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ZOA88-01 ciTY oF �R�a�.�Y R�ZONING R�QUEST ZOA � �8-�j ) ' 6431 UNiVERSlTY AV�.E. , FRIDLEY, MN 55432 VACATIOM�QUEST SAV � 2B (612)571-3450 �� ,�.�� PLATTING REQUEST P.S. � RH�TJEST FEE'�� PARK FEE RECEIPr # � 7 SS 3 sa��r.,ID �r�nvc a�r�asszoN r��rnJc n�� 1� I � ' S��Bg S��ID Cz� �1vC� t��rIl� nA� � -� 1 �,s�, _ n�i PROPERTY INFORMATION � �oP�� zFss __� �1 � oo� I-�71 w,�� I LF�AL DESCRIPrION: • LOT BIACK TRACT/ADDITION PRFSENT ZONING `R'3 RB�UFSTID ZONING C � - � RE�SON Ft�R R$�UEST: A site plan shaaing the proposed future use is required for all rezoning. . WC�:�.�c�C 11 �cC � �J�.c-c�.GE? C7'�-(i�e '�.�l� �c� ��.:t,.. G'�'� 2 �(�,crc'p� a C qN� d- Ip01 ************************************************************************************ FEE OWNER INFORMATION NAA� (please print) CHERYL L. STINSKI PHONE # 612 571 9049 ADI.�tESS 1612 BERNE CIRCLE FRIDLEY MINNESOTA SIGNAZLTRF � ��1 I�ATE ___3/4/88 ********�***************��*�***��''�*e��*�u��*��*��********�********�********* PETITlONER INFORMATION NAF� (please print) CHERYL L. STINSKI PHGNE � 612 571 9049 ADIIZFSS SIGNAZURE � -��1 II�TE 3/4/88 ************************************************************************************ � PLANNING O�MtdISSION : APPRCXIID DENIED DATE QTY Q�IJNCIL: APPRWID DENIED IaATE STIA7LATIONS: , . 1 � � . '?'he petitioner hereby understands that: � :_. The City will notify all residents and awners of property within 350 feet of said property for rezoning and platting and 200 feet for vacation. Ilf • 2. This application tnust be signed by all oHmers of the property, or an F�:•�lanation given why this is not the case. 3. F�_ ::��nsibility for any defect in the proceedings resulting fram the failure tc '_...,� the names and address of all residents and property awners of pro�� in question, belongs to the petitioner. 4. A scaled plan of proposed property and structure must be drawn and attached, shawing the follawing: * North direction * Location of proposed structure, and front and rear setbacks * Landscaping, if applicable * Street names 1/�lyWL� l� l� arrax�..,�,a...., � ��I��jrU / . _ . . � �� —_—._ __—_— � \� !/ _ -- .._'—_ .— 1 � �' ��/ 7340 - 101st Street_North_________ _ �� --- -- - - - - � �j� /� / � 7UG'l.Ul7.�?�%Oj�-'__[+Lashington.----------- --_ __-- �f,l'�l�l/r �� _ / .. �i — is �ruxv��J�iP%oum�� , �n��a��,�a.u7��%��rim�i �� , , � ��, , �✓ ' --� 7!:��Pi O�fl�tl't�Z �l!'f'6C�C�`Ef�/��"l,C�';,�f�f.l,l1'�l'�,G�2i��lP/ �U,C ,�� • All that part of Lots 2 and 3, Auditor's Subdivisi thereof on file and of record in the office of thE west of the east 1580.4 feet thereof, and lying nc of the Northwest Quarter of the Southwest Quarter Anoka County, Minnesota; and which lies south of ' Addition, according to the map or plat thereof on Registrar of Titles in and for the County of Anok � ,r��l,�o',��,��.�� rlaorc�r�.��ndan�i,ririlel,P.��na��,./�i�ia' I ,�.��l�i/erji��c�am�irnc.od�4u��d/�„a'd�iitrtr��,�ir��,a�v 50�:� � �1�i�n��rnti,ol.��'�,aI,�J�in��,c�Si,�-�+',rdt�,un�i�l%l�i.e,�,a ��aarn.r.�2a�uiilP,�d�fifr/P�.rr�%o�,le��/ p � � �. .��'-IlFrl7/I�,Q"Jt��.�II4!`-01:Q�JPlYQ'G'A'drlf.'G��Itl�/?d'�-Il%ll�/LI,!'./1i�� .4,cO....,�.,.�o•�nl ir fiolta�i,ncd,o�ev'eP�nq' _ �'!�'�d � t _.. 4, 1►.+,�, . ��.)1:y , � Form No. 1•M—WARRANTY DEEO �tlnne�ol�Unlfortn Conveysncln�Bl�nk�(1978) • Miller•O�vif Co..MMneYpolif I�dividusi ls) to I�dividusl(s) � � No delinquent taxes and transfer entered;Certificate ' of Real Estate Value ( ) filed ( ) not required Certi[icate vf Real Estate Value No. ' � � 19 �� i " � i County Auditor � ' hy De ut • � � STATE DEED TAX DUE HEREON: $ Unf.e• , 19 (reserved for recording data) FOR VALUABLE CONSIDERA'TION, ARVTN T , .A MAN and R�SF. AR F. H c; .A MAN+ hiG wife � � ,Grantor(s), (meritel stetusl hereby convey(s) and warrant(s) to CHF.RyL. T� NYBDa a s i nql P nPrson ,Grantee(s), real property in Annka County,Minnesota,described as follows: � �� .. ,' a ! All that part of Lots 2 and 3, Auditor' s Subdivision No. �25, �; ;�s� � � according to the map or plat thereof on file and of record in the � office of the Anoka County Register of Deeds, lying west of the east � ' 1580. 4 feet thereof, and lying north of the south line of the north " half of the Northwest Quarter of the Southwest Quarter of Section 24, , Township 30, Range 24, Anoka County, Minnesota; and which lies " south of the south line of Lyndale Builders 6th Addition, according � to the map or plat thereof on file and of record in the office of � the Registrar of Titles in and for the County of Anoka, Minnesota. � Torrens - Certificate of. Title No. 42965; g� (it more space If needed,cont�nue on beck� �CO t �I U@Cl 011 �J �C together with all hereditaments and appurtenancea belonging thereto,aubject to t�ie �'o1low�ng excep��on�: /J � � �'� Form No.27•M—�UIT CLAIM DEEU �nne�ot�Unitorm Convey�nclni��kt(1878) S td+ner•D�.4 Co.Minne�po��s Individual(t)to tndividual(s) No delinquent taxes and transfer entered;Certificate of Rea] Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No. , 19 County Auditor by De uty STATE DEED TAX DUE HEREON: $ G% �� 3v Date: ��U' �� , 19 S� (reserved for recording data) FOR VALUABLE CONSIDERATION� THE�DORF. S � AND and HARLOT . g i ANDT' �llsband and wife ,Grantor(s), Imarital stetus) hereby convey(s) and quitclaim(s) to (_NF.RYi. i._ NYRn __ ,Grantee(s), real property in Anc�ka County,Minnesota� described as follows: That part of Lot 3, Auditor' s Subdivision Number 25, lying ' West of the East 1580. 4 feet thereof and lying South of the South line of the North. half of the Northwest Quarter of the � Southwest Quarter of Section 24, Township 30, Range 24,, Anoka County, Minnesota. Al1 that part of Lots 2 and 3, Auditor ' s Subdivision No. 25 , according � , to the map or plat thereof on file and of record in the affice of the . Anoka County Register of Deeds, lying west of the east 1580. 4 feet thereof, . and lying north of the south line of the north half of the Northwest Quarter of the Southwest Quarter of Section 24 , Township 30, Range 24, Anoka County, Minnesota; and which lies south of the south line of Lyndale Builders 6th Addition, according to the map or plat thereof on file and of record in the office of the Registrar of Titles in and for the County of Anoka, Minnesota. Torrens - Certificate of Title No. 42965 (it more space is needed,continu�on b�ck) toget�her with all hereditaments and appurtenances belonging th to. �i . i�� "^�� \ � • � zc P[TBLIC HEARING BE�RE �iE PLAAINING �N1MI.SS ION Notioe is hereby given that there wi11 be a Public Hearing of the Planning Commissior� of the City of Fridley in the City Hall at 6431 University Avenue Northeast on Wechesday, May 4, 1988, in the C,o�mcil Chanber at 7:30 p.m for the purpose of: Consideration of a Rezoning, ZQ� �88-01, to rezone from R-3 (Ger�eral Multigle Dwelling) to CR-1 (General Off ice) on p�rt o�' Lats 2 and 3, Auditor 's Subdivision No. 25, the saane being 1001 Hillwind Road N.E. Any and all persons desiring to be heard shall be given an oppc>rtt�ity at the abave stated time and plaoe. DOrTALD BETLQ�D CHPIIRMAN PLArII�1ING �NII�SS ION Publ ish: April 21. 1988 April 27, 1988 Any questions related to this item may be referred to the Fridley Community Developnent Department, 571-3450. � � � � 3 AJBLIC HEARING BEF�ORE TfiE QTY COUNQL Natice is hereby given that there will be a Public Hearing of the City Council of the City of Fridley in the City Hall at 6431 University Avenue Northeast on Monday, J�e 6, 1988, in the Co�cil C�a¢nber at 7: 30 p.m. for the purp�se of: Consideration of a Rezoning, ZOA #88-01, by Cheryl Stinski, to rezone fran R-3 (General Multiple Dwelling) to CR-1 (General Off ice ) on part of Lots 2 and 3, Auditor 's Subdivision No. 25, the same being 1001 Hillwind Road N.E. Any and all persons desiring to be heard shall be given an oppc>rt�ity at the above stated time and plaoe. w�'�,r,IAM J. NEE N�YOR Publ ish: May 25, 1988 Jts�e 1, 1988 Any questions related to this item may be referred to the Fridley Community Develognent Department, 571-3450. 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' • O : - O � -� . � O �O s � ' ' .1i� �► � -Q = _ � , 3 E '� . ___. � � _o . , _ �- . 0 �� - . � o . . • � . 0 '� v s � � � ` � Y � � O � V ! a , • o , � � � � � . �� J � � : ��O�L5 ��o�oz FLOOR PLAN � W 5 � Y r � � I i . � ___._ �_._._ ------------_ � Q' DATA: Q . . fIT[ Lq�ACtEf(I�,fN ff� � �UIIDING OATA: � ' 7275� NfTSQUA�EfEEi(Nff)(Z�Njftl�CO - QC►tTAL . '..' Efi1GENCr •1x(2273�/1��N) � � /AR[ING CAICUlA110NSs � w ' 127f� Nti/ZS�if►ER fiAll t fl CA�f ltQ. � � � '� ACTUAL MRKING COUNT t !1 �n.. . �l��'� I C � ' �� — --- - - • � � . ' QiNTAL � + � �.•. �.� L1 � • , ' °- .v . ��y� �+�o��aw� - ., _.�. � THIRD fLOOR PLAN � ENTRANCE ELEVATION (SOUTH) � l200 GSf f1lNtA1,. N r ' • . �y 29G.'�p � � 1 , 1 - I1 -_.�• QaMtA1� ' r � er . _ 1 � �---- - . � � . � � �; SECOND FLOOR PLAN . �: . - - _� � . r _�_. , � K00 GSF �• � j' � • . a '^ ' j♦ �h+i/��ea u� _I I'r . � � • ` . ,�'� `„ _ . � .. � . � , QlNf�L � � �/�` •- � � � • #} 2 • t'••_r � ' _a�w.w. 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O � � OQ�� , , , ,<< � � 1 ; �� 3 ' � a',. g � I • ' �0 � � IA j --- -- � ►��►�`i„� 1A • s. �sri i - - -� \M� � r6 st �� u k �f� r ,�� i .. �`e. ; ' Qa�„ n�j'`�� " a �a �a ,'� 1"�i� V) - ,oo� -i Z ? r.c,: ; �� r fA „ �< �. � W ' � N 1f� ss X �� ;> � � > ' ��',� a f3.ls N�s��dr fs�:1� � h o :�� "' ° �- " o ` r D� f " ---- � a � O' �ti �� p/�` "J � ��,� � ' ---- ��a r^� ij� �` u► � � W � �� 0� � ' 1� IA � �' : tia�� , � s� �F./ ��n r.� �� j a x 6�f � Q ��0�.. tA ' � �, �►�.\� v . .4Q� � � 4i- �� ' n� � �- . � � t .1 ,, � � / . � • City of Fridley Public Hearing BEFORE THE PLANNING COMMISSION Notice is hereby given [hat there will be a public Hearing of the Plan- ' ning Commision of the City of Fridley in[he City Hall at 6431 Uni- versity Avenue Northeast on Wednedsday, May 4, 1988, in the Council Chamber at 7:30 p.m.for the purpose of: Consideration of a Rezoning, ZOA 88-01,to rezone form R-3(General Multiple Dwelling) to CR-1 (Gen- eral Office)on part of Lots 2 and 3, Auditor's Subdivision No. 25, the � same being 1001 Hillwind Road N.E. _ _ Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. DONALD BETZOLD CHAIRMAN PLANNING COMMISSION Any question related to this i[em may be referred to the Fridley Commumty Development Depart- ment,571-3450. (Published in the Fridley Focus Apri127,1988) -. ____._ . _ .. . . . _. _ I � � City of Fridley PUBI,IC HEARING �, BEFORE TIiE CITY COUNCIL Notice is hereb iv en wi�1 be a Public Hearing(thetCity Council of the Cit City Hall at 6931 Un versty q enue i Nort h e a s t o n M o n d a ,J u n e 6 i n t he Counci l Chamber at 7:30 p�m. I for t he purpose of: Considerat�on of a Rezoning, Zpp � . - � 88-01, by Cheryl Stinski, to rezone from R-3�General Multiple Dwell- ing) to CR-1 (General Office) on part of Lots 2 and 3, Audi[or's Subdivision No.25,the same being 1001 Hillwind Road N.E. Any and all r pe sons desiring to be , heard shall be iven an op at the above stated time and�rtunity place. WILLIAMJ.NEE MAYpR Any questions related to this i[em may be referred to the Fridley Community Development Depart- ment,571-3450. - �Published in Fridley Focus May 25&June 1,1988) r— - _ __ 2D Plannin 4/21/88 g Council 5/20/88 MAILING LIST ZOA 4688-01 Cheryl Stinski City Council Members Planning Comm. Chair Cheryl Stinski Ray Wells 1612 Berne Circle N.E. 1000 Lynde Drive N.E. Fridley, MN 55432 Fridley, MN 55432 � �Polk Street Investment Group Lynde Investment (�� 2901 Metro Drive, �I105 Robert Shapiro �� Bloomington, MN 55420 9801 Oak Ridge Trail Hopkins, MN 55343 Polk Street Investment Group 5650 Polk Street N.E. Resident Fridley, MN 55432 990 Lynde Drive N.E. Fridley, MN 55432 Resident 5660 Polk Street N.E. Resident Fridley, MN 55432 � 950 Lynde Drive N.E. Fridley, MN 55432 Bronson Erickson Inc. 3231 Central Avenue N.E. Resident Minneapolis, MN 55418 910 Lynde Drive N.E. Fridley, MN 55432 Sundial Properties 961 Hillwind Road N.E. Real Estate ]0 Office � Fridley, MN 55432 951 Hillwind Road N.E. ' Fridley, MN 55432 Toni Fehling 941 Hillwind Road N.E. Fridley, MN 55432 5701 General Partnership 4530 Excelsior Boulevard St. Louis Park, MN 55416 Resident 5701 Highway 65 N.E. Fridley, MN 55432 Harry McKinley ]O10 Lynde Drive N.E. � Fridley, MN 55432 Harry McKinley Box 32154 Fridley, MN 55432 ' J 04 zoA #ss-o� . � � CHBRYL STINSRI • 2J COUNCIL MEETING OF MAY 17, 1962 PAGE 4 � Mr. Harris asked if they were planning to overlay 78th Str�et under Project 1982-1. Mr. Flora stated this would be done this year and the overlay ►vould not be assessed. MOTION by Councilman Fitzpatrick to close the public hearing. Seconded � by Councilman Schneider. Upon a voice vote, all voting aye, M�yor Nee declared the motion carried unanimously and the public hearing closed at 8:15 p. m. � OLO BUSINESS: — � • L� ORDINANCE N0. 750 AMENDING CHAPTER 205 OF THE FRIDLEY CITY CODE BY ADDING SECTION 205.23 ENTITLED S-2 SPECIAL DIS RICT: MOTION by Councilman Schneider to waive the second reading of Ordinance No. 750 and adopt it on the second reading and order publication. Seconded by Councilman Barnette. Upon a voice vote, all voting a�ye, Mayor Nee declared the motion carried unanimously. 3 ORDINANCE N0. 751 ON REZONING REQUEST ZOA 1i82-03, TO Ar4END THE CITY CODE 0 THE CIT OF FRIDLEY M N��ES TA BY AKIN A H C ANGE IN ONI DISTRICTS S-2 CITY OF FRI�LEY: MOTION by Councilman Fitzpatrick to waive the second reading of �s: Ordinance No. 751 and adopt it, on the second reading and order ��; publication. Seconded by Councilman Hamernik. Upon a voice vote. 4" all voting a�ye, Mayor Nee declared the motion carried unanimously. �p„ �C� 5 SECOP�D READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE CITV OF � 'a� FRIDLEY MINNESOTA BY MAKItJG A CHAN6E IN ZOIJING DISTRICTS ZO M80-02, � ��r� 1001 HILLWIND ROAD, ED BURA�JDT, dba: SWING RE LTY: \ � ►.�` (p�/ � � Councilman Schneider stated he understands that Ms. Nybo is not able to '�•L complete her requirements, therefore, he has contacted Mr. Bur�ndt who � ��N —70� has requested ihe Council table action on this item for another month. � � ��' � �V t�tOTION by Councilman Schneider to table this for one month. Seconded ��-' by Councilman Fitzpatrick. Upon a voice votej all voting aye, Mdyor Nee declared the motion carried unanimously. b COIJSIDERATION Of APPOINTMENTS TO HOUSING AND REDEVELOPMENT AUTHORITY AND ENERGY COPIMISSION TABLED 2/1 82 AND 5/3/82 : , . ' s PHOUSING AND REDEVELOPMENT AUTHORITY: - Mayor Nee stated he wished to appoint Walter Rassmuson, 7806 Alden Way, to the Housing and Redevelopment Authority. He stated Mr. Rasmussen is President of the Northeast State Bank, and felt he would bring an important financial background to the Housing Authority. , MOTION by Councilman Schneider to concur with Mayor Nee's appointment of Walter Rasmussen to the Housing and Redevelopment Authority. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the rmtion carried unanimously. v �'ENERGY COMMISSION• MOTION by Councilman Hamernik to nominate Todd Tessmer, 6980 Channel Road, for appointment to the Energy Comnission. Seconded by Councilman � Barnette. There being no further nominations, the nominations were closed by '� � Mayor Nee. � . . r,. . , . _ . . . } .; , , , � .,,: �,, . __._ .. __ , . ;, � � ` � � �� ;,,.. 1�:� � :� .�:, � � �TE 03/07/88 • • ►RpGRAM MA03 MASTER ALORF�S LIST BY ADDFtFSS PF�DPERTY AIDRESS: 1001 HILI�n1Il�ID R4�D 55432 PIN: 24-30-24-32-0010 0000 3rATCIS: A STREET SDGI�NT: 3 LOr: 3 THHI BLOC:EC: AL�IT ION: AUD SI1B I�D 25 PLAT: 54155 PLA� D£SCRIPr ION: WaH EXCEFr IONS RFSIDENT: THD'JDC�tE BURF�'Jr RESID£Nr BUSINFBS: Q�TI�t : THD�DORE BtJR� OWI�t BUSINFSS : GWI�t ALORFSS: 6211 RIVII2V�nT TERR NE , FRIDLEY , NY�T, 55432 QOI�'iEDTI'S: *** 1 REO�RAS SF�ECTED March 7, 1988 Dear l�is. Stinski: We cannot process your rezoning application until the owner of the parcel to be rezoned has signed the application form. According to our assessing files, Theodore Burandt owns this parcel. Please have Mr. Burandt sign the rezoning form and return to us as soon as possible in order to keep the April 6, 1988 Planning Commission date. If this form is not returned to us by Friday March ] 1 , 1988 at the latest, we will have to move the Planning Commission date to April 20, 1988. Thank you for your cooperation. , Jim Robinson ��'� � , ' ❑❑ aul ink and associates, inc. p p March 8� 1988 architecture ■ planning ■ interior design MEMORANDUM TO: CHERYL STINSKI � FROM: BRIAN HANSON RE: HILLWIND OFFICE PLAZA COMMISSION NO. 87590 SUBJECT: TELEPHONE CONVERSATION WITH JIM ROBINSON� ASSOC. PLANNER ON MARCH 8, 1988 AT 2:30 P.M. 1. Jim said that the drawings submitted to the city are incomplete because of the following: a. Drawings: Although not specified in the ordinance, they require in addition to the site plan & building plan, a detailed landscaped plan, a detailed drainage plan (see Mark Burch for requirements), as well as a building elevation showing what materials will be used. Brian told him that this is contrary to what Jock had told Cheryl and himself. b. Setbacks: CR-1 Zoning requires a 15' screened setback adjacent to all residential areas, see 205.16.07-D.6. (Note: C-1 Zoning also requires the 15' screened buffer.) c. Fee owner signatures on the application. 2. March 21, 1988 is the next deadline for an April 20, 1988 commission meeting for rezoning apelications or variences. Jim said if the above items are submitted on time, the drainage plan can come later� yet within 2 weeks of the commission meeting. BH/km cc: Jim Robinson Paul Pink 425 oak grove ■ minneapolis, minnesota 55403 ■ (612) 871-5615 � . . . . . .. . . . . .. . . ... ,. . . . . . . .. • . ❑❑ aul ink and associates, inc. p p . April 4, 1988 architecture . planning ■ interior design MEMORANDUM TO: OFFICE FILES FROM: BRIAN HANSON -�c� RE: HILLWIND OFFICE PLAZA COMMISSION NO. 87590 SUBJECT: MEETING AT CITY OF FRIDLEY 8:15 AM ATTENDING: JIM ROBINSON (lst 10 minutes only). JOCK ROBERTSON, CHERYL 'STINSKI� BRIAN HANSON 1. We discussed the plan being submitted today, for a variance on the 15' landscaped buffer required� to 5' . The landscaping looked ok to Jim yet he said he would review the whole drawing and get back in touch with us. 2. After Jim left, Jock questioned the dimensioning method of the stalls. Brian noted that Jim had approved this at a meeting last week. This is similar to Minnetonka's method of ineasurement. Jock said he will check the interpretation history of this, to make sure that at the council hearing there will not be a problem. 3. Jock will present the project to the HRA after the council meeting June 6th. Prior to that he will need a letter from Cheryl stating what her request for assistance will be. 4. Brian gave Jock 2 copies of the schematic plan and Cheryl made application for the variance and rezoning. Jock said both will be handled simultaneously. 5. A site drainage plan including all utility connections should be sent to the City by April 26th. If any of the above does not meet with your understanding please contact this writter. BH/km cc: All Present Paul Pink 425 oak grove ■ minneapolis, minnesota 55403 ■ (612) 871-5615 � . . � � ❑❑ aul ink and associates, inc. P p architecture ■ planning ■ interior design April 19, 1988 MEMORANDUM TO: OFFICE FILES FROM: BRIAN HANSON '��.� RE: HILLWIND OFFICE PLAZA COMMISSION NO. 87590 SUBJECT: RICE CREEK WATERSHED DISTRICT Brian spoke with Bill Weidenbacher (I�ickoch & Associates-DNR Advisors) (473-4224) about Watershed requirements for the Hillwind site. Bill said that since we are under 2z acres and do not abut any lake or wet lands, we do not need any plan approval from the Watershed District� nor do they have any special requirements that we need to hold to. Bx/km cc: Che 1 Stinski rY Jim Robinson Paul Pink �,I . 425 oak grove ■ minneapolis, minnesota 55403 ■ (612) 871-5615 � �(f� �'h� � ❑❑ aul ink and associates, inc. p p architecture ■ planning ■ interior design April 28, 1988 MEMORANDi7M TO: OFFICE FILES FROM: BRIAN HANSON� RE: HILLWIND OFFICE PLAZA COMMISSION NO. 87150 SUBJECT: CONVERSATION WITH MARK BURCH, CITY OF FRIDLEY Brian, informed Mark, that we are applying for a property rezoning and asked how detailed the required "Drainage Plan" had to be. Mark said, "at this time, all he required is a written statement as to how the drainage will be handled" (in a 100 year event etc. � to meet City requirements). We will need to have a full survey, and drainage plan drawn up. sx/Icm cc: Cheryl Stinski Paul Pink Mark Burch Jim Robinson 425 oak grove ■ minneapolis, minnesota 55403 ■ (612) 871-5615 � � LANNING DIVI ► N � MEMORANDUM c�nroF FRIDLEY IrEMO TO: Jock Robe rt son, C�mn�n i ty Devel opnent Di rect or Planning Conmission Members lrENYJ FROM: Jim Robinson, Planning Coordinator N'EA'i�J I�,TE: June 1, I 988 RDGARDII�: Stinski Rezoning pRonnsAL The petitioner is requesting a rezoning fran R-3, General Multigle Dwellings, to CR-1, General Office, for the purpose of constructing a multi-tenant offiae building of 32,000 square feet. The building would be three stories hic� and built over a surfaae parking area. QE the two parcels involved in the proposal the most southerly lot is al ready zoned CR-1. This parcel presently has the Merrill Lynch off ioe building on it. Zhe northerly parcel whic� is zoned R-3 has a boarded up vacated single fanily house on it. BBQSSB�i�II2 The zaning history in this area indicates that there has been three rezonings along Hillwind Road f rom R-3 to CR-1 dating back to bef ore 1951. In addition, this specific lot was the subject of a rezoning procedure which terminated when the sewnd reading of the ordinanoe was tabled by the City Co�ncil on May 17, 1982 (see attached minutes). Ap�arently at that time the petitioner, then Ms. Nybo, was �ahle to oomplete the requirements for the 1 and devel ognerit. Along with the rezoning, the petitioner is prooessing a variance request for reduction of buffer area between a oonmercial and residential area from 15 feet required to 5 feet prop�sed. This petition was heard by the Appeals Con�nission on April 26, 1988 and was rev�n�c►ended for appraval. The variances Will be plaoed aa the Cnuocil a�;eoda at t�e time of the Ist xeading of the aming ardin�ce. The Planning Commission reco�ended approval of the rezoning of the property with the following stipulations: 1. �e vacated house on the rezoned paroel should be remaved f ram the site prior to the publishing of the rezoning ordinance. (This would ensure that this structure which has been a public safety nuisance would be reqnaied even if develognent did not prooeed. ) 2 The proposed rezoning is for the develognent as outlined on the attached site glans and elevations only. r . � 3B Stinski Ftezoning • � June 1, 1988 Page 2 3. The petitioner or her agent agrees to manage the leasing of the office spaoe in a fashion whic3� would not create a need for on street parking. Should on street parking result, the City may sic� the street as no parking and require that additional stalls be made available or the need be reduoed. 4. Petitioner to work with staff on landscape ref ir�ements and have an agreed upon plan prior to City Co�mcil approval. 5. Petitioner to supply a storm drainage plan which meets with staff apprwal prior t0 final City Council approval. 6. Petitoryer to stzpply a performanoe bond or letter c� credit in the amount of 3$ of the �nstruction value prior to issuanve o�' a building permit. JI.R/dn M-88-111 � LANNING DIVI N � MEMORANDUM cinroF fR1DLEY �I Zo: � � city cbur�cil. rSanbers F�M: J].m R(�UiriSGul. Planni ng Nprdinatpr J�-. DP,TE: June 15, 1988 RDGARDING: Stinski Rezoning It has cxnre tA cur attentian that the parking requirements for the Merrill L ynch Real Estate of f ice in the proposed Stu�ski of f ice bui].cli.ng ws.l l reqw.re greater parking than is currently required for of f ice users. The proposed building which has a net office floor space of 22,500 sq. ft. requires 90 stalls of parking for the office and 4 additional stalls for the net other floor space for a total of 94 required spaces. The pr�posed real estate office, which would occupy less than one-third of th�e gross floor area, may i�equire between 60 and 65 garking stalls during its peak aperating periods. This calculation is based upon a re,al estate office progzam which includes 55 t:o 60 agent spaces and 3-5 clerical assistants. The relatice�ship of the parking denand by the real estate agency as to total parking provid�ed shows that alth�ough they w�uld use less than one-third of the building (75$ of net first floor area) , they w�ould require greater than two-thirds of the parkin� spaces provided shown. I have discussed this situation with Kathy Phillips, the Manager for the Merri.11 Lynch Agency, and sh�e cancurs th,at on Tuesday mornings during the staff ineetings, there could be up to 60 agents and 5 clericals present for 1-2 haurs chzring that time. Other than the staff ineetings, the maximum garking anticipated, according to Ms. phillips, would be 30 parking spaces which w�uld be consistent with their pro rata share of the number of stalls provided. Should City Council approve the rezoning, I think they should do so with the realizaticn that the Tuesday mr�rni n� staff ineeting will present problems, whereby up to 30 cars may be parked on Hillwind Road, which presently has g3rking cai o�e side ail.y. The stipulation which calls for monitoring of parking should perhaps be strengthened to include the requiran�sit for staff appraval of occupancy for each tenant far the builcling to e:nsure that future tenants will not also be excessive parking users. In the event that a problen results, staff �my deny a certif icate of occugancy as being inconsistent with the stipulatio�s of the rezoning. This, of course, could always be appealed to the City Council. JR:ls Nf-88-150 �- - -- � COM�SION APPLICATIO�REVIEW � p�pa�tm�nt Number F��s Date Meeti� Dete Coffiunity Development 14 4/7/88 5/4/88 CITY OF FR!DLEY F��• Addr�ss/D�scription zoa �ss-o� COMPLETE REVIEW CHECKLIST 1001 Aill�ind Road - rezone from R-3 to �R-1 Cheryl Stinski RETURN TO PLA�INING KATHY COMMENTS �i��. �`��-� _ __ __----� JOHN :' �� f/�� '�,�+,��.. �';��w,:�.. �►�,,v�� ARREL � �� LYDE MARK . .9,r ' � , .. /� .-�---_ G� �..�✓r , .� -�,�� ,t s-xtrf %�i� -� , LEON � . , . . ,. :. .. �.r¢ �� G� ./ > Y -G-Z� Q.- �=G��cl 1'.,'' .�-.;.,lt.u.n:-�;r' - _ �1�- Z--r.--iuLP�:� . ,<..�:,,,�/? a ��M . _ _ _ .. . �- ` 3C ' � � Pi*1��"T*tv��^ `''Sim�STOh dtF'FTTI�. MAY 4� 19�8 #88-06, by Menard, Inc. _ UPON A VOICE VaI'E,_�I.b�61'Il�iG AYE► �iAIIZPERSCN BE�a'D DECZARED THE MOTION C�RFtIE�.1�IAAI-�SL Y. • -_-- -- 2, DTTRT.TC` HF:ARTj�',,; QpI�IDERATION OF A RFZOI�I�. ZQA #8$-01, gY (�',RYL STII�15KIs To rezone frcm R-3 (General Multiple Dwelling) to Q�-1 (General OEfice) on part of Lats 2 and 3, Auditor's Subdivision No. 25, the same being 1001 Hillwind Road N.E. � b� Mr. Barna, seconded by Mr. Saba, to waive the reading of the formal public hearing notioe and to o�en the public hearing. UpON A VOICE VOI'E, ALL VUrING AYE, Q3AIRPER.SCN BETZQ�D DECT.,ARED THE MOTION C7�RRIED UNANIM(XJS'[,Y AND THE AJBLIC HEARING (7PEN P� 7: 34 P.M. Mr. Robertson stated the petitioner was requesting a rezoning from R-3 (General Multigle Dwelling) to Qt-1 (General Off ice) ► for the purpose of �ombining the lots and constructing a three-stsory multi-tenant office building. The building would be built wer a surface parking area, so essentially gart of the building would be an stilts with parking underneath. �ao �rcels were involved: the most s�utherly lat which was already zoned CR-1 and presently has the t�rrill Lynch off ice building on it, and the northerly paroel which was zor�ed R-3 and has a boarded-up vacated single f anily house m it. Mr. Robertson stated there have been three rezonings along Hillwind Road fran R-3 to Q�-1 dating back before 1951. In addition, this specif ic lot was the subject c� a rezoning prooedure which was terminated when the sea�nd reading of the ordinance was tabled at the City Council in 1982. At that time, the petitioner, Ms. Stinski (Nybo> , was imable to complete the requi ranent s f or the 1 and devel ognent. Mr. Robertson stated that, along with the rezoning, the petitioner was prooessing a variance request for reduction of a buffer area between a c�r�mercial and residential area frcm 15 feet to 5 feet. This petition was heard by the Appeals Commission on April 26, 1988, at which time they reo�nmenc3ed appraval to the City Co�mcil. Mr. Robertson stated Ms. Stinski has also informally oomm�icated with the HRA and has sent the HRA a list o� groposed financial assistance she would need for this project. Mr. Robertson stated that should the Planning Comanission reoamiend apprav�, staff revomnenct� the follawing stipulations: 1. �e vacated house on the rezoned paroel should be rsnuved fran the site prior to the publishing of the rezoning ordinanoe. (This would ensure that this structure which has been a public safety nuisance would be rema�ed even if� the develognerit did not proaeed. ) 2. 7Y�e proposed rezoning is for the 3evelognerit as autlined on the attadzed -2- � - . � } • 3D *T t�� , � .,,�;TS�TQu :ET NC. M Y 4. • site plans and el�vatiocis only. 3. �e petitica�er or her ager�t agrees to manage the leasing of the office spaoe in a fashior� which would not create a reed for on-street parking. Should on-street �rking result, the City may sign the street as "no g�rking" and require that additional stalls be made available or the r�ed be reduoed. 4. P�titioner to work with staff on landscape ref inements and have an agreed- upon plan prior to City Co�cil appraval. 5. Petitioner to supply a storm drainage plan which meets with staff appruval prior to City Cot,�cil publ ic hearing. 6. �titioner to supply a perf ormance bond or letter of credit in the anant of 3$ of the �onstruction value prior to issuance of a building permit. Mr. Betzold stated that the City had a long history of problens with the old burned out house and getting any 000peration fran the owner. He asked Mr. Robertson if he had any backgro�d informaton on that. Mr. Fobertson stated, yes, that information was included in the files. There was a history � letters to the homeawner going back to about 1981. There were a series of code violations and nuisance violations which culminated in a Criminal Action suit being f iled one year ago, a�d the o�wr�er pleading c�ilty. Mr. Brian Hanson stated he and Ms. Stinski were willing to answer any questions the Co�nnission mic�t have. Mr. Betzold stated he was a little concerned about the history of the property where the o�wr�er was not very o�operative in working with the City; yet the awner is now requesting help frcm the City. What assurances does the City have that the owner was now g�ing to be 000perative when there has been a long history af non�operation including a c�uilty plea to a criminal d�arge. Ms. Stinski stated she did not feel there was any lack of vooperation on her part. Et�ery time Darrel Clark, the City Building Inspector, called her regarding the house, she would get a carpenter out ric�t away to board it up. It was very difficult because the house is in the back of the lot and it is easy for teenagers to get back there and break into the house again. She has boarded the building � 12-15 times. She stated the building was burr�ed and gutted prior to her aoquiring the p�operty, but she felt she has always a>operated with the City w�n she was notif ied to board the building up again. She stated she had not torn the building down in the hope that it would g� hand in hand with the develognerit. Mr. Betzald stated he just warited to be sure that, if something happens and the c3evelopnerit does not go forward, the house will be renaved. -3- . .- . - � � 3E rn rwnrr�r iwntTCCT�] �;F•?(�T�, V 4� 1788 Mr. Barna asked if the petitioner has asked the Fire Departrnent to do a test f ire drill. Ms. Stinski stated, ye,s, she had, t�ut beca�se c� the close proximity to the apartment buil dings, it co ul d not be dorye. Mr. Hanson stated they cb not have any problems with the stipulations as recaYmended b� staff. Zhey seem logical and appropriate and will make for a well di rected proj ect. Ms. Kathleen Phillips stated she was the manager for the Merrill Lynch Real Estate Building. She stated they are talking about renting space in this new off ice building and are very much in favor of the project. �Q�,T by Mr. Saba, sewnded by Mr. Barna, to close the public hearing. UPON A VOICE VQl'E, ALL VOrING AYE, Q-3AIRF'ERSCN BETLQ�D DECZARED THE PUBLIC H EARING CI�CB ID AT 7:45 P.M. �Q�I b� Mr. Saba, seo�nded tr� Ms. Sherek, to recommend to City Council appraval of rezoning, ZOA #88-01, by Cheryl Stinski, to rezone from R-3 (General Multigle Dwell ing) to Q2-1 (General OFf ioe) on part of Lots 2 and 3, Auditor's Subdivision No. 25, the same being 1001 Hillwind Road N. E. , with the following stipulations: 1. The vacated house on the rezoned paroel should be renwed f ran the site prior to the publishing of the rezoning ordinance. 2. Zfie proposed rezoning is for the develognerrt as outlined on the attached site glans and elevations only. 3. �he petitioner or her agent agrees to manage the leasing of the of f ice spaae in a fashion which would not create a rieed for on-street parking. Should on-street rkin result the Cit ma si the street as "no R� 9 ► Y Y � p�rking" and require that additional stalls be made available or the need be reduoed. 4. F�titianer to work with staff on landscape refinements and have an agreed- upon Rlan prior to City Co�cil appraval. 5. i�titioner to supply a storm drainage plan which meets staff approval prior to City Cou¢�cil puhl ic hearing. 6. �titioner to supply a performance bond or letter of credit in the a�namt cf 3$ of the oontruction value priar to issuance of a building permit. UPON A VOI� VOI'E, ALL VUrING AYE, �iAIl2PERSQI BETZQ�D DEQ,ARED THE MOTION C��RFtIED UNANINI�(JSLY. Mr. Robertson stated this item would g� to City Cou�►cil on J�ne 6, 1988. 3. RECEIVE APRLL 4. 1988, PARK.S & RECREATION CC�iISSION MLI�Tr�S: ��I b� Mr. Saba, seo�nded by Ms. Sherek, to��e�eive the April 4, 1988, Parks & Recreation Commission minu'te�.--�'f UPON A VOI� VOI'E, ING AYE, Q-iAIIZPERSCN BETZCLD DEQ,ARED THE MOTION �� -4- i � � FRIDI�Y QTY Q7CTNCII� N�!'II�G OF N�Y 16, 19 88 MY!'ION by Councilman Schneider t � rize the City Manager to enter into this Joint R�wers Agr ith Anoka County for loca.l landf ill abatement activities, d Ly Councilman Fitzpatrick. Upon a voice vote, all voting.-,ay�;I�yor Nee declared the motian carried tmanimously. �- - 6. REC�NIIVG TI� PLANNIlVG 0�1�'II"IISSION N1IN[TITES OF I�,Y 4, 1988: A. CJUNSIDERATION OF A REZONING ZOA #88-01, TO REZONE FROM R-3 (GQ�RAL MJLTIPLE DWELLING) TO CR-1 (C�L OFFIC�) ON PART OF L,OTS 2 AI�ID 3, AUDI'IC)R'S SUBDIVISION N0. 25, TI� SAN� BEING 1001 HILL4JII�ID ROAD N.E., BY C�RYL STINSKI: NDTION by Councilman Schneider to set the public hearing on this rezoning request for June 6, 1988. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried iu�animously. B. ITF�i FROM THE MINCTI'ES OF THE APPF.ALS Q�I�M'1ISSION MEEI'ING OF AF�R� 26� 1988: B-1.C�ONSIDERATION OF A VARIANC� RDQUEST, VAR #88-04, TO REDCICE 'Pf-1E RDQUIRED SIDE YARD SE'I'BACK FROM 10 FEEI' � 5 FF�T ON THE EA.ST AI�ID AND WEST SIDE ON I,OT 3, BL� 1, OAK RIVER ESI'ATES, THE SAN� BEING 141 76TH WAY N.E., BY JEF'FREY BUCEII.�I: N�. Rd�rtson, Ccnmunity Develognent Director, stated this variance request had originally covered variances for the two side y,ards as well as a front yard variance, hawever, the petitio�er withdrew }�7s request for the front yard variance at the Appeals Ccxrmissi� meeting. He stated the petitioner stated the hardship was this one story L-shaped rambler hane requires a side yard variance for the main level floor pl�ri and variances would maintain continuity of existing hanes on the bloc�: � N�r. Rnbertson noted that last year ther person wished to build a h�use on this prop�rty with six a foot setb��and the Appeals C,ccrmission denied the variance, hawever, the layout w�:s changed of the proposed home and then approved by the City Council. ,He stated the petitioner never did build on the site. �' N�. Rcabertson stated the �ppeals Ccmnission has reccc�snended denial of both of these side yard vari�ces on the east and west. i N�. Buchli, the pe tioner, stated the Appeals Commission denied the variances and stat this house would be too close to neighboring hanes. He stated the adjac,ent hames have setbacks of 18 and 35 feet. He felt he wasn't given a,�alid reason why the Ccnmission felt it was too close. � Co�cilman itzpatrick stated the setbacks to which Mr. Buchli is referring are rn hi�r�ighbor's prop�rty.� He stated it is true the di stance between his prap6sed hat�e and the ones � either side are 18 and 35 feet, but only 10 fe�t is on N�. Buchli's property. He stated the problem is Mr. Buchli wish�s to construct a �xxne which is 65 feet wide ca� a 75 foot wide lot. He s�ted it seems there are other possible building plans which wouldn't ; � -5- � � FRII)LEY CITY Q7CINCII� MEE.TING OF I�Y 16, 1988 require a variance. N�. Buchli stated he applied for the variances because this is the type o£ rxme he wishes to build. � Mr. Herrick, City Attorney, stated he didn't see a shawing of har ship and felt, if the variance was granted, it would be setting a bad p dent. He stated since this would be new construction, there are many e designs that would f it on that lot. / i Mayor Nee stated in order to grant the variance there mus� a finding that there is a prc�blan with the lot and, in this case, there n't a prd�lan. Ns�. Doug Peterson, owner of Lot 5, stated he has n�problem with the variance. � Ms. Ngry Boedigheimer, aar�er o�f Lot 6, stated she 1'ves three lots fram D1r. Buchli's lot and objects to the variances. She � felt a variance may be requested in the future for Lot 5. � / � Mr. Nick D�eGroot, owr�er of Lot 2, stated he a�roved of the variance given last year to a City snplayee and if the Coun�il doesn't grant this variance, he didn't believe it was fair. He stated ;�f you allaw variances for one person, they should be allaaed for anothe�. Councilman Schneider asked if the Coun 1 slx�uld allow any building on that property regardless of the size. N�. DeGroot stated that both neig rs have no objection to the variance. He stated Mr. Buchl i wil l be 18 eet f rcm hi s hame and 3 5 f eet f ram the other adj acent property owr�er. N�. Doug Peterson stated he c d not see any future variances for Lot 5, but a variance may be requir for Lot 8. N�yor Nee stated he has to consider the City Attorn�y's opinion and, in this case, it is an extrane v iance and there really isn't any particular need for it. I uncilman itz trick to concur with the recommendation of the NDT ON b Co Y Fa Appeals Ccnmission d deny this variance r�equest, VAR #88-04, to r�educe the required side yard setbacks frcm 10 to 5 feet cn the east and west sides of Lot 3, Block 1, � River Estates. Seconded by Councilwaman Jorgenson. Upon a voice vo , all voting aye, Mayor Nee declared the motion carried unanimously. NDTION by cilman Fitzpatrick to receive the minutes of the Planning C�unission ting of Nl�y 4, 19$8. Seconded by Cotmcilman Schneider. Upon a voice ote, all voting aye, Mayor Nee declared the motion carried ly. 7. OONS ERATIOIQ OF APPR� FIVE TAX FORF�IT I,OTS: � -6- FRIDI,EEY CITY ING OF JL�IE 6, 19 88 • ° _ states the other ways to amend the Charter. She stated this propo d�change � would indicate the ways to initiate a¢nerx�ments to the Chart ich is set forth in Minnesota Statutes. No other persons spolce regarding this p aanenc�nent to the C�arter. MJTION by Councilman Fitzpatric o close the public hearing. Seconded by Cbuncilman Schn�eider. voice vote, all v�oting aye, N�iyor Nee declared the motion carried sly. NL�yor Nee all the Charter Commission members for the tremendous amc�unt w�ork put into th�ese praposed a¢nendments. He stated the Council fee an obligatian to give it their full consideration. 3. P'[TBLIC HEARING ON A REZONING, ZOA #88-01, TO REZONE FROM R-3 , GENERAL MULTIPLE DWELLING, TO CR-1, GENERAL OFFICE, ON PART OF LOTS 2 AND 3 , AUDI�R'S SUBDIVISION N0. 25, TF� SAME BEING 1001 HILLWIND ROAD N.E. , BY CHEftYI., STINSI{I: M�I'ION by Councilman Schneider to waive the reading of the publ ic hearing notice and c�pen the public hearing. Seconded by Councilwaman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unani.nx7usly and the publ ic hearing vpen�ed at 8:08 p.m. Mr. R,obertson, CJcmrnmity Develognent Directar, stated there are two parcels irnrolved in this proposal to catibir,� the zoni.ng on two lots for the purpose of constructing a multi-tenant office building of 32,000 square feet. He stated the south garcel is zoned Qt 1 and the rx�rth parcel is zoned R-3 and has a boarded up single family hame on it. He stated the history of rezo�ings in this area indicate three along Hillwind Rc�ad frcxn R-3 to CR-1. He stated this specific lot was the subject of a rezoning procedure which did not materialize, apparently, because the petitioner was unable to carrplete the requiranents far the land development. Mr. Robertson stated along with the rezoning, the petitioner is applying for a variance for reduction of the buffer area between a commercial and residential area fram 15 feet to 5 feet. He stated this variance was before the Appeal s Ccnmissi� and recamiended f or apprwal. He stated the Pl anning C�mission has recc��ended approval of this rezoning with six stipulations which he autlined. Cbuncilman Schn�eider questior�ed stipulatian No. 3 which pravides that the petitioner ar her agent agrees to manage the leasing of the affice space in a fashion which wauld not create a need for cn street �rking. He asked if there was adequate g�rking per the cocle requiranents. Mr. Rcabertson stated there is ad��ate �rking, but there is same question whether it wvuld be adequate depending on the number of multiple tenants. He stated the City would want to nrzke sure there isn't any parking on the street and �rking needs are n�t on the site. Mr. Rd�rtson stated this requiranent is similar to what was required in the -4- . • . FRIDLh'Y QTY OO�TNCII, N�I'ING OF JiII� 6, 1988 Mr. Betzold stated he felt these changes wauld help the City and make for a better process to elect the City's representatives. Cbuncilman Billings requested a review o� haw the Charter 4�mission rs . are appointed. Mr. Hunt stated the current 14 members of the Charter Commis on are appointed by a District Court Judge. He stated the Council p avides a certain amaunt of funding far� the aperation aF the C�mission, t doesn' t appoint the m��bers. N�yor Nee stated the Council is interested in any feedback either pro or con, on these proposed Charter amenc�nents. Cbuncilman Schneider asked if the Catanission members co cted the League of Wanen Voters or either of the political parties in th City regarding these proposed chanc,�es. Ms. Hendley stated they have n�ot contacted. these rsons. She stated the Carmission discussed and studied these changes f r about a year and received resource inf ormation fram the League of Mi esota Cities. Ms. Hendley stated the Commission' s goal was to get re voters involved in their municipal issues. Councilwaman Jorgenson asked if the ' sion made ariy comparisons on the length of terms for Councilmembers in ghboring cities. Ms. Hendley stated marry of the neig oring cities are going to four year terms. She stated sar� had a two y ar I�yor's tenn and a faur year tenn for Cbunciln��l�ers. She stated they ere staggered terms such as they are proposing in these changes. No other persons spoke regardi g these praposed Charter amendments. M7PION by Councilman Schnei r to close the public hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carri unanimously and the public hearing closed at 8:02 p.m. 2. PUBLIC HEAR�IG ON AN INANCE AMENDING SECTION 5.09 OF THE FRIDLEY CITY C�iARTER: M�'I'ION by Council Schneider to waive the reading of the publ ic hearing notice and cypen e public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vo , all voting aye, Mayor Nee declared the public hearing c7pen at 8:02 p . Ms. Hendley, Ct�airwanan of the C�arter Ck�mission, stated the Commission, over the y s, has made several amendments to the City Charter and all these wer c�ne by ordinance. She stated the Charter can also be amended by other ods such as a referendum where the Cammission or citizens can by-gas the Council. She stated there is nothing in the Charter which -3- ^ . • FRIDLEY CSTY QOUNC'IL NJEE,TIlQG OF JiJt� 6, 19 88 Winfield Devela�ent. He stated in this development, there is a limited nurnber af �xking space so the developer reports projected g�rking needs to staff when space is leased. Councilman Schneider felt the Winfield Develognent was different in that it is in a caaa��erical area and, if additional parking is needed, it possibly can be obtained by negotiating with adjacent property avr�ers and this would not be the case cai Hillwind Raad. Mr. Brian Hanson, Design Architect representing the petitioner, stated there are 97 garking spaces pravide which meets the code requirenent. I�. Rcabertson presented a drawing of the site plan which delineated the parking. N�yor Nee sta.ted it appears there is underground parking. Mr. Han.son stated about ane-third af the parking is 1mclergrrnmd. Coimcilman Schneider asked where additianal parking would be pravided if it is needed. Mr. Hanson stated there is no space available f or additional parking on this site. Mr. Qureshi, City Manager, stated he didn't }maa of any building where the City required additional parking when it is used as an office buil ding. He stated the building referred to previously, where such requirements were attached, was an offic�warehouse type use. He stated he asstunes, in this case, it wil l al l be af f ice s�ce and the City has standards and, if these are met and the petitioner works with the City in leasing the facility, there should not be a problem. He stated 97 parking spaces should be adequate for a 32,000 square foot o�fice building. Gouncilman Schneider asked if this stipulation would be recorded at the County. Mr. Herrick, City Attorney, stated it could be if it is draf ted properly. Cbimcilman Billings stated if space is leased and there is ad�aate parking, but the tenant's business graas and more parking is needed and the lease has not expired, a problen may arise. Mrs. Stinski stated she f el t every of f ice buil ding in the City may be f aced with this prablan and as long as the code is met, she could not foresee a prablen. Councilman Schneider questioned why this stipulation was recammended. Mr. Rabertson stated staff wanted to go that extra step because of the uniquesness of this situation and in case it was found that the requirement of c�e parking space for evezy 250 square feet was r�t adequate. Cbuncilwanan Jorgenson asked if additional parking was needed, if it could be obtairied f rcm the adj acent real estate of f ices. Mrs. Stinski stated she dic�'t believe it would be a problan so it has never been discussed. -5- 1 FRIDI�EY CITY �MEEPIlVG OF JLTI� 6, 1988 • , Mr. Rc�bertson stated there has been a problem in the past with adequate � parking pravided f or medical of f ices. Cbuncilman Schneider asked what type of tenants they anticipate. Mr. Hanson stated it is a professional building and didn' t believe a medical office wauld be allowed in this zoning district. Mr. Robertson stated medical, dental and health clinics are included in a C�t-1 zone, however, for the type cr� professional use proposed, one parking sp�ace for every 150 square feet is required rather than one parking space for every 250 square feet. Councilman Schneider stated if a medical office was located in this buil ding, the garking requirment would be about 210 parking spaces. Mayor Nee asked if stipulation No. 2 was enf orceable which stated this proposed rezoning is oazly for the develapnent as autlined on the site plans and elevatiaris. N�. Herrick, City Attorr�y, stated he would suggest the same approach taken in the p�st and that publication of the rezoning ordinance rvot be clone tmtil the building permit is issued. He stated if the rezoning is completed before the building pernut is issued, it may be questionable whether the City could hpld the petitioner to that s�ecific plan. Mr. Charles Campbell, Merrill Lynch Realty, stated they are looking f ozward to occupying the r�ew space as they have autgrown their building. He stated all their allotted �rking would probably be utilized when sales meetings are held twice a week, but generally they use cazly 20 to 30� of the parking as the sales personnel are out in the field. No other persons in the audience spoke regarding this praposed rezoning. MyPION by Councilman Schneider to close the public hearing. Seconded by Councilwc�nan Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the mc�tica� carried unanimously and the public hearing closed at 8:32 p.m. OI,D BUSINESS: .��— 4. ORDIlVANC� I�A. 906 APPROVING SAV #87-12, TO VACATE ALL THAT PART OF 6 AI�ID 17, AUDI'POR'S SUBDIVISION NO. 88, BY SHOREV�OOD PLA7�P, P M7PION by Councilman Fitz�trick to waive the readin approve Ordinance No. 906 on the second reading and order public on, with the follawing stipulations: (1) developer to supply a rm drainage plan for the existing center; (2) developer to svppl joint driveway easement to the City coruiecting the mtmicipal lic�w tore to Rice Creek Road; (3) develaper to supply a revised parking lo ayaut for City apprwal; and (4) developer agrees to implgnent the 1 pe plan supplied by City upon completion of Rice Creek Road imprav ts; all green areas to have autamatic sprinkling. Seconded by Counc' n Jorgenson. Upon a voice vote, all voting aye, -6- . + r FR.ID�I.�Y QTY ING OF JLTI� 20, 1988 Mr. van L�n thanked the City Council manbers for allawing him to cane to the meeting and state his feelings regarding these proposed amendments to the (�ty Charter. 8. OONSIDERATION OF FIRSP READIlVG OF AN ORDINANCE APPROVING THE AMENDMENT OF 'IHE FRIDLEY CITY Cx-�ARTER, SECTION 5.09 (IIIITIATION OF Q-�ARTER AMEDIDMENI'S) ; NDTION�by L�ouncilman Schr�eider to table the first reading of.-an ordinance appraving the amendment of the Fridley City Charte�;�Section 5 .09 (Initiation of Charter Amendments) and direct staff t�Contact the Lsague of Wamen Voters regarding their interest in reviewing,-�iis proposed amendment. Seconded by Councilman Fitzpatrick. Upon a yoice vote, all voting aye, Mayor Nee declared the m�tion carried unani�ously. i' Cbuncilman Schneider stated this wa� a reflection on the inadequacy on the p�-t of the Charter Cc�unissi�a It was more because of the lack of significant input frcm the pul�lic. � Cot�cilwanan Jorg�enson�ted maybe N�. Aaly could relay through the FYidley ' Fbcus that the Co cil really wants same feedback on these proposed amenc�r�ents and are not getting it. Co�cil illings stated maybe they could put samething on Channel 13 ng that anyone interested in the C�arter amenr.�nents should contact his r councilmen�r so tYbe CbLmcil can get as much input as possible. 9. CJUNSIDERATION OF FIRST READING OF AN OR.DINANCE APPROVING A REZONING, ZOA #88-01, � REZOI� FROM R-3 (GENERAL MULTIPLE DWELLING) TO CR-1 (GENERAL OFFIC�) ON PART OF I,C7I'S 2 AND 3, AUDITOR'S SUBDIVISION NO. 25, THE SAME BEING 1001 HILLw�ID ROAD N.E. BY C�IEFtYL STINSIQ: Mr. Rcabertson, �rninity Development Director, stated that af ter the June 6th Cotmcil meeting, it came to staff's attention that as Merrill Lynch was praposing to rent p�rt of the s�ce in the proposed Stinski office buil ding, it wauld require greater �rking than is currently required under the City Cbde for of f ice users. The proposed real estate af f ice, which woul d occupy less than 1/3 of the gross floor area might require between 60-65 parking stalls during peak operating hours. This would occur probably once a week according to Kathy Phillips, Manager for the Merrill Lynch Agency. Ms. 'n f ineetin there could be Phillips said that cg� Tuesday mc�rnings duri g staf gs, up to 60 agents and 5 clericals present for a 1-2 hour period.. Other than that, the maxiirnun p�rking anticipated would be about 30 spaces which would be consistent with the proportioned share of the number of parking stalls prwide�d. Mr. Robertscro stated that should the Council appro�ve the rezoning, staff just wanted to point aut that there is g�oing to be a Tuesday morning staff meeting problan. Up to 30 cars for which spaces are npt pravided might end up parking on Hillwind Raad, which has parking on only one side. He would like to suggest that stipulation #3 be strengthened to include the requira�nent for staff appraval of occupancy for each office building tenant of the building to ensure that future tenants wil l not al so be excessive -10- . g l R1Ll.1C i l�.L 1 1 �MJ1Y�..J_L.J 1 JC�G 1�R7 Vi U IJLYG �O/ �O v • meeting. He was quite certain that the C�arter CX�nnission can initiate it arxl request that it be placed o�n the ballot of the general election (he was not sure about a special election) , and the provision pezmits the Cbuncil by a imanimous vote to adopt it is a method where, if the Charter Go�unission recaninends it and the Cbuncil unanimously agrees, it can be adopted without being placed on th� ballot. But, the Charter Caranission does have the means af having it �laced on the ballot even withaut the un�nunaus consent of the Council. He ws�uld give the details of the procedure at the next Council meeting. Councilnian Schneider stated what amazed him was the laqk of input they have received on these praposed amendments. He was not-adamantly opposed or adamantly in favor of then. He stated there was a good editorial in the Fridley Focus. He had received only o�e telephone call and that was f rcan Mr. van Ik�n. Rrhaps they should ask the League af Wcxnen Voters to look at this and give the Council their vi�apoint. He stated the Charter CaYmissio�i has worked very hard and, in the process, have became strong advocates for the chang�es. Councilman Billings stated if they d� not �ni��ously approve this, it would take apprrn�imately 500 registered voters .�o sign a petition to get it on the ballot. If they did unanimously appz6ve it and there were voters who disagreed with the CoLmcil or the Charxer Ca�anission, in that case haw many people would it take to get it an the' ballot and override the Council's act? ,� Mr. Hunt stated it takes approximately 500 to initiate it and about 200 voters to appose the Council's c3�cision. NDTION by Councilman Billings;'�o table the f irst reading of an ordinance apprwing the amenc3�ent af t,Yie Fridley City Charter, Sections 2.03 (Elective Officers) , 4.02 (Regular Mufiicipal Flections) , and 4.03 (Primary Elections) �til the next regularly �cheduled Coimcil meeting and ask the City Attorney to bring back more irif or,ritiation, and to direct staf f to contact the League of Wanen Voters to see if/they vaould be interested; and if they are, what kind of tim�e line they woua.'d need so the City Council can determine whether or rwt to refer this m�ter to than. Seconded by Councilman Fitzpatrick. Upon a voice vote, alJ,/voting aye, Mayor Nee declared the motion carried tuianitnau.�ly. �� i Cotmcilwanan Jf�'rgenson stated if the Co�cil vaould not unanimously declare this an the s,�cond reading, could the Co�cil refer it to the election? Mr. Hunt s�ated, yes, the Coimcil has at its disposal a method wh,ereby they can init' te a Charter change, only it is similar to the cx�nge by ordinance in that t starts with the Council, is reviewed by the Charter Cammission, and th n goes to the voters fo�r a decisian. It takes a positive act by the voter to approve it. When they amend the C�arter by ordinance, it takes a les r nu¢nber of voters (2� of those who voted in the last general state el tion) to oppose it. So, the process was set up so it was easier to o pose an amendment that has been passed by ordinance than it was to . nitiate an amenc�ent by the public at large. -9- . . I � C lt.L1.J1JCJi �..�.L 1 1 \.A./lJ1Y Vl U ULYC1 20/ Y 00 �rking users. In the event that prabl an results, staff would be empowered to deny a certificate of occupancy as being inconsistent with the stipulations of the rezoning. This, of course, could always be appealed to the City Cbur�cil. • Council Schneider aslc�ed if the City issues a certificate of occupancy for individual tenants. N�. Herrick, ,City Attorr,ey, stated he did not believe so. Mr. Flora, Public Works Director, stated each area of space in a new build.ing is issued a certificate for use. Cbuncilm�n Billings stated what he believed Mr. Flora was ref erring to was the first tenant into a sp�ace was issued a certif icate of occupancy. His qwestion was if there is any control after that? Mr. Herrick stated he would caution the Council that if the staff or the City Council denied a certif icate of occupancy on a building where the occugant ineets the Zoning Code requirements, he would not guarantee that mechanisn would be appraved in litigation. Co�cilman Billings stated another point he would like to make is that two weeks ago when they received a letter fran Kathy Phillips, Manager of the Merrill Lynch Agency, she stated their staff ineetings were once a week; but when a representative was at the City Council two weeks ago, he testif ied that Merrill Lynch has meetings twice a week. So, he thought the problem was twice as severe as Ms. F�hillips had indicated. He tenc�ed to agree with legal counsel that the stipulation wauld be very diff icul t to enf orce, and he would be willing to appose this rezariing and n�ot grant the rezoning based on the size of the proposed building. He thought they were trying to put too much on this garticular site. As indicated to the Stinski' s two weeks ago, if it were a oa�rrtnercial area surrounded by ca�unercial, and they were imdersized on g�rking, they would Yaave the apportunity to go to scQne of the other catmercial businesses in the neic�borhood and work aut an agreenent an �rking. But, this was not the case. They are txying to cram a com�unercial building on the edge of a residential district. In fact, it was being requested to be rezoned frcm residential to ccc��rcial. He stated as much as he would like to see that burried-out building torn dawn and remwed, he did not think this p3rticular project was the best use of that land. Councilman Schneider stated that if they v�rere to approve the rezoning, they would need to stipulate that ariy uses that require a 1 - 150 parking ratio wauld not be pernu.tted in this building. Mr. Robertson stated he could not think of another situation in the City, other than the Civic Center, where th�y have had this kind of prcablen. Coimcilman Scru�eider stated when the tawnlwuses were built oaz Hillwind Rr�ad, there were concerns then about parking on the street, and naw they are looking at anQther 30-40 cars on Hillwind twice a week. He stated he did not think they shauld a�rove the rezoning. -11- _ FRIDLEY QTY CIXTN . OF JiTl� 20, 1988 �► � . . Mr. Rd�rtson stated that two weeks ago at the City Council meeting, Ms. � Stinski, the petitioner, mentioned it might be possible to work out a I'I parking arranganent with the apartm�ent ocmplex next door for scane parking s�ce during the day, but the Cb�cil has npt seen ariy such agreenent. Cotmcilwaman Jorgenson stated she did not think there were that many cars gorbe fran the apartrnent catYplex during the day. There are car's parked �on Hillwi� Rik"�d in front of the Merrill Lynch Agency twice a week rww. NDTION by Councilman Schneider to table the f irst reading of an ordinance appraving a rezoning, ZOA #88-01, to rezone fresn R-3 (General Multiple Dwelling) to CR-1 (General Off ice) on part of Lots 2 and 3 , Auditor' s S�,ibdivisiari No. 25, the same being 1001 Hillwind Road N.E. , and to request staff to oontact the petitioner, Ms. Stinski, to see if she can negotiate any garking arrangenent for the werflaw g3rking. If r� arrang�nent can be made, the City Cbuncil would have to look at either a further reduction in the affice building ar have sane further discussiari an the type of tenants that can occupy the office building. Seconded by Councilwcanan Jorgenson. Upon a voice vote, all wting aye, Mayor Nee declared the motion carried ' ur�animr�usly. 10. OONSDERATION OF FIRSI' RF,�DING OF AN ORDINANCE AN�IDING � 214 ENTITLED "SIGNS": Mr. R�obertson, Q�arnuzi�y Developnent Director, stated this was discussed by the Planning Ccs�mission earlier this spring, and it was proposed to change the present problen with porta-ganels to be more sensitive to multi-tenant buildings, to change the period of time that a sign can be out on the property. The present code states the sign can be on the property for 10 days up to three times a year, as long as the times are nonconsecutive. The problen is that it is per business, and it does not reflect the fact that there are multi-tenant buildings and multi-tenant busin�sses in a building so in a multi-tenant situation, a porta.-panel type c� sign could be on the property year�round. N�. Rd�rtson stated the revisio� would allaa for a 14 day period which was more in conforniance with the way signs are rented, which is monthly. The ntanber af businesses would dictate the r�umber of times per year a business can have a portable sign, and a provisi'on would never be more than one time per tax parcel ar develagnent. Theze are other components of the cY�anges and the burclen of the n�ar�aganent af the signs wo�uld be the responsibility af the praperty avt�r or its desi�riated agent or manager. The location of the sign wauld be the same as other signs--10 feet frosn the property line or driveway, so there waul d r�ot be arry prabl an wi th traf f ic saf ety. Mr. Robertson stated..in order to help ac�ninister this ordinance, the City wauld require a $2A0 deposit (a certif ied check or money order) bef ore a pernnit was issu,�d. This deposit would be refunded only if the sign was renoved on th very next business day af ter the pennit has expired. In addition t e $200 deposit, in reviewing the Qoc�, they found they could also a pezmi.t fee of $24, if that was the Cbuncil's desire. -12- . _ r � � FRIDI�Y CI'i'Y QOUNCIL NIEEETING OF JLTLY 11, 19 88 never been assessed. He stated previous impravesnents to Osbor Road between Main Street and University Avenwe were assessed to the c ercial pro�perties. Mr. Flora stated the total project is estimated at 92,000 and the City cost is estimated at $99,000. " ' Councilman Fitzpatrick verif ied that only the City' s rtion would be assessed. No person in the audience spok,e regarding these pro d improvanents. NDTION by Councilman Fitzpatrick to close the pub ic hearing. Seconded by Councilwanan Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried �animously and e public hearing closed at 8:29 p.m. • 2. PUBLIC HEARIN� ON Tf� ISSUANCE OF AN OI�- WINE LICENSE TO ROC'KY ROCOCO RESI'AURANI', 7601 VIRON ROAD N.E.: • NDTION by Councilwanan Jorgenson to 've the reading of the public hearing notice and c�pen the public hearin Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting ay , Mayor Nee declared the motion carried �animpusly and the public hear'ng opened at 8:29 p.m. Mr. Pribyl, Finance Director stated this public hearing is for the issuance of an on-sale wine license or Rr�cky Rococo's. He stated staff has reviewed the license and is now 'ting for arnpletion of the restaurant itself and ccmpliance with the ood requirements. He stated the Police Department report was favorable. . Pribyl stated the carqaany is based in California and they have been rking with them aver the phone. He stated when a resident manager is assigned, his backgro�d woul d be investigated. Mayor Nee state he felt saneone representing Rocky Rococo' s should be present to r arty questions and indicated he wouldn' t feel camfortable , issuing the 1' ense if a representative was mt present. No person in the audience spoke regarding the issuance of this wine license. NDTIO Councilman Fitzpatrick to close the public hearing. Seconded by Co� lman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the mr�tiari carried tu�animously and the public hearing closed at 8:32 p.m. BUSIl�SS: 3. �NSIDERATIC�I OF FIRST READING OF AN ORDINANCE APPROVING A REZONING, ZOA #88-01, TO REZONE FROM R-3, (GII�RAL MULTIF'LE DWELLING) TO CR-1, (GENERAL OFFIC�) ON PART OF LO'I'S 2 AND 3, AUDITOR'S SUBDIVISION N0. 25, THE SAME BEII�� 1001 HILLWII�ID ROAD N.E., BY C��2YL STINSKI (TABT�D 6/20/88) : N�. Rnbertson, C7a�urnnzity Development Director, stated the Council tabled � this iten at their June 20, 1988 meeting in order to allaw time for the petitior�er to arrange far a�erflaa �rking. He stated staff inet with the -5- � � S ` � . r FFtIDLEY CITY Q7[JNCIL N�PING OF JULY 11, 1988 petitioner on June 30 and discussed faur different alternatives. He stated these alternatives were to reduce the size of the building to accoaYunodate off-street p�rking; to have the praposed tenant hold their sales meetings off-site; to abtain a �rking easement fran a rieighboring property owner to use their lot; or to request assistance to construct another level of parking. He stated sane progress was made in the discussions, but a f inal conclusion has not been reached. Ms. Stinski stated reducing the size of the building would not be a feasi.ble solution. She stated she spoke with adjacent property owners, Lynde Investment and Fblk Street Investment regarding a parking easement. She stated Lynde Irlvest�nent was not interested in giving a parking easement and Fblk Street Irnrestment stated they woulchz't have ariy problens with praviding an easanent, but wanted to speak to their an-site manager. Cbuncilman Schneider asked if the apartsnent building has adequate parking. Ms. Stinski stated there seans to be adequate parking available, however, the praperty manag�r wanted to check into it further. Ms. Stinski stated in speaking with their proposed tenant, Merrill Lynch Realty, they have meetings on Nbnday mornings and need 20 parking spaces and on Tuesday mornings they need 40 parking spaces, otherwise they do not require a lot of parking as their anplayees are out working in the field. Councilman Billings asked for what length of time they would want an easement for �rking purposes. Mr. Rabertson stated as long as it was felt there may be a parking problem and Merrill Lynch is the tenant of this proposed building. Cbuncilman Billings stated he is concerned abaut creating a parking problem for those living in the adjacent residential area. Mr. Herrick, City Attorney, stated it may be well to check not only if there is excess p3rking at the aparhnent canplex, but if there is roan to enlarge the p�rking lot. �uncilman Schneider asked about the terms c� the lease with Merrill Lynch. Ms. Stinski stated the lease w�ould be for five years with aptions to renew. �uncilman Billings stated he is rx�t ccanfortable with having a first read.ing of the ordinance subject to all the limitations and wanted the opportunity to evaluate it more thoroughly. Ms. Stinski stated the Housing & Redevelopment Authority will not make a decision � any assistance until the Cbuncil rezones the property. N�. Robertson stated the petitioner has submitted a list of requests to the HRA, but they have tabled it until Cotmcil acts an the rezoning. Councilman Schneider stated if the �uncil rezones the property and the HRA doesn't �rticipate with any assistance, he asked the petitioner if she would still proceed with the plans. Ms. Stinski stated the plans for the -6- �� FRIDI,EY QTY OOUNCIL N�!'ING OF JULY 11, 19 88 building are based on HRA assistance. I�. Herrick stated if the Council rezones this praperty and this plan does not proceed, same�e else may cacbe back with a plan that isn't as desirable, but rx�w the zoning has been changed and it may be hard to deny. NDTION by Councilman Schneider to direct staff to inf orm the HRA that the rezoning is approved, in ooncept, with the six stipulations as shown on Page 3F of the agenda and with the additional stiuplation that a permanent solution to the parking probl en be obtained either by an eas�ient c� �rking ramp construction. Further, that the rezoning is contingent on this particular project proceeding. Seconded by Councilman Fitz�trick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimcn.isly. � M)'IZON by Councilman Schneicler to table the first reading aF this crrdinance. Seconded by Councilmzn Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4. C�NSIDERATION OF FIRST RF.ADING OF AN ORDINANCE APPROVING THE AME�TDMENT OF THE FRIDLEy CITY C��AR'I�R, SECTIONS 2.03 (ELECTIVE OFFICERS) , .04 (REGULAR MUNICIPAL ELECTIONS) AND 4.03 (PRIMARY ELECTIONS) (TABLFD 6/ /88) : Mr. Francis van Dan, 6342 Baker Street, stated at the la meeting he spoke on this same subject. He stated he is civic minded a d has tried to keep this discussion on the up and up, but �fortunately fellow in the City chose to sulxnit his ccmnents to the newsp�aper. Councilman Billings stated Mr. van Dan didn't ak on this itan at the time of the public hearing, hawever, he was giv the vpportunity to speak at the last meeting. He felt this is not the pl e to discuss personal vendettas, however, if Mr. van Dan has samething t discuss regarding this item he is willing to hear his anments, but is t concerr�ed about his problems with another Fridley person. I�. van Dan stated the City has en notified that there is no windaw and requested the Council consider ling these Charter amenc�nents �mtil input is received fran citizen gr s. Mr. Hunt, Assistant to City Marlager, stated at the last meeting staff was requested to disc n whether the League of Women Voters would be interested in cbing a tudy regarding the proposed amendments or if there was a limit to the riod of time the Council could act on these proposed amendments. Iie s ed he met with the present and past presidents of the League of Wcmen ters and brought this matter to the attention of their menbership and ey indicated a willingness to conduct a study. He stated they felt it ould tak,e tmtil prd�ably the early part of December to study the matter d su�iit a recamiendation to the Council. N�. Her ick, City Attorney, stated he has researched the statute s and doe ' find ariy specific time limitatice-i. He felt a reasonable time would be ppropriate and it seems if the Council wishes to delay it for a _�_ ` � � � .. FRIDI�'Y CTTY OOUNCIL N�.TING OF JLTLY 11, 19 88 reascmable period of time to allaw additional input that would be within their jurisdictio�. ; Mr. Hunt stated the Charter Catmission has the aption to go 'rectl� to the voters if they so choose. He stated there are sa�rie techni al dif f icul ties because the Charter Q�nnission needs another member on e Commission and prcabably waul.d not have ar�e until August so they prabaL wouldn't be able to place it before the voters much sooner than they ould get a response back f rcm the Council. Councilwoman Jorgenson stated if a study is don by the League of Women Voters and the Caiunission decides to place it o the ballot, it probably waulchz't be until the Novemb�r, 1989 election. Mr. Hunt stated either the Charter Cammissi n or Council can call for a special election for this itan. Councilman Schneider stated he would feel omfortable with having the League of Wamen Voters review this proposed am c3m�ent. He stated he doesn' t have ariy strong apposition to the amendmen s and his only concern is that he doesn't want the Ca�unission to look this as a vote of no confic3�ence. NDTION by Councilman Schneider to le this itan and refer it to the League of Wanen Voters far their study report back to the Council, but, in no case, should the item be tabled ter than the first meeting in January, 1989. Seconded by Councilwaman orgenson. Upon a voice vote, all voting aye, Mayor Nee declared the mo ion carried unanimously. 5. OONSIDERATION OF FIRSr RF,AD OF AN ORDINANCE APPROVING THE AMENDMENT OF THE FRIDLEY CITY Q-�AR'I�R, CTION 5.09 (INITIATION OF CHARTER AMENDMENTS) (TABLID 6/20/88) : MOTION by Councilman chneider to waive the reading and approve the ordinance upon first ding. Seconcled Ly Councilman Fitzpatrick. Upon a 4 voice vote, all vot' ng aye, Mayor Nee declared the motion carried tuzanimously. 6. CS�NSIDERATION OF A ARIANCE, VAR #88-03, TO REDUCE THE WIDFI'H OF A SCREENING SI'RIP BEI�n1EIIV CC� CIAL AND RESIDEDTPIAL DISIRICTS FROM 15 FEE�T TO 5 FE�,�' ON THE EA�I' AI�ID NO SIDES OF 'I'I� PROPERTY TO ALLOW THE CONS'I'RUCTION OF AN OFFICE C'ONlPL,EX N L�C7I' 1, BLOCK 1, HILLWIND ADDITION, THE SAME BEING 941 HILLWII�ID ROAD .E., ArID ON L�dP 3, AUDITOR' S SUBDIVISION NO. 25, THE SAME BEII�G 1001 HI I�ID ROAD N.E., BY CHE�YL STINSKI (TABLID 6/20/88) : M7PION by uncilman Schneider to table this itan and bring it back with the rezoning r st for this g3rcel. Seconded by Councilwaman Jorgenson. Upon a voice ote, all voting aye, Mayor Nee declared the motion carried - Y• 7. OONS TION OF A VARIANC�, VAR #88-09 TO REINCE TF� DRIVEWF.AY CLTRB OPII�IING � TO NEAREST PORTION OF A RIGH'I�-OF-V�,Y FROM 75 FE�,�I' 'It� 42 FF�T; TO REDUCE THE ER OF PARKII� SPAC�S FROD; 39 SPACES TO 32 SPAC�S, TO ALL,OW DRIVEWAY �' -8- � � , F'RIDT,F.Y CITY 00[TNCIL N�'rING OF ADG'OST 8. 1988 Mayor Nee stated this is a great credit to ilkinson and the other Fridley officers who initiated the pr . N�. Wilkinson stated ' is his sincere desire to maintain good crnmtmications spond to the needs of the ccnanunity. USINFSS: 1. CONSIDERATION OF FIRSI' READING OF AN ORDINANCE APPROVING A REZONING, ZOA #88-01, TO REZONE FROM R-3 (GF'NF'RAj, NNLTIPLE DWELLING) TO CR-1, (GENERAL OFFICE) ON PART OF LO'I'S 2 AND 3, AUDITOR' S SUBDIVISION N0. 25, THE SAME BEING 1001 HILLWIND ROAD N.E. , BY CHERYL STINSKI (TABLED 6/20/88 AND 7/11/88) : Mr. Robertson, Q�IInunity Laevelapment Director, stated this item was tabled when the question arose if the petitioner could provide sufficient o�f-street �rking. He stated the petitioner has sulanitted two letters of agreanent, one with Merrill Lynch Realty and one with the Property Manager for R�lk Street Apartinents. He stated Merril l Lynch Real ty agrees not to occupy more than their allotted space. He stated the agreement with the Property N�nager af the Polk Street Apartments allaws the use of ten of their �rking stalls. N�. Rd�ertson stated there is orve other prablan in that the petitioner has changed architects and the storm drainage plan has not been completed. He stated it is expected to be received by staff on August 11. Cbuncilmar► Schneider asked if there was a signed agreanent by the Property . Manager af the ap�rtment oanplex. Ms. Stinski stated she coul d not obtain this signed agreanent for the meeting, but should have it this week. Cb�cilman Billings stated he felt much more canfartable 3mowing the p3rking has been addressed. He stated he ass�unes the petitioner has a qualified architect and that the drainage will be worked out with staff. MOTION by Councilman Schneider to waive the reading and approv e the ordinance upon first reading, with the f ollawing stipulations: (1) The vacated house ca� the rezoned �rcel should be ranwed fran the site prior to the publishing of the rezoning ordinance; (2) The proposed rezoning is for the develognent as autlined on the attached site plans and elevations only; (3) The petitioner or her agent agrees to manage the leasing of the off ice sg�ce in a fashion which would not create a need f or on-street parking. Should on-street parking result, the City may sign the street as "No Parking" and require that additional stalls be made ava.ilable ar the need be reduced; d4) �titioner to work with staff on landscape refinanents and have an agreed upon plan priar to City Council apprwal; (5) Petiticuler to supply a storm drainage plan which meets staff appraval prior to the second reading; and (6) P�titice�er to supply a perform�ice bond or letter of credit in the amount of 3� of the construction value prior to issuance of a building pe�m,it. Sec�ond�d by Councilwana.n Jorgenson. Upon a voice vote, all voting aye, May�' Nee declared the motion carried tu�animausly. -4- i � � FRIDLEY CI*I'Y QO[INC�, N1EErING OF AIIC�ST 8, 1988 He stated he has developed a oatanitment to au�nent and supplement services of local police de�rtrnents. Mr. Wilkinson reviewed the services avided by the Sheriff's De�rtrnent cnnsisting of civil processes, jail ervices, criuninal investigations, ex�nded drug enf orcement, and inves gation of child sexual assault cases. He stated in 1987 there were cnr 370 child sexual assault cases representing a 45� increase aver the p aus year. He stated although this figure is rather alarming, he fel it wasn' t an increase in crime, but an ir�crease in reporting. He st ed of these 370 cases, 180 were cases within the family. Mr. Wilkinson stated the Cbunty also prc�vides service in burglaries where there are no clues. He stated scane special oper ions provided include water p3trol, underwater recavezy, search and re ue, a canine unit, and services of a S.W.A.T, te�n. Mr. Wilkinson stat the 5'!-ieriff's Departrnent also has persons available to assist with speci events in cities, such as garades. Mr. Wilkinson stated a request has been ade to the County Board for exgansion of the crime laboratory and ext sion of polygraph capabilities. He stated this ir�ludes ftmds far trans rting of prisoners, which would el iminate the need f or a C�ty pol ice icer to transport a prisoner to the County jail. N�. Wilkinson stated request also includes autc�nation of the Sheriff's Degartrnent. He state he is seeking feedback on the Sheriff Department' s performance and w s to enhance their services to the ca�[rmuni ty. Cbuncilman Schrbeider stated has served on the Anoka County Joint Law EY�forcgnent Council and the ges have been notewortYiy for the Cbunty. Councilwcanan Jorgenson tated she was glad Mr. Wilkinson made this presentation to the Co il. Mayor Nee stated he s a concern with persons driving with revoked licenses. He state it seems there are a lot of accidents and criminal mr�tor vehicle beh ior froan those who have had their licenses revoked. Mayor Nee cited a recent case where two people ari a motorcycle were killed L-y a driver who d a revoked license. He stated it seems no action is taken imtil ne is killed. NL�yor Nee was wondering if the system used to check dr drivers might also be applied to check a person' s drivers license. Mr. Wilki n stated to set up a system to check only a person' s drivers license ' 't oonstitutional. Mr. He ick, City Attorney, stated there is legislation that is being propo ed or recently passed where license plates will carry a special desi tion depending on the munb�r of times and frequency for which a per n was arrested f or dr�k driving. Mr. Wilkinson stated the drtuik driving prograin which originated in Fridley s expanded Co�ty-wictie. -3- � � � . � • 1r FRIDLEY CITY OOLTNCIL MEEI'ING OF SEPTEN�ER 12, 1988 __ . No persans in the audience spoke regarding this assessment. = �' MOTION by Councilman Schneider to close the public h�aring. Seconded by Councilwoman Jorgenson. Upon a voice vote, �ll voting aye, Mayor Nee declared the motion carried unanimously and the pui�lic hearing closed at 9:56 p.m. OLD BUSINESS• At this time, Iteri 7 was considered before Item 6 as both these items involve �k� same property. Item 7 was the rezoning and Item 6 was a variy�e. . � 7. ORDI.NAIVC� NO. 916 APPROVING A REZONING, ZOA #88-01, TO REZONE FROM R-3, GEI�FZAL MULTIPLE DWEL�LIIVG 'I1� CR-1, GENF,RAI� OFFIC�, ON PART OF L,OTS 2 AND 3, AUDITOR'S SUBDIVISIOIV NO. 25, THE SAME BEING 1001 HILLWIND ROAD N.E. , BY C�iERYL SI'INSKI• I�ir. Rabertson, CarHnunity Develognent Director, stated the Council approveci the first reading of this ordinance, with stipulations, at their August 8, 1988 meeting. He stated the City Attorney was asked to review the process for implanenting Stipulations 2 and 3. Mr. Rr�bertson stated the Council has a copy of the City Attorney's response and suggestion to add Iteris 7 and 8 as a condition of the rezoning. bSr. Newman, Assistant City Attorney, reviewed Stipulations 7 and 8 pertaining to Restrictive Covenants and the Certif icate of Occupancy. Counciln�n Schneider stated he understands the intent of Stipulation No. 8, but if the building is constructed and a Certificate of Occupancy has not been issued, an office building would be located on R-3 property. Mr. Ne�nnan stated it would be a non-conforming use, hawever, it may be necessary for the Council to extend that deadline of June l, 1990. Councilman Schneider stated once construction begins on trie buildirg, it would be awkward f or the rezoning not to proceed. Mr. NeHnnan stated he is trying to give the discretion to the Council by ad�iing Stipul ations 7 and 8. Mr. Rcabertson stated there is no on-street parking in this proposal. He stated the petitioner brought in a copy of ar. agreemer.t to provide the entire �rking an-site. Councilman Schneider stated Council requested a copy of the agreement with the apartment aaner regarding garking and asked if it was available. Mr. R�bertson stated it was his understanding the Council was satisfied with the agreanent the petitioner has with the tenant. He stated he did not knav the Council wished a copy of the agreanent with the apartment avner. -10- . . � .I . � FRIDLEY CITY QOUNCIL ME�!'ING OF SEFI'EMBER 12, 1988 . agreements agreeing to the principal of these lateral charges. Mr: Pribyl stated the total amount to be assessed is $10,150.66 and will be �pread over a 15 year period at an interest rate af 8-1/2 percent. No �ersons in the audience spoke regarding th.is assessment. MOTION by Councilman Fitzpatrick to close the public heazing. Seconded by Councilwaman Jorgenson. Upon a voice vote, all voting dye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 9:51 p.m. � 4. PUBLIC HEARING ON S`I'ORM SEWER AI�ID WATER I�17�IN PROJFCT N0. 169: MCYI'ION by Councilman Fitzpatrick to waive the �eading of the public hearing notice and open the public hearing. Seconded by Councilman Schneider. U�on a voice vote, all voting aye, Mayor Nee declared the motion carried u.r�nimously and the public hearing opened �'t 9:51 p.m. Mr. Pribyl, Finance Director, stated this project involved construction of waterniains to connect the mains servicing the businesses north of 694 with the existing mains south of 694. He stated requests were received f rar. FNC, Maxrvell Graphics, Longview Fibre, and LaMaur for installation of these watennains. Mr. Pribyl stated the total cost of the project is $365,009.73 ana the City's share is $160,880 which will be �xid from the Water Utility Fund. He stated a snall portion of this project involved the extension of an existing storm sewer syst�n to correct an erosion problem on a slope on Glen Creek Rc�d and this portion of the proj ect cost of $8,019 wil l be paid frcm the Storm Water Utility Fund. Mr. Pribyl stated the cost will be assessed aver a 20 year period at an interest rate of 8-1/2 percent. No persons in the audience spoke regarding this assessment. MOTION by Councilman Fitzpatrick to close the public hearing. Seconcied by Councilman Billings. iJpon a voice vote, all voti.ng aye, Mayor Nee declared the motion carried nnanisnously and the public hearing closed at 9:54 p.m. 5. PLTBLIC HEAR_LII�IG ON STREF,T IMPROJEI�I' PROJECr SI'. 1988-1 & 2, ADDENDUM N0. 1 (VIRON ROAD) : MOTION by Councilm3n Schneider to waive the reading of trie public hearing notice and open the public hearing. Seconded by Councilman Schneider. Llpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 9:54 p.m. Mr. Pribyl, Finance Director, stated this project involved the decorative street lignting on Viron Road and the widening of Highway 65 East Service Drive fran 73rci A�enue to the north side of 73-1/2 Avenue; and installation of curb and gutter along the west side of Viron Rr�ad. Mr. Pribyl stated petitions were received f ran the property aaners for these unprwements and the total cost of the proj ect was $52,096 which will be assessed over a 10 year period at an interest rate of 8-1/2 percent. -9- • , � • � FRIDLEY CITY �iJNCIL MEETING OF SEPTFMBER 12, 1988 Councilman Schneider asked if there was a problem with the parking ha�a it would be resolved. _ Mr. NeHnnan stated it would be difficult. He stated he assumes before the plans are apprwed, there has to be sufficient evidence that staff believes there will be suffficient on-street parking. Mr. Rr�bertson stated there has been a change in the final building plans and the square footage has been reduced fram 32,000 square feet to 28,000 square feet. Councilman Schneider asked if this building meets all the code requirements for parking with the mixed use that is proposed. Mr. Robertson stated it does meet all the requiranents. Counciln�an Billings stated the parking problem that could occur is when t•Ierrill Lynch Realty conducts their meetings with their sales re�resentatives. He felt witn redu�ing the square footage, there is less d�r�and for parking by the other tenants. He stated the petitioner also has an agreement with Merrill Lynch Realty that they would not use any more �arking than what they were allotted. He felt also with the restrictive covenants it adequately protects the City. Ms, Stinski, the petitioner, stated she did not have a signed agreement, but a verbal agreement fram the Resident Mar�ager of the apartment complex that tney can use ten spaces, if they are neecied. T�layor ivee stated the rezoning is contingent on certain restrictive covenants and if the Council approves the second reading this evening and it is publisheci, will or will not the property be rezoneci. Mr. Ne,aman stated it is contract rezoning and rezoned for this particular use. He stated to make sure this is understood by any third party is why the City is requiring the filing of the restrictive covenants. He stated the rezoning, for all practical purposes, will take effect after the Council's action to apprwe it, but the building permit will not be issueci until the restrictive covenants are filed. He stated there are real estate title questions to be considered and if the financing should fall through, the City is not enctunbering the property. Counciln�an Schneider questioned if the City wi11 either have this particular building or the property will ranain as it is presently zoned. Mr. Newman answered in the affirmative. MOTION by Councilman Schneider to waive the reading and adopt Orciinance No. 916 on the second reading and order publication, with the followiny stipulations: (1) the vacated house on the rezoned �arcel shoulct be rer�weu frcm the site prior to the publishing of the rezoning ordinance; (2) the proposed rezoning is for the develognent as outlined on the attached site plans and elevations only; (3) the petitioner or her agent agrees to manage the leasing of the office space in a fashion which would not create a need for on-street �rking. Should on-street garking result, the City may sign -11- . , l • • � . FRIDLEY CITY OOUNCIL MEETING OF SEPTF��ER 12, 1988 the street as "no parking" and require that additional stalls be made available or the need be reduced; (4) petitioner to work with staff on landscape refinanents and have an agreed upon plan; (5) petitioner to supply a stonn drainage plan which meets staff apprwal; (6) petiticmer to supply a perfo�e bond or letter of credit in the amount of three percent of the construction value prior to issuance of a building permit; (7) tliat this rezoning is contingent upon the property avner filing Restrictive Covenants against the subject property praviding for the follawing: (a) that the property will only be used for the construction of a building that fully conforms with and canplies with those site plans and elevations which are on file with the office of the Director of Caa�nunity Development for the City of Friciley; and (b) that the property owner warrants that all tenants, visitors, or occupants of ariy building constructed on the prenises will not park in the street while using or visiting the building. Further, the avner will t.ake any and all steps which are necessary so as to insure that there is not ariy on-street �rking; and (8) in the event that a Certificate of Occupancy is not issued on or before June 1, 1990 by the City for the building described above, then this rezoning shall be automatically tezminated and the zoning classification for the property shall revert to the original zoning classification of R-3, General Multiple Dwelling. Secondc�ci by Councilwanan Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unalzirrously. 6. CONSIDER.ATION OF A VARIANCE, VAR #88-03, TO REDUCE THE WIDTH OF TI�E - SC�EEIVING STRIP BEIWEEN OOI�IERCIAL AI�ID RESIDEI�FI'IAL DISTRICrS FROM 15 FEE'I` TO 5 FEE'I' ON TI-� EAST AI�ID NORTH SIDES OF THE PROPERTY TO ALL�OW THE OONSTR�ICTION OF AN OFFICE Cl�I�'lPLEX ON L,OT 1, Bi� l, HILLWIND ADDITION, THE SAME BEING 9�1 HILLWII�ID ROAD N.E., AND ON L�(7I' 3, AUDITOR'S SUBDIVISION N0. 25, THE SAME BEIi�]G 1001 HILLWII�ID R6AD N.E., BY C�ERYL STINSKI: MC7I'ION by Councilman Schneider to concur with the unani�ous recommendation of tYie Ap�eals Co�runission and grant Variance, VAR #88-03 . Seconded by Councilwoman Jorgenson. Upon a voice vote, a1I voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS• 8. CONSIDERATION OF SETTING PUBLIC HEARING FOR POSSIBLE REVOCATION OF SP #77-04, APAC� CAMPING CENI'ER• Mr. Robertson, C�nnunity Develo�xnent Director, stated staff was going to suggest a public hearing date" of October 3, 1988 regarding the possible revocation of this special use permit. He stated, hc�aever, that the awner of Agache Camping Center will be on vacation at this time and requested the hearing be set for Octaber 17, 1988. MOTION by Councilman Fitzpatrick to set a public hearing f or Oc tober 17, 1988 for the possible revocation of Special Use Fezm.it, SP #77-04. Seconded by �uncilwaman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanutu�usly. 9. �NSIDERATION OF AN �►'F►v.�ION OF A SPECIAL USE PERMIT, SP #86-15, TO ALL�O�N1 A �. -12- � � � ! � _ � CITYOF FRIDLEY CNIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE(612)571-3450 September 19, 1988 Cheryl Stinski 1612 Berne Circle N.E. Fridley, MN 55432 On September 12, 1988 the Fridley City Council officially approved your request for a Rezoning, ZOA ��88-01 , to rezone from R-3, General Multiple Dwelling, to CR-1 , General Office, on part of Lots 2 and 3, Auditor`s Subdivision No. 25, the same being 1001 Hillwind Road N.E. , with the following stipulations: 1 . The vacated house on the rezoned parcel should be removed from the site prior to the publishing of the rezoning ordinance. 2. The proposed rezoning is for the development as outlined on the attached site plans and elevations only. 3. The petitioner or her agent agrees to manage the leasing of the office space in a fashion which would not create a need for on-street parking. Should on-street parking result, the City may sign the street as "no parking" and require that additional stalls be made available or the need be reduced. 4. Petitioner to work with staff on landscape refinements and have an agreed upon plan prior to City Council approval. 5. Petitioner to supply a storm drainage plan whicn meets s�afi a�proval prior to City Council public hearing. 6. Petitioner to supply a performance bond or letter of credit in the amount of 3� of the construction value prior to issuance of a building permit. 7. That this rezoning is contingent upon the property owner filing Restrictive Covenants against the subject property providing for the following: a. That the property will only be used for the construction of a building that fully conforms with and complies with those site plans and elevations which are on file with the office of the Director of Community Development for the City of Fridley. r � .� • • Stinski ZOA September 19, 1988 Page 2 b. That the property owner warrants that all tenants, visitors, or occupants of any building constructed on the premises will not park in the street while using or visiting the building. Further, the owner will take any and all steps which are necessary so as to ensure that there is not any on-street parking. 8. In the event that a Certificate of Occupancy is not issued on or before June 1 , 1990 by the City for the building described in paragraph 1 � above, then this rezoning shall be automatically terminated and the zoning classification for the property shall revert to the original zoning classification of R-3, General Multiple Dwelling. If you have any questions regarding the above action, please call the Planning Department at 571-3450. Sincerel�y, � ? � � i U ohn L. Robertson Community Development Director JLR/dn Please review the noted stipulations, sign the statement below and return one copy to the City of Fridley Planning Department by September 30, 1988. `�� Concur with ction taken • i CHERYL STINSKI ZOA ��88-01 STIPULATIONS I . The vacated house on the rezoned parcel should be removed from the site prior to the publishing of the rezoning ordinance. 2. The proposed rezoning is for the development as outlined on the attached site plans and elevations only. 3. The petitioner or her agent agrees to manage the leasing of the office space in a fashion which would not create a need for on-street parking. Should on-street parking result, the City may sign the street as "no parking" and require that additional stalls be made available or the need be reduced. 4. Petitioner to work with staff on landscape refinements and have an ag.r_-e��i upon plan prior to City Council approval. 5. Petitioner to supply a storm drainage plan which meets staff approval prior to City Council public hearing. 6. Petitioner to supply a performance bond or letter of credit in the amount of 3� of the construction value prior to issuance of a building permit. 7. That this rezoning is contingent upon the property owner filing Restrictive Covenants against the subject property providing for the following: a. That the property will only be used for the construction of a building that fully conforms with and complies with those site plans and elevations which are on file with the office of the Director of Community Development for the City of Fridley. b. That the property owner warrants that all tenants, visitors, or occupants of any building constructed on the premises will not park in the street while using or visiting the building. Further, the owner will take any and all steps which are necessary so as to ensure that there is not any on—street parking. 8. In the event that a Certificate of Occupancy is not issued on or before June 1 , 1990 by the City for the building described in paragraph 1 above, then this rezoning shall be automatically terminated and the zoning classification for the property shall revert to the original zoning classification of R-3, General Multiple Dwelling. � Q�RYI, STIlSSKI � ZQA #88-01 STIP[JI�P,TIONS 1• The va�ated hr�u-se ori the rezoa�ed p�arcel sh+ould be remaved f roan the si te prior to th�e publishing of the rezoning ordinarLce. 2• The Prnposed rezcaiing is for the develog►ie.nt as autlir�ed oai the attached site plans and elevations anly. 3. The petitioazer c� her agent agrees to m3nage the leasing of the office space in a fashio� which would mt create a need for on-street parking. Should on- street parking resul t, the City may sign the street as "no parking" and require that additioa�al stalls be made available ar tlze r�eed be reduced. 4. Petitioner to w�ork with staff cn landscape ref�narr�n� and have an agreed up�n plan prior to City Council apprvval. 5. Petitioner to supply a stonn drainage plan which meets staff approval prior to City Council public hearing. 6. Petitianer to supply a perfon�nance bond or letter of credit in the amount of 3$ of the c�structicm value prior to issuance of a building permit. 7. That this rezoning is contingent upon the property owner filing Restrictive Covenants against the subject property providing for the following: a. That the property will only be used for the construction of a building that fully conforms with and complies with those site plans and elevations which are on file with the office of the Director of Community Development for the City of Fridley. b. That the property owner warrants that all , tenants, visitors, or occupants of any building constructed on the premises will 'i not park in the street while using or I visiting the building. Further, the owner ''I will take any and all steps which are necessary I so as to insure that there is not any - onstreet parking. g. In the event that a Certificate of Occupancy is not issued on or before Jtt� 1, 1990 by the City for the building described in paragraph 1 above, then this rezoning shall be automatically terminated and the zoning classification for the property shall revert to the original zoning � c 1 a s s i f i c a t i o n o f I.L 3, C�I�RAL N�JLTIP�E DWELLING- _ � �9�! ".3 __.__;� � � • � j �ti�� STATE OF tiIhNESOTA CITY COUNCIL PROCEEDINGS COUNTY OF ANOKA uTiY GF F^niDLEY In the Matter of a Rezonin�, ZOA �'�88-01 _ REZ ON ING Cheryl Stinski , Owner The above entitled matter came before the City Council of the City of Fridley anc� was heard on the 12th day of September , 19 88 on a � petition for rezoning pursuant to the City of Fridley�s Zoning Ordinance, for the folloWing described property: To rezone from R-3 (General i�ultiple Dwelling) to CR-I (General Office) on all that part of Lots 2 and 3, Auditor's Subdivision No. 25, according to the r.iap or plat thereof on file and of record in the office of the Anoka County Register of Deeds, lying west of the east 1580.4 feet thereof., and lying north of the south line of the north half of the Northwest Quarter of the Southwest Quarter of Section 23, T-30, R-24; and which lies south of the south line of Lyndale Builder`s 6th Addition, according to the map or plat thereof on file and of record in the office of the Registrar of Titles, Anoka County. IT IS OW}ERED that rezoning be granted as upon the folloWing conditions or reasonse Eight stipulations. See City Council minutes of September 12, 1988. STATE UF NINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) I, Shirley A. Haapala, City Clerk for the City of Fridley with and in for said City of Fridley, do hereby certify that I have compared the foregoing copy ar.d Order granting rezoning with the original record thereof preserved in u�y office, and have found the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF� I have hereunto subscribed my hand at the City of Fridley, Min esota, in e County of Anoka on the c��.�'/l� _ day of ` �! , 19�. DRAFTED BY: City of Fridley 6U31 University Avenue N.E. Fridley, MN 55k32 4 � / � �� «��t�s 1�, r � 6 r SHIRLEY A. HA ALA, CITY.—G�, K - .> n . , ,:;, 1 ` d �i'�t�T O / �J�Jn'•�. . " .��,�, . . . ��^. . ^.�� . � . ., • ♦ . � �') •- �/i��,,t� �_ . ^+ • • � FRIDLEY CITY C�OIJNCIL MF.E,TiNG OF SEPTF.N�ER 12, 1988 No persans in the audience spoke regarding this assessnent. MOTION by Councilman Schneider to close the publ � earing. Seconded by Councilwaman Jorgenson. Upon a voice v , all voting dye, Mayor Nee declared the motion carried unanimous and the publ ic hearing closed at 9:56 p.m. OLD BUSINESS• At this � e, Item 7 was considered before Item 6 as both these items invo the same property. Item 7 was the rezoning and Item 6 was a i�e. - 7. ORDINANCE N0. 916 APPROVING A REZONING, ZOA #88-01, TO REZONE FROM R-3, - GF�RAI� MULTIPLE DWELI.,iNG TO CR-1, G�R�I., OFFICE, ON PART OF LOTS 2 AND 3, AUDITOR'S SUBDIVISION N0. 25, TI� SAME BEING 1001 HILLWIND ROAD N.E. , BY (�RYL STINSKI• Mr. Rnbertson, C.rnmunity Development Director, stated the Council appraved the first reacling of this ordinance, with sti�ulations, at their August 8, 1988 meeting. He stated the City Attorney was asked to review the process for irnpl anenting Stipulations 2 and 3. Mr. Rrabertson stated the Council has a copy of the City Attorney's response and-suggestion to add Items 7 and 8 as a concLttion of the rezoning. Mr. Newman, Assistant City Attorney, reviewed Stipulaticns 7 and 8 pertaining to Restrictive Covenants and the Certif icate of Occupancy. Councilman Schneider stated he understands the intent of Stipulation No. 8, but if the building is constructed and a Certificate of Occupancy has not been issued, an office building would be located on R-3 property. Mr. Newman stated it would be a non-conforming use, however, it may be neCessary for the Council to extend that deadlin�e of June 1, 1990. Councilman Schneider stated once construction begins on the building, it would i�e awkward for the rezoning not to proceed. Mr. Newman stated he is trying to give the discretion to the Council by adding Stipulations 7 and 8. Mr. Rcabertson stated there is no on-street parking in this proposal. He stated the petitioner brought in a copy of an agreement to provide the entire p3rking on-site. . Cbuncilman Schneider stated Council requested a copy of the agreement with the a�artment aaner regarding parking and asked if it was available. Mr. Rc�bertson stated it was his unr3erstanding the CAuncil was satisfied with the agreenent the petitioner has with the tenant. He stated he did not }u�av the Council wished a copy of the agreenent with the apartment awner. -10- • • �^ . � FRIDL�EY CITY QOiJNCIL MF.�.'I'ING OF SEPTEMSER 12, 1988 Councilman Schneider asked if there was a problem with the parking how it would be resolved. Mr. Newman stated it would be difficult. He stated he assumes bef ore the plans are appraved, there has to be sufficient evidence that staff bel ieves there will be sufff icient on-street parking. Mr. Rc�bertson stated there has been a change in the final building plans and the square footage has been reduced frcxn 32,000 square feet to 28,000 square feet. Councilman Schneider asked if this building meets all the code requirements for parking with the mixed use that is proposed. Mr. Robertson stated it does meet all the requiranents. - Councilman Billings stated the parking problem that could occur is when Pderrill Lynch Realty conducts their meetings with their sales re�resentatives. He felt with reducing the square f ootage, there is less demand for parking by the other tenants. He stated the petitioner also has an agreanent with Merrill Lynch Realty that they would not use any more �aarking than what they were allotted. He f elt also with the restrictive cavenants it adequately protects the City. Ms. Stinski, the petitioner, stated she d.id not have a signed agre�nent, but a verbal agreement frctn the Resident Manager of the apartment complex that tney can use ten spaces, if they are needed. Alayor I�iee stated the rezoning is contingent on certain restrictive cwenants and if the Council appraves the second reading this evening and it is publisheci, will or will r�t the property be rezoned. Mr. N�wman stated it is contract rezoning and rezoned f or this particular us2. He stated to make sure this is understood by any third party is why the-City is requiring the filing of the restrictive covenants. He statea the rezoning, for all practical purposes, will take effect after the Council's action to apprave it, but the building permit will not be issued until the restrictive covenants are filed. He stated there are real estate title qu�stions to be considered and if the financing should f all through, the City is not encLunbering the property. Councilmar► Schneider questioned if the City will either have this particular building or the property will renai.n as it is presently zoned. Mr. Newman answered in the affirniative. MOTION by �uncilman Schr�ider to waive the reading and adopt Ordinance No. 916 on the second reading and order publication, with the following stipulations: (1) the vacated house on the rezoned parcel shpuld be r�taveci frcm the site prior Co the publishing of the rezoning ordinance; (2) the proposed rezaning is for the develognent as outlined on the attached site plans and elevations only; (3) the petitioner or her agent agrees to manage the leasing of the office space in a fashion which would not create a need for an-street �rking. 5hould on-street parking result, the City may sign -11- ! /, � FRIDLEY CITY OOUN�MF.�TING OF SEPTII�ER 12, 19 88 the street as "no parking" and require that additional stalls be made available or the need be reduced; (4) petitioner to work with staff on landscape ref inanents and have an agreed upon plan; (5) petitioner to supply a stonn drainage plan which r�eets staff approval; (6) petitianer to supply a performarice bond or letter of credit in the amount of three percent of the construction value prior to issuance of a building pennit; (7) that this rezoniny is conti.ngent upon the property aaner filing Restrictive Cavenants aga.inst the subject property prwiding for the follawing: (a) that the praperty will only be used for the construction of a building that fully conforms with and canplies with those site plans and elevations which are on � f ile with the of f ice of the Director of Ccmnunity Devel opment f or the Ci ty of Fridley; and (b) that the property awner warrants that all tenants, visitors, or occupants of arzy building constructed on the pranises will not park in the street while using or visiting the building. F�-ther, the aan�er will take any and all steps which are necessary so as to insure that there is not any on-street �rking; and (8) in the event that a Certif icate of Occupancy is not issued on or before June 1, 1990 by the City for the builciing described above, then this rezoning shall be automatically terntiinated and the zoning classification for the property shall revert to the original zoning classification of R-3, General Multiple Dwelling. Seconded by Councilwnnan Jorgenson. . Upon a voice vote, all voting aye, Mayor rlee declared the motion carried unarLimously. 6. CONS - - SCREEIVING SIRIP BE'IWEEN CONY�IFRCIAL AI�ID RESIDEIVI'IAL DISTRICTS FROM 15 FEET TO 5 FEET ON THE EA�ST AI�ID NORTH SIDES OF Tf-IE PROPERTY 'Ib AI�L�'JW TI� C70NS'I'RUCTIOI�J OF AN OFFICE OOI�SPLEX ON I,OT 1, BI�OC�C 1, HILLWIND ADDITION, THE SAME BF�3VG 9�1 HILLWII�ID ROAD N.E., AI�ID ON L�O�I' 3, ALJDITOR'S SUBDIVISION N0. 25, SAI� BEING 1001 HILLWIrID R�AD N.E., BY Q-iERYL STINSKI: MC7I'ION by Councilman Schneider to concur with the unanimous ecommendation of the �.�peals Cammission and grant Variance, VP.R #88 3 . Seconded by Councilwoman Jorgenson. Upon a voice vote, all v ing aye, Mayor Nee declared the motion carried unanunously. NEW BUSINESS• 8. CONSIDER.ATION OF SETTING PUBLIC H G FOR POSSIBLE REVOCATION OF SP - #77-04, APAQ� G�ING CENI`ER• Mr. RQbertson, C',a�nunity Devel ent Director, stated staff was goiny to suggest a public hearing e of October 3, 1988 regarding the possi.ble revocation of this speci use permit. H�e stated, Y�owever, that the awner of Apache Camping Cen will be on vacation at this time and requested the hearing be set for taber 17, 1988. MOTION by Coun 'lman FiCz�trick to set a publ ic hearing for Oc tober 17, 1988 for th possible revocation of Special Use Permit, SP #77-04. Seconded by Cbunci at�an Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declar the mQtion carried unanimously. 9. SIDERATION OF AN EXTENSION OF A SPECIAL USE PIIZMZT, SP #86-15, TO ALL,CIW A . -12- � + . - s3��r� Numer��a Grantor �' Grantee—�—_ �orded� � Ch�cker��` Marg�n � Tr,Inc��z � • r:, a� i cr� ' C7:� �_ � Qf�ICE Of CCt'slNTY�EL`0#iDER c' STATx�'t¢h�9��Fl�$a:TA, C�4dNTv OP ANOKA I he�eby certifi� t;^,at t?:e wiit�� i+�s�- m,ni svas tile��,��r��ord �., oa i�e F..�. _ ��Q'c!ur�,k�F.i., and was duly rects;tf�d _, �`;'` •`; � ` / ,��•�._,�, � " - �C:nem+i ti�eor@ar By � /�{-/iin�u��.ar� � City of Fridley Community Development Dept. 6431 University Ave. N. E. Fridley, MN 55432 �-16� 7 C�2DIl�,NCE N0. 916 C�tDINANCE � �ID Tf� CTI'Y 4�DE OF THE CITY OF FRIDLEY, _ MII�OTpi BY � A Q�AI�E IN ZQJ]I� DISIRICTS 'Phe �il of the City of FY�idley does c�dain as follaws: SECI'ION 1. Appendf,x D of the City Code of FYidley i.s amended as hereinaf ter indicated. SEC�'ION 2. The tract or area within the County of Anoka and the City of �Yidley and described as: All that part of Lots 2 and 3, Auditor's Subdivision No. 25, aeoorciing to the map or plat thereof � file and of rec�ord in the office of the Amka County R,egister of Deeds, lying west of the east 1580.4 feet thereof, and lying north of the south line of the mrth half of th�e Narttavest Quarter of the Sout,t�aniest Quarter of Secti� 24, Zbwnship 30, Range 24, Anoka County, Minnesota; arx3 which lies south of the south lir�e of Lyndale Builder's 6th Additiari, according to the map or plat thereof on file and of re�ord in the office of the Registrar of Titles in and for the Ckxuity of Arx�ka, Mir.�esota. IS herebl' clesl9nated to be in the Zoned District known as CR-1 (General Office) . SECTION 3. That the Zoa�ing A�iir�strator is directed to ct�anqe the of f icial zO�� maP to shaw said tract or area to be rezoned from Zoned District R-3 (General Multiple Dwellings) to CR-1 (General Office) , subject to stipulations adcypted at City Coiu�cil meeting of 9/12/88 . PASSED AI�ID ADOFI.'ED BY � QZy p�Nqi, OF � (��y OF F��,�, �J� 12TH DAY OF SEPTEMBER , 1988. WILLIAM J. I�E - N�,YOR AZ'I'F.ST: �LE'Y A. HAAPALA - QTY CLERK Public Hearing: Jime 6, 1988 Fi.rst Reading; August 8, 1988 °` Seocmd Reading: September 12, 1988 � Publish: :June 28, 1�89 ". �� /� / City of Fridley ORDINANCE NO.916 ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS The Council of ihe City of Fridley does ordain as fol lows: SECTION 1. APPendix D of ihe Cify� Code of FridleY is amended as hereinafter indicated. SECTION 2.The iract or area within ihe CouniV of Anoka and ihe City of Fridley and described as: All ihai part of Lots 2 and 3, Auditor's Subdivision No. 25, ac cording to ihe map or plai ihereot on file and of record in ihe office . of ihe office of ihe Anoka County Re9ister of Deeds, lyin9 west of ihe east 1580.4 feet ihereof, and . lying norih of ihe south line of ihe � norih half of the Norihwest Quarter of ihe Southwesi Quarter of Section 24,Tow�ship 30,Range 24,Anoka County,Minnesota;and . which lies 5outh of ihe south line of Lyndale Builder's 61h Addition, according to the map or plat ihereof on file and of record in ihe � office of ihe Regisirar of Titles in and for ihe County of Anoka, � Minnesota. Is hereby designated to be in ihe , Zoned Disirict known as CR-1 � (GeneralOffice). SECTION 3. That �ihe Zoning Ad- � ministrator is directed to chan9e ihe official zoning map to show � said iract or area to be rezoned from Zoned Disirict R-3(General Multiple Dwellings) to CR-1 (General Office),subiect io stipu- � lations adopted at City Council meeting of 9/12/88. �� Passed and adopted by ihe City CounciF of ihe City of Fridley ihis 12th , day of September,1988. W ILLIAM J.NEE—MAYOR � � ATTEST: SHIRLEY A. HAAPALA — UTY CLERK Public Hearing:June6,1988 Firsi Reading:August8,1988 Second Readin9:September 12,1988 Publish:June29,1989 .(Published in Fridley Focus June 28,1989.) S • � • • ( / PROTECTIVE COVENANTS FOR HILLWIND OFFICE PLAZA WHEREAS, Cheryl L. Stinski, is fee owner of the following described property situated in the county of Anoka, State of Minnesota, to wit: Lots 2 and 3, Auditor's subdivision No. 25 WHEREAS, the fee owner is desirous of creating building restrictions on the above described property��r-sR-i.-d . , , . NOW, THEREFORE, the fee owner hereby establishes and creates the following Protective Covenants , �rr-said Auditor' s n- �0 2''�`'�'� su ivision No. 2 meaning and intending to establish a ��!�� uniform plan for the benefit of the Fridley City Council �"� and to continue as covenants running with the land: iA-czirl 1. That the property will be used for the construction of a building that fully conforms with and com lies , i. 1 �b,,,� with those site plans and elevations which are on �'O'u'` file with the office of the Director of Community Development for the City of Firdley. 2. That the property owner warrants that all tenants, visitors, or occupants of any building constructed on the premises will not park in the street while using or visiting the building. Further, the owner will take any and all steps which are necessary so as to insure that there is not any onstreet p a r k i ng,�(s� a,�;..1 ec,e,w��....t., �+r-...:.� ti +�'�• 3. u.,� �,�,� � �.,.�,�Q.� s,l.,,a,t ,,�-•.-� � �-t,,,,,�. �.,.�....d. d�.� � �- a� ',..�-".��. � � In.� n� �� La .�Jt�. � t r� a,o,�.�- n.te ,,..,.r�.- °'r", � � , • • i � �{,These covenants are to run with the land and shall be binding on all parties and all persons claiming under them. . IN WITNESS THEREOF, the said fee owner Cheryl L. Stinski, has here unto set its hand and seal this day of . 1988. CHERYL L. STINSICI CITY OF FRIDLEY APPROVAL: JOCK ROBERTSON ' DIRECTOR OF COMMUNITY DEVELOPMENT CITY OF FRIDLEY STATE OF MINNESOTA) ) COUNTY OF HENNEPIN) I The foregoing was acknowledged before me this day of , 1988, by Cheryl L. Stinski, fee owner. Notary Public This instrument prepared by: � Cheryl L. Stinski 1612 Berne Circle Minneapolis, MinnesAta 55421 . �, , • � PROTECTIVE COVENANTS FOR HILLWIND OFFICE PLAZA WHEREAS , Cheryl L . Stinski , is fee owner of the following described property situated in the county of Anoka, State of Minnesota, to wit : Lots 2 and 3 , Auditor ' s subdivision No . 25 WHEREAS , the fee owner is desirous of creating building restrictions on the above described property . NOW, THEREFORE, the fee owner hereby establishes and creates the following Protective Covenants on Lots 2 and 3 , Auditor ' s subdivision No . 25 , Anoka County Minnesota, meaning and intending to establish a uniform plan for the benefit of the Fridley City Council and to continue as covenants running with the land : 1 . That the property will be used for the construction of a building that fully conforms with and complies with those site plans and elevations dated and which are on file with the office of the Director of Community Development for the City of Fridley . 2 . That the property owner warrants that all tenants , visitors , or occupants of any building constructed on the premises will not park in the street while using or visiting the building . Further, the owner will take any and all steps which are necessary so as to insure that there is not any onstreet parking , by said occupants , tenants or visitors. 3 . That the City of Fridley shall have the right to take any and all steps it deems necessary to enforce these covenants , including but not limited to the right to not issue or to revoke any certificate of occupancy. 4 . These covenants are to run with the land and shall be binding on all parties and all persons claiming under them. r •. � • � IN WITNESS THEREOF , the said fee owner Cheryl L . Stinski , has here unto set its hand and seal this day of , 1988 . CHERYL L . STINSKI CITY OF FRIDLEY APPROVAL : V� JOCK ROBERTSON DIRECTOR OF COMMUNITY DEVELOPMENT CITY OF FRIDLEY STATE OF MINNESOTA) ) COUNTY OF HENNEPIN) The foregoing was acknowledged before me this day of , 1988 , by Cheryl L . Stinski , fee owner. Notary Public This instrument prepared by : Cheryl L . Stinski 1612 Berne Circle Minneapolis , MN 55421 . r . , 4 • • AROTECTIVE GOi��T�l��'� FOR HILLWIND OFFICE PLAZA Whereas, Cheryl L. Stinski, formerly Cheryl L. Nybo, and Roland A. Stinski, wife and husband, are fee owner of the following described property situated in the county of Anoka, State of Minnesota, to wit: All that part of Lots 2 and 3, Auditor' s Subdivision No. 25, according to the map or plat thereof on file and of record in the office of the Anoka County Register of Deeds, lying west of the east 1580 .4 feet thereof, and lying north of the south line of the north half of the Northwest Quarter of the Southwest Quarter of section 24, Township 30, Range 24, Anoka County, Minnesota: and which lies south of the south line of Lyndale Builder' s 6th Addition, according to the map or plat thereof on file and of record in the office of the Registrar of Titles in and for the County. of Anoka, Minnesota. WHEREAS, the fee owner is desirous of creating building restrictions on the above described property. NOW, THEREFORE, the fee owner hereby establishes and creates the following Protective Covenants on the property described above; meaning and intending to establish a uniform plan for the benefit of the Fridley City Council and to continue as covenants running with the land: 1 . The property will be used for the construction o a building that fully conforms with and compl � with t se site plans and elevations dated September 3, 1989 and which are on file with the office of t or of Community Development for the City of Fridley. 2. That the property owner warrants that all tenants, visitors, or occupants of any building constructed on the premises will not park in the street while using or visiting the building. Further, the owner will take any and all steps which are necessary so as to insure that there is not any on street parking, by said occupants, tenants or visitors. 3 . That the City of Fridley shall have the right to take any and all steps it deems necessary to enforce these covenants, including but not limited to the right to not issue or revoke any certificate of occupancy. 4. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them. s M • • IN WITNESS THEREOF, the said fee owner Cheryl L. Stinski, formerly Cheryl L. Nybo, and Roland A. Stinski, wife and husband, has here unto set their hand this day of April , 1989. �,�_ _��. �.�-� CHERYL STINSKI i��",'�i��( �it ' ROLAND A. STINSKI STATE OF MINNESOTA) ) COUNTY OF HENNEPIN) The foregoing was acknowledged before me this day of April , 1989, by Cheryl L. Stinski, formerly Cheryl L. Nybo, and Roland A. Stinski, wife and husband. Notary Public This instrument prepared by: Cheryl L. Stinski 1612 Berne Circle Minneapolis, Minnesota 55421 �-- - - � � � w Page 1 at 2 Th• HouRing and Redevelop�nt Authority In and for th� City of Fridley City ot' Fridl�y 6431 Univ�rsity Av�nue NE Fridley, Minnesots S!5432 Atte�ntion� Jock RobQrtson, City Plsnner Re: lOOi NiAlvind Rasd L.ot: 3 Additiont Aud Sub Ao 23 Plat: 34�35 9�l1 Hillrind Rowd Lotc 1 Blk: 1 Additions H311�3nd Pleta 56227 Dear Mr. Robertson, I tiould 13ke to suL�wit to the Nouaing and R�deva►lopwent Authority for tl�eir reco�wend�tione tAe folloving etetew�nt •nd docu�sentation regerding the herdship �hich pr�clud�� tht dev�inpeient irom proaceding �rithout the asaiet�nce oi tex increeent financing. The propo��d dev�lop�nt vou�d not reason�bly be �xpreted to occur ritAin the resaanably fores�eable 4uture. vithout the use o� Zax inarlaent iinencing. The exiat�nc@ ef t?�e Pro�i►ct in the City �311 contribute to wore int�nsive dev�lop'ent and use ot the land to incr�ese the tex �sae ot Zhe City and ov�rlspping taxing autT�oritiea snd �sintsin �nd pravide Sar an 3ncreese fn opportun3tie� for �sploywient ior the reaid�nte ai the City. Conv�nt3onal, co��ereial 31n�ncing to poy the c�pitel coat o� the Pro�ect is availet►le at auch coeta oi borro�ring thet the ecanowic ieasiDi�ity ot operating the Pro�ect rould be aignifiasntZy reduaed. but that vith the �id of *unicipel tinanaing. •nd ita renulting lov borroring aoat, t?�e Pro�eat ia �ore teaeible. Industrisi revenuo Donde oi the City cauld be issued and �old upon t�vorsble rwtes and terws to Sinanc� the Pro�ect. TAe 3�sue eS revenue bondn aould �inance the coat, in vhale ar in psrt, a� the •cquie3�3on, construation, reco»ntruction, iAprove�ent or �xteneion of aapitel pro�ecta aonsieting of properti�ee uaed •nd usetul in connection �ith w rev�nue producing enterpri�e. such es th�t ot the •pplicant. and the i�euence oS euc?� bond8 by tA� City rould be a aubstantial 3nducewent to the •pplicant ta conatruat ite tecility fn the City. 1/ • � � Pagr 2 of 2 Attached plessa find dr�it docu�nts �hich itea�iz�s the aon�tructton casts, ,nd a short •i�plt su�Mary of ope�rating �xpsn.es snc! rev�nu� pro f�ct ions. I Your attention and considerstion to thi• develo �ent Pro !ct P � is v�ry wuah sppreci�ted. Sincerely, /�' � !�--i-C;- � � Cher 1 ��. Btinski Y 1612 Berne Circle Fridley, ![innescta '� f � • ' � � Attsch�ent COSTSs LAHD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . �95.000 ARCHITECT . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8Q.000 Civil b Structurml. . . . . . . . . . . . . . . . . . . . . if?, 000 SURVEYING - Build�ng i topagrephic Site u�.ility, grading 3 dr�insge pl�n S, SO� SITEPREPARATION. . . . . . . . . . . . . . . . . . . . . . . . . . . 30, C1d0 320, SOO . BUILDING (32, 718 X 30. 00 sq. tt. �. . . . . . . . . i,635, 900 ' BUI[.D-OUT (32, 718 X 13. 00 sq. ft. ). . . . . . 490, 770 PARKING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LANDSCAPING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . �� l�U � 9� �� 2�� Z�S t r� � • � � f � AttocA�nt DRAFT PROFORMAs 32, 718 sq. ft. x 70 X = 22, 902 22.902 x 7S7C leased 17, 176 Debt service: ��•�� Qpereting coeta s ! 2.�5 sq.ft. �.� Taxee s ! 2. 30 sq. ft. 75. 380 331, � R�vQnue: , 10. SO nr 2. 45 aper�ting exp�nae 2. 30 t�xes 1 S. 2S 17, 176 x 13.2� = 261. 193 261, 193 70, !07 � � � H LETTER OF AGRE�MENT This Letter- af Agreement is enterec� into triis 3rd day of August , 1988 , tay and between pnik Street Investment by Cameron M . Oyen , Property Manag�r (h�ereafter referred to as Palk , and Cheryl 5tinsk7 far Hillwind Partnership (hereafter referr•eci to as 5tinski ) . Wherea� , Cf7eryl 5tinski and Camernn qyen , wish to estab11ah � sh�ring relationship agresment �ar p�rking ; and Whereas , the FricJley City Cnuncil h�a requestecJ that a parking plan be developed ; ancl Whereas , tFie parties have successf��lly resolved the issue in dispute . Naw , ther�fore , in consideration of th� mutu�l promisa� and cavenants established herein , the parties agrEe as fa1laws : 1 . f'o1k ayrees to offer Stinski the us� of ten (10) parkinc� sta1ls located behind the 5660 & 565Q bui1dings and bnrdering the East portion of the 5tinski property . 2 . 7hese spaces will be available for use if the Merrill Lynch Realty tenant shau1d require an additional demand on Tuesday morning . 3 . 5� 11'laki agrees ta allow Pnll< to ahare ten ( 1Q) parking spaces 1ocated at th� Mi1lwind office building bordering the East partion of th� property for use after business hours . 4 . Stinski and f'olk �gree tn enforce the parking allocations . 5 . Thiis agreement sha11 be binciing upon C�olk and Stinsk �i and upon their administrators , repres�ntatives , executors , success�r� and �ssigns and insures for the b�nefit of th�: f= rid1ey City Cauncil . In witness whereof , the parties have executed this Agreement as of the date first written above . �� Cameran M . Oyen Chery1 `' ins i for Praperty hi�n�ger N�illwinc� C'artnershi � Polk Street Apartm�nts 1G � � Addendum �n Lease LE7TER OF AGREEMENT This Letter of Agreement is eni:ered into this 25th day af July , 1988y by and between hlerri1l Lynch Realty (hereafter referred to as Realty , ancJ Chery7 Stinski far Hillwind Partnersl-iip (hereafter referred to as 5tinski ) . Whereas , Merrill Lynch R�a1ty wishes to clarify their dem�nd for parl� ing in relation to the tota1 parl� ing provided ; and 4Jhereas , the Fridley City Council has requested that a parl< ir�� pl �n be devel nped ;, and Whereas , the parties have successfu1ly resalved the issue in dispute . Naw , therefor-e , in considera�kion of the mutual pram �i5es and covenants established herein , the parties agree as follaws : 1 . Realty dPclar�s ancJ represents that their demand for parking s17a11 not exceed the allacated spaces . 2 . The peak aper�ting period , th�t has k�een eludPcl to , accurs salely on Tuesday Marninr� for 1-2 hours . At this time Realty wi11 use anly all �cated parkiny spaces prnvided . If there �hould be any overa9e nf the allocation then , Realty wi11 park aff premise� at anoth�r 1ocation . 3 . Management of Realty and Stinski agree to enforce the parking allocation of Realty . 4 . 7his agreement shall b� binding upon Rea1ty and Stinski and upan their administrators , represenkatives , �xecutors , successora ancJ assigns and insures for th� benefit of the Fridley City Council . i , ��` __� 3 i�� . Merri 1 Lyncf7 ' Realty Cheryl St nski ar Hillwind Parfiriership Dated �� -S