarding concerns about additional deliveries and noise as a result of the two docks doors added, a store like Wal-Mart or a grocery store is permitted by right in the C-2 zoning district. It is only the garden center that requires an SUP. Mr. Hickok stated regarding the visibility concerns coming out of the garage, south of this property, at the senior building. Staff has made several site visits and determined there is at least one tree that is causing a vision safety issue that will need to be removed. There may be as many as three evergreen trees that are closest to the roadway that now cause people in the senior building to need to almost pull out into the roadway before they see what is coming south. Staff will work with the petitioner to resolve that issue. Mr. Hickok stated staff recommends approval of the preliminary plat request with stipulations. The proposed lots meet the minimum standards, and staff sees no cause not to recommend approval. Staff also recommends approval of the special use permit with the following stipulations: 1. A shared access agreement using Wal-Mart's existing access points shall be established and filed at Anoka County between Wal-Mart and Outlot A upon final plat approval. 2. Cross parking agreements shall be established and filed between Wal-Mart and Outlot A upon final plat approval. 3. The petitioner or applicant shall pay park dedication fee for Outlot A of $1,363.35 upon issuance of a building permit for a building for Outlot A. 4. The petitioner shall obtain all necessary permits prior to construction. 5. The proposed building shall meet all building, fire, and ADA requirements. 6. South side of building shall be painted using more than one color to break up the building and make it more compatible with the north side. 7. Garden Center materials shall be stored inside a permanent structure, attached to and architecturally compatible with the principal structure. FRIDLEY CITY COUNCIL MEETING OF MARCH 8, 2010 PAGE 10 8. Products containing chemical fertilizers, pesticides, or herbicides must be stored in a roofed and contained area where water runoff cannot reach the exterior landscape or storm sewer. 9. Floor drainage for garden center/nursery must protect storm and ground water sources by following Stormwater Best Management Practices (BMP's), including a stormwater pollution prevention plan. 10. No merchandise can be sold or displayed outside the garden center walls. 11. No off-season storage can occur in the outdoor sale area unless specified in the special use permit. 12. No intercom system shall be used in the garden center area. 13. Creation of the garden center shall not disrupt safe traffic flow through the site. 14. The petitioner shall install a screening wall at the SE corner of the building, 45 ft. in length. Screening walls shall be architecturally compatible with the principal building. 15. There shall be no storage of semi-trailers in the south concrete truck turnaround area. 16. The petitioner shall construct a 6 ft. sidewalk against the back of the curb along the University Avenue Service Drive to 85th Avenue. Design shall be reviewed by the City's engineering staff and installed by September 2011. 17. City Engineering staff to review and approve grading and drainage plan prior to issuance of a building permit. 18. Applicant shall submit the SWPPP to the City of Fridley for review and approval, which shall include BMP details. Approval to be prior to construction commencement. 19. The south and west stormwater detention areas shall be surveyed to determine whether their capacity allows performance of the stormwater management system as designed. Analysis to be provided to City of Fridley for approval. Work to restore capacity to initial development plans will be incorporated into construction, as needed. 20. Provide details and calculations for external grease trap to be approved by City of Fridley Engineering. Approval to be prior to construction commencement. Councilmember Bolkcom asked if the new docks were closer to Banfill Crossing. Mr. Hickok said they were not. There are two docks at the southeast corner of the building now and there will be two more docks. The two new docks will be closer to University Avenue. Staff thinks that by moving towards University Avenue, the noise will not project towards the building as much as it would towards University Avenue or the Service Drive. Councilmember Bolkcom asked regarding the trees being removed, would there be something going back in there for screening. Mr. Hickok replied looking at the landscape that area, it is almost a dense forest along the southern and eastern property line before you get into the opening that allows you into the dock area. The three trees staff is talking about are smaller trees, and they are closer to the road. The smaller ones have now filled out to the point where they are at the curb. You could take out as many as three of those trees out and not minimize the impact of the screening that is there. Councilmember Bolkcom asked what the width of the parking stalls was. FRIDLEY CITY COUNCIL MEETING OF MARCH 8, 2010 PAGE 11 Mr. Hickok replied, they have not asked for any deviation from the 10-foot standard. Councilmember Bolkcom asked regarding Stipulation No. 16, is that the correct one related to the sidewalk. Mr. Hickok replied, that is correct. Councilmember Bolkcom asked whether staff has heard anything else from either Springbrook Apartments or Banfill Crossing regarding this project. There was a gentleman at the Planning Commission meeting concerned about some of the trash issues. Mr. Hickok replied, beyond that, no. They have not had a lot of discussion from other property owners. Councilmember Varichak asked with the addition of the two loading docks, with the turn around and the truck traffic, is there enough there. Mr. Hickok replied, yes, there is. This might be one of the nicest dock areas in terms of screening, maneuverability, and overall functionality in Fridley. Councilmember Bolkcom asked she received a call last fall from a woman who had moved to Banfill Crossing recently and was concerned about some of the delivery noises (backing up to the docks). She asked whether they anticipate a lot more deliveries late at night. Charles Howley, HTPO Engineering, replied what a lot of people do not understand is for an existing store, when a truck comes now, it might be half full or a quarter full, and when adding more docks it does not mean you will get more trucks. The truck would just be more full and they will be more efficient in their deliveries. Dr. Burns stated he recalled at the time the store manager was very responsive. Justin Komarek, store manager of the Fridley Wal-Mart, stated in the last two years, their deliveries have become very efficient to where most of their deliveries happen before 8 p.m. Maybe 1 out of 100 deliveries will come between 10 p.m. and 1 a.m. and that is probably because of transportation issues. Also, now they will be getting in a complete trailer instead of a third of one. Councilmember Bolkcom asked about the trash. Mr. Komarek stated they have a third-party company who sweeps the parking lot seven days a week They also do weekly and daily tours of the parking lot. Sometimes they have to increase that frequency themselves. That is something they are very aware o£ Especially now with the spring melt, that will be a daily routine. Also the fence that runs along the west side of the property, it has three rows and had about a foot and one half of space in various locations. Through the request of the City they had that lowered last year which has helped to keep the trash from blowing over into the Springbrook area. FRIDLEY CITY COUNCIL MEETING OF MARCH 8, 2010 PAGE 12 Councilmember Saefke asked with the increase of the square footage and the reduction of the parking spots, do they find any problems that might incur because of the reduction in the parking. Mr. Howley replied Wal-Mart has an internal number of parking stalls they like for all their stores and it is 5 stalls for every 1,000 square feet which is why they have more than what the Code is saying they should have. The increase in square feet is so minor it is not going to create more additional parking problems. It is actually vestibule square feet, not sales floor square feet. William Burns, City Manager, stated they are going to enlarge the grocery store to at least half the building. He asked what would go in terms of inerchandise. Usunobun Osagie, architect, replied Wal-Mart would conduct an inventory of the entire store. Based on the sales within the divisions, some of them will be eliminated. Councilmember Bolkcom asked the petitioner if they are in agreement with the stipulations. Mr. Howley nodded his head in agreement. MOTION by Councilmember Bolkcom to approve Plat Request, P.S. #10-01 by Hansen Thorp Pellinen Olson, Inc., on Behalf of Wal-Mart, with the following twenty stipulations: 1. A shared access agreement using Wal-Mart's existing access points shall be established and filed at Anoka County between Wal-Mart and Outlot A upon final plat approval. 2. Cross parking agreements shall be established and filed between Wal-Mart and Outlot A upon final plat approval. 3. The petitioner or applicant shall pay park dedication fee for Outlot A of $1,363.35 upon issuance of a building permit for a building for Outlot A. 4. The petitioner shall obtain all necessary permits prior to construction. 5. The proposed building shall meet all building, fire, and ADA requirements. 6. South side of building shall be painted using more than one color to break up the building and make it more compatible with the north side. 7. Garden Center materials shall be stored inside a permanent structure, attached to and architecturally compatible with the principal structure. 8. Products containing chemical fertilizers, pesticides, or herbicides must be stored in a roofed and contained area where water runoff cannot reach the exterior landscape or storm sewer. 9. Floor drainage for garden center/nursery must protect storm and ground water sources by following Stormwater Best Management Practices (BMP's), including a stormwater pollution prevention plan. 10. No merchandise can be sold or displayed outside the garden center walls. 11. No off-season storage can occur in the outdoor sale area unless specified in the special use permit. 12. No intercom system shall be used in the garden center area. 13. Creation of the garden center shall not disrupt safe traffic flow through the site. FRIDLEY CITY COUNCIL MEETING OF MARCH 8, 2010 PAGE 13 14. The petitioner shall install a screening wall at the SE corner of the building, 45 ft. in length. Screening walls shall be architecturally compatible with the principal building. 15. There shall be no storage of semi-trailers in the south concrete truck turnaround area. 16. The petitioner shall construct a 6 ft. sidewalk against the back of the curb along the University Avenue Service Drive to 85th Avenue. Design shall be reviewed by the City's engineering staff and installed by September 2011. 17. City Engineering staff to review and approve grading and drainage plan prior to issuance of a building permit. 18. Applicant shall submit the SWPPP to the City of Fridley for review and approval, which shall include BMP details. Approval to be prior to construction commencement. 19. The south and west stormwater detention areas shall be surveyed to determine whether their capacity allows performance of the stormwater management system as designed. Analysis to be provided to City of Fridley for approval. Work to restore capacity to initial development plans will be incorporated into construction, as needed. 20. Provide details and calculations for external grease trap to be approved by City of Fridley Engineering. Approval to be prior to construction commencement. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Bolkcom to approve approving Special Use Permit Request, SP #10-02, by Hansen Thorp Pellinen Olson, Inc., on behalf of Wal-Mart, with the following twenty stipulations: 1. A shared access agreement using Wal-Mart's existing access points shall be established and filed at Anoka County between Wal-Mart and Outlot A upon final plat approval. 2. Cross parking agreements shall be established and filed between Wal-Mart and Outlot A upon final plat approval. 3. The petitioner or applicant shall pay park dedication fee for Outlot A of $1,363.35 upon issuance of a building permit for a building for Outlot A. 4. The petitioner shall obtain all necessary permits prior to construction. 5. The proposed building shall meet all building, fire, and ADA requirements. 6. South side of building shall be painted using more than one color to break up the building and make it more compatible with the north side. 7. Garden Center materials shall be stored inside a permanent structure, attached to and architecturally compatible with the principal structure. 8. Products containing chemical fertilizers, pesticides, or herbicides must be stored in a roofed and contained area where water runoff cannot reach the exterior landscape or storm sewer. 9. Floor drainage for garden center/nursery must protect storm and ground water sources by following Stormwater Best Management Practices (BMP's), including a stormwater pollution prevention plan. 10. No merchandise can be sold or displayed outside the garden center walls. FRIDLEY CITY COUNCIL MEETING OF MARCH 8, 2010 PAGE 14 11. No off-season storage can occur in the outdoor sale area unless specified in the special use permit. 12. No intercom system shall be used in the garden center area. 13. Creation of the garden center shall not disrupt safe traffic flow through the site. 14. The petitioner shall install a screening wall at the SE corner of the building, 45 ft. in length. Screening walls shall be architecturally compatible with the principal building. 15. There shall be no storage of semi-trailers in the south concrete truck turnaround area. 16. The petitioner shall construct a 6 ft. sidewalk against the back of the curb along the University Avenue Service Drive to 85th Avenue. Design shall be reviewed by the City's engineering staff and installed by September 2011. 17. City Engineering staff to review and approve grading and drainage plan prior to issuance of a building permit. 18. Applicant shall submit the SWPPP to the City of Fridley for review and approval, which shall include BMP details. Approval to be prior to construction commencement. 19. The south and west stormwater detention areas shall be surveyed to determine whether their capacity allows performance of the stormwater management system as designed. Analysis to be provided to City of Fridley for approval. Work to restore capacity to initial development plans will be incorporated into construction, as needed. 20. Provide details and calculations for external grease trap to be approved by City of Fridley Engineering. Approval to be prior to construction commencement. and Adopt Resolution No. 2010-19. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MOTION CARRIED UNANIMOUSLY. 12. Informal Status Report. No items presented. ADJOURN. MOTION by Councilmember Saefke, seconded by Councilmember Varichak, to adjourn. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR PRO TEM BARNETTE DECLARED THE MEETING ADJOURNED AT 8:35 P.M. Respectfully submitted by, Denise M. Johnson Robert L. Barnette Recording Secretary Mayor Pro Tem PLANNING COMMISSION MEETING March 17, 2010 Vice-Chairperson Oquist called the Planning Commission Meeting to order at 7:02 p.m. MEMBERS PRESENT: Leroy Oquist, Dean Saba, Jack Velin, and Brad Sielaff MEMBERS ABSENT: David Kondrick, Brad Dunham and Marcy Sibel OTHERS PRESENT: Stacy Stromberg, Planner Jon Simpson, Collins Electrical Systems Mark and Mary Anderson, Blue Water Properties Jim Wyatt, Crysteel Truck Equipment Approval of Minutes: February 17, 2010 MOTION by Commissioner Saba to approve the minutes as presented. Seconded by Commissioner Sielaff. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON OQUIST DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARINGS l. Consideration of a Special Use Permit, SP #10-04, by Collins Electrical Systems, DBA Collisys, to allow an electronic message sign on the existing free-standing sign at the Holiday Gas Station, generally located at 200 — 57t" Avenue NE. MOTION by Commissioner Sielaff to open the public hearing. Seconded by Commissioner Saba. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON OQUIST DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 7:03 P.M. Stacy Stromberg, Planner, stated the petitioner, Collins Electrical Systems, who is representing Holiday Companies, is requesting a special use permit to allow an electronic reader board sign to replace the manual reader board on the existing pylon sign at the Holiday Gas Station which is located at 200 - 57tn Avenue . Ms. Stromberg stated a free-standing sign already e�sts on the subject property, which is located on the north side of the properiy along 57t'' Avenue. In 2005, the property received Special Use Permit approval to allow an LED gas pricing sign. At this time, the petitioner is seeking to change out the existing 29 square foot manual reader board sign with a 3125 square foot electronic reader board sign. The total square footage of the pylon sign after the modification will be 79.52 square feet. Ms. Stromberg stated the subject property is located on the southeast corner of 57t'' Avenue and Main Street. The property is zoned G3, General Shopping. Motor vehicle fuel and oil dispensing services are a permitted special use in the G3, General Shopping zoning district. In 1998, a special use permit was issued to allow an automobile service station and a car wash establishment. As a result the property was developed in 1999, with the construction of the existing service station and car wash. A sign permit for the existing pylon sign was also obtained in 1999. As previously stated, a special use permit was issued in 2005 to allow an electronic gas pricing sign to be installed on the existing pylon sign. Ms. Stromberg stated electronic changeable signs are an approved special use in any zoning district, except residential, provided the message does not change more often than once every 45 seconds. The sign also needs to be in conformance with the sign requirements for the zoning district, in which the property is located. The subject property is zoned, G3 General Shopping, which requires that free standing signage cannot exceed 80 square feet in size. The e�sting sign meets that size requirement as will the modification of the existing manual sign with an electronic sign. The total sign area of the existing sign is 80 square feet, replacing the manual reader board sign with the new electronic reader board sign will reduce the total sign area to 79.52 square feet. The total electronic signage portion on this sign is 51.02 square feet of the tota179.52 square foot sign. Ms. Stromberg stated the free-standing sign meets all other sign code requirements, including but not limited to size, setbacks, and height. City staff has not heard from any neighboring property owners. Ms. Stromberg stated City staff recommends approval of the special use permit as electronic changeable signs are an approved special use in the commercial zoning district, provided the sign complies with Code requirements, subject to stipulations. Ms. Stromberg stated City staff recommends that if the special use permit is granted, the following stipulations be attached. 1. The petitioner shall obtain sign permit and current sign erector license prior to installing any signage on site. 2. Message on L.E.D. sign shall not change more often than authorized under Section 214.07 ofthe Fridley City Code. 3. Message on L.E.D. sign shall never flash or have motion that may distract vehicular traffic in the area. Vice-Chairperson Oquist asked the petitioner if he has seen the stipulations? Jon Simpson, Collins Electrical Systems, replied, yes. This is the second one for Fridley, and he believed they have one or two more. MOTION by Commissioner Sielaff to close the public hearing. Seconded by Commissioner Saba. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON OQUIST DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 7:08 P.M. Commissioner Saba stated he has no problem with this and it is pretty straightforward. MOTION by Commissioner Sielaff approving Special Use Permit, SP # 10-04, by Collins Electrical Systems, DBA Collisys, to allow an electronic message sign on the existing free-standing sign at the Holiday Gas Station, generally located at 200 — 57t'' Avenue NE with the following stipulations: 1. The petitioner shall obtain sign permit and current sign erector license prior to installing any signage on site. 2. Message on L.E.D. sign shall not change more often than authorized under Section 214.07 ofthe Fridley City Code. 2 Message on L.E.D. sign shall never flash or have motion that may distract vehicular traffic in the area. Seconded by Commissioner Saba. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON OQUIST DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. Consideration of a Special Use Permit, SP #10-03, by Blue Water Properties, to allow limited outdoor storage and a repair garage on the property, generally located at 7685 Main Street NE. MOTION by Commissioner Velin to open the public hearing. Seconded by Commissioner Sielaff. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON OQUIST DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 7:08 P.M. Ms. Stromberg stated the petitioner, Mark Anderson of Anderson Carpet and owner of the subject property, is seeking a special use permit to allow the continuation of two repair garage type uses within the existing building at 7685 Main Street. Ms. Stromberg stated in connection with the repair businesses, the petitioner is also seeking a special use permit to allow limited outdoor storage on the southeast side of the building. This outdoor storage area will primarily be used by the repair garage tenants within the building. The proposed outdoor storage area is 1,800 square feet and will be used for storage of vehicles waiting to be repaired or waiting to be picked up. Ms. Stromberg stated the property is zoned M-1, Light Industrial, as is the property to the east. The property to the north and west is zoned M-2 Heavy Industrial, and the property to the south is zoned G2, General Business. The property was developed in 1978, with the construction of the e�sting 17,000 square foot building. Ms. Stromberg stated, as they are aware, this past summer the City's Community Development Department hired a Code Enforcement Intern to do systematic inspections of the City's commercial and industrial properties. As a result, many of our industrial businesses will be coming before the Planning Commission and City Council for special use permits for outdoor storage. This special use permit request is one ofthose that came to staff's attention during those systematic inspections. Ms. Stromberg stated the City Code allows repair garages as a permitted special use in the M-1, Light Industrial zoning district. Repair garages are defined as a place where major repair of motor vehicles is conducted, including engine rebuilding or reconditioning and collision service, including body, frame, or fender straightening and overall painting of motor vehicles. Ron's Automotive has been renting space inside the building for approximately 3 years and Car Creations has been renting space inside the building for around 15 years. Ron's Automotive occupies 3,750 square feet within the building and does general automotive repair. Body work is not provided as part of his business. Car Creations occupies 2,400 square feet of space within the building and is a general metal fabricating shop specializing in repairing vintage car parts. Ms. Stromberg stated since these types of businesses have been in e�stence on this property for several years with very little complaints, staff feels that all impacts of the businesses can be mitigated through stipulations. Ms. Stromberg stated it is important to note, that although staff has not directly received many complaints regarding this property, it will be stipulated that vehicles being stored in the outdoor storage area will need to be licensed and not junk vehicles. Staff will also stipulate that the outdoor storage area be screened not only from the public right-of-way; 77t'' Avenue, but screening will also be required between the subject properiy and Dairy Queen to the south. Ms. Stromberg stated City Code allows limited outdoor storage in the industrial districts that is up to 50 percent of the building footprint with a special use permit. The buildings square footage is 17,399 square feet, so City code would allow up to 8,699 square feet of outdoor storage on this site. The petitioner is proposing to temporarily store work-in-process repair vehicles waiting for parts or pick up and construction tools or materials within the proposed outdoor storage area. The area is along the southeast side of the building and is 1,800 square feet in size, which is approximately six parking stalls. Ms. Stromberg stated before the special use permit can be issued, several additional requirements need to be met. Those specific requirements relate to height, screening, parking, and the types of materials allowed to be stored outside. Ms. Stromberg stated based on the breakdown of uses within the building, which was provided by the petitioner, parking required for this site is 25 parking stalls. The site currently has 35 parking stalls; however, 6 parking stalls will now be used for the outdoor storage area, which leaves 29 parking stalls on site, which will meet code requirements. Ms. Stromberg stated as stated above, the location of the proposed storage areas on the southeast side of the building will be required to be screened from both the public right-of-way and the G2 zoned property to the south. The petitioner does state in the narrative that they do plan to construct a 22-23 foot section of wood screening fence or a chain link fence with screening slats to be installed along the east wall of the building to help screen the outdoor storage area from the public right-of-way. The proposed site plan meets all other outdoor storage code requirements. Ms. Stromberg stated City staff has heard from one neighboring property owner who had concerns about the outdoor storage area being visible from their property and the fact that currently there are "inoperable" vehicles being stored in this area. Staff articulated to the caller that staff will require the petitioner to screen the outdoor storage area from this property to the south and that ` junk" vehicles will not be allowed to be stored within the outdoor storage area. Ms. Stromberg stated City Staff recommends approval of the special use permit for a repair garage, with stipulations, as repair garages are a permitted special use in the M-1, Light Industrial zoning district. Ms. Stromberg stated City staff recommends approval of the special use permit for limited outdoor storage, with stipulations, as limited outdoor storage is a permitted special use in the M-1, Light Industrial zoning district, provided specific code requirements are met, subject to stipulations. Ms. Stromberg stated Staff recommends that if the special use permits are granted, the following stipulations be attached. 1. No outdoor storage other than the proposed area shall exist on the site without an additional special use permit being approved. 0 2. Outdoor storage area shall be screened from the public right-of-way and the G2 zoned properiy to the south by August 1, 2010. 3. Newly installed dumpster enclosure shall have door constructed on it to screen from view of the public right-of-way by April 14, 2010. 4. Site shall not be used to display cars for sale or storage of vehicles for rent. 5. Vehicles on site and within the storage area shall be currently licensed and roadworthy. 6. No auto parts shall be stored within the outdoor storage area. 7. Any auto-related business on the subject property shall obtain any applicable City and County licenses annually. Vice-Chairperson Oquist asked regarding the 29 parking stalls, that includes what is on the west side? Ms. Stromberg replied, yes. Vice-Chairperson Oquist asked this is one special use permit covering both the storage and the auto repair business, correct? Ms. Stromberg replied, correct. Vice-Chairperson Oquist asked the petitioners whether they have seen the stipulations and if they are okay with those? Mark Anderson, Blue Water Properties, stated regarding enclosing the dumpster, he is proposing that the screening fence they will be putting up in their parking lot will screen the dumpster opening. He prefers not to put a dumpster door on there since the majority of it will be screened. Vice-Chairperson Oquist asked if the dumpster is on the south side of the storage area? Ms. Stromberg replied, yes, south and a little bit to the east. Vice-Chairperson Oquist stated will it be covered by the screening. Ms. Stromberg stated she has talked to Mr. Anderson about that this situation. He brought that concern up to her a couple of weeks ago, and she did talk to Julie Jones, Planning Manager; and she did not feel that the new screening fence for the outdoor storage area would screen the dumpster completely. Therefore, they would still need a gate on the dumpster enclosure to fully screen the dumpster from the public right-of-way. Mary Anderson, Blue Water Properties, stated that is kind of a conflict because the screening wall they are putting up is not going to completely block all the vehicles. Ms. Stromberg replied, no, that the screening wall won't completely screen the vehicles from the public right-of-way. Ideally the City would prefer screening on all sides of this outdoor storage area. However, because of the fact this is going to be used for vehicles that are going to come and go, staff has determined that it is adequate to simply install the screening wall. Mr. Anderson stated he also said he could instead of putting the screening in the middle of the parking lot, he could put it on the north end of the building, along the sidewalk if the City would prefer him to do that. Ms. Anderson stated they were thinking for reasons of plowing, etc. it would be better to open that up. Plowing is going to be very difficult. Vice-Chairperson Oquist stated they are only putting a screen on the north side, not on the east or west. He does not know if that would screen the dumpster that well. He was thinking the screen would be all the way around. Therefore, if it were on the south side it would cover the dumpster. Commissioner Sielaff asked the petitioners why do they object to the gate on the dumpster enclosure? Ms. Anderson stated it is in the section where the cars are and the wall would still block the front of it. The City also wants the screening fence on the south side. Vice-Chairperson Oquist stated so there would be a screen on the north side and the south side. Ms. Anderson replied, yes. Ms. Stromberg replied, a screening "fence." Mr. Anderson asked if he could screen on the south side with pine trees? The dumpster is screened in right now. You cannot see the dumpster from any place else but at the turn on 77tn Ms. Stromberg stated she did not think the City would object to screening the outdoor storage area with the use of some evergreen trees. Mr. Anderson stated the City is saying they want a fence there, too, along the south side and he could put some pine trees there that are green all the time and would tie in with many other pine trees that are in there. Ms. Stromberg stated the City typically does like to have screening use natural vegetation if possible. Mr. Anderson stated some arborvitae or some Colorado blue spruce. Commissioner Velin asked what would be cheapest? Mr. Anderson replied, the estimate he got on 23 feet of fence was $3,200 plus the grass does not grow because there is a Maple tree right there on the corner. Grass does not grow between the Maple tree and the dumpster. The arborvitae or pine trees would grow and he would not have to worry about mowing so much. Ms. Anderson asked regarding the stipulation that the vehicles have to be roadworthy, is there a time limitation on that? Because some of those vehicles are not going to be roadworthy when they are getting a new engine. Vice-Chairperson Oquist stated if they are currently licensed and under repair that would be acceptable. They do not necessarily have to be roadworthy at the time. Just under repair. Ms. Stromberg stated the City essentially does not want junk vehicles sitting on the site. Commissioner Velin stated why not just say currently licensed or "under repair" instead of "roadworthy." � MOTION by Commissioner Velin to close the public hearing. Seconded by Commissioner Saba. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON OQUIST DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 7:28 P.M. Commissioner Velin stated he disagreed with the petitioners having to install a gate for the dumpster. It is a curved street there and no one is going to be looking if the dumpster door is open or not. He thought the City has made exceptions in the past and feels they should allow some relief for the petitioners. Vice-Chairperson Oquist stated what they are talking about is screening the north side where there is storage, putting shrubbery or screening on the south side, plus putting the additional gate over the dumpster screened area. Ms. Stromberg replied, yes. Vice-Chairperson Oquist stated the City does require a full screening of the dumpster area. Ms. Stromberg replied, correct. MOTION by Commissioner Saba approving Special Use Permit, SP # 10-03, by Blue Water Properties, to allow limited outdoor storage and a repair garage on the property, generally located at 7685 Main Street NE with the following stipulations: 1. No outdoor storage other than the proposed area shall exist on the site without an additional special use permit being approved. 2. Outdoor storage area shall be screened from the public right-of-way and the G2 zoned properiy to the south by August 1, 2010. 3. Newly installed dumpster enclosure shall have door constructed on it to screen from view of the public right-of-way by April 14, 2010. 4. Site shall not be used to display cars for sale or storage of vehicles for rent. 5. Vehicles on site and within the storage area shall be currently licensed and/or under repair. No auto parts shall be stored within the outdoor storage area. Any auto-related business on the subject property shall obtain any applicable City and County licenses annually. Seconded by Commissioner Sielaff. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON OQUIST DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. Consideration of a Special Use Permit, SP #10-05, by Crysteel Truck Equipment, to allow limited outdoor storage on the property, generally located at 1130 — 73"d Avenue NE. MOTION by Commissioner Saba to open the public hearing. Seconded by Commissioner Velin. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON OQUIST DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 7:36 P.M. 7 Ms. Stromberg stated the petitioner, Jim Wyatt, on behalf of Crysteel Truck Equipment, is seeking a special use permit to allow limited outdoor storage of snow plows, dump bodies, hoists, sanders, wings, and cranes, which are products used for Cysteel's business, in the side and rear yard of the property, which is located at 1130 - 73rd Avenue. Ms. Stromberg stated the property is zoned M-1, Light Industrial as are all the surrounding properties. It is located on the southeast corner of 73rd Avenue and the Highway 65 Service Drive. In 1987, the subject property and the property to the south, at 1131 - 72"d Avenue, went through a lot split process to create two lots from what was originally one. A variance was also approved at this time to reduce the lot area required for an industrial lot from 1.5 acres to 1.1 acres; therefore, making the size of the subject property conforming. The property was then developed in 1988, with the construction of the existing building. Also in 1988 a variance was granted to reduce the side yard setback from 35 feet to 20 feet to allow the construction of the existing building. A special use permit was also issued in 1988 to allow outdoor storage in the southeast corner of the lot. The outdoor storage area originally approved was 6,612 square feet in size. Over the years the outdoor storage needs have changed for the petitioner's business and as a result, the special use permit is being applied for today. Ms. Stromberg stated, as they are aware, this past summer the City's Community Development department hired a Code Enforcement Intern to do systematic inspections of our commercial and industrial properties. When our intern discovered outdoor storage on this site and the site Crysteel owns across 73rd Avenue, at 1150 73 '/2 Avenue, they went back to the office to review the building address files and determined that a special use permit does exist for the 73rd site. However, the outdoor storage on the site had changed and expanded beyond what was originally approved in 1988. Therefore, the petitioner is applying for this special use permit to revise their outdoor storage space. Ms. Stromberg stated there is no special use permit for the 1150 - 73 '/2 Avenue site but the petitioner is waiting for the outcome of this special use permit and the one for Hydraulic Specialty Co. before deciding what to do with their other location. Ms. Stromberg stated City Code allows limited outdoor storage in the industrial districts that is up to 50 percent of the building footprint with a special use permit. The building's square footage is 11,200 square feet, so City Code would allow up to 5,600 square feet of outdoor storage on this site. The petitioner is requesting to have outdoor storage in two designated areas. The first area is located on the south side of the building and will run along the perimeter of the building and fence line; it is 2,208 square feet in size. The second area is along the east property line and will also run along the fence line and is 1,944 in size. Both areas combined are 4,152 square feet which is below what code would allow for outdoor storage space on this site. Both outdoor storage areas will be used to store snow plows, dump bodies, hoists, sanders, wings, and cranes used for the petitioner's business. Ms. Stromberg stated before the special use permit can be issued, several additional requirements need to be met. Those specific requirements relate to height, screening, parking, and the types of materials allowed to be stored outside. Ms. Stromberg stated based on the breakdown of uses within the building, which was provided by the petitioner, parking needs for this site are 28 parking stalls. The petitioner has shown on the submitted site plan 40 parking stalls. He has stated that these stalls will be striped, so they are accurately shown on the site this spring. As a result, parking needs are met on this site. Ms. Stromberg stated the outdoor storage area is screened from the public right-of-way with a wood privacy fence along the west side of the properiy. The fence is however, in need of a fresh coat of paint and staff will require that additional trees be planted along the west property line to further help screen the outdoor storage area. The subject property already has a screening gate on the north side of the property, between the building and the side yard fence; however staff will stipulate that the screening gate remain closed except when in use, which is typical on any outdoor storage request in our industrial districts. If the existing manual fence does not allow for proper screening, the petitioner may need to consider installing an automatic gate that remains closed when not in use. Ms. Stromberg stated the petitioner is also seeking a special use permit to allow for outdoor storage space on their neighbors property at 1131 - 72"d Avenue. That site will be analyzed in a separate report. The proposed site plan meets all other outdoor storage code requirements. City staff has not heard from any neighboring property owners. Ms. Stromberg stated City Staff recommends approval of this special use permit, with stipulations. Limited outdoor storage is a permitted special use in the M-1, Light Industrial zoning district, provided specific code requirements are met, subject to stipulations. Ms. Stromberg stated this special use permit repeals SP #88-01, which was previously granted for the subject property. Ms. Stromberg stated staff recommends that if the special use permit is granted, the following stipulations be attached. 1. Outdoor storage on this site shall remain in the approved outdoor storage areas only. 2. The existing screening fence shall be repainted by August 1, 2010. 3. New trees shall be planted along the western property line by October 31, 2010. Plan shall be reviewed by City staff prior to installation. 4. Screening gate on the east side of the building shall remain closed to allow proper screening when not in use or if necessary a new electronic screening gate shall be installed to allow proper screening. 5. The subject property has an existing 5 ft. utility easement along the eastern property line. The City shall not be liable for any damage to the property or outdoor storage materials in the event that the easement needs to be utilized. 6. A written agreement shall be certified and filed with Anoka County regarding the storage area encroachment on the south side of the property. 7. A cross access agreement shall be certified and filed with Anoka County between the subject property and Hydraulic Specialty Co. 8. No display (for sale or otherwise) of trucks or equipment will be permitted outside the storage yard, on or off site. Vice-Chairperson Oquist asked the petitioner if he has seen the stipulations? Jim Wyatt, Crysteel Truck Equipment, stated yes, they have been there about 20 years. At that time they did not know how they were going to use it. They really are not changing anything now, they are just conforming with what they are doing. Vice-Chairperson Oquist asked whether they are okay with the stipulations? Mr. Wyatt replied, yes. MOTION by Commissioner Sielaff to close the public hearing. Seconded by Commissioner Velin. � UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON OQUIST DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 7:46 P.M. Vice-Chairperson Oquist stated it seems fairly straightforward. MOTION by Commissioner Sielaff approving Special Use Permit, SP # 10-05, by Crysteel Truck Equipment, to allow limited outdoor storage on the property, generally located at 1130 — 73rd Avenue NE. Outdoor storage on this site shall remain in the approved outdoor storage areas only with the following stipulations: 1. Outdoor storage on this site shall remain in the approved outdoor storage areas only. 2. The existing screening fence shall be repainted by August 1, 2010. 3. New trees shall be planted along the western property line by October 31, 2010. Plan shall be reviewed by City staff prior to installation. 4. Screening gate on the east side of the building shall remain closed to allow proper screening when not in use or if necessary a new electronic screening gate shall be installed to allow proper screening. 5. The subject property has an existing 5 ft. utility easement along the eastern property line. The City shall not be liable for any damage to the property or outdoor storage materials in the event that the easement needs to be utilized. A written agreement shall be certified and filed with Anoka County regarding the storage area encroachment on the south side of the property. A cross access agreement shall be certified and filed with Anoka County between the subject property and Hydraulic Specialty Co. No display (for sale or otherwise) of trucks or equipment will be permitted outside the storage yard, on or off site. Seconded by Commissioner Velin. 4. Consideration of a Special Use Permit, SP #10-06, by Crysteel Truck Equipment, to allow limited outdoor storage on the property, generally located at 1131— 72°d Avenue NE. MOTION by Commissioner Saba to open the public hearing. Seconded by Commissioner Sielaff. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON OQUIST DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 7:47 P.M. Ms. Stromberg stated the petitioner, Jim Wyatt, General Manager for Crysteel Truck Equipment, is seeking a special use permit to allow limited outdoor storage of snow plows, dump bodies, hoists, sanders, wings, and cranes, on the property owned by Hydraulic Specialty Inc., which is located just south of Crysteel at 1131 - 72"d Avenue. Ms. Stromberg stated Crysteel Truck Equipment has been leasing space from Hydraulic Specialty for several years both inside and outside of the building. Hydraulic Specialty has signed off on the special use permit application submitted and understands that they are applying for a special use permit for outdoor storage on their site. Ms. Stromberg stated the property is zoned M-1, Light Industrial as are the properties to the north, west and east. The property to the south is zoned G2, General Business. The building was originally constructed in 1979. In 1987, the subject property and the property north at 1130 - 73rd Avenue went 10 through a lot split process to create two lots from what was originally one. A variance was also approved at this time for the subject property to reduce the rear yard setback from 25 feet to 5 feet to recognize the location of the existing building on the newly created lot. Ms. Stromberg stated City Code allows limited outdoor storage in the industrial districts that is up to 50 percent of the building footprint with a special use permit. The building's square footage is 29,415 square feet, so City code would allow up to 14,717 square feet of outdoor storage on this site. The petitioner is requesting to have outdoor storage in two designated areas, on either side of the drive aisle through the site. The first area is located on the east side of the building and is 4,000 square feet in size. The second area is also on the east side of the building, but along the fence line and is 1,600 square feet in size. Both areas combined are 5,600 square feet which is below what code would allow for outdoor storage space on this site. Both outdoor storage areas will be used to store snow plows, dump bodies, hoists, sanders, wings, and cranes used for Crysteel's business. Ms. Stromberg stated before the special use permit can be issued, several additional requirements need to be met. Those specific requirements relate to height, screening, parking, and the types of materials allowed to be stored outside. Ms. Stromberg stated based on the breakdown of uses within the building, which was provided by the petitioner, parking needs for this site are 35 parking stalls. The petitioner has shown on the submitted site plan 37 parking stalls, which meets code requirements. Ms. Stromberg stated the outdoor storage area will need to be screened from 72"d Avenue. There is a chain link fence already installed, so if wind load requirements can be met, the best option for screening would be to put slats in the fence to screen the outdoor storage from the public right-of-way. The proposed site plan meets all other outdoor storage code requirements. City staff has not heard from any neighboring property owners. Ms. Stromberg stated City Staff recommends approval of this special use permit, with stipulations. Limited outdoor storage is a permitted special use in the M-1, Light Industrial zoning district, provided specific code requirements are met, subject to stipulations. Ms. Stromberg stated Staff recommends that if the special use permit is granted, the following stipulations be attached. 1. Outdoor storage on this site shall remain in the approved outdoor storage areas only. 2. The e�sting fence shall have screening slats installed to allow proper screening of the outdoor storage area by August 1, 2010. 3. The subject property has an existing 5-foot utility easement along the eastern property line. The City shall not be liable for any damage to the property or outdoor storage materials in the event that the easement needs to be utilized. 4. Additional landscaping (a row of tall growing shrubs) shall be installed along the south property line to further screen the outdoor storage area. Commissioner Sielaff asked how does the petitioner lease land but the 24 parking parks are part of this when Hydraulic Specialties actually owns the land? Ms. Stromberg replied, how they figure parking is based on the uses within the existing building. It is based on the uses of the Hydraulic Specialty building. They do have enough parking on site despite the fact that Crysteel is using some of their land for outdoor storage. 11 Commissioner Sielaff asked what would happen if Hydraulic Specialty did not have enough parking stalls, who would be the responsible party? Ms. Stromberg replied, if Hydraulic Specialty's didn't have enough parking, the outdoor storage area would need to be reduced and Hydraulic Specialty's would be the responsible party. Vice-Chairperson Oquist stated he thinks what Commissioner Sielaff is saying is what if someone is using someone else's property and they have to have so many parking stalls but the special use permit is being taken by Crysteel? Ms. Stromberg replied, a special use permit actually goes with the land. It does not matter who is using the outdoor storage area. If Crysteel moves and takes their outdoor storage with them two years from now, there is still a special use permit for outdoor storage on Hydraulic Specialty's site. Vice-Chairperson Oquist asked the petitioner if he has seen the stipulations? Mr. Wyatt replied, yes, they have had the storage there since 1996. They have rented that. They contacted Hydraulic Specialty and said they would apply for the outdoor storage. Commissioner Sielaff asked so they have some sort of an agreement with them? Mr. Wyatt replied, they have a lease agreement. MOTION by Commissioner Saba to close the public hearing. Seconded by Commissioner Velin. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON OQUIST DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 7:54 P.M. MOTION by Commissioner Saba approving Special Use Permit, SP # 10-06, by Crysteel Truck Equipment, to allow limited outdoor storage on the property, generally located at 1131 — 72"d Avenue NE with the following stipulations: 1. Outdoor storage on this site shall remain in the approved outdoor storage areas only. 2. The e�sting fence shall have screening slats installed to allow proper screening of the outdoor storage area by August 1, 2010. 3. The subject property has an existing 5-foot utility easement along the eastern property line. The City shall not be liable for any damage to the property or outdoor storage materials in the event that the easement needs to be utilized. 4. Additional landscaping (a row of tall growing shrubs) shall be installed along the south property line to further screen the outdoor storage area. Seconded by Commissioner Sielaff. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON OQUIST DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. Receive the Minutes of the January 12, 2010, Environmental Quality and Energy Commission Meeting. MOTION by Commissioner Velin to receive the Minutes. Seconded by Commissioner Saba. 12 UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON OQUIST DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. Receive the Minutes of the February 1, 2010, Parks & Recreation Commission Meeting. MOTION by Commissioner Sielaff to receive the Minutes. Seconded by Commissioner Velin. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON OQUIST DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS: Ms. Stromberg stated their ne�t meetin�u is Apri121, 2010 and the Tri-Land PUD rezoning will be going before the City Council for 2" and Final Reading on March 29, 2010. ADJOURN MOTION by Commissioner Saba adjourning the meeting. Seconded by Commissioner Sielaff. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON OQUIST DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 7:52 P.M. Respectfully submitted, Denise M. Johnson Recording Secretary 13 � � �ff1' 4F FRIDLE7` To: From Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF March 29, 2010 William W. Burns, City Manager Richard D. Pribyl, Finance Director Debra A. Skogen, City Clerk March 15, 2010 First Reading of an Ordinance Amending Fridley City Code Chapter 214 Signs Pertaining to Political Signs The Minnesota State Legislature recently adopted legislation that has been signed into law by the Governor becoming effective immediately. Part of the new legislation requires moving the State primary election from September to August. The legislation also changes state statute allowing the placement of political signs 46 days before the state primary and until ten days following the state general election. . Staff has reviewed the language and proposes to make the city code read the same as state statute, with the exception of putting in language that would also refer to a special election. Staff recommends holding the first reading of an Ordinance Amending Chapter 214 Signs Pertaining to Political Signs. ORDINANCE NO. _ AN ORDINANCE AMENDING CHAPTER 214 SIGNS PERTAINING TO POLITICAL SIGNS The City Council of the City of Fridley hereby finds, after review, examination and recommendation of staff, that the Fridley City Code be hereby amended as follows: CHAPTER 214. SIGNS 214.02 DEFINITIONS 25. Political Sign. A temporary sign advertising election issues or the candidacy of a person running for public office. 214.06 TEMPORARY SIGNS ALLOWED IN ALL DISTRICTS WITHOUT A SIGN PERMIT 3. Political Signs. A. A maximum size of thirty-two (32) square feet in area. B. To not be placed until �t�� �� °��'� ��'°r�'�r ��°�r 46 davs before a special or re�ular election. C. To be removed within ten (10) days following election. D. All political signs must be placed a minimum of ten (10) feet from a street curb and ten (10) feet from any driveway. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 2010. SCOTT J. LUND, MAYOR ATTEST: DEBRA A. SKOGEN, CITY CLERK First Reading. March 29, 2010 Second Reading: Published: � � CffY OF FRIDLEI' TO: FROM: DATE: SUBJECT AGENDA ITEM CITY COUNCIL MEETING OF MARCH 29, 2010 William W. Burns, City Manager James P. Kosluchar, Public Works Director March 29, 2010 I,�JI�[�ai�iE:3 Recommendation of Award for 2010 Miscellaneous Concrete Repair City of Fridley Project No. 395 On Tuesday, March 16, 2010, at 2:00 p.m. bids were opened for the 2010 Miscellaneous Concrete Repair Project No. 395. The 2010 project includes remedial sidewalk repair, repair of concrete street panels, and repair or replacement of concrete curb due to utility repairs or driveway entrance permits. It also includes select replacement of curbing in advance of pavement resurfacing work. Three bids were received per the attached bid tabulation. The low bid was submitted by Concrete Idea, of Saint Michael, MN, in the amount of $60,812.50. Concrete Idea, Inc. was awarded the contract some years ago, and provided acceptable performance and response. This year's project is approximately 5% higher than the 2009 project. The low bid amount still falls approximately 10% below our 2010 budget. Recommend the City Council receive the bids and award the contract for the 2010 Miscellaneous Concrete Repair Project No. 395 to Concrete Idea, Inc., of Saint Michael, MN, in the amount of $60, 812.50. JPK/jpk Attachment v u c m N C r 4) N � C Y y ._ � � ay� � Q a w � w � w � U Z O U � � O � Z z J 0 Q 0 ~ J a W � j U � O � � � � � i i 7 � 0 0 � Umc°�U � a 0 0 N 0 O N co 2 � � � � CffY OF FRIDLEI' TO: FROM: DATE: SUBJECT AGENDA ITEM CITY COUNCIL MEETING OF MARCH 29, 2010 William W. Burns, City Manager James P. Kosluchar, Public Works Director Layne Otteson, Assistant Public Works Director March 29, 2010 Award of ST2010-1 Street Rehabilitation Project P W10-020 On Tuesday, March 23, 2009, at 3:00 pm, bids were opened for the 2010 Street Rehabilitation Project. Fourteen sets of plans and specifications were sent out and seven bids were received. The low bid was received from Valley Paving Inc. of Shakopee, MN, in the amount of $768,794.74. The high bid received was $857,571.44. The Feasibility Report (January 2010) estimated the cost to be $815,000. Staff has no previous experience working with Valley Paving Inc. but verified previous performance on street related projects. They have completed construction projects for various metro cities and counties. Also, they have been the general contractor on large MNDOT projects. The value of their projects range from small commercial parking lots ($10,000) to large roadway reconstruction ($8,500,000). Stafffinds that they are reputable and experienced. The project includes Anoka County and City streets. The work includes pavement rehabilitation, curb repairs, pedestrian ramp upgrades to ADA compliance, and minor utility upgrades. Anoka County indicated their agreement to fund the construction and project administration for these two streets through the previously approved Joint Powers Agreement. Funding for this project is derived from several sources including State, County, special assessments, and utility funds. About a third of the project is funded by Anoka County and estimated in the amount of $261,500. Anoka County funding will be applied to work on Mississippi Street and Rice Creek Road. Final amount will be determined at the completion of the project. Special Assessment funding is estimated in the amount of $410,000. Special assessments were calculated using the City's assessment policy for major roadway maintenance. Preliminary assessments based on the low bidder's price are anticipated to be 5-10% less than the $1500 estimated in the Feasibility Report and presented at the project open house. Final assessment costs will be calculated at the completion of the project and assessed in the fall of 2010. Utility funding from sewer and water will pay for about $30,000 in utility upgrades. Work will include catch basin casting replacement, gate valve repair, pavement and boulevard restoration, and miscellaneous items. Final amount will be determined at the completion of the project. The balance of the costs of the project will be borne by the Minnesota State Aid account. The amount is approximately $53,300. Final amount will be determined at the completion of the project. Please refer to the attached summary sheet for a more specific breakdown of costs and funding sources, which also compares the preliminary budget to the revised budget. Also, please find the bid tabulation attached which includes the results of all bids that were received. Recommend the City Council receive the bids and award the 2010 Street Improvement Project No. ST. 2010-1, to Valley Paving, Inc. of Shakopee, MN in the amount of $768, 794.74 LO/JPK Attachments ST2010-01 Pro�osed Contract Award Bid Costs The preliminary estimated cost (per the feasibility report) for the entire project and the revised project costs reflecting changes per the bids received are as follows: Component Street Reconstruction Water and Sewer Utility Repairs Anoka County Roadways TOTAL 1/19/10 Estimated Cost 3/23/10 Bid Cost $ 495,000.00 $ 463,298.74 $ 40,000.00 $ 44,000.00 $ 320,000.00 $ 261,500.00 $ 855,000.00 $ 768,798.74 [1] Design construction surveying and engineering costs are not included [2] Anoka County to reimburse for construction administration on their segments [3] Laboratory material testing costs are not included Fundin� Sources Similarly, the funding sources are updated as follows: Fundin� Source Special Assessments State Funds (MSAS) Anoka County Sanitary Sewer Fund Storm Sewer Fund Water Fund TOTAL 2010 Bud�eted Amount $ 300,000.00 $ 135,000.00 $ 320,000.00 $ 15,000.00 $ 12,500.00 $ 15,000.00 $ 797,500.00 Updated Fundin� $ 410,000.00 $ 53,298.74 $ 261,500.00 $ 11,500.00 $ 22,000.00 $ 10,500.00 $ 768,798.74 Note: The Revised Funding is an estimate based on the unit bid prices. Final funding amounts are subject to final quantities at completion of the project. m �_ c y � y y � m3- '. y_- c Y wrn3 a"n� S71k10M �I�B(id 31Vti01�3a10 r ci a� 'o L a _� � o �o 0 t � z a�o� � o O � � o J r � M � fn z p m 0 y � O N � N '0 M m fn d M � �� c�3�' �mc wvi3 av�i S�klOM �Il9fid 31tld01�3k31a r ci a� 'o L a _� � o �o 0 t � z a�o� � o O � � o J r � M � fn z p m 0 y � O N � N '0 M m fn d M � � CffY OF FRIDLEI' TO: FROM: DATE: SUBJECT AGENDA ITEM CITY COUNCIL MEETING OF MARCH 29, 2010 William W. Burns, City Manager James P. Kosluchar, Public Works Director March 29, 2010 PW10-021 Award 2010 Cooperative Street Maintenance Contract, Project ST2010-10 In recent years the City of Fridley has participated in a cooperative contract with neighboring cities through a joint powers agreement for street maintenance services. This year the City of Anoka joined our group. The group of cities involved now includes Andover, Brooklyn Center, Columbia Heights, Coon Rapids, Fridley, Ham Lake, East Bethel, and Anoka. The City of Fridley regularly participates in contracting for sealcoating, street sweeping, and pavement marking services as part of this arrangement. The City of Fridley has historically managed a pavement maintenance program including annual sealcoating application in one of eight zones. This year, the City will not be performing sealcoating due to budget concerns. Engineering staff is taking this opportunity to evaluate the program for sealcoating, and whether modifications to our sealcoating program should be made. The City of Fridley contracts sweepers through this cooperative contract specifically for intensifying spring cleanup of winter sand. This reduces sediment runoff to our storm sewers and water bodies, which in turn will reduce maintenance and provide better water quality. The low bid was provided by Pearson Bros. at $11,840.00. The work is paid from a Street Division Operation allocation. The sweeping costs are reduced 3% from last year. The City of Fridley has also provided for application of painted traffic markings annually through this contract. This is for repainting existing traffic striping throughout the City. There were four bidders on this work in 2010. The low bid provided by Traffic Marking Service, Inc., for the cooperative contract totals $4,046.00 for the City of Fridley's portion of the work. This work is also paid from a Street Division Operation allocation. The unit pricing is just under last year's pricing. Staff recommends award of the 2010 JPA Street Maintenance contract to the respective low bidders in the amounts indicated in the attached summary. JPK:jpk Attachment �_ U� W- Oiw oamo m ' � LL oao� a owww Y ra=5 5��� m {Wjji rZYW yz°oi arrcm azm� Z�YW O . OWap LL � �y� a O?y>� F��� UN¢U 2010 CITY OF FRIDLEY COMMISSION TERMS Term Present Members Ex ires Appointee PLANNING COMMISSION (Chapter 6) (7 Members - 3 Year Term) GENERAL Dave Kondrick 4-1-12 CHAIR VICE-CHAIR LeRoy Oquist 4-1-10 AT-LARGE CHAIR Jack Velin 4-1-11 ENVIRON. QUALITY CHAIR Brad Sielaff 4-1-12 APPEALS CHAIR Marcy Sibell 4-1-12 PARKS & REC. p AT LARGE Dean Saba 4-1-10 AT LARGE Brad Dunham 4-1-11 APPEALS COMMISSION (Chapter 6)(5 Members - 3 Year Term) CHAIR Brad Sielaff 4-1-12 Blaine Jones 4-1-10 Matthew Brown 4-1-12 Christopher Anderson 4-1-11 Del Jenkins 4-1-11 ENVIRONMENTAL QUALITY (Chapter 6) (7 Members — 3 Year Term) AND ENERGY COMMISSION CHAIR Jack Velin 4-1-11 Richard Svanda 4-1-12 Martina Nelson 4-1-12 Anne Andrews 4-1-11 Paul Westby 4-1-10 Barbara Johns 4-1-10 Vacant 4-1-10 Term Present Members Ex ires Appointee PARKS AND RECREATION COMMISSION (Chapter 6) (5 Members-3 Yr. Term) CHAIR David Kondrick 4-1-12 CHAIR VICE- CHAIR Marcy Sibell Tim Solberg Michael Heintz Michele Barrett 4-1-12 4-1-10 4-1-10 4-1-11 HOUSING AND REDEVELOPMENT AUTHORITY (5 Members - 5 Year Term) Larry Commers 6-9-14 Pat Gabel 6-9-13 John E. Meyer Wlliam Holm Steve Eggert 6-9-11 6-9-12 6-9-10 � AGENDA ITEM � COUNCIL MEETING OF MARCH 29, 2010 � �F CLAI MS FRIDLE7` CLAIMS 145402 - 145625 � AGENDA ITEM � CITY COUNCIL MEETING OF MARCH 29, 2010 ��F LICENSES FRIDLE7` TYPE (�F LICENSE: ' APPLICANT' ' APPROVED' BY: ' Food BABYLON GROCERY Communit Develo ment Nazar Alfahed Fire Inspector Public Safety Poppy Sales FRIDLEY VFW POST #363 City Council Ma 14-15, 2010 Po Sales Da s Timoth Arnold Temporary Food Sales FRIDLEY HISTORICAL Fire Department August Fest August 2, 2010 SOCIETY Mary Sue Meyers Public Safety Community Development � AGENDA ITEM � CITY COUNCIL MEETING OF MARCH 29, 2010 �°F LICENSES - RENEWAL FRIaLEY TYPE (�F LICENSE: ' APPLICANT: APPROVED BY: MASSAGE THERAPY KAREN E. SATHRE Public Safet Cit Clerk TERESA KAUS Public Safety City Clerk BRIDGET K. WICKSTROM Public Safety City Clerk USED MOTOR VECHILE MIDWEST CAR SEARCH Public Safety SCOTT A. SPICA Community Development AUTO'S ON-LINE, INC. Public Safety HAROLD EISS Community Development FOOD ESTABLISHMENT DOLLY BELLE; LLC. dba Community Development DUNN BROS. COFFEE Fire Inspector STEVEN GUDIM Public Safety SUBWAY @ MOORELAKE Community Development PEGGY SCHMITZ Fire Inspector Public Safety BOB' S PRODUCE RANCH Community Development BOBS PRODUCE Fire Inspector MICHAEL SCHROER Public Safety WENDY'S Community Development DANIEL J. OPITZ Fire Inspector Public Safety HONG KONG HITCHEN Community Development XI MING GUAN Fire Inspector Public Safety TYPE OF LICENSE APPLICANT APPROVED BY FOOD ESTABLISHIV�NT BON APPETIT MANAGEMEN Community Development CO. MEDTRONIC —OLD Fire Inspector CENTRAL Em lo ee Cafe MEDTRONIC - WORLD Public Safety HEAD QUARTERS Em lo ee Cafe MICHAEL P. BAUCCIO PERKINS & MARIE Community Development CALLENDERS, INC dba PERKINS RESTAURANT Fire Inspector & BAKERY Public Safety ANITA M GATES QUIZNO' S Community Development HIEP PHO Fire Inspector Public Safety REFUSE HALTLER ALLIED WASTE SERVICES Public Safety Director Randy Alan Walker Recycling Coordinator City Clerk ACE SOLID WASTE, INC Public Safety Director Dennis M Fredrickson Recycling Coordinator City Clerk RED ARROW Roll Off Public Safety Director Raymond Krawczewski Recycling Coordinator City Clerk ALL STAR ROLLOFF, INC. Public Safety Director Jennifer Pieczica Recycling Coordinator City Clerk TENNIS ROLL OFF, LLC Public Safety Director William J. Tennis Recycling Coordinator City Clerk TYPE OF LICENSE APPLICANT APPROVED BY REFUSE HALJLERS LE PAGE & SONS Roll Off Public Safety Clint G LePage Recycling Coordinator City Clerk VEOLIA E S SOLID WASTE Public Safety Director David A. Zieroth Recycling Coordinator City Clerk TREE REMOVAL & TREATMENT PRECISION TREE Public Safety Christine M. Groholski Public Works PREMIER TREE SERVICE, Public Safety Dennis R. Herold Public Works LEGACY TREE CARE Public Safety John M. Wilson Public Works RAINBOW TREE CARE Public Safety Ben L Cooper Public Works FOOD & TOBACCO SALES WAL-MART STORES INC. dba Community Development WAL-MART STORE #1952 Fire Inspector Lori Cottrell Public Safety CVS/PHARMACY #8435 Community Development Ruth Paredes Fire Inspector Public Safety WALGREEN CO. Community Development WALGREEN' S #4697 Fire Inspector Margarita Kellen Public Safety FOOD, TOBACCO & RETAIL GAS EAST RIVER ROAD SPUR dba Community Development FRIDLEY B.P. Fire Inspector Youssef H.Ramayti Public Safety TYPE OF LICENSE APPLICANT APPROVED BY FOOD, TOBACCO & RETAIL GAS HOLIDAY STATION STORES, Community Development 1NC. HOLIDAY STATION STORE Fire Inspector Store #188 5695 Hackmann Public Safety Store # 118 200 57t Ave J UNK YARD A-ABCO FRIDLEY AUTO Community Development PARTS Fire Inspector Derek Haluptzok Public Safety Building Inspector HOTEL/MOTEL BUDGET HOST INN Community Development Divyesh Bhakta Fire Inspector Public Safety MOTOR VEHICLE BODY REPAIR J.PETERSON ,INC.dba Community Development CITY COLLISION & GLASS Fire Inspector Public Safety LNE STOCK LICENSE ANDY ZHENG Code Enforcement Building Inspector GASOLINE SALES/PRIVATE DETERMINE BROWNIE, IN Community Development PUMP Kristine Matson Fire Inspector Public Safety TREE REMOVAL & TREATMENT ARBOR DESIGN TREE Public Safety & Public SERVICE, INC. Works � AGENDA ITEM � CITY COUNCIL MEETING OF MARCH 29, 2010 ��F LICENSES FRIDLE7` Contractor T e A licant A roved B Alta Heatin & Plumbin Inc Heatin Joe Schlink Ron Julkowski, CBO Anderson — CC Inc Commercial or S ecial Russ Anderson Ron Julkowski, CBO Architect Mechanical Inc Gas Steve Rak Ron Julkowski, CBO Architect Mechanical Inc Heatin Steve Rak Ron Julkowski, CBO BFS Heatin & Coolin Inc Heatin Dou Dill Ron Julkowski, CBO DJ Krantz Co Inc Commercial or S ecialt Wade Letsitco Ron Julkowski, CBO Gre s Hardware Inc Heatin Gre o Worm Ron Julkowski, CBO Hale Comfort S stem Inc Heatin Dave Toensin Ron Julkowski, CBO Heatin & Coolin Comfort S stems Heatin Les Fischer Ron Julkowski, CBO J Berd Mechanical Contractors Gas David Berdan Ron Julkowski, CBO J Berd Mechanical Contractors Heatin David Berdan Ron Julkowski, CBO J Brown Exteriors Inc Commercial or S ecialt Jason Brown Ron Julkowski, CBO Northerns One Hour Heatin & Air Heatin Brad Peet Ron Julkowski, CBO Ti er Heatin & Air Heatin Dustin Mix Ron Julkowski, CBO Ti er Heatin & Air Gas Dustin Mix Ron Julkowski, CBO To line Advertisin Inc Si n Steve Barcel Ron Julkowski, CBO � � �T7 �F FRIaLEY To: From Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF MARCH 29, 2010 LICENSES William W. Burns, City Manager John Crelly, Fridley Assistant Fire Chief March 23, 2010 Annual renewal of rental licenses Attached is a list of 42 properties that have completed the license renewal process. Each property listed has submitted a rental license application, paid all fees, and has completed the rental property inspection process. Staff recommends that City Council approve the rental license renewal for these properties. Rental Housing. Prop i�: Property Address Units 1141 1142 1143 1144 1893 1218 1219 1222 1223 1224 1225 1226 1227 1228 1234 1236 1240 1241 1242 1243 1244 1280 1281 1274 1275 1276 1581 1309 1899 1061 1572 1602 1884 1461 1903 1902 1901 1371 1908 1477 1064 1897 5260 3rd St. NE 5261 3rd St. NE 5290 3rd St. NE 5291 3rd St. NE 470 67th Ave. NE 1565-77 68th Ave. NE 1566-76 68th Ave. NE 1590-96 68th Ave. NE 1591-97 68th Ave. NE 1600-10 68th Ave. NE 1601-11 68th Ave. NE 1612-18 68th Ave. NE 1613-19 68th Ave. NE 1620-30 68th Ave. NE 1652-58 68th Ave. NE 1660-70 68th Ave. NE 1560-70 69th Ave. NE 1590-96 69th Ave. NE 1600-06 69th Ave. NE 1630-40 69th Ave. NE 1650-58 69th Ave. NE 5612 7th St NE 5640 7th St.NE 181 79th Way NE 211 79th Way NE 231 79th Way NE 7401-03 Able St. NE 7501-03 Able St. NE 6245 Alden Way NE 5960-80 Anna Ave. NE 6566 Brookview Dr. 6805 Channel Rd. NE 7509 East River Rd. 5355-57 Fillmore St. NE 1473 Glacier Ln. NE 1346 Hillcrest Dr 617 Hugo St. NE 6670-80-90 Lucia Ln. 1601 N Innsbruck Dr. (126) 1200 Norton Ave. NE 1281 Norton Ave. NE 1514 Trapp Ct. NE 11 11 11 11 1 6 6 4 4 6 6 4 4 6 4 6 6 4 4 6 5 11 11 8 8 7 2 1 1 34 1 1 1 2 1 1 1 48 1 3 1 1 Owner Helena Bigos Helena Bigos Helena Bigos Helena Bigos Tony Luczak Rice Creek Townhouses Rice Creek Townhouses Rice Creek Townhouses Rice Creek Townhouses Rice Creek Townhouses Rice Creek Townhouses Rice Creek Townhouses Rice Creek Townhouses Rice Creek Townhouses Rice Creek Townhouses Rice Creek Townhouses Rice Creek Townhouses Rice Creek Townhouses Rice Creek Townhouses Rice Creek Townhouses Rice Creek Townhouses MRANS ON SEVENTH MRANS ON SEVENTH John Gutmanis Rentals John Gutmanis Rentals John Gutmanis Rentals Jeffrey Bogut Terrell Akons Eucharia Uche Riverwood Rentals, LLC Peter Vagovich Todd or Beth Lawver Lara & Tim Norkus-Crampton Wlliam L. Shields Colleen J. Kennedy Jim Kennedy Flames Property, Inc. Lucia Lane Apartments, LLC Donald F. Ballinger George Burkstrand PMJ Management, LLC Robbie Sullivan Total # of Licenses for approval: 42 � � CfTY OF FRIaLE7 DATE: TO AGENDA ITEM CITY COUNCIL MEETING OF MARCH 29, 2010 March 24, 2010 Wlliam W. Burns, City Manager FROM: Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner SUBJECT: General Plan for Development Agreement for Tri-Land Properties, ZOA #10-01 INTRODUCTION On January 20, 2010, the Planning Commission considered rezoning request ZOA #10-01, by Tri-Land Properties Inc. The petitioner is requesting to rezone the property at 250 57th Avenue from C-3, General Shopping to PUD, Planned Unit Development. The purpose of the rezoning is to allow for the redevelopment of the entire site to what the developer is calling The Fridley Market. City Staff and the Planning Commission recommended approval of rezoning request, ZOA #10- 01, with 32 stipulations. At the February 8, 2010, City Council meeting, a public hearing was held for ZOA #10-01. On February 22, 2010, the City Council held the first reading of the ordinance to approve rezoning request ZOA #10-01. The rezoning request was postponed at the March 8, 2010, City Council meeting to give the petitioner additional time to finalize the development agreement and assembly all the items that need to be attached to the agreement. The General Plan for Development Agreement has now been prepared and reviewed by staff and the City Attorney. All the final attachments have also been submitted and reviewed by City staff. The development agreement is included in your packet for your review. Two bonded copies of the development agreement with the final attachments will be available for review Monday night. RECOMMENDATION Staff recommends approval of the attached General Plan for Development Agreement as submitted. FRIDLEY MARKET GENERAL PLAN FOR DEVELOPMENT AGREEMENT by and between T-L FRIDLEY LLC and THE CITY OF FRIDLEY THIS GENERAL PLAN DEVELOPMENT AGREEMENT (the "Agreement") is made and entered into this day of , 2010 by and between the City of Fridley, a municipal corporation organized under the laws of the State of Minnesota (the "City"), and T-L Fridley LLC, a Delaware limited liability company (the "Developer") (collectively, the "Parties"). RECITALS WHEREAS, the Developer is the fee owner of certain property consisting of 15.33 acres commonly known as 250 57th Avenue North, Fridley, Minnesota and legally described on the attached Exhibit A (the "Property"); and WHEREAS, the Property was originally developed as a retail shopping center in 1966 and consists of a single 165,000 square foot building; and WHEREAS, the Developer and/or its affiliate has made application to the City for approval of a rezoning of the Property from C-3, General Shopping District to Planned Unit Development ("PUD") to redevelop a retail shopping center to consist of four buildings comprising approximately 196,000 square feet of leaseable space, to be developed in multiple phases, to be served by approximately 754 parking stalls when fully developed (the "Project") on the Property; and WHEREAS, on March 8, 2010, the City Council adopted Ordinance No. , a copy of which is attached as Exhibit B hereto and fully incorporated herein by reference (the "PUD Ordinance") granting approval to the PUD rezoning, on the condition that Developer enter into this Agreement with the City governing the redevelopment of Property; and WHEREAS, the Developer has submitted for approval all of the engineering, architectural, signage, phasing site development, landscaping plans and design guidelines described in the attached Exhibit C on file with the Fridley Planning Manager and fully incorporated herein by reference (collectively, the "Proj ect Documents"). WHEREAS, in order to facilitate the understandings and commitments to improve the Property, the City and the Developer have agreed to enter into this Agreement for the purpose of defining the mutual rights and obligations of the parties hereto; NOW THEREFORE, in consideration of the Party's promises as set forth in this Agreement, it is mutually agreed as follows: 132335 1) Purpose. This Agreement is intended to serve as the zoning and land use framework for all uses of the Property setting forth the overall general plan of the Proj ect. 2) Warrantv of Developer. Developer hereby warrants and represents to the City, as an inducement to the City's entering into this Agreement, that Developer is the fee owner of the Property and is a limited liability company in good standing and authorized to do business in the State of Minnesota. 3) Ri�ht to Proceed. The Developer may, upon execution of this Agreement undertake the site improvements and install utilities, construct sewer lines, water lines, and the improvements described in the Project Documents provided all other conditions required to commence the improvements have been satisfied. 4) Land Use. The uses allowed within this PUD shall include all those permitted accessory and conditional uses set forth in the Fridley Zoning Code C-3 District at Section 205.15 of the City Code. In approving the Rezoning ZOA#10-01 of the Property from C-3 to PUD, the City Council established the following findings: The proposed uses meet the goals highlighted in the 2030 Comprehensive Plan The Proj ect provides added tax value to an underutilized retail site. The Proj ect provides additional j ob opportunities. 5) Phasin� Plan. Developer represents and the City acknowledges the Project is intended to be developed in multiple phases generally as depicted on the Phasing Plans included in Exhibit C and as generally described below: Phase 1- Construction of a new retail building and associated site work on the east side of the existing building (for proposed relocated Fridley Municipal Liquor Store and 3,600 s.f. retail). Phase 2A - Construction of a new anchor store within the east end of the existing building, partial demolition of the north side of the existing building, and associated site improvements (for proposed relocated Cub Foods store). Phase 2B - Construction of new "Retail A" building and associated site improvements (multi-tenant retail building a maximum of 10,500 s.f.). Phase 3A - Construction of new "Anchor A" store(s) within the west end of the existing building, partial demolition of the north side of the existing building, and associated site improvements (for proposed single or multiple anchors). 132335 2 Phase 3B - Construction of new "Retail B" building, drive-thru lane, and associated site improvements (for proposed quick service restaurant with drive thru and/or retail. Retail building a maximum of 10,000 s.f.) Phase 4- Construction of a new retail building(s) and associated site improvements (for proposed "Anchor B& C") on the south side of the property (Retail building(s) a maximum of 30,000 s.f.). As provided in Fridley Code Section 205.21 3G(2), Developer shall undertake development of Phase 1 and 2A within three (3) years from the time of district approval by the City. The Parties agree and understand the phases may be developed in any sequence. The Parties further agree that upon commencement of any on-site work, substantial rights in the PUD "vest" under Minnesota law. 6) Desi�n Guidelines. All improvements shall be constructed in accordance with the Project Documents. 7) Financial Securitv for Improvements. The Developer shall furnish the City a cash escrow, irrevocable letter of credit or performance bond acceptable to the Director of Community Development as security for each phase of the work for (a) landscape and public site improvements, and (b) on-site public utilities and stormwater improvements, at the time construction of each portion of such improvements will commence. In the event seasonal conditions render installation impractical, the City agrees that required landscaping may be installed the following spring as a condition of obtaining certificates of occupancy. 8) Future PUD Modifications. The method of determining amendments to this PUD approval shall be governed by City Code of Ordinances § 205.21. Changes in the location, placement, size, timing, dimensions, density or design of buildings or other improvements within the PUD shall be subj ect to one of the three following categories of interpretation: (1) Minor changes in the location, placement, size, timing, dimensions, density or design of buildings or other improvements may be authorized by the zoning administrator upon request of the Developer as changes may be appropriate under the circumstances. Measurable changes shall be presumed minor if resulting in 10% or less departure from the approved General Plan of Development. (2) More significant changes in the location, placement, size, timing, dimensions, density or design of buildings or other improvements that the Zoning Administrator determines are not governed by (1) and (3) may be authorized by the City Council upon staff recommendation where appropriate under the circumstances. 132335 3 (3) Material changes in the location, placement, size, timing, dimensions, density or design of buildings or other improvements which affect the overall design of the Project shall be referred to the Planning Commission for report and recommendation, after which the City Council shall hold a review to approve or deny such modifications to the General Plan of Development. 9) Park Dedication Fees. City and Developer acknowledge no park dedication fees are required to be paid to the City. 10) General Provisions. (a) Binding Effect. The terms and provisions hereof shall be binding upon, and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Property and shall be deemed covenants running with the land. (b) Severable. In the event that any portion of this Agreement shall be held invalid for any reason, the same shall not affect in any respect whatsoever the validity of the remainder of this Agreement. (c) Notices. All notices and demands specified herein shall be deemed appropriately and timely given when delivered by personal delivery or by commercial overnight courier service. The addresses of the parties hereto are as follows until changed by written notice given as above: If to the City at: City of Fridley Attn: City Manager 6431 University Avenue NE Fridley, MN 55432-4383 With a Copy to: Fritz Knaak Knaak & Kantrud PA 3500 Willow Lake Boulevard, Suite 800 Vadnais Heights, MN 55110 If to the Developer at: T-L Fridley LLC c/o Tri-Land Properties, Inc. One Westbrook Corporate Center, Suite 520 Westchester, IL 60154 Attn: Hugh D. Robinson With a Copy to: Timothy J. Keane Malkerson Gunn Martin LLP 220 South 6th Street, Suite 1900 Minneapolis, MN 55402 132335 4 and Jeffrey D. Warren Burke, Warren, MacKay & Serritella 330 W. Wabash Ave., 22"d Floor Chicago, IL 60611-3607 (d) Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. (e) Immunities. Nothing in this Agreement shall constitute a waiver or limitation of any immunity from or limitation to which the City is entitled under Minnesota Statutes, Chapter 466 or otherwise. (� Minnesota Law. This Agreement shall be construed and enforced consistent with Minnesota law. (g) Amendment; Waiver; Inte�ration. Any amendment to the PUD pursuant to section 8(3) herein must conform to the requirements of Section 205.21 of the City Code. Any amendment to this Agreement must be in writing and signed by both parties. No delay or omission to exercise any right or power accruing hereunder shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. IN WITNESS WHEREOF, the City and Developer have caused this Agreement to be duly executed on the day and year first above written. THE CITY OF FRIDLEY, MINNESOTA, a Minnesota municipal corporation By: Its: Mayor By: Its: City Manager T-L FRIDLEY LLC, a Delaware limited liability company : Its: 132335 $ EXHIBIT A LEGAL DESCRIPTION Lot 2, Block 1, Holiday North 2"d Addition, subj ect to easement of record. 132335 EXHIBIT B ORDINANCE NO. ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS The Council of the City of Fridley does ordain as follows: SECTION 1. Appendix D of the Fridley City Code is amended hereinafter as indicated, and is hereby subj ect to the stipulations as shown in Attachment 1. SECTION 2. The tract or area within the County of Anoka and the City of Fridley and described as: 250 57th Avenue NE Lot 2, Block 1, Holiday North 2"d Addition, subj ect to easement of record. Is hereby designated to be in the Zoned District PUD (Planned Unit Development) SE CTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or area to be rezoned from Zoned District C-3 (General Shopping) to PUD (Planned Unit Development). PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 29tn DAY OF MARCH, 2010. SCOTT J. LUND — MAYOR ATTEST: DEBRA A. SKOGEN — CITY CLERK Public Hearing: First Reading: Second Reading Publication: February 8, 2010 February 22, 2010 March 29, 2010 132335 '7 ATTACHNIENT ONE 1. The property shall be developed in accordance to the General Plan for Development Agreement, which will include the architectural plans dated February 5, 2010 and the Architectural Design and Signage Guidelines dated March 23, 2010. 2. The General Plan for DevelopmentAgreement shall include a three year time deadline from district approval for commencement of construction as provided in Code Section 205.21 3G(2). 3. The property shall be developed in accordance with the site plan SP-1 dated February 3, 2010 which will incorporate the stipulations included herein and approved by staff. 4. The building elevations and signage shall be constructed in accordance with architectural plans A 1-A8, dated February 5, 2010. 5. Phasing Plan shall be modi�ed to show demolition of the entire 50 feet on the front of the building to be completed within one year of the opening of the Cub Foods store and the plans and shall be redone to show modification of parking areas and installation of landscaping, signage and pedestrian connections. 6. The applicant shall obtain all necessary permits for each phase prior to construction, including but not limited to building, land alteration, sign permits. 7. The proposed project and phasing shall meet all Building code, Fire code, and ADA requirements. 8. City engineering staff to review and approve grading and drainage plan prior to issuance of building permits. 9. Landscape plan to be reviewed and approved by City Staff prior to issuance of building permit. Any dead trees on the site will need to be replaced annually. 10. Applicant of building permit applications, to pay all water and sewer connection fees prior to issuance of a building permit. 11. The subject property shall not be allowed to have telecommunication facilities or billboards constructed on it. 12. Existing light poles and �xtures on the south side of the subject property shall be removed during Phase 1 of the proposed project or by June 15, 2010, whichever comes first. 13. Truck route serving all buildings proposed for site shall follow a one-way counter clock-wise loop entering from west entrance of site and exiting the east entrance of site; revised site plan reflecting such change to be submitted for staff approval prior to second reading of ordinance. No truck loading will be allowed on 57�`' Avenue. 14. All lighting shall be no more than 3-foot candles at the property line. 15. Site Plan must be redrawn to relocate outdoor sale areas to a location off of an access drive aisle. Fence design around the outdoor sa/es area shall be reviewed and approved by City staff prior to issuance of a building permit for Phase 2A. If the /oss of parking or snow storage space resulting from use of the outdoor sale area creates a parking shortage, the outdoor sale areas use must remain solely for parking. 16. Pedestrian crosswalks shall be clearly delineated with colored striping or colored pavement to accommodate safe pedestrian movement between the retail buildings. 17. The petitioner shall comply with any requirements set forth by the Anoka County Highway Department. 18. The petitioner shall comply with any requirements set forth by the Minnesota Department of Transportation. 19. No firework displays shall occur within the outdoor sa/es areas. 20. No fertilizer shall be stored outside, the store's principle building, nor shall any other garden center materials be stored outside the garden center's fenced containment area. 132335 21. Access to Holiday Station store and CVS Pharmacy shall be maintained during construction. 22. Bike racks shall be provided on site per code requirements. 23. Design detail shall be provided for the main sidewalk running north and south in the parking lot. 24. Speci�c areas shall be designated for snow storage and a plan shall be submitted showing those areas, prior to issuance of a building permit for Phase 1. 25. The petitioner shall submit a comprehensive sign plan to be attached to the General Plan for Development. 26. Applicant will have to provide a specific stormwater conveyance and treatment system plan for approval by Engineering for each development phase prior to construction commencement. An approved plan may include facilities that have not been shown on plans to date. 27. Applicant will have to provide a specific temporary and permanent erosion control plan for approval by Engineering for each development phase prior to construction commencement. An approved plan may include facilities that have not been shown on plans to date. 28. Access easements for the stormwater collection system, stormwater treatment facilities, and sanitary sewer and water systems will be provided to the City of Fridley as approved by Engineering prior to construction commencement. 29. Maintenance agreements for the stormwater collection system, stormwater treatment facilities, and sanitary sewer and water systems will be provided to the City of Fridley as approved by Engineering prior to construction commencement. 30. As part of a maintenance agreement for the stormwater collection system, a permanent SWPPP will be submitted for the site and approved by Engineering to include consideration for treatment facility maintenance, minimization of contaminated runoff from garden center areas, truck dock areas, snow storage areas, etc. This will be provided prior to construction commencement. 31. Applicant will have to provide a specific utility plan for approval by Engineering for each phase prior to construction commencement. An approved plan may include facilities that have not been shown on plans to date. Note that inclusion of restaurants, cafes, or dining areas of all types will require external grease traps approved by Engineering on respective sanitary sewer discharge lines. 32. The traffic study shall be revised to show traffic impacts to the site and surrounding road network for a restaurant use or restaurant use with the drive-thru within Retail A and Retail 8. Upon completion the petitioner shall provide revised traffic data to the City, County and Mn/DOT for approvals. 132335 9 EXHIBIT C PROJECT DOCUMENTS 1. Site development plans dated February 3, 2010, prepared by McCombs Frank Roos and Associates. 2. Architectural Design and Signage Guidelines prepared by the Architectural Consortium dated March 23, 2010. 3. Exterior building and sign elevations, Sheet A-1 through A-8, prepared by Architectural Consortium and date stamped February 5, 2010. 4. Comprehensive Signage Plan, including Exhibits A-D, prepared by the Architectural Consortium and date stamped March 21, 2010. 5. Phasing Narrative prepared by Tri-Land Properties, Inc. and date stamped March 20, 2010. 6. Phasing Plans, Phase 0-IV, prepared by MFRA and date stamped January 4, 2010. 7. Stormwater Management Plans G 1 through C-6, prepared by 1V�IFA and date stamped March 4, 2010. 8. Landscaping plans, prepared by Brickman, and date stamped February 5, 2010. 9. Traffic Analysis prepared by Westwood Consulting Services and date stamped March 22, 2010. 10. Truck Maneuvering Plans and Pedestrian Walkability Plan 132335 10 � � CfTY OF FRIaLE7 Date To AGENDA ITEM CITY COUNCIL MEETING OF MARCH 29, 2010 March 24, 2010 Wlliam Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject: Second Reading of Rezoning Request, ZOA #10-01, by Tri-Land Properties, Inc. INTRODUCTION Glenn Johnson of Tri-Land Properties Inc., from Westchester Illinois, owner of the subject property at 250 57th Avenue, is seeking to rezone the property from C-3, General Shopping to PUD, Planned Unit Development. The purpose of the rezoning is to allow for the redevelopment of the entire site to what the developer is calling The Fridley Market. The redevelopment will allow for structural changes to the existing building, modernization of the existing building exterior farade, and construction of new retail buildings along the north side of the property as well as the south side of the property. The site will also undergo reconstruction of the parking lot and entrances to promote multi-modal access, and installation of 146 new trees and landscaping. ANALYSIS Since the City Council saw this item at the February 22, 2010 City Council meeting, the petitioner has submitted the final development agreement and necessary attachments for review. Staff and the City Attorney have had a chance to review the development agreement, and one modification has been made to stipulations #2. Stipulation # 2, you will recall, required that there not be a gap of more than 36-months between construction phases. After much more analysis and debate, staff conceded that this is not only a market-driven timeline where the developer has limited control, but that there are also assurances that the developer has had to make with Cub Foods that other development will follow in a timely manner and no future phase will be left unattractive so as to be a hindrance to Cub, other tenants, or the City's quality environment. The developer has indicated that banks will be very reluctant to finance the deal, with uncertainty of future zoning, based on this stipulation as it was worded. As a result, stipulation #2 now simply reflects the language in the City's PUD ordinance and requires the first phase to begin within 36 months. All the attachments to the development agreement have been modified to reflect staff's recommended changes and are ready for the City Council to approve as a final package. Attached in your packet to is a copy of the architectural design and signage guidelines, a copy of the site plan, a copy of the elevations for the Cub Foods building, and a schematic drawing showing potential signage, ornamental lighting, and landscaping along the side walk. Minor modifications were made to the architectural design and signage guidelines to reflect the consistency of a"4-sided building" for all buildings within the development, all other attachments remain the same. The final product with the development agreement and all the attachments is so significant; staff determined that the above listed attachments were most appropriate to attach to the memo for your review, while the remainder of the items is incorporated with the Development Agreement package. Two bonded copies of the Development Agreement with all the attachments will be available for your review on Monday night. PAST COUNCIL ACTION At the February 8, 2010, City Council meeting, a public hearing was held for ZOA #10-01. The City Council evaluated many aspects of the project during a lengthy discussion and requested that a 60-day action letter be sent to the petitioner. Staff sent the letter as requested. At the February 22, 2010, City Council meeting, first reading of the ordinance for rezoning ZOA #10-01 was held. The rezoning request was postponed at the March 8, 2010 City Council meeting to give the petitioner additional time to finalize the development agreement and assembly all the items that need to be attached to the agreement. PLANNING COMMISSION RECOMMENDATION At the January 20, 2010, Planning Commission meeting, a public hearing was held for ZOA #10-01. After some discussion between the Commission and staff and the Commission and the petitioner, the Planning Commission recommended approval of rezoning, ZOA #10-01, with the stipulations as presented by staff. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMENDATION City Staff recommends the Council hold the second and final reading of an ordinance for the approval of the rezoning ZOA #10-01. STIPULATIONS 1. The property shall be developed in accordance to the General Plan for Development Agreement, which will include the architectural plans dated February 5, 2010 and the Architectural Design and Signage Guidelines dated March 23, 2010. 2. The General Plan for Development Agreement shall include a three-year time deadline from district approval for commencement of construction as provided in Code Section 205.21 3G(2). 3. The property shall be developed in accordance with the site plan SP-1 dated February 3, 2010 which will incorporate the stipulations included herein and approved by staff. 4. The building elevations and signage shall be constructed in accordance with architectural plans A 1-A8, dated February 5, 2010. 5. Phasing Plan shall be modified to show demolition of the entire 50 feet on the front of the building to be completed within one year of the opening of the Cub Foods store and the plans and shall be redone to show modification of parking areas and installation of landscaping, signage and pedestrian connections. 6. The applicant shall obtain all necessary permits for each phase prior to construction, including but not limited to building, land alteration, sign permits. 7. The proposed project and phasing shall meet all Building code, Fire code, and ADA requirements. 8. City engineering staff to review and approve grading and drainage plan prior to issuance of building permits. 9. Landscape plan to be reviewed and approved by City Staff prior to issuance of building permit. Any dead trees on the site will need to be replaced annually. 10. Applicant of building permit applications, to pay all water and sewer connection fees prior to issuance of a building permit. 11. The subject property shall not be allowed to have telecommunication facilities or billboards constructed on it. 12. Existing light poles and fixtures on the south side of the subject property shall be removed during Phase 1 of the proposed project or by June 15, 2010, whichever comes first. 13. Truck route serving all buildings proposed for site shall follow a one-way counter clock- wise loop entering from west entrance of site and exiting the east entrance of site; revised site plan reflecting such change to be submitted for staff approval prior to second reading of ordinance. No truck loading will be allowed on 57t`' Avenue. 14. All lighting shall be no more than 3-foot candles at the property line. 15. Site Plan must be redrawn to relocate outdoor sale areas to a location off of an access drive aisle. Fence design around the outdoor sa/es area shall be reviewed and approved by City staff prior to issuance of a building permit for Phase 2A. If the /oss of parking or snow storage space resulting from use of the outdoor sale area creates a parking shortage, the outdoor sale areas use must remain solely for parking. 16. Pedestrian crosswalks shall be clearly delineated with colored striping or colored pavement to accommodate safe pedestrian movement between the retail buildings. 17. The petitioner shall comply with any requirements set forth by the Anoka County Highway Department. 18. The petitioner shall comply with any requirements set forth by the Minnesota Department of Transportation. 19. No firework displays shall occur within the outdoor sa/es areas. 20. No fertilizer shall be stored outside, the store's principle building, nor shall any other garden center materials be stored outside the garden center's fenced containment area. 21. Access to Holiday Station store and CVS Pharmacy shall be maintained during construction. 22. Bike racks shall be provided on site per code requirements. 23. Design detail shall be provided for the main sidewalk running north and south in the parking lot. 24. Specific areas shall be designated for snow storage and a plan shall be submitted showing those areas, prior to issuance of a building permit for Phase 1. 25. The petitioner shall submit a comprehensive sign plan to be attached to the General Plan for Development. 26. Applicant will have to provide a specific stormwater conveyance and treatment system plan for approval by Engineering for each development phase prior to construction commencement. An approved plan may include facilities that have not been shown on plans to date. 27. Applicant will have to provide a specific temporary and permanent erosion control plan for approval by Engineering for each development phase prior to construction commencement. An approved plan may include facilities that have not been shown on plans to date. 28. Access easements for the stormwater collection system, stormwater treatment facilities, and sanitary sewer and water systems will be provided to the City of Fridley as approved by Engineering prior to construction commencement. 29. Maintenance agreements for the stormwater collection system, stormwater treatment facilities, and sanitary sewer and water systems will be provided to the City of Fridley as approved by Engineering prior to construction commencement. 30. As part of a maintenance agreement for the stormwater collection system, a permanent SWPPP will be submitted for the site and approved by Engineering to include consideration for treatment facility maintenance, minimization of contaminated runoff from garden center areas, truck dock areas, snow storage areas, etc. This will be provided prior to construction commencement. 31. Applicant will have to provide a speci�c utility plan for approval by Engineering for each phase prior to construction commencement. An approved plan may include facilities that have not been shown on plans to date. Note that inclusion of restaurants, cafes, or dining areas of all types will require external grease traps approved by Engineering on respective sanitary sewer discharge lines. 32. The traffic study shall be revised to show traffic impacts to the site and surrounding road network for a restaurant use or restaurant use with the drive-thru within Retail A and Retail 8. Upon completion the petitioner shall provide revised traffic data to the City, County and Mn/DOT for approvals. ORDINANCE NO. ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS The Council of the City of Fridley does ordain as follows: SECTION 1. Appendix D of the Fridley City Code is amended hereinafter as indicated, and is hereby subject to the stipulations as shown in Attachment 1. SECTION 2. The tract or area within the County of Anoka and the City of Fridley and described as: 250 57t" Avenue NE Lot 2, Block 1, Holiday North 2nd Addition, subject to easement of record. Is hereby designated to be in the Zoned District PUD (Planned Unit Development) SE CTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or area to be rezoned from Zoned District C-3 (General Shopping) to PUD (Planned Unit Development). PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 29tn DAY OF MARCH, 2010. SCOTT J. LUND — MAYOR ATTEST: DEBRA A. SKOGEN — CITY CLERK Public Hearing: February 8, 2010 First Reading: February 22, 2010 Second Reading: March 29, 2010 Publication: ATTACHMENT ONE 1. The property shall be developed in accordance to the General Plan for Development Agreement, which will include the architectural plans dated February 5, 2010 and the Architectural Design and Signage Guidelines dated March 23, 2010. 2. The General Plan for Development Agreement shall include a three-year time deadline from district approval for commencement of construction as provided in Code Section 205.21 3G(2). 3. The property shall be developed in accordance with the site plan SP-1 dated February 3, 2010 which will incorporate the stipulations included herein and approved by staff. 4. The building elevations and signage shall be constructed in accordance with architectural plans A 1-A8, dated February 5, 2010. 5. Phasing Plan shall be modified to show demolition of the entire 50 feet on the front of the building to be completed within one year of the opening of the Cub Foods store and the plans and shall be redone to show modi�cation of parking areas and installation of landscaping, signage and pedestrian connections. 6. The applicant shall obtain all necessary permits for each phase prior to construction, including but not limited to building, land alteration, sign permits. 7. The proposed project and phasing shall meet all Building code, Fire code, and ADA requirements. 8. City engineering staff to review and approve grading and drainage plan prior to issuance of building permits. 9. Landscape plan to be reviewed and approved by City Staff prior to issuance of building permit. Any dead trees on the site will need to be replaced annually. 10. Applicant of building permit applications, to pay all water and sewer connection fees prior to issuance of a building permit. 11. The subject property shall not be allowed to have telecommunication facilities or billboards constructed on it. 12. Existing light poles and �xtures on the south side of the subject property shall be removed during Phase 1 of the proposed project or by June 15, 2010, whichever comes first. 13. Truck route serving all buildings proposed for site shall follow a one-way counter clock- wise loop entering from west entrance of site and exiting the east entrance of site; revised site plan reflecting such change to be submitted for staff approval prior to second reading of ordinance. No truck loading will be allowed on 57�`' Avenue. 14. All lighting shall be no more than 3-foot candles at the property line. 15. Site Plan must be redrawn to relocate outdoor sale areas to a location off of an access drive aisle. Fence design around the outdoor sa/es area shall be reviewed and approved by City staff prior to issuance of a building permit for Phase 2A. If the /oss of parking or snow storage space resulting from use of the outdoor sale area creates a parking shortage, the outdoor sale areas use must remain solely for parking. 16. Pedestrian crosswalks shall be clearly delineated with colored striping or colored pavement to accommodate safe pedestrian movement between the retail buildings. 17. The petitioner shall comply with any requirements set forth by the Anoka County Highway Department. 18. The petitioner shall comply with any requirements set forth by the Minnesota Department of Transportation. 19. No firework displays shall occur within the outdoor sa/es areas. 20. No fertilizer shall be stored outside, the store's principle building, nor shall any other garden center materials be stored outside the garden center's fenced containment area. 21. Access to Holiday Station store and CVS Pharmacy shall be maintained during construction. 22. Bike racks shall be provided on site per code requirements. 23. Design detail shall be provided for the main sidewalk running north and south in the parking lot. 24. Speci�c areas shall be designated for snow storage and a plan shall be submitted showing those areas, prior to issuance of a building permit for Phase 1. 25. The petitioner shall submit a comprehensive sign plan to be attached to the General Plan for Development. 26. Applicant will have to provide a speci�c stormwater conveyance and treatment system plan for approval by Engineering for each development phase prior to construction commencement. An approved plan may include facilities that have not been shown on plans to date. 27. Applicant will have to provide a speci�c temporary and permanent erosion control plan for approval by Engineering for each development phase prior to construction commencement. An approved plan may include facilities that have not been shown on plans to date. 28. Access easements for the stormwater collection system, stormwater treatment facilities, and sanitary sewer and water systems will be provided to the City of Fridley as approved by Engineering prior to construction commencement. 29. Maintenance agreements for the stormwater collection system, stormwater treatment facilities, and sanitary sewer and water systems will be provided to the City of Fridley as approved by Engineering prior to construction commencement. 30. As part of a maintenance agreement for the stormwater collection system, a permanent SWPPP will be submitted for the site and approved by Engineering to include consideration for treatment facility maintenance, minimization of contaminated runoff from garden center areas, truck dock areas, snow storage areas, etc. This will be provided prior to construction commencement. 31. Applicant will have to provide a specific utility plan for approval by Engineering for each phase prior to construction commencement. An approved plan may include facilities that have not been shown on plans to date. Note that inclusion of restaurants, cafes, or dining areas of all types will require external grease traps approved by Engineering on respective sanitary sewer discharge lines. 32. The traffic study shall be revised to show traffic impacts to the site and surrounding road network for a restaurant use or restaurant use with the drive-thru within Retail A and Retail 8. Upon completion the petitioner shall provide revised traffic data to the City, County and Mn/DOT for approvals. Fridley. Markei Development 3/23110 Arc�itectural Design and Sig�age Guidelines Architectural Consortium LLC The averall design concept is to create a cohesive development combining potential uses that may include retail, restaurants, o�fice, hotel, motel, residential, other like uses, or typical C-3 zone uses in a master plan to allow flexibility of building types. The arcl�iteciure shouid maintain a uniforxn character and reflect a sty�e that is compatible amongst all buildings in the development. BUILDING ORIENTATION - Site planning concept of multiple buildings with a focus inward as well as taward 7nterstate Highway 694; LTniversity Avenue, tlieir interchaange, 57�' Avenue N.E., � and Main S�ree�. - The orientation of buildings should take advantage of available view sheds of future development sites where possible. - Building enirances shall have a direct relationship to convenient parking fields. - Buildings along 57th Avenue shall be located close to the road to create a pedestrian/ urban envirar�ment with signage on the street and principal entrances and sigr�.age facing internal communal parking and entry drives. - Future development in tlie southern portion of�the site may be oriented to front Hwy 694 or screen #he existing bnilding. BUII.,DING DESIGN Building Mass - Varying scale of buildings is encouraged. - Varying rooflines to create interest in design styles sha11 be �;ncouraged. � Building coverage of not more than 40% is acc�pted. - Large expanses of hlank and featureless wall facing public sf�'eet frontage are prohibited. Facade Design - Colarfui canopies, raofs, and accents should be incorporated, however controlled to a pa.lette of selec�ed colors pursuant to the color and material board subrnitted and approved by #he city. - Archiiectural character will be consistent with.all buildings within master plan. - Masonry detailing such as soldier coursing, plane changes, or paiterni�g should be incorporated. - Themat�c decorations are limited to main front entries anly. - The use of cornices, ornamental lights, graphics, T�nant blade signs, and �ther architect-�.iral details should be incorporated wher� appropriate. - The archi#ecture of the new and renovated buildings shall be coniinued on all four sides of the buildings ("four sided architectur�"). On the 57`h Avenue frontage of Retail A and B alumintim framing, glazing, and "awnings" sha11 be used to mimic storefronts on that "rear" of the building. Building Materials � Materials s�all be selec�ed for suitability ta tiie type of buildings and the design in which they are used. Building walls are to be finished in aesthetically acceptable tanes and colors to be compatibie with tones and colors of the approved palette. - All materials rnust be of a durable quality. - Exterior wall treatments shall be of materia�s such as brick, nat�u�a1 stone, decorative concrete block, EIFS, glass, steel and architectural metal panels. - All woad treatment shall be painted and weather proofed. - Colors and specifications of masoanxy and stucco colors shall be of a consistent range throughflut the development -- Blank single masonry walls must consist of 25% of decorative masonry using variation in color, #exture, or surface Rear of buildings shall be in a color to match predominant front masonry colars. - Existing buildings may be renovated to match new construction with th� use of paint colors or other ap�lied surface treatments. Doors and Windows - Canopies shall be incorporated ai entry ways where appropriate. - Window frame, material, and color to carnplerneni architectural style and be consistent in color througbout development. - Window apenings may be modulated to scale and praportion that is compatible with the architectural style. M�imize storefront and graphic opportunities to avoid Iong expanses of blank and featureless walls at street fronts. - A xninim�arn of S' clear space shall be provided from sidewallc elevation to the lowest point af a canopy and or suspended sign. - Window frames shall be constructed of prefinishe� metal. - Window and doors shall be glazed in clear glass %r retail buildings. Mirrored windows sha11 be discouraged. - Where appropriafie, the use of spandrel glass may be incorporated to mimic storefront glass. - Graphic elements rr�ay be incorporated into wall areas to mimic storefronts and provide visual interest. SCREENIlVG Load.ing areas shall be screened fram public view wath walls similar to adjacent building material, fences, landscaping, or physical distaxace separation. Service and utility doors to be painted ta match, or be compatible with, surraunding colors. Drive — th�u or se�rvice lanes shall be screened with berms, landscaping or fencing. . - Rooftop units rnay be screened by parapets or walllfencing materials, or pair�t to match surrounding colors when visible froan #he property Iine. FRANCHISE DESIGN - The requirements of regional and national franchises shall maintain their corpor�te identiiy but shall be encouraged to utilize simila� materials, scale and style of thes� architectural standards. .� LANDSCAPE AND S�TE TREATMENT Planting - Plant materi.al is to be utilized within the master plan as an aid to provide contin�ity within the site and provide a recognized definition of its boundaries. - Qverstary trees will be utilized along externaZ and internal roadways and placed so as to noi block visibility of commercial signage. - Unity o�design shall be achieved by rep�tition of certain plant varieties, planting patterns, and other streetscape mater�als and by correlatio� with the approved landscape plan. - Entry points into the siie are to be specia�ly landscaped and are to be desigaed with a common theme. - Plan� material is to be utilized as a screening element for parking and building utility� areas. - Plan# materials are to be utilized vwithin parlang lot islands, grouped massing of �andscape is encouraged in parking lots versus individual planting to maximize landscape impact and allow functional snow removal. Som� islands may be � pa�ed as pedestrian walk �areas. - Loading, ser�ice, uf�lity and outdoor storage areas that are visible from public � roadways shail be predorn�nantly screened with fencing, walls,landscaping or bern�s. When natural materials are used as principal screening, 75% opacity must be achieved year round through the use of evergreen trees. - Plant materials shall be selected with regard to, its interesting structure, texture, color, seasonal it�terest, climate zone durability and i#s ultimate growth characteristics. - Where building sites have limited areas for planting, the placement of plant materials in planters, pats, or within paved areas is allowed and encouraged. Parking - When determ�ned appropriaie, commercial buiiding areas are to accommoclate space for bicyclelanotorcycle parking areas and bike racks. - Cross parking between building areas is encouraged. - Parking sfalls to be a minimum of 9'x 18' and drive aisles to be, typically, 25' (61' bay spacing}. � - Major drive aisles or truck routes may have increased aisle widths. __ _ __ _ _ _ __ _ . _ Parking lot Iayout should include clear, traffic movement for both pedestrian and automobile. . A minimum overall parking ratio of below 4.011000 shall be maintained. Site irr�peivious surface should bc minimized to help preserve green space, y'et provide the necessary parking amount to support the de�velopment regardless of uses. Ouidoor Sales Areas - Outdoor sales are limited to the areas allowed in C3 Zoning and thase designated areas on the approved site plan. - Sales areas within tYie parking lot rriust be indentified by a paving pattern and rnust incorporate fencing and "pergola" stnictures to define space, -"No Parking" signs must be incorporated ta avaid traffic congestion within tt�e parking lot. � - If sales area is temporaxy, structure m�st be removeable and the a�rea be returned ta parking stalls at canclusion of sales period. � - Entry to sales az�ea shall be from internal drive aisle. - Outdoor sales areas {as shown on Master Site Plan dated 3-19-1Q) will be allowed and encouraged. - Such areas shall utilize a unified theme and approach to the defining elements {structural ele�nents, railings, shading, paving, Iighting) for the creation of ihese e�teriar spaces. Pergola structure shall be weather durable and fram�d or clad wi.th stained wood (i.e. cedar), architectural metal, heavy �abric stack (i.e. awnings), andJ ar vinyl (i.e..fencing). Finish colars shall be frarn Approved Material Color Palette. - Signif cant structaaral improvements (albeit mountable/ demountable) and decorative pavement treahnents will be used to camplement the finishes of the renovated project. - In Outdoor Sales areas located in the parking lots no materials for sale may be displayed in parking lot outside of the designated "Outdoor Sales Area". - A�'ence shall provide enclosure at the sides of the sales area. Fertilizer sales sha11 be resfiricted to sma11 quantities in solid, waterproof containers of not more than five paunds each in areas.protected from weather. Lighting . - Lighting should provide continuity and cansistency throughout the area. All parking lot lights shall be metal .halide, high pressure sadium, or LED and be uniforrn in style, color, and height. Maximurn pale height of 50' in parking areas and 28' in entry drive areas and along property edges. - Light poles, heads, and bases shall be a consistent white color with 3' "Artforan" molded concrete bases - Exterior wall Iighting should be incorporated ta enhance the building design and the adjoining la.ndscape. - Lighting styles and building fixtures shall be of a design and size compatible wiih tha building and adjacent areas. OrnamentalligY�ting shall be encauraged. - Light ievels that promote a safe.environm�nt are encouraged. Excessive brightness shall be prohibited and li�ht levels of direct iliumination sha11 be not more than 3 footca.ndles at the c�nter's property lines vv�th City r�ghis-of way. Flags � � Flag poles located at the perimeter of the sight and at key focal points are encouraged to establish a coloz theme ar as an urban planning tool to define create focal points or to the bounds of the deveTopment. - Flag pole heights are not to exceed 30' - Flags are encou�raged an parking light poles to further reinforce the color theme ar %r seasonal attention. - Adver�ising is not allowed on the flags. Pedestrian Connections � Pedestrian connectivity rnust link all buildings within the site as depicted on Pedestrian Walkabiliiy plan dafied 3-15-10. - Pedestrian connections shaIl be made to the existing public sidewalk sys#em. - Banches or seating shall be provided at appropriat� areas for pedestrians. - Striping of crasswalks must be incorporated at appropriate crossings. - Outdoar seat�in.g areas {both proprietary (Tenants) and public} will be allowed and encouraged. Such areas shall utiliz� a�u�ified theme and approach to ihe def ning elements {structural elements, ra,ilings, shading, paving, lighting) for th�; creatian of these exterior spaces. Significant structtxral improvements (which may be mauntable/ demountabla) and decorafive pavement treaiments rr�ay be used to complement the finish�;s ofthe renovated project. SIGNAGE- BUILDING AND FREESTANDING MONUMENTS Signs nat allowed: -Rooftop signage -Signs painted on building -Electronic reader boaxds (Unless approved by landlord and city) -Flashing or motion signs �Po1e signs -"Fascia-type" signage shall use a surround (side return) color, at Landlord's discretion, that relates to the archit�ctural calo;r theme of the building or surface on which it is mounted or that is in a consistent arange throughout the ' development. - Base of monument signs must be of masonry material to match buildings, and reflect similar architectural cha�acter and de#ailing. - Monuments wiih signage relating to 57�' Avenue retail buildings sha11 be consi�tent in architectural character, height a�d sign squaxe footage area. (2S' high, SO SF of signage). - Monuments with signage at majar entry from 57t�' Avenue (Sign A) and sign to be coanstructed with Phase N(Sign B) shall be consistent in architectural character (25' high, 80 SF of signage) - Pylons with signage relating to the highways {Signs C& D) shall be consistent in character, heigh# and sign square footage area {35'high, 200 SF of signage) - Major entry feature or portal signage is allowed to identify name of development. - Traffic control signs and directional signs shall be uniform in design and may be de�eloper's standard style �- Building signage should not overpower architect�xral character, but serve as identity. . - Under canopy or blade signage is encouraged at appropr�ate pedestrian scale areas - Wall sxgnage shall be cor�tained withiri designated signage boundaries as shown on elevation sheets A-1 tluu A-8 dated 2/5/IQ (excep# A8 which is dated 3131I0). - Wall signage is allowed on any far�ade facing public R.O.W., enhy drives, or parking areas. - Landlord shall have the authority io place tenar�t signage ari wali areas that allow maximum visibility to traffic and the flexibility of location r�gardless of tenant Iocation. - Accent color banding ar neon will be counted in sign area calculation i�more than one band. - Wall signage colars are subjec� to landlord approval - Sigr�age on awiiings are subject to landlord approval - Rear exit daor signage and address signage is subject to landlord standards and shall be consistent throughout the development. (Subject to fire marshal and postal requi�ements). i i � � .� � r. � � fll r � z � �n � � rn r < D � O z .�. C rn � � � � 0 m c� 0 � � < m C� � C � � I � D W � n � Z Z G7 13�-4" 0 � I�- � I�� � I� � � ��� � I� � �_ � I I '� '� �I �I 'I 'I I ,I ,� � I �I I �I � I \ 'I I I ,I I � � � � � � � � i � � � � � � �� �� � � � � � � � � ��� �� ; � �� �; �� � � � � �� ;t � � � � � � � � � � � � ��� �� � z�� �'� ��m �� � cn=z =z ��� �� �° _ _ m � D � � � � � D� r m m �� � � � �� c� = z o z� � �_ z m � o m � � r m � � D C� C7 m � _ � � D � a _ � � w w � � w 0 a _ � w � � � � � � � � � � ;� � �� a ��� � �� �� � �� _� o� - a �, ��� w _�� z �� � a ' a�i �? J �� � W - � J � �N L.1_ U � w z z � ❑ z a J � H � J ( �1 � m � 0 � � � � � W - ��.�./.� � L.1_ r � � u w � 0 a � = C cn _ � � �ff1' 4F FRIDLE7` To: From Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF March 29, 2010 William W. Burns, City Manager Richard D. Pribyl, Finance Director Debra A. Skogen, City Clerk March 15, 2010 First Reading of an Ordinance Amending Chapter 30 Lawful Gambling of the Fridley City Code Defining Licensed Organizations In December of 2009 the mayor brought concerns from some of the Fridley organizations who want to conduct charitable gambling, but can't seem to find a location in the city, nor in neighboring cities. Staff surveyed eight cities and found seven cities had restrictive language requiring organizations to be located within the City. Based on these concerns, staff discussed the issue with the City Attorney and the City Council to prepare an ordinance for their review in February. After further discussion with the City Council and City Attorney, staff made a few more revisions of the ordinance. Staff recommends holding the first reading of an Ordinance Amending Chapter 30 Lawful Gambling of the Fridley City Code Defining Licensed Organizations, as shown in Attachment 1. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 30 LAWFUL GAMBLING OF THE FRIDLEY CITY CODE DEFINING LICENSED ORGANIZATIONS The City Council of the City of Fridley hereby finds, after review, examination and recommendation of staff, that the Fridley City Code be hereby amended as follows: CHAPTER 30. LAWFUL GAMBLING 30.01 STATEMENT OF POLICY The City of Fridley deems it desirable to regulate lawful gambling within its jurisdiction as authorized by Minnesota Statutes Section 349.213. The Citv finds that, for the purposes of �reater supervision and access of information, a more restrictive requirement for the location of licensed or�anizations to those located within the Citv is in the interest of the health and safetv of the citizens of the Citv of Fridle� 30.02 DEFINITIONS The definitions in Minnesota State Statutes Chapter 349 are adopted by reference in this chapter. Licensed organizations in the City of Fridley may be permitted to conduct lawful gambling or use any gambling device allowable by Chapter 349. Licensed Or�anizations In order to be eli�ible for a premises permit, an or�anization must meet the followin� requirements: A. The activities of the or�anization directiv or primarilv benefit the citizens of Fridle� B. One-third of the or�anization's members reside in the Citv of Fridlev. The or�anization must file a list containin� the names and addresses of all current members with each new application for a premises permit; and annuallv thereafter with the citv clerk; or the or�anization must have had a principal business or operations location in the Citv of Fridlev for a continuous period of at least one vear immediatelv precedin� the permit request and must maintain such a location to conduct business as lon� as the or�anization operates lawful a� mblin� activities in the cit� C. Or�anizations that are currentiv conductin� lawful a� mblin� in the Citv of Fridlev who do not meet the requirements above shall be allowed to conduct lawful �amblin� until April 30, 2012 or until their Lease for Lawful Gamblin� Activitv expires, whichever occurs first. Ordinance No. 30.03. REGULATIONS Page 3 1. Licensed organizations conducting lawful gambling within the City of Fridley shall expend ° seventv-five percent 75%� of its expenditures for lawful purposes conducted or located within the City of Fridley trade area. The Fridley trade area is limited to the City of Fridley and each city contiguous to the City of Fridley. 2. Licensed organizations conducting lawful gambling within the City of Fridley must file a copy of monthly gambling board financial reports to the Fridley city clerk. .,,�.�;,,,. „ ,-.,�;,,,,� ; o ��,.,,, �.,,,, r „ ��,o r;�., PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 200 . SCOTT J. LUND, MAYOR ATTEST: DEBRA A. SKOGEN, CITY CLERK First Reading: Second Reading: Published: � � CfTY OF Ff�IDLEY Date: To: From: Subject: AGENDA ITEM CITY COUNCIL MEETING OF MARCH 29, 2010 March 23, 2010 Wlliam Burns, City Manager Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Resolution approving Special Use Permit Request, SP #10-03, Blue Water Properties at 7685 Main Street NE INTRODUCTION The petitioner, Mark Anderson of Anderson Carpet and owner of the subject property, is seeking a special use permit to allow the continuation of two repair garage type uses within the existing building at 7685 Main Street. The City Code allows repair garages as a permitted special use in the M-1, Light Industrial zoning district. Repair garages are defined as a place where major repair of motor vehicles is conducted, including engine rebuilding or reconditioning and collision service, including body, frame, or fender straightening and overall painting of motor vehicles. Ron's Automotive has been renting space inside the building for approximately 3 years and Car Creations has been renting space inside the building for around 15 years. Ron's Automotive occupies 3,750 square feet within the building and does general automotive repair. Body work isn't provided as part of his business. Car Creations occupies 2,400 square feet of space within the building and is a general metal fabricating shop specializing in repairing vintage car parts. In connection with the repair businesses, the petitioner is also seeking a special use permit to allow limited outdoor storage on the southeast side of the building. This outdoor storage area will primarily be used by the repair garage tenants within the building. The proposed outdoor storage area is 1,800 square feet and will be used for storage of vehicles waiting to be repaired or waiting to be picked up. City Code allows limited outdoor storage in the industrial districts that is up to 50% of the building footprint with a special use permit. The buildings square footage is 17,399 square feet, so City code would allow up to 8,699 sq. ft. of outdoor storage on this site. The petitioner is proposing to temporarily store work-in-process repair vehicles waiting for parts or pick up and construction tools or materials within the proposed outdoor storage area. The area is along the southeast side of the building and is 1,800 sq. ft. in size, which is approximately six parking stalls. PLANNING COMMISSION RECOMMENDATION At the March 17, 2010, Planning Commission meeting, a public hearing was held for SP #10-03. After a brief discussion, the Planning Commission recommended approval of special use permit, SP #10-03, with a minor modification to stipulation #5. Staff had that the vehicles stored in the storage area should be "roadworthy" and the Planning Commission felt that it should be modified to say, "under repair", since there will be times when vehicles will be in the outdoor storage area waiting for a new engine, and wouldn't be considered "roadworthy." Staff is comfortable with this modification. The rest of the stipulations remained the same. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMENDATION City Staff recommends concurrence with the Planning Commission and approval of the attached resolution, including the following stipulations: STIPULATIONS 1. No outdoor storage other than the proposed area shall exist on the site without an additional special use permit being approved. 2. Outdoor storage area shall be screened from the public right-of-way and the C-2 zoned property to the south by August 1, 2010. 3. Newly installed dumpster enclosure shall have door constructed on it to screen from view of the public right-of-way by April 14, 2010. 4. Site shall not be used to display cars for sale or storage of vehicles for rent. 5. Vehicles on site and within the storage area shall be currently licensed and/or under repair. 6. No auto parts shall be stored within the outdoor storage area. 7. Any auto related business on the subject property shall obtain any applicable City and County licenses annually. City of Fridley Land Use Application SP #10-03 March 17, 2010 GENERAL INFORMATION Applicant: Blue Water Properties Mark Anderson 7685 Main Street NE Fridley MN 55432 Requested Action: Special use permit to allow a repair garage. Special use permit to allow outdoor storage. Existing Zoning: M-1 (Light Industrial) Location: 7685 Main Street NE Size: 50,907 sq. ft. 1.17 acres Existing Land Use: Multi-tenant Industrial Building Surrounding Land Use & Zoning: N: Industrial & M-2 E: Industrial & M-1 S: Commercial (Dairy Queen) & C-2 W: Industrial & M-2 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Section 205.17.01.C.(9) requires a special use permit for repair garages. Section 205.17.01.C.(11) requires a special use permit for limited outdoor storage. Zoning History: 1978 — Lot is platted. 1978 — Building constructed. Legal Description of Property: Lot 3, Block 1, East Ranch Estates 3�a Addition Public Utilities: Building is connected. Transportation: The property receives access from Main Street and 77th Avenue. Physical Characteristics: Building, parking lot, and landscaping. SPECIAL INFORMATION SU M MARY OF PROJECT The petitioner, Mr. Anderson, is seeking a special use permit to allow two repair garage type uses within the existing building and a special use permit to allow limited outdoor storage on the east side of the subject property The subject property is located at 7685 Main Street. SU M MARY OF ANALYSIS City Staff recommends approval of the special use permit for outdoor storage, with stipulations. Limited outdoor storage is a permitted special use in the M-1, Light Industrial zoning district, provided specific code requirements are met, subject to stipulations. City Staff recommends approval of the special use permit for a repair garage, with stipulations. Repair garages are a permitted special use in the M-1, Light Industrial zoning district. CITY COUNCIL ACTION/ 60 DAY DATE City Council — March 29, 2010 Aerial of Subject Property Staff Report Prepared by: Stacy Stromberg SP #10-03 REQUEST The petitioner, Mark Anderson of Anderson Carpet and owner of the subject property, is seeking a special use permit to allow the continuation of two repair garage type uses within the existing building at 7685 Main Street. In connection with the repair businesses, the petitioner is also seeking a special use permit to allow limited outdoor storage on the southeast side of the building. This outdoor storage area will primarily be used by the repair garage tenants within the building. The proposed outdoor storage area is 1,800 square feet and will be used for storage of vehicles waiting to be repaired or waiting to be picked up. HISTORY AND ANALYSIS The property is zoned M-1, Light Industrial, as is the property to the east. The property to the north and west is zoned M-2 Heavy Industrial, and the property to the south is zoned C-2, General Business. The property was developed in 1978, with the construction of the existing 17,000 square foot building. As you are aware, this past summer the City's Community Development department hired a Code Enforcement Intern to do systematic inspections of our commercial and industrial properties. As a result, many of our industrial businesses will be coming before the Planning Commission and City Council for special use permits for outdoor storage. This special use permit request is one of those that came to staff's attention during those systematic inspections. a��� �. ��..., q ',, ',,. � , , � � The City Code allows repair garages as a permitted special use in the M-1, Light Industrial n��� �"�`� �'� '' zoning district. Repair garages are defined as a place where major repair of motor vehicles is conducted, including engine rebuilding or reconditioning and collision service, including body, frame, or fender straightening and overall painting of motor vehicles. Ron's Automotive has been renting space inside the building for approximately 3 years and Car Creations has been renting space inside the building for around 15 years. Ron's Automotive occupies 3,750 square feet within the building and does general automotive repair. Body work isn't provided as part of his business. Car Creations occupies 2,400 square feet of space within the building and is a general metal fabricating shop specializing in repairing vintage car parts. Since these types of businesses have been in existence on this property for several years with very little complaints, staff feels that all impacts of the businesses can be mitigated through stipulations. It is important to note, that although staff hasn't directly received many complaints regarding this property, it will be stipulated that vehicles being stored in the outdoor storage area will need to be licensed and not junk vehicles. Staff will also stipulate that the outdoor storage area be screened not only from the public right-of-way; 77th Avenue, but screening will also be required between the subject property and Dairy Queen to the south. City Code allows limited outdoor storage in the industrial districts that is up to 50% of the building footprint with a special use permit. The buildings square footage is 17,399 square feet, so City code would allow up to 8,699 sq. ft. of outdoor storage on this site. The petitioner is proposing to temporarily store work-in-process repair vehicles waiting for parts or pick up and construction tools or materials within the proposed outdoor storage area. The area is along the southeast side of the building and is 1,800 sq. ft. in size, which is approximately six parking stalls. Before the special use permit can be issued, several additional requirements need to be met. Those specific requirements relate to height, screening, parking, and the types of materials allowed to be stored outside. Based on the breakdown of uses within the building, which was provided by the petitioner, parking required for this site is 25 parking stalls. The site currently has 35 parking stalls; however, 6 parking stalls will now be used for the outdoor storage area, which leaves 29 parking stalls on site, which will meet code requirements. As stated above, the location of the proposed storage areas on the southeast side of the building will be required to be screened from both the public right-of-way and the C-2 zoned property to the south. The petitioner does state in the narrative that they do plan to construct a 22-23 ft. section of wood screening fence or a chain link fence with screening slats to be installed along the east wall of the building to help screen the outdoor storage area from the public right-of-way. The proposed site plan meets all other outdoor storage code requirements. City staff has heard from one neighboring property owner who had concerns about the outdoor storage area being visible from their property and the fact that currently there are "inoperable" vehicles being stored in this area. Staff articulated to the caller that staff will require the petitioner to screen the outdoor storage area from this property to the south and that "junk" vehicles won't be allowed to be stored within the outdoor storage area. RECOMMENDATIONS City Staff recommends approval of the special use permit for a repair garage, with stipulations. Repair garages are a permitted special use in the M-1, Light Industrial zoning district. City Staff recommends approval of the special use permit for limited outdoor storage, with stipulations. Limited outdoor storage is a permitted special use in the M-1, Light Industrial zoning district, provided specific code requirements are met, subject to stipulations. STIPULATIONS Staff recommends that if the special use permits are granted, the following stipulations be attached. 1. No outdoor storage other than the proposed area shall exist on the site without an additional special use permit being approved. 2. Outdoor storage area shall be screened from the public right-of-way and the C-2 zoned property to the south by August 1, 2010. 3. Newly installed dumpster enclosure shall have door constructed on it to screen from view of the public right-of-way by April 14, 2010. 4. Site shall not be used to display cars for sale or storage of vehicles for rent. 5. Vehicles on site and within the storage area shall be currently licensed and/or under repair. 6. No auto parts shall be stored within the outdoor storage area. 7. Any auto related business on the subject property shall obtain any applicable City and County licenses annually. RESOLUTION NO. 2010 - A RESOLUTION APPROVING SPECIAL USE PERMIT SP# 10-03 FOR BLUE WATER PROPERTIES, 7685 MAIN STREET NE WHEREAS, Section 205.17.O1.C.9 of the Fridley City Code allows repair garages in an M-1 zoning district by a special use permit; WHEREAS, Section 205.17.O1.C.11 of the Fridley City Code allows limited outside storage in an M-1 zoning district by a special use permit if certain conditions can be met; and WHEREAS, on March 17, 2010, the Fridley Planning Commission held a public hearing to consider the requests by Blue Water Properties, generally located at 7685 Main Street in Fridley on Lot 3, Block 1, East Ranch Estates 3rd Addition, for a special use permit SP#10-03 for a repair garage use and limited outside storage; and WHEREAS, on March 29, 2010, the Fridley City Council approved the stipulations represented in Exhibit A to this resolution as the conditions approved by the City Council on special use permit SP# 10-03; and WHEREAS, the petitioner, Blue Water Properties, was presented with Exhibit A, the stipulations for SP# 10-03, at the March 29, 2010 City Council meeting; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley that the Special Use Permit SP# 10-03 and stipulations represented in Exhibit A are hereby adopted by City Council of the City of Fridley. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 29tn DAY OF MARCH, 2010. SCOTT LUNCH — MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK EXHIBIT A SP# 10-03 Special Use Permit for a Repair Garage Use and Limited Outdoor Storage Blue Water Properties, 7685 Main Street NE, Fridley, MN 55432 Stipulations 1. No outdoor storage other than the proposed area shall exist on the site without an additional special use permit being approved. 2. Outdoor storage area shall be screened from the public right-of-way and the G2 zoned property to the south by August 1, 2010. 3. Newly installed dumpster enclosure shall have door constructed on it to screen from view of the public right-of-way by April 14, 2010. 4. Site shall not be used to display cars for sale or storage of vehicles for rent. 5. Vehicles on site and within the storage area shall be currently licensed and/or under repair. 6. No auto parts shall be stored within the outdoor storage area. 7. Any auto related business on the subject properiy shall obtain any applicable City and County licenses annually. � � CfTY OF FRIaLE7 Date To AGENDA ITEM CITY COUNCIL MEETING OF MARCH 29, 2010 March 23, 2010 Wlliam Burns, City Manager From: Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Subject: Resolution Approving Special Use Permit Request, SP #10-04, Collins Electrical Systems, for Holiday Companies at 200 57th Avenue NE INTRODUCTION The petitioner, Collins Electrical Systems, who is representing Holiday Companies, is requesting a special use permit to allow an electronic reader board sign to replace the manual reader board on the existing pylon sign at the Holiday Gas Station which is located at 200 57th Avenue. A free-standing sign already exists on the subject property, which is located on the north side of the property along 57th Avenue. In 2005, the property received Special Use Permit approval to allow an LED gas pricing sign. At this time, the petitioner is seeking to change out the existing 29 square foot manual reader board sign with a 31.25 square foot electronic reader board sign. The total square footage of the pylon sign after the modification will be 79.52 square feet. PLANNING COMMISSION RECOMMENDATION At the March 17, 2010, Planning Commission meeting, a public hearing was held for SP #10-04. After a brief discussion, the Planning Commission recommended approval of SP #10-04, with the stipulations as presented. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMENDATION City Staff recommends concurrence with the Planning Commission and approval of the attached resolution, including the following stipulations: STIPULATIONS 1. Petitioner shall obtain sign permit and current sign erector license prior to installing any signage on site. 2. Message on L.E.D. sign shall not change more often than authorized under Section 214.07 of the Fridley City Code. 3. Message on L.E.D. sign shall never flash or have motion that may distract vehicular traffic in the area. City of Fridley Land Use Application SP #10-04 March 17, 2010 GENERAL INFORMATION Applicant: Collins Electrical Systems 4990 N. Hwy 169 New Hope MN 55428 Requested Action: Special Use Permit for an automatic changeable sign Purpose: To replace an existing manual reader board sign with an electronic reader board sign Existing Zoning: C-3 (General Shopping) Location: 200 57th Avenue Size: 59,339 sq. ft. 1.36 acres Existing Land Use: Gasoline Station Store Surrounding Land Use & Zoning: N: Commercial & C-2 E: Commercial & C-3 S: Commercial & C-3 W: Commercial & C-3 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Section 214.07 of the City of Fridley sign code requires a special use permit for an automatic changeable sign. Zoning History: 1998 — Lot is platted 1999 — Gas Station constructed 1999 — Pylon, 3 wall, & 3 canopy sign permits issued. 2005 — SUP issued for an electronic gas pricing sign. Legal Description of Property: Lot 1, Block 1, Holiday North 1St Addition Public Utilities: The building is connected. Transportation: The property receives access from 57tn Avenue. Physical Characteristics: SPECIAL INFORMATION Lot is recessed down below the elevation of Main Street and 57th Avenue with typical commercial landscape. SU M MARY OF PROJECT The petitioner, Collins Electrical Systems, who is representing Holiday Companies, is requesting a special use permit to allow an electronic reader board sign to replace the existing manual reader board sign on the existing pylon sign at the Holiday gas station which is located at 250 57th Avenue. SU M MARY OF ANALYSIS City Staff recommends approval of this special use permit, with stipulations. Electronic changeable signs are an approved special use in the commercial zoning districts, provided the sign complies with Code requirements. Aerial of the Site CITY COUNCIL ACTION/60 DAY SCHEDULE City Council — March 29, 2010 60 Day Date — April 12, 2010 Staff Report Prepared by: Stacy Stromberg SP #10-04 REQUEST The petitioner, Collins Electrical Systems, who is representing Holiday Companies, is requesting a special use permit to allow an electronic reader board sign to replace the manual reader board on the existing pylon sign at the Holiday Gas Station which is located at 200 57th Avenue. A free-standing sign already exists on the subject property, which is located on the north side of the property along 57th Avenue. In 2005, the property received Special Use Permit approval to allow an LED gas pricing sign. At this time, the petitioner is seeking to change out the existing 29 square foot manual reader board sign with a 31.25 square foot electronic reader board sign. The total square footage of the pylon sign after the modification will be 79.52 square feet. HISTORY AND ANALYSIS The subject property is located on the southeast corner of 57th Avenue and Main Street. The property is zoned C-3, General Shopping. Motor vehicle fuel and oil dispensing services are a permitted special use in the C-3, General Shopping zoning district. In 1998, a special use permit was issued to allow an automobile service station, and a car wash establishment. As a result, the property was developed in 1999, with the construction of the existing service station and car wash. A sign permit for the existing pylon sign was also obtained in 1999. As previously stated, a special use permit was issued in 2005 to allow an electronic gas pricing sign to be installed on the existing pylon sign. �� ; ��; r.� �... :� 4 i:'hy � CODE REQUIREMENTS Electronic changeable signs are an approved special use in any zoning district, except residential, provided the message doesn't change more often than once every 45 seconds. The sign also needs to be in conformance with the sign requirements for the zoning district, in which the property is located. The subject property is zoned, C-3 General Shopping, which requires that free standing signage can not exceed 80 square feet in size. The existing sign meets that size requirement as will the modification of the existing manual sign with an electronic sign. The total sign area of the existing sign is 80 square feet, replacing the manual reader board sign with the new electronic reader board sign will reduce the total sign area to 79.52 square feet. The total electronic signage portion on this sign is 51.02 square feet of the total 79.52 square foot sign. The free standing sign meets all other sign code requirements, including but not limited to size, setbacks, and height. City staff hasn't heard from any neighboring property owners. STAFF RECOMMENDATION City Staff recommends approval of the special use permit as electronic changeable signs are an approved special use in the commercial zoning district, provided the sign complies with Code requirements, subject to stipulations. STIPULATIONS City Staff recommends that if the special use permit is granted, the following stipulations be attached. 1. The petitioner shall obtain sign permit and current sign erector license prior to installing any signage on site. 2. Message on L.E.D. sign shall not change more often than authorized under Section 214.07 of the Fridley City Code. 3. Message on L.E.D. sign shall never flash or have motion that may distract vehicular traffic in the area. RESOLUTION NO. 2010 - A RESOLUTION APPROVING SPECIAL USE PERMIT SP# 10-04 FOR COLLINS ELECTRICAL SYSTEMS, ON BEHALF OF HOLIDAY STATION STORES, THE PROPERTY OWNER OF 200 57TH AVENUE NE WHEREAS, Section 214.07.01 of the Fridley City Code allows electronic changeable signs in commercial zoning districts by a special use permit if certain conditions can be met; and WHEREAS, on March 17, 2010, the Fridley Planning Commission held a public hearing to consider a request by Collins Electrical Systems, on behalf of the property owner of 200 57tn Avenue in Fridley, on Lot 1, Block 1, Holiday North 2"d Addition, for a special use permit SP# 10- 04 for an electronic changeable sign; and WHEREAS, on March 29, 2010, the Fridley City Council approved the stipulations represented in Exhibit A to this resolution as the conditions approved by the City Council on special use permit SP# 10-04; and WHEREAS, the petitioner, Collins Electrical Systems, on behalf of the properry owner of 200 57tn Avenue, was presented with Exhibit A, the stipulations for SP# 10-04, at the March 29, 2010 City Council meeting; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley that Special Use Permit SP# 10-04 and stipulations represented in Exhibit A are hereby adopted by City Council of the City of Fridley. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 29tn DAY OF MARCH, 2010. SCOTT LUND — MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK EXHIBIT A SP# 10-04 Special Use Permit for an Electronic Changeable Sign Holiday Station Stores, 200 57t" Avenue NE, Fridley, MN 55432 Stipulations 1. Petitioner shall obtain sign permit and current sign erector license prior to installing any signage on site. Message on L.E.D. sign shall not change more often than authorized under Section 214.07 of the Fridley City Code. Message on L.E.D. sign shall never flash or have motion that may distract vehicular traffic in the area. � � CfTY OF Ff�IDLEY Date: To: From: Subject: AGENDA ITEM CITY COUNCIL MEETING OF MARCH 29, 2010 March 23, 2010 Wlliam Burns, City Manager Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Resolution approving Special Use Permit Request, SP #10-05, Crysteel Truck Equipment at 1130 73�d Avenue NE INTRODUCTION The petitioner, Jim Wyatt, on behalf of Crysteel Truck Equipment, is seeking a special use permit to allow limited outdoor storage of snow plows, dump bodies, hoists, sanders, wings, and cranes, which are products used for Crysteel's business, in the side and rear yard of the property, which is located at 1130 73�d Avenue. City Code allows limited outdoor storage in the industrial districts that is up to 50% of the building footprint with a special use permit. The buildings square footage is 11,200 square feet, so City code would allow up to 5,600 square feet of outdoor storage on this site. The petitioner is requesting to have outdoor storage in two designated areas. The first area is located on the south side of the building and will run along the perimeter of the building and fence line; it is 2,208 sq. ft. in size. The second area is along the east property line and will also run along the fence line and is 1,944 in size. Both areas combined are 4,152 square feet which is below what code would allow for outdoor storage space on this site. Both outdoor storage areas will be used to store snow plows, dump bodies, hoists, sanders, wings, and cranes used for the petitioner's business. PLANNING COMMISSION RECOMMENDATION At the March 17, 2010, Planning Commission meeting, a public hearing was held for SP #10-05. After a brief discussion, the Planning Commission recommended approval of special use permit, SP #10-05, with the stipulations as presented by staff. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMENDATION City Staff recommends concurrence with the Planning Commission and approval of the attached resolution, including the following stipulations: STIPULATIONS 1. Outdoor storage on this site shall remain in the approved outdoor storage areas only. 2. The existing screening fence shall be repainted by August 1, 2010. 3. New trees shall be planted along the western property line by October 31, 2010. Plan shall be reviewed by City staff prior to installation. 4. Screening gate on the east side of the building shall remain closed to allow proper screening when not in use or if necessary a new electronic screening gate shall be installed to allow proper screening. 5. The subject property has an existing 5 ft. utility easement along the eastern property line. The City shall not be liable for any damage to the property or outdoor storage materials in the event that the easement needs to be utilized. 6. A written agreement shall be certified and filed with Anoka County regarding the storage area encroachment on the south side of the property. 7. A cross access agreement shall be certified and filed with Anoka County between the subject property and Hydraulic Specialty Co. 8. No display (for sale or otherwise) of trucks or equipment will be permitted outside the storage yard, on or off site. City of Fridley Land Use Application SP #10-05 March 17, 2010 GENERAL INFORMATION Applicant: Crysteel Truck Equipment Jim Wyatt 1130 73�d Avenue NE Fridley MN 55432 Requested Action: Special Use Permit to allow exterior storage of materials. Existing Zoning: M-1, Light Industrial Location: 1130 73�d Avenue NE Size: 48,825 sq. ft. 1.12 acres Existing Land Use: Industrial Surrounding Land Use & Zoning: N: Industrial & M-1 E: Industrial & M-1 S: Industrial & M-1 W: Commercial(Super America) & M-1 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Sec. 205.17.1.C.11 requires a special use permit to allow limited outdoor storaae. Zoning History: Lot hasn't been platted. 1987 — Lot split approved. 1987 —Variance approved to reduce the size of an industrial lot from 1.5 acres to 1.1 acres. 1988 — Industrial building constructed. 1988 — SUP issued to allow outdoor storage. 1988 — Variance granted to reduce the side yard setback on the west side from 35 ft. to 20 ft. Legal Description of Property: That part of the east 225 ft. of the west 475 ft. of the north 'h of the NE '/ of Section 12, Township 30, Range 24 lying north of the south 405.60 feet thereof; except the north 33 feet thereof; AKA part of Lot 1, Auditor's Subdivision No. 89; except road; subject to easement of record. Public Utilities: Building is connected. Transportation: SPECIAL INFORMATION The property is accessed from 73�a Avenue. Physical Characteristics: Building, hard surface areas with very little landscaping. SU M MARY OF PROJECT The petitioner, Mr. Wyatt, on behalf of Crysteel Truck Equipment, is seeking a special use permit to allow limited outdoor storage of new snow plows, new dump bodies, new hoists, new sanders and wings within the side and rear yard of the property located at 1130 73�d Avenue NE. SU M MARY OF ANALYSIS City Staff recommends approval of this special use permit, with stipulations. Limited outdoor storage is a permitted special use in the M-1, Light Industrial zoning district, provided specific code requirements are met, subiect to stiqulations. Aerial of Subject Property CITY COUNCIL ACTION/ 60 DAY DATE City Council — March 29, 2010 60 Day — April 12, 2010 Staff Report Prepared by: Stacy Stromberg SP #10-05 REQUEST The petitioner, Jim Wyatt, on behalf of Crysteel Truck Equipment, is seeking a special use permit to allow limited outdoor storage of snow plows, dump bodies, hoists, sanders, wings, and cranes, which are products used for Crysteel's business, in the side and rear yard of the property, which is located at 1130 73�d Avenue. HISTORY AND ANALYSIS The property is zoned M-1, Light Industrial as are all the surrounding properties. It is located on the southeast corner of 73�d Avenue and the Hwy 65 Service Drive. In 1987, the subject property and the property to the south, at 1131 72nd Avenue went through a lot split process to 5,.,,��,� � create two lots from what was �±' ��� � rv�� ,�_.� ����' originally one. A variance was also �`�� approved at this time to reduce the lot *� ��' �� '������� ' ' area required for an industrial lot from � �oz. �� ��� �'��.... 1. � 1.5 acres to 1.1 acres; therefore, f • ��; �`�� � ��;��° ��,� � 1 making the size of the subject property ���� =� � ,�� x�� �� �4 � 4�;�,q� ,1= conforming. The property was then � '' developed in 1988, with the ���[� ;�,.�E construction of the existing building. � n..n..n.. �{ '� ' Also in 1988 a variance was granted to �� reduce the side yard setback from 35 � i�, t�°� ft. to 20 ft. to allow the construction of �. �-v.. -z�� �-4 the existing building. A special use �������, permit was also issued in 1988 to ���h ' � � allow outdoor storage in the southeast �'� }��� �` corner of the lot. The outdoor storage �,�� area originally approved was 6,612 sq. ft. in size. Over the years the outdoor {n��� storage needs have changed for the `� �. � petitioner's business and as a result, � t......... �, the special use permit is being applied for today. ;) � i �, ^ry As you are aware, this past summer the City's Community Development department hired a Code Enforcement Intern to do systematic inspections of our commercial and industrial properties. When our intern discovered outdoor storage on this site and the site Crysteel owns across 73�d Avenue, at 1150 73 %2 Avenue, they went back to the office to review the building address files and determined that a special use permit does exist for the 73�d site. However, the outdoor storage on the site had changed and expanded beyond what was originally approved in 1988. Therefore, the petitioner is applying for this special use permit to revise their outdoor storage space. There is no special use permit for the 1150 73 %2 Avenue site but the petitioner is waiting for the outcome of this special use permit and the one for Hydraulic Specialty Co. before deciding what to do with their other location. City Code allows limited outdoor storage in the industrial districts that is up to 50% of the building footprint with a special use permit. The buildings square footage is 11,200 square feet, so City code would allow up to 5,600 square feet of outdoor storage on this site. The petitioner is requesting to have outdoor storage in two designated areas. The first area is located on the south side of the building and will run along the perimeter of the building and fence line; it is 2,208 sq. ft. in size. The second area is along the east property line and will also run along the fence line and is 1,944 in size. Both areas combined are 4,152 square feet which is below what code would allow for outdoor storage space on this site. Both outdoor storage areas will be used to store snow plows, dump bodies, hoists, sanders, wings, and cranes used for the petitioner's business. Before the special use permit can be issued, several additional requirements need to be met. Those specific requirements relate to height, screening, parking, and the types of materials allowed to be stored outside. Based on the breakdown of uses within the building, which was provided by the petitioner, parking needs for this site are 28 parking stalls. The petitioner has shown on the submitted site plan 40 parking stalls. He has stated that these stalls will be striped, so they are accurately shown on the site this spring. As a result, parking needs are met on this site. The outdoor storage area is screened from the public right-of-way with a wood privacy fence along the west side of the property. The fence is however, in need of a fresh coat of paint and staff will require that additional trees be planted along the west property line to further help screen the outdoor storage area. The subject property already has a screening gate on the north side of the property, between the building and the side yard fence; however staff will stipulate that the screening gate remain closed except when in use, which is typical on any outdoor storage request in our industrial districts. If the existing manual fence doesn't allow for proper screening, the petitioner may need to consider installing an automatic gate that remains closed when not in use. The petitioner is also seeking a special use permit to allow for outdoor storage space on their neighbors property at 1131 72nd Avenue. That site will be analyzed in a separate report. The proposed site plan meets all other outdoor storage code requirements. City staff hasn't heard from any neighboring property owners. RECOMMENDATIONS City Staff recommends approval of this special use permit, with stipulations. Limited outdoor storage is a permitted special use in the M-1, Light Industrial zoning district, provided specific code requirements are met, subject to stipulations. This special use permit repeals SP #88-01, which was previously granted for the subject property. STIPULATIONS Staff recommends that if the special use permit is granted, the following stipulations be attached. 1. Outdoor storage on this site shall remain in the approved outdoor storage areas only. 2. The existing screening fence shall be repainted by August 1, 2010. 3. New trees shall be planted along the western property line by October 31, 2010. Plan shall be reviewed by City staff prior to installation. 4. Screening gate on the east side of the building shall remain closed to allow proper screening when not in use or if necessary a new electronic screening gate shall be installed to allow proper screening. 5. The subject property has an existing 5 ft. utility easement along the eastern property line. The City shall not be liable for any damage to the property or outdoor storage materials in the event that the easement needs to be utilized. 6. A written agreement shall be certified and filed with Anoka County regarding the storage area encroachment on the south side of the property. 7. A cross access agreement shall be certified and filed with Anoka County between the subject property and Hydraulic Specialty Co. 8. No display (for sale or otherwise) of trucks or equipment will be permitted outside the storage yard, on or off site. RESOLUTION NO. 2010 - A RESOLUTION APPROVING SPECIAL USE PERMIT SP# 10-05 FOR CRYSTEEL TRUCK EQUIPMENT, 1130 73� AVENUE NE WHEREAS, Section 205.17.O1.C.11 of the Fridley City Code allows limited outside storage in an M-1 zoning district by a special use permit if certain conditions can be met; and WHEREAS, on March 17, 2010, the Fridley Planning Commission held a public hearing to consider the request by Crysteel Truck Equipment, generally located at 1130 73rd Avenue in Fridley, legal description attached in Exhibit B, for a special use permit SP#10-OS for limited outside storage; and WHEREAS, on March 29, 2010, the Fridley City Council approved the stipulations represented in Exhibit A to this resolution as the conditions approved by the City Council on special use permit SP# 10-05; and WHEREAS, the petitioner, Crysteel Truck Equipment, was presented with Exhibit A, the stipulations for SP# 10-05, at the March 29, 2010 City Council meeting; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley that the Special Use Permit SP# 10-OS and stipulations represented in Exhibit A are hereby adopted by City Council of the City of Fridley. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 29tn DAY OF MARCH, 2010. SCOTT LUNCH — MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK EXHIBIT A SP# 10-OS Special Use Permit for Limited Outdoor Storage Crysteel Truck Equipment, 1130 73"d Avenue NE, Fridley, MN 55432 Stipulations 1. Outdoor storage on this site shall remain in the approved outdoor storage areas only. 2. The existing screening fence shall be repainted by August 1, 2010. 3. New trees shall be planted along the western property line by October 31, 2010. Plan shall be reviewed by City staff prior to installation. 4. Screening gate on the east side of the building shall remain closed to allow proper screening when not in use or if necessary a new electronic screening gate shall be installed to allow proper screening. 5. The subject property has an existing 5 ft. utility easement along the eastern property line. The City shall not be liable for any damage to the property or outdoor storage materials in the event that the easement needs to be utilized. 6. A written agreement shall be certified and filed with Anoka County regarding the storage area encroachment on the south side of the property. 7. A cross access agreement shall be certified and filed with Anoka County between the subject property and Hydraulic Specialty Co. 8. No display (for sale or otherwise) oftrucks or equipment will be permitted outside the storage yard, on or off site. EXHIBIT B SP# 10-OS Special Use Permit for Limited Outdoor Storage Crysteel Truck Equipment, 1130 73"d Avenue NE, Fridley, MN 55432 That part of the east 225 feet of the west 475 feet of the north '/2 of the NE '/4 of Section 12, Township 30, Range 241ying north of the south 405.60 feet thereof; except the north 33 feet thereof; AKA part of Lot 1, Auditor's Subdivision No. 89; except road; subject to easement of record. � � CfTY OF Ff�IDLEY Date: To: From: Subject: AGENDA ITEM CITY COUNCIL MEETING OF MARCH 29, 2010 March 23, 2010 Wlliam Burns, City Manager Scott Hickok, Community Development Director Julie Jones, Planning Manager Stacy Stromberg, Planner Resolution approving Special Use Permit Request, SP #10-06, Hydraulic Specialty Co. at 1131 72nd Avenue NE INTRODUCTION The petitioner, Jim Wyatt, General Manager for Crysteel Truck Equipment, is seeking a special use permit to allow limited outdoor storage of snow plows, dump bodies, hoists, sanders, wings, and cranes, on the property owned by Hydraulic Specialty Inc., which is located just south of Crysteel at 1131 72nd Avenue. Crysteel Truck Equipment has been leasing space from Hydraulic Specialty's for several years both inside and outside of the building. Hydraulic Specialty's has signed off on the special use permit application submitted and understands that they are applying for a special use permit for outdoor storage on their site. City Code allows limited outdoor storage in the industrial districts that is up to 50% of the building footprint with a special use permit. The buildings square footage is 29,415 square feet, so City code would allow up to 14,717 square feet of outdoor storage on this site. The petitioner is requesting to have outdoor storage in two designated areas, on either side of the drive aisle through the site. The first area is located on the east side of the building and is 4,000 sq. ft. in size. The second area is also on the east side of the building, but along the fence line and is 1,600 sq. ft. in size. Both areas combined are 5,600 square feet which is below what code would allow for outdoor storage space on this site. Both outdoor storage areas will be used to store snow plows, dump bodies, hoists, sanders, wings, and cranes used for Crysteel's business. PLANNING COMMISSION RECOMMENDATION At the March 17, 2010, Planning Commission meeting, a public hearing was held for SP #10-06. After a brief discussion, the Planning Commission recommended approval of special use permit, SP #10-06, with the stipulations as presented by staff. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMENDATION City Staff recommends concurrence with the Planning Commission and approval of the attached resolution, including the following stipulations: STIPULATIONS 1. Outdoor storage on this site shall remain in the approved outdoor storage areas only. 2. The existing fence shall have screening slats installed to allow proper screening of the outdoor storage area by August 1, 2010. 3. The subject property has an existing 5 ft. utility easement along the eastern property line. The City shall not be liable for any damage to the property or outdoor storage materials in the event that the easement needs to be utilized. 4. Additional landscaping (a row of tall growing shrubs) shall be installed along the south property line to further screen the outdoor storage area. City of Fridley Land Use Application SP #10-06 March 17, 2010 GENERAL INFORMATION Applicant: Crysteel Truck Equipment on behalf of Hydraulic Specialty Co. Jim Wyatt 1130 73�d Avenue NE Fridley MN 55432 Requested Action: Special Use Permit to allow exterior storage of materials. Existing Zoning: M-1, Light Industrial Location: 1131 72nd Avenue NE Size: 91,269 sq. ft. 2.1 acres Existing Land Use: Industrial Surrounding Land Use & Zoning: N: Industrial & M-1 E: Industrial & M-1 S: Commercial & C-2 W: Vacant Land & M-1 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Sec. 205.17.1.C.11 requires a special use permit to allow limited outdoor storage. Zoning History: Lot hasn't been platted. 1979 — Industrial building constructed. 1987 — Lot split approved 1987 — Variance approved to reduce the rear yard setback from 25 ft. to 5 ft. Legal Description of Property: The South 405.60 feet of the east 225 ft. of the west 475 ft. of the North 'h of the NE '/ of the SW'/ of Section 12, Township 30, Range 24, AKA part of Lot 1, Auditor's Subdivision No. 89; except road; subject to easement of record. Public Utilities: Building is connected. Transportation: The property is accessed from 72na Avenue. Physical Characteristics: Building, hard surface areas with very little landscaping. SPECIAL INFORMATION SU M MARY OF PROJECT The petitioner, Mr. Wyatt, on behalf of Hydraulic Specialty Co., is seeking a special use permit to allow limited outdoor storage materials used for Crysteel Truck Equipment on the north side of the subject property, which is located at 1131 72na Avenue NE. SU M MARY OF ANALYSIS City Staff recommends approval of this special use permit, with stipulations. Limited outdoor storage is a permitted special use in the M-1, Light Industrial zoning district, provided specific code requirements are met, subject to stipulations. Aerial of Subject Property CITY COUNCIL ACTION/ 60 DAY DATE City Council — March 29, 2010 60 Day — April 12, 2010 Staff Report Prepared by: Stacy Stromberg SP #10-06 REQUEST The petitioner, Jim Wyatt, General Manager for Crysteel Truck Equipment, is seeking a special s,�;� � ;�� � ra�3� ; � ���. ���� �a_ ��� � ����`t�£��� �_<< �___, e `� �� �� '�' ��:a�a .:�uu' � �47�RD A1/E _ � E�: use permit to allow limited outdoor storage of �'�` �'��� }�' snow plows, dump bodies, hoists, sanders, ' wings, and cranes, on the property owned by �� ��� ��� 1 — Hydraulic Specialty Inc., which is located just ,�� ���I .,� south of Crysteel at 1131 72nd Avenue. � �� � Crysteel Truck Equipment has been leasing space from Hydraulic Specialty's for several years both inside and outside of the building. Hydraulic Specialty's has signed off on the special use permit application submitted and understands that they are applying for a special use permit for outdoor storage on their site. ' ,�.,� I HISTORY AND ANALYSIS -t'� rrr The property is zoned M-1, Light Industrial as �� are the properties to the north, west and east. � f,�� ' The property to the south is zoned G2, General � '� �,: Business. The building was originally constructed in 1979. In 1987, the subject property and the property north at 1130 73�d Avenue went through a lot split process to create two lots from what was originally one. A variance was also approved at this time for the subject property to reduce the rear yard setback from 25 ft. to 5 ft. to recognize the location of the existing building on the newly created lot. City Code allows limited outdoor storage in the industrial districts that is up to 50% of the building footprint with a special use permit. The buildings square footage is 29,415 square feet, so City code would allow up to 14,717 square feet of outdoor storage on this site. The petitioner is requesting to have outdoor storage in two designated areas, on either side of the drive aisle through the site. The first area is located on the east side of the building and is 4,000 sq. ft. in size. The second area is also on the east side of the building, but along the fence line and is 1,600 sq. ft. in size. Both areas combined are 5,600 square feet which is below what code would allow for outdoor storage space on this site. Both outdoor storage areas will be used to store snow plows, dump bodies, hoists, sanders, wings, and cranes used for Crysteel's business. Before the special use permit can be issued, several additional requirements need to be met. Those specific requirements relate to height, screening, parking, and the types of materials allowed to be stored outside. Based on the breakdown of uses within the building, which was provided by the petitioner, parking needs for this site are 35 parking stalls. The petitioner has shown on the submitted site plan 37 parking stalls, which meets code requirements. The outdoor storage area will need to be screened from 72nd Avenue. There is a chain link fence already installed, so if wind load requirements can be met, the best option for screening would be to put slats in the fence to screen the outdoor storage from the public right-of-way. The proposed site plan meets all other outdoor storage code requirements. City staff hasn't heard from any neighboring property owners. RECOMMENDATIONS City Staff recommends approval of this special use permit, with stipulations. Limited outdoor storage is a permitted special use in the M-1, Light Industrial zoning district, provided specific code requirements are met, subject to stipulations. STIPULATIONS Staff recommends that if the special use permit is granted, the following stipulations be attached. 1. Outdoor storage on this site shall remain in the approved outdoor storage areas only. 2. The existing fence shall have screening slats installed to allow proper screening of the outdoor storage area by August 1, 2010. 3. The subject property has an existing 5 ft. utility easement along the eastern property line. The City shall not be liable for any damage to the property or outdoor storage materials in the event that the easement needs to be utilized. 4. Additional landscaping (a row of tall growing shrubs) shall be installed along the south property line to further screen the outdoor storage area. RESOLUTION NO. 2010 - A RESOLUTION APPROVING SPECIAL USE PERMIT SP# 10-06 FOR HYDRAULIC SPECIALTY CO., 1131 72ND AVENUE NE WHEREAS, Section 205.17.O1.C.11 of the Fridley City Code allows limited outside storage in an M-1 zoning district by a special use permit if certain conditions can be met; and WHEREAS, on March 17, 2010, the Fridley Planning Commission held a public hearing to consider the request by Crysteel Truck Equipment, on behalf of the property owner, Hydraulic Specialty Co., generally located at 1131 72"d Avenue in Fridley, legal description attached in Exhibit B, for a special use permit SP#10-06 for limited outside storage; and WHEREAS, on March 29, 2010, the Fridley City Council approved the stipulations represented in Exhibit A to this resolution as the conditions approved by the City Council on special use permit SP# 10-06; and WHEREAS, the petitioner, Crysteel Truck Equipment, on behalf of the property owner, Hydraulic Specialty Co., was presented with Exhibit A, the stipulations for SP# 10-06, at the March 29, 2010 City Council meeting; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley that the Special Use Permit SP# 10-06 and stipulations represented in Exhibit A are hereby adopted by City Council of the City of Fridley. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 29tn DAY OF MARCH, 2010. SCOTT LUNCH — MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK EXHIBIT A SP# 10-06 Special Use Permit for Limited Outdoor Storage Hydraulic Specialty Co.,1131 72°d Avenue NE, Fridley, MN 55432 Stipulations 1. Outdoor storage on this site shall remain in the approved outdoor storage areas only. 2. The existing fence shall have screening slats installed to allow proper screening of the outdoor storage area by August 1, 2010. 3. The subject property has an existing 5 ft. utility easement along the eastern property line. The City shall not be liable for any damage to the property or outdoor storage materials in the event that the easement needs to be utilized. 4. Additional landscaping (a row of tall growing shrubs) shall be installed along the south property line to further screen the outdoor storage area. EXHIBIT B SP# 10-06 Special Use Permit for Limited Outdoor Storage Hydraulic Specialty Co.,1131 72°d Avenue NE, Fridley, MN 55432 The South 405.60 feet of the east 225 feet of the west 475 feet of the North '/2 of the NE '/4 of the SW '/4 of Section 12, Township 30, Range 24, AKA part of Lot 1, Auditor's Subdivision No. 89; except road; subject to easement of record. � AGENDA ITEM � CITY COUNCIL MEETING OF MARCH 29, 2010 �ff1' 4F FRIDLE7` INFORMAL STATUS REPORTS