CCA 02/10/2014 �
CITY COUNCIL MEETING OF FEBRUARY 10, 2014
��
FRIDLEY
The City of Fridley will not discriminate against or harass anyone in the admission or access to, or
treatment, or employment in its services, programs, or activities because of race, color, creed,
religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to
public assistance. Upon request, accommodation will be provided to allow individuals with
disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired
persons who need an interpreter or other persons with disabilities who require auxiliary aids should
contact Roberta Collins at 572-3500. (TTD/572-3534)
WORKSHOP DISCUSSION ITEMS (6:30 P.M.)
• Card Tournaments
CITY COUNCIL MEETING (7:00 P.M.)
PLEDGE OF ALLEGIANCE.
PRESENTATION:
Clifton E. French Distinguished Service Award
from the Minnesota Recreation and Park Association
to Jack Kirk, Director of Parks and Recreation
' APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of January 27, 2014 ............................................................. 6 - 22
NEW BUSINESS:
1. Resolution Calling for a Public Hearing on the
Issuance of Educational Facilities Revenue
` Notes and Authorizing the Publication of a
Notice of the Hearing (Totino-Grace High School
.. Project) ........................................................................................................ 23 - 26
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 10. 2014 PAGE 2 -
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUEDI:
2. Resolution Adopting Rosenberg's Rules of
Order (2011) as the Parliamentary Procedures
forthe City of Fridley ..................................................................................... 27 - 41
3. Approve Antenna Site Lease Agreement
Befinreen the City of Fridley and Verizon
Wireless (VAW) LLC, for Water Tower#2
(Ward 1) ........................................................................................................ 42 - 67
4. Claims (162591 — 162808) ........................................................................... 68 - 85 �
5. Licenses ........................................................................................................ 86 - 87
6. Estimates ...................................................................................................... 88
OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes.
ADOPTION OF AGENDA. _
PUBLIC HEARING:
7. Consideration of the Revocation of Special
Use Permit, SP #93-10, for Exterior Storage
Generally Located at 505 Fairmont Street N.E.
(Ward 3) (Continued January 27, 2014) ...................................................... 89 - 91
OLD BUSINESS:
8. Resolution Revoking Special Use Permit,
SP #93-10 for Exterior Storage of
Materials in a C-1 Zoning District at the "
Property Generally Located at 505
Fairmont Street N.E. (Ward 3) (Continued �
January27, 2014) ......................................................................................... 92 - 94
: FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 10. 2014 PAGE 3
NEW BUSINESS:
9. Resolution Amending Special Use Permit,
SP #93-10, for Exterior Storage of Materials
in a C-1 Zoning District at the Property
Generally Located at 505 Fairmont Street N.E. ............................................ 95 - 98
10. Vacation Request, SAV#14-01, by Trident
Development, LLC, and the City of Fridley's
Housing and Redevelopment Authority to
Allow for the Redevelopment of the Gateway
NE Properties, Generally Located along University
Avenue Service Drive, east of University Avenue
NE, from 58th Avenue NE to 61S'Avenue NE. The
Street Proposed to be Vacated is a Portion of 60tn
- Avenue NE from the University Avenue Service Drive
to the Alley on the East Side of the Subject Parcels.
The Alley Proposed to be Vacated is Located to the East
of the Subject Parcels and South of Vacated 59tn
Avenue NE;
and
Resolution Vacating and Reserving a Portion of
60th Avenue NE to Allow for the Redevelopment
of the "Gateway Commons" Properties, Petitioned
by Trident Development, LLC, and the City of
Fridley's Housing and Redevelopment Authority;
and
' Resolution Vacating and Reserving the West Half
of the Alley as Dedicated in the Plat of Bennet-Palmer
Addition and in the Plat of Hyde Park, Lying Southerly
of the Easterly Extension of the North Line of Lot 9,
Block 3, Said Plat of Bennet-Palmer Addition, and
Northerly of the Easterly Extension of the South
Line of Lot 10, Block 4, Said Plat of Bennet-Palmer
Addition, Generally Located South of Vacated 59tn
Avenue to Allow for the Redevelopment of the
"Gateway Commons" Properties, Petitioned by Trident
Development, LLC, and the City of Fridley's Housing
and Redevelopment Authority (Ward 1) ....................................................... 99 - 118
FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 10. 2014 PAGE 4 .
NEW BUSINESS (CONTINUED):
11. S-2, Redevelopment District Master Plan
Request, MP #14-01, by Trident Development,
LLC, to Allow for the Development of the
Gateway NE Properties, with the Construction of
Three (3) New Multi-Family Residential Buildings,
Generally Located along the University Avenue
Service Drive, East of University Avenue NE from
58th Avenue NE to 61St Avenue NE;
and
Resolution Approving a S-2 Redevelopment District,
Master Plan, MP #14-01, for Trident Development, _
LLC, on Behalf of the Property Owner, the City of
Fridley Housing and Redevelopment Authority, to
Allow the Redevelopment of the Properties Commonly -
Known as "Gateway NE", Generally Located at 5831,
5865, 5895, 5905, 5925, 5943, 6005, 6041, 6061, and
6071 University Avenue NE (Ward 1) ........................................................... 119 - 143
12. Transit Oriented District (TOD) Master Plan Request,
TOD #14-01, by Trident Development, LLC, to Allow for
the Development of the Gateway NE Properties, with the
Construction of Three (3) New Multi-Family Residential
Buildings, Generally Located along the University Avenue
Service Drive, East of University Avenue NE, from 58tn
Avenue NE to 61St Avenue NE;
and -
Resolution Approving a Transit Oriented Development
Master Plan, TOD #14-01, by Trident Development, LLC,
on Behalf of the Property Owner, the City of Fridley
Housing and Redevelopment Authority, to Allow the
Redevelopment of the Properties Commonly Known as
"Gateway NE", Generally Located at 5831, 5865, 5895,
5905, 5925, 5943, 6005, 6041, 6061, and 6071 University
AvenueNE (Ward 1) ..................................................................................... 144 - 181
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. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 10, 2014 PAGE 5
NEW BUSINESS (CONTINUED):
13. Informal Status Reports ................................................................................ 182
a. Organized Refuse Hauling Update
ADJOURN.
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FRIDLEY
FRIDLEY CITY COUNCIL MEETING
OF JANUARY 6, 2014
7:00 p.m. - City Council Chambers
Attendance Sheet
Please �rint name. address and item number vou are interested in
Print Name (Clearly) Address Item No.
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CITY COUNCIL MEETING
CITY OF FRIDLEY
JANUARY 27, 2014
The City Council meeting for the City of Fridley was called to order by Mayar Lund at 7:05 p.m.
ROLL CALL:
MEMBERS PRESENT: Mayor Lund
Councilmember-at-Large Barnette
Councilmember Saefke
Councilmember Varichak
Councilmember Bolkcom
OTHERS PRESENT: Wally Wysopal, City Manager
Darcy Erickson, City Attorney -
Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Darin Nelson, Finance Director
Jim Kosluchar, Public Works Director
APPROVAL OF MINUTES:
City Council Meeting of January 6, 2014.
Councilmember Bolkcom asked for the following corrections to be made:
Page 6, Item 5, last sentence should read:
She believed they were all for this project but this street rehab project is a significant
assessment to them.
Page 6, Item 5, third paragraph should read:
Councilmember Bolkcom replied, no, ciry staff can look at it and see if more discussion
is needed.
Page 7, Item 13, seventh paragraph should read:
Councilmember Bolkcom stated she is amazed the City actually plows some of the
Counry's trails and walkways.
6
` FRIDLEY CITY COUNCIL MEETING OF JANUARY 27.2014 PAGE 2
Page 8, Item 13, tenth paragraph should read:
Councilmember Bolkcom stated she encourages people who live in any of these areas to
contact their County commissioners. The City has taken on some more and they need to
look at setting up a meeting with County Commissioners to discuss clearing walkways.
Page 11, Item 13, first paragraph should read:
Councilmember Bolkcom asked why they would want to open that can of worms. We
don't want people to go to the public garage asking for S gallon buckets of sand and
sal�
Attorney Erickson asked for the following correction to be made to the resolution in Item 2 of
tonight's agenda:
The resolution should reflect the correct date of 27`h of January,not the 23`d of January.
Y
Councilmember Saetke asked for the following correction to be made to the Planning
Commission Minutes:
Page 27,4�'paragraph should read:
Whether they s�l�make them all registered title... in that same paragraph it should
read preliminary plat, not plate.
NEW BUSINESS:
1. Receive the Minutes from the Planning Commission Meeting of January 15,2014.
RECEIVED.
2. Resolution Receiving Report and Calling Hearing on Improvement for Street
Rehabilitation Project No. ST 2014-01.
.
APPROVED RESOLUTION NO. 2014-09.
3. Resolution Ordering Advertisement for Bids: Municipal Parking Ramp Repair Project
No.438.
APPROVED RESOLUTION NO. 2014-10.
4. Resolution Ordering Advertisement for Bids: 2014 Sanitary Sewer Lining Project No.
450.
APPROVED RESOLUTION NO. 2014-11.
V
7
FRIDLEY CITY COUNCIL MEETING OF JANUARY 27.2014 PAGE 3
5. Resolution Ordering Advertisement for Bids: 2014 Miscellaneous Concrete Repair
Project No.453.
APPROVED RESOLUTION NO.2014-12.
6. Resolution to Approve Application for Safe Routes to Schools Infrastructure Funds for
Improved Bike/Pedestrian Access to Fridley Middle and High Schools on Seventh
Street.
APPROVED RESOLUTION NO. 2014-13.
7. Resolution Approving Agreement with Hoisington Koegler Group, Inc., for Planning
Consultation Services Pertaining to the LCDA Northstar TOD Master Plan Grant.
APPROVED RESOLUTION NO. 2014-14. "
8. Approve Agreement for Residential Recycling Program between the City of Fridley and
the County of Anoka.
APPROVED.
9. Approve 2014 Animal Control Contract between the City of Fridley and Brighton
Veterinary Hospital.
APPROVED.
10. Approve Application for a Livestock License for 1346 Meadowmoor Drive N.E.
(Ward 2).
APPROVED.
11. Appointment: City Employee.
APPROVED APPOINTMENT.
12. Claims(162394- 162590).
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
13. Licenses.
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE.
8
� FRIDLEY CITY COUNCIL MEETING OF JANUARY 27,2014 PAGE 4
14. Estimate:
Northwest Asphalt, Inc.
1451 Stagecoach Road
Shakopee, MN 55379
2013 Street Rehabilitation Project No. ST2013-01
EstimateNo. 5 ........................................................................................ $16,840.85
APPROVED.
APPROVAL OF CONSENT AGENDA:
Councilmember Barnette asked for Item No. 12 to be removed from the Consent Agenda.
MOTION by Councilmember Barnette to approve the Consent Agenda with the corrections of
„ the minutes, resolution and removal of Item No. 12. Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
ADOPTION OF THE AGENDA:
MOTION by Councilmember Bolkcom to adopt the Agenda with the addition of item no. 12.
Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OPEN FORUM VISITORS:
No one from the audience spoke.
i
OLD BUSINESS:
15. Second Reading of an Ordinance Amending Fridley City Code, Chapter 514, Private
Property Snow and Ice Removal (Continued January 6, 2014).
Jim Kosluchar, Public Works Director, said in order to meet the approved plan's goals, staff has
recommended an amendment to the City Code. As part of the Active Transportation Plan, the
City will be providing winter maintenance on additional walk and trail areas, and modifying its
snow and ice control policy to incorporate those maintenance activities. In addition, staff has
recognized that the City Code could be clarified to directly address the current need for property
owners to maintain walks and trails in adjacent rights-of-way free of winter snow and ice
� hazards.
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FRIDLEY CITY COUNCIL MEETING OF JANUARY 27,2014 PAGE 5 -
Mr. Kosluchar stated as directed by the City Council, the text of the proposed ordinance,
Section 514.04.2,was revised from the second reading on January 6 to provide clarity as follows:
2. Property owners must eliminate any hazardous snow or ice condition by clearing residual
snow and ice from walks or trails on adjacent Public Property that are plowed by the City
in accordance with its Snow and Ice Control Policy. Such clearing of snow and ice by
property owners will occur within forty-eight (48) hours of cessation of any snowfall and
any subsequent snow and ice removal activities performed by or on behalf of the City.
Mr. Kosluchar said in addition, the proposed language includes clarifications requested by the
City Council at the first reading held on December 9, 2013. These include authorization of a
designee by the Public Works Director to allow for temporary snow storage on public property,
definition of the snow season, and linking of the civil penalties to the defined snow season. The
proposed amendment to Chapter 514 broadens this section of the code to consider requirements
for City operations, allowing the City to reference its policy for snow and ice control on City °
rights-of-way. The amendment also requires that property owners eliminate hazardous snow and
ice conditions on walks and trails in rights-of-way where winter maintenance is provided by the
City.
Mr. Kosluchar said that in locations where the City does not clear walks or trails, the ordinance
would not apply. Also, the City provides voluntary assistance to Metro Transit to aid in clearing
snow from bus stops; however this is not a maintenance responsibility of the City and therefore
the ordinance would not apply to bus stops. Metro Transit is responsible for addressing any
hazardous conditions at bus stops. This amendment has been reviewed by Community
Development staff and the City Attorney, and they support the amendment.
Mr. Kosluchar stated that upon approval of this amendment, the snow and ice control policy
will be updated to include the walk and trail winter maintenance per the attached map. At this
time, Public Works staff is providing winter maintenance on these segments on an interim basis.
This is in accordance with the 2014 budget and level of service discussions held with the City
Council earlier this year. Staff requests that the City Council adopt the second reading of this
ordinance. If adopted, the ordinance will be published and staff will prepare a courtesy
notification of the revised ordinance to those properties that are along the walk and trail routes to _
be maintained.
Darcy Erickson, City Attorney, noted on Section 514.04, in second paragraph, last sentence,
"will" should be changed to"musY'.
MOTION by Councilmember Bolkcom to waive the reading of the ordinance and adopt the
Ordinance No. 1311 on second reading and order publication. Seconded by Councilmember
Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY
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` FRIDLEY CITY COUNCIL MEETING OF JANUARY 27.2014 PAGE 6
MOTION by Councilmember Bolkcom to amend the second paragraph, last sentence, of Section
514.04 to read "Such clearing of snow and ice by property owners must occur." Seconded by
Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
PUBLIC HEARING:
16. Consideration of the Revocation of Special Use Permit, SP #93-10, for Exterior Storage
Generally Located at 505 Fairmont Street N.E. (Ward 3).
MOTION by Councilmember Bolkcom to waive the reading of the public hearing notice and
open the public hearing. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
. MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 7:25 P.M.
Julie Jones, Planning Manager, stated this is a 60' x 110' parcel, zoned C-1, Local Business,
located at 505 Fairmont Street. The business is Mobile Maintenance; repair service for
manufactured homes. Aerial photos of the site in 2009, 2010 and 2013 show storage next to a
shed that is located on an R-1 lot at 513 Fairmont Street. The shed itself is a violation of the
zoning code, as you cannot have an accessory structure on a lot without there also being a
principal use (a house) also on the lot. In 2009, trucks were parked onsite that were not operable
or licensed, and in 2010, several employees were parking on the street. In 2013, staff observed
that an adjacent residential lot and County-owned lot across the street were plowed and being
driven on.
Ms. Jones stated the owner purchased the adjacent R-1 lot and cannot use this lot to expand the
business. Using it for snow storage would be acceptable, but not for parking. C-1 parking
requirements prohibit on-street parking. A 5' side yard setback is required and a 20' setback
from the front property line is required.
.
Ms. Jones said staff recommends revocation of the special use permit because of the repeated
storage outside the approved storage area, the repeated use of the adjacent property/street for
parking, the business does not meet parking screening/setback requirements in the code, and
motor vehicles are to be screened or in the rear.
Ms.Jones noted that Section 205.OS.S.G of the zoning code states:
• Failure to comply with stipulations shall result in revocation of a special use
permit.
• Revocation shall occur after a public hearing.
• All cost incurred by the City for the revocation process shall be assessed to the
• property.
v
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FRIDLEY CITY COUNCIL MEETING OF JANUARY 27.2014 PAGE 7
Staff recommends Council revoke SP #93-10 and suggest the owner be given 6 months to
remove the storage and fence. The owner also needs to remove the storage shed on the adjacent
lot at 513 Fairmont Street.
Councilmember Bolkcom asked what the issues have been with storage in the past.
Ms. Jones replied in 2009, a trailer with material on it was parked on the adjacent property at
513 Fairmont Street, outside the fenced area.
Councilmember Bolkcom asked if this was removed when asked.
Ms.Jones replied yes.
Councilmember Bolkcom said they remove it but it keeps coming back. She asked if there was
anything before 2009. The SUP was granted in 1993. �
Ms.Jones replied no.
Councilmember Bolkcom asked what the outdoor storage issue was in 2010.
Ms.Jones replied that there were items stored behind the shed.
Councilmember Bolkcom asked about 2012.
Ms.Jones said items were stored above the height of the fence.
Councilmember Bolkcom asked what brought this forward. She asked if there were complaints
from the neighborhood.
Ms. Jones replied staff received a complaint in December that they used the adjacent properly
that does not belong to the business owner for parking.
Councilmember Bolkcom asked if the same business owner has owned this property throughout .
the years.
Ms.Jones replied yes.
Councilmember Bolkcom said she drove by the area, and agreed there are a lot of vehicles on
site. She asked how they get in and out. She said some vehicles did not have license plates or
current tabs. She asked if staff has requested them to take down the shed.
Ms.Jones replied no.
Councilmember Bolkcom stated that taking down the shed will not help the storage issue. She
asked if staff has had a discussion with the owner on what can be done with this issue. -
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` FRIDLEY CITY COUNCIL MEETING OF JANUARY 27,2014 PAGE 8
Ms. Jones answered yes, and he has addressed some concerns. The owner has a cross parking
agreement with the laundry mat to park vehicles of people who are taking a truck for the day.
Employees can also take trucks home.
Councilmember Bolkcom asked how many of the trucks go out every day. She noted that some
trucks had a fair amount of snow on them. She asked if some could be stored at an off-site
location.
Ms.Jones replied the owner said he got rid of some vehicles that were not operable.
Councilmember Bolkcom asked if there was another option besides revoking the special use
pernut. Maybe staff could work towards a plan to adhere to the original stipulations.
Ms.Jones replied options were discussed prior to the meeting.
Councilmember Bolkcom recalled that in the past, Council has allowed a business to fmd other
� options that may work.
Darcy Erickson, City Attorney, said they worked with Home Depot two years ago, and Council
did pass a resolution revoking the special use permit, but provided if there were no further
outdoor violations the condition was not recorded. That would be an option. Council could also
continue the public hearing and take a"wait and see" approach to see if there is an improvement
and no further violations. She deferred to Ms. Jones and Mr. Hickok if there would be an
application to amend the SUP if there is reason to believe there is more storage space available.
The site appears to be pretty tight so that may not be an option.
Steven Witzel, Property Owner, said he has owned the property for over 10 years. He bought it
prior to having a lot of employees at this location. When he bought the property, it was in
horrible condition. He took the property and fixed it up and maintained it. He has never
received any grass cutting citations and has had no accidents with employees in front of the
property so safety is not an issue. The reason for the photo with the trailer parked in the wrong
place was because new employees make assumptions that it is acceptable to park there. The
. primary reason he is standing here today is one employee made a common sense approach to
snow storage to a lot across the street. Plowing the lot next to them was not their intent either.
Removing the fence so vehicles can park back there will not. The SUP was to park there and
moving the snow from where it is now 20' to the side will not accomplish anything. They
cannot park in the screened area or put snow there; that would not enhance the site. He said he is
not sure if all the cars parked on the street are from his employees. As soon as he was told that it
was not ok to park there, it was fixed. The laundry mat is never full, so an agreement has been
made to park there. He said that all trucks on his lot are operational.
Councilmember Bolkcom said that one truck had no plates.
Mr. Witzel said there is an increase in crime in the neighborhood and plates and tabs get stolen.
• He has had trucks and trailers stolen from the lot. The trucks park close together so thieves
cannot get doors open to steal tools.
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FRIDLEY CITY COUNCIL MEETING OF JANUARY 27.2014 PAGE 9 �
Councilmember Bolkcom asked if any of this has been reported to the police.
Mr. Witzel replied that he has quit reporting to the police. They told him to put more lights up
and this has not been done yet. Adding lights is a concern to neighbors.
Councilmember Bolkcom asked when the last time a police report was filed.
Mr. Witzel answered about a month ago. Law enforcement has been great and they have made
their presence known.
Councilmember Bolkcom asked if tools that are stored in trucks could be put somewhere else.
Mr. Witzel replied that they could unload every night but that is very labor intensive. Business
is not normally done that way. Theft has been more of a problem this year than ever.
Councilmember Bolkcom asked if the business has outgrown this space.
Mr. Witzel replied that they have talked about moving the construction site somewhere else and
making this site for plumbing and heating only. That would help.
Councilmember Bolkcom asked how many trucks park in this space.
Mr. Witzel answered 7 or 8. He said they are also thinking about downsizing from the larger
trucks.
Councilmember Bolkcom asked where it is noted in the stipulations that say they cannot park in
the back.
Ms.Jones replied Stipulation#5; the intent is the vehicles must be operable.
Councilmember Bolkcom said asked if they could park there.
Scott Hickok, Community Development Director, said in the 1990's, there was a practice of -
keeping a boat parked in the storage area that was not related to the mobile maintenance
business.
Councilmember Bolkcom said he could park some of the trucks in the back if they could be
driven back there behind the building and they must be operable and licensed.
Mayor Lund noted that would take away from his storage.
Mr.Witzel remembered being told not to do that.
Mr. Hickok said the business has other materials that need to be stored and can be stored in that
screened area. He said it is not a good solution to think it would reduce the demand on the -
parking lot.
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' FRIDLEY CITY COUNCIL MEETING OF JANUARY 27,2014 PAGE 10
Councilmember Bolkcom said that he cannot put snow on someone else's property. If the snow
cannot be stored on the property,then it will need to be hauled away.
Mayor Lund said he could plow and store snow on his residential lot but not someone else's
property.
Councilmember Bolkcom asked what else needed to be done so the SUP does not get revoked.
Mayor Lund said he has to figure out how to be in compliance.
Councilmember Bolkcom stated Council wants his business here and in fairness to others, they
need to comply. One thing to be removed is the storage shed. Also, parking needs to be done in
a safe way. She did not want to revoke the permit but wanted to be sure the stipulations were
followed.
Mr. Witzel said the letter he posted for employees is a good first step to fix the parking issue.
,, You cannot see anything behind the shed unless you drive around and look for it. The shed will
go away. He uses it to store a lawnmower and rakes to maintain the property. He said if you
drive around a one-block radius, people are doing worse than he is. That does not make what he
is doing right,but it seems unfair.
Councilmember Bolkcom stated the SUP comes with stipulations, and staff is asking Mr.
Witzel to do his part.
Mr. Witzel agreed that what he is doing is not correct but it fits the flavor of the neighborhood.
He can put bumpers down to keep the vehicles from going over the lot.
Councilmember Bolkcom asked what needed to be done to be in compliance to keep the SUP.
Remove the shed, keep parking on own property, maintain the property, and keep the outside
storage behind the screened area.
Mr. Hickok said with the SUP for outdoor storage, you should be able to drive by and not know
. things are outside. The trucks are big and it looks like trucks need to pull forward to get out of
the way of the storage area. If bumpers are put in, trucks may be in the way of the outdoor
storage area. A solution needs to be made to allow trucks to park and get the gate open to the
outdoor storage. In 1993 there was difficulty with curb and gutters. He said he is not sure why
there are no curb and gutters on this site. In notes from 1993, that was a code requirement.
Things could have been done to keep this in compliance. The list of solutions is quite simple. It
would be a good idea for the industry to go to smaller trucks. That will help. Regarding the
criminal complaints, statistically,vehicles left unattended on busy roadways are a target for theft.
Mr. Witzel said that shorter trucks are now parked by the gate and the storage area has double
gates that open one to the left and two to the right so access is not an issue.
. Mayor Lund thought the permanent solution would be smaller trucks.
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FRIDLEY CITY COUNCIL MEETING OF JANUARY 27.2014 PAGE 11 -
Mr. Witzel said the bumpers will help. He said 99% of the time, the trucks access the two gates
closest to building.
Mayor Lund asked if Mr. Witzel felt he could comply with what staff is asking.
Mr. Witzel replied yes.
Mayor Lund said the shed needs to be removed and no outside storage is allowed. All storage
needs to be in the screened area. The area needs to be kept presentable to the neighborhood and
there is no parking on the street. If a problem comes up, deal with the problem. Do not wait
until staff notices. Staff brought this to Council because they want compliance. There are
different restrictions in residential and commercial areas.
Councilmember Bolkcom asked him not to confuse code violations with stipulations. She
suggested continuing this public hearing until the next meeting and developing a plan on how to '
comply with the stipulations in place since 1993.
J
Wally Wysopal, City Manager, asked for clarification. The SUP allows for outdoor storage
which is the fenced area. He asked if it is the assumption that providing outdoor storage takes
away the necessary parking for trucks that are violating the other codes.
Mr. Hickok said that storing outside of the area is an issue and parking is the other issue.
MOTION by Councilmember Bolkcom to move into record the letter dated January 2, 2014, to
employees about parking. Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Councilmember Barnette said he drove by the business today, and the trucks were neatly
backed up, so they are making an attempt to make this correct. �
MOTION by Councilmember Bolkcom to continue the public hearing to February 10, 2014.
Seconded by Councilmember Saefke
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
NEW BUSINESS:
17. Resolution Revoking Special Use Permit, SP #93-10 for Exterior Storage Materials in
a C-1 Zoning District at the Property Generally Located at 505 Fairmont Street N.E.
(Ward 3)
MOTION by Councilmember Bolkcom to continue this resolution to February 10, 2014. _
Seconded by Councilmember Saefke.
16
4
` FRIDLEY CITY COUNCIL MEETING OF JANUARY 27 2014 PAGE 12
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY
18. Approve Agreement Relating to Landowner Improvements with City Easement on
the Property Generally Located at 5801 Third Street N.E.(Ward 3)
Jim Kosluchar stated last week, staff was contacted by the developer of an HRA housing
redevelopment site on Third Street N.E. regarding a conflict between a planned dwelling a.nd an
existing utility easement. The extent of the utility easement was missed when prepari.ng layouts
on the property. City and HRA staff met to discuss options to allow the parcel to be developed,
including reducing the dimensions of the dwelling, or requesting a permitted encroachment into
the City's drainage and utility within the southern portion of the properiy. An encroachment
agreement was prepared with the City Attorney, and it meets the approval of the developer and
property owners. �
Mr. Kosluchar stated the proposed configuration of the dwelling includes a 4' encroachment
, into the City's easement. A sanitary sewer main exists in close proximity--appro�mately 6.5'
from the north limits of the easement. While this would place the dwelling in close proximity to
the sewer main, Sewer and Engineering Division staff have reviewed and approved the
encroachment. If the dwelling were reconfigured to be located outside the limits of the easement,
the dwelling would likely still be in close enough proximity to the 9' deep sanitary sewer main to
need alternate methods of construction should a repair be required. The encroachment agreement
requires the property owner to accommodate and pay the cost of any differential due to
construction methods that may be required due to the encroachment, and therefore provides
added protection to the City.
Mr. Kosluchar stated the sanitary sewer main is vitrified clay pipe and was installed in 1954. In
coordination with the developer's construction, the segment of pipe adjacent to the dwelling will
be reconstructed. The encroachment agreement protects and reinforces the City's rights under its
easement. The agreement will be recorded and run with the property. Future owners therefore
� would be made aware of this encroachment. If the dwelling were to be modified, the properiy
owner is required to obtai.n special permission from the City a.nd to modify the attached
agreement as needed. Staff is recommending that the City Council approve the attached
Encroachment Agreement for 5801 - 3rd Street N.E. If approved, stai�will notify the developer
and the owner, coordinate execution and recording of the agreement, and ensure that a recarded
copy of the agreement is received by the City.
Councilmember Saefke asked if this would affect the footings for the dwelling.
Mr. Kosluchar said they would work out the details with the contractor. It would not have an
impact.
Councilmember Saefke thought by disturbing soil that close there would be influence on the
footings.
.
17
FRIDLEY CITY COUNCIL MEETING OF JANUARY 27,2014 PAGE 13
Mr. Kosluchar said the builder is responsible and the City will put things back in satisfactory
order for them to construct the home.
Councilmember Bolkcom asked how this happened.
Mr. Kosluchar replied that the survey did not have the proper easement shown.
Councilmember Bolkcom asked if this happened because it has been there since 1954.
Mr. Kosluchar replied it is an error on the surveyor. They did not provide that information. The
building will be close to sanitary sewer regazdless.
Councilmember Bolkcom asked what the City cost is at this point.
Mr. Kosluchar replied the City will do the pipe segment alongside the sanitary sewer, not
excavation. The City will pay for the new pipe that will be serviceable for a long time. The pipe
is 34 to 35' long.
Councilmember Bolkcom asked if something on either side needed repair would this need to be
torn up.
Mr. Kosluchar replied that the City would extend beyond that so ordinary excavation can be
used for repairs.
Councilmember Bolkcom asked if there were any other issues.
Mr. Kosluchar replied it is possible.
Councilmember Bolkcom asked if the rest of the pipe would be relined.
Mr. Kosluchar replied yes. They would like to consider that this year.
Councilmember Bolkcom asked when it will be done.
Mr. Kosluchar answered in the next week or two.
Councilmember Bolkcom asked if there could be other costs if something happens.
Mr. Kosluchar answered the City bears the cost of open-cut excavation repair. Other repairs are
the owner's responsibility.
Councilmember Bolkcom said this is close proximity; she asked if something could damage the
foundation of this property.
Mr. Kosluchar replied the builder and developer are comfortable with this solution.
��
r FRIDLEY CITY COUNCIL MEETING OF JANUARY 27.2014 PAGE 14
Mayor Lund noted there is a full basement with the remains 2 '/2 feet away from the basement.
He asked if they looked at reconfiguring the house or lot.
Mr. Kosluchar replied yes they have, but there are limitations as to what they can do.
Mayor Lund was concerned if the pipe breaks and a major amount of sewage is 2 'h feet from
the basement,there is not a lot of forgiveness there.
Darcy Erickson, City Attorney, said Section 3.5 states that the landowners understand and agree
and assume their loss. This has been used in a number of cities and there have been no issues
with it.
Councilmember Bolkcom asked if this would be a determent to selling the property.
� Mayor Lund replied the developer and builder are ok with it and the City is safe from it.
� Councilmember Bolkcom asked if the agreement is with the landowner.
Attorney Erickson replied that the agreement is signed by developer. The buyers will also sign
the agreement and it will be recorded with the properiy and filed with the County.
MOTION by Councilmember Bolkcom to approve the Agreement Relating to Landowner
Improvements with City Easement on the Property Generally Located at 5801 Third Street N.E.
Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
19. Preliminary Plat Request, PS #14-01, by Tri-Land Developments, LLC, to Subdivide
the Existing Large Lot to Create Two Separate Parcels from the Original Lot for
Y Developing Along 57th Avenue, Generally Located at 250—57th Avenue N.E. (Ward 3)
. Scott Hickok, Community Development Director, said the petitioner is requesting a plat to
subdivide the existing large lot at 250 - 57�' Avenue. The proposed subdivision will create two
separate parcels from the original lot, for development along 57`�Avenue.
Mr. Hickok said the creation of these separate lots will allow each parcel to have its own tax
parcel and tax bill, which is what McDonald's and the petitioner would like to happen. The
property is zoned PUD and located on the northwest corner of I-694 and University Avenue.
The lot has already been replatted twice to allow for the creation of the existing CVS lot and
Holiday gas station lot.
.
19
FRIDLEY CITY COUNCIL MEETING OF JANUARY 27,2014 PAGE 15 �
Mr. Hickok stated the replat will create three lots that will be legally described as; Lot 1, Lot, 2,
and Lot 3, Block 1, Fridley Market. Lot 1 is 13.98 acres; Lot 2 is .72 acre (McDonald's); and
Lot 3 is .63 acre.
Since the PUD zoning does not have a minimum lot size and allows flexibility in meeting regular
code standards, staff has determined that this plat meets the intent of the PUD zoning
designation.
Mr. Hickok said that the Planning Commission held a public hearing for PS #14-01 on January
15, 2014. They unanimously recommended approval with four stipulations. Staff recommends
concurrence with the Planning Commission.
Councilmember Bolkcom asked if the petitioner agreed with the stipulations.
Glen Johnson, Tri-land Development, replied yes, he agreed with the stipulations.
MOTION by Councilmember Bolkcom to approve the Preliminary Plat Request, PS #14-01, by
Tri-Land Developments, LLC,with the following four stipulations:
l. The purpose of this plat request is for development and finance purposes. Lots 2 and 3 shall
not be separated from the PUD zoning designation unless all three lots within this
development are re-evaluated and the City agrees the PUD can be modified to reflect that
change.
2. The petitioner shall establish and file at Anoka County a shared access agreement between
Tri-land Developments Inc. and Lots 2 and 3, Block l, Fridley Market, upon final plat
approval.
3. The petitioner shall establish and file at Anoka County a shared parking agreement between
Tri-land Developments Inc. and Lots 2 and 3, Block 1, Fridley Market, upon final plat
approval.
4. The petitioner shall pay park dedication fee for Lot 2 of$722.33 and Lot 3 of$633.23 upon `
issuance of a building pernut for a building for Lot 3.
Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
20. Resolution Establishing a Vision Statement for the City of Fridley.
Walter Wysopal, City Manager, stated the City Council has been working on a vision statement
for the last few months, identifying goals and objectives to create a vision statement. Council
came up with several general themes. The vision was about families and businesses. Key to
attracting and retaining families and businesses is safety. We need to live securely and not in
fear. Vibrancy is demonstrated by an active and engaged citizenry and is built upon safety. We .
want all residents to have the opportunity to be active in mind and body. Friendliness is a way of
2�
` FRIDLEY CITY COUNCIL MEETING OF JANUARY 27,2014 PAGE 16
approaching life that makes people want to stay together in community with each other. Staff
recommends Council adopt a resolution establishing the following vision statement for the City
of Fridley:
We believe Fridley will be a safe, vibrant, friendly and stable home for families and
businesses.
MOTION by Councilmember Barnette to adopt Resolution No. 2014-15. Seconded by
Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
12. Claims:
Councilmember Barnette asked what the claim for$297,000 to Metropolitan Council was for.
.
Jim Kosluchar, Public Works Director, said it is the sewer waste water charge. That is what it
costs to move the wastewater from Fridley to St. Paul to meet today's regulations for clean
water.
Councilmember Barnette said that people talk about utility charges and water is reasonable in
Fridley. This is an expensive process. A year ago there was a 9% raise in one year for that cost.
He asked what it cost for a year for this service.
Mr. Kosluchar replied that this is a monthly charge, so it is about $3.4 million per year. It is
78% of the sewer budget.
Mayor Lund said that the alternative would to do our own sewage ponding and that cost would
be much higher.
MOTION by Councilmember Barnette to approve Claims 162394-162590. Seconded by
. Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY
21. Informal Status Reports
Mayor Lund said the Community Theater play, Barefoot in the Park, is coming up and seats are
available. Some nights include dinner with the show. It starts February 6 and runs for two
consecutive weekends. Contact the Fridley Community Center for more information.
Councilmember Bolkcom attended the Home Show at the Schwan's Center and thought it was
� successful. People were engaged and interested. This is a nice thing we do with other
communities.
21
FRIDLEY CITY COUNCIL MEETING OF JANUARY 27.2014 PAGE 17
Scott Hickok, Community Development Director, said it was a fun event. It was a busy day.
That same day was the Winterfest and also a small business seminar at the Islamic Center. He
thanked everyone who attended.
Councilmember Bolkcom said that Scott Hickok was featured in the "Minnesota Cities
Magazine" published by the League of Minnesota Cities. The article will be on the website and
is about code enforcement.
ADJOURN:
MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 8:50
P.M. '
Respectfully Submitted,
Krista Peterson Scott J. Lund
Recording Secretary Mayor
22
Y
� AGENDA ITEM
� CITY COUNCIL MEETING OF
�� FEBRUARY 10, 2014
To: Wally Wysopal, City Manager
From: Darin R.Nelson, Finance Director
Date: February 4, 2014
Re: Request for Public Hearing
Introduction:
This action would set a public hearing for March l Oth to consider the issuance of educational
facilities revenue notes for the benefit of Totino-Grace High School.
Elements:
The City was approached by Michael Bilski, CEO of North American Banking Company, late
last fall inquiring about our interest in issuing bank-qualified,tax exempt conduit debt for
Totino-Grace High School. Totino-Grace would like to refinance existing debt in the
approximate amount of$5.5 million with new financing of$1.3 million for sprinkler and
gymnasium improvements.
This debt is similar to the healthcare facility revenue notes that the City issued towards the end
_ of 2013 for the construction of a transitional care unit at the Unity Hospital campus. The debt
will not constitute a debt of the City and the City will not be pledging its full faith and credit
towards any future repayment. The debt is considered a revenue note that is paid based on a
' pledged revenue stream paid by and solely the obligation of Totino-Grace.
"Bank-qualified"obligations are limited to $10 million in each calendar year for the City's debt
and any debt issued for a 501(c)(3)organization like Totino-Grace. At this time,the City does
not reasonably expect that such issuances would exceed $10 million.
The City will also receive a fee for its role in helping Totino-Grace secure the revenue notes.
The agreed upon fee equates to '/4 of one percent. Based on the anticipated issuance of$6.8
million this equates to $17,000. That amount would be in addition to recovering any and all
administrative expenses the City may incur through this process. A public hearing will be
necessary prior to Council approving conduit debt assistance.
' Recommendation:
Staff recommends setting a public hearing for March 10, 2014 to consider this matter.
.
23
RESOLUTION NO. 2014 -
RESOLUTION CALLING FOR A PUBLIC HEARING ON THE ISSUANCE OF
EDUCATIONAL FACILITIES REVENUE NOTES AND
AUTHORIZING THE PUBLICATION OF A NOTICE OF THE HEARING
(TOTINO-GRACE HIGH SCHOOL PROJECT)
WHEREAS, Minnesota Statutes, Sections 469.152 through 469.1655, relating to municipal
industrial development (the "Act"), gives municipalities the power to issue revenue obligations
for the purpose of promoting the welfare of the state by the active attraction and encouragement
and development of economically sound industry and commerce to prevent so far as possible the
emergence of blighted and marginal lands and areas of chronic unemployment; and
WHEREAS, Fridley, Minnesota (the "City") has received from Grace High School, a Minnesota
nonprofit corporation and 501(c)(3) organization (d/b/a Totino-Grace High School) (the '
"Borrower"), a proposal that it undertake a program to finance the Project hereinafter described,
through the issuance of revenue notes, in one or more series, or obligations (the "Notes")
pursuant to the Act; and
WHEREAS, before proceeding with consideration of the request of the Borrower it is necessary
for the City to hold a public hearing on the proposal pursuant to Section 147(� of the Internal
Revenue Code and Section 469.154, Subdivision 4, of the Act.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley, Minnesota,
as follows:
1. A public hearing on the proposal of the Borrower will be held at the time and place set
forth in the form of Notice of Public Hearing attached hereto as Exhibit A. The general
nature of the Project and an estimate of the aggregate principal amount of revenue notes
or other obligations to be issued to finance the proposal are described in the Notice of
Public Hearing. �
2. The Manager is hereby authorized and directed to cause notice of the hearing to be given
one publication in the official newspaper of the City and also in a newspaper of general
circulation available in the City, not less than 14 days nor more than 30 days prior to the
date fixed for the hearing, substantially in the form of the attached Notice of Public
Hearing.
PASSED AND ADOPTED BY THE CITY COUNCIL FOR THE CITY OF FRIDLEY THIS
DAY OF , 2014.
SCOTT J. LUND—MAYOR
ATTEST:
DEBRA A. SKOGEN—CITY CLERK
24
EXHIBIT A
NOTICE OF PUBLIC HEARING
ON A PROPOSAL FOR THE ISSUANCE OF
EDUCATIONAL FACILITIES REVENUE NOTES FOR THE
TOTINO-GRACE HIGH SCHOOL PROJECT
Notice is hereby given that the City Council of the City of Fridley, Minnesota (the
"City") will meet at the Council Chambers of the Fridley Municipal Center, 6431 University
Avenue NE in the City, at 7:00 p.m. on Monday, March 10, 2014, to consider the proposal of
Grace High School, a Minnesota nonprofit corporation (d/b/a Totino-Grace High School) and
having federal income tax-exempt 501(c)(3) status (the "Borrower"), that the City assist in
financing a project hereinafter described pursuant to Minnesota Statutes, Sections 469.152 to
469.1655,by the issuance of revenue notes, in one or more series(the"Notes").
The "Project" consists of(i) the refinancing of Borrower's existing taxable debt issued
pursuant to a Promissory Note dated as of January 27, 2010, as amended by an Allonge thereto
' dated as of June 2, 2011 (the "Prior Note"), the proceeds of which (a) refinanced a tax-exempt
note issued by the City in 2002 to finance the non-religious portions of the renovation and
equipping of, and construction of additions to, the Borrower's high school, known as Totino-
Grace High School, including, but not limited to, the construction and equipping of a new
electrical and heating plant, the construction of an additional 60 space surface parking lot, and
the refmancing of prior debt which was used to finance a new library, science lab, offices and
stadium (the "School Facilities"), (b) financed the construction of additional classrooms, art
rooms, and other improvements to the School Facilities, together with all other site
improvements sufficient to meet zoning requirements, (c) and refinanced the acquisition of an
automobile; and (ii) financing interior fire sprinkler improvements and gyrnnasium
improvements to the School Facilities.
The School Facilities are owned and operated by the Borrower and located on an
- approximately 40 acre campus located at 1350 Gardena Avenue NE in the City. The land
constituting the campus is owned by The Archdiocese of Saint Paul and Minneapolis, a
Minnesota diocesan religious corporation, and leased to the Borrower pursuant to a ground lease.
k
The maximum estimated principal amount of the Notes to be issued to finance the Project
is $6,800,000.
The Notes if and when issued will not constitute a charge, lien or encumbrance upon any
property of the City, except the Project, and such obligations will not be a charge against the
general credit or taxing powers of the City but will be payable from sums to be paid by the
Borrower pursuant to a revenue agreement.
A draft copy of the proposed application to the Minnesota Department of Employment
and Economic Development for approval of the Project, together with all attachments and
exhibits thereto, is available for public inspection, during normal business hours, Monday
� through Friday, in the office of the Manager, in the City Hall.
25
At the time and place fixed for the Public Hearing, the City Council will give all persons
who appear at the hearing an opportunity to express their views with respect to the proposal.
Written comments will be considered if submitted at the above City office on or before the date
of the hearing.
26
` AGENDA ITEM
CITY COUNCIL MEETING OF
F�O� FEBRUARY 10, 2014
To: Walter T. Wysopal, City Manager
From: Debra A. Skogen, City Clerk
Date: February 4, 2014
� Re: Resolution Adopting Rosenberg's Rules of Order Revised 2011 as the Parliamentary
Procedures for the City of Fridley
.
On July 1, 1949, the City Council adopted Robert's Rules of Order (Robert's Rules) for
parliamentary procedures for use at their meetings. On September 24, 1957 the residents voted to
approve the Fridley City Charter. Section 3.03 of the Charter allows the City Council to determine
their own rules and order of business. The City Council did not officially adopt parliamentary
procedures at that time. Since the practice had been to follow Robert's Rules, it appears the City
Council continued to use Robert's Rules as their parliamentary procedure.
Staff completed its research and met with the City Council to provide an alternative to Robert's
Rules. Rosenberg's Rules of Order (2011) (Rosenberg's Rules), as shown in Exhibit 1 of the
resolution, was established for smaller groups for city councils or boards with five to seven
members. It is short and simple, unlike Robert's Rules. Based on the review by the City Clerk and
the City Attorney, it appears the City Council is essentially following Rosenberg's Rules.
The City Council met during a workshop to discuss the option of adopting Rosenberg's Rules and
, asked for additional information. First, how many other local governments or boards have adopted
Rosenberg's Rules and second, questions about quorum, abstentions and conflicts of interest for
purposes of counting votes.
Research found the League of California Cities promotes Rosenberg's Rules and over twenty cities
or counties in California have adopted Rosenberg's Rules. In addition cities in the states of
Colorado, Georgia, Minnesota, Missouri, Montana, New Mexico, Oklahoma, South Carolina, and
Texas have adopted Rosenberg's Rules. Roseville was the first city in Minnesota to adopt
Rosenberg's Rules.
The City Attorney has provided direction regarding the questions of quorum, abstentions and
conflicts for purposes of vote counting. Adopting Rosenberg's Rules would not affect the definition
. of"quorum" for the Fridley City Council, or how council votes would be counted (including when
members abstain). Rosenberg's Rules decide these issues only if the local body (or state law) does
.
27
not already have specific rules in place. See Rosenberg's Rules of Order (20l l) at 2, 5-6. The
Fridley City Charter specifically defines a quorum and has provisions that effectively determine
how council votes must be counted (and what impact abstentions have). Fridley would be
considered to have specific rules on these issues. As a result, the City Charter, and not Rosenberg's,
Rules would control these issues. In addition to the City Charter and City Code, staff has provided
a reference sheet to help illustrate quorum and vote calculate under scenarios involving abstention
and conflict of interest, as shown in Attachment B.
Staff recommends a motion approving a Resolution adopting Rosenberg's Rules of Order
(2011)) as the Parliamentary Procedures for the City of Fridley, Minnesota, as shown in
Attachment A.
28
. Attachment A
RESOLUTION NO. 2014 -
A RESOLUTION ADOPTING ROSENBERG'S RULES OF ORDER(2011)AS THE
PARLIAMENTARY PROCEDURES FOR THE CITY OF FRIDLEY
WHEREAS, research found the City Council adopted Ordinance No. 1 on July 1, 1949, defining
Robert's Rules of Order to be used as their parliamentary procedure; and
WHEREAS, after the Fridley City Charter was approved by the voters in 1957, allowing for the
City Council to determine their own rules, the City Council did not officially designate a
parliamentary procedure but continued to use Robert's Rules of Order; and
WHEREAS, the Fridley City Charter, Section 3.03, states that, "the City Council shall determine
its own rules and order of business", and
WHEREAS, research was completed to determine what other parliamentary procedures were
„ available for use and provided to the City Council for discussion; and
WHEREAS, after discussion, it was determined Rosenberg's Rules of Order(2011)was found to
be easier to understand and the process currently being used by the City Council.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Fridley hereby
adopts Rosenberg's Rules of Order(2011) for the City of Fridley, as shown in Exhibit 1.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF , 2014.
- Scott J. Lund, Mayor
ATTESTED:
.
Debra A. Skogen, City Clerk
.
29
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Simple Rules of Parliamentary Procedure for the 2ist Century �
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To expand and protect locat control for dties through educatioa aad advocacy to enhance the quality of life for aIl Californiaos. '
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" To be reoogni�ed and cespected as the leading advocate for the commom interesta of California's cities. �
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Fsteblished in 1898,ihe League of Catif'omia Cities is a member ozganization that represents California's incorporated cities. �
The I.eagne strives to proted the local authority and automony of dty go•ver�ent and hdp California's cities effectiveiy i
serve their residents.In addition to advocatiag on cities'behatf at the state capital,the Leagne provides its members with
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- ABOUT THE AUTHOR �
Dave Rosenberg is a Superior Court Judge in Yolo Counry.He has served as presiding judge of his court,and as �
presiding judge of the Superior Court Appellate Division.He aLso has served as chair of t6e 1Yia1 Court Presid'eng.)adges �
� Advisory Committee(the committee composed of ali 58 California presiding judges)and as an advisory membez of the
California Judiciai CounciL Prior to his appointment to the bench,Rosenberg was member of the Yolo County Board of I
Supervisors>wbere he served two terms as chair.Rosenberg also served oa the Davis Ciiy Council,induding two terms j
as mayor.He has served on the senior staff of two govtrnors,and worked for I9 years in private law pxactice.Rosenberg �
has served as a member and chair of numerous state,regional and tocai boards.Roscnberg chaued the California State �
� Lott Commission,the Catifomia Victim Co �
�'Y mpensation and Gwernment t;laims Board,theYolo-Solano Air Quality
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Cabinet.For many years,he has taught classes on padiamentary procedure and has served as parliamentarian for large
and small bodies.
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TABLE OF CON'I'ENTS
Aboutthe.Author............................................................................................................0 �
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Inhoduction............................................................:................................:......................2
Fstablishinga Quorum....................................................................................... ,
............2
TheRole of the Chair......................................................................................................2
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The Basic Format for an Agenda Item Discussion...................
.....................................2
Motionsin General......................................................................................... ......3 �
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The Ttuee Basic Motions................................................................ .......3
Multiple Motions Before the Body.............................................................. ...........4 �
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To Debate or Not to Debate........................................................................
....................4 �
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Majority and Super-Majority Votes..............................................:...... ........:......5 _
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Counting Uotes................... ..............5 �
.........................................:.....................................
TheMotion to Reconsider..............................................................................................6
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• Courtesy and Decorum................................................... !
...............................................7
Special Notes About Public Input..................................................................................7
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INTRODUCTION
The rules of procedure at meetings should be simple enou�for Esrablishing a Quorum E
most people to understand.Unfortunately,that has not always been The starting point for a meeting is the eslxblishment of a quorum. �
the casc.V'uwally all clubs,associations,boards,councils and bodiea A quorum is defined as the minimum number of inembers of the �
foIlow a aet of rules—Rbbert's Rul�s of Order—which are embodied body who must be present at a meeting for business to be legally �
in a small,but complex,book V'�rtually no one i know has actually transacced.The default raile is that a quorum is one more than half
read this book covet W cover.Worse yet,the book was written for the body.Eor example,in a five-member body a quonun is three. I
another time and for another purpose.If one ia chairing or running When the body�has thm members present,it can legally transact �
a patliamatt,t�en Robert's Rr�les of Order is a dandy and quite useful business.If the body haa less t�an a quorum of inembas present,it �
handbook for procedure in that complea setting.On the other hand, cannot legally transact business.Ar►d eym if the body has a quorum �
if one is running a meeting of sey,a five-memberbody with a few to begin the meeting,the body can lose the quorum during the
members of the public in attendance,a simplified veraioa of the niles meeting when a member departs(or even when a member leavea the
� of parliamentary procedure ia in order. dais).When tl�at occars the bodyloses its abi7ityto transad business
Hence,the birth of Rosenberg's Rules of Order. ���d wiless a quorum is reestablished.
Wl�at follows is my veraion of the ruies of pazliameutacy procedure, The defanit rule,identified above,howevrr,gives way to a specific
based on my decades of experience chairing meetings in state and ��°��e body that establislua a quorum.Por example,the rules of
local government These rules have been simplified for the smaller a particular frve-member body may indicate that a quorum is four
bodies we chair or in which we participate,slimmed dowa for the members for that particalar bodp.The body must follpw the rules it �
21st Cxntury,yet retaining the basic tenets of order to which we have has established for its quorum.In the absence of such a specific rule,
grown accustomed.Interestingly enough,Rosenberg's Rules has found �4uorum is one more than half the members of the body.
a welcoming audience.Hundreds of aties,counties,spocial districts, ,
committees,boards,commissiona,neighborhood assoaations and �e Role of the C�air �
private corporations and companies have adopted Rosenbtrg's Rules While all members of the body should know and understand the �
in tieu of Robert's RuIes because they have found them practical, rules of parliamentary procedurq it is the chair of the body who is •
logical,simple,easy to learn and user&iendty. chaz8ed with applying the rules of conduct of the meetmg.The chair �
This treatise on modern pazliamentary procedure is built on a should be well versed in those rules.For all intents and purposes,the
foundation supported by t6e following four pillars: �'�II'��e final niling on the rules tvery time the chair states an
action.in fact,all decisions by t6e chair are finel unless ovemiled by
- 1. Rules should establish order.The firat purpose of rnles of the body itself. i
pazliamentary procedure ia to establish a framework for the
order}y condud of ineetings. Since the chair runs the conduct of the meeting,it is usual couttesy
. for the chair to play a kss active role in the debatc and discussion
2. Rules should be cleaz Simple rules lead to wider undcrstanding �n other members of the bodq.This doea not mean that the chair j
and partic�pation.Compl�niles create two classes:those should not participace in the debate or discvssion.To the wntrary,as
who understand and participate;and those who do not fully a member of the body,the chair has the fuIl right to participate in the �.
undecstand and do not fully participate, debate,discussion and decision-making of the body.What the chair j
3. Rules should be user friendly.That is,the mles must be simple should dq however,is strive to be the last to speak at the discussion
enough thai the public is imited into the body and feels that it and debate stage.The chair ahould not meke or secoad a motion
has participated in the process. unless the chair is com�inced that no other member of the body wil]
do so at that point in time.
4. Rules should enforce the will of the majority while pmtecting
the tights of the minority.The ultimate purpose of niles of
procedure is to encourage d;scussion and to fac�itate doci6ion The Basic Format for an Agenda Item Discussion
making by the body.In a democrary,majority rules.T6e rales Formal meetings normally have a writtcn,often published agenda. �
must enable the majority to express itself and fashion a result, Informal meetings may have only an oral or understood agenda.In
while permittiieg the minority to also egpress itself,bnt not either case,the meeting is governed by the agenda and the agenda �
- dominate>while fuDy participating in the procesa. constitutes the bod�s agreed-upoa roadmap for the meeting.Fach i
agenda item can be handled by the cha'u in the following basic �
format E
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Firsl,the thair should dearly announce the agenda item number and NiRtk,the chair takes a wte.Simplyaskiag for the�ayes'°and then
shouid clearly state what the agenda item subject is,The chair should asking for the"nays"normally does tlus.ff members af the body do
then announce the format{whith follows)that w�71 be followcd in not wte,tben they"abstain."Unkas the rules of the body provide
cansidering the agenda item. otherwise(or unless a super majority is required as delineated tater
Seconcl,following that agenda�'ormat,the chair shouid�ixivite the ��������a simple majority(as defu►ed in 1aw or the rules
a ro riate n or ns to of the body as deiineated later in these rules determines w�ether the !
PP P P� P� report on the item,induding any )
recommendation that thcy might have.The appropriate person or motion passes or is defeated.
persons may be the chair,a mennber of the body,a staff person,or a Tends,the chair sliould announce the result of the wte and what
wmmittee chair chazgad with providiag input on tiie agenda item. action(if a�)the body has taken.In announcing the result,the chair
7ftird,the chair should ask members of the body if they have any should indicate the names of the membas of the body,if any,who
tedinical qaest�ns of clazifiration.At this point,rnembers of the f voted in the minority on tl�e morion.Thia announcement might take
body mey ask cJarifying qaestions to the person or persons who �►e foIlawmg form:"The motion passes by a vote of 3-2,with Smith '
reported on the item,and that person or persons should be given �d Jones aiasenting.We have passed the motion requiring a IO-day
time to respond. notice far a1I future meetings of this body." �
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Fowrth,the chau should invite public comments,or if appropriate at
a formal meeting,should open the public meeting for public input. Motions itl GenCr3�
If numerous members of the public indicate a desire to speak to Motions are the vehides for decision making by a body.Tt is usua]ly
the subject,the cheir may]imit the time of public speakers.At the ���8�otion before the body prior to commencing
wnclnsion of the public comments,the chair should announce that ���n of an agenda itan.This flelps the bodp focus. �
pnblic input has concludod(or the public hearing,as the cese may be, Motions are made in a simple two-step process.Pirst,the chair i
is dosed). should recognirx the member of the body.Second,the member
of the bod mekes a motion b rece ' �
Ftffh,the chair should invite a motion.The chair should announce Y y p dutg the member's desired �
tb.e name of the member of the bpdy who makes the motion. aPPrO���e�+'ords°I movc..."
Sixth,tl�e cha�r should determi.ne if any membez of the body wishes A t}'Pical motion m�ght be:"I move tbat we give a 10-day notice in !
to�cond the.motion.The chair should announce the name of the �e���'�our meetings." E
member of the body who seconds the motion.It is normally good The chair usuaIIy inidates the motion in one of three ways:
practice for a motion to require a second before proceeding tu
ensure that it is not just one member af the body who is interested i. Inviting the members of the body to make a motion,for
in a particutar approach.Hawever,a second is not an absfllute �'P��"�motion at thrs time would be in order." i
reguirem�t,and the chair can proceed with consideration and vote 2. Suggesting a mation to the miembers of the body,"A mouon
on a motion even when there is no second.This is a matter Ieft to the would be in order that we give a 10-day notice in the future for a21
discreiion of the chair. our meetings.'°
Sevr.rtti�,if the motion is mede and seco f•
nded,the chair should make 3. Making the motion.As noted,the chair has every r;ght as a
suce everyone undeistands the motion, member of the body to make a motion,but should normaIly do �
�is is done in one of three ways: so onty if the ct�air wishes to make a motion on an item but is �
wmiaced that no other member of the body is willing to yKep �
i. The chair can aslc the maker of the motion to repeat it; forward to do so at a particulaz time.
2. The chair can repeat the motion;or
3. The chair can ask the secretary or the derk of the body to repeat �e T�Ce BaSiC Motions
the modon. There are tbree motions that are the m,�y�t common and rec1u�often '
Eig�t.tbe chair should now invite discussioa of the motion by the at meetiags: �
body.If thene is ao desired discussion,or aftrr the discussion has The basic motion.The basic motion is the one that puts forward a E
ended,the chair should announce that the body will vote on the decision for the body's considaatioa.A basic motion might be:°I I
mation.If there has been no discussion or very brief diacussion,then move that we create a five-member committee to plan and put on j
the wte on the morion should proceed immediately and thene is nQ our annual fundraiser," .
need to repeat the motion.ff there has been substanrial discussion,
then it is normally best to make sure everyone understands the
motion by repeating it
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The motion to amend.If a member wanta to change a basic motion FirsE,the chair w�ould deal with the third(the Iast)motion on the !
that is befure the body,they would mov�e to amend it A motion floor,the substitute morion.After discussion and debate,a vote �
to amend might be:"I move that we amend the motion m have a would be taken 5rst on the third motioa.If the substitute motion
10-member committee."A taotion to amend takes the basic motion passed,it would be a substitute for the basic motion and would �
that is before the body and seeks to change it in some way. diminate ik The fust motion wouId be moot,as would the second f
The substitute motion.If a member wants to completely do away ��on(which sought to amend the first motion),and the action on �
with the basic motion that is before the body,and put a new motion �a8��itan would be completed on the passage by the body of
the third motion(the substitute mot'son).No vote would be caken on I
before the body,thry would mave a substitute motion.A subsdtute �e�or second motioas. �
motion might be:°I move a substitute motion that we cancel the
annual fundraisear this year.° Second,if the substitute motioa faikd,the chair would then deal
°Motions to amend"and"substitute motions°are often confused,but ���e second(now the last)motion on the floor,the motion ,
to amend,3'he discussion and debate would focus stric on the
- they are qnite different,and their efbect(if passed)is qui�diffrrent �Y �
A motion to amend seeks to retain the basic motion on the floor,but ����t(should the committce be 5ve or 10 members).If the �
modify it in some way.A substitute motion seeks to throw out the motion to amend passed,the chair would then mov�to consider the.
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basic moTion on the floor,and substitute a new and different motion ��motion(the first motion)as amended.If the motion to amend �
for it.The decision as to whether a motion is reaDy a"motion to fa�7ed,the chair would then move to wnsider the maii�motion(the
amend°or a"substitute motion"is left to the chair.So if a member �t motion)in its original format,not amen4led.
makes what rhat member calls a"motion to amend;but the chair Third,the chair w�ould now deal with the first motion that was placed
determines that it is really a"substitute motion,"then tbe chair's on the Aoor.The origiaal motion would either be in its original �
designation governs. format(frve-member committee),or if amended,would be in its �
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A"friendly amendtncm"is a practicai padiamentary tool that is ��ded format(10-member committee).The questi.on on the floor
simple,informal,saves time and avoids bogging a meeting down for discussion and decision would be whether a wmmittee shoutd
with numerous formal morions.It works in the following way:In the P��and put on the aanua!fundraiser. �
discuasion on a pending motion,it may appear that a change to the
motion is desirable or may win support for the motion from some To Debate or Not to Debate f
members.When that happens,a member who has the floor may The basic rule of motions is that they are subject to discussion and E
simply say,"I want to suggest a friendly amendment to the motion.° debate.Accordingly,basic motions,motions to amend,and substitute �
The member suggests the freendly amendment,and if the maker and motion�are all eligible,each in their tum,for fiill discusaion before
the person who aeconded the motion pending on the Aoor accepts and by the body.The debate can continue as long as members of the
the friendly amendmeat,that now becomes the pending motion on bo�y������,�bject to the decision of the chair that
� the 800r.If either the maker or the person who seconded rejects the it is time to move on and take action.
proposed friendly amendment,then the proposer can formally move �ere are exoeptions to the general rule of free and open debate
to amend.
- on motions.The ex�ceptions all apply whrn there is a desire of the
body to move on.The following motioas are not debatable(that
Multiple Motions Before the Body �,Wb¢��e following motions aze made and seconded,the chair
There can be up to three motions on the floor at the same time. must immediately caU for a vote of the body without debate on the �
The chair can reject a fourth morion until the chair has dealt motion};
with the t6ree that are on the 800r and has resolved them,This Motion to adjourn.This motion,if passrd,requires the body to
rule has practical value.More than three motions on the floor at �mmediately adjourn to its next regtilarlp scheduled meeting,It
any given time is confusing and unwieldy for almost everyone,
including the chair. requires a simple majority vote.
Motion to recess.This motion,if passed,requires the body to �
Wtien there are two or three motions on the Aoor(after motioas and ��ediately take a recess.Narmally,the chair determines the length
seconds)at the same tinae,the wte should proceed frrst on the Jast af the recess which may be a few minuties or an hour.It requires a
motion that is made.For example,assume the fust motion is a basic simple majoritywte.
"motion m have a five-member committee to plan and put on our
a�nal fundraiser."During the discussion of this motion,a memba Motion to f x the time to adjoum.T'his motion,if passed,requires
- might make a second motion to"amend the main motion W have a the body to adjourn the meeting at the specific time set in the
1 Q-member committee,not a five-member committee to plan and modoa.For example,the motion might br."I move we adjoarn this
put on our annual fundraiser:'And perhaps,during that discussion,a meeking at midnight"Ft roquires a simple majority vote.
. member makes yiet a third motion as a"substitute motion that we not
have an annusl fisndraiser this year.'°The proper procedure would M �
as fallorvs:
35
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Motian to 4ble.This m,otion,if passed,requires discussion of the Motion to close nominadons,When choosing o$icers of the
agenda item to be halted and the agenda item to be placed on°hold." body(suth es the chair),aonninahons are in orda either from a �
The motion can contain a specific time in which the item can come nominating committee or from the floor of the body.A motion to �
back to the body."I mow�we table this item unU7 our regular meeting close nominations effectiveIy cuts off the right of the minoritq to
in Ottobe.r."Or the motion can wntain no specific time for the nominate officers and it requires a two-thirds vote to pass.
retura of the item,in which case a motion to take the item off the �
. table and bring it back to the body w�71 have to be taken at a future Motion tu object to ti�e consideration of a queqtion.Normally,such
meeting.A,motion to table an item(or to bring it back to the body) g motion is unnecessery since the objettionable item can be tabled or
requires a simple majority vote. a���S�ig1�t up.However,when members of a body do not even
want an item on the ageada to be wnsidered,then such a motion is
Motian to lunit debate.The most common form of this motion is to in order.It 1s not debatable,and it requim a twa-thirds vote to pass, E
say,"i move the previons question"or"I move the question°or�I cxll Motion to suspend the rules.This motion is debatable,but req�ires �
the question°or sometimes someone simply shouts out"question." a�-���te to pass.If tlte body has its avn niles of order, -
As a prnctical matter,when a member calis out one of these phrases,
the chair can edite matters trea' � » conduct or procedure,this motion allows the body to suspend the
�P by hng it as a request rather ��for a articular
than as a formal motion.Th�chair can simply inquire of the body, � P��°�•��Or�Ple,the body(a private club)
"any further discussion3"If no one wishes to have f¢rther d}scussion, �t have a rule prohibiting the attendance at meedngs by non-club �'
then the chair can go right to the pending motion thit is on the floor.
metnbers.A motion to suspend the rules would be in order to allow �
Howe�r,if even one person wishes to discUSS the pendiag motion a non-club member to attend a meeting of the club on a pazticular
further,then at that point,the chair should treat the call for the dateor on a particu]ar agenda item.
"question°as a facma]motion,and proceed to it.
When a member of the body makes such a motion(°I move the �u��VotES �
previous question"),the m�ber is re s °I've had enough The matter of counting votes atarts simple,but can become �
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debate.Let's get on with the vote."When such a motion is made,the CO�° ��d'
chair should ask for a second,stop debate,and vote on the motion to Usually,it's ptrtty easy to determine whether a particulaz motion
iimit debate.The motion to limit debate requires a two-thirds vote pf passed or whether it was def�ated.If a simple majority vote is needed (
�e bO�'• to pass a motion,thea one wte more than 50 percent of the body is �
- NOTB:A motion to limit debate could indude a time limi�For ���•�Or�ple,in a five-member body,if the vote is three in �
example:"I move we limit debate on this agenda item to 15 minutes.° �'�or and two opposed,the motion passes,If it is two in favor and �
f
Even in this format,the motion to�timit debau requires a two- �oppoaed,the motion is defeated. �
thirds vote of the body.A sim�ar motion is a motion to object ro ff a two-thirds majority vote is needed to paas a motion,then how j_
consrderation of an item.'I'his motion is not debarable,and if passed, mazry aH'umative votes are required?The simple rule of thumb is ta
precludes the body from even considering an item on the agenda.It count the"noA votes and double that wunt to determine how many �
also requires a two-thirds vote. "yes'°wtes are needed to pass a parti�.vlaz motion.For example,in
a seven-member body,if two members vote"no"then the`�es"vote �+
Majority and 5upCr Ma)Ority VOtes of at least four members is required to achieve a two-thirds majority s
vote to pass the motion �
In a democracy,a simple majority vote determines a question A tie
vobe means the motion fa�1s,So in a seven-member body,a vote of �at about tie wtes?In the event of a tie,the motion ahvays fai7s since �
4-3 passes the motion.A vote of 3-3 with one abstention means the �$�ative vote is required to pass any motion.For example,in a
motion fa�s.If one member is absent and the wte is 3-3,the motion five-member �
body,if the vote is two in favor and two opposed,witli
��• one member absent,the motion is defeared.
All motions tequira a simple ma�onty,but there are a few exceptions. Vote wunting starts to become complicated when members
The exctptions come up when the body is taldng au ackion which vote°abstain°or in the case of a written ballot,cast a blank(or
effectively cuts off the ab�ity of a minority of the body to take an unreadable)baIlot Do these votes count,and if so,how does one
action or discuss an item.These extraordinary motions require a aiunt them?The starting point is always to check the statutes. �
two-thirds majozity{a super majority)to pass: �c,���,for arample,for an action of a boazd of supervisoxs to �
Mation to limit debate.Whether a member says,"I move the 1�e valid and binding,the action must i�e approved by a majorityof the
prev;ous quesaon;°or"I move the Question;or"I call t}ie question," �d•���rnie Governmcnt Code Section 25005.)T'ypically,this ' I
or"T move to limit debate;'it at1 amounts to an attempY to cut off the ��s t1�'ee of the frve membeis of the board must vote a$'umativ�ety �
ability pf the minority to discuss an item,and it requires a two-thirds �n favor of the action.A vote of 2-i would not be suffitienE.A wte of
vote to pass.� 3-0 with two abstentions would be sufficient.In general law dties in ; �
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California,as another example,resoludons or orders for the paymem of Now,exactly how does a member cast an"abatention°vote? �
money and aII ordinano�s require a recorde�vote of the tota!members Any time a member votes"abstainA oi says,"I abstain,°that is an �
of the city coundl.(California Government Code Section 36936.)Cities abstention.However,if a member votes"present°that is also treated
with charters may prescribe thear own vote requirements.I,oca]elecLed as an abstention(the manber is essentially ssying,"Count me for
uffiaals are always well-advised to consult with their locai ageary purposes of a quorum,but my vote on the isane is abstain.")In fad,
counsel on how state law may affect the vote cuunt, any manifestation of intention not to vote either�yes"or ano"on
After consulting state statutes,step numbcs two is to cb,eck tha rules �e pendittg motion may be treated by the chair as an abstention.If E
of the body.If the rules of the body say that you connt votes of°those �"'n�ballots aze cast,a blaak or unreadable ballot is counted as an �
present"then you treat abstcntions one way.However,if the nzles of abstention as well. �
the body aay that you count the votes of th�e"present and wting,° Can a m�mber mte"absent'°or"count me as absent?"Interesting
tlien you treat abstentions a different way.Anci if tbe rules of the question.The ruling on this is up to the chair.The better approach is
body are s�7ent on the subjed,thett the general rule of thumb(and for the chair to count this as if the member had left his/her chair and
- default rule)is that you count ail wtes that are"present and voting." is actually°absrnt That,of course,affecta the quoivm.However,the
Accvrdingly,under ti�e ppm,sent and wting"system,yon would NOT ��u�Y�o treat this as a vote to abstain,particularly if the pezson �
. count abstention votes on the motion.Members wha abstain are a�not actuatly Itave the dais. �
counted for purposes of determining quorum(they are"present°)> �
but you treat the abstention votes on the motion as if theydid not The Motion to ReCOnsider �
east{they are not"votin�').On the other i�and,if the rules of the There is a special and unique motion that requires a bit of
body specifitally say that}rou count votes of those"presettt"then you �p]�hon all by itatlfi the motion to reconsider,A tenet of �
DO couttt abstendon votes both in establishing tl�e quorum and on p�li���rpp��������;p{tu rigorous discussion,debate
the motion.Ia this event,the abstention votes act just like ano"votes, and a vute,there mnst be some closure to the issue.And so,after a I
How does this work in practice? vote is taken,the matta is deemed closed,subject only to reopening i
Here are ci few pcampdes. if a proper motion to consider is made and passed. �
Assume that a five-member city counci!is voting on a motion that A motion to reconsider requires a majority vote to pass like other j
reQuires a simple majority vote to pass,and assume further that the �den-variery motions,but there aze two special rules that apply �
body has no specific rule on counting votes.Aaord'engly,the default only to the morion to reconsider. i
rule kicks in and we count all votea of inembers that are"preswY and First,is the matter of tirning,A motion to reconsider must be made �
voting."If the vote on the motion is 3-2,the motion passes.If the at the meeting wbere the item was first voted upon.A motion to
motion is 2-2 with one abstention,the motion fails. '
reconsider made at a later time is untimdy.(The body,however,can
- Assume a five-membu city council voting on a motion that requires always vote to suspend the rules and,by a two-thirds majority,altow �
a two-thirds majority wte to pass,and further assume that the body a motion to reconsider to be made at another time.) 1
has no specific rule on counting votes.Again,the default rule appGes. Second,a motion to reconsider may be made only by certain
- If thc wte is 3-2,the motion fails for lack of a two-thirds majority.ff members of the body.Accordingly,a motion to reconsider may be
the vote is 4-1,the motian passes with a clear two-thirds majority.A made only by a member wbo voted in the majority on the originat
vote of three`�es,"one"no°and one"abstain°also results in passage motion.If such a member has a change of heart,he or she may
of the motion.Qnce again,the abstention is counted only for the make the modon to reconsider(any other member of the bady
purpose of determining quorum,but on the actual vote on the —including a member who voted in the minority on the originat
m�ion,it is as if the abstention wte neva existed—so an effective nnorion—may second the motion).If a member who voted in the
3-1 vote is clearly a two-thirds znajority vote. minority seeks to make the motion w reconsider,it must be ruled !
Now,zhange tIie stenario slighdy.As,�ume the same five-membet out of order.The purpose of this nile is&nality.ff a member af �
d council votin on a motion that minori could make a motion to reconsider,then the item eouEd be �
tY 8 requires a two-thirds majority tY h
vote to pass,but now assume that the body DOES have a speciCic rule bmught back to the bady again and again,which would defeat the
requiring a two-thirds vote of inembers°present:'Under this specific P�'Posc of finality. �
ruie,we must count the members present not oaly for quorum but ��e motion to reconsider passea,then the origival matter ia back
also for the motion.In this scenariq any abstention has the same before the body,and a new original motion is in order.The matter may
forte and effect as if it were a"no"vote.Accordinglp,if the votes were � be discussed and debated as if it were on the Soor for the fiist time.
` thrce"yes,"one"no"aad one"abstaia,"then the motion fails.The �
abatention in this case is treated li7ce a"no"vote and effective wte of
3-2 is not enough to pass two-thirds majority muster.
.
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. .. . . . .. . . .. -..... . . .� � �
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I
CourtCSy attd Detorum • APPeaI.If the chair raakes a ruling that a memba of the body I
The rules of order are meant to create an atmosphere where the ������t����Y$PP��e�g oF the chair.If the
members of the body and the members of the public can attend to �9�n is seconded,and after debate,if it passes by a simple majority
bnsiness efficiently,fairly and with{�ill pazticipation.At the same VOt���e�S of the chair is deemed reversed. �
time,it is up to tfie chair and tbe members of the body t�maintain Call for orders of the day.This is simply another way of saying, �
common courtesy aad decorum.Unless the setting is very informal, "return to the agenda."If a member betieves that the body has drifted �
it is always best for onty one person at a time to have the floor,and from the agreed-upon agenda,such a call may be made.It does not i
it;s always best for every speaker to be first rer.�gnized by the chair require a vote,and when the chair discovers that the agenda has
before proaeding to speak, not beea followed,the chair simply reminds thc body to return to �
The�hair should slways ensure that debate and discussion of an ���i�p�oper1Y before them.If the chair fails to do so,the
agenda it�nt focuses on the item and the poliry in question,not the ��'S aetermination may be appealed.
personalzties of the mombers of the body.Debate on poliry is healthy, �ithdra�y a modon.During debate and discussion of a motion,
debate on personalitics is not.The chair has the right to cut off the maker of the motion on the floor>at any time,may interrupt a
discussion that is too personal,;s too loud,or is too crude. speaka to withdraw his or her motion from the floor.The motion f
Debate and discussion ahould be focused,but free and open.In the ls���Y��med witbdrawn,although the chair may ask the �
interest of rime,the chair may,however,limit the time allotted to p�SOn wb°Seconded the motion if he or she wishes to make the �
speal�ers,including members of the body. motion,and a�other member may make the motion if properly
reco�uzed. �
Can a metnber of the bod�interrupt the speaker?The geaeral rtxle is
ano.'There are,however,exceptions.A speaker may be interrupted s �Notes A�out Public In t
for the following reasons: P pu
Privil e.The ro „ The rules outlined above w�l help make mertings very public- +
e$ p per interruption would be,°point of privilege. ¢���,But in addition,and
The chair would then ask the int�rrupter to"state your point° y ��rly for the chair,it is wise to �
A ro nate oints of nvil e relate to an ��ber three spetial rules that apply to each ageada item:
PP P � P P � �� ything that would i
interfere with the normal wmfnrt of the meeting.For example,the Rule On�Tell the public what the body will be doing. `
room may be too hot or too coid,or a blowiag fan might interfere Ru1e Two:Keep the public informed while the body is doing it. I
with a person's ability to hear. (
Rule Three:When the body has acted,tell the public wfiat the �
�?rder.The proper interruption wauld be,"point of order."Again, �y�
the chair would ask the interrupter to"state your point."Appropriate �
points of order relate to anything that would not be considered i
appropriate conduct of the meeting.For example,if the cbair moved
on to a vote on a motion that pernuts debate without aDawing that
discussion or debate.
'.
i
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1
�
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38
� Attachment B
City of Fridley Reference to Rosenberg's Rules of Order(2014)
For Purposes of Quorum and Voting
QUORUM
The Fridley Charter provides that"three Councilmembers constitute a quorum to do business"
for all purposes other than canvassing an election. Fridlev Citv Charter, § 3.03. *
ORDINANCES
The Fridley City Charter states that"[a]n affirmative vote of at least three (3)members of the
Council is required for the passage of all ordinances, except as otherwise provided in this
Charter." Fridlev Citv Charter, § 3.04.
The Charter requires three affirmative votes to pass an ordinance, no matter what. Since an
- abstention is just another non-affirmative vote, it does not affect the total number of"ayes"
needed to pass an ordinance.
MOTIONS/RESOLUTIONS
The Fridley City Charter states that"[r]esolutions and motions require a majority vote of the
Councilmembers in attendance at the meeting, except as otherwise provided in this Charter."
Fridlev Citv Charter, § 3.04 (emphasis added).
Resolutions and motions generally require a majority of council members to vote "aye." Under
the Charter, abstaining council members are generally considered "in attendance at the meeting,"
so they are ordinarily included in calculating the number of votes needed for a majority. As a
result, under the Charter, abstaining members generally do not affect the number of"aye"votes
needed to pass a resolution or motion. Abstentions due to conflicts of interest create an
exception to this rule, as discussed below
- NOTE: Rosenber�'s Rules have two ways to count votes: "present and voting" vs. "present."
Rosenber�'s default rule is to count those members"present and voting." However,the Charter
. provision about resolutions and motions uses the words "in attendance at the meeting,"which
puts Fridley under the "present" system for counting votes. Again, Rosenberg's Rules say you
follow the City Charter, City Code, or state law if there is a conflict.
OTHER ACTIONS
Section 205.05 of the Fridley City Code requires a four-fifths (4/ Sths)vote to amend the zoning
ordinance (Chapter 205). See Fridley City Code, § 205.05.4. In addition,the council must
unanimously approve an ordinance amending the City Charter, for amendments recommended
by the Charter Committee. Minn. Stat. § 410.12, subd. 7 (city council vote on proposed charter
amendment ordinance recommended by charter committee "is enacted if it receives an
affirmative vote of all members of the city council").
V
39
Attachment B
CONFLICTS OF IN'I'EREST
Often,people use the term "abstention"when council members do not to vote because of a
conflict of interest. This usage is perfectly appropriate. In fact,the State Auditor uses the term
"abstention"to describe this situation. See Minn. State Auditor, Statement of Position: Meetin�
Minutes (Jul. 2012), at 2 (available at
http://www.auditor.state.mn.us/other/Statements/meetingMinutes 0710 statement.pd� (advising
that cities should record "abstentions from voting due to a conflict and the member's name and
reason for abstention").
However, Minnesota law treats the situation where a member"abstains"because he or she has a
conflict of interest and is prohibited from voting differently than an ordinary abstention. If a
council member is prohibited from voting due to a conflict of interest,then it is as though the
member's seat is temporarily vacant for purposes of that vote. See Minn. Att'y Gen. Op. 396g_
16 (Oct. 15, 1957). -
For ordinances in Fridley,this makes no difference. An ordinance requires 3 "ayes," no matter
what. Fridle�v Charter, § 3.04.
However, this situation could impact the number of votes needed to pass a resolution or motion.
Again, the Charter requires a majority of those "in attendance"to vote for a resolution or motion,
in order for it to pass. Fridlev City Charter, § 3.04. A member who is disqualified due to a
conflict of interest(and abstains)would not be considered to be "in attendance," for purposes of
that vote only.
Some examples may make this rule clearer.
1. All 5 members attend, and 1 has a conflict of interest. The vote on the resolution is 3
"ayes," 1 "no," and 1 abstention (due to the conflict). The resolution passes, because a
majority (3 out of 4) voted for it. Again, the seat of the member with a conflict is '
temporarily considered to be vacant, which means he or she is not considered "in
attendance." As a result, that member is not included in calculating the number votes .
needed for a majority.
2. 4 members attend, and none have a conflict of interest. The vote on the resolution is 2
"ayes" and 2 "nos." The resolution fails because it does not have a majority (3 out of 4
would be needed).
3. 4 members attend, and 1 has a conflict of interest. The vote on the resolution is 2 "ayes,"
1 "no," and 1 abstention (due to the conflict). The resolution passes, because a majority
(2 out of 3) voted for it. Again, the member is not included in calculating the number of
votes needed for a majority, because his or her seat is considered temporarily "vacant"
for purposes of that vote.
40
4. 4 members attend, and 1 has a conflict of interest. The vote on the resolution is 2 "ayes"
and 2 abstentions (1 abstention due to a conflict of interest and 1 ordinary abstention).
The resolution ap sses, because a majority of those "in attendance" (2 out 3) voted for it.
Again, under the Fridlev Citv Charter, an abstention ordinarily has the same effect as a
"no" vote. Only the member who abstains due to a conflict is not counted in figuring out
how many votes are needed for a majority. The important issue here is the reason for the
abstention,not just label of abstention.
5. 4 members attend, and 2 have a conflict of interest. The vote on the resolution is 2
"ayes"and 2 abstentions (both due to a conflict of interest). The resolution does not pass,
because there is not a quorum of the council for purposes of that vote (again, the Citv
Charter requires 3 members for a quorum).
.
* Section 3.03 of the City Charter suggests a different yuorum number exists for
canvassing an election, however, it does not appear that this is the case.
41
: AGENDA ITEM
�oF CITY COUNCIL MEETING OF FEBRUARY 10, 2014
��a�
TO: Walter T. Wysopal, City Manager PW14-014
FROM: James P. Kosluchar, Public Works Director
DATE: February 6, 2013
SUBJECT: Approval of Lease for Water Tower#2 with Verizon �
Verizon Wireless has been working with City of Fridley staffforthe past couple ofyears in regard to
a possible lease for telecommunications equipment on the City of Fridley's Water Tower#2 on
Highway 65. The site is allowed for this use by the City's Telecommunications Ordinance (City
Code Section 205.30). Attached is a proposed lease reviewed by City of Fridley staff presented for
City Council approval.
The lease would allow for the construction of a communications shelter, provide space for finrelve
(12) proposed antennas on the Highway 65 Tower #2, and space for eighteen (18) coax lines
running from the shelter to the antennas.
Our standard lease rates are geared toward a minimum charge accommodating 9 antennas and
small communications shelters. We have prorated this charge for 12 antennas/dishes and the _
substantial communications shelter. The lease rate would start at$35,226 per year. Rates will be
increased by 3°/a annually during the term of the lease. The initial term of the lease is five years,
and can be extended by Verizon Wireless for four additional five-year terms, provided there is no
default in the terms of the lease.
There are four other carriers on the site, and Verizon Wireless is responsible to prevent any
interference with these carriers and City communication facilities. Verizon is proposing to install
equipment near the top of the tower base, as shown in Exhibit D of the agreement. The
equipment should have very low visibility in this location.
Staff recommends that the City Council move to adopt the attached resolution aaarovinp a
lease aqreement between the Citv of Fridlev and Verizon Wireless for cellular communications
equipment and facilities at Hiqhway 65 Tower 2. If approved,staff will advise Verizon's agents
that a formal building permit submittal can commence for the associated improvements.
JPK:jpk
Attachment
42
.
ANTENNA SITE LEASE AGREEMENT
BETWEEN
THE CITY OF FRIDLEY, MINNESOTA
AND
VERIZON WIRELESS (VAW) LLC
- DB/A VERIZON WIRELESS
.
.
43
ANTENNA SITE LEASE AGREEMENT
THIS ANTENNA SITE LEASE AGREEMENT ("Lease") is made and entered into as of
the day of , 2014, by and between the City of Fridley, a
Minnesota municipal corporation, with a mailing address of 6431 University Avenue N.E.,
Fridley, MN 55432 ("Landlord"), and Verizon Wireless (VAW) LLC d/b/a Verizon Wireless,
with its principal office located at One Verizon Way, Mail Stop 4AW 100, Basking Ridge, New
Jersey 07920(telephone number 866-862-4404) ("Tenant").
AGREEMENTS
1. PREMISES
Landlord owns certain property legally described on Exhibit "A" ("Property"). Landlord
leases to Tenant, and Tenant leases from Landlord, the portion of the Property located in the City
of Fridley, County of Anoka, State of Minnesota, and legally described on Exhibit "B" for the
construction of a communications shelter, along with space for twelve (12) antennas on
Landlord's water tower at the one hundred foot (100'-0") centerline above ground level and
space for eighteen (18) coax lines running from Tenant's equipment to the antennas all further
described in Section 2 (collectively, the "Premises"). Landlord also grants Tenant the Access
Route and Utility Route described in Section 5 of this Lease on, over, under and upon the
Property or adjacent land of Landlord.
2. USE
The Premises will be used for the purpose of installing, constructing, maintaining,
repairing, operating, altering, inspecting, expanding, adding to and removing Tenant's
communications equipment, including, but not limited to the following:
2.1 Up to twelve (12) antenna(s), dish(es) and/or grids as Tenant may deem _
appropriate.
2.2 Up to eighteen(18)transmission lines and mounting and grounding hardware. -
2.3 A concrete pad and a communications shelter ("Communication Shelter")
containing, without limitation, telecommunications equipment consisting of base station(s),
wireless communication equipment, switch(es),power supply(ies), battery(ies), and accessories.
2.4 An emergency generator to be located, at Tenant's option, within the
Communication Shelter, adjacent to the Communications Shelter or within a separate shelter
adjacent to the Communications Shelter. The fuel tank for the generator (gasoline, diesel,
butane, propane, LPG or other) may be located either inside or outside the shelter(s), in
accordance with applicable building codes.
For the purpose of this Lease, all of Tenant's equipment, antennas, dishes, lines, '
switches, power supplies, batteries, Communications Shelter, generator, generator shelter,
44
,
accessories, and the necessary appurtenances will be referred to herein collectively as the
"Communications Facility".
The elevation and plans for the Communications Shelter, generator, and lines and
antennas that may be installed by Tenant or by any of Tenant's agents or contractors are
illustrated in Exhibit D, attached hereto. Subject to the above limits on the number of antennas ,
and coax, Tenant has the right to make alterations to the Communications Facility from time to
time as Tenant determines to be necessary or desirable upon notice and subject to approval to ,
Landlord, which approval shall not be unreasonably withheld. The installation of any addition to
the Communications Facility, or other equipment or property owned by Tenant that is intended ,
to be located on the Premises, shall not occur without the prior notice to and approval of the '
Landlord, which shall not be unreasonably withheld, conditioned or delayed without reasonable '
cause stated to the Tenant in writing. Before commencing any construction or subsequent
alterations to the exterior or size of its Communications Shelter or the Premises or installing
- additional equipment, including but not limited to antennas and dishes, Tenant shall submit plans
and specifications to the Landlord for the Landlord's written approval. In the event the Landlord
, does not either (i) object to the plans in writing or (ii) furnish the Tenant with written approval,
within sixty (60) days of the date of submission of the plans, Landlord will be deemed to have
approved them. Additionally, in the event that Tenant's additions or modifications include an
increase the size of the Premises or installing additional antennas or dishes or other
telecommunications equipment, the parties shall negotiate the amount of additional rent for any
such increase in the size of the Premises or for the installation of additional antennas or dishes on
any water tower. Tenant may not occupy or utilize any property outside of the Premises or
Access and Utility Routes until the additional rent has been mutually determined by the parties.
Said additional rent shall be paid on the same terms as provided herein and Section 4 of the
Lease.
3. TERM
3.1. Primarv Term.
� This Lease shall be effective as of the date of execution by both Parties, provided,
however, the primary term ("Primary Term") shall be for five (5) years and shall commence on
the Commencement Date (as hereinafter defined) at which time rental payments shall commence
and be due at a total annual rental of$35,226.00 to be paid in equal monthly installments for
installation of up to twelve (12) antennas on the water tower on the first day of the month, in
advance, to Landlord or to such other person, firm or place as Landlord may, from time to time,
designate in writing at least thirty (30) days in advance of any rental payment date by notice
given in accordance with Paragraph 8 below. The Primary Term shall commence based upon the
date Tenant commences installation of the equipment on the Premises, or on the first day of
June 2014, whichever occurs first. In the event the date of commencing installation of equipment
is determinative and such date falls between the 1 St and 15�'of the month, the Primary Term shall
commence on the 1 St of that month and if such date falls between the 16�` and 31 St of the month,
, then the Primary Term shall commence on the 1 St day of the following month (either of the
foregoing or June l, 2014, if applicable, being the "Commencement Date"). Landlord and
.
45
Tenant agree that they shall acknowledge in writing the Commencement Date in the event the
Commencement Date is based upon the date Tenant commences installation of the equipment on
the Premises. In the event the Commencement Date is the fixed date set forth above, there shall
be no written acknowledgement required. Landlord and Tenant acknowledge and agree that
initial rental payment(s) shall not actually be sent by Tenant until thirty (30) days after the
Commencement Date or after a written acknowledgement confirming the Commencement Date,
if such an acknowledgement is required. By way of illustration of the preceding sentence, if the
Commencement Date is January 1 and no written acknowledgement confirming the
Commencement Date is required, Tenant shall send to the Landlord the rental payments for
January 1 and February 1 by February 1, and if the Commencement Date is January 1 and a
required written acknowledgement confirming the Commencement Date is dated January 14,
Tenant shall send to the Landlord the rental payments for January 1 and February 1 by February
13.
3.2. Extended Term. _
Tenant is granted the option to extend the Primary Term of this Lease for four (4)
additional periods of five (5) years each ("Extended Term"), provided Tenant is not then in
default under this Lease after any applicable cure periods. Each of Tenant's options to extend
will be deemed automatically exercised without any action by either party unless Tenant gives
written notice of its decision not to exercise any option(s) to Landlord before expiration of the
then current term.
4. ANNUAL RENT INCREASE
Tenant agrees to pay rent to Landlord monthly in advance beginning on the
Commencement Date as described in Paragraph 3.1 above, which base amount will be increased
annually on the anniversary of the Commencement Date by an amount equal to three percent
(3%) throughout the Primary Term and any Extended Term(s). Rent will be paid to Landlord at
its address designated in Section 8.
5. ACCESS AND UTILITIES
Subject to prior review and approval by Landlord of drafted plans or designs for access
shown on Exhibit C, attached hereto, over any such lands, rights-of-way or easements, which
approval shall not be unreasonably delayed, conditioned or withheld, Landlord grants to Tenant,
for use by Tenant, its employees, agents contractors and by utility companies, a right and license
over, under, upon and across the Property and adjoining lands of Landlord, and rights-of-way or
easements owned or leased by Landlord, on a twenty-four (24) hour daily basis, for (i) ingress
and egress to and from the Premises and the Communications Facility (the "Access Route"), and
(ii) the installation, operation and maintenance of necessary utilities, including natural gas lines,
for the Premises and the Communications Facility (the "Utility Route"). If reasonable in
Tenant's opinion, such Access Route and Utility Route will be over and lie within existing roads,
parking lots and/or roads hereafter established by Tenant. Tenant may improve the Access
Route by grading, graveling and/or paving. The Access Route and Utility Route, to the extent
further identified, is more particularly described on Exhibit C. Tenant will notify Landlord of any
46
change in the particular location of any Access Route or Utility Route, if such differs from the
descriptions shown on Exhibit C hereto, and obtain Landlord's consent for such change to ensure
no conflict exists with the different Access Route or Utility Route. Landlord's consent will not
be unreasonably withheld, delayed or conditioned.
Ingress and egress to the Property, Premises and Communications Facility is provided pursuant
to the Temporary Driveway and Parking Lot Easement, recorded on July 3, 2013 with the Anoka
County Recorder as Document No. 2063049.001 and the Amendment to Temporary Driveway
and Parking Lot Easement, recorded on January 17, 2014 with the Anoka County Recorder as
Document No. 2076419.003. Notwithstanding any other provision in this Lease, Tenant
understands and agrees that Tenant may not install or construct any utilities within the Access
Route identified and described in Document Nos. 2063049.001 and 2076419.003.
6. UTILITIES
Tenant will be solely responsible for and promptly pay all charges for gas, electricity,
� telephone service, or any other utility used or consumed by Tenant on the Premises. If
necessary, Tenant will have a meter installed at the Property for Tenant's utility use, and the cost
of such meter and of installation, maintenance, and repair thereof will be paid for by Tenant. At
its own sole expense, Tenant may install or improve existing utilities servicing the
Communications Facility and may install an electrical grounding system or improve any existing
electrical grounding system to provide the greatest possible protection from lightning damage to
the Communications Facility.
7. HOLDING OVER
If Tenant holds possession of the Premises or any portion thereof after the date upon
which the Premises are to be surrendered, Tenant will become a tenant on a month-to-month
basis upon all the terms, covenants, and conditions of this Lease except those pertaining to the
Lease term and, during any such month-to-month tenancy, Tenant will pay monthly rent as per
' Section 4. Tenant will continue occupying the Premises from month-to-month until terminated
by Landlord or Tenant by the giving of thirty(30) days' prior written notice to the other.
.
8. NOTICE
All notices or demands are deemed to have been given or made when delivered in person
or mailed by certified, registered, or express mail, return receipt requested, postage prepaid,
United States mail, or by commercial courier, provided the courier's regular business is delivery
service and provided further that it guarantees delivery to the addressee by the end of the next
business day following the courier's receipt from the sender, and addressed to the applicable
party as follows:
Landlord: City of Fridley
6431 University Avenue N.E.
. Fridley, MN 55432
Attention: City Manager
47
Phone#: 763-572-3506
Faa�#: 763-571-1287
Tenant: Verizon Wireless(VAW) LLC
d/b/a Verizon Wireless
180 Washington Valley Road
Bedminster,New Jersey 07921
Attention: Network Real Estate
A party may change its address to which any notice or demand may be given by written
notice thereof to the other party.
9. LIABILITY AND INDEMNITY
Tenant agrees to indemnify and save the Landlord harmless from all claims (including �
costs and expenses of defending against such claims) of liability or loss from personal injury or
property damage resulting from or arising out of any negligent act, negligent omission or
intentional tort of Tenant or Tenant's agents, employees, contractors, invitees or licensees
occurring during the term of this Lease in or about the Premises. Subject to the tort liability
limits stated in and restricted by the tort liability limits stated in Minnesota Statutes Chapter 466,
Landlord agrees to indemnify and save Tenant harmless from all claims (including costs or
expenses of defending against such claims) of liability or loss from personal injury or property
damage resulting from or arising out of any negligent act, negligent omission or intentional tort
of Landlord or Landlord's agents, employees, contractors, invitees, or licensees occurring during
the term of this Lease in or about the Premises. The provisions of this Section 9 will survive the
termination of this Lease.
10. TERMINATION
10.L In addition to the right to terminate granted in Sections 11 and 23 of this Lease,
Tenant has the right to terminate this Lease at any time upon any of the following events: '
10.1.1. Upon providing Landlord ninety(90)days prior written notice; or _
10.1.2. If the approval of any agency, board, court, or other governmental
authority necessary for the construction and/or operation of the Communications Facility
cannot be obtained, or is revoked, or if Tenant determines the cost of obtaining such
approval is prohibitive; or
10.1.3. If Tenant determines that the Premises are not appropriate for locating the
Communications Facility for technological reasons, including, but not limited to, signal
interference.
10.2. Tenant will give Landlord thirty (30) days written notice of termination of this
Lease under the terms of Section 10.1.2. and 10.1.3. above. Upon termination, neither party will .
owe any further obligations under this Lease except for the indemnities and hold harmless
48
provisions in this Lease, the provisions of Section 20 of this Lease, the prompt reimbursement of
pro-rata prepaid rent, payrnent of any outstanding unpaid rent, the provisions of Section 10 of
this Lease and Tenant's responsibility for removing, within ninety (90) days of termination or
expiration, all of the Communications Facility from the Premises and restoring the Premises to
its condition prior to its possession of the Premises, as near as practicable. During such ninety
(90) day removal period, if Tenant continues to occupy the Premises, Tenant shall pay rent at the
then existing monthly rate until such time as the removal of the Communications Facility is
completed. Prior to construction, Tenant shall provide a performance bond in the form attached
as Exhibit E in the amount of Twenty-five Thousand and 00/100 Dollars ($25,000.00) as
security to guarantee the removal of Tenant's improvements and restoration of the Premises as
required in this agreement. Cancellation or termination of the bond and Tenant's failure to
provide a replacement bond or security in the event of cancellation or termination of the bond for
its removal and restoration obligations hereunder shall constitute a default, which is governed by
Section 11.
10.3. Landlord has the right to terminate this Lease pursuant to Sections 11 and 23.
� 10.4. Upon termination, neither party will owe any further obligations under this Lease
except for the indemnities and hold harmless provisions in this Lease, the provisions of Section I
20 of this Lease, the prompt reimbursement of pro-rata prepaid rent, payment of any outstanding
unpaid rent, the provisions of Section 10 of this Lease and Tenant's responsibility for removing,
within ninety(90) days of termination or expiration, all of the Communications Facility from the
Premises and restoring the Premises to its condition prior to its possession of the Premises, as
near as practicable. During such ninety (90) day removal period, if Tenant continues to occupy
the Premises, Tenant shall pay rent at the then existing monthly rate until such time as the
removal of the Communications Facility is completed.
11. DEFAULT
If Tenant fails to comply with any material provision of this Lease, including, without
- limitation, failure to maintain the Premises and the Communications Facility in a manner
consistent with laws directly related to public health and safety or causing or permitting a
. nuisance on the Premises or failing to comply with applicable ordinances or state or federal law
or any conditions attached to governmental approvals, and such failure is not cured within thirty
(30) days after receipt of written notice thereof from Landlord, Landlord may, at its option,
terminate this Lease without affecting its right to sue for all past due rentals and any other
damages to which Landlord may be entitled. By agreeing to the foregoing, Tenant is not waiving
any rights that it may have to challenge the enforceability of any law or allegation of nuisance in
a court of competent jurisdiction, including,but not limited to, any law related to radio frequency
interference or emissions. If any such default cannot reasonably be cured within thirty(30) days,
Tenant will not be deemed to be in default under this Lease if Tenant commences curing such
default within the thirty (30) day period and thereafter diligently pursues such cure to
completion. If Landlord is entitled to collect damages or otherwise remedy such default, and if
Landlord seeks enforcement of its rights through an attorney or other legal procedures, Landlord
, is entitled to collect, in addition to any other amounts owed, its reasonable costs and attorneys'
fees thereby incurred; provided, however, that in no event will either party be liable to the other
49
party for punitive, indirect, incidental, special or consequential damages suffered by the other
party, including, without limitation, loss of profits, income or business opportunities.
If Landlord fails to comply with any material provision of this Lease, which includes but
is not limited to compliance with Paragraph Z8 herein, and such faiIure is not cured within thirty
(30) days after receipt of written notice thereof from Tenant, Tenant may, at its option, cure the
failure at Landlord's expense(which expense may, at Tenant's option, be deducted from rent) or
terminate this Lease without affecting its right to demand, sue for, and collect all of its damages
arising out of Landlord's failure to comply. If any such default cannot reasonably be cured
within thirty(30) days, Landlord will not be deemed to be in default under this Lease if Landlord
commences curing such default within the thirty(30)day period and thereafter diligently pursues
such cure to completion. If Tenant is entitled to collect damages or otherwise remedy said
default, and if Tenant seeks enforcement of its rights through an attorney or other legal
procedures, Tenant is entitled to collect, in addition to any other amounts owed, its reasonable
costs and attorneys' fees thereby incurred; provided, however, that in no event will either party -
be liable to the other party for punitive, indirect, incidental, special or consequential damages
suffered by the other party, including, without limitation, loss of profits, income or business
opportunities. �
The rights and remedies stated in this Lease are not exclusive and the parties, in the event
of a breach of this Lease or a dispute, are entitled to pursue any of the remedies provided in this
Lease, by law, or by equity.
No course of dealing between the parties or any delay on the part of a party to exercise
any right it may have under this Lease will operate as a waiver of any of the rights provided
hereunder or by law or equity, nor will any waiver of any prior default operate as the waiver of
any subsequent default, and no express waiver will affect any term or condition other than the
one specified in such waiver and the express waiver will apply only for the time and manner
specifically stated.
Except for third-party indemnification claims pursuant to paragraphs 9 and 20, in no "
event will either party be liable to the other party for punitive, indirect, incidental, special or
consequential damages suffered by the other party, including, without limitation, loss of profits,
income or business opportunities.
12. TAXES
Unless separately billed to Tenant by a taxing authority, Tenant will pay annually to
Landlord an amount equal to any increase in real estate taxes attributable to any improvement to
the Premises made by Tenant. Tenant will pay to Landlord Tenant's share of any such tax within
sixty (60) days of receipt of sufficient documentation indicating calculation of Tenant's share
and payment of the real estate taxes by Landlord. Notwithstanding the foregoing, Tenant shall
not have the obligation to pay any tax, assessment, or charge that Tenant is disputing in good
faith in appropriate proceedings prior to a fmal determination that such tax is properly assessed
provided that no lien attaches to the Property. Tenant shall have the right, at its sole option and
at its sole cost and expense, to appeal, challenge or seek modification of any tax assessment or
50
billing for which Tenant is wholly or partly responsible for payrnent. Landlord shall reasonably
cooperate with Tenant at Tenant's expense in filing, prosecuting and perfecting any appeal or
challenge to taxes as set forth in the preceding sentence, including but not limited to, executing
any consent, appeal or other similar document. In the event that as a result of any appeal or
challenge by Tenant, there is a reduction, credit or repayment received by the Landlord for any
taxes previously paid by Tenant, Landlord agrees to promptly reimburse to Tenant the amount of
said reduction, credit or repayment. Landlord must pay annually when due all real estate taxes
and assessments attributable to the Premises, the Access Route, the Utility Route, and the tax
lot(s) of which they are a part. Upon written request by Tenant, Landlord will furnish evidence
of payment of such assessments and taxes.
13. INSURANCE
13.1. Required Insurance of Tenant.
13.1.1. Workers' Comnensation. The Tenant must maintain Workers'
� Compensation insurance in compliance with and as required by all applicable statutes.
13.1.2 General Liabilitv. The Tenant must maintain an occurrence form
commercial general liability coverage. Such coverage shall include, but not be limited to,bodily
injury, Property damage, and personal injury, for the hazards of Premises/Operation, broad form
contractual, independent contractors, and products/completed operations.
The Tenant must maintain aforementioned commercial general liability coverage with limits of
liability not less than $1,000,000 each occurrence; $1,000,000 personal and advertising injury;
$5,000,000 general aggregate, and $5,000,000 products and completed operations aggregate.
These limits may be satisfied by the commercial general liability coverage or in combination
with an umbrella or excess liability policy, provided coverage afforded by the umbrella or excess
policy are no less than the underlying commercial general liability coverages.
' 13.1.3. Automobile Liabilitv. The Tenant must carry Automobile Liability
coverage. Coverage shall afford total liability limits for Bodily Injury Liability and Property
. Damage Liability in the amount of$1,000,000 per accident. The liability limits may be afforded
under the Commercial Policy, or in combination with an Umbrella or Excess Liability Policy
provided coverages afforded by the Umbrella Excess Policy are no less than the underlying
Commercial Auto Liability coverage.
Coverage shall be provided for Bodily Injury and Property Damage for the ownership, use,
maintenance or operation of all owned, non-owned and hired automobiles.
The Commercial Automobile Policy shall include at least statutory personal injury protection,
uninsured motorists and underinsured motorists' coverages.
13.1.4 Tenant Pronertv Insurance. The Tenant must keep in force for the
. duration of the Lease a policy covering damages to its property at the Premises. The amount of
51
coverage shall be sufficient to replace the damaged property, shall cover loss of use, and shall
comply with any ordinance or law requirements.
13.1.5 Hazardous Materials Covera�e. Tenant must carry sufficient coverage,
to the reasonable satisfaction of Landlord, for damage caused by Hazardous Materials.
13.1.6 Additional Insured—Certificate of Insurance. The Tenant shall provide,
prior to tenancy, evidence of the required insurance in the form of a Certificate of Insurance
issued by a company(rated A- or better), licensed to do business in the state of Minnesota, which
includes all coverage required in Section 13. A Certificate of Insurance shall also be provided
within thirty (30) days of any renewal of the policy. Tenant will list the Landlord as an
Additional Insured on the General Liability and Commercial Automobile Liability Policies.
Coverage may not be canceled without ten (10) days prior written notice to the Landlord. The
insurance required by this Section 13 shall not be materially changed. In the event that Tenant is
self-insured, Tenant shall provide Landlord with a certificate showing compliance with the �
foregoing policy limits.
13.2 Waiver of Claims. Each party assumes all risk of loss of or damage to its �
property or improvements within the Property, which is not caused by the negligence or willful
misconduct of the other, its employees or agents including any loss or damage caused by water
leakage, fire, windstorm, explosion, theft, act of God, act of any other tenant, person or thing, or
any other cause.
14. (RESERVED/INTENTIONALLY LEFT BLANK)
15. FIXTURES
Landlord covenants and agrees that no part of the improvements installed, constructed,
erected or placed by Tenant on the Premises or other real property owned by Landlord will be or
become, or be considered as being, affixed to or a part of Landlord's real property; and any and
all such provisions and principles of law to the contrary notwithstanding, it is the specific
intention of Landlord to covenant and agree hereby that all personal property and improvements
of every kind and nature installed, constructed, erected, or placed by Tenant on the Premises, or
other real property owned or leased by Landlord, will be and remain the property of Tenant
despite any default or termination of this Lease and may be removed by Tenant any time in
Tenant's discretion provided that Tenant at its expense restores the Premises pursuant to Section
10.
16. MEMORANDUM OF AGREEMENT
After preparation of the legal descriptions of the Premises and Access Route, each party,
at the request of the other, will sign a Memorandum of Lease and Routes. Tenant, at its sole
expense, may record the Memorandum of Lease and Routes in the land records of the recording
office(s)responsible for notice purposes. .
52
17. ASSIGNMENT AND SUBLETTING BY TENANT
This Lease may be sold, assigned or transferred by the Tenant without any approval or
consent of the Landlord to the Tenant's principal, affiliates, subsidiaries of its principal or to any
entity which acquires all or substantially all of Tenant's assets in the market defined by the
Federal Communications Commission in which the Property is located by reason of a merger,
acquisition or other business reorganization. As to other parties, this Agreement may not be
sold, assigned or transferred without the written consent of the Landlord, which such consent
will not be unreasonably withheld, delayed or conditioned. If Tenant sublets to another tenant
having a lease with Landlord for a communications facility ("Other Tenant"), and if Other
Tenant reduces the amount of equipment and their existing lease amount or requests termination
of the its lease, Tenant shall pay the difference in the existing rate of Other Tenant's lease to
Landlord for the duration of Other Tenant's lease in force at the time of the reduction or
termination.
� 18. PERMITS
Landlord acknowledges that Tenant will be contacting the appropriate local governmental
agencies for the purposes of obtaining all building permits and approvals, zoning changes and/or
approvals, variances, use permits, and other governmental permits and approvals (collectively,
"Permits") necessary for the installation, construction, operation and maintenance of the
Communications Facility. Landlord agrees to fully cooperate with tenant in obtaining the
Permits and, without limiting the generality of the foregoing, to execute any applications, maps,
certificates or other documents that may be required in connection with the Permits.
19. DEBT SECURITY
Tenant may, without Landlord's consent, pledge, mortgage, convey by deed of trust or
' security deed, assign, create a security interest in, or otherwise execute and deliver any and all
instruments for the purpose of securing bona fide indebtedness any or all of Tenant's interest in
. this Lease, or any part thereof, and any and all of Tenant's right, title, and interest in and to any
and all of the Communications Facility. Promptly on Tenant's or Tenant's lender's request,
Landlord shall execute and deliver, and shall assist in facilitating the execution and delivery of,
all documents requested by any of Tenant's lenders including but not limited to waivers of
Landlord's right to levy or distrain upon for rent any of Tenant's property given as security for a
debt, consents that none of the Communications Facility shall become fixtures, consents to
giving notice to Tenant's lender(s) in the event of Tenant's default under the provisions of this
Lease, consents to Tenant's assignment to any lender(s) of any and all of Tenant's interest in or
to this Lease and the Communications Facility and nondisturbance ageements from Landlord
and Landlord's lenders. Tenant shall reimburse Landlord for any reasonable costs incurred in
the execution and delivery of any documents, as well as any other expenses resulting from an
obligation incurred as the result of this Section.
,
53
20. ENVIRONMENTAL MATTERS
Landlord represents that, to the best of its knowledge, the Premises, Access Route and
Utility Route and any existing improvements thereon, are free of hazardous substances, toxic
substances and/or contamination (collectively, "Hazardous Substances"). Each party agrees that
it will not introduce or use any Hazardous Substances on the Property in violation of any
applicable law.
Subject to the tort liability limits stated in and restricted by the tort liability limits stated
in Minnesota Statutes Chapter 466, Landlord will indemnify, protect, defend and hold harmless
Tenant from and against all claims, suits, actions, causes of action, assessments, losses,penalties,
costs, damages and expenses, including, without limitation, attorneys' fees, sustained or incurred
by Tenant pursuant to any federal, state or local laws, implementing regulations, common law or
otherwise dealing with matters relating to Hazardous Substances released by the Landlord in,
upon or beneath the Property,Premises, Access Route or Utility Route. �
Tenant will indemnify, protect, defend and hold harmless Landlord from and against all
claims, suits, actions, causes of action, assessments, losses, penalties, costs, damages and
expenses, including, without limitation attorneys' fees, sustained or incurred by Landlord
pursuant to any federal, state or local laws, implementing regulations, common law or otherwise
dealing with matters relating to Hazardous Substances released by the Tenant in,upon or beneath
the Property, Premises, Access Route or Utility Route. The provisions of this Section 20 will
survive the termination of this Lease.
21. FENCES
During the Primary Term and each Extended Term, Tenant may fence in that portion of
the Premises as Tenant determines is reasonable for the proper and efficient operation and
protection of the Communications Facility, upon review and approval by Landlord of plans and
issuance of a permit for such fence, which approval will not be unreasonably withheld,
conditioned or delayed.
22. TITLE
Landlord represents and warrants to Tenant that Landlord has good and marketable title
to the Premises, Access Route and Utility Route, free and clear of all liens and encumbrances
equal to that conveyed to Tenant by this Lease. Landlord shall warrant and defend the same to
Tenant against the claims and demands of all persons and entities.
23. CONDEMNATION OF PREMISES
In the event the whole of the Premises is taken by eminent domain, this Lease shall
terminate as of the date title to the Leased Premises vests in the condemning authority. In the _
event a portion of the Premises is taken by eminent domain, either party shall have the right to
54
terminate this Lease as of said date of title transfer, by giving thirty (30) days written notice to
the other party. In the event of any taking under the power of eminent domain, Tenant shall not
be entitled to any portion of the award paid for the taking and the Landlord shall receive the full
amount of such award. Tenant hereby expressly waives any right or claim to any portion thereof.
Although all damages, whether awarded as compensation for diminution in value of the
leasehold or to the fee of the Premises, shall belong to Landlord, pursuant to Minn. Stat. §
117.186, Tenant shall have the right to claim and recover from the condemning authority,but not
from Landlord, such compensation as may be separately awarded to or recoverable by Tenant for
loss of going concern because its business or trade is destroyed within the meaning of Minn. Stat.
§117.186, as well as any compensable relocation costs or expenses Tenant is entitled to pursuant
to Minn. Stat. § 117.52 and the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970, United States Code, title 42, sections 4601 to 4655, as amended by the
Surface Transportation and Uniform Relocation Assistance Act of 1987, Statutes at Large,
volume 101,pages 246 to 256(1987).
24. QUIET ENJOYMENT
� Landlord covenants that Tenant, upon paying the rent and observing the other covenants
and conditions herein upon its part to be observed, will peaceably and quietly hold and enjoy the
right to use the Premises, Access Route and Utility Route on the terms and conditions and for the
purposes stated herein during the term of this Lease, as it may be extended.
25. CONTINGENCIES I
Not anything contained herein to the contrary, and in addition to and not in limitation of
Tenant's other rights hereunder, it is expressly agreed that Tenant's obligations under this Lease
are conditioned upon:
25.2. Tenant's satisfaction, in its sole and absolute discretion, with the feasibility of
engineering, installing, constructing and operating the Communication's Facility: Tenant's
' receipt of all necessary or appropriate building and construction permits and all licenses, permits,
approvals and consents from all applicable governmental authorities necessary or appropriate for
, Tenant to use and operate the Communication's Facility on the Premises.
Tenant is hereby given the right to radio coverage test, and to conduct any other
investigations needed to determine if the surface and location of the Premises are suitable for
Tenant's use intended by this Lease.
26. INTERFERENCE
Landlord will not permit or suffer the installation, existence and maintenance of any other
improvement(including, without limitation,transmission or reception devices)upon the Property
if such improvement interferes with transmission or reception by Lessee's Communications
Facility in any manner whatsoever, except the re-installation, existence and maintenance by the
, Landlord of existing facilities or equipment associated with the maintenance and operation of
municipal utilities or other municipal services at the site. Tenant agrees to not prevent, obstruct
55
or hinder the re-installation, use, existence and maintenance by the Landlord of existing facilities
or equipment associated with the maintenance, use and operation of municipal utilities or other
municipal services at the Property.
27. ITEMS TO BE DELIVERED TO TENANT
Within ten (10) days following a request from Tenant, Landlord shall, to the extent
available, deliver to Tenant an accurate copy of all, environmental audits relating to the
Premises.
28. COMPLIANCE
Landlord represents and warrants that all operations conducted by Landlord in connection
with the Property meet all applicable state, federal, county and local codes and regulations.
Landlord agrees that it will conduct its operations in the future in accordance with all such codes,
mortgage, deed of trust or other instrument encumbering the Property in order for Tenant to
construct, operate, maintain or access the Communications Facility.
During the term of this Lease, Tenant will comply with all applicable state, federal,
county and local codes, regulations and laws relating to Tenant's use of the Premises. Tenant
will not commit or suffer to be committed any waste on the Premises or any nuisance in violation
of such applicable laws.
29. LIENS
Tenant shall keep the Premises free from any liens arising out of any work performed,
materials furnished or obligations incurred by or on behalf of Tenant and shall indemnify, defend
and hold Landlord harmless from all claims, costs and liabilities, including reasonable attorneys'
fees and costs, in connection with or arising out of any such lien or claim of lien. Tenant shall
cause any such lien imposed on the Premises to be released of record by payment or posting of a
proper bond within thirty (30) days after written request by Landlord. The provisions of this
Section 29 will survive the termination of this Lease.
30. SUBORDINATION
Tenant agrees that this Lease shall be subject and subordinate to any mortgages or deeds
of trust now or hereafter placed upon the Premises and to all modifications thereto, provided that
Tenant's possession of the Premises and Access and Utility Routes shall not be disturbed so long
as Tenant continues to perform its duties and obligations under this Lease and Tenant's
obligation to perform such duties and obligations shall not be in any way increased or its rights
diminished by the provisions of this paragraph and provided, however, as a condition precedent
to Tenant being required to subordinate its interest in this Lease to any mortgage or deeds of trust
covering the water tower or Property, Landlord shall obtain for Tenant's benefit a non
disturbance and attornment agreement from the mortgagee, trustee or beneficiary for Tenant's _
benefit in the form reasonably satisfactory to Tenant. In return, Tenant agrees to attorn to the
56
mortgagee, trustee or beneficiary under any such mortgage or deed of trust, and to the purchaser
in a sale pursuant to the foreclosure thereof; provided that Tenant's possession of the Premises
and Access and Utility Routes shall not be disturbed so long as Tenant shall continue to perform
its duties and obligations under this Lease.
31. ENTIRE AGREEMENT AND BINDING EFFECT
This Lease and any attached exhibits and nondisturbance and attornment agreement(s)
mentioning this Lease, constitute the entire agreement between Landlord and Tenant; no prior
written promises or prior contemporaneous or subsequent oral promises or representations will
be binding. This Lease will not be amended or changed except by written instrument signed by
the parties hereto. Section captions herein are for convenience of reference only and neither
limit nor amplify the provisions of this Lease. The invalidity of any portion of this Lease shall
not have any effect on the balance thereof. The provisions of this Lease shall be binding upon
- and inure to the benefit of the heirs, executors, administrators, successors, and assigns of
Landlord and Tenant. To the extent that Landlord grants to a third party by easement or other
� legal instrument an interest in and to that portion of the water tower and/or Property occupied by
Tenant for the purpose of operating and maintaining communications facilities or the
management thereof and in conjunction therewith, assigns this Lease to said third party,
Landlord shall not be released from its obligations to Tenant under this Lease, and Tenant shall
have the right to look to Landlord and the third party for the full performance of this Lease.
32. GOVERNING LAW
This Lease shall be governed by the laws of the state in which the Premises are located.
IN WITNESS WHEREOF, Landlord and Tenant have signed this Lease as of the date
and year written below.
TENANT: LANDLORD:
Verizon Wireless (VAW) LLC City of Fridley,
� d/b/a Verizon Wireless a Minnesota municipal corporation
By: By:
Name: Lynn Ramsey Name: Scott Lund
Title: Area Vice President Network Title: Mayor
Date: By:
Name: Walter Wysopal
Title: City Manager
Date:
57
Exhibit A
Landlord's Propertv
The South Seven Hundred(700) feet of the Southwest Quarter(SW %) of the Southwest Quarter
(SW '/), lying West of State Highway No. 65, in Section Twelve (12), Township Thirty(3)
North, Range Twenty Four(24) West, except:
(1) Parts taken for channel purposes.
(2) Commencing at the Northeast corner of the SoutY�Seven Hundred(700) feet of the
Southwest Quarter(SW '/)of the Southwest Quarter(SW '/), lying West of State
Highway No. 65; thence South along the West right of way line of State Highway No.
65, a distance of Three Hundred Fifty(350) feet; thence West at right angles, a distance _ ,
of Three Hundred Fifty(350) feet; thence North at right angles, a distance of Three I
Hundred Fifty(350) feet; thence East along the North property line to the point of
beginning.
All in Anoka County, Minnesota
PIN: 12-30-24-33-0001
58
Exhibit B
Legal Description of Tenant's Premises for Communications Shelter
That part of the South 700 feet of the Southwest Quarter of the Southwest Quarter of Section 12,
Township 30, Range 24, Anoka County, Minnesota, described as commencing at the Southwest
corner of said Southwest Quarter of Section 12; thence North 00 degrees 06 minutes 56 seconds
East, assumed bearing, along the west line of said Southwest Quarter of Section 12 a distance of
667.18 feet; thence on a bearing of East 755.98 feet to the point of beginning of the land space to
be described; thence on a bearing of North 20.00 feet; thence on a bearing of East 40.00 feet;
thence on a bearing of South 20.00 feet; thence on a bearing of West 40.00 feet to the point of
beginning.
59
Exhibit C
Drawing of Tenant's Access and Utility Routes
(1 Page Attached)
60
r �
w�'�� NOTE CONfRACTOR TO COORqNA7E
���'� WBLIC AND PRNA7E UTILfI'!LOCAlES
— — — — — _ �-�• PRKKt TO CONSfRUCTION STPRT.NO71FY
•— •— ,— •— ^— '— — — — — 7HE ARCMTECT AND THE VZW
CONSIRUC7M�!EFGINEEf�0�R7YUTIQfY
n . . � 'n � 11NE 6SUES IAIUEqATELY
nmvogn naF
BaDG[(56[�-s) � NOTE:IXISfING UfILffY 11NES RUN
���� WITFIIN AND AROUND SffE AREA
,_` � ca�ru[en sxam�(s¢�-s) 1
, m�t PNY UNES BELOW 1HE PROPOSED
E���� $ SHEUER MUST BE RELOCATED OR
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Exhibit D
Conceptual Plan Subject toApproval by City Public Works Director
('I�vo Pages Attached)
62
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m�em mcrtic PUBLIC AND PRNAiE UTIL.fIY lOCA7ES
3-�� PRKKt TO CONSTRUCfION STPRT.NO71FY
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65
Exhibit E
BOND FORM
Amount: $ Bond No.
KNOW ALL MEN BY THESE PRESENTS:
That we, (enter principal &address) , hereinafter called Principal, and(XYZ Insurance Company
&address), a corporation duly organized under the laws of the State of(enter state) , as Surety,
hereinafter called Surety, are held and firmly bound unto (enter obligee and address), as Obligee,
hereinafter called the Obligee, in the sum of Twenty Five Thousand and 00/100 Dollars ($
25,000.00) for the payment of which we bind ourselves, our heirs, executors, administrators,
successors and assigns,jointly and severally, firmly by these presents. -
WHEREAS, Principal has entered an Antenna Site Lease Agreement("Lease")with Obligee .
dated(enter date of Lease) related to (enter project-tower location) and as a requirement of
such Lease the Principal is obligated to remove its telecommunications equipment from the
property located at(enter location of property) upon discontinuance of service and restore the
property to its condition prior to its possession of the property, as near as practicable.
WHEREAS, the Obligee has agreed to accept this bond as security for performance of
Principal's obligations under said Lease during the time period this bond remains in effect.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that if the
Principal shall remove the equipment and restore the property as specified, then this obligation
shall be void, otherwise to remain in full force and effect, unless otherwise cancelled as
hereinafter stated.
PROVIDED HOWEVER,that this bond is executed subject to the following express provisions -
and conditions:
1. In the event of default by the Principal, Obligee shall deliver to Surety a written statement of
the details of such default within 90 days after the Obligee shall learn of the same, such notice to
be delivered by certified mail to address of said Surety as stated herein.
2. This bond may be terminated or canceled by surety by giving not less than one hundred
eighty(180) days written notice to the Obligee, stating therein the effective date of such
termination or cancellation. Such notice shall not limit or terminate any obligations resulting
from default by the Principal that may have accrued under this bond prior to the effective date of
such termination.
3. Neither cancellation nor termination of this bond by Surety, nor inability of Principal to file a
replacement bond or replacement security for its obligations, shall constitute a loss to the _
Obligee recoverable under this bond.
ss
4. No claim, action, suit or proceeding shall be instituted against this bond unless same be
brought or instituted and process served within two years after termination or cancellation of this
bond.
5. No right of action shall accrue on this bond for the use of any person, corporation or entity
other than the Obligee named herein or the heirs, executors, administrators or successors of the
Obligee.
6. The aggregate liability of the surety is limited to the penal sum stated herein regardless of the
number of years this bond remains in force or the amount or number of claims brought against
this bond.
7. This bond shall be void unless signed and acknowledged by Obligee below.
IN WITNESS WHEREOF, the above bounded Principal and Surety have hereunto signed and
_ sealed this bond effective this day of , 2013.
Principal XYZ Insurance Company
By: By:
, Attorney-in-Fact
THE ABOVE TERMS AND CONDITIONS OF THIS BOND HAVE BEEN REVIEWED AND
ACCEPTED BY THE (OBLIGEE).
- ACKNOWLEDGED AND ACCEPTED BY OBLIGEE:
_ BY:
PRINTED NAME/TITLE:
DATE:
RETURN A COPY OF ACCEPTED BOND TO:
"XYZ" Insurance Company
Attn: Surety Department
67
` AGENDA ITEM
COUNCIL MEETING OF FEBRUARY 10, 2014
�°� CLAIMS
CLAIMS
162591 - 162808
68
PREPARED 02/06/2014, 13:57:03 A/P CHECKS BY PERIOD AND YEAR PAGE 1
PROGRAM: GM350L
CITY OF FRIDLEY FROM O1/20/2014 TO 02/07/2014 BANK CODE 00
------------------------------------------------------------------------------------------------------------------------------------
CHECK CHECK CHECK
DATE NUMBER VENDOR NAME VENDOR # AMOUNT
------------------------------------------------------------------------------------------------------------------------------------
ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT
------------------------------------------------------------------------------------------------------------------------------------
O1/23/2014 162591 BARTON SAND & GRAVEL CO 2005 3,758 .08
601-7000-415.42-22 O1/15/2014 SAND (-197.79 DISCOUNT) 140115 Ol/2014 2, 931.30
101-0668-435.42-22 O1/15/2014 SAND 140115 O1/2014 826.78
O1/23/2014 162592 NORTHWEST ASPHALT, INC 14077 16, 840.85
573-0000-435.45-30 12/31/2013 STR.REHAB EST 5 13/2013 16, 840.85
O1/23/2014 162593 XCEL ENERGY 24002 3, 591.55
601-7000-415.43-38 12/31/2013 UTILITIES 397536942 13/2013 3,591.55
Ol/30/2014 162594 ANOKA COUNTY CENTRAL COMMUNICA 1005 1, 846.44
101-0440-425.43-32 Ol/15/2014 4TH QRT STATE ASSESS FEES 2014205 13/2013 1, 080 .00
101-0440-425.43-32 O1/16/2014 DEC WIRELESS ACCESS 2014215 13/2013 696.40
101-0440-425.43-32 O1/15/2014 LANGUAGE LINE USAGE 2014006 13/2013 70.04
O1/30/2014 162595 ANOKA COUNTY TREASURER 1048 38.43
101-0440-425.42-12 O1/28/2014 DEC FUEL DTF H140124C 13/2013 38 .43
O1/30/2014 162596 ANOKA COUNTY TREASURER 1048 5, 125.00
101-0440-425.41-01 O1/22/2014 GRANT MATCH FUND 2014 140121F O1/2014 5, 125.00
Ol/30/2014 162597 A.M.E.M. - ASSOC OF MN EMERG M 1130 300.00
101-0440-425.43-31 Ol/28/2014 MEMBERSHIP DUES 6708,BSB8,035A2 O1/2014 300.00
O1/30/2014 162598 APACHE PRINT INC 1147 198.25
101-0770-455.43-35 12/27/2013 NEWSLETTER 45472 13/2013 198.25
O1/30/2014 162599 ASPEN MILLS INC 1161 900.05
101-0550-425.42-17 O1/28/2014 UNIFORMS 145102,103,361 Ol/2014 900.05
O1/30/2014 162600 ANOKA COUNTY LICENSE CENTER 1214 41.50
101-0440-425.42-21 Ol/28/2014 TITLE V#398 & 399 Ol/2014 41.50
O1/30/2014 162601 ANOKA COUNTY COM HEALTH/ENVIRO 1242 465.00
101-0669-435.43-31 O1/23/2014 HAZ WASTE LIC FEES IN0011603 O1/2014 465.00
O1/30/2014 162602 ALBRECHT SIGN & GRAPHICS,INC 1285 149.85
101-0440-425.43-35 O1/28/2014 BUSINESS CARDS 20772.20766 O1/2014 149.85
O1/30/2014 162603 AMERICAN DIVERSITY 1297 64.66
101-0331-415.42-21 O1/13/2014 W-4 'S, ENVELOPES 775,707 O1/2014 64.66
Ol/30/2014 162604 ADVANCE SHORING COMPANY 1304 195.56
408-0005-415.43-41 O1/16/2014 SHORING SUPPORT FOR RAMP 1213189 O1/2014 195.58
Ol/30/2014 162605 APEX PRINT TECHNOLOGIES 1311 4, 997.94
601-6000-415.43-32 O1/16/2014 WTR STATEMENT BILLING 159015 13/2013 1,751.39
602-6000-415.43-32 O1/16/2014 WTR STATEMENT BILLING 159015 13/2013 862 .63
601-6000-415.43-32 Ol/16/2014 METER CARDS 159015 13/2013 959.74
69
PREPARED 02/06/2014, 13 :57:03 A/P CHECKS BY PERIOD AND YEAR PAGE 2
PROGRAM: GM350L
CITY OF FRIDLEY FROM O1/20/2014 TO 02/07/2014 BANK CODE 00
------------------------------------------------------------------------------------------------------------------------------------
CHECK CHECK CHECK
DATE NUMBER VENDOR NAME VENDOR # AMOUNT
------------------------------- ---------------- ----------------------------
ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT
------------------------------------------------------------------------------------------------------------------------------------
601-6000-415.43-32 Ol/16/2014 WEBSITE 159015 13/2013 502.50
602-6000-415.43-32 O1/16/2014 WEBSITE 159015 13/2013 247.50
601-6000-415.43-32 O1/24/2014 POSTAGE 154450 13/2013 451.70
602-6000-415.43-32 O1/24/2014 POSTAGE 154450 13/2013 222.48
O1/30/2014 162606 BOUND TREE MEDICAL, LLC 2131 74.56
101-0440-425.42-21 O1/21/2014 GLOVES 81320904 O1/2014 74 .56
O1/30/2014 162607 LUANN BURGER 2134 252 .00
101-0770-455.43-40 O1/24/2014 TUMBLING INSTRUCTION O1/2014 252.00
O1/30/2014 162608 B & H PHOTO & VIDEO 2231 2,412.72
225-0000-415.42-21 O1/09/2014 CAMCORDER,BATTERY,BRACKET 79175196 O1/2014 2,412 .72
O1/30/2014 162609 CUB STORE INC-NEW BRIGHTON STO 3126 14 .99
101-0770-455.42-21 O1/23/2014 ZONE BIRTHDAY SUPPLIES Ol/2014 14 .99
O1/30/2014 162610 CENTRAL TURF & IRRIGATION SUPP 3131 1.15
101-0666-435.42-22 06/11/2013 PVC COUP 6030920-01 13/2013 1.15
O1/30/2014 162611 COMCAST CABLE 3157 336.52
225-0000-415.43-40 Ol/23/2014 CABLE FEES 0044545 Ol/2014 336.52
Ol/30/2014 162612 COMMUNITY HEALTH CHARITIES 3227 9.62
101-0000-219.08-00 O1/31/2014 PAYROLL SUMMARY 20140131 O1/2014 9.62
O1/30/2014 162613 CHANTICLEAR PIZZA 3239 26 .00
101-0770-455.42-21 O1/23/2014 ZONE BIRTHDAY PARTY O1/2014 26 .00
Ol/30/2014 162614 CENTERPOINT ENERGY-MINNEGASCO 3252 10,331.00
101-0666-435.43-38 Ol/15/2014 UTILITIES 80000141582 13/2013 1, 003.74
101-0660-415.43-38 O1/15/2014 UTILITIES 80000141491 13/2013 3,708.91
609-9200-415.43-38 O1/15/2014 UTILITIES 80000141533 13/2013 454.26
101-0669-435.43-38 O1/15/2014 UTILITIES 80000141533 13/2013 224.33
101-0550-425.43-38 O1/15/2014 UTILITIES 80000141459 13/2013 1,188.86
601-7000-415.43-38 O1/15/2014 UTILITIES 80000141624 13/2013 3,750.90
Ol/30/2014 162615 CENTRAL ROOFING COMPANY 3292 150.00
609-9200-415.43-40 O1/16/2014 ROOF REPAIRS 3098 O1/2014 150.00
O1/30/2014 162616 CENTURY LINK 3295 36 .96
270-0771-455.43-32 O1/10/2014 PHONE SERVICE 7848676 O1/2014 36 .96
Ol/30/2014 162617 CHARLESTON COUNTY FAMILY COURT 3316 451.50
101-0000-219.19-00 O1/31/2014 PAYROLL SUMMARY 20140131 O1/2014 451.50
O1/30/2014 162618 DAMA METAL PRODUCTS INC 4114 173 .00
101-0550-425.42-21 O1/17/2014 KEY BOX LOCKS 13196 Ol/2014 173 .00
Ol/30/2014 162619 DEFENSIVE EDGE 4130 395.00
101-0440-425.43-37 O1/21/2014 RIFLE ARMORER CLASS 1063 O1/2014 395.00
7�
PREPARED 02/06/2014, 13 :57:03 A/P CHECKS BY PERIOD AND YEAR PAGE 3
PROGRAM: GM350L
CZTY OF FRIDLEY FROM O1/20/2014 TO 02/07/2014 BANK CODE 00
------------------------------------------------------------------------------------------------------------------------------------
CHECK CHECK CHECK
DATE NUMBER VENDOR NAME VENDOR # AMOUNT
------------------------------------------------------------------------------------------------------------------------------------
ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT
------------------------------------------------------------------------------------------------------------------------------------
O1/30/2014 162620 BILL DAVNIE 4148 75 .00
101-0770-455.43-40 O1/21/2014 SR SPEAKER O1/2014 75 .00
Ol/30/2014 162621 E.C.M. PUBLISHERS INC 5001 322 .80
101-0331-415.43-34 O1/21/2014 LEGAL NOTICE-BUDGET 65264 O1/2014 322 .80
O1/30/2014 162622 ENVIROBATE, INC 5105 5,140.00
351-0000-475.43-40 10/08/2013 ASBESTOS CLEANUP-CITCO 36214 13/2013 5,140.00
O1/30/2014 162623 CITY OF FRIDLEY 6023 55 .73
101-0550-425.42-22 O1/29/2014 RADIO PARTS PETTY CASH O1/2014 26 .77
101-0440-425.42-21 O1/29/2014 COMPLIANCE CK MEALS PETTY CASH O1/2014 13 .93
101-0770-455.43-33 O1/29/2014 PARKING FEE PETTY CASH O1/2014 3 .25
225-0000-415.42-21 O1/29/2014 MEMORY CARD READER PETTY CASH O1/2014 11.78
O1/30/2014 162624 FOTH INFRASTRUCTURE & ENVIROME 6028 1, 985 .00
602-7500-415.43-30 O1/08/2014 INFILTRATION/INFLOW SERV 37244 13/2013 1, 985 .00
Ol/30/2014 162625 FRIDLEY H.R.A. 6035 7,648 .38
101-0000-208.01-00 O1/24/2014 HRA TIF,SHARED TAX STTLMT O1/2014 7,648 .38
O1/30/2014 162626 FRIDLEY FIRE RELIEF ASSOC 6088 125.00
101-0000-219.15-00 Ol/31/2014 PAYROLL SUMMARY 20140131 O1/2014 125.00
O1/30/2014 162627 FRIDLEY POLICE ASSOCIATION 6117 80.00
101-0000-219.22-00 O1/31/2014 PAYROLL SUMMARY 20140131 O1/2014 80.00
Ol/30/2014 162628 FLAT ROCK GEOGRAPHICS 6144 4,740 .00
705-0000-415.43-40 Ol/O1/2014 MAPFEEDER MODULE,SUBSCRPT Ol/2014 1,740.00
601-7000-415.43-40 Ol/O1/2014 MAPFEEDER SUBSCRIPTION O1/2014 500.00
602-7000-415.43-40 O1/O1/2014 MAPFEEDER SUBSCRIPTION 772 O1/2014 500.00
603-7000-415.43-40 O1/O1/2014 MAPFEEDER SUBSCRIPTION 772 O1/2014 500.00
101-OS81-465.43-40 Ol/Ol/2014 MAPFEEDER SUBSCRIPTION 772 O1/2014 500.00
101-0882-465.43-40 O1/O1/2014 MAPFEEDER SUBSCRIPTION 772 O1/2014 1, 000.00
O1/30/2014 162629 GOPHER STATE ONE-CALL INC 7013 100.00
601-7000-415.43-31 O1/15/2014 ANNUAL FEE GOPHER ST ONE 90197 O1/2014 100.00
O1/30/2014 162630 GLOCK PROFESSIONAL, INC 7140 390.00
101-0440-425.43-37 O1/09/2014 ARMORER CLASS 51463,51464 O1/2014 390 .00
O1/30/2014 162631 GENESIS EMPLOYEE BENEFITS 7162 z5 •g9
704-0000-415.43-30 12/31/2013 4TH QRT SHAREHOLDER 22111 13/2013 25.89
O1/30/2014 162632 HAWKINS INC 8093 1, 192 .07
601-7000-415.42-22 O1/10/2014 WTR CHEMICALS 3552401 O1/2014 1, 192 .07
O1/30/2014 162633 HASTINGS HUSKIES & HORSES RANC 8158 450.00
101-0770-455.43-40 O1/24/2014 WINTERFEST SLED DOGS 14-25 Ol/2014 450.00
71
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PROGRAM: GM350L
CITY OF FRIDLEY FROM O1/20/2014 TO 02/07/2014 BANK CODE 00
------------------------------------------------------------------------------------------------------------------------------------
CHECK CHECK CHECK
DATE NUMBER VENDOR NAME VENDOR # AMOUNT
------------------------------------------------------------------------------------------------------------------------------------
ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT
------------------------------------------------------------------------------------------------------------------------------------
O1/30/2014 162634 IPHOUSE INTERNET 9047 90 .00
101-0332-415.43-32 O1/08/2014 WEB HOSTING 652379,654838 O1/2014 90 .00
O1/30/2014 162635 INTL ASSOC OF FIRE FIGHTERS - 9074 90.00
101-0000-219.15-00 O1/31/2014 PAYROLL SUMMARY 20140131 Ol/2014 90.00
Ol/30/2014 162636 STEPHEN JOHNSON 10103 450.00
270-0771-455.43-40 O1/27/2014 CATERING DISCOVERY DINNER Ol/2014 450.00
O1/30/2014 162637 GREGG JOHNSON 10104 B1.00
101-0770-455.43-40 O1/17/2014 BOOT HOCKEY OFFICIAL 1302 O1/2014 81.00
O1/30/2014 162638 TYCEL KELLY 11111 20.54
101-0770-455.42-21 O1/17/2014 REIMB POP FOR ZONE PRTY O1/2014 20 .54
Ol/30/2014 162639 LASER TECHNOLOGY, INC 12004 128.50
101-0440-425.43-40 Ol/17/2014 REPAIR LASER 135551 O1/2014 128.50
O1/30/2014 162640 LEVANDER,GILLEN & MILLER, PA 12013 8, 051.50
101-0222-415.43-30 12/31/2013 DEC ATTY FEES 7 13/2013 8, 051.50
O1/30/2014 162641 LAW ENFORCEMENT LABOR SERVICES 12022 1,530.00
101-0000-219.13-00 O1/31/2014 PAYROLL SUMMARY 20140131 Ol/2014 1,530.00
O1/30/2014 162642 LEAGUE OF MN CITIES INS TRUST 12082 54, 555.50
101-0000-219.24-00 O1/14/2014 1ST QRT WORKERS COMP 26608 Ol/2014 54,555.50
O1/30/2014 162643 LOFFLER COMPANIES, INC 12143 463 .89
101-0333-415.43-40 Ol/Ol/2014 PRINTER MAINT,USAGE 101100,1680382 O1/2014 463 .89
O1/30/2014 162644 JENNIFER LEAF 12181 45.00
101-0770-455.43-40 Ol/10/2014 CHORES/MORE O1/2014 45 .00
O1/30/2014 162645 MATRIX COMMUNICATIONS INC 13028 1,686 .49
101-0333-415.43-40 12/09/2013 REPROGRAM PHONES 73930 13/2013 192 .36
101-0333-415.43-40 12/02/2013 INSTALL ADAPTERS 73957 13/2013 1,494.11
Ol/30/2014 162646 MINNEAPOLIS FINANCE DEPT 13033 2,463.30
101-0440-425.43-40 12/31/2013 DEC APS TRANS FEES 400413004468 13/2013 2,463 .30
O1/30/2014 162647 MRPA/MASS 13093 821.00
101-0770-455.43-31 Ol/16/2014 MEMBERSHIP DUES 2014 O1/2014 821.00
Ol/30/2014 162648 METRO SALES INC 13135 294.05
101-0661-435.43-35 O1/15/2014 PRINTER USAGE Ol/2014 294 .05
Ol/30/2014 162649 MINN POLICE & PEACE OFFICERS A 13167 150.00
101-0440-425.43-31 Ol/22/2014 MEMBERSHIP DUES 2014MBR03 O1/2014 150.00
O1/30/2014 162650 MINNESOTA BENEFIT ASSOC - M.B. 13220 73 .68
101-0000-219.09-00 O1/31/2014 PAYROLL SUMMARY 20140131 O1/2014 73 .68
72
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PROGRAM: GM350L
CITY OF FRIDLEY FROM O1/20/2014 TO 02/07/2014 BANK CODE 00
------------------------------------------------------------------------------------------------------------------------------------
CHECK CHECK CHECK
DATE NUMBER VENDOR NAME VENDOR # AMOUNT
------------------------------------------------------------------------------------------------------------------------------------
ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT
------------------------------------------------------------------------------------------------------------------------------------
O1/30/2014 162651 M.R.W.A-MINN RUAL WATER ASSOC 13234 800.00
601-7000-415.43-31 O1/21/2014 REGISTRATIONS O1/2014 800.00
Ol/30/2014 162652 METRO CITIES 13252 8,607.00
101-0110-415.43-31 O1/08/2014 2014 MEMBERSHIP 28 Ol/2014 8,607.00
O1/30/2014 162653 STEVEN MONSRUD 13280 .00
101-0440-425.43-31 Ol/22/2014 REIMB MEMBERSHIP MPPOA O1/2014 50 .00
101-0440-425.43-31 02/04/2014 REIMB MEMBERSHIP MPPOA 02/2014 50 .00-
Ol/30/2014 162654 MINN CHILD SUPPORT PAYMENT CEN 13307 6.93
101-0000-219.19-00 O1/31/2014 PAYROLL SUMMARY 20140131 O1/2014 6.93
O1/30/2014 162655 MINNESOTA METRO NORTH TOURISM 13416 3, 099.31
806-0000-204.00-00 O1/17/2014 DEC HOTEL/MOTEL TAX O1/2014 3, 099.31
O1/30/2014 162656 NORTH AMERICAN SALT CO 14037 13, 087.46
101-0668-435.42-22 O1/13/2014 ROAD SALT 71097095 O1/2014 13,087.46
O1/30/2014 162657 NELSON AUTO CENTER 14044 51,955.64
410-0440-425.45-40 O1/09/2014 '14 FORD POLICE INT V#399 F4224 O1/2014 25,977.82
410-0440-425.45-40 O1/09/2014 '14 FORD POLICE INT V#398 F4223 O1/2014 25,977.82
Ol/30/2014 162658 NATL RECREATION & PARK ASSOC 14061 9.00
101-0770-455.43-31 O1/16/2014 MEMBERSHIP 12509 O1/2014 9.00
O1/30/2014 162659 NORTHERN SANITARY SUPPLY INC 14089 60.73
270-0771-455.42-22 O1/10/2014 CLEANING SUPPLIES 166190 Ol/2014 60.73
Ol/30/2014 162660 NCPERS MINNESOTA-478000 14107 752.00
101-0000-219.27-00 O1/31/2014 PAYROLL SUMMARY 20140131 O1/2014 752 .00
O1/30/2014 162661 NETWORK DESIGN 14132 166 .82
101-0333-415.43-40 11/27/2013 INSTALL DATA CABLE 95458 13/2013 168 .82
O1/30/2014 162662 OPEN YOUR HEART 15011 25.00
101-0000-219.08-00 Ol/31/2014 PAYROLL SUMMARY 20140131 O1/2014 25.00
O1/30/2014 162663 ON SITE SANITATZON 15035 378.00
101-0666-435.43-41 O1/16/2014 PORTABLE RESTROOMS O1/2014 378 .00
Ol/30/2014 162664 OUTSIDE MAINTENANCE, INC 15072 87.50
101-0660-415.43-40 O1/16/2014 SHOVEL/SALT WALKS 11449 O1/2014 52 .50
101-0660-415.43-40 12/31/2013 SHOVEL/SALT WALKS 11447 13/2013 35.00
Ol/30/2014 162665 PETTY CASH 16020 300.00
101-0000-103 .00-00 O1/23/2014 INCREASE CASH FOR DRAWER O1/2014 300.00
Ol/30/2014 162666 PRO STAFF 16029 2,513 .01
101-0331-415.43-40 Ol/28/2014 TEMP EMPLOYEE 102930508 O1/2014 422.63
73
PREPARED 02/06/2014, 13:57:03 A/P CHECKS BY PERIOD AND YEAR PAGE 6
PROGRAM: GM350L
CITY OF FRIDLEY FROM O1/20/2014 TO 02/07/2014 BANK CODE 00
------------------------------------------------------------------------------------------------------------------------------------
CHECK CHECK CHECK
DATE NUMBER VENDOR NAME VENDOR # AMOUNT
------------------------------------------------------------------------------------------------------------------------------------
ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT
------------------------------------------------------------------------------------------------------------------------------------
101-0770-455.43-40 O1/28/2014 TEMP EMPLOYEE 102930508 O1/2014 23 .00
601-6000-415.43-40 O1/28/2014 TEMP EMPLOYEE 102930508 O1/2014 480.00
601-6000-415.43-40 O1/09/2014 TEMP EMPLOYEE 102929490 Ol/2014 288.00
101-0331-415.43-40 O1/09/2014 TEMP EMPLOYEE 102929490 O1/2014 368.00
101-0331-415.43-40 Ol/16/2014 TEMP EMPLOYEE 102930239 O1/2014 451.38
601-6000-415.43-40 O1/16/2014 TEMP EMPLOYEE 102930239 O1/2014 480.00
O1/30/2014 162667 PRINT CENTRAL 16067 1, 015.78
101-0882-465.43-35 Ol/17/2014 RENTAL LIC ENVELOPES 102404 O1/2014 1, 015.78
Ol/30/2014 162668 PACE ANALYTICAL SERVICE INC 16135 546.20
601-7000-415.43-40 Ol/21/2014 NPDES LOCKE PARK 12140097 Ol/2014 546.20
Ol/30/2014 162669 PUBLIC AGENCY TRAINING COUNCIL 16175 295.00
101-0440-425.43-37 O1/17/2014 REGISTRATION 173806 Ol/2014 295.00
O1/30/2014 162670 PEERPLACE NETWORKS 16199 750.00
227-0000-415.43-31 O1/02/2014 SUBSCRIPTION 3167 O1/2014 750.00
Ol/30/2014 162671 PREFERREDONE INSURANCE COMPANY 16213 75, 335.28
101-0000-219.10-01 O1/23/2014 JAN MEDICAL PREMIUMS 5999,6000,6003 O1/2014 73, 692 .84
101-0000-135.00-00 O1/23/2014 JAN MEDICAL PREMIUMS 5999,6000,6003 O1/2014 1,642 .44
Ol/30/2014 162672 REID & ASSOCIATES INC 18049 580.00
101-0440-425.43-37 O1/24/2014 REGISTRATION 146984 O1/2014 580.00
O1/30/2014 162673 SAM'S CLUB 19004 1, 066.32
101-0770-455.42-21 O1/20/2014 ZONE SUPPLIES 13/2013 129.87
101-1000-415.42-21 O1/20/2014 RETURN EMPL MTG SUPPLIES 13/2013 42 .81-
270-0771-455.42-21 Ol/20/2014 NEW YR EVE EVENT SUPPLIES 13/2013 183.76
101-0770-455.42-21 O1/20/2014 ZONE SUPPLIES 13/2013 177.77
101-0550-425.42-21 O1/20/2014 PHOTO PROCESSING 13/2013 13 .87
101-0770-455.42-21 O1/20/2014 WARMING HS SUPPLIES 13/2013 32 .92
101-0550-425.42-21 O1/20/2014 CLEANING SUPPLIES,BATTERY Ol/2014 301. 94
101-0770-455.42-21 O1/20/2014 WARMING HS SUPPLIES O1/2014 118.16
101-0770-455.42-21 O1/20/2014 ZONE SUPPLIES O1/2014 150.84
O1/30/2014 162674 SEARS COMMERCIAL CREDIT 19017 3,240.39
101-0669-435.42-25 12/29/2013 SHOP TOOLS 13/2013 3,240.39
O1/30/2014 162675 SIRCHIE FINGER PRINT LABORATOR 19107 213 .71
101-0440-425.42-21 O1/15/2014 EVIDENCE BAG TUBING 150547 O1/2014 213 .71
Ol/30/2014 162676 SHORT ELLIOTT HENDRICKSON INC 19108 2,520.00
601-7500-415.43-30 11/15/2013 COM PRK WELL WTP ASSMNT 275552 13/2013 2,520.00
O1/30/2014 162677 JAN SIMONS 19265 22.50
227-0000-415.43-40 Ol/17/2014 CHORES/MORE O1/2014 22.50
O1/30/2014 162678 SPARTAN PROMOTIONAL GROUP, INC 19277 389.60
101-0669-435.42-22 O1/17/2014 KEY TAGS 358357 O1/2014 389.60
74
PREPARED 02/06/2014, 13:57:03 A/P CHECKS BY PERIOD AND YEAR PAGE 7
PROGRAM: GM350L
CITY OF FRIDLEY FROM O1/20/2014 TO 02/07/2014 BANK CODE 00
------------------------------------------------------------------------------------------------------------------------------------
CHECK CHECK CHECK
DATE NUMBER VENDOR NAME VENDOR # AMOUNT
------------------------------------------------------------------------------------------------------------------------------------
ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT
------------------------------------------------------------------------------------------------------------------------------------
O1/30/2014 162679 JOHN SNIDER 19282 25.00
227-0000-415.43-40 Ol/22/2014 CHORES/MORE Ol/2014 25.00
Ol/30/2014 162680 TARGET 20004 237.26
101-0770-455.42-21 12/31/2013 ZONE SUPPLIES 13/2013 48.97
101-0770-455.42-21 12/31/2013 TRIP SUPPLIES 13/2013 69.25
101-0770-455.42-21 O1/18/2014 ZONE SUPPLIES Ol/2014 114 .14
270-0771-455.42-21 O1/18/2014 PROGRAM SUPPLIES O1/2014 4 .90
O1/30/2014 162681 TERRY OVERACKER PLUMBING 20029 480.00
101-0880-465.43-40 O1/16/2014 INSPECTIONS Ol/2014 480.00
O1/30/2014 162682 TOLL GAS & WELDING SUPPLY 20057 63 .54
101-0666-435.42-22 Ol/09/2014 OXYGEN,ACETYLENE TANK 10006547 O1/2014 63 .54
O1/30/2014 162683 TRAFFIC CONTROL CORPORATION 20112 399.00
101-0665-435.42-22 O1/16/2014 STREET ARROWS 63512 Ol/2014 399.00
O1/30/2014 162684 UNITED WAY 21035 25.00
101-0000-219.08-00 O1/31/2014 PAYROLL SUMMARY 20140131 O1/2014 25.00
O1/30/2014 162685 UPPER MIDWEST SEED INC 21046 137.40
270-0771-455.42-21 O1/13/2014 BIRD SEED 16166 O1/2014 137.40
O1/30/2014 162686 VOIGT'S BUS COMPANIES 22048 781.84
101-0770-455.43-33 O1/17/2014 YOUTH TRIPS TRANS 61134,61135, 36 Ol/2014 781.84
O1/30/2014 162687 WENCK ASSOCIATES, INC 23070 1,113 .68
603-7500-415.43-30 12/31/2013 ONSITE INSPECTION 1306257 13/2013 1, 113 .66
O1/30/2014 162688 WALTERS RECYCLING & REFUSE SER 23088 591.46
101-0669-435.43-40 O1/10/2014 JAN REFUSE HUALING 629833 O1/2014 479.71
270-0771-455.43-40 Ol/10/2014 JAN REFUSE HUALING 629833 O1/2014 111.75
O1/30/2014 162689 XCEL ENERGY 24002 10,302 .78
101-0665-435.43-38 O1/06/2014 UTILITIES 398436036 13/2013 7,377.62
101-0666-435.43-38 Ol/06/2014 UTILITIES 398417113 13/2013 1,531.39
603-7000-415.43-38 O1/06/2014 UTILITIES 398398469 13/2013 72.56
101-0550-425.43-38 Ol/06/2014 UTILITIES 398390728 13/2013 187.31
602-7000-415.43-38 Ol/06/2014 UTILITIES 398414306 13/2013 793 .27
270-0771-455.43-38 O1/06/2014 UTILITIES 398219167 13/2013 322.50
101-0441-425.43-38 O1/06/2014 UTILITIES 398230237 13/2013 9.80
101-0669-435.43-38 O1/06/2014 UTILITIES 398219161 13/2013 8 .33
O1/30/2014 162690 YOCUM OIL COMPANY 25015 9,056 .54
101-0000-141.00-00 O1/16/2014 FUEL 604870,604871 Ol/2014 9, 056 .54
O1/30/2014 162691 ZEE MEDICAL SERVICE CO 26014 163 .65
270-0771-455.42-21 O1/23/2014 FIRST AID SUPPLIES 54096474 O1/2014 49.25
75
PREPARED 02/06/2014, 13:57:03 A/P CHECKS BY PERIOD AND YEAR PAGE 8
PROGRAM: GM350L
CITY OF FRIDLEY FROM O1/20/2014 TO 02/07/2014 HANK CODE 00
------------------------------------------------------------------------------------------------------------------------------------
CHECK CHECK CHECK
DATE NUMBER VENDOR NAME VENDOR # AMOUNT
------------------------------------------------- ------------------------------------
ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT
------------------------------------------------------------------------------------------------------------------------------------
101-0669-435.42-21 O1/22/2014 FIRST AID SUPPLIES 54096467 O1/2014 71.80
101-0666-435.42-21 O1/22/2014 FIRST AID SUPPLIES 54096467 O1/2014 42 .60
O1/30/2014 162692 EYE CARE CENTER 99998 200.00
101-0000-240.00-00 Ol/28/2014 TSP 13-21 DEPOSIT DEPOSIT REFUND O1/2014 200.00
O1/30/2014 162693 MENARDS, INC 99998 100 .00
101-0000-240.00-00 O1/28/2014 CHRISTMAS TREE LOT DEPOSIT REFUND O1/2014 100.00
O1/30/2014 162694 SHORTSTOP BAR 99998 200.00
101-0000-240.00-00 Ol/28/2014 TSP 13-20 DEPOSIT DEPOSIT REFUND Ol/2014 200.00
O1/30/2014 162695 HOME DEPOT #2802 (DEPOSITS) 99998 100.00
101-0000-240.00-00 O1/28/2014 CHRISTMAS TREE LOT DEPOSIT REFUND O1/2014 100.00
O1/30/2014 162696 BACHMAN'S - FRIDLEY 99998 100.00
101-0000-240.00-00 O1/28/2014 CHRISTMAS TREE LOT DEPOSIT REFUND O1/2014 100.00
02/06/2014 162697 ARCTIC GLACIER INC 1008 141.18
609-0000-183.00-00 O1/31/2014 JAN-MISC 02/2014 105.30
609-0000-158.00-00 Ol/31/2014 JAN-MISC 02/2014 35.88
02/06/2014 162698 A.S.T. COMPRESSORS 1009 314 .50
101-0666-435.43-40 O1/31/2014 AERATOR MAINT 02/2014 314 .50
02/06/2014 162699 ARAMARK UNIFORM SERVICES 1045 748.69
101-0669-435.42-17 Ol/24/2014 UNIFORMS 792067054 02/2014 67.06
101-0666-435.42-17 O1/24/2014 UNIFORMS 792067055 02/2014 120.44
602-7000-415.42-17 Ol/24/2014 UNIFORMS 792067056 02/2014 46 .75
101-0668-435.42-17 O1/24/2014 UNIFORMS 792067057 02/2014 87.92
601-7000-415.42-17 Ol/24/2014 UNIFORMS 792067058 02/2014 42 .00
101-0669-435.42-17 O1/24/2014 RUGS,MATTS 792067059 02/2014 176.65
101-0660-415.42-17 O1/24/2014 RUGS,MATTS 02/2014 153.40
609-9100-415.42-17 O1/24/2014 RUGS,MATTS 02/2014 54 .47
02/06/2014 162700 ANOKA COUNTY TREASURER 1048 987.50
101-0333-415.43-32 O1/29/2014 BROADBAND 02/2014 400.00
270-0771-455.43-32 O1/29/2014 BROADBAND 02/2014 400.00
101-0550-425.43-32 O1/29/2014 BROADBAND 02/2014 150.00
101-0770-455.43-32 O1/29/2014 BROADBAND 02/2014 37.50
02/06/2014 162701 AMUNDSON CIGAR & CANDY CO 1064 2, 800.80
609-0000-183.00-00 Ol/31/2014 JAN-MISC 02/2014 2, 800.80
02/06/2014 162702 AT & T MOBILITY 1116 4, 156.75
101-0333-415.43-32 Ol/17/2014 CELL PHONES 02/2014 124.00
101-0220-415.43-32 O1/17/2014 CELL PHONES 02/2014 58.91
101-0440-425.43-32 O1/17/2014 CELL PHONES 02/2014 1,560.78
101-0441-425.43-32 O1/17/2014 CELL PHONES 02/2014 88.76
101-0550-425.43-32 Ol/17/2014 CELL PHONES 1144X01252014 02/2014 413.62
76
PREPARED 02/06/2014, 13:57:03 A/P CHECKS BY PERIOD AND YEAR PAGE 9
PROGRAM: GM350L
CITY OF FRIDLEY FROM O1/20/2014 TO 02/07/2014 BANK CODE 00
------------------------------------------------------------------------------------------------------------------------------------
CHECK CHECK CHECK
DATE NUMBER VENDOR NAME VENDOR # AMOUNT
ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT
------------------------------------------------------------------------------------------------------------------------------------
101-0661-435.43-32 Ol/17/2014 CELL PHONES 1144X01252014 02/2014 343.65
101-0669-435.43-32 O1/17/2014 CELL PHONES 1144X01252014 02/2014 112.52
101-0880-465.43-32 O1/17/2014 CELL PHONES . 1144X01252014 02/2014 108.82
101-0881-465.43-32 O1/17/2014 CELL PHONES 1144X01252014 02/2014 34.99
101-0882-465.43-32 Ol/17/2014 CELL PHONES 1144X01252014 02/2014 58 .91
101-0770-455.43-32 O1/17/2014 CELL PHONES 1144X01252014 02/2014 76.65
601-7000-415.43-32 O1/17/2014 CELL PHONES 1144X01252014 02/2014 173 .46
602-7000-415.43-32 O1/17/2014 CELL PHONES 1144X01252014 02/2014 155.98
101-0668-435.43-32 O1/17/2014 CELL PHONES 1144X01252014 02/2014 378 .13
101-0666-435.43-32 O1/17/2014 CELL PHONES 1144X01252014 02/2014 264.96
101-0661-435.43-32 Ol/17/2014 GIS/PW HOT SPOT 1144X01252014 02/2014 34 .99
101-0440-425.42-25 O1/17/2014 PHONE EQUIPMENT 1144X01252014 02/2014 167.62
02/06/2014 162703 APACHE PRINT INC 1147 185.50
101-0770-455.43-35 O1/21/2014 SENIOR NEWSLETTER 45510 02/2014 185.50
02/06/2014 162704 AMERICAN BOTTLING COMPANY 1155 638 .27
609-0000-183.00-00 O1/31/2014 JAN-MISC 02/2014 373 .99
609-0000-158.00-00 O1/31/2014 JAN-MISC 02/2014 264 .28
02/06/2014 162705 ADVANTAGE SIGNS & GRAPHICS INC 1199 6, 979.05
101-0668-435.42-22 Ol/28/2014 STREET SIGN SUPPLIES 21610 02/2014 6, 979.05
02/06/2014 162706 ANOKA COUNTY LICENSE CENTER 1214 12 .00
101-0440-425.42-21 Ol/30/2014 TAB RENEWAL V#347 02/2014 12 .00
02/06/2014 162707 ACE SOLID WASTE, INC 1241 177.85
101-0660-415.43-40 02/04/2014 REFUSE HAULING 11094380 02/2014 177.85
02/06/2014 162708 ADAM'S PEST CONTROL, INC 1301 47.00
101-0660-415.43-40 02/04/2014 JAN PEST CONTROL 859715 02/2014 47.00
02/06/2014 162709 ARTISAN BEER COMPANY 1303 1,679.00
609-0000-182.00-00 Ol/31/2014 JAN-BEER 02/2014 1,271.00
609-0000-157.00-00 O1/31/2014 JAN-BEER 02/2014 408.00
02/06/2014 162710 A.E.M FINANCIAL SOLUTIONS,LLC 1314 5, 000.00
101-0331-415.43-30 O1/31/2014 FINANCIAL PROCESS EVAL 320755 02/2014 5, 000.00
02/06/2014 162711 BARTON SAND & GRAVEL CO 2005 291.32
601-7000-415.42-22 O1/31/2014 WASHED SAND 02/2014 291.32
02/06/2014 162712 BEISSWENGER'S HARDWARE 2019 35.78
101-0668-435.42-25 O1/16/2014 DRILL BIT SET 02/2014 35.78
02/06/2014 162713 BELLBOY CORPORATION 2051 4,435.12
609-0000-180.00-00 O1/31/2014 JAN-LIQUOR 02/2014 3, 903 .55
609-0000-183 .00-00 O1/31/2014 JAN-MISC 02/2014 338.07
609-9100-415.42-21 O1/31/2014 JAN-BAGS 02/2014 193 .50
02/06/2014 162714 BERNICK'S BEVERAGES 2207 2,110.00
609-0000-182.00-00 Ol/31/2014 JAN-BEER 02/2014 1,160.00
77
PREPARED 02/06/2014, 13:57:03 A/P CHECKS BY PERIOD AND YEAR PAGE 10
PROGRAM: GM350L
CITY OF FRIDLEY FROM O1/20/2014 TO 02/07/2014 BANK CODE 00
------------------------------------------------------------------------------------------------------------------------------------
CHECK CHECK CHECK
DATE NUMBER VENDOR NAME VENDOR # AMOUNT
------------------------------------------------------------------------------------------------------------------------------------
ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT
------------------------------------------------------------------------------------------------------------------------------------
609-0000-183.00-00 O1/31/2014 JAN-MISC 02/2014 109.20
609-0000-157.00-00 O1/31/2014 JAN-BEER 02/2014 751.60
609-0000-158.00-00 O1/31/2014 JAN-MISC 02/2014 89.20
02/06/2014 162715 BUILDING CONSULTING GROUP, INC 2223 7,555.64
408-0005-415.43-30 02/03/2014 MUNI RAMP DESIGN 883142 02/2014 7,555.64
02/06/2014 162716 COCA COLA BOTTLING 3030 1,532 .64
609-0000-183.00-00 O1/31/2014 JAN-MISC 02/2014 942 .48
609-0000-158.00-00 O1/31/2014 JAN-MISC 02/2014 590.16
02/06/2014 162717 CAPITOL BEVERAGE SALES 3097 45,140.76
609-0000-182.00-00 Ol/31/2014 JAN-BEER 02/2014 33,388.65
609-0000-157.00-00 O1/31/2014 JAN-BEER 02/2014 11,752.11
02/06/2014 162718 CITY OF COON RAPIDS 3122 126.48
270-0771-455.43-38 12/31/2013 WATER SERVICE 3760303 13/2013 126.48
02/06/2014 162719 ROBERT CLAUSON 3153 3,669.40
101-0880-465.43-40 Ol/31/2014 INSPECTIONS 02/2014 3,669.40
02/06/2014 162720 COMCAST CABLE 3157 230.55
101-0333-415.43-32 Ol/13/2014 INTERNET 772106210272773 02/2014 230.55
02/06/2014 162721 CENTRAL MN CUSTODIAL SERVICES 3198 1, 040.00
101-0669-435.43-40 Ol/28/2014 JAN CLEANING SERVICE 1071 02/2014 1, 040.00
02/06/2014 162722 CENTURY LINK 3295 419.14
609-9200-415.43-32 O1/22/2014 PHONE SERVICE 5718365 02/2014 127.03
601-7000-415.43-32 O1/22/2014 PHONE SERVICE 5711683 02/2014 18.97
602-7000-415.43-32 O1/22/2014 PHONE SERVICE 5711683 02/2014 18 .97
609-9100-415.43-32 Ol/22/2014 PHONE SERVICE 5710683 02/2014 212 .53
270-0771-455.43-32 Ol/25/2014 PHONE SERVICE 7833923 02/2014 41.64
02/06/2014 162723 LUCY DEERZNG 4117 220.00
101-0770-455.43-40 12/31/2013 CERAMICS 13/2013 100.00
101-0770-455.42-21 12/31/2013 SUPPLIES 13/2013 120.00
02/06/2014 162724 EXTREME BEVERAGE 5088 731.56
609-0000-183.00-00 O1/31/2014 JAN-MISC 02/2014 731.56
02/06/2014 162725 JENNIFER ESSER 5106 375.00
101-0770-455.43-40 Ol/31/2014 REC OFFICIAL 02/2014 375 .00
02/06/2014 162726 FLEET COMPUTING INTERNATZONAL 6067 . 701.01
101-0000-144.00-00 O1/07/2014 HYD HOSEES,FITTINGS 55720,4771,0737 02/2014 701.01
02/06/2014 162727 TERESA FARIS 6142 15.00
227-0000-415.43-40 Ol/30/2014 CHORES/MORE 02/2014 15.00
02/06/2014 162728 FRONTIER PRECISION, INC 6158 30, 564.01
101-0661-435.45-60 Ol/28/2014 RADIO,SOFTWARE,BRACKET 122674 02/2014 30,564 .01
78
PREPARED 02/06/2014, 13:57:03 A/P CHECKS BY PERIOD AND YEAR PAGE 11
PROGRAM: GM350L
CITY OF FRIDLEY FROM O1/20/2014 TO 02/07/2014 BANK CODE 00
------------------------------------------------------------------------------------------------------------------------------------
CHECK CHECK CHECK
DATE NUMBER VENDOR NAME VENDOR # AMOUNT
------------------------------------------------------------------------------------------------------------------------------------
ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT
------------------------------------------------------------------------------------------------------------------------------------
02/06/2014 162729 BETH FARLEY 6159 180.00
101-0770-455.43-40 Ol/31/2014 RIPPED INSTRUCTOR 02/2014 180 .00
02/06/2014 162730 GOPHER STATE ONE-CALL INC 7013 94 .25
601-7000-415.43-40 O1/31/2014 JAN CALLS 91597 02/2014 47.12
602-7000-415.43-40 O1/31/2014 JAN CALLS 91597 02/2014 47.13
02/06/2014 162731 GENUINE PARTS CO/NAPA 7014 2, 146 .25
101-0000-144.00-00 O1/31/2014 PARTS 02/2014 1,208 .92
101-0669-435.42-22 Ol/31/2014 PARTS 02/2014 98.75
101-0669-435.42-17 O1/31/2014 GLOVES 02/2014 10.14
101-0000-143.00-00 O1/31/2014 BATTERIES 02/2014 725.52
101-0000-142.00-00 Ol/31/2014 ANTI FREEZE 02/2014 102.92
02/06/2014 162732 GENERAL SECURITY SERVICES CORP 7040 125.46
101-0550-425.43-40 O1/31/2014 FIRE MONITORING 301002,301003 02/2014 125 .46
02/06/2014 162733 GRAINGER 7041 49.35
101-0660-415.42-21 O1/24/2014 FIRST AID SUPPLIES 9339491921,1913 02/2014 49.35
02/06/2014 162734 GRAPE BEGINNINGS INC 7109 1,593 .50
609-0000-181.00-00 O1/31/2014 JAN-WINE 02/2014 1,562 .00
609-0000-183.00-00 O1/31/2014 JAN-MISC 02/2014 31.50
02/06/2014 162735 GRAFIK DISTINCTION, INC 7125 1,200.00
101-0220-415.43-30 02/03/2014 NEWSLETTER DESIGN 20186 02/2014 1,200.00
02/06/2014 162736 HOME DEPOT/GECF 8052 400.60
270-0771-455.43-41 12/31/2013 CARPET SHAMPOO RENTAL 13/2013 31.62
270-0771-455.42-22 12/31/2013 CLEANING SUPPLIES 13/2013 57.60
101-0550-425.42-21 12/31/2013 LED FLOOD LIGHT 13/2013 46.03
101-0550-425.42-21 O1/21/2014 STATION SUPPLIES 02/2014 195.88
101-0770-455.42-21 O1/21/2014 PICKLEBALL EQUIPMENT 02/2014 33.87
270-0771-455.42-22 Ol/21/2014 PAINT 02/2014 35.60
02/06/2014 162737 HOHENSTEINS INC 8068 6,514.90
609-0000-182.00-00 O1/31/2014 JAN-BEER 02/2014 4,255.00
609-0000-157.00-00 O1/31/2014 JAN-BEER 02/2014 2,259.90
02/06/2014 162738 HAWKINS INC 8093 5,196.58
601-7000-415.42-22 O1/15/2014 WATER CHEMICALS 3553675 02/2014 2,619.89
601-7000-415.42-22 O1/15/2014 WATER CHEMICALS 3557147,7283 02/2014 2,576.69
02/06/2014 162739 HENRY'S WATERWORKS, INC 8148 765.59
601-7000-415.42-22 O1/21/2014 REPAIR CLAMPS 16883 02/2014 765.59
02/06/2014 162740 WENDY HIATT 8164 26 .47
101-0669-435.43-33 O1/31/2014 REIMB MILEAGE 02/2014 26.47
02/06/2014 162741 INDEPENDENT SCHOOL DIST #14 9006 2,509.72
101-0770-455.43-32 02/03/2014 PHONE LINES 4368,4369 02/2014 46.00
79
PREPARED 02/06/2014, 13 :57:03 A/P CHECKS BY PERIOD AND YEAR PAGE 12
PROGRAM: GM350L
CITY OF FRIDLEY FROM O1/20/2014 TO 02/07/2014 BANK CODE (10
------------------------------------------------------------------------------------------------------------------------------------
CHECK CHECK CHECK
DATE NUMBER VENDOR NAME VENDOR # AMOUNT
------------------------------------------------------------------------------------------------------------------------------------
ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT
------------------------------------------------------------------------------------------------------------------------------------
101-0770-455.43-32 02/03/2014 PHONE LINES 4368,4369 02/2014 92.00
101-0770-455.43-32 02/03/2014 PHONE LINES 4368,4369 02/2014 27.20
101-0770-455.43-40 02/03/2014 SEC SYSTEM 4368,4369 02/2014 84 .24
101-0770-455.43-50 02/03/2014 BUILDING USAGE JAN/FEB 4368,4369 02/2014 1,502 .08
101-0770-455.42-21 12/20/2013 PORTABLE GATE 4060 13/2013 758.20
02/06/2014 162742 INSTY-PRINTS 9027 192.45
101-0770-455.43-35 O1/24/2014 PARK SHELTER FORMS 099209 02/2014 192.45
02/06/2014 162743 INTERSTATE ALL BATTERY CENTER 9073 35.98
101-0440-425.42-21 O1/27/2014 BATTERIES 1902701000809 02/2014 35.98
02/06/2014 162744 JOHNSON BROTHERS LIQUOR 10005 114,923 .30
609-0000-180.00-00 O1/31/2014 JAN-LIQUOR 02/2014 59,724 .�8
609-0000-181.00-00 O1/31/2014 JAN-WINE 02/2014 22,746.�3
609-9100-415.43-51 O1/31/2014 JAN-FREIGHT 02/2014 1, 351.58
609-0000-155.00-00 O1/31/2014 JAN-LIQUOR 02/2014 20,669.10
609-0000-156.00-00 O1/31/2014 JAN-WINE 02/2014 9, 985.29
609-9200-415.43-51 O1/31/2014 JAN-FREIGHT 02/2014 446.42
02/06/2014 162745 JANI-KING OF MINNESOTA, INC 10056 2,715.92
101-0660-415.43-40 02/02/2014 FEB CLEANING SERVICE MIN02140347 02/2014 2,715.92
02/06/2014 162746 J.J. TAYLOR DIST. OF MINN, INC 10063 67,207.36
609-0000-182.00-00 Ol/31/2014 JAN-BEER 02/2014 52, 100.00
609-0000-183.00-00 O1/31/2014 JAN-MISC 02/2014 68.38
609-0000-157.00-00 O1/31/2014 JAN-BEER 02/2014 15, 000 .00
609-0000-158.00-00 O1/31/2014 JAN-MISC 02/2014 39.00
02/06/2014 162747 KILLMER ELECTRIC CO INC 11034 925.20
601-7000-415.43-40 O1/15/2014 DRIVER BOARD BOOSTER PUMP 7745921292 02/2014 925.20
02/06/2014 162748 LEVANDER,GILLEN & MILLER, PA 12013 7, 928 .00
101-0222-415.43-30 O1/31/2014 JAN ATTY FEES 02/2014 7, 928.p0
02/06/2014 162749 L-3 COMMUNICATIONS MOBILE VISI 12016 7,284 .�5
101-0440-425.43-40 O1/13/2014 REPAIR DVR 0207776 02/2014 254.15
410-0440-425.45-40 O1/29/2014 DIGITAL VIDEO SYS V#397 0207869 02/2014 7,030.70
02/06/2014 162750 ADAM LINDQUIST 12182 250.()0
270-0771-455.43-40 O1/28/2014 DISCOVERY SPEAKER 2/22 02/2014 250.t)0
02/06/2014 162751 MICHAEL MONSRUD 13014 SO.f)0
101-0440-425.43-31 02/04/2014 REIMB MEMBERSHIP MPPOA 02/2014 50.00
02/06/2014 162752 MINNESOTA SAFETY COUNCIL INC 13041 289.00
101-0770-455.42-21 O1/09/2014 SR DRIVING CLASS 26882 02/2014 289.00
02/06/2014 162753 METROPOLITAN COUNCIL 13078 7, 380.45
602-0000-209.00-00 O1/31/2014 JAN SAC CHARGES 02/2014 7,380.45
80
PREPARED 02/06/2014, 13:57:03 A/P CHECKS BY PERIOD AND YEAR PAGE 13
PROGRAM: GM350L
CITY OF FRIDLEY FROM Ol/20/2014 TO 02/07/2014 BANK CODE 00
------------------------------------------------------------------------------------------------------------------------------------
CHECK CHECK CHECK
DATE NUMBER VENDOR NAME VENDOR # AMOUNT
ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT
------------------------------------------------------------------------------------------------------------------------------------
02/06/2014 162754 MINN MUNICIPAL BEVERAGE ASSOC 13097 2,350.00
609-9100-415.43-31 O1/31/2014 MEMBERSHIP 2014-6 02/2014 2,350.00
02/06/2014 162755 MINN DEPT OF LABOR & INDUSTRY 13150 2, 017.07
101-0000-205.00-00 O1/31/2014 JAN SURCHARGE 19008003055 19008003055 02/2014 2, 017.07
02/06/2014 162756 MINN SHERIFFS' ASSOCIATION 13423 100.00
101-0440-425.43-37 O1/30/2014 REGISTRATION 044790 02/2014 100 .00
02/06/2014 162757 M.B.F.T.E 13431 300 .00
101-0550-425.43-31 O1/31/2014 LICENSE RENEWALS 2014 02/2014 300.00
02/06/2014 162758 MEDIAWORKS ADVERTISING SOLUTIO 13446 1,395.00
609-9100-415.43-34 Ol/31/2014 ADVERTISING 67783,791, 7248 02/2014 1, 395.00
02/06/2014 162759 METERING & TECHNOLOGY SOLUTION 13467 2, 630.73
601-0000-147.00-00 Ol/22/2014 3" METER-GILBERT 64 02/2014 2,630.73
02/06/2014 162760 NEWQUIST & HERRICK LAW OFFICES 14002 25,589.08
101-0222-415.43-30 O1/28/2014 PROS ATTY FEES 02/2014 25,589.08
02/06/2014 162761 NEW BRIGHTON FORD 14024 9•24
101-0550-425.42-22 Ol/31/2014 CLIPS FOR Rl 02/2014 9.24
02/06/2014 162762 NATL BUSINESS FURNITURE 14025 241.00
101-0882-465.42-21 Ol/27/2014 OFFICE CHAIR ZJ839470TDQ 02/2014 241.00
02/06/2014 162763 NETWORK BUSINESS SUPPLIES INC 14059 1, 172.24
609-9100-415.42-21 O1/31/2014 TONER,RECIEPT TAPES 02/2014 1, 172 .24
02/06/2014 162764 NORTHERN SANITARY SUPPLY INC 14089 62 •29
101-0660-415.42-22 Ol/24/2014 VACUUM BAGS 166503,422,6547 02/2014 62 .29
02/06/2014 162765 NETWORK MEDICS, INC 14157 10, 996.86
410-0440-425.45-40 O1/09/2014 NEW SQUAD COMPUTER V#397 4295 02/2014 3,665.62
410-0440-425.45-40 Ol/09/2014 NEW SQUAD COMPUTER V#398 4294 02/2014 3,665.62
410-0440-425.45-40 O1/09/2014 NEW SQUAD COMPUTER V#399 4293 02/2014 3,665.62
02/06/2014 162766 OUTSIDE MAINTENANCE, INC 15072 653 .75
101-0660-415.43-40 O1/27/2014 SHOVEL/SALT WALKS 11488 02/2014 237.50
101-0660-415.43-40 O1/29/2014 SHOVEL/SALT WALKS 11501, 520,528 02/2014 416.25
02/06/2014 162767 PEPSI COLA BOTTLING CO 16007 650.81
609-0000-183.00-00 O1/31/2014 JAN-MISC 02/2014 650.81
02/06/2014 162768 PHILLIPS WINE & SPIRITS 16011 29, 953.25
609-0000-180.00-00 O1/31/2014 JAN-LIQUOR 02/2014 11, 515.74
609-0000-181.00-00 Ol/31/2014 JAN-WINE 02/2014 8, 960.30
609-9100-415.43-51 Ol/31/2014 JAN-FREIGHT 02/2014 356.82
81
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PROGRAM: GM350L
CITY OF FRIDLEY FROM Ol/20/2014 TO 02/07/2014 BANK CODE 00
------------------------------------------------------------------------------------------------------------------------------------
CHECK CHECK CHECK
DATE NUMBER VENDOR NAME VENDOR # AMOUNT
------------------------------------------------------------------------------------------------------------------------------------
ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT
------------------------------------------------------------------------------------------------------------------------------------
609-0000-155.00-00 O1/31/2014 JAN-LIQUOR 02/2014 5,742.60
609-0000-156.00-00 O1/31/2014 JAN-WINE 02/2014 3,199.95
609-9100-415.43-51 O1/31/2014 JAN-FREIGHT 02/2014 177.84
02/06/2014 162769 PRO STAFF 16029 675.20
101-0331-415.43-40 02/04/2014 TEMP EMPLOYEE 02/2014 368.00
601-6000-415.43-40 02/04/2014 TEMP EMPLOYEE 02/2014 307.20
02/06/2014 162770 PAUSTIS & SONS 16034 6, 133 .63
609-0000-181.00-00 O1/31/2014 JAN-WINE 02/2014 4,619.81
609-9100-415.43-51 O1/31/2014 JAN-FREIGHT 02/2014 85.00
609-0000-156.00-00 O1/31/2014 JAN-WINE 02/2014 1, 393 .32
609-9200-415.43-51 O1/31/2014 JAN-FREIGHT 02/2014 35.50
02/06/2014 162771 CURTIS PRIBULA 16211 56.97
270-0771-455.42-22 Ol/27/2014 REIMB MAINT SUPPLIES BEISSWENGER 02/2014 56.97
270-0771-455.42-22 O1/27/2014 MN USE TAX EXPENSE 56.97 BEISSWENGER 02/2014 3.92
270-0000-203.01-00 Ol/27/2014 MN USE TAX PAYABLE 56.97 BEISSWENGER 02/2014 3 .92-
02/06/2014 162772 PREFERREDONE INSURANCE COMPANY 16213 75,335.26
101-0000-219.10-01 Ol/31/2014 FEB MEDICAL PREMIUMS 6004,6005,6006 02/2014 73,692.84
101-0000-135.00-00 Ol/31/2014 FEB MEDICAL PREMIUMS 6004, 6005,6006 02/2014 1,642.44
02/06/2014 162773 WILLIAM PRINGLE 16214 175.00
101-0770-455.43-40 O1/30/2014 REC OFFICIAL 1202 02/2014 175.00
02/06/2014 162774 QUALITY REFRIGERATION SERVICE 17002 289.24
609-9200-415.43-40 Ol/31/2014 SERVICE CONTRACT 02/2014 289.24
02/06/2014 162775 R.J.M DISTRIBUTING, INC 18045 366.28
609-0000-182.00-00 O1/31/2014 JAN-BEER 02/2014 306.28
609-0000-157.00-00 Ol/31/2014 JAN-BEER 02/2014 80.00
02/06/2014 162776 SCHARBER & SONS INC 19011 19.71
101-0000-144.00-00 O1/02/2014 GASKET,THERMOSTAT P35351 02/2014 19.71
02/06/2014 162777 SCHIFSKY AND SONS INC 19045 703 .18
601-7000-415.42-22 10/15/2013 AC SAND MIX 55677 13/2013 703 .18
02/06/2014 162778 STANDARD INSURANCE COMPANY 19063 10, 035.36
101-0000-219.12-00 O1/31/2014 JAN LIFE INS PREMIUMS 02/2014 2, 830.10
101-0000-135.00-00 O1/31/2014 JAN LIFE INS PREMIUMS 02/2014 66 .25
101-0000-219.23-00 O1/31/2014 JAN LTD INS PREMIUMS 02/2014 2, 096.35
101-0000-135.00-00 O1/31/2014 JAN LTD INS PREMIUMS 02/2014 24.98
101-0000-135.00-00 O1/31/2014 FEB LTD INS PREMIUMS 02/2014 24 .98
101-0000-219.23-00 O1/31/2014 FEB LTD INS PREMIUMS 643900 02/2014 2, 096.35
101-0000-219.12-00 O1/31/2014 FEB LIFE INS PREMIUMS 643900 02/2014 2, 830.10
101-0000-135.00-00 O1/31/2014 FEB LIFE INS PREMIUMS 643900 02/2014 66 .25
02/06/2014 162779 STERNBERG LIGHTING 19144 5, 118.00
101-0665-435.42-22 O1/24/2014 POLE MOUNTED LGHT FIXTURE 25969 02/2014 5, 118.00
8L
PREPARED 02/06/2014, 13:57:03 A/P CHECKS BY PERIOD AND YEAR PAGE 15
PROGRAM: GM350L
CITY OF FRIDLEY FROM Ol/20/2014 TO 02/07/2014 BANK CODE 00
----`-------------------------------------------------------------------------------------------------------------------------------
CHECK CHECK CHECK
DATE NUMBER VENDOR NAME VENDOR # AMOUNT
ACCOUNT # TRN DATE DESCRIPTION INVOZCE PO # PER/YEAR TRN AMOUNT
------------------------------------------------------------------------------------------------------------------------------------
02/06/2014 162780 S.U.S.A 19169 125 .00
601-7000-415.43-31 02/03/2014 MEMBERSHIP FEES 02/2014 125 .00
02/06/2014 162781 FLEET ONE LLC 19175 28 •99
101-0440-425.42-12 O1/31/2014 FUEL 4458320028 02/2014 28.99
02/06/2014 162782 SOUTHERN WINE & SPIRITS OF MN, 19353 30,723 .33
609-0000-180.00-00 Ol/31/2014 JAN-LIQUOR 02/2014 8,744 .37
609-0000-181.00-00 Ol/31/2014 JAN-WINE 02/2014 4,568 .00
609-0000-183.00-00 O1/31/2014 JAN-MISC 02/2014 24 .05
609-9100-415.43-51 O1/31/2014 JAN-FREIGHT 02/2014 207.57
609-0000-155.00-00 O1/31/2014 JAN-LIQUOR 02/2014 13, 594 .14
609-0000-156.00-00 O1/31/2014 JAN-WINE 02/2014 3,208.71
609-0000-158.00-00 O1/31/2014 JAN-MISC 02/2014 140.66
609-9200-415.43-51 O1/31/2014 JAN-FREIGHT 02/2014 235.83
02/06/2014 162783 STANTEC CONSULTING SERVICE, IN 19362 299.30
408-0005-415.43-30 02/03/2014 ENG SERV POLICE GRG ROOF 757603 02/2014 299.30
02/06/2014 162784 STREET SMART RENTALS, INC 19377 385.00
410-0668-435.45-40 Ol/27/2014 TONGUE EXT FOR TRAILER 140175 02/2014 365.00
02/06/2014 162785 LYNN TORKILDSON 20016 30.00
101-0770-455.43-40 Ol/30/2014 CHORES/MORE 02/2014 30.00
02/06/2014 162786 TERRY OVERACKER PLUMBING 20029 360.00
101-0880-465.43-40 O1/30/2014 INSPECTIONS 593,39203-05 02/2014 360.00
02/06/2014 162787 TRI-COUNTY BEVERAGE & SUPPLY 20098 30.00
609-0000-183 .00-00 O1/31/2014 JAN-MISC 019704 02/2014 30.00
02/06/2014 162788 ZCOFTL FRIDLEY,LLC 20130 12, 517.82
609-9100-415.43-41 Ol/31/2014 FEB LEASE PMT 02/2014 12, 517.82
02/06/2014 162789 TOWMASTER, INC 20143 1,920.30
101-0000-144.00-00 O1/13/2014 SEAL KIT,WING CYL 354814 02/2014 1, 920.30
02/06/2014 162790 TITAN MACHINERY 20159 ���•$�
101-0000-144.00-00 O1/02/2014 STEP SUPPORT 2874128 02/2014 275.00
101-0000-144.00-00 O1/21/2014 MUFFLER 2989373 02/2014 502 .87
02/06/2014 162791 TRAV'S OUTFITTER 20172 109.99
101-0668-435.42-17 Ol/27/2014 CARHART JACKET-SMALL 21617 02/2014 109.99
02/06/2014 162792 UNIQUE PAVING MATERIALS 21001 1,000.00
601-7000-415.42-22 12/19/2013 PD SHORT COLD MIX WTR BRK CK#162575 13/2013 1,000.00
02/06/2014 162793 UNITED BUSINESS MAIL 21064 735.23
101-0000-135.00-00 Ol/25/2014 POSTAGE 02/2014 4 .41
83
PREPARED 02/06/2014, 13:57:03 A/P CHECKS BY PERIOD AND YEAR PAGE 16
PROGRAM: GM350L
CITY OF FRIDLEY FROM Ol/20/2014 TO 02/07/2014 BANK CODE 00
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CHECK CHECK CHECK
DATE NUMBER VENDOR NAME VENDOR # AMOUNT
------------------------------------------------------------------------------------------------------------------------------------
ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT
------------------------------------------------------------------------------------------------------------------------------------
101-0220-415.43-32 O1/25/2014 POSTAGE 02/2014 60.07
101-0223-415.43-32 O1/25/2014 POSTAGE 02/2014 18.38
101-0331-415.43-32 Ol/25/2014 POSTAGE 02/2014 121.90
101-0332-415.43-32 O1/25/2014 POSTAGE 02/2014 2.50
101-0440-425.43-32 O1/25/2014 POSTAGE 02/2014 123 .15
101-0550-425.43-32 O1/25/2014 POSTAGE 02/2014 30.51
101-0668-435.43-32 O1/25/2014 POSTAGE 02/2014 24 .12
101-0661-435.43-32 Ol/25/2014 POSTAGE 02/2014 54.77
101-0770-455.43-32 O1/25/2014 POSTAGE 02/2014 55.66
101-0770-455.43-32 O1/25/2014 POSTAGE 02/2014 1.91
101-OS80-465.43-32 Ol/25/2014 POSTAGE 02/2014 30.07
101-0881-465.43-32 O1/25/2014 POSTAGE 02/2014 76.46
101-0882-465.43-32 O1/25/2014 POSTAGE 02/2014 39.48
225-0000-415.43-32 O1/25/2014 POSTAGE 341001 02/2014 .29
237-0000-415.43-32 O1/25/2014 POSTAGE 341001 02/2014 4 .85
270-0771-455.43-32 O1/25/2014 POSTAGE 341001 02/2014 36 .63
601-7000-415.43-32 O1/25/2014 POSTAGE 341001 02/2014 49.78
609-9100-415.43-32 O1/25/2014 POSTAGE 341001 02/2014 .29
02/06/2014 162794 VALLEY-RICH CO INC 22006 8, 050.28
601-7000-415.43-40 12/23/2013 REPAIR WTR MAIN BREAKS 19654,19609 13/2013 8, 050.28
02/06/2014 162795 VINOCOPIA, INC 22023 1,354.25
609-0000-181.00-00 Ol/31/2014 JAN-WINE 02/2014 1,327.25
609-9100-415.43-51 O1/31/2014 JAN-FREIGHT 02/2014 27.00
02/06/2014 162796 W.S.B. & ASSOCIATES INC 23012 4,398.00
603-7500-415.43-30 12/31/2013 SPRBRK WEIRS PROJ 5 13/2013 2,716.00
603-7500-415.43-30 12/31/2013 STONYBRK PROJ DRAINAGE 4 13/2013 202.00
101-0661-435.43-30 12/31/2013 TRANS IMP TH65&TH47 3 13/2013 1,480.00
02/06/2014 162797 WINE MERCHANTS 23045 346.28
609-9100-415.43-51 O1/31/2014 JAN-FREIGHT 02/2014 2 .28
609-0000-181.00-00 O1/31/2014 JAN-WINE 02/2014 344 .00
02/06/2014 162798 WATER CONSERVATION SERVICE, IN 23059 2,091.84
601-7000-415.43-40 Ol/24/2014 LEAK LOCATES 4588 02/2014 2, 091.84
02/06/2014 162799 WIRTZ BEVERAGE MINNESOTA BEER, 23092 26, 963 .74
609-0000-182.00-00 O1/31/2014 JAN-BEER 02/2014 21,584 .54
609-0000-157.00-00 Ol/31/2014 JAN-BEER 02/2014 5,379.20
02/06/2014 162800 WIRTZ BEVERAGE WINE & SPIRITS 23095 28,631.81
609-0000-180.00-00 O1/31/2014 JAN-LZQUOR 02/2014 19,573.81
609-0000-181.00-00 O1/31/2014 JAN-WINE 02/2014 1, 043 .00
609-9100-415.43-51 O1/31/2014 JAN-FREIGHT 02/2014 206.43
609-9200-415.43-51 O1/31/2014 JAN-FREIGHT 02/2014 77.15
609-0000-155.00-00 Ol/31/2014 JAN-LIQUOR 02/2014 7, 651.42
609-0000-156.00-00 Ol/31/2014 JAN-WINE 02/2014 80.00
02/06/2014 162801 XCEL ENERGY 24002 Zg.gq
101-0666-435.43-38 O1/27/2014 UTILITIES 399241877 02/2014 29.84
84
PREPARED 02/06/2014, 13:57:03 A/P CHECKS BY PERIOD AND YEAR PAGE 17
PROGRAM: GM350L
CITY OF FRIDLEY FROM O1/20/2014 TO 02/07/2014 BANK CODE 00
------------------------------------------------------------------------------------------------------------------------------------
CHECK CHECK CHECK
DATE NUMBER VENDOR NAME VENDOR # AMOUNT
-------------------------------------- -----------------------------------------------------------------------
ACCOUNT # TRN DATE DESCRIPTION INVOICE PO # PER/YEAR TRN AMOUNT
------------------------------------------------------------------------------------------------------------------------------------
02/06/2014 162802 YALE MECHANICAL INC 25003 3, 362 .27
101-0660-415.43-40 12/21/2013 REPAIRS-EXHAUST FAN 145936 13/2013 347.00
101-0660-415.43-40 12/21/2013 MAINT CHNG BELTS 144400 13/2013 3,015.27
02/06/2014 162803 YOCUM OIL COMPANY 25015 6,305 .40
101-0000-141.00-00 O1/16/2014 FUEL 605024 02/2014 6,305.40
02/06/2014 162804 TODD ZIMBA 26024 123 .25
227-0000-415.43-40 O1/18/2014 CHORES/MORE EMERGENCY FND 02/2014 74 .50
227-0000-415.43-40 Ol/18/2014 CHORES/MORE 02/2014 48.75
02/06/2014 162805 B D INVESTORS 99999 57.40
601-0000-245.00-00 02/03/2014 UB REFUND-1051 Hathaway 175675-477350 02/2014 57.40
02/06/2014 162806 ANDERSON, DOUGLAS C 99999 49.55
601-0000-245.00-00 02/03/2014 UB REFUND-Final Overpmt 7075-450360 02/2014 49.55
02/06/2014 162807 PREUS, MARILYN G 99999 66.61
601-0000-245.00-00 02/03/2014 UB REFUND-Final Overpmt 48735-491610 02/2014 66 .61
02/06/2014 162808 CLOVER MANAGEMENT 99999 3,275 .34
601-0000-245.00-00 02/03/2014 UB REFUND-Final Overpmt 101355-452640 02/2014 2, 018 .10
601-0000-245.00-00 02/03/2014 UB REFUND-Final Overpmt 101355-452650 02/2014 1,257.24
DATE RANGE TOTAL * 1,002,649.43 *
85
: CITY COUNCIL MEETING OF
FEBRUARY 10, 2014
�°� BUSINESS LICENSE LIST
TYPE OF LICENSE: APPLICANT: APPROVED BY:
Solicitor Window Concepts of Minnesota Public Safety Director
291 Eva Street, St. Paul
Andrew Gallagher
Nyla Grzybowski
Mark Haugen
Roxanne Seib
Ton Vavricka
Temporary Lawful Gambling Stevenson PAWS Association Public Safety Director
6080 E River Road City Clerk
Raffle April 12,2014
Fridley Historical Society Public Safety Director
611 Mississippi Street City Clerk
Sue Meyers,Event Chair
Raffle April 26,2014
Hayes PTO Public Safety Director
615 Mississippi Street NE City Clerk
Bobbie Sargent,Event Chairperson
Raffle/Bin o March 15,2014
86
� AGENDA ITEM
CITY COUNCIL MEETING OF FEBRUARY 10, 2014
'°1Y°� LICENSES
FRIDLE1f
Contractor T e A licant A roved B
Bob's Heatin and Air Heatin Bob Ho oboom Ron Julkowski,CBO
Flare Heatin and Air Conditionin Heatin Joshua Schindele Ron Julkowski,CBO
Joel Smith Heatin &AC Inc Heatin Adeana Anderson Ron Julkowski,CBO
Joel Smith Heatin &AC Inc Gas Adeana Anderson Ron Julkowski,CBO
Jomac Mechanical LLC Heatin Joe McNamee Ron Julkowski,CBO
Lakeview Construction Inc Commercial or Marc Delsman Ron Julkowski,CBO
- S ecialt
Pierce Refri eration Heatin Trisha Rustad Ron Julkowski,CBO
Sieco Construction Inc Commercial or Steve Olin Ron Julkowski,CBO
� S ecialt
87
� AGENDA ITEM
CITY COUNCIL MEETING OF FEBRUARY 10, 2014
cmr oF ESTI MATES
fltDLEY
Sunram Construction
20010—75�'Avenue N.E.
Corcoran, MN 55340
Springbrook Nature Center Weir Project No. 410
Estimate No. 1 ........................................................................................ $17,907.50
Blackstone Contractors, LLC
7775 Corcoran Trail East
Corcoran, MN 55340
Oak Glen Creek Erosion Control Project No. 380
EstimateNo. 1 ....................................................................................... $70,080.79
88
i AGENDA ITEM
�oF CITY COUNCIL MEETING OF FEBRUARY 10, 2014 ''
FRIDLEY
Date: February 5,2014
To: Walter T.Wysopal,City Manager
From: Scott Hickok,Community Development Director
Julie Jones,Planning Manager '�,
Stacy Stromberg,Planner
- Subject: Consideration of Resolution to Amend SP#93-10 for 505 Fairmont Street
� Background
At the January 27,2014 City Council meeting,the City Council held and continued a public hearing to
review a special use permit for Mobile Maintenance,located at 505 Fairmont Street. The owner of the
business, Steve Witzel,and staff were directed to meet prior to the next City Council meeting,and Council
suggested that the business owner bring forth written recommendations of how he could resolve the storage
and parking violations that have been reoccurring on the site.
Staff inet with Mr.Witzel on February 4 to review the history and specifics of the special use permit. Mr.
Witzel presented staff with a list of actions he plans to take to prevent subsequent violations,but staff felt
more needed to change on the site to prevent parking encroachments onto 513 Fairmont Street. Staff
informed Mr.Witzel that code requires now,and required back at the time of his permit,that curbing be
installed around his parking areas and the outside storage area. Mr.Witzel explained that the outside storage
area is not paved as staff had assumed. In reviewing the details of the 1993 case,it was evident that the
Planning Commission changed the stipulations of the permit from staff's original recommendations by
removing the paving requirement for the outside storage area. In reviewing the minutes of those meetings in
- detail,however,there appeared to be no discussion or allowance for Mr.Witzel to have an exemption from
curb and gutter requirements for the additional pavement he was required to install on the west side of the
property.
Mr.Witzel had proposed at the City Council public hearing to install curb stops on the west parking area on
his site,but staff has not allowed any other business in the City to use this temporary solution when code
requires 6"high curb and gutter. Mr.Witzel could,however,explore other storm water treatment BMPs that
may allow an exemption to standard curbing when other means of storm water treatment are installed on a s
site.Any alternative to standard curbing will need to be approved by staff.
Staff also took this opportunity to review other zoning requirements for the C-1 zoned property and gave Mr.
Witzel a copy of the code and the special use permit file contents.
Recommendation
Staff recommends that the City Council,rather than revoking this special use permit,modify the stipulations
, of SP#93-10 to add a seventh stipulation to require Mr.Witzel to install curb and gutter on the west side of
his property at 505 Fairmont Street NE within 2 years. Code requires the curbing to be placed 5' inside the
west property line,which will ensure that trucks cannot encroach accidentally onto the neighboring
89
residential lot,which could be developed in the future with a house on it.If that occurs,the owner of 505 ,
Fairmont Street should be required to install a screening fence or landscaping or both as code requires. Staff
is not proposing installation of the code required screening in this situation,however,as Mr. Witzel owns the
adjacent lot and uses it for snow storage. Staff advises that Mr.Witzel plant a row of evergreen shrubs or
trees to screen headlights if he ever plans to sell the adjacent lot at 513 Fairmont Street rather than use it for
snow storage.
Staff also agreed that it would be permissible for Mr. Witzel to move the storage shed at 513 Fairmont inside
the approved fenced outside storage area.
90
��
� Mobile
Maiatenance Inc
�
: �
YOU CAN COUNT ON US!!
Seruice u�ith a Srni�el
� e
V
_ February 4,2014
Attn:Ms.Julie Jones
City of Fridley, Planning Manager
Fridley Municipal Cente�
6431 University Avenue
Fridley,MN 55432
Plan of Action:
1) Provide notice to both new and existing employees stating that no storage is aliowed on 513
Fairmont Street or outside fenced storage area at 505 Fairmont Street.
2) Provide notice to both new and existing employees stating that no personal or company parking
- is atlowed on Fairmont Street.
3j Provide notice encouraging employees to take company vehicles home.
- 4) Reduce number and size of vehicles parked on site.
5) Remove shed from 513 Fairmont Street.
6j lmplement 1-4 above immediately and remove shed within 6 rnonths.
Sincerely,
5tephen K.Witzel
Owner,513 and 505 Fairmont
President,Mobile Maintenance,Inc.
505 Northeast Fairmont Street o Minneapoiis, Minn� 55432 • (763) 784-7710 • FAX (763) 784-�417
� AGENDA ITEM
arroF CITY COUNCIL MEETING OF FEBRUARY 10, 2014
FRIDLEY
Date: February 7,2014
To: Walter T.Wysopal,City Manager
From: Scott Hickok,Community Development Director
Julie Jones,Planning Manager
Stacy Stromberg,Planner
Subject: Consideration of Resolution to Revoke SP#93-10 for 505 Fairmont Street
Background
Since the public hearing to consider the attached resolution was continued at the January 27 City Council
meeting,it is required to appear under Old Business on the February 10 City Council agenda. Staff is now
recommending a different resolution that amends the special use permit SP#93-10 for 505 Fairmont Street.
In addition to the newly drafted resolution listed under New Business on the agenda,the City Council needs
to clarify the record by also acting on the continued resolution to revoke SP#93-10.
Recommendation
Staff recommends that the City Council make a motion to deny approval of the attached resolution to revoke
SP#93-10 regarding outside storage of materials and equipment at 505 Fairmont Street NE if they agree with
staff's recommendation to instead amend the stipulations of the existing permit.
92
RESOLUTION NO.2014-
A RESOLUTION REVOKING SPECIAL USE PERMIT#93-10 TO HAVE
EXTERIOR STORAGE OF MATERIALS IN A C-1 ZONING DISTRICT AT THE
PROPERTY GENERALLY LOCATED AT 505 FAIRMONT ST NE
WHEREAS,Chapter 462 of Minnesota Statutes authorizes the City of Fridley to create
zoning ordinances that regulate the use of land in order to protect the public's health,
safety, morals, and general welfare; and
WHEREAS,on July 19, 1993, the City of Fridley issued special use pernut SP#93-10
for exterior storage of materials and equipment at 505 Fairmont Street NE, legally
described in Exhibit A, subject to six stipulations; and
_ WHEREAS,to date, stipulation#6 of SP#93-10 has been repeatedly violated over the
past five years. In addition,the business on site has repeatedly violated the parking
requirements of the City, parking vehicles on the street or off the pavement; and
WHEREAS,City Zoning Code Section 205.OS.S.G requires the City Council to revoke a
special use permit, following a public hearing,when there is failure to comply with any
and all conditions and stipulations of the issued permit;
NOW,THEREFORE BE IT RESOLVED,that based on current conditions,the City
Council of the City of Fridley hereby revokes the special use pernut SP#93-10 for
exterior storage of materials at 505 Fairmont Street.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF
FRIDLEY THIS DAY OF ,2014.
_ Scott J. Lund, Mayor
ATTEST:
Debra A. Skogen, City Clerk
93
Exhibit A
Revocation of SP#93-10 for Exterior Storage
Mobile Maintenance,505 Fairmont Street NE Fridley,MN 55432
Lots 9 and 10, Block I, Riverview Heights; subject to easement of record.
94
` AGENDA ITEM
arroF CITY COUNCIL MEETING OF FEBRUARY 10, 2014
FRIDLEY
Date: February 5,2014
To: Walter T. Wysopal,City Manager
From: Scott Hickok,Community Development Director
Julie Jones,Planning Manager
Stacy Stromberg,Planner
Subject: Consideration of Resolution to Amend SP#93-10 for 505 Fairmont Street
� Background
After hearing public testimony on January 27 and February 10 regarding the revocation of special use permit
(SUP) SP#93-10 for outside storage of materials and equipment for the property located at 505 Fairmont
Street,the City Council must memorialize their resulting action in the form of a resolution for the record.
Recommendation
Staff recommends that the City Council approve the attached resolution to amend the stipulations on special
use permit SP#93-10 to allow outside storage of materials and equipment at 505 Fairmont Street NE. The
proposed amendment gives the business owner two years to install the curb and gutter that code would have
required in 1993 when the permit was originally issued.
In addition,staff recommends that the business owner be allowed to move the storage shed at 513 Fairmont
Street into the approved outside storage area on 505 Fairmont Street.A deadline of April 15,2014 for the
shed relocation is recommended due to the cunent snow cover on the site.
95
RESOLUTION NO.2014-
A RESOLUTION AMENDING SPECIAL USE PERMIT#93-10 FOR EXTERIOR
STORAGE OF MATERIALS IN A C-1 ZONING DISTRICT AT THE
PROPERTY GENERALLY LOCATED AT 505 FAIRMONT ST NE
WHEREAS,Chapter 462 of Minnesota Statutes authorizes the City of Fridley to create
zoning ordinances that regulate the use of land in order to protect the public's health,
safety, morals, and general welfare; and
WHEREAS,on July 19, 1993, the City of Fridley issued special use permit SP#93-10
for exterior storage of materials and equipment at 505 Fairmont Street NE, legally
described in Exhibit A, subject to six stipulations; and
WHEREAS,repeated parking and outside storage violations over the past five years -
required the City to consider revocation of SP#93-10; and
WHEREAS,City Zoning Code Section 205.OS.S.G requires the City Council to revoke a
special use permit, following a public hearing,when there is failure to comply with any
and all conditions and stipulations of the issued permit; and
WHEREAS,the Fridley City Council held a public hearing on January 27, 2014, which
was continued to February 10 to consider solutions to the repeated violations;
NOW,THEREFORE BE IT RESOLVED,that the City Council of the City of Fridley
hereby agrees to maintain special use permit SP#93-10 for exterior storage on the
property located at 505 Fairmont Street and amends the stipulations of SP#93-10 to
include a seventh stipulation as shown in Exhibit B.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF
FRIDLEY THIS DAY OF ,2014. -
Scott J. Lund, Mayor
ATTEST:
Debra A. Skogen, City Clerk
96
Exhibit A
Revocation of SP#93-10 for Exterior Storage
Mobile Maintenance,505 Fairmont Street NE Fridley,MN 55432
Lots 9 and 10, Block I, Riverview Heights; subject to easement qf record.
97
Exhibit B
Stipulations for SP#93-10, a Special Use Permit for Outside Storage at the property
generally located at 505 Fairmont Street NE,Fridley,MN
1. Landscaping will be installed in the existing planting area adjacent to the
driveway into the building by January 19, 1994.
2. A green area eight feet wide will be created between the two curb cuts on
Fairmont Street NE by January 19, 1994.
3. The screening fence will be completed by January 19, 1994.
4. The remaining front yard will be paved by July 1, 1996.
5. The storage area shall be used to store materials and equipment which are directly
related to Mobile Maintenance and shall not include hazardous chemicals or
contaminants, or any vehicles which are not street operable and currently
licensed. The petitioner has until July 1, 1994 to remove the boat currently located
in the storage area.
6. There shall be no exterior storage of materials and equipment outside of the
storage area. -
7. Curb and gutter shall be installed on the western end of the parking area according
to code requirements as far as setback and materials by February 10, 2016.
98
� AGENDA ITEM
� CITY COUNCIL MEETING OF FEBRUARY 10, 2014
CffY OF
FRDLEY
Date: January 3, 2014
To: WalterT. Wysopal, City Manager
From: Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
' Subject: Resolutions Approving Vacation Request,SAV#14-01, by Trident Development, LLC and
the City of Fridley's HRA
ANALYSIS
Roger Fink of Trident Development, LLC and the City's HRA are "�� � ° � �'f" '
jointly requesting a Street and Alley Vacation in order to -_ _�`�`'��,�'' * � �°- �
_ „ ...'r..•
_ : ,�,. �
accommodatethe � y. �_. . } _- t ��
redevelopment of the � -- =_ "� � �` � !��� _ , �
� 1' . �
properties located at - -, _ = -� _:� � � - •#:�- - �
_ �»�
5831, 5865, 5895, - - ` ,, $�� '!: .v,,; ,��_ ��
5905, 5925, 5943, " "" � � �' .� �` '
_.�
6005, 6041, 6061,a nd � ___ �,,;`�»�_ � �1 � �``° .,` ,.
6071 University � t - � �" - �
,, .'
Avenue, known as, � ----- t -`� ,:�� ��' ', � �. �y�*�; -
� � '_ _
"Gateway Northeast". �. � ----.- -� �. - �
y ` �. -"'�,;t
� � -- -- ,� �� � .3�. �? �.,� �� �
� x
A portion of 60`� � .�-�" ��„�a:-_ ����-� � ,��� �",o
�, ,
Avenue from the s�„-� nu�wE N� - - ""'
�:,. �_ ,,� { r :
UniversityAvenue � ���ti.� �. �__ � _ ;;�_
t .
Service Drive to the � � , ----� � '_'� i �
� .���-, . ���=. . � �� �,
.�. ' �.:
alley on the east side ' ' �`- � - . � -- .._ - �""�
_ . _,�,. : , :
of the properties listed =3 _ _ � ���•��;' - i � 3_ � u !^�� �
above is proposed to � - � , ( - ''-��
� ��' _ _� ,�,., � a� -- -, h�
be vacated. The City's ,p� ' ' .��� � �y_ : �:�' i �,���, ' ��, �
,
HRA is the property t � '` � _ �*_^�� � � �t � h �`- �
a -- �,
owner on both sides of � • ! ��� �, �� �,
� `^ . ;�, =a. p= ��
the 60`h Avenue right- ' "" ! ± - � 5 - °' ,
of-way and they are in favor of the request. � �i` �.: �, � .� ��ca�;
..�.�i"r i'
. ( ;' � �.+��+�"� ' ��� „�t�a�.�
The alley that is proposed to be vacated is to the east of the subject
properties listed above and south of vacated 59t"Avenue. Since the Planning Commission meeting,staff
is suggesting that instead of vacating the entire 12 ft. alley,that only the west 6 ft. of the alley be
vacated. The west 6 ft. of the alley is all the proposed project needs to be successful. Current Code
99
requires that the City needs to receive written approval from 100%of the neighboring property owners
before a right-of-way can be vacated. The neighboring property owners have received notification of
the proposed vacation request; however 100%of the signatures haven't been received. Staff will
continue to work with the neighbors to see if all the signatures can be received to vacate the east 6 ft. of
the alley. If that is achieved,staff will bring that vacation request along with the vacation of the
University Avenue Service Drive before the Planning Commission and City Council.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission reviewed the proposed vacation request at theirJanuary 15, 2014 Planning
Commission meeting. After a brief discussion,the Commission recommended approval.
THE MOTION CARRIED UNAMIOUSLY.
S�AFF RECOMMENDATION
City Staff recommends approval of the attached resolutions for SAV#14-01.
100
' City of Fridley Land Use Application
MP#14-01,TOD#14-01 &SAV#14-01 January 15, 2014
GENERAL INFORMATION SPECIAL INFORMATION
Applicant: 1886-Lot is platted.
Trident Development LLC 1989—Building constructed(Alanon).
Roger Fink 2009—Building demolished.
3601 18th Street SOUth 5943/5945 Universitv Avenue:
St. Cloud MN 56301 1886—Lot is platted.
1958—Garage constructed.
Requested Action: 1986—Garage demolished.
TOD Master Plan 2001—New building constructed(Van-O-Lite).
S-2 Master Plan 2009—Building demolished.
Vacate at portion of 60`h Ave and the west half of 6005 Universitv Avenue:
the alley south of vacated 59th Avenue. 1886—Lot is platted.
Location: 1950—Garage constructed.
5831, 5865,5895, 5905, 5925, 5943, 6005, 6041, 2009—Building demolished.
_ 6061, 6071 University Avenue. 6041 Universitv Avenue:
1886—Lot is platted.
Existing Zoning: Building constructed per-1949
All properties zoned S-2, Redevelopment District. 2009—Building demolished.
Size: 6061 Universitv Avenue:
Approximate size of entire area to be developed: 1886—Lot is platted.
385,941 sq.ft. 8.86 acres 1955—Building constructed.
Existing Land Use• 2011—Building demolished.
Vacant land (commercial buildings have beeri torn 6071 universitv Avenue:
1886—Lot is platted.
down). 1957—Building constructed(Service station).
Surrounding Land Use&Zoning: 2009—Building demolished.
N: Vacant Commercial building&C-2 SUMMARY OF REQUEST
E: Single Family& Duplexes& R-1&R-2 The petitioner, Roger Fink of Trident Development,
S: Townhomes&S-2 LLC, is requesting a S-2 Master Plan and a TOD
W: University Avenue and ROW Master Plan to allow for the development of the
Comprehensive Plan Conformance: "Gateway NE" properties,which are generally
Future Land Use Map designates this area as located along University Avenue Service Drive,east
. Redevelopment. of University Avenue,from 58th Avenue to 615t
Legal Description of Property: Avenue,with the construction of 3 new multi-family
. See attached in packet. residential buildings.
Zoning History: The petitioner along with the City's HRA is also
5831 Universitv Avenue: seeking to vacate a portion of 60th Avenue and the
1957—�ot is platted. west half of the alley south of vacated 59t''Avenue
1967—Building constructed(Restaurant). to accommodate the "Gateway NE"development.
2011—Building demolished. STAFF RECOMMENDATION
5865 University Avenue:
1957—�ot is platted. City Staff recommends approval of the S-2 and TOD
1968—Building constructed(Restaurant). Master Plan, with stipulations.
2009—Building demolished. ■ Meets the purpose of the TOD Overlay District.
5895 Universitv Avenue: ■ Meet the goals highlighted in Comp. Plan.
1957—Lot is platted. ■ Provides additional housing opportunities.
1969—Building constructed(Restaurant). City Staff recommends approval of the street and
2013-Building demolished(Vet Clinic). plley vacation request with stipulations.
' S905 Universitv Avenue: CITY COUNCIL ACTION/60 DAY ACTION DATE
1886& 1957—Lot is platted. City Council—February 10, 2014
1972—Building constructed(Restaurant). 60 Day Date—February 25, 2014
2011—Building demolished.
5925 Universitv Avenue: Staff Report Prepared by: Stacy Stromberg
101
Land Use Applications
S-2 Master Plan #14-01, TOD Master Plan #14-01
and SAV #14-01
THE REQUEST
Roger Fink of Trident Development, LLC, is � �� ,,,.�_ , .. _.-�r* ,�
requesting three land use items to allow for the -
redevelopment of the properties located at 5831, E � r �` _
.
5865, 5895, 5905, 5925, 5943, 6005, 6041, 6061, �.� �������� }'�� � �,?�_ .
and 6071 University Avenue, known as, "Gateway `�' '�'' ;��;, f° �, ��`�'
�y.
Northeast°. 'x. °' , ,,;�.
-��°.' � � ao., ,�
1. S-2 Master Plan–These properties were ��° '' c � �� � �
�. .� �, • .
rezoned in 2012 from G2 General 4'"� �` • `�" �� �.
Business to S-2 Redevelopment District i= o� ��� � y° ��
to accommodate future redevelopment. �'�� ;�'�� , ,°
ro 1'� ° �
Once there is a development plan for the • �"e� ;�,,6 � '�
properties,an S-2 Master Plan needs to qvE _� � ��` ' _ �_ ";
be reviewed and approved by the City � � � L�
Council before development can start on f�,.,��.= �_ ; � � '� s�r., "� � e
site. r, ' `";��-" � � »
Y�."� , � ,� � ..
Gateway NE '"'
2. TOD Master Plan–These properties are � � ,k a
within the TOD Overlay District, so a TOD Properties �;i �: t , '
Master Plan also needs to be reviewed :� ��` � �
and approved by the City Council before d ` ;-�°,= ��: R—
4
development can start. �_� � - –� �
`'4"t �3 `, � � -
3. Street and Alley Vacation–In order to avE r�, , � ' ��
accommodate the redevelopment of the ����` �..0 � s � �
subject properties,a portion of 60tn �� � '�
Avenue from the University Avenue r � �� .�, � � '�s •
Service Drive to the alley on the east side 1 "'"'� _�, �, ;'�
of the subject properties. The west half '`.'�� Y�,� � ° �
of the alley is also proposed to be ����� - LL �, �ess
,.,, �� g._
vacated that is to the east of the subject T�,,y�,, ,_� }
properties and south of vacated 59th � �' "_ �
Avenue. - t s�o �+�� � '=sx�,
W
+�Jr�� � 991 � ��, �
Z ,
�.! �a:. � w �
At a later date,a vacation request will be � � s►ss � � � ��
submitted for the University Avenue '� � �6s . �, ���s ,
� ��
Service Drive. � � ., � � �'
�t , � Q c,�+ +• �
�,' -�s�,,• � ; `n- f�
The petitioner is asking for approval of the above m0� ' �� _ � �. ;��
requested land use items to allow the � ` '"� ; , ��' °°�•
construction of a hased ro'ect for a multi- � " " �` �` �
p p 1 , x_`".. �. � ', s� �r..;r.
family apartment community,to be called �F� H F��* A ' ' °-- „J
"Cielo". The project will include(3)separate � � „ � � ' "` �° �'�
buildings with the Phase 1 building starting on � 4� ..�_�.�._������' �r��
� _} �
102
the corner of University Avenue and 615`Avenue. Phase 2 and Phase 3 buildings will continue
south on the remaining properties. There will be covered and surface parking available for all
(3) buildings as well as the installation of new landscape features and storm water treatment.
SITE DESCRIPTION AND HISTORY
The subject properties are approximately 8.86 acres in size total and front on the University
Avenue Service Drive from 58th Avenue to 615L Avenue. They were originally developed mainly
in the 1950's and 1960's for commercial uses, restaurant and gas stations. When access was
limited as a result of upgrading Universi#y Avenue,several of the businesses began to suffer and
as a result significant vacancies occurred and the buildings became blighted. The City and the
HRA have wished to redevelop this area for a number of years and consequently,the HRA
started to acquire some of the properties in 2006,after being approached by property owners
wanting to sell their obsolete retail buildings. Acquisitions of the properties concluded in 2013
and demolition of the properties was done in three phases. The first phase of demolition was
started in late 2009,the second phase took place in 2011,and the last building that was
purchased in 2013 (Vet Clinic),was also demolished that same year. The HRA currently owns all
of properties involved in these land use requests.
- Prior to demolition of the buildings, resolutions were adopted determining that certain parcels
are occupied by structurally substandard buildings and were to be included in a tax increment
financing district. To acquire and prepare the site for reuse,the HRA has spent over$4.5
Million. The properties have a value, depending on its reuse, between$1-2 million. It is this
difference of$2.5-3.5 Million that will be paid from the tax increment financing district. If it
wasn't for the availability of tax increment to pay for acquisition, demolition, relocation,
environmental remediation, infrastructure, and site preparation this project would not proceed.
In 2007,the HRA partnered with the Corridor Housing Initiative to brainstorm, collaborate and
develop some plans for the future of the subject properties. The buildings proposed by the
petitioner are of the similar height and scale as those buildings the neighbors and other
residents designed for the site at that time. Below are two sketches of the buildings designed by
the residents.
- `.-!� '�.���
f,�,�'s � �' . '�.��s�, '
..,...a t�.�.� , �* � � a , �
� :,�``.� `°.ad ", � ��'�G^�t �<,:� -�, -
,.� r i «„y � ,
�t���� .1:. ����!::�:.�': , ���.3] �.--s, f
�y�fi��` i , �
%�^r�"'�S i:.�l�..���{4+'�Y����.` jt �3.-i-J►—�-{� � �+_.e�a�` C 1 Y.�.. �.�,Fi
�' �� � _ �. �,
In late 2011,the HRA hired Premier Commercial Partners to market the properties. In 2012,
there was interest from three different parties wanting to purchase all or at least portions of the
property for redevelopment. As a result,City Planning staff and the HRA decided it would be
beneficial to have the properties rezoned to the redevelopment district to give the potential
buyer/development more flexibility when designing a project. Since the rezoning approval,staff
has been working with the Trident Group to develop a plan that meets the goals of the HRA and
the City.
. 2
103
�"� "' ' Over the few months,City staff and the HRA have spent a great deal
,�,� � +.
- � of time working with Trident,their surveyor,the HRA's title company,
�� • Mn/DOT and Anoka County to identify and clean up the issues that
� �= � are always associated with plats that were recorded 130 years ago.
�
' - ++ The issues include alleyways that were vacated but not filed at the
� � County, Mn/DOT parcels that have been turned back to the City and
' , j �� other minor corrections that Anoka County is helping to fix. We
.$ �, ;� expect all of the title/plat issues to be resolved in time to allow for a
a,� e
:' ;' �� �d . !i transfer of property to the petitioner this spring.
_ ; .-, _ , � ,
� � ¢a j:• { s f�
i � ;; There have also been meetings with utility companies to identify
�� � :� locations of utilities,to ensure that existing utilities will be protected
� �� and review new locations for any and all utilities.
i
I + �� PROJECT DESCRIPTION
�r '� The proposed development,which will be called, "The Cielo", will
�
� • have a total of .
, ` ; „ �,,.,��.,�.�
, 265
��� � apartment " � �"�''
�
�' units, C`� � �
��Y�� � :
' contained in -�-;��
,; � �� �
i � (3) separate "�' � �
;
� , buildings. � �� r
� � '; z'r, Each building � °� �`� �i� ��
,,.
�� �� � �� is proposed to �,,,, ��,,� i � �� �►�'`
�� a j� be4-stories, . .',� �,,' ,`i.'- �°- ��:
�� � '• � ,,.
� ��i � with three ����� �+... ���� � ^ �
�
�! r stories of
�� 'i' � living above indoor,ground level parking. Two of the buildings
proposed have 104 units and the third building has 57 units.
! �' f`_ Buildings 1 and 2 will be connected to each other through a skyway.
� �� �� ;, Each building will have adequate parking and green space provided to
- ' accommodate the development.
• • ► •
,� ` �:
�„ �� The petitioner has designed the project with removal of the
,� �
�`�� • : : University Avenue Service Drive. A new private drive coming off of
� � '� i � 615i Avenue will be installed on the east side of the subject
�i '� : * ' properties,which will allow access to the project. The project will
���i ��.� �i i also receive access from 60th Avenue and on the south end of the site
+ �� � ; : from the Service Road connected to 57 %Avenue. The City is
' • �` currently working with Anoka County and Mn/DOT on the University
": : Avenue Service Road turn-back documents. Once staff has the
i �
� clarification needed on those documents,a street vacation request of
� ' t! the service road will be reviewed by the Planning Commission and
� : �
` x :• � a j Clty COUCICI�.
I � �� s � � � E�
a p
� } �� +� According to the petitioner, "due to the long, narrow shape of the
, �, j site,the buildings are positioned in a lineal fashion fronting the
' �= � { length of University Avenue. The buildings are situated
; ..
� _ • -
-�.� . 3
; � '' �;
�, �
104
approximately 90 ft. from the eastern property line,where the rear yards of the single family
homes are located. The surface parking is located on the east side of the building so as to not
be visible from University Avenue. A portion of the development will be green space which will
offer outdoor amenities such as walking trails, a picnic and grilling area and a gazebo. This open
space also allows for certain amount of storm water infiltrations. Sidewalks are also included in
the design, providing convenient pedestrian access to public sidewalks and to other areas of the
neighborhood."
S-2 MASTER PLAN AND TOD MASTER PLAN ANALYSIS
5-2 Master Plan
When any property is rezoned to 5-2 Redevelopment District, it requires that the accompanying
site plan become the Master Plan for the site. Once the S-2 Master Plan is approved by the City
Council, any modification to that approved master plan would require a Master Plan
Amendment. When this site was rezoned in 2012,a master plan wasn't developed and as a
result, "the plan"wasn't approved with the rezoning. This is the first master plan the City is
reviewing for the subject properties.
Review and Recommendation is also required by the HRA to the City Council before the master
- plan can be approved. The HRA has seen the plans for the proposed project and will formally
review this request at their February 6, 2014 meeting. To allow the HRA time to review this
application before it goes to the City Council,this item will go before the City Council on
February 10, 2014.
TOD Master Plan
The Planning Commission and City Council will recall that in 2011,the Transit Oriented
Development (TOD)
Overlay District was Subject Properties
approved. The subject
properties are within the �. _________����,�-�--- - � . ,, . .
TODOverlayDistrict. � ;���,-, ���a��,���,-;.•���,•,���,, � ,„ ����„u;����., ...��. -- �E�E�o -
� yt, �,
See map to the right,for --r� ��I � j^'"�r- ; _ '.?- : �� '—`, ,,;a �
the TOD district - � � ' - .-� F � `'`� c , ,.."�'.,":�
�� ' � �
- boundaries. _ ____�� . � ' -- � � I � � ,.,..�,.� I
, �� r n -�..,..w
;r , - ��.L- , � -
� . �� �_� � __.�... �
, `_ ,� �
� ! — ��� r
The purpose for the � __ ; i _;._r_ _ - y
adoption of the TOD : — '�-?�-���-'-- -� �„ ,�•
� : 1 i �— �� .
t
Overlay is to: �—= � '��� � - �; "°
-�,� � � ;4 ,.........�....
� I;�, i _ _ �- ,-�, �. •.n..
. / � .. �
; r :�_ � � v� . � � � � ,n
A. Implement code �� �•-.. , � -; �.
requirements that ,.' � � :~� - r �- __ _
.,..., I � �,�t_ �� �,=�-
will encourage ,•' ���, � , i :,�----� r��-� �ki j�-
� l C1i li�i`N�rr � T,� �
dense, mixed use, �• i' ;� ���`� � �l f 1Tf .�� �i�T�,�ll.l'.�_l i!1 �
pedestrian-friendly ' , � ' A --? -�`,'� ��
! ���^�_ --�i� , -.��',- �,T.
�<= u ��.� -y„
development within ;.' ��, I � � , �� �'�
a one-half mile of i�� �'�, � �'-= �
the Northstar � `Q� ""'�`--�-_---- - �E� , ,
ti..� �.,.
_ .,,
Commuter Rail - -------- ___1__.: ----- ----_---- ,
� Station in Fridley.
4
105
B. Create multi-modal connections to the Fridley Northstar Commuter Rail Station that allow
for safe access to the station no matter what means of transportation someone uses.
C. Create a neighborhood identity with the Northstar Station that promotes the use of mass
transit, human interactions,safety and livability.
D. Reduce automobile dependency by locating a variety of land uses within a half mile of the
train station.
E. Provide life cycle housing for people of different income levels and housing space needs
within one half mile of the train station.
The proposed development is the City's third TOD Overlay Master Plan request that aims to
achieve the desires the City set forth when creating this district. As a result,the project needs
to comply with the TOD standards that were designed to enhance the pedestrian scale and
safety of any particular development.The TOD Overlay allows for flexibility when designing a
redevelopment project that encourages dense, mixed use, pedestrian-friendly developments. It
was also created to minimize the use of the automobile by allowing reduction in parking
requirements, if certain conditions can be met and sidewalks are constructed.
Over the last 8 years the City's HRA has been purchasing and demolishing the dilapidated
buildings along this corridor of University Avenue to allow for future redevelopment. The -
petitioner has designed a project that meets the TOD standards that will enhance the
development and achieve what the City and HRA were hoping to see with redevelopment of this
land.
Below is table showing the new TOD development regulations and how the petitioner plans to
comply with them.
Standard Zoning/TOD Regulations The Cielo
Lot Coverage 40%-can be exceeded 28%for the entire development
where vehicle parking is
shared,underground, or
structured, provided all
landscaping requirements
are met.
Front Yard Maximum 15 ft. Approx.43 ft.from property line closest to '
Setback(Code 615Y Ave. The petitioner has left additional
requires the land area along the north side of the
narrowest street building to allow for an elevator and
frontage,61S` stairway building connection that could at
Avenue some point connect to a pedestrian skyway
assumed) across University Avenue.—This is
something City staff has identified as a
need in the community and would like to
further study.
Corner Lot Maximum 15 ft. 15 ft.—achieved.
Setback
(University
Avenue
assumed)
5
106
Standard ' Zoning/TOD Regulations The Cielo
Rear Yard As close as 15 ft. but can be Approx. 50 ft.to accommodate a drive aisle
Setback further out of the property and landscaping.
Height(R-3 65 ft., unless within 50 ft. of Overall height is 61 ft.
zoning) an R-1 or R-2 district. Building will be approx. 95. Ft.from the
neighboring residential properties.
Entrance Primary public street, University Avenue would be considered the
Orientation identified from the street primary street;the site plan submitted
with delineated elements, shows delineated elements that will
such as roof overhangs, achieve this requirement.
recessed entries,
landscaping.
Fa�ade Building 40 ft. in width or Achieved on all buildings proposed through ',
Articulation more shall be divided into vertical plane with the use of"bump-outs"
smaller increments. and "in-sets" as well as window placement
and balconies.
Building Face No blank walls facing the Achieved as proposed.
street,variations in detailing,
color and materials shall
exist on the building.
Door&Window Windows and door opening Achieved as proposed.
Openings shall comprise at least 50%
of the length of the main
floor of the primary street
fa�ade.
Loading dock Loading docks to be located n/a
in the rear or side yard and
screened from view of any
public right-of-way.
Building High quality materials,such Achieved as proposed. Through use of a
Materials as brick,stone,textured cast variety of different, maintenance-free
- stone, EFIS,or tinted exterior materials and colors. Materials
masonry. could include EIFS,cultured stone and
metallic panels.
Refuse& Common storage area, Achieved—will take place inside the
Recycling screened from the public building.
Storage right-of-way,enclosed inside
the building is encouraged.
Parking for 1%stalls per 1 bedroom, Building#1-Code requires 192 parking
Multi- plus%:stall per each stalls based on 44(1) bedrooms,48(2)
family/senior additional bedroom. bedrooms and 12 (3) bedrooms
building(R-3 188 stalls proposed. 85 stalls at grade and
zoning for multi- 99 garage stalls.
� family)
6
107
Standard Zoning/TOD Regulations The Cielo
Parking(TOD) No parking between the All parking takes place in the side or rear
front fa�ade and the primary yards.
street. Parking in the rear or The number of stalls is at 97%which
side yard only. achieves the number of stalls the TOD
Number of parking stalls requires.
shall not exceed 120%of the Reliance on vehicles is intended to be
minimum number of stalls limited in the TOD district with an emphasis
required by the underlying on the opportunities for multi-modal
zoning district. transportatiorr.
Bicycle Parking One space required for every 24 spaces needs to be made available
20 automobile spaces. based on number of parking stalls—
petitioner is aware of and plans to provide
sufficient spaces.
Drive Through n/a n/a
Services
Landscaping for Requires 1 tree for every Based on square footage of all (3) buildings,
Multi-Family(R- 1,000 sq.ft. of floor area or 1 107 trees are required. An additional 14
3 zoning) tree for every 50 ft. of site trees is required for each (15) parking stalls.
perimeter Total trees required is 121.
Also requires 1 tree for every
15 parking stalls.
Landscaping Requires that the Proposed plan shows 114 trees with shrubs,
(TOD) development follow the grasses and perennials incorporated
landscape requirements for throughout.
the underlying zoning A gazebo and picnic area is also proposed.
district; however,
substitutions can apply.
Substitutions can include:
shrubbery planting beds and
flower beds, decorative light
poles,sculptures, planters,
benches. -
Water Drip irrigation is encouraged; All green areas will be irrigation;drip
regular irrigation is required irrigation is encouraged where useful. -
for all other green areas.
Sidewalks Minimum 5 ft.width shall be 6 ft.sidewalks are situated throughout the
provided on all street entire development area. Crosswalks with
frontages. need to be identified upon building permit
Colorized pavement pattern application.
connecting the sidewalk on
each side of the driveway
shall be incorporated and
accessible.
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108
Standard Zoning/TOD Regulations The Cielo
Lighting Lighting plan and fixture Petitioner is aware and final design will
specification schedule shall occur prior to building permit.
be provided.
They shall also be
pedestrian-oriented.
Free-standing Only regulates electronic Petitioner plans to incorporate a
Sign (TOD) changeable signs and monument sign to identify the
encourages door and development.
window awnings.
Fencing Decorative fencing shall be A 6 ft. high decorative vinyl fence is being
the same color,type, and considered along the entire length of the
style used in adjacent TOD east property line.
streetscape or of similar
design approved by the City.
Outdoor Dining Outdoor dining can be Provided through outdoor picnic area and
incorporated into the front gazebo.
and side yard setback up to 5
ft.from the property line.
Farmers Market Parking areas may be used Could be incorporated in the future.
for Farmers Markets with a
City permit.
STREET AND ALLEY VACATION ANALYSIS
In order to accommodate the proposed development,a "�" A �
portion of 60th Avenue needs to be vacated as well the ?-_ _ �a°.� _; �'�;, �
�
west 6 ft. of a 12 ft. alley that is located south of vacated F ��, , :� _ ' �'-� � �� ' " �' "
�. �'�' �,�
59th Avenue. � --�" "
As stated -- � •�-�°� � �« � i ���� "�
---- �s�: �;� . �....�.��'{
above, at a _ _� _ _ -"�-;�` '. --..; �',�.,,�
later date, �+ � �.
the i — �, „ �,,.. � ,F � _ �rr a*�:�
_ �i� � �� �� ;
..+ .�„
petitioner �� �;.,�.� �' - � # '
and HRA will � --- `.,.ti :"e-- - --.� : ���"` ���: �:
bring before � ----- �Y � =i _ �k '
the Planning ' --- {M�. - � ��,��
. . �� ` -
Commission � � ;�� -.---- �� ��� � _ -� �� . .�� .¢
� ��.. '4. � ��,2�
and City ° __ '�°'
Council a 6�,�, A�..��iE. ����
- - �� t ;
� � 3^ � .;�"�
� �,.
street <.�,� ��`-$ - � � � �-�-- �'`� ' �
vacation :�, ��, -- � a ���,��. ; `- ��� +��'}
� �
requestfor � � , -- - �r -- ,���`� �` � a= ' u����..,,�,.._.:�,; �
the � - - ���,� � - P�
�, �C�`"r
University � - •� e� � -- --, �:
Avenue 4 - �� • � �f �� i�� =°° �•'�
'� ''
�.; _ ,�,,. ^ . ` ,
Service Road. ' � ' - 3 �, � -- } ; �' �..
� � �� N �� __ � - ' �
.. ` N� � t'� .�' �ZI '.... - '�. �, . t
If the portion � . - - -t - ` � +�: �; � �,;
of 60`h Avenue is vacated,the entire land area would be � � ,� ��� , � � `""��F'. .�
-.f:rti'., -
g
109
• turned over to the existing property owner,who is currently the HRA. There are several utilities
located within this right-of-way,so once vacated;the area will need to be retained as an
easement. The petitioner is planning to landscape this area and keep in open. They also plan to
construct a skyway from Building 1 to Building 2,which will go over the vacated 60`h Avenue, but
will allow enough room for utility companies to get access if need be.
Current Code requires that the City needs to receive written approval from 100%of the
neighboring property owners before a right-of-way can be vacated. The neighboring property
owners of the 12 ft. alley have received notified of the proposed vacation request; however
100%of the signatures haven't been received. Staff will continue to work with the neighbors to
see if all the signatures can be received to vacate the east 6 ft. of the alley. If that is achieved,
staff will bring that vacation request. However, at this time, city staff is suggesting vacation of
the west 6 ft. of the alley.
NEIGHBORHOOD MEETING
Trident Development, LLC is holding a neighborhood meeting at the Fridley City Community -
Center on Thursday January 9, 2014 at 6:00 p.m.
The petitioner noted to staff that 16 neighbors were in attendance at the neighborhood meeting �
and provided a summary of the meeting,which can be found in your packet.
STAFF RECOMMEDATION
City Staff recommends approval of the S-2 and TOD Master Plans, with stipulations.
• Meets the purpose of the TOD Overlay District.
• Proposed use meets the goals highlighted in the 2030 Comprehensive Plan.
• Provides additional housing opportunities.
City Staff recommends approval of the street and alley vacation request.
• This portion of 60th Avenue will be nicely incorporated into this development and is
not needed by the general public other than for utility purposes.
• Un-improved alley that is not used for access is of no benefit to the City and can be
better used by this project and the neighboring property owners.
STIPULATIONS FOR S-2 MASTER PLAN.MP#14-01 AND TOD MASTER PLAN.TOD#14-01
1. The property shall be developed in accordance with the master site plan for"The Cielo'; '
submitted by hma Architects, datedl/31/14.
2. The building shall be developed in accordance with the architectural exterior elevations
sheets for"The Cielo',submitted by hma Architects, dated 2/4/14.
3. The petitioner shall obtain all necessary permits prior to construction.
4. The petitioner shall meet a118uilding code, Fire code, and ADA requirements.
5. The petitioner shall ensure that the any signoge meet code requirements and shall
obtain a separate sign permit prior to installation.
6. Landscape plan to be reviewed and approved by City Staff prior to issuance of building
permit.
7. A buffer between the residential properties to the east and the proposed project,
through the use of a fence, landscaping or a combination of both shall be reviewed and
approved by City staff prior to issuance of a building permit. The petitioner shall install -
said buffer at the same time euilding#1 is constructed.
9
110
8. Replacement of chain link fence along the Mn/DOT right-of-way will be incorporated as
part of this project. The fence design and installation shall be agreed upon and
approved by Mn/DOT, the City's HRA, the City and fhe Developer and said agreement
shall be in place prior to issuance of a building permit for euilding#1.
9. City engineering staff to review and approve grading, drainage and utility plans prior to
issuance of building permits.
10. The petitioner shall pay all water and sewer connection fees prror to issuance of a
building permit.
11. All lighting in the development shall be shielded and downcast. Lighting shall be
provided through free-standing lighting that adequately illuminates the sidewalk.
12. All crosswalks shall be installed using a colorized pavement patrern when connecting the
sidewalk on each side of a driveway. All connections shall be accessible.
13. If the square footage of the footprinf of any of the buildings proposed changes by more
than 10%at that phase of the development, an 5-2 master plan and TOD master plan
amendment shall be required.
14. A Development Agreement outlininq the Developer's obligation to install utilities, etc.,
� will be prepared by the City and shall be signed by the Petitioner prior to issuance of a
building permit for Building#1.
STIPULATIONS FOR VACATION.SAV#14-01
City staff recommends approval of the alley and street vacation request for vacation of.•
60T"AVENUE NE—RIGHT OF WAY VACATION
That part of 60th Avenue NE, as dedicated in the plat of HYDE PARK,according to the
recorded plat thereof,Anoka County, Minnesota, lying easterly of a line drawn from the
southwest corner of Lot 16, Block 4, HYDE PARK,to the northwest corner of Lot 30,
Block 13, HYDE PARK,and lying westerly of a line drawn from the point of intersection of
the north line of said 60`h Avenue NE and the centerline of the vacated alley in Block 4,
said plat of HYDE PARK,to the point of intersection of the south line of said 60`h Avenue
NE and the centerline of vacated alley in Block 13,said plat of HYDE PARK.
ALLEY VACATION
• That part of the west half of the alley,as dedicated in the plat of BENNET-PALMER
ADDITION and in the plat of HYDE PARK,according to the recorded ptats thereof,Anoka
. County, Minnesota, lying southerly of the easterly extension of the north line of Lot 9,
Block 3,said plat of BENNET-PALMER ADDITION,and northerly of the easterly extension
of the south line of Lot 10, Block 4,said plat of BENNET-PALMER ADDITION.
That pursuant to Minnesota Statutes§ 160.29,Subd. 2,the City of Fridley reserves unto itself
and other utility providers, a permanent easement for drainage and utility purposes, over,
across,under and through 60`h Avenue NE and vacated alley,segments situate in the City of
Fridley,County of Anoka,State of Minnesota,to wit:
That part of 60th Avenue NE,as dedicated in the plat of HYDE PARK,according to the
recorded plat thereof,Anoka County, Minnesota, lying easterly of a line drawn from the
southwest corner of Lot 16, Block 4, HYDE PARK,to the northwest corner of Lot 30,
Block 13, HYDE PARK, and lying westerly of a line drawn from the point of intersection of
� the north line of said 60th Avenue NE and the centerline of the vacated alley in Block 4,
10
111
said plat of HYDE PARK,to the point of intersection of the south line of said 60th Avenue
NE and the centerline of vacated alley in Block 13,said plat of HYDE PARK.
and
That part of the west half of the alley,as dedicated in the plat of BENNET-PALMER
ADDITION and in the plat of HYDE PARK,according to the recorded plats thereof,Anoka
County, Minnesota, lying southerly of the easterly extension of the north line of Lot 9,
Block 3,said plat of BENNET-PALMER ADDITION,and northerly of the easterly extension
of the south line of Lot 10, Block 4,said plat of BENNET-PALMER ADDITION.
11
112
RESOLUTION NO.2014-
RESOLUTION VACATING AND RESERVING A PORTION OF 60TH AVENUE NE TO
ALLOW FOR THE REDEVELOPMENT OF THE ��GATEWAY COMMONS"
PROPERTIES,PETITIONED BY TRIDENT DEVELOPMENT, LLC AND THE CITY
OF FRIDLEY'S HOUSING AND REDEVELOPMENT AUTHORITY
WHEREAS, on December 13, 2013, Petitioners, Trident Development, LLC and the City
of Fridley's Housing and Redevelopment Authority, submitted a request for the vacation of a
portion of 60�'Avenue NE; and
WHEREAS, pursuant to City Charter Section 12.07 and City Code Section 205.05.7,
property owners of land abutting the portion of 60�' Avenue NE have been notified of the
• proposed vacation request and are in agreement; and
_ WHEREAS, notice of a public hearing concerning the requested vacation was duly
provided in accordance with City Code Section 205.05.07 and a public hearing was held on said
request at the Planning Commission meeting on January 15, 2014, at the City of Fridley City
Hall, 6431 University Avenue NE, Fridley, Minnesota; and
WHEREAS, at the City Council Meeting on February 10, 2014, the City Council of the
City of Fridley proceeded to hear all person interested in said vacation request and all persons
interested were afforded an opportunity to present their views and objections to the granting of
said Petition and the City Council considered the request for vacation of a portion of 60`�'Avenue
NE; and
WHEREAS, the City Council of Fridley has determined that the vacation would be in the
public interest; and
• WHEREAS, a copy of the RIGHT-0E-WAY VACATION EXHIBIT has been attached
hereto as E�ibit A; and
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF FRIDLEY,
MINNESOTA:
1. That the City of Fridley, pursuant to City Charter Section 12.07, City Code Section
205.05.7, and Minnesota Statutes 412.851, hereby vacates the street situate in the City
of Fridley, County of Anoka, State of Minnesota, to wit:
That part of 60`�'Avenue NE, as dedicated in the plat of HYDE PARK, according to
the recorded plat thereof,Anoka County, Minnesota, lying easterly of a line drawn
from the southwest corner of Lot 16, Block 4, HYDE PARK, to the northwest corner
of Lot 30, Block 13, HYDE PARK, and lying westerly of a line drawn from the point
. of intersection of the north line of said 60�'Avenue NE and the centerline of the
vacated alley in Block 4, said plat of HYDE PARK,to the point of intersection of the
113
south line of said 60�`Avenue NE and the centerline of vacated alley in Block 13,
said plat of HYDE PARK.
2. That pursuant to Minnesota Statutes § 160.29, Subd. 2, the City of Fridley reserves
unto itself and other utility providers, a permanent easement for drainage and utility I
purposes, over, across, under and through the vacated 60�`Avenue NE situate in the ',
City of Fridley, County of Anoka, State of Minnesota,to wit '
That part of 60�'Avenue NE, as dedicated in the plat of HYDE PARK, according to
the recorded plat thereof,Anoka County, Minnesota, lying easterly of a line drawn
from the southwest corner of Lot 16, Block 4, HYDE PARK, to the northwest corner
of Lot 30, Block 13, HYDE PARK, and lying westerly of a line drawn from the point
of intersection of the north line of said 60'�Avenue NE and the centerline of the
vacated alley in Block 4, said plat of HYDE PARK,to the point of intersection of the
south line of said 60�'Avenue NE and the centerline of vacated alley in Block 13, �
said plat of HYDE PARK.
Vacation is authorized with the following condition:
1. Vacation is conditional upon recording of the Gateway Commons Final Plat. Final
Street, drainage,utility easement will be incorporated into the final plat at the discretion
of the City Engineer.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
lOTH DAY OF FEBRUARY 2014.
SCOTT LUND—MAYOR
ATTEST: _
DEBRA A. SKOGEN—CITY CLERK
114
N Description Sketch for:
' TRIDENT DEVELOPMENT, LLC
EXHIBIT A �
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z Q 1� I Southwest corner of Lot I 6 6I
� O � � 16, Block 4, HYDE PARK
] � �
- Q � North line of 60th Avenue NE �
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� � � � 60TH AVENUE N.E. �
- Q >- °
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� z � South line of 60th Avenue NE- o w
� � � `�_Northwest corner of Lot 30, 6 6 °�
� � � Block 13, HYDE PARK �,.�
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' PRGl�OSED 607H AVFNUE NE— R/C,K1T L�Wi9Y t�ACA7IAN DESCR/P7ldYV.•
z That part of 60th Avenue NE, as dedicated in the plat of HYOE PARK, occording to the recorded plat
� thereof, Anoka County, Minnesota, lying easterly of a line drawn from the southwest corner of Lot 16,
s` Block 4, HYDE PARK, to the northwest corner of Lot 30, Block 13, HYDE PARK, ond lying westerly of a
line drawn from the point of intersection of the north line of said 60th Avenue NE and the centerline of
' the vocated alley in Block 4, said plat of HYDE PARK, to the point of intersection of the south line of
E soid 60th Avenue NE and the centerline of vacated alle in Block 13, said lat of HYDE PARK.
$ Y P
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- $ Carlson
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- � McCa�n
' GRAPHIC SCALE
ENVIRONMENTAL ^ENGINEERING ^SURVEYING O 1S 30 60
248 Apollo Dr,Suite 100,Lino Wkes,MN 55014 P/�/T/_G�1/�
' Phone:763-489-7900 Fax:763-489-7959 �� Proposed Vacotion Areo
674 4402_60th street vacation desc t� (IN FEET)
RESOLUTION NO. 2014 -
RESOLUTION VACATING AND RESERVING THE WEST HALF OF THE ALLEY AS
DEDICATED IN THE PLAT OF BENNET-PALMER ADDITION AND IN THE PLAT
OF HYDE PARK,LYING SOUTHERLY OF THE EASTERLY EXTENSION OF THE
NORTH LINE OF LOT 9,BLOCK 3, SAID PLAT OF BENNET-PALMER ADDITION,
AND NORTHERLY OF THE EASTERLY EXTENSION OF THE SOUTH LINE OF
LOT 10,BLOCK 4,SAID PLAT OF BENNET-PALMER ADDITION,GENERALLY
LOCATED SOUTH OF VACATED 59TH AVENUE TO ALLOW FOR THE
REDEVELOPMENT OF THE ��GATEWAY COMMONS"PROPERTIES,PETITIONED
BY TRIDENT DEVELOPMENT,LLC AND THE CITY OF FRIDLEY'S HOUSING
AND REDEVELOPMENT AUTHORITY
WHEREAS, on December 13, 2013, Petitioners, Trident Development, LLC and the City -
of Fridley's Housing and Redevelopment Authority, submitted a request for the vacation of a 12
foot alley located south of vacated 59�'Avenue NE; and
WHEREAS, in March 1956, a resolution was approved by the City Council to vacate the
aforementioned 12 foot alley; and
WHEREAS, also in March 1956, the final plat of the BENNET-PALMER Addition
erroneously received City Council approval to re-dedicate the same aforementioned 12 foot alley
located south of vacated 59�'Avenue NE; and
WHEREAS, this vacation request is intended to ratify the previous alley vacation and
rectify the erroneous March 1956 re-dedication in the BENNET-PALMER plat of the alley that
had just been vacated; and
WHEREAS, pursuant to City Charter Section 12.07 and City Code Section 205.05.7, all
property owners of land abutting the portion of the 12 foot alley have been notified, and the City -
has received no objections to the vacation; and
WHEREAS, the 12 foot alley is unimproved; and
WHEREAS, notice of a public hearing concerning the requested vacation was duly
provided in accordance with City Code Section 205.05.07 and a public hearing was held on said
request at the Planning Commission meeting on January 15, 2014, at the City of Fridley City
Hall, 6431 University Avenue NE, Fridley, Minnesota; and
WHEREAS, at the City Council Meeting on February 10, 2014, the City Council of the
City of Fridley proceeded to hear all person interested in said vacation request and all persons
interested were afforded an opportunity to present their views and objections to the granting of
said Petition and the City Council considered the request for vacation of the west half of the 12
foot alley located south of vacated 59�'Avenue NE; and _
116
I
WHEREAS, the City Council of Fridley ratifies the prior 1956 vacation of the alley and
has determined that the vacation would be in the public interest; and
WHEREAS, a copy of the ALLEY VACATION EXHIBIT has been attached hereto as
Exhibit A; and
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF FRIDLEY,
MINNESOTA:
1. That the City of Fridley, pursuant to City Charter Section 12.07, City Code Section
205.05.7, and Minnesota Statutes 412.851, hereby ratifies the prior vacation and
hereby vacates the alley situate in the City of Fridley, County of Anoka, State of
Minnesota, to wit:
< That part of the west half of the alley, as dedicated in the plat of BENNET-PALMER
ADDITION and in the plat of HYDE PARK, according to the recorded plats thereof,
Anoka County, Minnesota, lying southerly of the easterly extension of the north line
� of Lot 9, Block 3, said plat of BENNET-PALMER ADDITION, and northerly of the
easterly extension of the south line of Lot 10, Block 4, said plat of BENNET-
PALMER ADDITION.
2. That pursuant to Minnesota Statutes § 160.29, Subd. 2,the City of Fridley reserves
unto itself and other utility providers, a permanent easement for drainage and utility
purposes, over, across,under and through the vacated alley situate in the City of
Fridley, County of Anoka, State of Minnesota,to wit:
That part of the west half of the alley, as dedicated in the plat of BENNET-PALMER
ADDITION and in the plat of HYDE PARK, according to the recorded plats thereof,
Anoka County, Minnesota, lying southerly of the easterly extension of the north line
of Lot 9, Block 3, said plat of BENNET-PALMER ADDITION, and northerly of the
- easterly extension of the south line of Lot 10, Block 4, said plat of BENNET-
PALMER ADDITION.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
IOTH DAY OF FEBRUARY 2014.
SCOTT LUND—MAYOR
ATTEST:
DEBRA A. SKOGEN—CITY CLERK
117
N Description Sketch for:
TRIDENT DEVELOPMENT, LLC
EXHIBIT A
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That part of the west half of the alley, as dedicated in the I �� I
plat of BENNETT-PALMER ADDITION and in the plat of HYDE ��r
PARK, according to the recorded plats thereof, Anoka County, � — �j � U I v %� `t
Minnesota, lying southerly of the easterly extension of the north I
line of Lot 9, Block 3, said plat of BENNETT-PALMER ADDITION, - - -
and northerly of the eosterly extension of the south line of Lot I � _ '
10, Block 4, soid plat of BENNETT-PALMER ADDIiION. �; - - - �
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� AGENDA ITEM
� CITY COUNCIL MEETING OF FEBRUARY 10, 2014
cmr oF
FRIDLEY
Date: February 3, 2014
To: Walter T. Wysopal, City Manager
From: Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
Subject: Resolution approving an S-2 Master Plan, MP#14-01,Trident Development, LLC
ANALYSIS
Roger Fink of Trident Development, LLC, is requesting a S-2, Redevelopment District Master Plan to allow
for the redevelopment of the properties located at 5831, 5865, 5895, 5905, 5925, 5943, 6005, 6041,
6061, and 6071 University Avenue, known as, "Gateway Northeast".
These properties ` `` "'"'��
were rezoned in ± _ - _._. . .�w.,.._.�..T a ..._._---_. . _ _ _,.,.� ...____
4�,t s
2012 from G2 '
— -- -� -- — -- -- --
Bus nesls to S-2 �� ,� � � ,�� „ �� ,� „ „ � '� ``
f._ �,
Redevelopment �-- � --� -- —� -- ' -- �
District to �� ,� � �� ;• �� „ ��� „ � ,� I �' �
accommodate : `
M w. fY� �� �I��• �� N I�w �� + T ..�
future �'_ �,,' `�;'� '� � �,'. �I� -� �,. � ��+��" � ' '
redevelopment. � : �.,-�=- � �� , ''�
-� � °
Once there is a �'" �r� �■ �� '�� ��.�. ■�
development ' `� '� '� � T --°� '� � ��_-
� �.. _
;.:��, � .
plan for the
properties,an S-2 Master Plan needs to be reviewed and approved by the City Council before
development can start on site.
The 5-2, Redevelopment District Master Plan is being requested to allow the construction of a phased
project for a multi-family apartment community,to be called "Cielo". The project will include(3)
separate buildings with the Phase 1 building starting on the corner of University Avenue and 615t
Avenue. Phase 2 and Phase 3 buildings will continue south on the remaining properties. There will be
covered and surFace parking available for all (3) buildings as well as the installation of new landscaping
and storm water treatment.
PLANNING COMMISSION RECOMMENDATION
At the lanuary 15, 2014, Planning Commission meeting, a public hearing was held for MP#14-01. After
119
a brief discussion,the Planning Commission recommended approval of Master Plan Amendment, MP
#14-01,with the stipulations as presented by staff.
THE MOTION CARRIED UNANIMOUSLY.
UPDATES SINCE THE PLANNING COMMISSION MEETING
Since the Planning Commission meeting on January 15,2014,the petitioner has modified the site plan
and building elevations to response to input they received from City staff,the neighborhood meeting
and the Planning Commissioners.
Those revisions include changes to the access points and traffic patterns within the development. The
petitioner has widened the drive aisle by adding a left turn and right turn lane when existing to 615t
Avenue from the development. They've also extended the stacking area for vehicles leaving the
development. These modifications will help to alleviate potential congestion when exiting the site.
Their engineer has also performed a turning analysis to demonstrate clear access for fire apparatus
without interference by the center island and proposed monument signage. The City's Fire Department
has approved this plan modification.
The modified plan also shows a "roundabout"traffic feature at the 60`h Avenue intersection,as -
opposed to the"T" intersection that was originally proposed. This added feature was suggested by the
City to provide a terminus for City snow plows and it will also provide a clear designation from public
right-of-way to private roadway. The petitioner likes the additional feature to also help slow down
internal traffic within the development. The"roundabout" meets the standards of the City Engineer.
The developer was asked by some of the neighbors if 60"'Avenue could terminate into the
neighborhood. Staff has had discussions on this and has determined that this additional entrance to the
neighborhood is needed to provide an additional egress/ingress to the development for both residents
and emergency vehicles.
The site plan has been modified to show a 7 ft. privacy fence that will be installed along the eastern
property line of the development. The plan calls for two-foot jogs in the fence line every 25 ft.to create
visual interest and to improve the stability of the fence.
The petitioner has also noted in his letter to the City that the ornamental fence along University Avenue -
south of the subject property will be extended as part of this project to 615t Avenue. Though it isn't
shown on the submitted plans,the petitioner has stated it will be shown on the final construction plans. -
The modifications that have been made to the site plan satisfy many of the comments brought for by
staff and the neighborhood and further enhance the project.
PLANNING STAFF RECOMMENDATION
City Staff recommends concurrence with the Planning Commission.
STIPULATIONS
1. The property shall be developed in accordance with the master site plan for"The Cielo',
submitted by hma Architects, datedl/31/14.
2. The building shall be developed in accordance with the architectural exterior elevations sheets
for"The Cielo';submitted by hma Architects, dated 2/4/14.
3. The petitioner shall obtain all necessary permits prior to construction.
4. The petitioner shall meet all euilding code, Fire code, and ADA requirements.
120
5. The petitioner shall ensure that the any signage meet code requirements and shall obtain a
separate sign permit prior to installation.
6. Landscape plan to be reviewed and approved by City Staff prior to issuance of building permit.
7. A buffer between the residential properties to the east and the proposed project, through the use
of a fence, landscaping or a combination of both shall be reviewed and approved by City staff
prior to issuance of a building permit. The petitioner shall install said buffer at the same time
Building#1 is constructed.
8. Replacement of chain link fence along the Mn/DOT right-of-way will be incorporated as part of
this project. The fence design and installation shall be agreed upon and approved by Mn/DOT,
the City's HRA, the City and the Developer and said agreement shall be in place prior to issuance
of a building permit for Building#1.
9. City engineering staff to review and approve grading, drainage and utility plans prior to issuance
of building permits.
10. The petitioner shall pay all water and sewer connection fees prior to issuance of a building
permit.
� 11. All lighting in the development shall be shielded and downcast. Lighting shall be provided
through free-standing lighting that adequately illuminates the sidewalk.
- 12. All crosswalks shall be installed using a colorized pavement pattern when connecting the
sidewalk on each side of a driveway. All connections shall be accessible.
13. If the square footage of the footprint of any of the buildings proposed changes by more than
10%at that phase of the development, an S-2 master plan and TOD master plan amendment
shall be required.
14. A DevelopmentAgreementoutlining the Developer's obligation to install utilities, etc., will be
prepared by the City and shall be signed by the Petitioner prior to issuance of a building permit
for euilding#1.
121
City of Fridley Land Use Application �
MP#14-01,TOD#1401&SAV#14-01 January 15, 2014
GENERAL INFORMATION SPECIAL INFORMATION
Applicant: 1886-Lot is platted.
Trident Development LLC 1989—Building constructed(Alanon).
Roger Fink 2009—Building demolished.
3601 18th Street South 5943/5945 Universitv Avenue:
St. Cloud M N 56301 1886—Lot is platted.
1958—Garage constructed.
Requested Attion: 1986—Garage demolished.
TOD Master Plan 2001—New building constructed(Van-O-Lite).
5-2 Master Plan 2009—Building demolished.
Vacate at portion of 60th Ave and the west half of 6005 Universitv Avenue:
the alley south of vacated 59th Avenue. 1886—Lot is platted.
Location• 1950—Garage constructed.
5831, 5865,5895, 5905,5925, 5943,6005, 6041, 2009—Building demolished.
6061, 6071 University Avenue. 6041 Universitv Avenue:
1886—Lot is platted. °
Existing Zoning: Building constructed per-1949
All properties zoned S-2, Redevelopment District. 2009—Building demolished.
Size: 6061 Universitv Avenue:
Approximate size of entire area to be developed: 1886—�ot is platted.
385,941 sq.ft. 8.86 acres 1955—Building constructed.
Existing Land Use: 2011—Building demolished.
Vacant land(commercial buildings have been torn 6071 Universitv Avenue:
1886—Lot is platted.
down). 1957—Building constructed(Service station).
Surrounding Land Use&Zoning: 2009—Building demolished.
N: Vacant Commercial building&C-2 SUMMARY OF REQUEST
E: Single Family& Duplexes& R-1&R-2 The petitioner, Roger Fink of Trident Development,
S: Townhomes&S-2 LLC, is requesting a S-2 Master Plan and a TOD
W: University Avenue and ROW Master Plan to allow for the development of the
Comprehensive Plan Conformance: "Gateway NE" properties,which are generally
Future Land Use Map designates this area as located along University Avenue Service Drive,east
Redevelopment. of University Avenue,from 58th Avenue to 615t _
Legal Description of Property: Avenue,with the construction of 3 new multi-family
See attached in packet. residential buildings. _
Zoning History: The petitioner along with the City's HRA is also
5831 Universitv Avenue: seeking to vacate a portion of 60th Avenue and the
1957—�ot is platted. west half of the alley south of vacated 59th Avenue
1967—Building constructed(Restaurant). to accommodate the"Gateway NE" development.
2011—Building demolished. STAFF RECOMMENDATION
5865 Universitv Avenue:
1957—Lot is platted. City Staff recommends approval of the 5-2 and TOD
1968—Building constructed(Restaurant). Mpster Plan, with stipulations.
2009—Building demolished. ■ Meets the purpose of the TOD Overlay District.
5895 Universitv Avenue: ■ Meet the goals highlighted in Comp. Plan.
1957—Lot is platted. ■ Provides additional housing opportunities.
1969—Building constructed(Restaurant). City Staff recommends approval of the street and
2013-Building demolished(Vet Clinic). plley vacation request with stipulations.
5905 Universitv Avenue: CITY COUNCIL ACTION/60 DAY ACTION DATE
1886&1957—Lot is platted. City Council—February 10, 2014
1972—Building constructed(Restaurant).
2011—Building demolished. 60 Day Date—February 25, 2014 .
5925 Universitv Avenue: Staff Report Prepared by: Stacy Stromberg
122
- Land Use Applications
S-2 Master Plan #14-01, TOD Master Plan #14-01
and SAV #14-01
THE REQUEST
Roger Fink of Trident Development, LLC, is
, ��. ,,,..� .�'!' ,..��*, .. �:
requesting three land use items to allow for the ��;�-:_ .-
E � r �,
redevelopment of the properties located at 5831, �.�, � � � y -
5865, 5895, 5905,5925, 5943, 6005, 6041, 6061, ��(.� � � a ' � �,•��
�� E ;� �Y6+
and 6071 University Avenue, known as, "Gateway � ° � � ~ `, ���' �
Northeast". "� � T� ,,,� �M°
�� �,
�.. �. �
1. S-2 Master Plan-These properties were �'�°�; _� �, , �� �, ,�
rezoned in 2012 from G2 General �' !� r . '+ sa, �
Business to 5-2 Redevelopment District �� � ��� �� �:�
to accommodate future redevelopment. �!,!�� k=�" �� -
� � '
Once there is a development plan for the � �;� ; ,�i,.�� � ' '�`, �
properties,an 5-2 Master Plan needs to 5vE ry� � ' ' ' �� '
- be reviewed and approved by the City � � , ��'��� �
Council before development can start on ��'�` �. � � � � ss� �;'" E
site. �''�`-}��r�: � ;� �.
"��' �ss1 � �1.
2. TOD Master Plan-These properties are Gateway NE o�,
within the TOD Overlay District, so a TOD Properties ,;��.,� �` °'
s•.,
Master Plan also needs to be reviewed � ��'' ' �
and approved by the City Council before � � ' �'; �R"`
development can start. ��'��� �� - ---������-�`
r !�p, � �os_1�
3. Street and Alley Vacation-In order to a�E:-�, ��, � �
accommodate the redevelopment of the ���� �es: � �'"� '`
tn � � } �
subject properties, a portion of 60 �_ x ; � �t . ,.�,. �`
Avenue from the University Avenue f�;. ,�'�. � ' �'
Service Drive to the alley on the east side �ti; - TM =�
� �. � . �; �
of the subject properties. The west half � ��; F� � � '
_ of the alley is also proposed to be ' �: LL
M Q, t--
vacated that is to the east of the subject ��_ , �_'
properties and south of vacated 59th k�� .�;�� �� �
Avenue. � r s�o �.�'. �� ,sK►,
�
.,� ;� �'. seoi F Z ' �
At a later date,a vacation request will be �°` s�as � �� ° a
submitted for the University Avenue '�_ � �,ss � �. ' y���� '
Service Drive. � �a, � � �'
�� La!
�� �,ns ��.�," �,�.."' )'
The petitioner is asking for approval of the above ?��'�� �` a�zs ��� �
� 3 e�,. ���, .
requested land use items to allow the � `' '�� _ � � '� °`�`,
n a �
construction of a phased project for a multi- � ,� " s� � �,,,� ��
family apartment community,to be called � �i -H p�. t °t ���•....•:�
"Cielo". The project will include(3)separate ,` � N �+ � � � ±�` �'�
�
buildings with the Phase 1 building starting on �;� �,LS-.t.�_�t- ��f� '�� ':�,_
� �
r�.� �.•.�.
LL .,.. _
123
the corner of University Avenue and 615t Avenue. Phase 2 and Phase 3 buildings will continue
south on the remaining properties. There will be covered and surface parking available for all
(3) buildings as well as the installation of new landscape features and storm water treatment.
SITE DESCRIPTION AND HISTORY
The subject properties are approximately 8.86 acres in size total and front on the University
Avenue Service Drive from 58th Avenue to 615t Avenue. They were originally developed mainly
in the 1950's and 1960's for commercial uses, restaurant and gas stations. When access was
limited as a result of upgrading University Avenue,several of the businesses began to suffer and
as a result significant vacancies occurred and the buildings became blighted. The City and the
HRA have wished to redevelop this area for a number of years and consequently,the HRA
started to acquire some of the properties in 2006,after being approached by property owners
wanting to sell their obsolete retail buildings. Acquisitions of the properties concluded in 2013
and demolition of the properties was done in three phases. The first phase of demolition was
s#�rted in late 2009,the secass�!p!�se�ook place in 2011,and the last b�s'sldis�g�l�a�v�aas
purchased in 2013 (Vet Clinic),was also demolished that same year. The HRA currently owns all
of properties involved in these land use requests. '
Prior to demolition of the buildings, resolutions were adopted determining that certain parcels -
are occupied by structurally substandard buildings and were to be included in a tax increment
financing district. To acquire and prepare the site for reuse,the HRA has spent over$4.5
Million. The properties have a value,depending on its reuse, between$1-2 million. It is this
difference of$2.5-3.5 Million that will be paid from the tax increment financing district. If it
wasn't for the availability of tax increment to pay for acquisition, demolition, relocation,
environmental remediation, infrastructure,and site preparation this project would not proceed.
In 2007,the HRA partnered with the Corridor Housing Initiative to brainstorm,collaborate and
develop some plans for the future of the subject properties. The buildings proposed by the
petitioner are of the similar height and scale as those buildings the neighbors and other
residents designed for the site at that time. Below are two sketches of the buildings designed by
the residents.
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In late 2011,the HRA hired Premier Commercial Partners to market the properties. In 2012,
there was interest from three different parties wanting to purchase all or at least portions of the
property for redevelopment. As a result,City Planning staff and the HRA decided it would be
beneficial to have the properties rezoned to the redevelopment district to give the potential
buyer/development more flexibility when designing a project. Since the rezoning approval,staff
has been working with the Trident Group to develop a plan that meets the goals of the HRA and
the City.
2
124
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Over the few months, City staff and the H � ` ; • �e working with 3
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125
Trident,their surveyor,the HRA's title company, Mn/DOT and Anoka County to identify and
clean up the issues that are always associated with plats that were recorded 130 years ago. The
issues include alleyways that were vacated but not filed at the County, Mn/DOT parcels that
have been turned back to the City and other minor corrections that Anoka County is helping to
fix. We expect all of the title/plat issues to be resolved in time to allow for a transfer of property
to the petitioner this spring.
There have also been meetings with utility companies to identify locations of utilities,to ensure
that existing utilities will be protected and review new locations for any and all utilities.
PROJECT DESCRIPTION
The proposed development,which will be called, "The Cielo", will have a total of 265 apartment
units, contained in (3)
separate �;� � � � � ° buildings. Each
building is ' �,!y ' proposed to be 4-
stories,with ' � three stories of
living above - , �r � indoor,ground
level parking. ."�' � .. Two of the
_,
buildings -` �xf� : ��, ! �r proposed have 104
units and the ,� '''"� .�" �i�R '; third building has
57 units. � c � �� �.� Buildings 1 and 2
will be �° '� �`�x'; connected to each
,,
, . . .,'...,, .� �
otherthrough ����-�'��`"�`� }� � L' ��� �� � � ' ask wa Each
Y Y•
building will have adequate
parking and green space provided to accommodate the development.
The petitioner has designed the project with removal of the University Avenue Service Drive. A
new private drive coming off of 615Y Avenue will be installed on the east side of the subject
properties,which will allow access to the project. The project will also receive access from 60tn
Avenue and on the south end of the site from the Service Road connected to 57%Avenue. The
City is currently working with Anoka County and Mn/DOT on the University Avenue Service Road
turn-back documents. Once staff has the clarification needed on those documents, a street
vacation request of the service road will be reviewed by the Planning Commission and City
Council.
According to the petitioner, "due to the long, narrow shape of the site,the buildings are
positioned in a lineal fashion fronting the length of University Avenue. The buildings are
situated approximately 90 ft.from the eastern property line, where the rear yards of the single
family homes are located. The surface parking is located on the east side of the building so as to
not be visible from University Avenue. A portion of the development will be green space which
will offer outdoor amenities such as walking trails, a picnic and grilling area and a gazebo. This
open space also allows for certain amount of storm water infiltrations. Sidewalks are also
included in the design, providing convenient pedestrian access to public sidewalks and to other
areas of the neighborhood."
5-2 MASTER PLAN AND TOD MASTER PLAN ANALYSIS
S-2 Master Plan
When any property is rezoned to S-2 Redevelopment District, it requires that the accompanying
site plan become the Master Plan for the site. Once the S-2 Master Plan is approved by the City
4
126
Council, any modification to that approved master plan would require a Master Plan
Amendment. When this site was rezoned in 2012, a master plan wasn't developed and as a
result, "the plan"wasn't approved with the rezoning. This is the first master plan the City is
reviewing for the subject properties.
Review and Recommendation is also required by the HRA to the City Council before the master
plan can be approved. The HRA has seen the plans for the proposed project and will formally
review this request at their February 6, 2014 meeting. To allow the HRA time to review this
application before it goes to the City Council,this item will go before the City Council on
February 10, 2014.
TOD Master Plan
The Planning Commission and City Council will recall that in 2011,the Transit Oriented
Development (TOD)
Overlay District was Subject Properties
approved. The subject
- properties are within the ___—
- - - -:-
TOD Overlay District. 1iii0i•'�^°^�tOi� ��t I I) � I I i t 1�111)Uinli�it � •^�?i .. EGEND j
_ See map to the right for �� �I{� � ''� ��`����1` � ,°� ��
theTODdistrict - I '' 1�� � ' - � f~R \��� C� .,.,.�,.
_ r� ---r}, � _ i �
boundaries. - �--�----�--T� . , '�_' _�=�;� ; ;1_ - , f� �
� �
� � : - �- � � �...� �
The purpose for the � ; , � -�' �--�� _ � ��
� --- -
: _ ...
�
adoption of the TOD : —" -- -1-�: '--- ' -� � -°M.
__ -.
� - , , �_ � ..�
�
Overlay is to: ��-r�� _!�t�r. _ �;, �_..���....
_,
i � I i �. ,o-+.
� -,���i:� i- �.. �
� . .�
A. Implement code � " -` �"�
,
; ,�; ,y�"k-
requirements that : � � =- r __� ;_
%-�.� f��a� �r ��. 1�?' ,..
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will encourage '" �' j ���� �+�- � �-� �
% �Iitl, 11 i N rr T'':�' ��
dense, mixed use, ; ? , � � rr�; �111..1,;I�����
pedestrian-friendly � � � ' , ` :�;i . �E ,�`-1
���
development within i� � ' +, - ��-'� ` "'
, �� r �
a one-half mile of � �=
the Northstar � `�'' ----=�- ------- __ �-�!.4-' ,.,., . .
_ u;�...
Commuter Rail
-- — __ _S ___ r_, , ^�,.
Station in Fridley.
B. Create multi-modal connections to the Fridley Northstar Commuter Rail Station that allow
for safe access to the station no matter what means of transportation someone uses.
C. Create a neighborhood identity with the Northstar Station that promotes the use of mass
transit, human interactions,safety and livability.
D. Reduce automobile dependency by locating a variety of land uses within a half mile of the
train station.
E. Provide life cycle housing for people of different income levels and housing space needs
within one half mile of the train station.
The proposed development is the City's third TOD Overlay Master Plan request that aims to
achieve the desires the City set forth when creating this district. As a result,the project needs
to comply with the TOD standards that were designed to enhance the pedestrian scale and
safety of any particular development.The TOD Overlay allows for flexibility when designing a
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127
redevelopment project that encourages dense, mixed use, pedestrian-friendly developments. It
was also created to minimize the use of the automobile by allowing reduction in parking
requirements, if certain conditions can be met and sidewalks are constructed.
Over the last 8 years the City's HRA has been purchasing and demolishing the dilapidated
buildings along this corridor of University Avenue to allow for future redevelopment. The
petitioner has designed a project that meets the TOD standards that will enhance the
development and achieve what the City and HRA were hoping to see with redevelopment of this
land.
Below is table showing the new TOD development regulations and how the petitioner plans to
comply with them.
Standard Zoning/TOD Regulations The Cielo
Lot Coverage 40%-can be exceeded 28%for the entire development
where vehicle parking is
shared, underground, or
structured, provided all
landscaping requirements
are met.
Front Yard Maximum 15 ft. Approx.43 ft.from property lirie closest to
Setback(Code 615Y Ave. The petitioner has left additional
requires the land area along the north side of the
narrowest street building to allow for an elevator and
frontage,615` stairway building connection that could at
Avenue some point connect to a pedestrian skyway
assumed) across University Avenue.—This is
something City staff has identified as a
need in the community and would like to
further study.
Corner Lot Maximum 15 ft. 15 ft.—achieved.
Setback
(University
Avenue _
assumed)
Standard Zoning/TOD Regulations The Cielo
Rear Yard As close as 15 ft. but can be Approx. 50 ft. to accommodate a drive aisle
Setback further out of the property and landscaping.
Height (R-3 65 ft., unless within 50 ft. of Overall height is 61 ft.
zoning) an R-1 or R-2 district. Building will be approx. 95. Ft.from the
neighboring residential properties.
Entrance Primary public street, University Avenue would be considered the
Orientation identified from the street primary street;the site plan submitted
with delineated elements, shows delineated elements that will
such as roof overhangs, achieve this requirement.
recessed entries, "
landscaping.
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128
Fa�ade Building 40 ft. in width or Achieved on all buildings proposed through
Articulation more shall be divided into vertical plane with the use of"bump-outs"
smaller increments. and "in-sets" as well as window placement
and balconies.
Building Face No blank walls facing the Achieved as proposed.
street,variations in detailing,
color and materials shall
exist on the building.
Door&Window Windows and door opening Achieved as proposed.
Openings shall comprise at least 50%
of the length of the main
floor of the primary street
fa�ade.
Loading dock Loading docks to be located n/a
' in the rear or side yard and
screened from view of any
_ public right-of-way.
Building High quality materials,such Achieved as proposed. Through use of a
Materials as brick,stone,textured cast variety of different, maintenance-free
stone, EFIS,or tinted exterior materials and colors. Materials
masonry. could include EIFS,cultured stone and
metallic panels.
Refuse& Common storage area, Achieved—will take place inside the
Recycling screened from the public building.
Storage right-of-way, enclosed inside
the building is encouraged.
Parking for 1%stalls per 1 bedroom, Building#1-Code requires 192 parking
Multi- plus%2 stall per each stalls based on 44(1) bedrooms,48(2)
family/senior additional bedroom. bedrooms and 12 (3) bedrooms
building(R-3 188 stalls proposed. 85 stalls at grade and
- zoning for multi- 99 garage stalls.
family)
Standard Zoning/TOD Regulations The Cielo
Parking(TOD) No parking between the All parking takes place in the side or rear
front fa�ade and the primary yards.
street. Parking in the rear or The number of stalls is at 97%which
side yard only. achieves the number of stalls the TOD
Number of parking stalls requires.
shall not exceed 120%of the Reliance on vehicles is intended to be
minimum number of stalls limited in the TOD district with an emphasis
required by the underlying on the opportunities for multi-modal
zoning district. transportation.
Bicycle Parking One space required for every 24 spaces needs to be made available
20 automobile spaces. based on number of parking stalls—
petitioner is aware of and plans to provide
_ ,�
129
sufficient spaces.
Drive Through n/a n/a
Services
Landscaping for Requires 1 tree for every Based on square footage of all (3) buildings,
Multi-Family(R- 1,000 sq.ft. of floor area or 1 107 trees are required. An additional 14
3 zoning) tree for every 50 ft. of site trees is required for each (15) parking stalls.
perimeter Total trees required is 121.
Also requires 1 tree for every
15 parking stalls.
Landscaping Requires that the Proposed plan shows 114 trees with shrubs,
(TOD) development follow the grasses and perennials incorporated
landscape requirements for throughout.
the underlying zoning A gazebo and picnic area is also proposed.
district; however,
substitutions can apply.
Substitutions can include:
shrubbery planting beds and -
flower beds, decorative light
poles, sculptures, planters, _
benches.
Water Drip irrigation is encouraged; All green areas will be irrigation;drip
regular irrigation is required irrigation is encouraged where useful.
for all other green areas.
Sidewalks Minimum 5 ft.width shall be 6 ft. sidewalks are situated throughout the
provided on all street entire development area. Crosswalks with
frontages. need to be identified upon building permit
Colorized pavement pattern application.
connecting the sidewalk on
each side of the driveway
shall be incorporated and
accessible.
Standard Zoning/TOD Regulations The Cielo
Lighting Lighting plan and fixture Petitioner is aware and final design will
specification schedule shall occur prior to building permit.
be provided.
They shall also be
pedestrian-oriented.
Free-standing Only regulates electronic Petitioner plans to incorporate a
Sign (TOD) changeable signs and monument sign to identify the
encourages door and development.
window awnings.
Fencing Decorative fencing shall be A 6 ft. high decorative vinyl fence is being
the same color,type,and considered along the entire length of the
style used in adjacent TOD east property line.
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130
streetscape or of similar
design approved by the City.
Outdoor Dining Outdoor dining can be Provided through outdoor picnic area and
incorporated into the front gazebo.
and side yard setback up to 5
ft.from the property line.
Farmers Market Parking areas may be used Could be incorporated in the future.
for Farmers Markets with a
City permit.
STREET AND ALLEY VACATION ANALYSIS
In order to accommodate the proposed development,a ���`. �=�1 !�'
portion of 60`h Avenue needs to be vacated as well the -- ^°- � >'� -" • �
...'! �Y.... , e ..s. � �.� �°
west 6 ft. of a 12 ft. alley that is located south of vacated � : a. r
59th Avenue. , d� — ��'
As stated —— — ��' "'�M'' � t �}` :�'� � s
� above,at a =---_ �,`� :�. ` ! �' § � ��`,'�
—� — -•— e - --'r ' '`"
later date, �• -.� ' �,;;� �° �
}, _� � .�. ,#. _ °�`;
- the "' . ' � ,
— � ` r. �y � , �
� : � �.. ,-•, „ �
petitioner __ . *.�..� � v ..`�"� ���_ "" "" �
and HRAwill --- — —9�� — �-
§ �� �r
bring before ------ ' `� " � � " ���
�° �
the Planning � — _ _.:- � �. �"
�.
� �� w �z — ' • .
Commission ; ,s ----- " � � � � ,., � +... �
and City ,, _;� , � � " -- �s.;� — --", .�. _
�«�,. . � � t �,—
Council a =. �bt�+ n+��uE NE °� .;��,�
street f ' �
.1w+v't'� � '�— �— �, �° � '� ;'.
vacation i r - _� „ .�� �_ � ��'�' r �;. ��
re uestfor "=— — �f -_ _ • s_ ' u. 'x� :�'�,. . �
q ._ ��_ �
� ,
the g ,;�; ..��, `'� _ —
�
University � '�, ,� � '�,,� .,.,..� _� � .,,� ��
� ^` �`� '� iN �,;� � �
Avenue , � _ �'` , ;�' � ,, i �
�.:�,
- Service � %' `r�,�, : . `r` �
Road. � — -�` k � � � i- � '�t'.,: `�
�� � �� �, � � __ ¢
�'�. �4�..a. .w�.,,».`... ti . � . i�.,"� f� ..
, .a.. ' � �A M�. _ � 4 1�`
If the portion of 60`"Avenue is vacated,the entire land � � F ,��'�t '� �A' "
. Y.�. .- ..��4
area would be turned over to the existing property owner,
who is currently the HRA. There are several utilities located within this right-of-way, so once
vacated;the area will need to be retained as an easement. The petitioner is planning to
landscape this area and keep in open. They also plan to construct a skyway from Building 1 to
Building 2,which will go over the vacated 60th Avenue, but will allow enough room for utility
companies to get access if need be.
Current Code requires that the City needs to receive written approval from 100%of the
neighboring property owners before a right-of-way can be vacated. The neighboring property
owners of the 12 ft. alley have received notified of the proposed vacation request; however
100%of the signatures haven't been received. Staff will continue to work with the neighbors to
see if all the signatures can be received to vacate the east 6 ft. of the alley. If that is achieved,
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131
staff will bring that vacation request. However,at this time,city staff is suggesting vacation of
the west 6 ft.of the alley.
NEIGHBORHOOD MEETING
Trident Development, LLC is holding a neighborhood meeting at the Fridley City Community
Center on Thursday January 9,2014 at 6:00 p.m.
The petitioner noted to staff that 16 neighbors were in attendance at the neighborhood meeting
and provided a summary of the meeting,which can be found in your packet.
STAFF RECOMMEDATION
City Staff recommends approval of the S-2 and TOD Master Plans, with stipulations.
• Meets the purpose of the TOD Overlay District.
• Proposed use meets the goals highlighted in the 2030 Comprehensive Plan.
• Provides additional housing opportunities.
City Staff recommends approval of the street and alley vacation request.
• This portion of 60th Avenue will be nicely incorporated into this development and is
not needed by the general public other than for utility purposes. -
• Un-improved alley that is not used for access is of no benefit to the City and can be
better used by this project and the neighboring property owners.
STIPULATIONS FOR S-2 MASTER PLAN.MP#14-01 AND TOD MASTER PLAN.TOD#14-01
1. The property shall be developed in accordance with the master site plan for"The Cielo';
submitted by hma Architects, datedl/31/14.
2. The building shall be developed in accordance with the architectural exterior elevations
sheets for"The Cielo';submitted by hma Architects, dated 2/4/14.
3. The petitioner shall obtain all necessary permits prior to construction.
4. The petitioner shall meet all euilding code, Fire code, and ADA requirements.
5. The petitioner shall ensure that the any signage meet code requirements and shall
obtain a separate sign permit prior Lo installation.
6. Landscape plan to be reviewed and approved by City Staff prior to issuance of building
permit. -
7. A buffer between the residential properties to the east and the proposed project,
through the use of a fence, landscaping or a combination of both shall be reviewed and -
approved by City staff prior to issuance of a building permit. The petitioner shall install
said buffer at the same time euilding#1 is constructed.
8. Replacement of chain link fence along the Mn/DOT right-of-way will be incorporated as
part of this project. The fence design and installation shall be agreed upon and
approved by Mn/DOT, the City's HRA, the City and the Developer and said agreement
shall be in place prior to issuance of a building permit for euilding#1.
9. City engineering staff to review and approve grading, drainage and utility plans prior to
issuance of building permits.
10. The petitioner shall pay all water and sewer connection fees prior to issuance of a
building permit.
11. All lighting in the development shall be shielded and downcast. Lighiing shall be
provided through free-standing lighting that adequately illuminates the sidewalk.
12. All crosswalks shall be installed using a colorized pavement pattern when connecting the
sidewalk on each side of a driveway. All connections shall be accessible.
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132
13. If the square footage of the footprint of any of the buildings proposed changes by more
than 10%at that phase of the development, an S-2 master plan and TOD master plan
amendment shall be required.
14. A DevelopmentAgreement outlining the Developer's obligation to install utilities, etc.,
will be prepared by the City and shall be signed by the Petitioner prior to issuance of a
building permit for Building#1.
STIPULATIONS FOR VACATION.SAV#14-01
City staff recommends approval of the alley and street vacation request for vacaiion of.•
60T"AVENUE NE—RIGHT OF WAY VACATION
That part of 60th Avenue NE,as dedicated in the plat of HYDE PARK,according to the
recorded plat thereof,Anoka County, Minnesota, lying easterly of a line drawn from the
southwest corner of Lot 16, Block 4, HYDE PARK,to the northwest corner of Lot 30,
Block 13, HYDE PARK,and lying westerly of a line drawn from the point of intersection of
the north line of said 60`h Avenue NE and the centerline of the vacated alley in Block 4,
` said plat of HYDE PARK,to the point of intersection of the south line of said 60th Avenue
NE and the centerline of vacated alley in Block 13,said plat of HYDE PARK.
ALLEY VACATION
That part of the west half of the alley,as dedicated in the plat of BENNET-PALMER
ADDITION and in the plat of HYDE PARK, according to the recorded plats thereof,Anoka
County, Minnesota, lying southerly of the easterly extension of the north line of Lot 9,
Block 3,said plat of BENNET-PALMER ADDITION,and northerly of the easterly extension
of the south line of Lot 10, Block 4,said plat of BENNET-PALMER ADDITION.
That pursuant to Minnesota Statutes§ 160.29,Subd. 2,the City of Fridley reserves unto itself
and other utility providers,a permanent easement for drainage and utility purposes,over,
across,under and through 60`h Avenue NE and vacated alley,segments situate in the City of
Fridley,County of Anoka,State of Minnesota,to wit:
That part of 60th Avenue NE, as dedicated in the plat of HYDE PARK,according to the
. recorded plat thereof,Anoka County, Minnesota, lying easterly of a line drawn from the
southwest corner of Lot 16, Block 4, HYDE PARK,to the northwest corner of Lot 30,
, Block 13, HYDE PARK,and lying westerly of a line drawn from the point of intersection of
the north line of said 60`h Avenue NE and the centerline of the vacated alley in Block 4,
said plat of HYDE PARK,to the point of intersection of the south line of said 60th Avenue
NE and the centerline of vacated alley in Block 13,said plat of HYDE PARK.
and
That part of the west half of the alley,as dedicated in the plat of BENNET-PALMER
ADDITION and in the plat of HYDE PARK,according to the recorded plats thereof,Anoka
County, Minnesota, lying southerly of the easterly extension of the north line of Lot 9,
Block 3,said plat of BENNET-PALMER ADDITION,and northerly of the easterly extension
of the south line of Lot 10, Block 4,said plat of BENNET-PALMER ADDITION.
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RESOLUTION NO. 2014-
RESOLUTION APPROVING A S-2 REDEVELOPMENT DISTRICT,MASTER PLAN
M.P.#14-01,FOR TRIDENT DEVELOPMENT, LLC,ON BEHALF OF THE
PROPERTY OWNER,THE CITY OF FRIDLEY I�OUSING AND REDEVELOPMENT
AUTHORITY,TO ALLOW THE REDEVELOPMENT OF THE PROPERTIES
COMMONLY KNOWN AS "GATEWAY NE",GENERALLY LOCATED AT 5831,5865,
5895,5905,5925, 5943, 6005,6041, 6061, and 6071 UNIVERSITY AVENUE NE.
WHEREAS, the Planning Commission held a public hearing on January 15, 2014 to consider a
Master Plan request, MP#14-01,by Trident Development, LLC for the properties generally
located at 5831, 5865, 5895, 5905, 5925, 5943, 6005, 6041, 6061, and 6071 University Avenue
NE in Fridley, legal descriptions attached as EXHIBIT A, and recommended approval of said
master plan; and
WHEREAS, the Fridley Housing and Redevelopment Authority reviewed the application at their -
February 6, 2014 meeting and also recommended approval to the City Council; and
WHEREAS, the City Council approved the MASTER PLAN, MP#14-01 at their February 10,
2014, meeting, with stipulations attached as Exhibit B; and
WHEREAS, a copy of the MASTER SITE PLAN has been attached as Exhibit C and the
EXTERIOR ELEVATIONS has been attached as Exhibit D.
NOW, THEREFORE, BE IT RESOLVED,that the City Council approves a S-2
REDEVELOPMENT DISTRICT MASTER PLAN, MP#14-01 for TRIDENT
DEVELOPMENT, LLC and sends notice to the petitioner that any substantial modification to
the approved master site plan, as shown in Exhibit C,will require further review by the Planning
Commission and City Council.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
lOTH DAY OF FEBRUARY 2014. �
SCOTT LUND- MAYOR
ATTEST:
DEBRA A. SKOGEN -CITY CLERK -
134
EXIi�IT A
TRACT A
Parcel lA:
, All that part of Lots 26 and 27,Block 4,Hyde Pazk Addifion that ties Northwesterly of the following
described line:
Commencing at the Northwest corner of Lot 30,Block 4,Hyde Park Addition;thence South along
the West line of said Lot 30 a distance of 6 feet;thence East parallel with the North line of said Lot
30 a distance of 57.49 feet;thence on a tangential curve to thc right with a radius of 45 feet a
distance of 60.53 feet;thence Southerly tangent to last described curve a distance of 60.20 feet;
thence Southwes#erly on a tangentiat curve to the right on a curve with a radius of 55 feet a distance
of 77.93 feet;thence continuing Southwesterly tangent to the last descnbed curve a distance of 9.53
feet;thence Southwestcrly on a tangential curve to the left having a radius of 120 feet to its
intersection with the West line of Block 4,Hyde Park Addition,and there terininaring,Anoka
County,Minnesota
(Abstract Property)
Property Address: 6Q71 University Avenue
Parcel 1B:
. All that part ofLots 26 and 27,Block 4,IIyde Park Addition that]ies Southeasterly ofthe following
described line:
Commencing at the Northwest corner of Lot 30,Block 4,Hyde Park Addition;thence South along
the West line of said Lot 30 a distance of 6 feet;thence East parallel with the North tine of said Lot
30 a distance of 57.49 feet;thence on a tangential curve to the rigbt with a radius of 45 feet a
distance of 60.53 feet;thence Southerly tangent to last described curve a distance of 60.20 feet;________
-- --t�►enee Sonthwesterlyarr�ta�genfial curve�tF�ie right on a curve with a radius of 55 feet a distance
of 77.93 feet;thence continuing Southwesterly tangent to the last described curve a distance of 9.53
feet;thence Southwesterly on a tangential curve to the ieft having a ra.dius of 120 feet to its
intersection with the West line of Block 4,Hyde Park Addirion,and there terminating,Anoka
County,Minnesota,together with vacated alley that accrues thereto.
(Abstract Property)
�
Parcel 2:
Lots 28,29 and 30,Block 4,Hyde Park Addition,Anoka County,Minnesota,together with alley
that accrues theretp,
(Abstract Property)
Property Address: 6071 University Avenue
Parcel 3:
That part of the Northeast Quarter o#'the Northwest Quarter of Section 23,T-30,R-24 described as
follows: Commencing at the Northwest corner of Lot 30,Block 4,Hyde Park Addition thence South
along the West line of said Lot 30 a distance of 6 fee�thence East parallel with the North line of said
Lot 30 a distance of 57.49 feet;thence on a tangential cur„e to the right with a radius of 45 feet a
distance of 69.53 feet;thence Southerly tangent to last descnbed curve a distance of 6020 feet;
thence S�uthwesterly on a tangential curve to the right on a curve with a radius of 55 feet a distance
of 77.93 fee�thence continuing Southwesterly tangent to the Iast described curve a distance of 9.53
feet;thence Southwesterly on a tangential cur�,e to the left having a radius of 120 feet to its
intersection with the West line of B1ock 4,Hyde Park Addition,said point being the actual point of
beginning of tract to be described;thence continuing Southwesterly on last described curve to its
intersection with a line parallel to and 15 feet West of the West]ine of said Block 4,Hyde Park
Addition;thence North on a line parallel to and 15 feet West of said West Iine of Block 4 to a point
17 fcet South of the Westerly extension of the North line of said Block 4 as measured$t right angies
to said North line;thence East paratlel to the Westerly extension of the North line of said Block 4 to
the West line of said Block 4;thence South along the West lins of said Block 4,Hyde Pazk Addition
to the actual point of beginning,there terminaring.
TRACT B
Lots 24 and 25,and the North half of Lot 23,Block 4,Hyde Park,Anoka Count},,Minnesota,
together with vacated alley that accnies therexo.
__._ ---{Abstract�ro
j-- ----- ---- - - --- : _
- -- - -- -- -
��'' ✓J �vt,el,�.�r�� l�C�t � v�.r�i V�GyS�l'✓1 f�,✓�i . - -
J
Parcel 1:
Lots 20,22 and the South%of Lot 23,Block 4, Nyde Pazk,Anoka County,Minnesota,together with
vacated alley that acciues thereto.
(Abstract Property)
Property Address: 6041 University Avenne
° Parcel2:
Lot 21,Block 4,Hyde Park,qnolca County,Minn�sota
� (Toaens Properiy,Certificate Number 110891)
Part of 6041 University Avenue
�cT n
Lots 16, I 7, 18 and 19 in Block 4,Hyde Park,Anoka County,Minnesota,together with vacated alley
that accrues thereto.
(Abstract Property}
Property Address: 6005 University Avenue
T—�tacT E
Parcel 1:
• Lots 27 and 28,Block 13,Hyde Park,Anoka County,Minnesota,together with t}�at part of the West
Half of vacated alley accruing to premises by reason of the vaca#ion thereof.
(Abstract property)
Parcel 2:
The North 20 feet of Lot 26,
All of Lots 29 and 30,Block 13,Hyde Pazk,according to the recorded plat thereo�Anoka County,
Minnesota.
---- Fhe part-of the Vdest Half�f the vacafea alley-in Block 13,"Hyde-Park",lying between the Easterly
extensions across it of the North line of Lot 30,said Block 13,and the South line of Lot 29,said
Block 13.
That part of the West Half of the vaca.ted alIey in Block l3,"Hyde Pazk",lying bet�,een the EasterIy
extensions across it of the North line of Lot 26,said Block 13,and of the South line of the North 20
feet of said Lot 26.
(Torrens Property,Certificate Number 110978)
Property Address: 5943 University Avenue
T cT F
Lots Eighteen(18),Nineteen(19),Twenty(2p),Tvven�ty,..one(21),Twenty-iwo(22),Twenty-three
(23)and Twenty-four(24),Block Thirteen(13),Hyde Park,according to the plat thereof on fiie and
of record in the office of the Registrar of Deeds in and for said Anoka County.
(Torrens Property,Certificate Number 114341)
Lot Twenty-five(25)and that part of Lot Twenty-six(26)lying South of the North 20 feet of said
Lot Twenty-si�c(26),Block Thirteen(13),Hyde Park,according to the plat thereof on fiie and of
record in the Office of the Register of Deeds in and for said Anoka County.
(Torrens Property,Certificate Number 114342)
Property Address: 5925 University Avenue
TR.ACT G
Lots 16 and 17,Block 13,"Hyde Park",Anoka County,Minnesota
The North half of vacated Broadway Avenue(now known as 59�"Avenue),as dedicated in the plat of
"Hyde Park",lying East of the Southerly extension of the West Iine of Lot l 6,said plat,and lying
West of the Southerly extension of the centerline of the vacated alley adjoining the East bound�,of
sa.id Lot 16;
The West half of the vacated atley in Block 13,"Hyde Park",as dedicated in said plat,lying South of
the Easteriy extension of the North line of Lot 17,said plat,and lying North of the Easterly extension
of the South line of Lot 16,said plat,said alley being subject to an easement for utility purposes to_
_-- ..- ---the-CityofFridley. - --. _ - .— - -- .__. _— ---
Lot 9,Block 3,"BENNEI"I'_p,�I,MER ADDITION",Anoka County,Minnesota
(Torrens Property, Certificate Number 114842)
Property Address: 5905 University Avenue
�
TRACT H
Lot Eight(8),Block Thee(3),Bennett-palmer Addition,according to the plat on file and of record in
= the office of the Registrar of Tides in and for Anoka County,Mitmesota.
And
Lots Five(5)to Seven{7)inclusive,$lock Three(3),together with that part of the vacated walkway
lying between Lot Five(5),Block Three(3)and Lot Seveateen(17),Block Four(4)tying between
an extension of the Easterly and Westerly boundary lines of said lots,said land represented by the
vacated wallcway being subject to a permanent easement in favor of the City of Fridley for pwposes
of installing,maintainina and improving public utilities over and under said premises;
Lot Seventeen(I7)except the South Forty-nine(49)feet thereof,Block Four(4),Bennett-Palmer
Addition,according to the plat on file and of record in the office of the Registrar of Titles in and for
Anoka County,Minnesota.
(Torrens Property,Certificate Number 124673)
Property Address: 5895 University Avenue
. __
' Lot Fifteen(15)except the south 7�venty-four(24)feet,Lot Sixteen(16),and the South Forry-nine
(49)feet of Lot Seventeen(17),Block Four(4),Bennett Palmer Addition,according to the plat on
file and of record in the office of the Registrar of Titles in and for Anoka County,Minnesota
(Torrens Property,Certificate Number 111260)
Property Address: 5865 University Avenue
--— - - _
---- - _ - --
TRACT J -- --. _ _ .
Parcel l.:
That part of Lot Ten(10)lying North of the following described line in Lot Ten(10);commencing at
a point on the West line of said Lot Ten(10),36.03 feet North ofthe Southwest corner thereof,said
�
line running in an Easterly direction to a point on the Esst line of said Lot Ten(10),36.15 feet North
ofthe Southeast Corner tbereof;
Lots Eleven(11),Twelve(12),Thirteen(13)and the South Ten(10)feet of Lot Fourteen(14),Block
Four(4),Bennette-Palmer Addition,according to the plat on file and of record in the office of the
Registrar of Titles in and for Anoka County,Minnesota.
(Torrens Property, Certifcate Number 118369) �
�'��F�}2:
That part of Lot Ten(10),lying South of the following described line in Lot Ten(l 0):
Commencing at a point on the West line of said Lot Ten(10),36.03 feet North of the Southwest
corner thereof,said line running in an F�s�erly direction to a point on the East line of said Lot Ten
(lU),36.15 feet North of the Southeast corner thereof;Block 4,Bennett-Palmer Addition,Anoka
County,Minnesota.
(Abstract Property)
Parcel 3:
Lot Fourteen(14)except the South Ten(10)feet and the South T�venty-four(24)feet of Lot Fifteen
(15),Block Four(4),Bennett-Patmer Addition,accordi.ng to the plat on file and of record in the
office of the Registrar of Titles in and for Anoka County,Minnesota.
(Torrens Property,Certificate Number 118368) -
Property Address: 5831 University Avenue
�
EXHIBIT B
MP# 14-01 S-2 Master Plan
Trident Development, LLC
Stipulations:
1. The property shall be developed in accordance with the master site plan for"The Cielo",
submitted by hma Architects, datedl/31/14.
2. The building shall be developed in accordance with the architectural exterior elevations
sheets for"The Cielo", submitted by hma Architects, dated 2/4/14.
3. The petitioner shall obtain all necessary permits prior to construction.
4. The petitioner shall meet all Building code, Fire code, and ADA requirements.
5. The petitioner shall ensure that the any signage meet code requirements and shall obtain a
separate sign permit prior to installation.
. 6. Landscape plan to be reviewed and approved by City Staff prior to issuance of building
pernut.
7. A buffer between the residential properties to the east and the proposed project, through
the use of a fence, landscaping or a combination of both shall be reviewed and approved
by City staff prior to issuance of a building permit. The petitioner shall install said buffer
at the same time Building#1 is constructed.
8. Replacement of chain link fence along the Mn/DOT right-of-way will be incorporated as
part of this project. The fence design and installation shall be agreed upon and approved
by Mn/DOT,the City's HRA, the City and the Developer and said agreement shall be in
place prior to issuance of a building pernut for Building#1.
9. City engineering staff to review and approve grading, drainage and utility plans prior to
issuance of building pernuts.
10. The petitioner shall pay all water and sewer connection fees prior to issuance of a
building permit.
11. All lighting in the development shall be shielded and downcast. Lighting shall be
provided through free-standing lighting that adequately illuminate the sidewalk.
. 12. All crosswalks shall be installed using a colorized pavement pattern when connecting the
sidewalk on each side of a driveway. All connections shall be accessible.
. 13. If the square footage of the footprint of any of the buildings proposed changes by more
than 10% at that phase of the development, an S-2 master plan and TOD master plan
amendment shall be required.
14. A Development Agreement outlining the Developer's obligation to install utilities, etc.,
will be prepared by the City and shall be signed by the Petitioner prior to issuance of a
building pernut for Building#1.
141
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` AGENDA ITEM
CITY COUNCIL MEETING OF FEBRUARY 10, 2014
CfiY OF
FRDLEY
Date: February 4, 2014
To: WalterT. Wysopal,City Manager
From: Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
Subject: Resolution Approving a Transit Oriented Development Master Plan,TOD#14-01,Trident
Development, LLC
ANALYSIS
Roger Fink of Trident Development, LLC, is requesting a Transit Oriented Development(TODJ Master Plan
to allow for the redevelopment of the properties located at 5831, 5865, 5895, 5905, 5925, 5943, 6005,
6041, 6061,and 6071 University Avenue, known as, "Gateway Northeast".
These properties are =�
�
�n
within the TOD a'��" "` "+�
Overlay District,so a �
TOD Master Plan also - ��, ,:` -., ��----
'-;_ -
needs to be reviewed "°�.� ---�� _ ^,�..
and approved by the �i' _ �� ~ .. �
CityCouncil before I�'�, '
->�� - __.. . �
development can ' �� �,� �`� �+� --�-� �; _
start. � �� '� '
�. �,j ��
� •/ ��.N� ' � �•,�,. _
The S-2, �� '.�� r '' � �r.. ��
'� ��
Redevelopment � ` x �"i � � �' �
District Master Plan is ��,���,.�a �
��,
being requested to � $� ��� � �� �
allow the construction � ����� - •�° �.� �`�_•� ' . �`
�
��,.. . .� } ,� � �• +-�,• °.... , , �,.�,�. �
�i�'��, ,�,_,r �
of a phased project �,�e�<,' ..�.r� 4��,�r�, ,�r��':�.`�; . .'��`�''`.�:r��.<�.�,.��»����ht=:
for a multi-family apartment community,to be called "Cielo". The project will include(3)separate
buildings with the Phase 1 building starting on the corner of University Avenue and 615i Avenue. Phase 2
and Phase 3 buildings will continue south on the remaining properties. There will be covered and
surface parking available for all (3) buildings as well as the installation of new landscaping and storm
water treatment.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission reviewed TOD#14-01, in conjunction with the other land use requests for this
redevelopment project at their January 15, 2014 Planning Commission meeting. After a brief discussion,
144
a
the Commission recommended approval.
THE MOTION CARRIED UNAMIOUSLY.
UPDATES SINCE THE PLANNING COMMISSION MEETING
Since the Planning Commission meeting on January 15, 2014,the petitioner has modified the site plan
and building elevations to response to input they received from City staff,the neighborhood meeting
and the Planning Commissioners.
Those revisions include changes to the access points and traffic patterns within the development. The
petitioner has widened the drive aisle by adding a left turn and right turn lane when existing to 615t
Avenue from the development. They've also extended the stacking area for vehicles leaving the
development. These modifications will help to alleviate potential congestion when exiting the site.
Their engineer has also performed a turning analysis to demonstrate clear access for fire apparatus
without interference by the center island and proposed monument signage. The City's Fire Department
has approved this plan modification.
The modified plan also shows a "roundabout"traffic feature at the 60t''Avenue intersection,as opposed
, to the"T"intersection that was originally proposed. This added feature was suggested by the City to
provide a terminus for City snow plows and it will also provide a clear designation from public right-of-
way to private roadway. The petitioner likes the additional feature to also help slow down internal
traffic within the development. The"roundabout" meets the standards of the City Engineer. The
developer was asked by some of the neighbors if 60`h Avenue could terminate into the neighborhood.
Staff has had discussions on this and has determined that this additional entrance to the neighborhood
is needed to provide an additional egress/ingress to the development for both residents and emergency
vehicles.
The site plan has been modified to show a 7 ft. privacy fence that will be installed along the eastern
property line of the development. The plan calls for two-foot jogs in the fence line every 25 ft.to create
visual interest and to improve the stability of the fence.
The petitioner has also noted in his letter to the City that the ornamental fence along University Avenue
, south of the subject property will be extended as part of this project to 6151 Avenue. Though it isn't
shown on the submitted plans,the petitioner has stated it will be shown on the final construction plans.
` The modifications that have been made to the site plan satisfy many of the comments brought for by
staff and the neighborhood and further enhance the project.
STAFF RECOMMENDATION
City Staff recommends concurrence with the Planning Commission.
STIPULATIONS
1. The property shall be developed in accordance with the master site plan for"The Cielo",
submitted by hma Architects, datedl/31/14.
2. The building shall be developed in accordance with the architectural exterior elevations sheets for
"The Cielo';submitted by hma Architects, dated 2/4/14.
3. The petitioner shall obtain all necessary permits prior to construction.
4. The petitioner shall meet all euilding code, Fire code,and ADA requirements.
5. The petitioner shall ensure that the any signage meet code requirements and shall obtain a
separate sign permit prior to installation.
145
6. Landscape plan to be reviewed and approved by City Staff prior to issuance of building permit.
7. A buffer between the residential properties to the east and the proposed project, through the use
of a fence, landscaping or a combination of both shall be reviewed and approved by City staff
prior to issuance of a building permit. The petitioner shall install said buffer at the same time
Building#1 is consiructed.
8. Replacement of chain link fence along the Mn/DOT right-of-way will be incorporated as part of
this project The fence design and installation shall be agreed upon and approved by Mn/DOT,
the City's HRA, the City and the Developer and said agreement shall be in place prior to issuance
of a building permit for euilding#1.
9. City engineering staff to review and approve grading, drainage and utility plans prior to issuance
of building permits.
10. The petitioner shall pay all water and sewer connection fees prior to issuance of a building
permit.
11. All lighting in the development shall be shielded and downcasi. Lighting shall be provided
through free-standing lighting that adequately illuminates the sidewalk.
12. All crosswalks shall be installed using a colorized pavement pattern when connecting the =
sidewalk on each side of a driveway. All connections shall be accessible.
13. If the square footage of the footprinf of any of the buildings proposed changes by more than 10% ,
at that phase of the development, an 5-2 master plan and TOD master plan amendment shall be
required.
14. A Development Agreement outlining the Developer's obligation to install utilities, etc., will be
prepared by the City and shall be signed by the Petitioner prior io issuance of a building permit
for euilding#1.
146
• City of Fridley Land Use Application
MP#14-01,TOD#14-01&SAV#14-01 January 15, 2014
GENERAL INFORMATION SPECIAL INFORMATION
Applicant: 1886-Lot is platted:
Trident Development LLC 1989—Building constructed(Alanon).
Roger Fink 2009—Building demolished.
3601 18th Street South 5943/5945 Universitv Avenue:
St.Cloud M N 56301 1886—Lot is platted.
1958—Garage constructed.
Requested ACtion: 1986—Garage demolished.
TOD Master Plan 2001—New building constructed(Van-O-Lite).
S-2 Master Plan 2009—Building demolished.
Vacate at portion of 60th Ave and the west half of 6005 Universitv Avenue:
the alley south of vacated 59`h Avenue. 1886—�ot is platted.
Lotation• 1950—Garage constructed.
5831,5865,5895, 5905, 5925, 5943,6005, 6041, 2009—Building demolished.
6061,6071 University Avenue. 6041 Universitv Avenue:
1886—Lot is platted.
' Existing Zoning: Building constructed per-1949
All properties zoned S-2, Redevelopment District. 2009—Building demolished.
• Size: 6061 Universitv Avenue:
Approximate size of entire area to be developed: 1886—�ot is platted.
385,941 sq.ft. 8.86 acres 1955—Building constructed.
Existing Land Use• 2011—Building demolished.
Vacant land (commercial buildings have been torn 6071 Universitv Avenue:
1886—Lot is platted.
down). 1957—Building constructed(Service station).
Surrounding Land Use&Zoning: 2009—Building demolished.
N: Vacant Commercial building&C-2 SUMMARY OF REQUEST
E: Single Family&Duplexes&R-1&R-2 The petitioner, Roger Fink of Trident Development,
S: Townhomes&5-2 LLC, is requesting a S-2 Master Plan and a TOD
W: University Avenue and ROW Master Plan to allow for the development of the
Comprehensive Plan Conformance: "Gateway NE" properties,which are generally
Future Land Use Map designates this area as located along University Avenue Service Drive,east
Redevelopment. of University Avenue,from 58th Avenue to 615t
� Legal Description of Property: Avenue,with the construction of 3 new multi-family
See attached in packet. residential buildings.
` Zoning History: The petitioner along with the City's HRA is also
5831 Universitv Avenue: seeking to vacate a portion of 60`"Avenue and the
1957—�ot is platted. west half of the alley south of vacated 59`h Avenue
1967—Building constructed(Restaurant). to accommodate the"Gateway NE"development.
2011—euilding demolished. STAFF RECOMMENDATION
5865 University Avenue:
1957—Lot is platted. City Staff recommends approval of the S-2 and TOD
1968—Building constructed(Restaurant). Master Plan, with stipulptions.
2009—Building demolished. ■ Meets the purpose of the TOD Overlay District.
5895 Universitv Avenue: ■ Meet the goals highlighted in Comp. Plan.
1957—Lot is platted. ■ Provides additional housing opportunities.
1969—Building constructed(Restaurant). City Staff recommends approval of the street and
2013-Building demolished(Vet Clinic). plley vacation request with stipulations.
5905 UniversiN Avenue: CITY COUNCIL ACTION/60 DAY ACTION DATE
1886&1957—Lot is platted. City Council—February 10,2014
1972—Building constructed(Restaurant).
2011—Building demolished. 60 Day Date—February 25, 2014
5925 Universitv Avenue: Staff Report Prepared by: Stacy Stromberg
147
Land Use Applications
S-2 Master Plan #14-01, TOD Master Plan #14-01
and SAV #14-01
THE REQUEST
Roger Fink of Trident Development, LLC, is
requesting three land use items to allow for the �'� V�y� � � �t* '� � �
redevelopment of the properties located at 5831, E � • � '
�:
5865 5895 5905 5925 5943 6005 6041 6061 �
e r
, , , , , , , , �� �J ; � '�.
� �. � iI1�F R ����
and 6071 University Avenue, known as, "Gateway F ��. �` *,�; $ � �
Northeast". ` �, _� , i�'�
,. . .w. �'
v>'.°�" i � �
1. S-2 Master Plan-These properties were ''�,�, .� �, . � a '' �
rezoned in 2012 from G2 General `"�� �" �,� �� "� �� °°" "�` r
Business to 5-2 Redevelopment District � °� �� , - �� �
to accommodate future redevelopment. � �'e ,��"� .; �,� {� � -
Once there is a development plan for the - �i�� ;�i; �� � �
� ;�
r i.J �
properties,an S-2 Master Plan needs to qvE .�. '� .,,,,. ,�
be reviewed and approved by the City � , r � � � � -'� �:"�
L ; i �
Council before development can start on �'' '� , � ; y se� �,'��
s ite. �"�'_��r: �*
� F � .��.
��. .
2. TOD Master Plan-These properties are Gateway NE � •� �
Properties - ;'� �.
within the TOD Overlay District, so a TOD '�'�`,�,� �,
Master Plan also needs to be reviewed ����" '�5 �
and approved by the City Council before �j; �` R—
development can start. ' � - —�` '
� ,�1 � s �p, �:.
� ,�� �� i _. _
3. Street and Alley Vacation-In order to �v� ; � � y �� r
accommodate the redevelopment of the f ,'�
subject properties, a portion of 60`n " �'
Avenue from the University Avenue r `` �5 ' �{ � � ' �� � �
�..� , ��
Service Drive to the alley on the east side �y ' � '��
ofthe subject properties. The west half ' .''�' ,�-. x
sess
of the alley is also proposed to be 4 � " LL
r � �--
vacated that is to the east of the subject �1�;;;;,,� , ' ,� }'
properties and south of vacated 59th .� �r � N �
Avenue. - r � �� ; �: `�`�'
,�_� „� �o� ? "� i
� � �
At a later date, a vacation request will be ��t ��as F; � �
submitted forthe UniversityAvenue ;�'�; �� e,ss �. ��Fy ,
Service Drive. '�!-•�?�" �a, � �' _
s �
� fi.l6�� � � � uwi, W.
The petitioner is asking for approval of the above r60�f m2s `y
� :.. ��
requested land use items to allow the � �'� ,. `�` �°°°•
construction of a phased project for a multi- � � � ��� �: �,� �
. � � � �;-�
family apartment community,to be called •�, � ��rTH�--�� #� s°--
"Cielo". The project will include (3)separate � : � �" « � � �, `'� '�
buildings with the Phase 1 building starting on „�`.� �_�_�r.�_:a ��� '�; ����,
_ _._ �- -
148
the corner of University Avenue and 615Y Avenue. Phase 2 and Phase 3 buildings will continue
south on the remaining properties. There will be covered and surface parking available for all
(3) buildings as well as the installation of new landscape features and storm water treatment.
SITE DESCRIPTION AND HISTORY
The subject properties are approximately 8.86 acres in size total and front on the University
Avenue Service Drive from 58th Avenue to 615`Avenue. They were originally developed mainly
in the 1950's and 1960's for commercial uses, restaurant and gas stations. When access was
limited as a result of upgrading University Avenue,several of the businesses began to suffer and
as a result significant vacancies occurred and the buildings became blighted. The City and the
HRA have wished to redevelop this area for a number of years and consequently,the HRA
started to acquire some of the properties in 2006,after being approached by property owners
wanting to sell their obsolete retail buildings. Acquisitions of the properties concluded in 2013
and demolition of the properties was done in three phases. The first phase of demolition was
started in late 2009,the second phase took place in 2011,and the last building that was
purchased in 2013 (Vet Clinic),was also demolished that same year. The HRA currently owns all
- of properties involved in these land use requests.
Prior to demolition of the buildings, resolutions were adopted determining that certain parcels
are occupied by structurally substandard buildings and were to be included in a tax increment
financing district. To acquire and prepare the site for reuse,the HRA has spent over$4.5
Million. The properties have a value,depending on its reuse, between$1-2 million. It is this
difference of$2.5-3.5 Million that will be paid from the tax increment financing district. If it
wasn't for the availability of tax increment to pay for acquisition, demolition, relocation,
environmental remediation, infrastructure,and site preparation this project would not proceed.
In 2007,the HRA partnered with the Corridor Housing Initiative to brainstorm,collaborate and
develop some plans for the future of the subject properties. The buildings proposed by the
petitioner are of the similar height and scale as those buildings the neighbors and other
residents designed for the site at that time. Below are two sketches of the buildings designed by
the residents.
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In late 2011,the HRA hired Premier Commercial Partners to market the properties. In 2012,
there was interest from three different parties wanting to purchase all or at least portions of the
property for redevelopment. As a result,City Planning staff and the HRA decided it would be
beneficial to have the properties rezoned to the redevelopment district to give the potential
buyer/development more flexibility when designing a project. Since the rezoning approval,staff
has been working with the Trident Group to develop a plan that meets the goals of the HRA and
the City.
. 2
149
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Over the few months, City staff and the H ! `'� • �e working with 3
. .� �
150
Trident,their surveyor,the HRA's title company, Mn/DOT and Anoka County to identify and
clean up the issues that are always associated with plats that were recorded 130 years ago. The
issues include alleyways that were vacated but not filed at the County, Mn/DOT parcels that
have been turned back to the City and other minor corrections that Anoka County is helping to
fix. We expect all of the title/plat issues to be resolved in time to allow for a transfer of property
to the petitioner this spring.
There have also been meetings with utility companies to identify locations of utilities,to ensure
that existing utilities will be protected and review new locations for any and all utilities.
PROJECT DESCRIPTION
The proposed development,which will be called, "The Cielo",will have a total of 265 apartment
units, contained in (3)
separate � �,;� ` buildings. Each
building is � ��'�"''� - _ proposed to be 4-
stories,with � � three stories of
_ living above r indoor,ground
level parking. ..'� �� Two of the
� _
buildings ''�'�,,�xf�� ��.( ■■ proposed have 104
units and the ,� ��� _��� ���'�1 ��,'�, third building has
57 units. � � �A °�'�'`� Buildings 1 and 2
.. 4:. .� ,. � .�..
will be • - • ������ �;�:'��;� - ��• - connected to each
other through � '"� � i a skyway. Each
building will have adequate
parking and green space provided to accommodate the development.
The petitioner has designed the project with removal of the University Avenue Service Drive. A
new private drive coming off of 615`Avenue will be installed on the east side of the subject
properties,which will allow access to the project. The project will also receive access from 60`n
Avenue and on the south end of the site from the Service Road connected to 57%:Avenue. The
City is currently working with Anoka County and Mn/DOT on the University Avenue Service Road
turn-back documents. Once staff has the clarification needed on those documents,a street
vacation request of the service road will be reviewed by the Planning Commission and City
Council.
According to the petitioner, "due to the long, narrow shape of the site,the buildings are
positioned in a lineal fashion fronting the length of University Avenue. The buildings are
situated approximately 90 ft.from the eastern property line,where the rear yards of the single
family homes are located. The surface parking is located on the east side of the building so as to
not be visible from University Avenue. A portion of the development will be green space which
will offer outdoor amenities such as walking trails, a picnic and grilling area and a gazebo. This
open space also allows for certain amount of storm water infiltrations. Sidewalks are also
included in the design, providing convenient pedestrian access to public sidewalks and to other
areas of the neighborhood."
S-2 MASTER PLAN AND TOD MASTER PLAN ANALYSIS
5-2 Master Plan
When any property is rezoned to S-2 Redevelopment District, it requires that the accompanying
site plan become the Master Plan for the site. Once the S-2 Master Plan is approved by the City
4
151
Council, any modification to that approved master plan would require a Master Plan
Amendment. When this site was rezoned in 2012, a master plan wasn't developed and as a
result, "the plan"wasn't approved with the rezoning. This is the first master plan the City is
reviewing for the subject properties.
Review and Recommendation is also required by the HRA to the City Council before the master
plan can be approved. The HRA has seen the plans forthe proposed project and will formally
review this request at their February 6, 2014 meeting. To allow the HRA time to review this
application before it goes to the City Council,this item will go before the City Council on
February 10, 2014.
TOD Master Plan
The Planning Commission and City Council will recall that in 2011,the Transit Oriented
Development (TOD)
Overlay District was Subject Properties
approved. The subject
properties are within the ,_
i :
TODOverlayDistrict. i����u.�, �����.,�o,�,.,,�..�u._ � ,, �,�»u�����.� � .,�� E�E��;.
, , �� �
See map to the right,for --����:I'I ,''i'-' ; ;'j� %y�> ,�� '�
the TOD district 'a -��}� � ' � �` �- � '�,„,,,.„, �
� " �,,,,.u..
� � ' � i
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boundaries. _..:_�,� . '_' - - � � r; - ! .,M;.'�" �
; ; _�i i�L'_ C �....,.
i . - ;- �'.� � ��..........., �
Thepurposeforthe ,� � �-�-5---;--- ��•
► ��--_ - � I I - ; -- ; �� � �. � � .��
y . ,._�_,..s.�_ '._.. � � � .,,,.
' _ �-- . . .wy
adoption of the TOD . �
i ��
Overla is to: ���� �, - i��� _, �; .�
. , - � �. ., .,:........
, - �
A. Implement code % / ��r �� ' r _ �` �.""'
j` _ ,
;� �`• ,,;�/ � i �"1_
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requirements that . � � — : F _
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willencourage %� � ��, ,` ; {'�±����'�--JL� -*_�= ' _ ��--i'-
' ;:[T.'�-i N ,fi,r�' r � 7�`
dense mixed use, . : ' -- . � - -�-1
.
' �� 1 f'T iTi��71i.1' 11.1. �
pedestrian-friendly ; � ' - - ��;E � _11��i �e(
� �.�� >�.,,
development within ��_` ' � ,' • ,,•`�� " `"� -'"
a one-half mile of ; '- �
the Northstar � '� �: _ , -------_--- _ � �Fl!� �.,��., .
_ ,w�M .:f,.�
Commuter Rail _—_ _ �- ` ' ` °: ,
Station in Fridley.
B. Create multi-modal connections to the Fridley Northstar Commuter Rail Station that allow
for safe access to the station no matter what means of transportation someone uses.
C. Create a neighborhood identity with the Northstar Station that promotes the use of mass
transit, human interactions,safety and livability.
D. Reduce automobile dependency by locating a variety of land uses within a half mile of the
train station.
E. Provide life cycle housing for people of different income levels and housing space needs
within one half mile of the train station.
The proposed development is the City's third TOD Overlay Master Plan request that aims to
achieve the desires the City set forth when creating this district. As a result,the project needs
to comply with the TOD standards that were designed to enhance the pedestrian scale and
safety of any particular deveiopment.The TOD Overlay allows for flexibifity when designing a
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152
redevelopment project that encourages dense, mixed use, pedestrian-friendly developments. It
was also created to minimize the use of the automobile by allowing reduction in parking
requirements, if certain conditions can be met and sidewalks are constructed.
Over the last 8 years the City's HRA has been purchasing and demolishing the dilapidated
buildings along this corridor of University Avenue to allow for future redevelopment. The
petitioner has designed a project that meets the TOD standards that will enhance the
development and achieve what the City and HRA were hoping to see with redevelopment of this
land.
Below is table showing the new TOD development regulations and how the petitioner plans to
comply with them.
Standard Zoning/TOD Regulations The Cieto
Lot Coverage 40%-can be exceeded 28%for the entire development
where vehicle parking is
shared, underground, or
- structured, provided all
landscaping requirements
, are met.
Front Yard Maximum 15 ft. Approx.43 ft.from property line closest to
Setback(Code 615Y Ave. The petitioner has left additional
requires the land area along the north side of the
narrowest street building to allow for an elevator and
frontage, 615Y stairway building connection that could at
Avenue some point connect to a pedestrian skyway
assumed) across University Avenue.—This is
something City staff has identified as a
need in the community and would like to
further study.
Corner Lot Maximum 15 ft. 15 ft.—achieved.
Setback
(University
_ Avenue
assumed)
Standard Zoning/TOD Regulations The Cielo �:'
Rear Yard As close as 15 ft. but can be Approx. 50 ft.to accommodate a drive aisle
Setback further out of the property and landscaping.
Height(R-3 65 ft., unless within 50 ft. of Overall height is 61 ft.
zoning) an R-1 or R-2 district. Building will be approx. 95. Ft.from the
neighboring residential properties.
Entrance Primary public street, University Avenue would be considered the
Orientation identified from the street primary street;the site plan submitted
with delineated elements, shows delineated elements that will
such as roof overhangs, achieve this requirement.
recessed entries,
landscaping.
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153
Fa�ade Building 40 ft. in width or Achieved on all buildings proposed through
Articulation more shall be divided into vertical plane with the use of"bump-outs"
smaller increments. and "in-sets"as well as window placement
and balconies.
Building Face No blank walls facing the Achieved as proposed.
street,variations in detailing,
color and materials shall
exist on the building.
Door&Window Windows and door opening Achieved as proposed.
Openings shall comprise at least SO%
of the length of the main
floor of the primary street
fa�ade. ,
Loading dock Loading docks to be located n/a '
in the rear or side yard and �
screened from view of any
public right-of-way. ,
Building High quality materials,such Achieved as proposed. Through use of a
Materials as brick,stone,textured cast variety of different, maintenance-free
stone, EFIS,or tinted exterior materials and colors. Materials
masonry. could include EIFS,cultured stone and
metallic panels.
Refuse& Common storage area, Achieved—will take place inside the
Recycling screened from the public building.
Storage right-of-way, enclosed inside
the building is encouraged.
Parking for 1%2 stalls per 1 bedroom, Building#1-Code requires 192 parking
Multi- plus%stall per each stalls based on 44(1) bedrooms,48(2)
family/senior additional bedroom. bedrooms and 12 (3) bedrooms
building(R-3 188 stalls proposed. 85 stalls at grade and
zoning for multi- 99 garage stalls. -
family)
5tandard Zor�ing/TOD Re�ulations The Cielo
Parking(TOD) No parking between the All parking takes place in the side or rear
front fa�ade and the primary yards.
street. Parking in the rear or The number of stalls is at 97%which
side yard only. achieves the number of stalls the TOD
Number of parking stalls requires.
shall not exceed 120%of the Reliance on vehicles is intended to be
minimum number of stalls limited in the TOD district with an emphasis
required by the underlying on the opportunities for multi-modal
zoning district. transportation.
Bicycle Parking One space required for every 24 spaces needs to be made available
20 automobile spaces. based on number of parking stalls—
petitioner is aware of and plans to provide
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154
sufficient spaces.
Drive Through n/a n/a
Services
Landscaping for Requires 1 tree for every Based on square footage of all (3) buildings,
Multi-Family (R- 1,000 sq.ft. of floor area or 1 107 trees are required. An additional 14
3 zoning) tree for every 50 ft. of site trees is required for each (15) parking stalls.
perimeter Total trees required is 121.
Also requires 1 tree for every
15 parking stalls.
Landscaping Requires that the Proposed plan shows 114 trees with shrubs,
(TOD) development follow the grasses and perennials incorporated
landscape requirements for throughout.
the underlying zoning A gazebo and picnic area is also proposed.
district; however,
substitutions can apply.
Substitutions can include:
- shrubbery planting beds and
flower beds, decorative light
, poles,sculptures, planters,
benches.
Water Drip irrigation is encouraged; All green areas will be irrigation;drip
regular irrigation is required irrigation is encouraged where useful.
for all other green areas.
Sidewalks Minimum 5 ft.width shall be 6 ft. sidewalks are situated throughout the
provided on all street entire development area. Crosswalks with
frontages. need to be identified upon building permit
Colorized pavement pattern application.
connecting the sidewalk on
each side of the driveway
shall be incorporated and
accessible.
Standard Zoning/TOD Regulation�.., �,x°, _ '��ie'Cielo
Lighting Lighting plan and fixture Petitioner is aware and final design will
specification schedule shall occur prior to building permit.
be provided.
They shall also be
pedestrian-oriented.
Free-standing Only regulates electronic Petitioner plans to incorporate a
Sign (TOD) changeable signs and monument sign to identify the
encourages door and development.
window awnings.
Fencing Decorative fencing shall be A 6 ft. high decorative vinyl fence is being
the same color,type, and considered along the entire length of the
style used in adjacent TOD east property line.
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155
streetscape or of similar
design approved by the City.
Outdoor Dining Outdoor dining can be Provided through outdoor picnic area and
incorporated into the front gazebo.
and side yard setback up to 5
ft.from the property line.
Farmers Market Parking areas may be used Could be incorporated in the future.
for Farmers Markets with a
City permit.
STREET AND ALLEY VACATION ANALYSIS
In order to accommodate the proposed development,a � '��' �-� 1� �
portion of 60th Avenue needs to be vacated as well the � — '--� ` "—�� ..- �`�
.��.'L hY� � i� y
west 6 ft. of a 12 ft. alley that is located south of vacated f > -. . ,� x�-. : °�� �
59t�Avenue. � * ,. �� ``'�
As stated __� �, � .:� _ �� ' ` �
, • ..� �.
above,at a _-_—_ _ �.'�_,t�� � _: �" _� ,±� -
� , _
later date, ��� �,; +'
— "` , ; ,�
t�12 �,i � ±r, � � r " M. _
' �
petitioner K� �� t �.,;,,`;°� � "' r�
andHRAwill � � �--- — '�� ���b ' -��� �"���� � �
bring before � ---- '� "� ---- " " �`� �
the Planning ---- �-. „� -�, — _+�' �-
•,�.,._. .
Commission �i _---- �t �'� , �� � " �=� .
and City � _ � ; — --� � °
; . �,�, �. t
Council a � n� A„�a� �,E _,,,�
street �' ` - � '�•�' , -
r4.�'._u� �— � — . �rt�
� e, � '`'`�' '�' �w..:
vacation , — -- ,.. -- -- � t
; �
. s• �,...
request for __._ � � �� � . - L. : �"��'=�"°_�'
the - — — �"'-f°-�'", ��� �_ — �„
University � '� .__ �. � �' � �
6� — — � �� ;� _ � �
Avenue � �� _ � t= •� f ..�, ',. x r � �y..
� �_-t
Service r � �:. �x � �. .�....� � � � : �_
� � ; �- r ' � � � . �,�,.., ,� -
_ �
Road. _ . �, ,� � '
;
� � � ___. ����`�. _ �
__� �: • � r
, :. ,� >;��.
If the portion of 60th Avenue is vacated, the entire land � �� � 4 � � �`�
� f .,...�":� '��i�
area would be turned over to the existing property owner,
who is currently the HRA. There are several utilities located within this right-of-way,so once
vacated;the area will need to be retained as an easement. The petitioner is planning to
landscape this area and keep in open. They also plan to construct a skyway from Building 1 to
Building 2,which will go over the vacated 60th Avenue, but will allow enough room for utility
companies to get access if need be.
Current Code requires that the City needs to receive written approval from 100%of the
neighboring property owners before a right-of-way can be vacated. The neighboring property
owners of the 12 ft.alley have received notified of the proposed vacation request; however
100%of the signatures haven't been received. Staff will continue to work with the neighbors to
see if all the signatures can be received to vacate the east 6 ft. of the alley. If that is achieved,
9
156
.
staff will bring that vacation request. However,at this time,city staff is suggesting vacation of
the west 6 ft. of the alley.
NEIGHBORHOOD MEETING
Trident Development, LLC is holding a neighborhood meeting at the Fridley City Community
Center on Thursday January 9, 2014 at 6:00 p.m.
The petitioner noted to staff that 16 neighbors were in attendance at the neighborhood meeting
and provided a summary of the meeting,which can be found in your packet.
STAFF RECOMMEDATION
City Staff recommends approval of the S-2 and TOD Master Plans, with stipulations.
• Meets the purpose of the TOD Overlay District.
• Proposed use meets the goals highlighted in the 2030 Comprehensive Plan.
• Provides additional housing opportunities.
' City Staff recommends approval of the street and alley vacation request.
• This portion of 60th Avenue will be nicely incorporated into this development and is
� not needed by the general public other than for utility purposes.
� Un-improved alley that is not used for access is of no benefit to the City and can be
better used by this project and the neighboring property owners.
STIPULATIONS FOR S-2 MASTER PLAN,MP#14-01 AND TOD MASTER PLAN TOD#14-01
1. The property shalf be developed in accordance with the master site plan for"The Cielo",
submitted by hma Architects, datedl/31/14.
2. The building shall be developed in accordance with the architectural exterior elevations
sheets for"The Cielo';submitted by hma Architects, dated 2/4/14.
3. The petitioner shall obtain all necessary permits prior to construction.
4. The petitioner shall meet all euilding code, Fire code, and ADA requirements.
5. The petitioner shall ensure that the any signage meet code requirements and shall
obtain a separate sign permit prior to installation.
6. Landscape plan to be reviewed and approved by City Staff prior to issuance of building
- permit.
7. A buffer between the residential properties to the east and the proposed project,
• through the use of a fence, landscaping or a combination of both shall be reviewed and
approved by City staff prior to issuance of a building permit. The petitioner shall install
said buffer at the same time euilding#1 is constructed.
8. Replacement of chain link fence along the Mn/DOT right-of-way will be incorporated as
part of this project. The fence design and installation shall be agreed upon and
approved by Mn/DOT, the City's HRA, the City and the Developer and said agreement
shall be in place prior to issuance of a building permit for euilding#1.
9. City engineering staff to review and approve grading, drainage and utility plans prior to
issuance of building permiis.
10. The petitioner shall pay all water and sewer connection fees prior to issuance of a
building permit.
11. All lighting in the development shall be shielded and downcast. Lighting shall be
provided through free-standing lighting that adequately illuminates the sidewalk.
12. All crosswalks shall be installed using a colorized pavement pattern when connecting the
sidewalk on each side of a driveway. All connections shall be accessible.
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157
13. If the square footage of the footprint of any of the buildings proposed changes by more
than 10%at that phase of the development, an S-2 master plan and TOD master plan
amendment shall be required.
14. A Development Agreement outlining ihe Developer's obligation to install utilities, etc., '
will be prepared by the City and shall be signed by the Petitioner prior to issuance of a
building permit for Building#1.
STIPULATIONS FOR VACATION.SAV#14-01
City staff recommends approval of the alley and street vacation request for vacation of.•
60T"AVENUE NE—RIGHT OF WAY VACATION
That part of 60th Avenue NE,as dedicated in the plat of HYDE PARK,according to the
recorded plat thereof,Anoka County, Minnesota, lying easterly of a line drawn from the
southwest corner of Lot 16, Block 4, HYDE PARK,to the northwest corner of Lot 30,
Block 13, HYDE PARK,and lying westerly of a line drawn from the point of intersection of
the north line of said 60th Avenue NE and the centerline of the vacated alley in Block 4,
said plat of HYDE PARK,to the point of intersection of the south line of said 60th Avenue �,
NE and the centerline of vacated alley in Block 13,said plat of HYDE PARK. ��I
.i
ALLEY VACATION
That part of the west half of the alley, as dedicated in the plat of BENNET-PALMER
ADDITION and in the plat of HYDE PARK, according to the recorded plats thereof,Anoka
County, Minnesota, fying soutf�erly of the easterly extension of the north line of Lot 9,
Block 3,said plat of BENNET-PALMER ADDITION,and northerly of the easterly extension
of the south line of Lot 10, Block 4,said plat of BENNET-PALMER ADDITION.
That pursuant to Minnesota Statutes§ 160.29,Subd. 2,the City of Fridley reserves unto itself '
and other utility providers,a permanent easement for drainage and utility purposes,over,
across,under and through 60`h Avenue NE and vacated alley,segments situate in the City of
Fridley,County of Anoka,State of Minnesota,to wit:
That part of 60th Avenue NE,as dedicated in the plat of HYDE PARK,according to the
recorded plat thereof,Anoka County, Minnesota, lying easterty of a line drawn from the
southwest corner of Lot 16, Block 4, HYDE PARK,to the northwest corner of Lot 30,
Block 13, HYDE PARK, and lying westerty of a line drawn from the point of intersection of
the north line of said 60`h Avenue NE and the centerline of the vacated alley in Block 4, �
said plat of HYDE PARK,to the point of intersection of the south line of said 60`h Avenue
NE and the centerline of vacated alley in Block 13,said plat of HYDE PARK.
and
That part of the west half of the alley,as dedicated in the plat of BENNET-PALMER
ADDITION and in the plat of HYDE PARK, according to the recorded plats thereof,Anoka
County, Minnesota,lying southerly of the easterly extension of the north line of Lot 9,
Block 3,said plat of BENNET-PALMER ADDITION,and northerly of the easterly extension
of the south line of Lot 10, Block 4,said plat of BENNET-PALMER ADDITION.
11 `
158
�
RESOLUTION NO.2014-
RESOLUTION APPROVING A TRANSIT ORIENTED DEVELOPMENT MASTER
PLAN,TOD #14-01, BY TRIDENT DEVELOPMENT,LLC,ON BEHALF OF THE
PROPERTY OWNER,THE CITY OF FRIDLEY HOUSING AND REDEVELOPMENT
AUTHORITY,TO ALLOW THE REDEVELOPMENT OF THE PROPERTIES
COMMONLY KNOWN AS"GATEWAY NE",GENERALLY LOCATED AT 5831,5865,
5895,5905,5925,5943, 6005,6041, 6061,and 6071 UNIVERSITY AVENUE NE.
WHEREAS, Section 205.33.07 of Fridley City Code requires that any project within the TOD
District shall subject plans to be reviewed by the Planning Commission, the Housing and
Redevelopment Authority,and the City Council; and
WHEREAS, the Planning Commission held a public hearing on January 15, 2014 to consider a
TOD Master Plan Request, TOD#14-01,by Trident Development, LLC for the properties
, generally located at 5831, 5865, 5895, 5905, 5925, 5943, 6005, 6041, 6061, and 6071 University
Avenue NE in Fridley, legal descriptions attached as EXHIBIT A, and recommended approval
said TOD Master Plan; and
WHEREAS,the Fridley Housing and Redevelopment Authority reviewed the application at their
February 6, 2014 meeting and also recommended approval to the City Council; and
WHEREAS, the City Council approved the TOD MASTER PLAN, TOD#14-01 at their
February 10, 2014, meeting, with stipulations attached as Exhibit B; and
WHEREAS, a copy of the MASTER SITE PLAN has been attached as Exhibit C and the
EXTERIOR ELEVATIONS has been attached as Exhibit D.
NOW, THEREFORE, BE IT RESOLVED, that the City Council approves TOD MASTER
PLAN, TOD#14-01 for TRIDENT DEVELOPMENT, LLC and sends notice to the petitioner
that any substantial modification to the approved master site plan and exterior elevations, as
. shown in E�ibit C,will require further review by the Planning Commission and City Council.
. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
lOT''DAY OF FEBRUARY 2014.
SCOTT LUND- MAYOR
ATTEST:
DEBRA A. SKOGEN—CITY CLERK
159
�
EXHIBIT A
TRACT A
Parcel lA: a
All that part of I,ots 26 and 27,Block 4,Hyde Park Addition that ties Northwesterly of the following
described line: "
Commencing at tiie Northwest corner of Lot;0,Block 4,Hyde Park Addition;thence South along
the West line of said Lot 30 a distance of 6 feet;thence East paralle]with the North line of said Lot
30 a distance of 57.49 feet;thence on a tangential curve to the right with a radius of 45 feet a
distance of b0.53 feet;thence Southerly tangent to last described curve a distance of 60.20 feet;
thence Southwesterly on a tangentiai curve to the right on a curve with a radius of 55 feet a distance
of 77,93 feet;thence continuing Southwesterly tangent to the last described curve a distance of 9.53
feet;thence Southwesterly on a tangential curve to the left having a radius of 120 feet to its
intersection with the West line of Block 4,Hyde Park Addition,and there terminating,Anoka
County,Minnesota
(Abstract propert3')
Propert}�Address: 6071 University Avenue
ParcellB:
All that part of Lots 26 and 27,Block 4,Hyde Park Addition that lies Southcasterly ofthe following
described line: '
Commencing at the Northwest corner of Lot 30,Block 4,Hyde Park Addition;thence South along
the West line of said Lot 30 a distance of 6 feet;thence East parallel with the North line of said Lot
30 a distance of 57.49 feet;thence on a tangential curve to the right with a radivs of 45 feet a
distance of 6U.53 feet;thence Southerly tangent to last descnbed curve a distance of 60.20 feet;__________
-- -thenee Southwesterly�orr�t�ngen�ial curve�o tT-ie ng�t on a cuive with a radius of 55 feet a distance
---- -- ___
of 77.93 feet;thence continuing Southwesterly tangent to the last described curve a dist�nce of 9.53
feet;thence Southwesterly on a tangential curve to the left having a radius of 120 feet to its
intersection with the V�lest line of Block 4,Hyde Park Addition,and there terminating,Anoka
County,Miru�esota,together with vaca.ted aIley that accrues thereto.
(Abstract Properiy)
�
Parcel 2:
Lots 28,29 and 30,Block 4,Hyde Park Addition,Anoka County,Minnesota,together with alley
that accrues thereto.
(Abstract Property)
.
Property Address: 6071 Univenity Avenue
� Parcel 3:
'1'hat part of the Northeast Quarter of the Northwest Quarter of Section 23,T-30,R 24 described as
follows: Commencing at the Northwest corner of Lot 30,Block 4,Hyde Park Addition thence South
along the West Iine of said Lot 30 a distance of 6 fee�thence East parallel with the North line of said
Lot 30 a distance of 57.49 feet;thence on a tangential curve to the right with a radias of 45 feet a
distance of 69.53 feet;thence$outherly tangent to last descrbed curve a distance of 6020 feet;
thence Southwesterly on a tangential curve to the right on a curve with a radius of 55 feet a distance
of 77.93 fee�thence continuing Southwesterly tangent to the last described curve a distance of 9.53
feet;thence Southwesterly on a tangentia]curve to the left having a radius of 120 feet to its
intersection with the West line of Block 4,Hyde Park Addition,said point being the actual point of
beginning of tra.ct to be described;thence continuing Southwesterly on last described curve to its
intersecrion with a lino parallal to and 15 feet West of the West line of said Block 4,Hyde Park
Addition;thence North on a line para11e1 to and 15 feet West of said West Iine of Block 4 to a point
17 feet South ofthe Westerly e�ension ofthe North line of said Block 4 as measured at right angles
to said North line;thence East parallel to the Westerly extension ofthe North line of said Block 4 to
. the West line of said Block 4;thence South along the West line of said Block 4,Hyde Park Addition
to the actual point of beginning,there terminaring.
TRACT B
Lots 24 and 25,and the North half of Lot 23,Block 4,Hyde Park,Anoka County,Minnesota,
together with vacated alley that a.ccrues thereto.
— - --- (�4bstract�ro
j--- --- -----_ _ __ ---- - _ _ ------_ _. -- ._. _ _ _
��''��.o(,d,�.�i�. t�C l� � �i V�ivS N' �,✓�, • _ _.
�
Parcei l:
Lots 20,22 and the South%of Lot 23,Block 4,Hyde Park,Anoka County,Minnesota,togeti�er with
vacated alley that accrues thereto.
e
(Abstract Property)
Property Address: 6041 University Avenue
Parcel 2: •
Lot 21,Block 4,Hyde Park,Anoka County,Minnesota
(Torrens Properiy,Certificate Number 110891) -
Part of 604] University Avenue
TRACT D
Lots 16, 17, 18 and 19 in Block 4,Hyde Park,Anoka County,Minnesota,together with vacated alley
that accrues thereto.
(Abstract Properiy)
Property Address: 6005 University Avenuc
CT E
Parcel 1:
Lots 27 and 28,Block 13,Hyde Park,A,noka County,Minnesota,together with that part of the West
Half of vacated alley accruing to premises by reason of the vacation thereof.
(Abstract Property)
Pareel 2:
T'he North 24 feet of Lot 26,
All of Lots 29 and 30,Block 13,Hyde Park,according to the recorded plat thereo�Anoka County,
Minnesota.
--- 'Ft►e part-of the Vdest Half af the vacated alley3n Block 13,"Hyde Pazk",lying between the Easterly
extensions across it of the North line of Lot 30,said Block l3,and the South line of Lot 29,said
Block 13.
That part of the West Half of the vaca,ted alley in Block 13,"Hyde Pazk", lying between the Easterly
extensions across it of the North line of Lot 26,said Block 13,and of the South line of the North 20
feet of said Lot 26.
.
(Torrens Properiy,Certificate Number 110978)
Property Address: 5943 University Avenue
� T acT F
Lots Eighteen(18),Nineteen(19),Twenty(20),Twenty-one(21),Twenty-two(22),Twenty-three
` (23)and Twenty-four{24),Block Thirteen(13),Hyde Park,according to the plat thereof on fite and
of record in the office of the Registrar of Deeds in and for said Anoka County.
(Torrens Property,Certificate Number 114341)
Lot Twenty-five(25)and that part of Lot Twenty-six(26)lying South of the North 20 feet of said
Lot Twenty-six(26),Block Thirteen(13),Hyde Park,according to the plat thereof on file and of
record in the Office of the Register of Deeds in and for said Anoka Coanty.
(Torrens Property,Certificate Number 114342)
Property Address: 5925 University Avenue
TRACT G
Lots 16 and 17,Block 13,"Hyde Park",Anoka County,Minnesota
` The North half of vacated Broadway Avenue(now knovm as 59�'Avenue),as dedica,ted in the plat of
- "Hyde Park",lying East of the Southerly e�rtension of the West line of Lot 16,said pla�and lying
West of ihe Southerly extension of the centerline of the vacated alley adjoining the East boundary of
said Lot l6;
The West half of the vacated alley in Block 13,"Hyde Park",as dedicated in said plat,lying South of
the Easterly extension of the North line of Lot 17,said plat,and lying North of the Easterly extension
of the South line of Lot 16,said plat,said alley being subject to an easemeat for ufilitypurposes to_._ __
—- - - tho-City of Fridley. - -—
Lot 9,Block 3,"BENNETT'_pqL,MER p�DITION",Anoka County,lvtinnesota
(Torrens Property,Certificate Number 114842)
Properiy Address: 5905 University Avenue
�
E
TR.ACT H
Lot Eight(8),Block Thee(3),Bennett-palmer Addition,according to the plat on file and of record in
the office of the Registrar of Titles in and for Anoka County,Minnesota. '
And
Lots Five(5)to Seven(7)inclusive,Block Three(;),together with that part of the vacated waikway
lying between Lot Five(5),Block Three(3)and Lot Seventeen(17),Block Four(4)lying between
an extension of the Easterly and Westerly boundary lines of said lots,said land represented by the
vacated walkway being subject to a permanent easement in favor of the City of Fridley for purposes
of installing,maintaining and improving public utilities over and under said premises:
Lot Seventeen(I'7)except the South Forty-nine(49)feet thereof,Block Four(4),Bennett-Palmer
Addition,according to the plat on file and of record in the office of the Registrar of Titles in and for
Anoka County,Minnesota.
(Torrens Property,Certificate Number 124673)
Property Address: 5895 University Avenue
TRACT I -
Lot Fifteen(15)except the south Twenty-four(24)feet,Lot Sixteen(16),and the South Forty-nine
(49)feet of Lot Seventeen(I7),Block Pour(4),Bennett•Palmer Addirion,according to the plat on
file and of record in the office of the Registrar of Tides in and for Anoka County,M�nnesota
(Torrens Properiy,Certificate Nurnber 111260)
Properiy Address: 5865 University Avenue
- _ �- --_._ - -- - --- ---.
� __ _ __ __
Parcel 1:
That part of Lot Ten(]0)lying North of the following described]ine in Lot Ten(1 Q);commencing at
a point on the West line of said Lot Ten{10),36.03 feet North of the Southwest corner thereof,said
5
�
line running in an F.,asterly direction to a point on the East line of said Lot Ten(10),36.15 feet North
of the Southeast Corner thereof;
Lots Eleven(11),Twelve(12),Thirteen(13)and the South Ten(10)feet of Lot Fourteen(14),Block
_ Fow(4),Bennette-Palmer Addition,according to the plat on fiIe and of record in the office of�e
Registrar of Tides in and for Anoka County,Minnesota.
' (Torrens Property,Certificate Number 118369)
Parcel 2:
'That part of Lot Ten(i 0), lying South of the following described line in Lot Ten(10):
Commencing at a point on the West line of said Lot Ten(10),36.03 feet North of the Southwest
corner thereof,said line running in an Easterly direction to a point on the East line of said Lot Ten
(10),36.15 feet North of the Southeast corner thereof;Block 4,Bennett palmer Addition,Anoka
County,Minnesota.
(Abstract Property)
Parcel3:
Lot Fourteen{14)except the South Ten(10)feet and the South Twenty-four(24)feet of Lot Fifteen
(15),Block Four(4),Bennett-PaImer Addition,according to the plat on file and of record in the
o�ce of the Registrar of Titles in and for Anoka County,Minnesota.
(Torrens Property,Certificate Number 118368)
. Property Address: 5831 University Avenue
�
S
EXHIBIT B
TOD# 14-01 TOD Master Plan
Trident Development, LLC
Stipulations:
1. The property shall be developed in accordance with the master site plan for"The Cielo",
submitted by hma Architects, dated 1/31/14.
2. The building shall be developed in accordance with the architectural exterior elevations
sheets for"The Cielo", submitted by hma Architects, dated 2/4/14.
3. The petitioner shall obtain all necessary pernuts prior to construction.
4. The petitioner shall meet all Building code, Fire code, and ADA requirements.
5. The petitioner shall ensure that the any signage meet code requirements and shall obtain a
separate sign permit prior to installation. _
6. Landscape plan to be reviewed and approved by City Staff prior to issuance of building
pernut.
7. A buffer between the residential properties to the east and the proposed project, through
the use of a fence, landscaping or a combination of both shall be reviewed and approved
by City staff prior to issuance of a building pernut. The petitioner shall install said buffer
at the same time Building#1 is constructed.
8. Replacement of chain link fence along the Mn/DOT right-of-way will be incorporated as
part of this project. The fence design and installation shall be agreed upon and approved
by Mn/DOT,the City's HRA,the City and the Developer and said agreement shall be in
place prior to issuance of a building pernut for Building#1.
9. City engineering staff to review and approve grading, drainage and utility plans prior to
issuance of building permits.
10. The petitioner shall pay all water and sewer connection fees prior to issuance of a
building pernut.
11. All lighting in the development shall be shielded and downcast. Lighting shall be
provided through free-standing lighting that adequately illuminate the sidewalk. _
12. All crosswalks shall be installed using a colorized pavement pattern when connecting the
sidewalk on each side of a driveway. All connections shall be accessible.
13. If the square footage of the footprint of any of the buildings proposed changes by more
than 10% at that phase of the development, an S-2 master plan and TOD master plan
amendment shall be required.
14. A Development Agreement outlining the Developer's obligation to install utilities, etc.,
will be prepared by the City and shall be signed by the Petitioner prior to issuance of a
building permit for Building#1.
166
• � • /
EXHIBIT C �
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RIDEN
Development, LLC.
3G01 18th Screet South•Suite#103•St.Cloud,b4N 56301
Phonc:320.258.4438•Fa�c:320.252.3603
February 3,2014
Ms. Stacy Stromberg
Planner
Members of the Fridley City Council
6431 University Avenue N.E.
Fridley,IvIN 55432
HAND-DELNERED
Re:TRANSIT ORIENTED DEVELOPMENT MASTER PLANAPPLICATION
S-2 REDEi�ELOPMENT DISTRICT PROJECT PLANAPPLICATION•
_ STREET.ALLEYAND E,�.rEMENT T�ACATIONAPPLICATION
THE CIELO MI/LTI-FAMILYHDUSING DEVELOPMENT
Dear Ms. Stromberg and Members of the Fridley City Council:
Enclosed herewith,please find the revised development plan drawings for the above-referenced
applications. Trident Development,LLC and its team of consultants have carefully considered
the plan review comments from City Staff,input from the ncighbors and information gathered
from the Planning Commission meeting and is pleased to re-submit these revised plans for our
new multi-family housing development to be known as"THE CIELO". The following namative
is intended to high-light the revisions and additions to the proposed project.
REQUEST-Trident Development,LLC is requesting approval of: 1)a Transit Oriented
_ Development Master Plan;2)an S-2 Redevelopment District Master Plan;and 3)the vacation of
certain streets,alleys and easements necessary to allow for a multi-family housing development at
_ University Avenue and 61"Avenue. Each of these three(3)requests were recommended for
approval by the Fridley Planning Commission at their regular meeting on January 15,2014.
GENERAL DEVELOPMENT CONCEPT—To re-develop an existing,underutilized parcel of
8.86+/-acres into a first-class,multi-family apartment community,serving the housing ne�ds of
the Fridley market wlule enhancing the University Avenue corridor. This plan cornemplates a
total of 265 apartment units,contained in three(3)separate apartment buildings—2 bwildings of
104 urrits each and 1 building of 57 units—togother�with covered and surface off-street pazking.
The Cielo housing development will achieve a density of 30 units per acre,or 1,457 square foot
of land per dwelling unit.
LOCATION—The proposed development site is located on the HRA re-development land lying
on the east side of University Avenue,between 57t°%Avenue and 61�`Avenue,commonly
refeired to as the Gateway redevelopment area. It is north of the Gateway townhomes and
convenience store at 57'�'h Avenue,and is approximately three blocks south of the Fridley City
169
Hall. A mature, single-family neighborhoai exists immediatety east of the site. The site offers
close proximity to the Metro Transit Bus system and the Northstar commuter rail station. The
property is a long,rectangular shape and contains an existing frontage road,42 vacant lots,some
un-vacated alley,a portion of 60m Avenue NE and former MnDOT right of way. The site
dimensions are approximates 2,005 feet of length along University with a lot depth of 192 feet
(avg). The total of all combined land azea equals 386,082 square feet(approx.)or about 8.86
acres. This property will eventually be platted,but preliminary and final plat applications will
come before the City at a later date.
PLAN REVISIONS—
1. 61'`Avenne Entrance—The main entrance drive has been revised to widen the exit drive
allowing for two(2)lane of cars(a left turn lane and a right turn lane)which is intended
to reduce stacldng at the exit drive. A turning analysis has also been performed to
demonstrate clear access for fire apparatus without interference by the center island or the
pro�osed monument signage. The turning analysis is included with the plan submittals.
2. 60 Avenue Connection—Based on comments from City Staff,a"roundabouY'traffic
feature has been designed at the 60`"Avenue intersection,instead of the"Tee"
intersection originally proposed. We believe this"roundabouY'will 1)provide a
termi.nus for City snow plows; and 2)serve to slow-down intemal traffic.
3. Center Landscape Median—The plan now includes a design for a Iandscaged center
median in the drive lane between the second and third buildings. This feature was added
to create interest and introduce additional landscaping within the long,straight drive lane.
We believe this center median will also tend to reduce speed of internal traffic.
4. 57`"li4 Avenne Connection—Taldng advantage of existing public right-of-way,a half-
cul du sac is designed south of the property boundary. This,together with appropriate
signage,offers non-resident traffic the opportunity to tum around before entering private
property. As with the above-mentioned roundabout,final construction design details will
be reviewed the City Engineering. •
5. Speed Bumps in Drive Lanes—Upon review with our design consultants,we believe
that the added roundabout and the landscaped center median will have a slowing effect on
internal traffic. Therefore,we do not propose to add speed bumps to our plan revisions.
Because safety is always a primary concern,we will monitor internal traffic and be
prepared to add speed bumps in the future if deemed necessary.
6. Privacy Fence—The revised plans now include a seven foot(7.0')high privacy fence ta
be installed the entire length of the east property line. The fence is intended to be 2-
toned,maintenance free vinyl material without space between slats. The plans call for
twafoot jogs in the fence line every 25 feet to create visual interest and improve stability
of the fence.
7. Landscape Plan—The landscape plan has now been revised to specify planting species,
caliper size minimums and planting details. It also now provide a planting schedule.
$. Ornamental Fence University Avenue—An ornamental fence design is intended to
extend the University Avenue fence feature now existing south of the subject praperty.
• While not shown on these plans,the fence will be shown on the final construction plans.
(A photographic image representing the intended fence is included in this package.) We
anticipate the wrought iron panels will be equipped with a"gate"or"access"feature to
allow the fire departrnent access to the fire hydrants situated on the west side of the site.
9. Fire Hydrant Qnantity and Locations—This current plan revision incorporates the
number and placement of fire hydrants as directed by the Fridley fire department.
10. Sidewalks—The sidewalk paralleling University will remain at six feet wide due to lack
of space in this area. The pedestrian walkway within the"green space"has been adjusted
to be more efficient and reflect the curve line of the divided drive lane.
170
11. Lighting—The plans now call for bollard lighting to be added along the University
Avenue sidewalk. The bollard lights aze in addition to the typical building lighting and
parking lot lights to be installed pursuant to an approved lighting plan.
BUILDING DESIGN- The Cielo is intended to bring a contemporary,urban feel to the
University Avenue comidor. The buildings are each designed with flat roof¶pet roof line,
multiple variations in the vertical plane(i.e.numerous"bump-0uts"and"in-sets")providing
visual relief to the long continuous building plan. Buildings 1 and 2 are approximately 576 feet
in overall length. A variety of different,maintenance-free exterior materials and colors aze also
introduced add interest and balance to the building fa�ade. Exterior materials such as EIFS,
cultured stone and metallic panels aze currently being considered.
The buildings are all designed as four-story structures,however the first floor will contain a
pazking garage with main entrance(at grade)and common areas. Three stories of apartment units
are then situated above the parking structure. There will be no apartment units on first floor.
Overall building height is approximately 51 feet. The entire building will be served by an
automatic fire suppression system,hydraulic elevator,security camera system and controlled
• entry devices. Construction will be of wood-frame,with slab-on-grade foundation floor(i.e.
parldug gazage). Trash collection will be contained in the pazldng garage,so no outdoor trash
enclosure is required. Each building will offer its own interior amenity package. The amenities
offered in each building are still being developed,but aze expected to include: coxnmunity/party
mom, fimess center,theater,on-site management office.
Buildings 1 and 2 aze designed to have the potential to be connected by a skyway link.If this link
is constructed it would allow residents in Building 2 a convenient way to walk to the north end of
Building 1 to access the future pedestrian bridge and Metro Bus stop location on University
Avenue.
Each building will offer a variety of unit plans including a mix of studio units(540 SF+/-); 1-
bedroom units(780 SF+/-);2_bedroom units{1,156 SF+1-)and 3-bedroom units(1,314 SF+/-).
The apartment units will feature a private balcony,full ldtchen appliance package,center islands,
pantries,track lightittg,washer/dryer in each unit,walk-in closets,raised panel doors,window
- treaCments and central air via"magic-pak"HVAC equipment.
PROJECT TiMING—We are eager to complete the municipal approval process by the end of
February and enter into a development agreement and purchase agreement with the HRA by the
end of April. If approvals and design work proceed as planned,construction of the first building
could commence in mid-Summer 2014. Allowing for a 12 month construction period,the first
building rnay be open for occupaiicy in the summer of 2015. After the completion of the first
building,it is intended that the subsequent buildings will be constructed as the market and the
building season allows.
Enclosed with this cover letter,please find:
• 2 full-size site plans/landscape and engineering drawings
• 2-11x17 site plans/landscape and engineering drawings
� One CD containing the digital files on all the above drawings
171
We thank you in advance for considering this application. Please feel free to contact me at(320)
258-4438 or(612)242-6097 if there are any questions.
Regards,
' ent Development,LLC
� __-__._.�.
G_ �
'
Ro .Fink
Sr.Vice President
Enclosures
C: Scott O'Brien,Trident Development,LLC
Dean Stienessen,HMA Architects
Joe Radach,PE,Carlson McCain,Inc. ,
172
MEBTING NOTES
THE CIELO APARTMENT COMMUNITY
FRIDLEY,MN
NSIGHBORHOOD MEE'I7NG
January 9,2014
A neighborhood infornn�tional meeting was heId at 6:00 pm on Thursday,Jan,uary 4,2014 in Room 109
of the F�idley Cammunity Ceata at b085 Seventh Stre�t NE,Fr,idley,MN. The me�ing w.as c�n���
by Trident Dcvelopme�.t,LLC,Roger D.Fink, Sr.Vice President and HMA Arclutects,Dean Stiene8sen,
Sr.Project Manager. A total of 154�invitations weae mailed out and 15 or 16 neighbors were in
attc�dance(sign-in sheet atta�hed).
Roger Fink and Dean Stienasseara provided backgtvund infoitnation on their respective companic��d
dsscxi'bed how profesaional,third-P�Y Pi'oP�Y�ement is solected and impleaaented for multi-
familY ProPerties,
' Fink proceeded t�deseribe the phyeicat site conatraints of the development site,and how theae limitations
affect the organization of the site plan. A complete presentation of the pmposed site plan details�cvas
made followed by a descziption of the builciing impravements and parldng design ea,d t��ciroulatitm.
The presentation included aerial photograph of the subjact properties,aud boundazy line map�eolor�ite
plans drawin�and$con�eptua]bt���g elevation. Samples of privacy fencing products were aL�o
circalated£or consideration.
The floor was then opcn for questions and�nswers. The sudience expresscd iirterest and asked well-
pointed questions,each of which veere ausweced by eithe.r Fiak or Stienessen. At tho oonchision of the
discuasion,a list of suggestions aad�quests were compiled:
• Close-off 60m Street at the property line mak�.g it a dead-and.
• Include a solid,7�oot privacy fence along the entire east boundary line of the property. No
_ openings or open s1�fs.
• Increase"stacking"sp�ce at the drive-way on to 61`�Street due to corigesCion.
• • Design speed burnps in the parking lot drive lanes.
+ Investigate if current public sidcwalk(along frontage road)will remain aocessible foz
neighborhvod use,
• Priar to instailation of the new privacy fence,sta.ice the proposed fence(ine and re�ieR,the
location with any n�ighbor who has concGrns over the fence ptaceinent.
Fink reminded the neighbors that the City arill be conducting future�ublic heariugs relatinig to this
PmJ��,��8��1'�Y vacation praeeeding,to which the neighbors will be invited.
The c�uestion a�d answer period ended at 7:OOpm af�er which the audience wa�invited to come forward
and review in greater detail the site plan and aerial displays. The meeting concludeci at approxitnately
7:20 pm.
173
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� RI EN
Devdopment, LLC.
3601 ]8th Street South•Suite�]03•St.Qoud,MN 56301
Phone: 320.258.4438•fiax:320.252.3603
Docember 13,2013
Mr.Scott Hickok
Community Development Director
Members of the Fridley Plaaning Commission �
6431 University Avenue N.E. '�
Fridley,MN 55432
HAND-DE�LdVERED
Re: TRr1NSIT ORIENT7'sD DEYEI OPMEIVT MASTER PLA1V APPLICATION I
_ S-2 REDEYELOPMENT DISTRICT PROJECT PLANAPPLICATION
--�--TREET.AL.LE'YAND EASEMENT T�ACATIONAPPLICA?TON
TEE CIELO TI-FAI�IILYgOl1SINGDEYELOPMENT
Dear Mr.Hickok and Membcrs of the Fridley Planning Commission:
�
Trident Development,LLC is please to present this series of plarming applications for a new
multi-family housing development to be lrnown as"1�CIELO"for your approval and
recommendation to City Council. The following natrative is intended to generally describe the
Proposed project,as well as the operations and eacperience of the development team.
REQiTEST-Tridetrt Development,LLC is requesting approval of: 1)a Transit Otiented
Development Master Plan;2)an S-2 Redevelopmart District Master Plan;and 3)the vacation of
certain streets,alleys and easements necessary to allow for a multi-family housing development,
as further descnbed below.
GENERAI,DEVELOPMENT CONCEPT—To re-develop an existing,undelutilized parcel of
• 8.86 acres into a first-ciass,multi-family apartment communiry,serving th�hausing needs of the
Fridley market while enhancing the University Avenue corridor. Tlus plan contemplates a total
- of 256 apartment units,contained in three(3)separate apartment buildings—2 buildings of 104
uuits each and 1 building of 5'7 units—together with covered and surface off-sttcet parking. The
Cielo housing development will achieve a density of 29 units per acre,or 1,508 square foot of
land per dwelling unit.
LOCATION—The proposed development site is locatod on tho HRA re-dcvelopment land lying
an th�esst�ide of University Avenue,between 57�'%x Avenue and 61°�Avarue,commonly
referre,d to as the Gateway redevelopment area. It is north of the Gateway townhomes and
convenience store at 57'�'/Avenue,and is approximately thre�blocks south of the Fridtey City
�• �'�����-�i1Y n�8h���e�cists immediately east of the site. The site offers
close proximity to the Metro Transit Bus system�d the Nortbstar commuter rail station. The
property is a long,rectangular shape and contai.ns an e��isting frontage road,42 vacant lots some
un-vacated alley,a portion of 60�`.Avenue IVE and former MnDOT right of way. The site�
dimensions are approximates 2,005 feet of ltngth.along University with a lot depth of 19�feet
(avg). The total of all combinod land area equals 386,082 square feet(approx.)or about 8.86
175
acres. This property will eventually be platted,but preliminary and final plat applications will
come before the City at a later date.
STl'E ORGANIZATION—Due to the long,nazrow shape of the site,the buildings aze
positioned in a lineal fashion fronting the length of University Avenue. The buildings observe a
setback distance of 15 fee�from the Univetsity Ave Right-0f-Way;42 feet from the north
property line(61"Ave.);and the southerly-most building is set back 64 feet from the south
property line. All buildings are situated appmximately 90 feet from the easterly properiy line,
where the rear yards of the single family homes are located. The surface patking is located on the
east side the buildings so as to not bc visible from University. The proposed buildings maintain a
minimum separation of 58 feet,however,two of the buildings are proposod to be conttected by a
skyway. The site plan offea�s three points of access for vehicles. The main entrance is off 61�
Avenue,with a secondary acce.ss provided by 60�`Avenue. Vehicle access is also provided at the
south end of the site via 57'�h Avenue. A generous open/green space offers out�or amenities
such as a walking trail,a picnic and grilling srea and a gazebo. This open space also allows for a
certain amount of storm water infiltration. Sidewalks are included in the design,providing
convenidrt pedestrian access to public sidewalks and to other areas of the neighborhood.
OFF-STREET PARI�NG—The Cielo development plan provides both cov�red and surface,
off-s�treet parlcing. The parldng plan calls far a total of 460 pazking stalls,including handicapped
parldng,serving the 256 dwelling units,or a ratio of 1.74 stalls per unit. The parldng is allocated
as follows:
Building 1: 89 Surface Parking+89 Covered Pazldng= 178 Parking Stalls(1.?1/unit)
Building 2: 91 Surface Pazking+89 Covered Parking= 180 Parking Stalls(1.73Junit)
Building 3: 43 Surface Parldng+59 Covered Pazking= 102 Pazking Stalls(1.79hmit)
The pazkin.g stall dimensions are 9 fe�t by 18 feet(lb2 square feet). All drive lanes ma.intain a
minimum widih of 25 feet.
The off-street parking ratio is somewhat�below the minimum parking standazds for a multi-family
district,however,we request a lower parking ratio in as much as may be allowe�under the TOD
District.
LANDSCAPING/EXTERIOR LIGHTING- Due to the high-density nature of this '
development and the limited amount of�space,the landscape plan attempts to create an
inviting outdoor area wherever possible. This plan pmposes to concentrate plantings around the '
perimeter of the buildings and in the outdoor amenity area for greater esthetic impact: The
possibility of transpiantiag some of the existing trees will also be carefully eaamined. The
wallcing trail/picnic area affords the opportunity for the greatest number of tree and shrub
plantings. The landscape plan provides the following planting schalul�:
22 dxiduous trees
57 conife�ous trecs
71 ornamentaJ trces
150 Tota]tree plantings
Sod will be provided at all open green space as ground cover and all sodded areas will be
irrigatod.
The e�tterior lighting plan is still being developed,however the objective is to provide a well-lit,
secure exteriar environment for the residence and guests. The parking lot will be illuminated
with 25-foot bronze light poles with"shoo-box"style light heads, assuring that the light elesnent
is not visiblc fiom neighboring residents. The walking path and sidewallcs are i��uded to have
176
bollard lighting placed at appropriate distances for safety and visibility. There will also be
building lighting to softly illuminate sides of the buildings after dark. A photometric plan will be
prepared and submittod to the City far review and approval.
BUII,,DING DESIGN- The Cielo is intended to bring a contemporary,urban feel to the
University Avenue corridor. The buildings are each designed with flat roof 8c parapet roof line,
multiple variations in the vertical plane(i.e.numerous"bump-outs"and"in-sets")providing
visual relief to the long continuous building plan. Buildings 1 and 2 are appmximately 576 feet
in.overall length. A variety of different,maintenanco-free exterior materials and colors aze also
introduced add interest and balance to the building fagade. Exterior materials such as EIFS,
cultured stone and metallic panels are currenfly being considered.
The buildings are all designed as fow-story structures,however the first floor will contain a
parking garage with main entrance(at grade)and common areas. Three stories of apariment units
are then situated above the parking structure. There will be no apartment units on first floor.
Overall building height is approximately 51 feet. The entire building will be served by an
- sutomatic fire suppression system,hydraulic elevator,security camera system and controlled
entry devices. Const�uction will be of wood-frame,with slab-on-grade foundation floor(i.e.
. parking gazago). Trash collection will be contained in the parking garage,so no outdoor trash
enclosure is required. Each building will offer its own interior amenity package. The amenities
offered in each building are still being developed,but are enpected to include:community/party
room,fitness center,theater,on-site management office.
Buildings 1 and 2 are designed to be connected by a skyway link,allowing resident in Building 2
a convenient way to walk to the north end of Building 1 to access the future pedestrian bridge and
Metro Bus stop location on University Avenue.
Each building will offer a variety of unit plans including a mix of studio units(540 SF+/-); 1-
bedroom units(780 SF+/-);2-bedroom units(1,156 SF+I_)and 3-bedroom units(1,314 SF+/-).
The apartment units will feature a private balcony,full kitchen appliance package,center islands,
pantries,track lighting,washer/dryer in each unit,wallc-in closets,raised-panel doors,window
treatments and central air via"magic-pak"HVAC equipment.
PROFESSIONAL MANAGEMENT—The facility will be professionally managed by Granite
_ City Real Estate,a certified property management company. GCRE brings over 10 yeazs of
experience and manages over 1,400 multi-family rental properties throughout Minnesota. GCRE
amanges for all marketing,leasing,renter qualification,property maintenance,day to-day
management and operations,enforcement of rules,and on-site supervision. All site
improvements and building design features are coordinateci with GG'RE to meet the needs of the
residents and the operation of the staff. (www,granitecitypmperites.com)
DEVELOPMENT TEAM—Trident Development,LLC is based in St.Cloud,MN and has
considerable experience in development and construction of multi-story apartment housing.
Trident and Lyon Contracting are the same companies who developed and constructed The
Landmark of Fridley Seniar Living Community at the former Sandee's Restaurant site. Trident is
currently under construction with a 114unit assisted living facility in North St Paul,MN;
recently completed a 70-unit assisted living community in Andover,MN,developed a similar
proPerty in Ramsey,MN,and has successfully completed numerous apartment and townhouse
developments around the state. Trident's team of real estate professionals have over 30 years of
real estate experience.(new web site currartly under construction) Trident and Granite City Real
177
Estate work closely together in the design and dttails of each apartment develapment-to assure
quality,funcdonality,market appeal and to dcliver a quality living environment for all residents.
PROJECT TIlVIIIVG—We are eager to complete the municipal approval process by the end of
January and enter into a developmeat agreement and purchase agreement with the HRA by the
end of April. ff approvals and design work procced as planned,construction of the first building
covld commence in mid-Summer 2014. Allowing for a 12 month construction period,the�rst
building may be open for occ�cy in the summer of 2015. After the compldion of the first
building,it is i�ended that the subsequart buildings will bo constructed as the market and the �
building season allows.
Enclosed with this cover letter,please find three(3)completed and signed application forms,
together with two checks of$1,500.00 each—one for the TOD/S2 Master Plan Applications,and
one for the Applicatiom to Vacate Alleys&Streets. Also included are the following submittal
materials:
• Legal description ofthe subject pmpeaty
• 3 full-size site plan and elevation drawings,folded
• 1 —l 1x17 site plan and elevation reduction and 1—8-1/2 x 11 site plan and elcvation
reduction ,
• 3 full-sixe landscape plan drawing,folded
• 1 —l 1x171andscape plan reduction and 1—8-1/2 x 11 landscape plau reduction
• One CD containin8 the digital files on all the above drawings
The recl�'��'e3'�u�tY,�ding�drainage will be delivered to the City offices undes separate
cover.
We thank you in advance for considering this application and look forward to your approval and
recommendation to City Council. Please feel&ee to contact me at(320)258-4438 or(612)242-
6097 if there are any questions. .
Regards,
Trident Development,LLC
� .
� ''` — -
Rogcr D F
Sr.Vice ident
Enclosutes
C: Scott O'Brien,Trident Development,LLC
Dean Stienessen,HMA Archite�ts
Joe Radach,PE,Carlsan McCain,Inc:
,
178
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l
i AGENDA ITEM
CITY COUNCIL MEETING OF FEBRUARY 10, 2014
`moF 1NFORMAL STATUS REPORT
fltDLEY
To: Mayor and City Council
From: Wally Wysopal, City Manager
Date: February 7, 2014
Subject: Organized Refuse Hauling
The purpose of this briefmg is to advise the City Council and the public as to the status of �
organized refuse hauling negotiations.
On December 2, 2013,the City Council adopted a resolution directing negotiations to proceed for
organized residential refuse hauling in the City of Fridley. Meetings are proceeding according to
the terms of Minnesota Statute 115A.94. The City and representatives of the licensed refuse
haulers met on three occasions--December 16, January 7 and January 28. A fourth meeting is
scheduled for February 11.
Negotiations have been collaborative and productive and are ongoing. The participation rate is
100% of the haulers.
It is premature to predict when the group will conclude its proceedings. The minimum 60-day
period as required by statute will be met and the group will take the time necessary to negotiate in .
good faith. The haulers and the City agree that the 60-day requirement is a minimum and not a
maximum period. ,
This briefing is at the request and consent of all the haulers.
Thank you for your consideration.
182