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05/07/1990 - 5120� �inor FRIDLEY CITY COIINCIL MEETING !�OLrr ATTENDENCE SHEET MONDAY May 7 , I990 7:30 P.M. 3�LEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN PRINT NAME (CLEARLY) �,� t`� t���., r i r�c-��E? 4 ADDRESS �r�r.���7�e�.�:� � ITEM NUMBER � FRIDLEY CITY COIINCIL MEETZNG, MAY 7, 1990 Paqe 2 OPEN FORIIM, VISITORS: (Consideration of items not on agenda - 15 minutes) PIIBLIC HEARING: Issuance of an O�-Sale Beer License to Wong's Gourmet Restaurant at 1254 East Moore Lake Drive . . . . . . . . . . . . . . . . . . . 1 - lA OLD BOSINESS: Commission Vacancies and Terms That Will Expire in 1990 for City Council Consideration . . . . . . . . . . . 2 NEW BIISINESS: Resolution Authorizing Signing an Agreement for Certain Employees Represented by International Union of Operating Engineers, Local No. 49, AFL-CIO (Public Works Maintenance) for 1990 . . . . . . . . . . . . . . 3 - 3W FRIDLEY CITY COIINCIL MEETING, MAY 7, 1990 Paqe 3 NEW HIISINESS (CONTINIIED): Receive the Minutes of the Planning Commission Meeting of April 25, 1990 . . . . . . . . . . . . . . . . 4 - 4GGGGG A. Establish Public Hearing for Rezoning, ZOA #90-02, by Urban Commercial Developers and Fridley Town Square Associates to Rezone Three Separate Parcels as Follows: L�ot 9, Block 2, Rice Creek Terrace Plat 1 from R-1, Single Fami�� Dwelling, to S-2, Redevelopme�tt Districtp the same being 355 Mississippi Street N.E.; AND Lot 12, Block 3, Rice Creek Terrace Plat 2 from R-1, Single Family Dwelling, to S-2, Redevelopment District, the Same Being 368 - 66th Avenue N.E.; AND Lots 10, li and 12, Block 2, Rice Creek Terrace Plat 1, except the South 3� Feet �h�reaf, According to the Recorded Plat Thereof on File and of Record in the Office of the County Recorder, Anoka County, Minnesota, and Lots 13, 14, 15 and 16, Block 3, Rice Creek Terrace Plat 2, According to the Recorded Plat Thereof on File and of Record in the Office of the County Recorder Anoka County, Minnesota, from R-1, Singie Family Dwelling, and C-1, Local Business, to S-2, Redevelopment District, the Same Being 6525 University Avenue N.E. ............. 4 - 4Q ............. 4JJ - 4GGGG B. Establish Public Hearing for a Preliminary Plat Request, P.S. #90-02, Michael Servetus 2nd Addition, By Kate Kemper for the Michael Servetus Unitarian Society Being a Replat of Outlot A, Michael Servetus Addition, to Create Four Separate Lots, Generally Located at 980 - 67th Avenue N.E. .................... 4Q - 4U .................... 4GGGG - 4Q4QQ r NEW HIIBINE$S (CONTINIIED): Receive the Minutes of the Planning Commission Meeting of April 25, 1990 (Continuedj: C. Establish Public Hearing for Vacation Request, SAV #90-01, By Kate Kemper for the Michael Servetus Unitarian Society to Vacate Oakley Street as Dedicated in the Plat of Michael Servetus Addition, Generally Located West of 980 - 67th Avenue N.E. ... 4U - 4BB ... 4RRRR - 4WWWW D. Resolution Approving a Subdivision, Lot Split, L.S. #90-01, to Split Off the Southeasterly 92.35 Feet of Lot 8, Block 2, Moore Lake Hills Addition, to Create a Separate Single Family Lot, Generally Located at 6065 Central Avenue N.E ...... 4BB - 4DD ...... 4XXXX - 4GGGGG Receive an Item from the of the Appeals Commission of May 1, 1990 . . . . . Minutes Meeting . . . . . . . . . . . 5 - 5Z A. Variance Request, VAR #90-0�, to Reduce the Required Setback from a Right-of-Way Abutting a Residential District from 100 Feet to 37 Feet, and 41.9 feet; and to Reduce the Setback Between a Parking Area and a Main Building from 5 Feet to 0 Feet, to Allow the Construction of Additional Office Space in Conjunction wi�th a General Overall Building Expansion Project, on Lots 2 through 10, Block 6, Rice Creek Plaza South Addition, and Lot 20, Block 5, Lowe11 Addition, the Same Being 6536 Main Street N.E., by Stylmark, Inc. FRIDLEY CITY COIINCIL MEETING, MAY 7, 1990 Paqe 5 NEW BIISINE88 (CONTINQED): Approval of Indemnification Agreement for Bikeway/Walkway Easement on Tarqet Warehouse Property . . . . . . . . . . . . 6 - 6D Approval of Easement Agreement for Bikeway/Walkway to Cross M.T. Properties Easement . . . . . . . . . . . . . . 7 - 7H Receive Bids and Award Contract for Flanery Park Shelter Project No. 206 . . . . . . . . . . . . . . . . . . . . . 8 - 8B Resolution Ordering Improvement, Approval of Plans and Ordering Advertisement for Bids: Onondaga Street Storm Sewer Repair Report No. 209 . . . . . . . . . . . . . . . . . . . . . 9 - 9C FRIDLEY CITY COIINCIL MEETING, MAY 7, 1990 Paqe 6 NEW BOSINESS (CONTINUED): Approval of Policy for Use of Public Meeting Places in the Fridley Municipal Center . . . . . . . . . . . . 10 - lOG Claims . . . . . . . . . . . . . . . . . . . . . 11 Licenses . . . . . . . . . . . . . . . . . . . . 12 - 12J Estimates . . . . . . . . . . . . . . . . . . . . 13 - 13K PiDJOIIRN: • Veterans' Buddy Poppy Day May 11,1990 VI%iliiam J. Nee Mayor Fridley, MN WHEREAS, the annual sale of Buddy Poppies by the Veterans of Foreign Wars of the United States has been o�cially recognized and endorsed by governmental leaders since 1922; and WHEREAS, VFW Buddy Poppies are assembled by disabled veterans, and the proceeds of this worthy fund-raising carrcpaign are used exclusively for the benefit of disabled and needy veterans, and the �vidows and or�hans of deceased veterans; and WHEREAS, the basic purpose of the annual sale ofBuddy Poppies by the Veterans of Foreign Wars is eloquently reflected in the desire to Honor the Dead by Helping the Living; NOW, THEREFORE, BE IT RESOLVED that 1, William J. Nee, Mayor of the City of Fridley hereby proclaim May Il , 1990 as Veterans' Buddy Poppy Day and urge the citizens of Fridley to recognize the merits of this cause by contributing generously to its support through the purchase of Buddy Poppies on the day set aside for the distribution of these symbols of appreciation for the sacrifzces of our honored dead. I urge all patriotic citizens to wear a Buddy Poppy as mute evidence of our gratitude to the men and women of this country who have risked their lives in defense of the freedoms tivhich we continue to enjoy as American citizens. IN WITNESS WHEREOF, I have set my hand and caused the seal of the City of Fridley to be a�xed this 7th day of May 1990. WILLIAM J. NEE, MAYOR • Public Works Week May 20 • 26, 1990 VYilliam Mayor Fridley, J. Nee MN WHEREAS, public works services provided in our community are an integral part of our citizens' everyday lives; and WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such. as water, sewers, streets, highways, parks, public buildings and snow removal; and WHEREAS, the health, safety and comfort of Fridley greatly depends on these facilities and services; and WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, maintenance and construction is vitally �lependent upon the efforts and skills of public works personnel; and WHEREAS, the efficiency of the qualified and dedicated personnel who staff public works departments is materially influenced by the people's attitude and understanding of the importance of the work they perform; NOW, THEREFORE, BE IT RESOLVED that 1, William J. Nee, Mayor of the City of Fridley hereby proclaim May 20 - 26,1990 as Public Works Week in the Ciry of Fridley and call upon all citizens and civic organizations to acquaint themselves with the problems involved in providing our public works, and to recognize the contributions which public works personnel make every day to our health, safery and comfort. IN WITNESSWHEREOF,1 have set my hand and caused the seal of the Ciry of Fridley to be affixed this 7th day of May,1990. WILLIAM J. NEE, MAYOR ♦ Older Americans Month V1�illiam J. Nee Mayor Fridley. MN May 1990 WHEREAS, one of the most dramatic changes occurring in our nation and in our city is the aging of our population; and WHEREAS, these increasing number of OlderAmericans bring enormous opportunities and challenges for all components of our society - families, businesses, government and volunteer groups; and WHEREAS, every segment of our society will be influenced by the needs, resources, and expertise of our older citizens; and WHEREAS, older citizens play a major role in the preservation and transmission of Fridley's history; and WHEREAS, older people play a pivotal role in formal and informal education, sharing years of accumulated experience and wisdom which will impact on our city's future ... providing a vision for a new decade; NOW, THEREFORE, I William J. Nee, Mayor of the City of Fridley do hereby proclaim the month of 1l�lay,1990 to be 01der Americans Month in Fridley, Minnesota and call upon all Fridley residents to recognize the importance of strengthening bonds between all ages to create a bright vision for the future. IN WITNESS WHEREOF, 1 have set my hand and caused the seal of the City of Fridley to be affixed this 7th day of May 1990. WII�LIAM J. NEE, MAYOR T8E lIINIITES OF T8E REGIILAR MEETING OF THE FRIDLEY CITY COIINCIL OF APRIL 23, 1990 The Regular Meeting of the Fridley City Council was call'�ed to order at 7:33 p.m. by Mayor Nee. �LEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL• MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman Schneider, Councilman Fitzpatrick and Councilman Billings MEMBERS ABSENT: None PRESENTATION OF PROCLAMATION: �'OREIGN EXCHANGE STUDENT WEEK - APRIL 23-29, 1990: Mayor Nee read and issued a proclamation proclaiming April 23-29, 1990 as Foreign Exchange Student Week in honor of Daniel Dutta, West Germany; Tine Kauland, Denmark; and Sandra Skeiner, Switzerland. These students were made honorary citizens of the City of Fridley while participating in this program. Mr. Dutta, Ms. Kauland, and Ms. Skeiner presented the City with flags of their countries. Mr. Dutta attends Fridley High School and Ms. Kauland and Ms. Skeiner attend Totino-Grace High School. Mr. Rudy Nessman, representing the Fridley VFW Post 363, presented American flags to these students. Mayor Nee and members of the Council extended their thanks and appreciation to the students for the flags. APPROVAL OF MINUTES: COUNCIL MEETING, APRIL 9. 1990: MOTION by Councilwoman Jorgenson to approve the minutes as presented. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. BOARD OF REVIEW MEETING APRIL 16, 1990: MOTION by Councilman Schneider to approve the minutes as presented. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: Mayor Nee requested Item 7B be deleted from the agenda. MOTION by Councilman Schneider to adopt the agenda with the deletion of Item 7B. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM. VISITORS: BOY SCOUT TROOP 167: Councilman Billings acknowledged the leaders and scouts from Boy Scout Troop 167. He stated this troop is from St. William's and is working on their citizenship merit badges. The Council extended a welcome to the scouts for attending the meeting. Mayor Nee stated he understands there are residents at the meeting this evening who wish to address the issue of the City's lease agreement with Walter Rasmussen and residents who wish to speak regarding the problems at Locke Lake. He stated the Council would not normally take any action this evening, but would like to hear from the residents regarding their concerns. LEASE AGREEMENT - WALTER RASMUSSEN, 541 79TH WAY: Mr. Garland Lagesse, 7951 Broad Avenue, stated, as a result of a neighborhood meeting, a statement has been prepared for the Council's consideration. He read a letter dated April 22, 1990 addressed to the Council in which the neighborhood expressed their objection to the City entering into a lease agreement with Mr. Rasmussen. Mr. Lagesse stated Mr. Rasmussen was given permission to install a fence around the perimeter of City land, enclosing the creek, and creating a barrier to the trail leading to the creek. He stated the lease indicates approval by the City to privatize public land by giving permission to erect a fence on City property thereby enabling Mr. Rasmussen private extension of his land by four lots. He stated the change in status of this City land was done without notification of either property owners adjacent to the land or local residents who have commonly used and shared the land and creek for well over thirty years. A petition was also received objecting to the erection of this fence by Mr. Rasmussen. MOTION by Councilwoman Jorgenson to receive the letter dated April 22, 1990 in objection to the lease agreement with Mr. Rasmussen. FRIDLEY CITY OIINCIL MEETINQ OF APRIL 23, 1990 PAGE 3 Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Fitzpatrick to receive Petition No. 3-1990 in objection to the erection of the fence. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Ms.,Darlene Brady, 641 Buffalo Street, stated she had enjoyed the view out her window, but now did not appreciate looking through a chain link fence. She stated the fence is not in compliance with the City code and is in the street right-of-way on 79th Way and it appears to be in the right-of-way on Broad Avenue and Buffalo Street. Mr. Rasmussen, 541 - 79th Way, stated he wished he had been given the opportunity to meet with the neighboring residents last week, but he was not invited to the meeting. He stated he has had neighbors, Council members, engineers, and reporters coming to his door as late as midnight over the last several weeks. Mr. Rasmussen stated a lot of the negative impact of the creek has been on his property. He stated if you look at the record, he was in favor of cleaning the creek through a project for the scouts, church youth group, or others. He stated he did not mean to cause • the neighborhood any problems and his only intent was to preserve the natural habitat. Mr. Rasmussen stated the creek is a natural wildlife creek, but this is not the case now as such things as bricks, tires, and glass are thrown into the creek which really is not very natural. He stated the fence was not intended to be a permanent structure, but to allow hedges to develop to solve the erosion problem. He stated he is encouraged by the fact that the neighborhood wants to get together and try to solve the problem. He stated that is all he really wants to do, and that he did not want the creek for his personal enjoyment. Mr. Rasmussen stated he came to the Council a year ago and offered to spend his own money to try and improve the area. He stated his only intent is to preserve the area and try to upgrade it. He stated Fridley should be proud of its resources and park system, but for the residents to allow the vandalism does not speak well for anyone. He stated he would do anything he could to help correct the problems in the area. He stated his desire is to solve the problem in an amicable way. Councilwoman Jorgenson stated she has met with Mr. Rasmussen and walked through the neighborhood, and he has offered keys to the neighbors. She understands that several of the neighbors have accepted keys. She stated she does not perceive that Mr. Rasmussen is trying to keep the creek for his own personal use. $RIDLBY CITY COIINCIL I�EETING OF APRIL 23. 1990 PAGE 4 Mr. Lagesse stated the reason they bought their home in this area was because of the naturalness. He did not feel a chain link fence was natural. Ms. Brady stated the area is spoiled now by the chain link fence. Councilwoman Jorgenson stated the fence is a way to protect the natural environment. She stated the code enforcement problems in the neighborhood have greatly improved from what she observed last Wedrtesday from what it was in October. Mr. Lagesse stated there are thirteen residents who have indicated a willingness to clean up this area, but they do not want the fence as it detracts from the natural environment. He stated he probably was not as aware as Mr. Rasmussen of the erosion problem. Mayor Nee stated there are good offers on both sides and some ground for working together. Mr. Mike Lafave, 640 Dover Street, stated he would like to see the City code enforced on Ely Street. Ms. Mary Nelson, 600 Buffalo Street, stated anyone is welcome in the neighborhood group they have formed. She stated the primary purpose is to have the fence removed. Mayor Nee stated the Council is aware of the residents' concerns and will get back to them with a response. Councilman Billings stated he would like to know where Mr. Rasmussen's property ends and the Broad Avenue right-of-way begins and where the 79th Way right-of-way is located. He stated he did not know if it would be necessary to discuss this further at any Council meeting, but perhaps at a neighborhood meeting. Councilman Billings stated when Mr. Rasmussen wanted to clean up the area, he was encouraged that someone wanted to take the time and effort to do something to improve the area. He stated now that this situation has created a focal point in the neighborhood, he is more positive that something good will evolve for the future. He stated he did not know if there were any short term answers this evening, without doing some further study and research. Mayor Nee stated he would like a neighborhood meeting on this issue, but a little time was needed for further study. Ms. Nelson requested that the "no trespassing" signs be removed and that the gate remain unlocked. Councilwoman Jorgenson stated Mr. Rasmussen told her last Wednesday he would remove the signs. FRIDLEY CITY COIINCI KEETING OF APRIL 23, 1990 PAGE 5 Ms. Nelson stated the signs are still there. She stated there are some people in the neighborhood who feel bad because they were not offered a key. She stated right now Mr. Rasmussen is the only person who determines who does or does not get a key. Ms. Nelson stated she questioned the legality of the fence on the right-of-way and wondered who was liable. Mayor Nee stated the Council would obtain that information from the City Attorney. Mr. Lagesse stated the lease may be terminated and referred to Section 8 (g). Councilman Billings stated the matter will be reviewed, but nothing can be solved this evening. Mayor Nee stated the residents would be notified of any meeting regarding this issue. Councilwoman Jorgenson stated Mr. Moravetz of the City staff can meet this evening with anyone interested in information on the survey for Riverview Heights park. LOCKE LAKE PROBLEMS: Ms. Mary Vasecka, 6909 Hickory Drive, explained how the Locke Lake Dam came into being back in 1955, resulting in the creation of the lake with an average depth of ten feet. She stated above average homes were built around the lake, however, over the years, various problems have plagued the lake such as debris, silt, and snow- mobiles. She stated these problems still exist and a speedy resolution is requested. Ms. Vasecka stated in a memo from John Flora dated Apri1 16, 1990 that he stated that there was erosion of the dam and the water level of Locke Lake would be lowered in order to reduce the deterioration and failure of the dam. She stated the memo further stated that it may be appropriate for residents to plan and/or complete any shoreline improvements or cleaning during this period. Ms. Vasecka stated in 1971, Don Schultz predicted if nothing was done until the Rice Creek Watershed District (RCWD) acted, the lake may not be saved,and end up as a smelly mud hole. She stated this is what is happening now. She stated the residents' questions are who is responsible for damage to the dam and, if recent road construction contributed to this problem, if the City is planning any litigation. Ms. Vasecka stated the RCWD's original proposal for work to be done still has not been approved. She stated they were advised that the dam would be repaired in December. She questioned if this does not FRIDLEY CITY COIINCIL MEBTING OF APRIL 23. 1990 PAGE 6 occur until December, what kind of reassessing of the values of their homes is planned. She stated they have security problems and residents may be forced to erect fences. Mr. Flora, Public Works Director, stated the City is specifically responsible for the dam itself, but the RCWD is responsible for the entire system. He stated the 509 Plan was prepared and is expected to be approved shortly. He stated once this plan is approved, the RCWD will update it, which should include the proposal to remove the�sediment and replace the dam. He stated he has asked the RCWD to expedite this process and schedule these improvements this year. Mr. Flora felt it would be beneficial if the residents attended a RCWD meeting to let them know their concerns. He stated he knows funding is a problem and the RCWD is looking at all areas to finance this project. He stated the RCWD meets on the second and fourth Wednesday and third Thursday of every month and the two representatives from Anoka County are Mr. Cardinal and Mr. Savage. Councilman Fitzpatrick stated the 509 Plan has not been officially adopted and is one of the reasons nothing is happening on this issue. Ms. Vasecka stated back in 1955, the City made the commitment that they were responsible for maintenance of the dam. She stated she • pays a lot of taxes for the pleasure of living on that lake. Mayor Nee asked if the problem was the water level. Ms. Vasecka stated it is one of the problems. She wanted to know if some City trucks can assist with hauling debris. Ms. Sharon Bakke, 59 Rice Creek Way, stated she has been President of the Locke Lake Association for over thirteen years and this is not something that is just now happening. She stated she is referring to the study concerning investigation of the sediment deposits in Locke Lake completed by Hickok and Associates. Ms. Bakke stated in this study, there is a statement in regard to the dam and who is responsible in regard to fixing it and what could happen to it. Ms. Bakke stated, at one time, the RCWD, City, County, and DNR were working together and now nothing is being done. Ms. Ann Bolkcom, 6821 Hickory Drive, stated she talked to Councilman Fitzpatrick about a cleanup of the lake and decided to get the Locke Lake Association active. She stated the dam has been there for 35 years, and she cannot understand that the City has not budgeted for repairs. Councilman Schneider asked if the residents were willing to pay for the repairs. FRIDLEY CITY COIINCIL MEETING OF APRIL 23. 1990 PAGE 7 Ms. Bolkcom stated she felt everyone should pay for it. She questioned if anyone has been looking at the dam over the last 35 years. She stated she wanted something done about the dam and is willing to take a part in "pushing" the RCWD. Ms. Helen Koshuba, 6959 Hickory Circle, stated this is her fourth summer on Locke Lake and half of that time the lake has been dry. She stated she moved into the neighborhood because they wanted to be on a lake. She stated she has spoken to Mr. Cardinal and understands that the lake was to be dredged. She wanted to know how much money has been set aside for the cleanup. Ms. Koshuba stated Mr. Cardinal told her an assessment was done and the funds would be used for cleanup of Locke Lake. Councilman Schneider stated the RCWD has taxing authority. Ms. Bolkcom questioned what partion of her taxes are being provided to the RCWD and what they have done with these funds. Councilman Billings stated the City does not have that information, however, the County Treasurer's Office could tell what portion the RCWD receives of your property taxes. Mr. Schultz, 11 Rice Creek Way, stated his father started this fiqht in 1971. He stated you cannot walk in the lake as there are shopping carts, glass and other debris, and he finally realizes what his father went through in trying to get the City to do something. He stated the dam that was built is inadequate for the lake. Councilman Schneider asked Mr. Schultz if he was willing to pay for repairs to the dam. Mr. Schultz stated he was not because the City built it wrong in the first place. Councilman Schneider stated he takes exception to this statement as he did not build the dam and neither did the City. He stated we are all in this together and have to work constructively to solve the problem. Councilman Billings stated the City can remove the dam, as all it would take is a simple resolution, and the whole thing becomes the RCWD's problem. He stated in terms of cleaning up the lake, the Council does not have control over the RCWD. He stated the District is created by the Legislature and representatives are appointed by the County. He stated the RCWD are the ones who can give permission to clean up Rice Creek. He stated the Council is as frustrated as the residents. Councilman Billings stated at a meeting three years ago, there was discussion in regard to erosion control on the creek and received FRIDL$Y CITY COIINCIL M8$TING OF APRIL 23. 1990 PAGE 8 promises from the RCWD and the DNR, but nothing has been done. He stated until the urgency of the situation developed in the last month, there has not been any leverage. He stated there is now some urgency which, hopefully, will get their attention and something will be done. Councilman Billings stated Councilman Fitzpatrick keeps asking every several months about what the RCWD is doing in reqard to Locke Lake. He stated Hickok and Associates represents the RCWD and 'it is no surprise that they would submit a report that says the City is responsible. He stated the City and residents have to work together and not become adversaries. Mr. Schultz stated he would just like to see it get done as it has been nineteen years in the waiting. Ms.. Lackner, 6825 Hickory Street, stated she would like to work together and thanked the Council for their time. She stated when she purchased her home six years ago, she was told the lake would be dredged. She stated she is concerned about false hopes and fighting a losing battle due to the past history. Mayor Nee stated it is in the RCWD's plan and felt this incident should be used in an attempt to expedite the RCWD's action. Councilman Schneider stated it is important to note that John Flora and Councilman Fitzpatrick have done a lot of work to get Locke Lake in the RCWD's plan. Councilwoman Jorgenson stated the RCWD is meeting this Wednesday night at 7:30 p.m. at the Shoreview City Hall and she would be more than happy to attend with the residents. Mr. Fred Halvorson, 85 Rice Creek Way, stated he has lived on Locke Lake since 1963 and hoped the Council would not consider rescinding the resolution. He questioned the problems with the dam. Mr. Flora explained some of the problems include the loss of concrete footings, unsupportive and eroded wing walls, and continued percolation under and around the dam. He stated the entire footing could be lost and the dam could collapse. Mr. Halvorson asked if any temporary measures could be taken that would not be too costly. Mr. Flora stated possibly steel pilings could be placed across the entire front of the west end of the dam. Ms. Vasecka asked if these were new problems. She stated some residents feel it is because the shoreline was altered or because of the construction which took place on East River Road. � FRIDLBY CITY COIINCIL MEETING OF �PRIL 23, 1990 PAGE 9 Mr. Flora stated he did not believe the road improvement had anything to do with the dam. He stated he contributes the problem to the percolation of water from the east to the west side. Mr. Halvorson asked if the City has to wait for the RCWD to take action. Mr. Flora stated the City could go and spend money and temporarily fix the dam or replace it. He stated if it is replaced, the dam should be built correctly to allow sedimentation to be removed, but that should be tied in with removal of the sedi�entation which is to be done by the RCWD. Ms. Zakia Sajady, 6745 East River Road, stated there is erosion in her back yard and it has sunk. She stated her back yard retaining wall should be considered as part of the dam structure and should be reinforced. Ms. Sajady stated her patio is also sinking and felt the erosion of the spillway undermined the patio. She stated the level of water in her yard is two or three inches higher than normal and her property is completely under water. Mr. Harry Bolkcom, 6821 Hickory Street, stated he has lived on Locke Lake since 1966 and the lake used to be ten to twenty feet deep and would like to see it dredged to this depth. He stated the City's help is needed to get the lake back to its original depth, and he would do whatever is necessary. He stated part of the frustration is the drought and they now face another year of looking at mud and nothing is happening. Mr. Lee Jones, 54 Locke lake Road, asked if this item is on the agenda for the RCWD. Mr. Flora stated he would request it be placed on their agenda. Mr. Herrick, City Attorney, stated it seems to him that it might be more effective to attempt to get this item on the RCWD's agenda on a formal basis and that probably would mean it could not be done by their meeting this Wednesday. He felt the City should request this be on the agenda as soon as their schedule permits. Mr. Flora stated he would contact the RCWD as to a date when this item would come before them. Ms. Bolkcom stated Mr. Savage suggested they retain a lawyer and come as a large group. Mr. Herrick stated if the Council would authorize it, he could probably speak for the City and citizens. Mr. Herrick stated he felt even if the dam is constructed and the lake dredged, there will be a continual problem when there is a lack of rainfall. FRIDLEY CITY COIINCIL MEETING OF �PRIL 23. 1990 PAGE 10 Mr. Bolkcom stated even if it was ten feet deep, it would be better than what they have now. Mayor Nee stated the Council would contact the residents and keep them posted on this issue. RECESS• Mayor Nee called a recess at 9:22 p.m. RECONVENED• Mayor Nee reconvened the meeting at 9:32 p.m. All Council members were present. OLD BUSINESS: 1. ORDINANCE NO. 947 RECODIFYING THE FRIDLEY CITY CODE. CHAPTER 2��- ENTITLED "BUILDING CODE" BY AMENDING SECTION 206.03.02J: MOTION by Councilman Schneider to waive the reading and adopt Ordinance No. 947 on the second reading and order publication. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 2� �pPROVAL OF CONTRACT WITH HOWARD, NEEDLES, TAMMEN & BERGENDOFF (HNTB) FOR THE DESIGN AND IMPROVEMENTS TO WELL NO. 12 AND 63RD AVENUE BOOSTER STATION PROJECT NO. 204: Mr. Flora, Public Works Director, stated this letter contract is for the engineering services for design and inspection of the improvements to the 63rd Avenue Booster Station and the modifi- cations of Well No. 12. He stated this project is associated with the City's water storage requirements and provides for increased pumping capacity between the low and intermediate water zones. Mr. Flora stated the amount for the design is $17,628.00 and the construction inspection amounts to $9,850.80 for a total contract amount not to exceed $27,478.80. MOTION by Councilman Fitzpatrick to authorize the City to enter into this contract with Howard, Needles, Tammen & Bergendoff (HNTB) for the design and improvements to Well No. 12 and the 63rd Avenue Booster Station for an amount not to exceed $27,478.80. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 3. CONSIDERATION OF APPOINTMENTS TO CITY COMMISSIONS: Councilman Fitzpatrick stated a gentleman from his neighborhood has expressed an interest in serving on the Appeals Commission. He �RIDLSY CITY CODNCIL KSETING OF APRIL 23. 1990 PAGE 11 stated he does not have a resume submitted, but wants tc� become more involved in City activities. MOTION by Councilman Fitzpatrick to nominate Clifford Johns�on, Jr., 5156 Hughes Avenue, for appointment to the Appeals Commis:sion. There being no further nominations, Mayor Nee decla;red the nominations closed. MOTION by Councilman Schneider to cast a unanimous ballot for the appointment of Clifford Johnson, Jr., 5156 Hughes Avenue„ to the Appeals Commission far the term expiring April 1, 1991. �Seconded by Councilwoman Jorgenson. Upon a voice vote, all vot:ing aye, Mayor Nee declared the motion carried unanimausly. MOTION by Councilman appointments. Seconded vote, all voting aye, unanimously. NEW BUSINESS• Schneider to table the balance of the by Councilwoman Jorgenson. Upon a voice Mayor Nee declared the motion carried 4. F'IRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY MINNESOTA BY MAKING A CHANGE IlJ ZONING DISTRICTS: Ms. Dacy, Planning Coordinator, stated this rezoning is for property in the southeast corner of Mississippi Street and East River Road. She stated the proposal is to rezone from R--1 to C-1 in order to remove the existing Spur Station and reconstruct a new building. She stated the house and garage on the parcel would be removed to allow the new construction. Ms. Dacy stated the Planning Gommission has recommended approval of the rezoning subject to two stipulations: (1) approv�il of the special use permit and variance requests; and (2) the parc�els shall be combined into one tax parcel. MOTION by Councilman Fitzpatrick to waive the reading and approve the ordinance upon first reading, with the following stip�zlations: (i) sub7'ect to approval of the special use permit and variance requests; and (2) the parcels shall be combined into one tax parcel. Seconded by Councilwoman Jorgenson. Upon a vo:ice vote, all voting aye, Mayor Nee declared the motion carried una:nimously. FRIDLEY CITY COIINCIL MEETINa OF �PRIL 23, 1990 PAGE_12 5. VARIANCE RE4UEST VAR �90-02 TO REDUCE THE R�4UIRED SIDE YARD �ETBACK ON THE STREET SIDE OF A CORNER LOT FROM 35 FEET TO 30 �'EET; TO REDUCE THE RE4UIRED PARKING AND HARD SURFACE SETBACK FROM HE STREET RIGHT-OF-WAY FROM 20 FEET TO 9_ FEET AND 10 FEET GENERALLY LOCATED AT 6443 AND 6485 EAST RIVER ROAD N.E.. 1SPUR STATION) BY MURPHY OIL COMPANY: Ms. Dacy, Planning Coordinator, stated the petitioner has met the criteria for a hardship and the Appeals Commission has recommended approval of these variance requests. MOTION by Councilman Fitzpatrick to qrant the variances requested under VAR #90-02. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. "PECIAL USE PERMIT. SP #90-01 TO ALLOW A MOTOR VEHICLE FUEL ,,�.:� OIL DISPENSING SERVICE AS AN ACCESSORY USE TO A CONVENIENCE STORE GENERALLY LOCATED AT 6443 AND 6485 EAST RIVER ROAD N E. L,SPUR STATION) BY MURPHY OIL COMPANY: MOTION by Councilman Fitzpatrick to grant Special Use Permit, SP #90-01 with the following stipulations: (1) Reconstruct the existing sidewalk to a minimum width of five feet from the south property lines around the site to the northeast corner, (2) Drainage calculations shall be submitted to the Engineering Department prior to issuance of a building permit, (3) The driveway issue shall be resolved with Anoka County prior to issuance of a building permit, and (4) Approval of the various request. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF APRIL 11, 1990• A. SPECIAL USE PERMIT, SP #90-04 TO ALLOW GARDEN CENTERS OR NURSERIE5 WHICH REQUIRE OUTSIDE DISPLAY OR STORAGE OF MERCHANDISE ON LOT 1, BLOCK 1, HOLIDAY NORTH 1ST ADDITION GENERALLY LOCATED AT 250 57TH AVENUE N.E. ,�HOLIDAY PLUS STORE) BY HOLIDAY COMPANIES: Ms. Dacy, Planning Coordinator, stated this is a request by Holiday Plus to relocate the garden storage area from the northeast corner to the southeast corner of their building. She stated access would only be from the inside of the store. Ms. Dacy stated the Planning Coaimission recommended approval of the request subject to seven stipulations. She stated in regard to Stipulation No. 4 for the development of a long-range site improvement plan for the rear of the building, a letter was received from the petitioner objecting to this stipulation. She stated Mr. Dave Hoeschen from Holiday Companies is here this evening to address this issue. �RIDL$Y CITY COONCIL �IE$TINa OF APRIL 23, 1990 PAGE 13 Mr. Hoeschen stated the relocation of their garden center fits in better with the other renovations in the store. He stated when they applied in 1988 for the special use permit, there were stipulations recommended and, even though they withdrew their request, they have complied with the recommendations. He stated they are in agreement with all the stipulations, except No. 4. Mr. Hoeschen stated the reason for their concern is that they have to develop a site improvement plan for the rear of the building by June, 1991 and implement the plan by August, 1993. � Mr. Hoeschen stated while they don't have a problem in trying to renovate what they see as a problem, they do not want to commit to a timetable without knowing what the City staff would require. He stated they would qive the City a verbal commitment to work with staff. He stated if the Council cannot remove this stipulation, it.may be best that they withdraw their request and leave the garden center where it is now located. Ms. Dacy stated the reason for this stipulation was the strong feeling about the aesthetics from I-694 and University Avenue and staff wanted to raise the issue to be discussed by the Council. Mayor Nee asked what type of improvements staff had in mind. Ms. Dacy stated she was referring to landscaping. Councilman Fitzpatrick asked what stipulations were recommended by the Planning Commission and what ones were recommended by staff. Ms. Dacy stated the first six stipulations were recommendations by staff and the seventh stipulation was from the Planning Commission. MOTION by Councilman Fitzpatrick to grant Special Use Permit, SP #90-04, with the following stipulations: (1) The existing garden center fence shall be removed and the sidewalk/pavement area shall be repaired; (2) The shrub beds along 57th Avenue shall be cleaned and mulched with rock and an appropriate weed barrier by November 1, 1990; (3) The dumpsters shall be screened by January 1, 1991, if the trash compactor has not been installed; (4) The petitioner shall work with City staff to develop a long-range site improvement plan for the rear of the building by June, 1991. Implementation of this plan to be completed by August, 1993; (5) The garden center shall be enclosed with a cyclone fence and vinyl slats; (6) Vinyl slats matching those of the garden center shall be installed in the cyclone fence surrounding the propane tank located on the west property line; and (7) Exterior storage of materials other than those used for the garden center shall not occur within the fenced area. Seconded by Councilwoman Jorgenson. Councilman Billings stated the petitioner has some problem with Stipulation No. 4 and it is a little ambiguous if staff is really talking about landscaping. He felt the language was a little FRIDL$Y CITY COIINCIL MEETING OF APRIL 23�_1990 PAGE 14 broader than just landscapinq and understands it would give the petitioner cause for concern and that they may be inclined to withdraw the request. He felt perhaps the special use permit could be granted for a certain time period and then reviewed to determine if staff and petitioner have worked out anything in terms of the landscaping and, if not, the special use permit could be cancelled. He stated he wanted to make sure they are looking at all options. Councilwoman Jorgenson stated that the stipulation regarding a landscaping plan would be included for any companies applying for a special use permit. Mayor Nee asked the petitioner if it would make a difference if the words site plan were changed to landscaping plan. Mr. Iioeschen he would like to rest on what they have done in the last several years with improvements to the building. He stated he is not in a position to say if they would agree to a site plan or landscaping plan without knowing what it entails. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. B. SETTING PUBLIC HEARING FOR REZONING REOUEST ZOA #90-03, T�? REZONE LAT 1 BLOCK 1 LAMPERT'S ADDITION FROM M-l. LIGHT INDUSTRIAL TO C-2, GENERAL BUSINESS, GENERALLY CATED AT 7680 HIGHWAY 65 N.E. AMOCO OIL SERVICE STATION) BY BOB'S AMOCO: This item was deleted from the agenda. MOTION by Councilwoman Jorgenson to receive the minutes of the Planning Commission meeting of April il, 1990. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. RECEIV ITEMS FROM THE MINUTES OF THE APPEALS COMMISSION MEETZN OF APRIL 10. 1990: A. VARIANCE VAR #90-05, TO REDUCE THE DRIVEWAY CURB OPENING TO THE NEAREST PORTION OF A RIGHT-OF-WAY FROM 75 FEET TO 42 FEET: TO REDUCE THE NUMBER OF ARKING SPACES FROM 39 O 29 SPACES• TO REDUCE T E PARKING SETBACK FROM 20 FEET TO 10 FEET AND 19 FEET; TO REDUCE THE DRIVEWAY AISLE WIDTH FROM 25 FEET TO 20 FEET, ALL TO ALLOW DRIVEWAY INGRESS/EGRESS RE- LOCATION AND EXPANSION OF DRIVE-UP FROM TWO LANES Tn FOUR LANES GENERALLY LOCATED AT 5205 CENTRAL AVENUE N.E. BY TCF BANK SAVINGS: Ms. Dacy, Planning Coordinator, stated the petitioner has been working with the owners of Skywood Mall to develop a traffic FRIDL$Y CITY COONCIL KEETINa OF �PRIL 23. 1990 PAGE 15 pattern to serve the expansion of drive-up teller lanes at Twin City Federal. She stated the petitioner has submitted this variance, basically, to preserve his options. She stated there are a several variances included in this request. Ms. Dacy stated at the Appeals Commission meetinq, they considered an alternate option recommended by staff. She stated the recommendation was to close the west driveway and to widen the east driveway to 32 feet. She stated another option that was identified was�widening the driveway between the green space around the building, but that would leave only five feet from the south end of the building. She stated the petitioner was concerned about this option as it creates a conflict with cars coming from the drive-up aisle and those tryinq to enter and park. Ms. Dacy stated the Appeals Commission recommended denial of the variance request to reduce the driveway curb opening to the nearest portion of a right-of-way from 75 feet to 42 feet, but recommended approval of the other three variances. Ms . Dacy stated a meeting was held with the parties involved in Skywood Mall and Twin City Federal regarding this proposal to determine if they could move to the original plan approved in 1988. She stated what is proposed is that TCF could sti1Z build their separate drive-through aisle, but there would be only one lane into -- the Skywood property and one lane out of the property. She stated the width of this driveway would be approximately 30 feet and appropriate radii at the intersection of 52nd Avenue would have to be constructed to ensure a better turning movement into the property. She stated it is hoped this option will be acceptable to the Skywood wall partnership. Mr. Galush, representing Twin City Federal, stated it isn't that they do not want to go along with the City staff's recommendation, but due to the complexity of the situation and so many persons involved, nothing seemed to work. He stated he has thought of another option which would provide for two entrances and the only exit would be the driveway that goes into the mall. Mr. Galush stated all traffic from 52nd Avenue would be entrance only, with no exit. He stated with no parking at this end of the building, there is room to stack about 40 cars. He stated this is an alternate to what was mentioned earlier. Mr. Galush stated their business has increased and they are trying to find ways to alleviate the traffic congestion. He stated he is suggesting this plan as another alternative and is not saying the other plan would not work. He stated he knows staff and the Council are doing everything to resolve the issue and would do what the City wants, but would like the matter resolved this year. FRIDLBY CITY COIINCIL MEETING OF APRIL 23, 1990 PAGE _16 Councilman Billinqs stated he has not seen this proposal before so he did not know how many variances would be necessary to implement such a plan. Ms. Dacy stated the variances would still be needed for the parking spaces and for the setback encroachments. Councilman Billinqs asked if this entire plan is within Twin City Federal's own property. Mr. Galush replied in the affirmative. Councilman Billinqs stated the petitioner and City staff have been working with Skywood Mall for the last several years to try and come up with a way of ineeting Twin City Federal's needs. He stated TCF needed to do some expansion, but it was difficult to do on their site based on the plan submitted. He stated the owners of Skywood Mall had promised the City they would make some improvements, however, this property is now in receivership. Councilman Billings stated the plan submitted this evening seems to accomplish TCF's needs within their own site. He stated he is not prepared to make a formal decision this evening, but knows Mr. Galush has to report to his Board of Directors this week as to whether the City will go along with some type of expansion plan or they will need to reallocate their budget money. He stated he would like to table this item; however, possibly taking a straw vote of the Council to determine if they are willing to accept one of the three proposals before them for expansion of TCF's site so they can proceed with some of their planning. In polling the Council, all were in agreement that they would be willing to accept one of the proposals for expansion at Twin City Federal's site. Councilwoman Jorgenson stated the plan submitted this evening addresses the issues raised two years ago and she is very pleased with it. MOTION by Councilman Billings to table this item for two weeks and direct staff to meet with Twin City Federal representatives and continue to work with representatives from Skywood Mall. Seconded by Councilwaman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. VARIANCE RE UEST VAR #90-06, TO REDUCE THE FRONT YARD SETBACK FROM 35 FEET TO 22 FEET; TO REDUCE THE SIDE YARD SETBACK FROM 10 FEET TO 3 FEET, TO ALLOW THE REMODELING OF AN EXISTING HOME. GENERALLY LOCATED AT 1400 FIRESIDE DRIVE N.E., BY MORRIS BENSON: Ms. Dacy, Planning Coordinator, stated this property is located at 1400 Fireside Drive and the Appeals Commission recommended denial of the variances based on the site plan. She stated the petitioner FRIDLEY CITY COIINCIL KEETING OF APRZL 23, 1990 PAGE 17 submitted a revised plan which would eliminate the need for the front yard variance and require only the side yard variance from the required 10 feet to 5 feet. Ms. Dacy stated the petitioner wishes to create an enclosure over the front of the dwelling which is three feet wide. She stated the Zoning Code permits an encroachment of vestibules up to five feet in a front yard. She stated, therefore, the only variance to be approved would be the existing encroachment of the side yard from the�required 10 feet to 5 feet. MOTION by Councilman Schneider to request, VAR #90-06, to reduce the to 5 feet, and deny the variance t from 35 feet to 22 feet. Seconded ] a voice vote, all voting aye, Mayor unanimously. grant that portion of variance side yard setback from 10 feet � reduce the front yard setback �y Councilman Fitzpatrick. Upon Nee declared the motion carried 9. �+,PPROVAL OF CONTRACT WITH BRUCE A LIESCH ASSOCIATES, INC. TO L.�cATE AND DESIGN WELL NO 14. PROJECT NO. 205: Mr. Flora, Public Works Director, stated this contract is for the hydrogeologic consulting services and establishing a production well at the Locke Park water plant location. He stated the costs to locate and design Well No. 14 are $19,515.00. He stated it is recommended that Council approve this contract in order to initiate the DNR approval process and the hydrogeologic and seismic investigation for the production well. Councilman Schneider asked about the $30,000.00 referred to in Mr. Flora's memo. Mr. Flora stated when the Capital Improvement Plan was first prepared, only projects were identified, but at the March discussion meetings, it was suggested that the consulting work be included which was added. He stated there is not a printout that identifies all the costs for improvements, but work is being done on a five year Capital Improvement Program and the Council should be receiving a list shortly of the revised projects. Councilman Schneider stated as he understands, there is $30,000 in the revised Capital Improvement Plan, but did not know if this is included in the $300,000.00. He stated he specifically requested that sheet. � MOTION by Councilman Schneider to table this item. MOTION FAILED FOR LACK OF A SECOND. Councilman Schneider stated he is trying to identify this $30,000.00 for Liesch Associates and dbes not know what it is part of . �RIDLEY CITY COIINCIL MEETING OF APRIL 23. �990 �AGE 18 Mr. Burns, City Manager, stated costs for the engineering arose after the construction costs were discussed. He stated he anticipated the cost was included in the design. Councilman Schneider stated there is a revised Capital Improvement Plan and he would like to see it. Councilman Schneider stated the City has had a water system that has supplied the City for years. Now it sounds like if the City does not have enormous dollars, that the system will fall apart. He stated he is really uncomfortable with it and wants to know where the numbers are coming from and why they keep changing. Mr. Flora stated staff has been working on the Capital Improvement Program and has been shifting projects around because of changes in policies, so there are some chanqes. He stated staff has been tzying to incorporate those figures, but it changes almost on a monthly basis. Councilman Schneider stated his concern is that each time the numbers rise, thoughts should be for eliminating items rather than thinking about raising the water rates. Mr. Burns stated when the Capital Improvement Plan is submitted in May, staff would do their best to provide a plan that meets the City's needs. He stated he has some of the same frustrations as Councilman Schneider with surprise expenditures, but some that come along are very difficult to eliminate. MOTION by Councilwoman Jorgenson to approve the contract with Bruce A. Liesch Associates, Inc. for location and design of Well No. 14, Project No. 205, for $19,515.00. Seconded by Councilman Fitzpatrick. Upon a voice vote, Councilwoman Jorgenson, Councilman Fitzpatrick, Councilman Billings, and Mayor Nee voted in favor of the motion. Councilman Schneider voted against the motion. Mayor Nee declared the motion carried by a 4 to 1 vote. 10. APPROVAL OF CONTRACT WITH BRUCE A LIESCH ASSOCIATES. INC. TO DESIGN AND ADMINISTER MONITORING WELLS AT COMMONS PARK, PROJECT NO. 208: Mr. Flora, Public Works Director, stated the contract provides for Bruce A. Liesch Associates, Inc. to prepare specifications, administer the construction, and prepare documentation for three monitoring wells at Commons Park in the shallow glacial drift. He also stated that the construction at the well will be bid separately after the plans have been developed. MOTION by Councilman Schneider to approve the contract with Bruce A. Liesch Associates, Inc. to design and administer monitoring wells at Commons Park, Project No. 208, in the amount of $9,412.00. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously.l �RIDLEY CITY COIINCIL MEETING OF APRIL 23. 1990 PAGE� 11. APPROVAL OF AGREEMENT WITH CHAPEL CONSULTING. INC,: Mr. Pribyl, Finance Director, stated this letter of understanding outlines the scope of study and nature of the services which Chapel Consulting would provide to update the City's computer plan. He stated Chapel Consulting completed the original study for the City. He stated when the plan was first prepared, it was the intention to update it to determine the efficiency and effectiveness of the system. Mr. Pribyl requested the Council consider entering into thi$ agreement for an amount not to exceed $14,745.00. MOTION by Councilman Schneider to authorize the City's entering into this agreement with Chapel Consulting, Inc. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. CHANGE ORDER NO 1 FOR REPAIR AND MAINTENANCE OF WELL NO. 5. �ROJECT NO. 198• Mr. Flora, Public Works Director, stated after careful examination of the pump parts and column pipe pulled out of this well, it was discovered that all 380 feet of pipe had to be replaced. However, the sgecifications identified only 40 feet needed replacement. He stated the additional cost for replacement is $5,100.000 plus $569.00 for a check valve. However, the costs of sandblasting and coating of the existing pipe was subtracted in the amount of $1,008.00 and no bailing was necessary for an additional savings of $2,400.00. He stated the net difference is an additional $2,261.00 to complete the well repairs. MOTION by Councilman Billings to authorize Change Order No. 1 with Mark Traut Wells for the repair and maintenance of Well No. 5, Project No. 198, in the amount of $2,261.00. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13. RECEIVE BIDS AND AWARD CONTRACT FOR STREET IMPROVEMENT PROJECT NO. ST. 1990 - 10 (SEALCOAT): MOTION by Councilwoman Jorgenson to receive the following bids for Street Improvement Project No. ST. 1990 - 10 (Sealcoat): Astech Corporation P. O. Box 1025 St. Cloud, MN 56302 $107,170.04 Bituminous Roadways 2825 Cedar Avenue South Minneapolis, MN 55407 $114,441.62 $RIDLBY CITY COIINCIL MEETING OF APRIL 23. 1990 PAG$ 20 Allied Blacktop 10503 89th Avenue North Maple Grove, MN 55369 $119,391.16 Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Flora, Public Works Director, stated three bids were received and the low bidder was Astech Corporation and it is recommended they be awarded the contract. Mr. Flora stated $100,000.00 was allocated in the 1990 budget for sealcoating. However, since not all of the 1990 projects will be initiated, it would be appropriate to amend the street program to increase the sealcoat budget amount to $108,000 or reduce the contract quantities. He stated prices were lower this year than last year. MOTION by Councilman Fitzpatrick to award the contract for Street Improvement Project No. ST. 1900 - 10 (Sealcoat) to the low bidder, Astech Corporation for $107,170.04. Seconded by Councilwoman Jorgenson. Councilman Billings asked how much additional money was added to this project that was not originally planned in 1990. Mr. Flora stated the sealcoating was focused in the northwest portion of the City. However, it was found there were some streets that had not been sealcoated in the last seven years so the amounts of sealcoating necessary to cover them were added in hopes that the bid would be under $100,000.00. He stated the bid was $107,170.04 so a change could be made in the sealcoat budget or the additional quantities could be eliminated. Councilman Billings stated he did not have a problem with moving funds, but wants to maintain the integrity of the budgeting system. He stated with losing aid to local governments, the City has to be cognizant of where they are spending monies. Councilman Schneider stated there are some problems with loose rocks from last year's sealcoating. Mr. Flora stated it appears there was some problem with the asphalt material and several other cities also experienced the same problem. He stated the City still has the performance bond so that whatever corrective action is necessary can be taken. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COIINCIL MEETING OF APRIL 23. 1990 PAGE 21 14. �CEIVE BIDS AND AWARD CONTRACT FOR STREET IMPROVEMENT PROJECT �10. ST 1990 - 1 lOVERLAYI: MOTION by Councilwoman Jorgenson to receive the following bids for Street Improvement Project No. ST. 19909 - 1(Overlay): Va11ey Paving, Inc. 8800 - 13th Avenue East Shakopee, 1rIId 55379 W.B. Miller, Inc. 16765 Nutria Street Ramsey, MN 55303 Bituminous Roadways, Inc. 2825 Cedar Avenue So. Minneapolis, MN 55407 GMH Asphalt Corp. 17018 Saddlewood Trail Minnetonka, MN 55343 DMJ Corporation 2392 Pioneer Trail Hamel, MN 55340 Northwest Asphalt, Inc. 1451 County Road 89 Shakopee, MN 55379 Midwest Asphalt Corp. P. O. Box 5477 Hopkins, MN 55343 Alber Construction, Inc. 9636 - 85th Avenue North Osseo, MN 55369 Alexander Const. Co. 9050 Jefferson Trail Inver Grove Hgts. , I�1 55075 Hardrives, Inc. 7200 Hemlock Lane North Maple Grove, l�i 55369 Munn Blacktop, Inc. 10883 - 89th Avenue North Maple Grove, NIId 55369 $40,773.75 $41,429.50 $41,890.00 $41,963.50 $43,094.00 $43,137.50 $43,367.40 $43,774.00 $45,817.50 $46,053.50 $46,073.90 FRIDLBY CITY COIINCIL MEETING OF APRIL 23. 1990 PAGE 22 Bituminous Const. & Contr. , 2456 Main Street Minneapolis, l�i 55434 $48,087.50 Barber Construction Co. P. O. Box 5324 Hopkins, MN 55343 $48,354.00 Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye; Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Jorgenson to award the contract to the low bidder, Valley Paving, Inc., in the amount of $40,773.75 for Street Improvement Project No. ST. 1990 - 1(Overlay). Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. RESOLUTION NO 8-�990 AUTHORIZING CHANGES IN APPROPRIATIONS FOR THE CAPITAL IMPROVEMENT FUND: MOTION by Councilman Fitzpatrick to adopt Resolution No. 28-1990. Seconded by Councilwoman Jorgenson. Upon a voice vote, Councilman Fitzpatrick, Councilwoman Jorgenson, Councilman Billings and Mayor Nee voted in favor of the motion. Councilman Schneider voted against the motion. Mayor Nee declared the motion carried by a 4 to 1 vote. 16. �ESOLUT�ON NO 29-1990 TO RECONDITION 3 MG GONCRETE GROUND RESERVOIR: MOTION by Councilman Schneider to adopt Resolution No. 29-1990. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � APPROVAL OF CONTRACT WITH AEC FOR DESIGN AND INSPECTION OF THE REPAIR WORK• MOTION by Councilman Schneider to authorize the City to enter into a contract with AEC for the design and inspection of the repair work of the 3 MG ground storage tank. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 17. CLAIMS• MOTION by Councilman Billings to authorize payment of Claims No. 31570 through 31776. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLBY ITY COIINCIL 1dEETING OF APRIL 23, 1990 PAGE 23 18. LICENSES: MOTION by Councilman Schneider to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Billings. MOTION by Councilman Schneider to amend the above motion by deleting the on-sale beer license for Wong's Restaurant. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 19. ESTIMATES• MOTION by Councilman Fitzpatrick to approve the estimates as submitted: Gammon Brothers, Inc. 13845 Northdale Boulevard Rogers, MN 55374 Street Improvement Project No. ST. 1989 - 1& 2 Estimate No. 12 . . . . . . . . . . . . . . . $12, 825. 00 AEC Engineers & Designers 511 - llth Avenue South Minneapolis, MN 55415 1.5 MG Concrete Reservoir Repair Project No. 193 (Inspection Services) 1. Period from 10/29/89 to 11/25/89 . . . . . . . $1,559.00 2. Period from 1/O1/90 to 1/27/90. . . . . . . 260.00 3. Period from 2/25/90 to 3/31/90 . . . . . . . 237.50 TOTAL. . . . . . . . . . . . . . . . . . . . $2, 056. 50 Modern Heating and Air Conditioning, Inc. 2318 First Street N.E. Minneapolis, MN 55418 Firearms Range Pay Application No. 3. . . . . . . . . . . . $9,225.00 FRIDLEY CITY COIINCIL M�ETING OF APRIL 23. 1990 PAGE 24 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 20. AUTHORIZATION FOR CITY ATTORNEY TO REPRESENT THE CITY BEFORE THE RICE CREEK WATERSHED DISTRICT REGARDING LACKE LAKE PROBLEMS• Mayor Nee asked if it was Council's desire to underwrite an attorney to represent the City before the Rice Creek Watershed District. Councilman Schneider asked Mr. Herrick about the costs for him to represent the City before the Rice Creek Watershed District regarding the problems at Locke Lake. Mr. Herrick, City Attorney, stated assuming there was no litigation, the cost would probably be about $2,000 at the most. He stated somewhere along the line the homeowners may wish to obtain their own attorney. MOTION by Councilman Fitzpatrick to authorize the City Attorney to represent the City before the Rice Creek Watershed District regarding the Locke Lake problems. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT• MOTION by Councilman Schneider to adjourn the meeting. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of April 23, 1990 adjourned at 11:14 p.m. Respectfully submitted, Carole Haddad William J. Nee Secretary to the City Council Mayor Approved: � . _ CITYOF FR[DLEY CiVIC CENTER • fr�31 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA Si432 • PHONE (61') i71-:�ip April 16, 1990 Park L. Wong 11615 - 41st Ave.No. Plymouth, Mn. 55441 Dear Mr. Wong, This is to inform you that the Public Hearing for your On Sale Beer License is scheduled to be considered by the Fridley City Council on April 23, 1990 at 7:30 P.M. at the P1unicipal Center, 6431 University Ave. N.E. It would be to your interest, if you would attend. If there should be a comment, you may wish to respond. Sincerely, �--� �� � �_ Ellen Duncan License Clerk ll � CITY OF FRIDLEY PUBLIC HEARING BEFORE THE CITY COUNCIl. TO WHOM IT MAY CONCERN: Notice is hereby given that the Council of the City of Fridley will hold a public hearing at the City Municipal Center, 6431 University Avenue North east on May 7, 1990 at 7:30 p.m. on the question of issuing a On Sa1e Beer license to Wong's Gourmet Restaurant for the property located at 1254 E. Moore Lake Drive Northeast. Anyone having an interest in this matter should make their interest known at this public hearing. SHIRLEY A. HAAPALA CITY CLERK Publish: April 18, 1990 April 25, 1990 COMMISSION VACANCIES AND TERMS THAT WILL F%PIRE IN 1990 FOR CITY COIINCIL CONSIDERATION CIIRRENT MEMBER Planninq Commission At Large - Vacant Bnvironmental Ouality and Eneray Commission Vacant (Wayne Wellan resigned.) Human Resources Commission Paul Westby 666 Kimball Street (H) 780-4326 (B) 571-1345 TSRM E%PIRES 4-1-93 4-1-90 4-1-90 APPOINTEE 2 MEMORANDUM 3 - Cltr ot i�lA1•y ` i<= 1 11a1��r�it� A����� N.E. Frldi�y. tlinn��ot• id4�Z ►�oA. ce�:)s>>-asso � 1 I' MEMO TO: WILLIAM W. BIIRNS ���+ FROM: WILLIAM C. HDNT ��/+► � BIIBJECT: DATE: WiNiam C. Munt Assistant to the City Mana�er LABOR AGREEMENT WITB INTERNATIONAL IINION OF OPERATING ENGINEERS LOCAL NO. 49 FOR 1990 APRIL 30, 1990 On Friday, April 27 the Public Works Maintenance employees voted to approve an agreement regarding wages and working conditions. The new agreement establishes a single classification of Public Services Worker to replace the previous Maintenance I, Maintenance II, Specialist, and Maintenance III classifications. It also establishes a mechanics classification. The contract also establishes a career path based on years of service and achievement of minimum requirements. Basically, in order to reach the top future PubZic Services Workers and Mechanics will need to have the equivalent of one year of technical college course work plus the highest appropriate certification in their respective fields. The new labor agreement eliminates the practice of additional pay for working out of classification. Each employee will only have one rate of pay at a time. The new agreement increases the probationary period from six months to one year. The new agreement provides for a maximum contribution by the City to health and life insurance of $225.00 per month, the same as for other Fridley city employees in 1990. For the last several years the public works maintenance employees have received a smaller increase on their base in addition to lump sum payments. Because of this the new contract is estimated to cost the city no more than 3.25 percent over the cost for last year, even though every employee receives at least a 4 percent increase on the base. I believe that this contract represents a major step in the right direction. I request that you present it to the City Council for approval at their meeting on May 7, 1990. WCH/jb 3A RESOLIITION NO. - 1990 RESOLUTION AUTHORIZING SIGNINQ AN AGRE$MENT FOR CERTAIN EMPLOYEES REPRESENTED BY INTERNATIONAL IINION OF OPERATING ENGINEERS� I,OCAL NO. 49� AFL-CIO (PUBLIC WORRS MAINTENANCE) FOR 1990 WHEREAS, the International Union of Operating Engineers, Local No. 49, AFL-CIO, as bargaining representative for certain Public Works Maintenance employees of the City of Fridley, has presented to the City of Fridley various requests relating to the wages and working conditions of employees of the Public Works Department of the City of Fridley; and WHEREAS, the City of Fridley I representatives of Local 49 various working conditions of employees of City of Fridley; and as presented to the designated requests relating to the wages and the Public Works Department of the WHEREAS, representatives of the Union and the City have met and negotiated regarding the requests of the Union and the City; and WHEREAS, agreement has now been reached between representatives of the two parties on the proposed changes to the existing agreement between the City and the Union; NOW, THEREFORE, BE IT RESOLVED by the City of Fridley that such agreement is hereby ratified and that the Mayor and City Manager are hereby authorized to sign the attached Labar Agreement including Appendix A, Appendix B, and Appendix C relating to wages and working conditions of employees of the City of Fridley Public Works Department. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS TH DAY OF , 1990 WILLIAM J. NEE - MAYOR SHIRLEY A. HAPPALA - CITY CLERIi � 03/21/90 IABOR 1�iGREEMENT BETWEEN THE CITY OF FRIDLEY AND THE INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL NO. 49 AFL-CIO ARTICLE 1. PURPOSE OF AGREEMENT This AGREEMENT is entered into between the CITY OF FRIDLEY, hereinafter called the EMPIAYER, and the Local No. 49, International Union of Operating Engineers, AFL-CIO, hereinafter called the UNION. It is the intent and purpose of the AGREEMENT to: 1.1 Establish certain hours, wages and other canditions of employment; 1.2 Establish procedures for the resolution of disputes concerning this AGREEMENT'S interpretation and/or application; and 1.3 Specify the full and complete understanding of the parties; and 1.4 Place in written form the parties' agreement upon terms and conditions of employment for the duration of this AGREEMENT. The EMPLOYER and the UNION, through the AGREEMENT, continue their dedication to the highest quality of public service. Both parties recoqniZe this AGREEMENT as a pledge of this dedication. ARTICLE II. RECOGNITION The EMPLOYER recognizes the UNION as the exclusive representative in a unit as certified by the Minnesota Bureau of Mediation Services. ARTICLE III. UNION SECURITY In recognition of the UNION as the exclusive representative, the EMPLOYER shall: 3.1 Deduct each payroll period an amount sufficient to provide the payment of dues established by the UNION from the wages of all employees authorizing in �riting such deduction, and 3.2 Remit such deduction to the appropriate designated officer of the UNION. 3.3 The UNION may designate certain employees from the bargaining unit to act as stewards and shall inform the EMPLOYER in writing of such choice. 3.4 The UNION agrees to indemnify and hold the EMPLAYER harmless 3C against any and all claims, suits, orders, or judqments brought or issu�d against the CZTY under the provisions of this Article. ARTICLE IV. EMPLOYER SECURITY The UNION agrees that during the life of this AGREEMENT it will not cause, encouraqe, participate in or support any strike, 61ow-down or other interruptrion of or interference with the normal functions of the EMPIAYER . ARTZCLE V. EMPLOYER AUTHORITY 5.1 The EMP,`LOYER retains the full and unrestricted riqht to operate 'and man�ge all manpower, facilities, and equipment; to establish `functio�s and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct, and determine the number of personnel; to establish work schedules and to perform any inherent managerial function not specifically limited by this AGREEMENT. 5.2 Any terta and condition of employment not specifically established or modified by this AGREEMENT shall remain solely within the discretion of the EMPLOYER to modify, establish, or eliminate. ARTICLE VI. EMPLOYEE RIGHTS -- GRIEVANCE PROCEDURE 6.1 DEFINI�'ZON OF A GRZEVANCE A grievance is defined as a dispute or disagreement as to the interpretat�on or application of the specific terms and conditions of this AGREEMENT. 6.2 UNION �tEPRESENTATIVES The EMPLOYER will recognize REPRESENTATIVES designated by the UNION as the grievance representatives of the bargaining unit having the duties and responsibilities established by the Article. The UNION shall notify the EMPLOYER in writing of the names of such UNION REPRESENTATIVES and of their successors when so designated. 6.3 �ROCES�ING OF A GRIEVANCE It is recog�ized and accepted by tbe UNION and the EMPLOYER that the processing of grievances as hereinafter provided is limited by job duties and responsibilities of the EMPLOYEES and shall therefore be accomplished during normal working hours only when consistent with such EMPLOYEE duties and responsibilities. The aggrieved EMPLOYEE and the UNION REPRESENTATIVE shall be allowed a reasonable amount of time without los� in pay when a qrievance is investigated and presented to the EMPLOYER during normal working hours provided that the EMPLOYEE and the UNION REPRESENTATZVE have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental tc the work proqrams of the EMPIAYER . 6.4 ROC E Grievances, s defined by Section 6.1, shall be resolved in conference with the fol�owing procedure: Step 1. ; An EMPLOYEEjclaiming a violation concerning the interpretation or application�Cf this AGREEMENT sha12, within twenty-one (21) calendar �ays after s ch alleged violation has occurred, present Buch grievance to the EMP YEE'S supervisor as desiqnated by the EMPLOYER. The EMPIAYER-de iqnated representative will discuss and qive an answer to such Step l;grievance within ten (10) calendar days after receipt. A grievancefnot resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it`is based, the provision of provisions of the AGREEMENT alleged2y v olated, and the remedy requested and shall be appealed to Step 2 with n ten (10) ca2endar days after the EMPLOYER-designated representat ve's final answer in Step 2. Any grievance not appealed in writing Eto Step 2 by the UNION within ten (10) days shall be considered �aived. Step 2. If appealed� the written grievance shall be presented by the UNION and discussed w�ith the EMPLOYER-designated Step 2 representative. The EMPLOYER-de�ignated representative shall give the UNION the EMPLOYER'S Step 2 answler in writing within ten (10) calendar days after receipt of such Ste 2 grievance. A grievance not resolved in Step 2 may be appealed t� Step 3 within ten (10) calendar days following the EMPLOYER-de�siqnated representative's final Step 2 answer. Any grievance r#ot appealed in writing to Step 3 by the UNION within ten (10) calenc�ar days shall be considered waived. Step 3. If appealec�, the written qrievance shall be presented by the UNION and discussed �ith the EMPLOYER-designated Step 3 representative. The EMPLAYER-d�signated representative shall give the UNION the EMPLOYER'S answer in �riting within ten (10) calendar days after receipt of such Step 3 gri�vance. A qrievance not resolved in Step 3 may be appealed to Step 4j within ten (10) calendar days following the EMPLOYER- designated representative's final answer in Step 3. Any qrievance not appealed i� writing to Step 4 by the UNION �ithin ten (10) calendar days shall;be considered waived. �tep 4. ' A qrievan�e unresolved in�Step 3 and appealed in Step 4 shall be submitted o the Minnesota Bureau of Mediation Services. A grievance not resol�ed in Step 4 may be appealed to Step 5 within ten (10) calendar c�ays following the EMPLOYER'S final answer in Step 4. Any grievance'�nct appealed in writinq to Step 5 by the UNION within ten (10) caler�dar days shall be considered waived. � �L�J Step 5. A qrievance �nresolved in Step 4 and appealed in Step 5 shall be submitted to;�arbitration subject to the provisions of the Public Employment or Relations Act of 1971, as amended. If the parties cannot agree�iipon an arbitrator the selection of an arbitrator shall be made in a�cordance with the NRules Governing the Arbitration of Grievnnces" aIs established by the Public E�nployment Relations Board. 6.5 aRBITRA�OR'S AUTHORITY A. The arb . ignore, specif i UNION, other i trator shall have no riqht to amend, modify, nullify, idd to, or subtract from the terms and conditions of this T. The arbitrator shall consider and decide only the issue(s) submitted in writing by the EMPLOYER and the nd shall have no authority to make a decision on any sue(s) not so submitted. 3E B. The arb�trator shall be without power to make decisions contrary to or i consistent with, or modifying or varying in any way the � applica�ion of laws, rules, or requlations having the force and effect �f law. The arbitrator's decision shall be submitted in writingj within thirty (30) days following the close of the hearing�or the submission of briefs by the parties, whichever be later, nless the parties agree to an extension. The decision shall b� binding on both the EMPLOYER and the UNION and shall be based lely on the arbitrator's interpretation or application of the �express terms of this AGREEMENT and to the facts of the grievarr��CCe presented. c. The feles and expenses fcr the arbitrator's proceec�ings shall be borne equally by the EMPLOYER provid�d that each party shall be responsible for its ow representatives and witnesses. If either a verbajtim record of the proceedings, it may cause to be �ade, providing it pays for the record. If desire�a verbatim record of the proceedings, the shared�equally. 6.6 WA R services and and the UNION compensating party desires such a record both parties cost shall be If a qrievi ce is not presented within limits set forth above, it shall be co�isidered pwaived". If a grievance is not appealed to the next step �lithin the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the EMPLOYER'S last answerF If the EMPLOYER does not answer a qrievance or an appeal thereof wit�in the specified time limits, the UNION may elect to treat the qrievar�ce as denied at that step and immediately appeal the qrievance t�o the next step. The time limit in each step may be extended by! mutual agreement of the EMPLOYER and the UNION. 6.7 CHOIC� OF REMEDY If, as a r�esult of the EMPIAYER response in Step 4, the grievance remains un$�esolved, and if the grievance involves the suspension, demotion, c�r discharge of an employee who has completed the required probationa�y period, the qrievance may be appealed to Step 5 of Article VI r a procedure such as: Civil Service, Veteran's 3F Preference, r Fair Eynployment. If appealed to any procedure other than Step 5 of Article VI, the qrievance is not subject to the arbitration rocedure as provided in Step 5 or Article VI. The aggrieved em loyee shall indicate in writing which procedure is to be utilized (St p 5 or Article VI or another appeal procedure) and shall sign a state ent to the effect that the choice of any other hearing precludes th aggrieved employee from making a subsequent appeal throuqh Step 5 of Article VI. ARTICLE VZI. 7.1 ON The Internat CIO. 7.2 NITIONS 1 Union of Operating Engineers, Local No. 49, AFL- The City of �'rid2ey. 7.3 A member of AFL-CIO. 7.4 A member of 3.5 International Union of Operating Engineers, Local 49, exclusively recognized bargaining unit. The Employee s hourly pay rate exclusive of longevity or any other special allo ance. 7.6 Length of cc ARTICLE II classificati classificati calculated i purposes of service with 7.7 inuous service in any job classifications covered by RECOGNITION. Employees who are promoted from job covered by this AGREEMENT and return to a job covered by the AGREEMENT shall have their seniority their length of service under this AGREEMENT for �omotion, transfer _and lay off and total length of ze EMPIAYER for other benefit under this AGREEMENT. Payment made �o an employee upon honorable termination of employment. 7.8 Work perform at the express authorization of the EMPLOYER in excess of either e' ht (8) hours �ithin a twenty-four (24) hour period (except for hift changes) or more than forty (40) hours within a seven (7j da period. 7.9 3G Return of an employee to a specified work site to perform assigned duties at th express authorization of the EMPIAYER at a time other than an ass qned shift. �1n extension of or early report to an assiqned shi t is not a call back. 7.10 AN [Transferred from Local �ddendum, ARTICLE A.] Compensation for standing by at the City's request, or beinq available for work on ays that are normally considered to be employee's day off. ARTICLE VIII. The AGREEMENT 9 Minnesota and � this AGREEMENT competent juri� has been taket voided. Al1 0� force and effe request of eit2 ARTICLE IX. 9.1 The sol� work da work we VINGS CLAUSE subject to the laws of the United States, the State of ie signed municipality. In the event any provision of shall be held to be contrary to law by a court of liction from t�hose final judgement or decree no appeal within the time provided, such provisions shall be ier provisions of the AGREEMENT shall continue in full t. The voided provision may be renegotiated at the r party. SCHEDULES authority in work schedules is the EMPLOYER. The normal for an employee shall be eight (8) hours. The normal c shall be forty (40) hours Monday through Friday. 9.2 Service to the public may require the establishment of regular shifts or some employees on a daily, weekly, seasonal, or annual basis o her than the normal 8:00-4:30 day. The EMPLOYER will give se en (7) days advance notice to the employees affected by the est blishment of work days different from the employee's normal ight (8) hour work day. 9.3 9.4 In the circums sleet, advance employe work mo an obli� unusual Service �,rork we event that work is required because of unusual .ances such as (but not limited to) fire, flood, snow, �r breakdown of municipal equipment or facilities, no notice need by qiven. It is not required that an ; working other than the normal workday be scheduled to �e than the eight (8) hours; however, each employee has ation to work overtime or call backs if requested unless circumstances prevent the employee from so working. to the public may require the establishment of regular ks that schedule work on Saturdays and/or Sundays. ARTICLE X. OVE�2TIME PAY 10.1 10.2 Hours w rked in excess of eight (8) hours within a twenty-four (24) ho r period (except for shift changes) or more than forty (40) ho rs within a seven (7) day period will be compensated for at one d one-half (1 1/2) times the employee'6 reqular base pay rate. Overtim will be distributed as equally as practicable. 10.3 10.4 Overtim� refused by employees will for record purposes under3H ARTICLE 10.2 be considered as unpaid overtime worked. For the purpose of computing overtime compensation, overtime hours w rked shall not be pyramided, compounded, or paid twice for the same hours worked. ARTZCLE XI. An employee ca normal schedu2� hours' pay at � rate. ARTICLE XII. BACK led in for work i shift �rill be ne and one-half DEFENSE at a time other compensated for a (1 1/2) times the than the employee's minimum of two (2) employee's base pay 12.1 Employe s involved in litigation because of negliqence, iqnorance of law , non-observance of laws,or as a result of employee judqmen al decision may not receive legal defense by the municip lity. 12.2 Any emp violati the sc� perform supervi and cou against •ARTICLE XIII. Nothing in thi EMPIAYER from : AGREEMENT. ARTICLE XIV. 14.1 The oyee who is charqed with a traffic violation, ordinance n or criminal offense arising from acts performed within �e of the employee's employment, when such act is d in good faith and under direct order of the employee's or, shall be reimbursed for reasonable attorney's fees t costs actually incurred by such employee in defending such charge. GHT OF SUBCONTRACT AGREEMENT shall prohibit or restrict the right of the >contracting work perfonaed by employees covered by this SCIPLZNE will discipline employees only for just cause. 14.2 An emp oyee(s) will not be required to participate in an invest' atory interview by the EMPLOYER where the information gained from the interview cauld lead to the discipline of the employ (s) unless the employee(s) is qiven the opportunity to have a hird party present at the interview to act as a witness for th employee(s). ARTICI,� XV. S�NIORITY 15.1 Senior�ty will be the determining criterion for transfers, promotions and lay-offs only when nll job-relevant qualifications factors are equal. 15.2 Seniority will be the determining criterion for recall when the job-relevant qualification factors are equal. Recall rights under this provision wi21 continue for twenty-four (24) months after lay off. Recalled employees shall have ten (10) working days after notification of recall by registered mail at the employee's last known address to report to work or forfeit all 31 recall rights. ARTICLE XVI. PROBATIONARY PERIODS 16.1 Every newly hired or rehired employee will serve a twelve (12) month probationary period. 16.2 Every employee will serve a twelve (12) month probationary period in any job classification in which the employee has not served a probationary period. 16.3 At any time during the probationary period, a newly hired or rehired employee may be terminated at the sole discretion of the 'EMPLOYER. 16.4 At any time during reassigned employee employee's previous EMPLOYER. ARTICLE XVII. SAFETY the probationary period, a promoted or may be demoted or reassigned to the position at the sole discretion of the The EMPLOYER and the UNION agree to jointly promote safe and healthful working conditions, to cooperate in safety matters and to encourage employees to work in a safe manner. ARTICLE XVIII. JOB POSTING 18.1 The EMPLOYER and the UNION agree that permanent job vacancies within the designated bargaining unit shall be filled based on the concept of promotion from within provided that applicants: 18.11 have the necessary qualifications to meet the standards of the job vacancy; and 18.12 have the ability to perform the duties and responsibilities of the job vacancy. 18.2 Employees filling a higher job class based on the provisions �f the ARTICLE shall be subject to the conditions of ARTICLE XVI (PROBATIONARY PERIOD). 18.3 The EMPLOYER has the right of final decision in the selection of employees to fill posted jobs based on qualifications, abilities and experience. 18.4 Job vacancies within the designated bargaining unit will be posted for five (5) working days so that members of the bargaining unit can be considered for such vacancies. ARTICLE XIX. INSURANCE 19.1 The EMPIAYER will contribute up to a maximum of two hundred twenty-five ($225.00) per month per employee for group health and life insurance including dependent coverage for calendar year 1990. 19.2 By mutual agreement employees may use fifteen dollars ($15.00) 3J of the per month per employee of health insurance dollars in 19.1 for dental insurance for all unit employees. 19.3 Employees not choosinq dependent coverage cannot be covered at EMPLOYER expense for any additional insurance than the individual qroup health and qroup life insurance. Additional life insurance can be purchased by employees at the employee's expense to the extent allowed under the EMPLOYER'S qroup policy. 19.4 Individual employees may provide for an increased EMPLOYER contribution for insurances over that amount stipulated by 19.1, 19.2 and 19.3 by lowering their salary from the rates stipulated �in APPENDIX A to provide for an increased EMPLOYER contribution which will fully pay for the employee's health, life and dental insurance including dependent coverage. ARTICLE XX. ANNUAL LEAVE 20.1 Each employee shall be entitled to annual leave away from employment with pay. Annual leave may be used for scheduled or emergency absences from employment. Annual leave pay shall be computed at the regular rate of pay to which such an employee is entitled; provided, however, that the amount of any compensation shall be reduced by any payment received by the employee from workers' compensation insurance, Public Employees Retirement Association disability insurance, or Social Security disability insurance. An employee's accumulation of annual leave will be reduced only by the amount of annual leave for which the employee receives compensation. 20.2 Seniority shall apply on scheduled annual leave up to May lst of each year. After May lst, scheduled annual leave shall be on a first come, first served basis. 20.3 A beginning employee shall nccrue annual leave at the rate of eighteen (18) days per year for the first seven (7) years (84 successive months). An employee who has worked seven (7) years (84 successive months) shall accrue annual leave at the rate of twenty-four (24) days per year, beginning with the eighty-fifth (85th) month cf successive employment. An employee who has worked fifteen (15) years (180 successive months) shall accrue annual leave at the rate of twenty-six (26) days per year, beqinning with the one hundred eighty-first (181st) month of consecutive employment. These rates are based on a forty (40) hour regular work week. The actual amount credited to an employee in any given pay period shall be prorated according to the actual number of regular hours worked during that pay period. Hours worked on overtime, callback, or standby shall not enter into the ca2cu2ation of the accrual of annual leave. 20.4 For an employee hired on or after July 1, 1983: The maximum total accumulation of annual leave at the end of any given year shall be thirty (30) days. Once a year, at a time designated by the City, an employee who 3K has completed seven (7) years of service with the City will have the opportunity to exchanqe up to three (3) days of accumulated annual leave for cash. At the same time, an employee who has completed fifteen (15) years of service with the City will have the opportunity to exchange up to 5 days of accumuZated annual leave for cash. 20.5 For an employee hired before July 1, 1983: Vacation accrued but unused as of June 30, 1983 shall be converted to annua2 leave at the rate of one (1) day of annual leave for one (1) day of vacation. Accrued but unused sick leave as of June 30, 1983 shall be converted to annual leave according to the following schedule: a. lst 45 days @ 1 day of annual leave for 1 day of sick leave b. 2nd 45 days @ 1 day of annual leave for 2 days of sick leave c. Remainder @ 1 day of annual leave for 3 days of sick leave. In lieu of severance pay, one hour of annual leave shall be credited for each full month of employment up to a maximum of two hundred forty (240) hours. The total amount of annual leave credited to the employee's balance as of July 1, 1983 shall be equal to accrued but unused vacation plus the amount in lieu of severance pay. If upon conversion to the annual leave plan an employee's accumulation of annual leave exceeds thirty (30) days, that amount shall be the maximum total accumulation (cap) for that employee at the end of any subsequent year. Once a year, at a time designated by the City, an employee will have the opportunity to exchange up to five (5) days of accumulated annual leave for cash. In addition, once a year at a time designated by the City, an employee with an accumulation of annual leave in excess of thirty (30) days will have the opportunity to exchange up to five (5) days of annual leave for cash. Such an exchange shall reduce the maximum total accumulation (cap) of an employee by an equal amount. 20.6 Upon separation from employment with the City, an employee will be paid one (1) day's salary for each day of accrued annual leave remaining in the employee's balance. ARTICLE XXI. SHORT-TERM DISABILZTY 2i.1 Each emp2oyee who has successfully completed the employee's probationary period shall be eligible for short term disability benefit. Such an �employee shall be entitled to full pay commencing on the twenty-first (21st) consecutive working day on which the employee is absent due to a physician-certified illness or injury, whether on or off the job, and continuing until the employee returns to work able to carry out the full duties and responsibilities of the employee's position or through the one hundred and tenth (110th) working day of absence, whichever3L occurs first; provided, however, that the amount of any compensation shall be reduced by any payment received by the disabled employee from workers' compensation insurance, Public Employees Retirement �ssociation disability insurance, or Social Security disability insurance. Payment of short term disability benefit by the City to an employee shall not exceed ninety (90) workinq days for any single illness or injury, regardless of the number and spacing of episcdes. The annual leave balance of an employee receivinq short term disability benefits shall not be reduced, nor shall such employee accrue annual leave during that period. 21.2 �Before any short term disability payments are made by the City •to an employee, the City may request and is entitled to receive from any employee who has been absent more than twenty (20) working days in succession a certificate siqned by a competent physician or other medical attendant certifying to the fact that the entire absence was, in fact, due to the illness or injury and not otherwise. The City also reserves the right to have an examination made at any time of any employee claiming payment under the short term disability benefit. Such examination may be made on behalf of the City by any competent person designated by the City when the City deems the same to be reasonably necessary to verify the illness or injury claimed. 21.3 If an employee hired before July 1, 1983 has received payments under the injury-on-duty provisions of previous contracts, the number of days for which payment was received will be deducted from the number of days of eligibility for coverage under short term disability for that same injury. ARTICLE XXII. STANDBY PAY AND MINIMUM CALLBACK FOR STANDBY EMPLOYEES 22.1 Employees who are designated by the City Manager to serve in a "standby" status on behalf of the City on a Saturday, Sunday or Holiday will receive as compensation for such service as "standby" two (2) hours of overtime pay for each day served in such status. 22.2 Employees required to "standby" during the week will receive as compensation for such service four (4) hours pay at the overtime rate. 22.3 If on any such day the Employee on "standby" shall actually perform work for the City, the Employee shall be entitled to compensation for each hour or portion thereof actually worked at the overtime rate of pay, which shall be in addition to the standby pay. 22.4 An Employee who is on standby and is called out to perform work shall be paid a minimum of one (1) hour overtime for performing such work. I ARTICLE XXIII. EMPLOYEE EDUCATION PROGRAM `;M 23.1 The City will pay tuition costs for training courses relevant to the Employee�s present or anticipated career responsibilities at City-approved institutions. The City will pay fifty percent (50$) of the cost of tuition in advance and the Employee wi11 pay the other fifty percent (50$). The Employee will be required to present to his Department Head a certification of satisfactory taork when the course is completed. a. Courses issuing a letter grade: a"C" or above is required. b. Courses issuing a numerical qrade: a �0 percent qrade is required. c. Courses not issuing a grade: A certification from the instructor certifying that the student has satisfactorily participated in the activities cf the courses is required. 23.2 If the Employee satisfactorily completes the course, the Employee will be reimbursed for the additional fifty percent (50$) of the tuition. The City will not reimburse the Employee for fees which are charged for instruction, associated administrative expense, books, student membership, student health coverage and other charges for which the student receives some item or service. 23.3 The City will not reimburse the Employee for expenses reimbursed under some other education system or program, e.g. G.I. Bill. ARTICLE XXIV. FUNERAL PAY In case of death occurring in the immediate family of an Employee, such an Employee may be excused from work for up to three (3) days with additional time off granted by the City Manager if additional time is needed. This time off shall not subject the Employee to loss of pay. For this purpose, members of the immediate family of the Employee are considered to be the following: spouse, child (Natural or adopted), parent, grandparent, brother, sister, mother-in-law or father-in-law. ARTICLE XXV. JURY PAY AND WZTNESS FEES An Employee who has been duZy summoned for jury duty in any court, or who has been duly summoned as a witness in any proceeding, shall be excused from work in accordance therewith. Such employee shall be entitled to receive as pay a sum of money equal to the difference between what the Emplvyee received as compensation for such jury duty or witness fees, and the Employee�s regular pay. ARTICLE XXVI. MILITARY LEAVE Any Employee absent from work in accordance with the order of a duly established military authority shall receive pay and compensation during such absence as is provided by State Law.. ARTICLE XXVII. INCENTIVE PAY (LONGEVITY) Incentive Pay will be paid over and above the base rate of pay for employees permanently hired prior to March 31, 1973 according to the 3N following schedule: After 5 years of Service: After 10 years of Service: After 15 years of Service: 2-1/2$ of base salary rounded to the nearest dollar amount 5$ of base salary rounded to the nearest dollar amount. 7-1/2� of base salary rounded to the nearest dollar amount. The City of Fridley has aqreed to pay incentive pay to Employees hired prior to March 31, 1973, in recognition of their prior service and contribution to the City of Fridley. Neither the City nor the UNION will attempt to take away longevity or incentive pay for those persons hired prior to March 31, 1973, in future contracts. The amount of incentive pay for eliqible Emplcyees will be negotiated for the affected Employees. ARTICLE XXVIII. HOLIDAYS The EMPIAYER will provide eleven (11) paid holidays. ARTICLE XXIX. UNIFORMS The City of Fridley will furnish uniforms to Employees of the bargaining unit free of charge to the Employee. The City reserves the right to select the type of uniform to be furnished. The City will aqree to furnish rain equipment and special safety equipment for all Employees. ARTZCLE XXX. REPRESENTATIVE ON AREA WIDE NEGOTIATIONS If the UNION chooses to use one of the personnel from the Fridley work force as a representative on the area wide bargaining unit for more than one year in three, Local No. 49 will pay the salary of such Employee for the second year for the time spent on area wide negotiations. The purpose is to spread the cost of such negotiation among the several communities involved in joint negctiations. ARTICLE XXXI. INSURANCE The City will provide group term life insurance with a $10,000 per Employee, and also will provide additional AD & with a maximum of $10,000 per Employee. Provided that the cost for a1Z insurance does not exceed the nmount set forth XIX. ARTICLE XXXII. WAIVER maximum of D Insurance total City in ARTICLE 32.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of emp2oyment, to the extent inconsistent this the provisions of this AGREEMENT, are hereby superseded. 32.2 The parties mutually acknowledge that during the negotiations which resulted in this AGREEMENT, each had the unlimited right and opportunity to make demands and proposals with respect to any3O term or condition of employment not removed by law from bargaining. 1�11 aqreements and understandings arrived at by the parties are aet forth in writing in this AGREEMENT for the stipulated duration of the �►GREEMENT. The EMPIAYER and the UNION each voluntarily and unqualifiedly aaives the riqht to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this 1�►GREEMENT or with respect to any term or condition of employment not specifically referred to or covered by this AGREEMENT, even thouqh such terms or conditions may not have been within the knowledge or contemplation of either or both of the parties at the time this contract was negotiated or executed. ARTICLE XXXIII. DURATION The AGREEMENT shall be effective as of January 1, 1990 and shall remain in full force and effect until the 31st day of December, 1990. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on this day of , 1990. FOR THE INTERNATIONAL UNION OF FOR THE CITY OF FRIDLEY William J. Nee, Mayor William W. Burns, City Manager tary . �:}.�••.i,� i�II�GFS 1990 For �lvyees hired o� p�amorte�d an or after Jain�ary l, 1990 ,pSW-A.1 PSW-A. 2 A�lic Se=vioss lbrk�er (P61� 0 After one (1) year of satisfactozy perfozmanoe in PSW-A classificatioaz PSW-B.1 After two (2) years of satisfactory perfornar�oe in PSW A classification aT]d 8C3]iev@i1ellt Of m i n i tn m+ C;Udl lf 1C3tlOI1S PSW-B.2 After acre (1) y�ar of satisfactoYy perfoneanoe in PSW-B classificaticn pSW� After two (2) years of satisfactory perforaranoe in PSW-B classificati� 21T]Cl dC��1HV@i12Tlt Of miniman C�l]dllf 1Cdtl0� PSW-D After five (5) years of satisfactoYy performanoe ard adzievezne�t of mininaan qualifications Hwrlv Rate $9.62 $10.34 $11.07 $11.79 $12.52 $13.24 04/24/90 3P to the npxt ste� will oocur at the n�xt zregular pay pex'iod follvwing satisfactory oa�letioa� of the time of sezvioe requiremerYt ar�d achievement of m?*►i� qualifications, if Pertinent• ..- . Fbr eq�loyees hired before JansaYy 1, 1990 1989 Ciassiiicatian Maintenanoe I Mait�tenazyoe I Maintenanoe I Mainter�toe I 1990 �lassificaticm with l�s than ane (1) year PSW-A.1 of servioe in Mfaint��ar�oe I classificatiaa�► with mc�re than one (1) but PSW-A.2 less tiLan two years of servioe in Mai��ar�oe I classification with mc�re than twn (2) years PSW-B.1 of servioe but less than thre�e years of sexvioe in Mai�anoe I classificatioaz with thr+ee (3) or more years PSW-B.2 of sesvive in Maintrenanoe I classification 04/24/90 3Q 1490 Aaurlv Rate $ 9.62 $10.34 $11.07 $11.79 Pi�vvided that the oa�ensation for regular hours paid in 1990 to the five (5) e�loyees who were in the Ma� I classificati� as of Deoenber 31, 1989, shall be at least faur peroe� (4.0�) gz�eater than the actual va�er�sation for regular iiwrs worked in 1989. If the va�LSatica'i for regular hwrs w�'�rked in 1990 is less than fa�r peropstt ai�we the va��satioaz for regular hairs t►�rked in 1989, ar�d if the euplayee is e�loyed througtvout the entire year, the e�lvyee shall z�eoeive a limp stimm gaymei�t for the differes�oe with the last ciieck for cale.ridar year 1990. If an eligi.ble e�loyee leaves a�lvyment of the City of Fridley prior to Deoa�er 31, 1990, r�o 1� aaa paymesYt shall be made. Zhis prwisioai of the I�r Agre�nent betw�e.n the FI�'IDYF�t ar�d the UtJIC1�1 applies only to the five (5) etplayees fonn�xly in the Mainte�ar�oe I classification and only to oa�e.nsation for regular ix�urs in 1990. It does not apply to ar►y ather foimer, presP�t, or future e�loyees, and it does rro�t apply to oa�zsation for wertime hours or benefits. For p�u�poses of calculatiur3 the 1� s�nn paymerit at the ea�ci of the year the II�IOYgt ar�d the LINIotd aqrae that the follvwir�g amo«ts canstitute a faur pe.roent (4.0$) it�cr+ea_�e cver the am�mt paid for Z�egular halrs in 1989: David Jen�en Kory Joz�en C,�eg Kottsick Mici�ael Qave.s Rabert S�aall $25,990.00 $21,435.00 $24,820.00 $25,550.00 $23,890.00 Mairite.nat�oe II PSW� 512.96 i � Apper�di.x A page 3 1989 Classification Specialist Majntenarroe III �lscbanic 1990 Classification PSW-D For eaq�layees hired or prQn�ted an or after Jar�uary l, 1990. Level A B Hourlv i�te $ 12.52 $ 13.50 PSW-D 04/24/90 3R 1990 Aovrly Rate $13.24 $13.50 Empivyees hired before Jarruazy 1, 1990, who w�ere in the Specialist classification on D�ber 31,� 1989, shall be classifiecl as Me�anic, Level A ar�d paid $13.24 per hwr in 1990. F�lvye�s hired before JarYUazy 1, 1990, who w�ere in the Maintenanne IZI classification on Deoeznber 31, 1989, shall be classified as Meci�aruC, Level B azrl paid $13.50 per hour in 1990. 3S 04/24/90 aPPENDZZ B PIIBLIC wOR1C8 1�71I�1T8I�D�2�1C8 I[ZI�TZKQM itEQIIZREKE2dT8 1990 Public 8�rvic�s work�r iwv�l 7► Minisum A�quir�m�nts Hiqh School Diploma, GED or equivalent. Valid Minnesota Class B Driver's License. Successful completion of City's physical examination including drug testing, if required. Ability to read, understand, and fol2ow written and oral instructions, including safety rules. Ability to meet the physical demands of the job including but not limited to lifting, bending, climbinq, reaching overhead, pushing and pulling. Ability to perform job responsibilities in climactic extremes. Ability to perform routine repair and maintenance tasks in one or more of the following sections: Streets, Parks, Sewer, Water, Vehicle Maintenance. Ability to work cooperatively as a member of a crew or team. 3T 04/24/90 pubiie 6�rvic�s Rorker L�vsl B 1[ini�um Asquirsments Meets or exceeds all the �inimum requirements of Public Services Worker Level A Completion of two (2) years of experience at Level A Minnesota Class B driver's license or appropriate Commercial Driver's License Successful completion of all applicable City safety and hazardous materials training Safe work practices and safe driving record Adherence to City's policies in regard to tardiness and sick leave Adherence to all other policies and procedures for City employees Ability to deal effectively and tactfully with the public Good knowledge of location of streets and public facilities Working knowledge of fundamental job duties CERTIFICl�TION: For Streets Workers: Ability to use ncn-motorized and small engine types of eqvipment in area of job responsibilities For Parks Workers: Minnesota Non-Commercial Pesticide/Herbicide Applicator License/Certificate For Sewer Workers: For Water Workers: Certificate Class S-D Waste Water Operator's Certificate Class D Water Supply System Operator's For Mechanic's Helper: Demonstrated ability in the repair of small engines and routine vehicle maintenance 04/24/90 Public Barvices �lorker Levsl C Kinimum Requirements Meets or exceeds all the minimum requirements of Public Services Worker Level B Completion of two (2) years of experience at Level B Ability to wcrk with minimum amount of on-site supervision Good )cnowledge of all operations, preventive maintenance and routine repair of equipment operated in area of job responsibility Enrollment in a Public Works Certificate Program or other program related to public works maintenance offered by a technical college or community college with successful completion of one quarter of course work (at least 16 quarter credits) Good knowledge of inethods and materials used in area of job responsibility CERTZFICATZON: For Streets Workers: Completion of course work (at least three (3) quarter credits), in-service training, or certification in one (1) or more areas including but not limited to the following areas: bituminous technoingy and repair, liqht equipment operation, tree trimming, traffic control, asphalt testing, sign making, pavement marking, snow removal For Parks Workers: In addition to Minnesota Non-Commercial Pesticide/Herbicide Applicator License/Certificate, successful completion of a course at a technical college (at least 3 quarter credits) or other certification designated by the City after consultation with Local 49 in one (1) or more areas including but not limited to the following: landscaping, irrigation, entomology, forestry, turf maintenance, building maintenance and construction, concrete finishing� and surveying For Sewer Workers: For Water Workers: Certif icate Class S-C Waste Water Operator's Certificate Class C Water Supply System Operator's 3U 3V 04/24/90 Public Bervic�s work�r I.�v�l D 1[inimum Rsquir�m�nts Meets or exceeds all the minimum requirements of Public Services Worker Level C Completion of one (1) year of experience at Level C Completion of a Public works Certificate Program or other program related to public works maintenance offered by a technical college or community college with successful completion of three (3) quarters of course work (at least 48 quarter credits�, provided that, during 1990 only, this requirement is waived for employees in the Maintenance II classification on December 31, 1989, upon achievement of ten years of service in the Public Works Maintenance Division of the City Ability to work withcut direct on-site supervision and to make on- site decisions related to task assiqnments Broad knowledge of operational aspects of public works maintenance department/division CERTIFICATION: For Streets Workers: Successful completion of a certified heavy equipment training program or equivalent training and experience, and completion of course work (at least three (3) quarter credits), in-service training, or certification in two (2) or more areas including but not limited to the following areas: bituminous technology and repair, tree trimming, traffic control, asphalt testing, sign making, pavement marking, snow removal, and basic carpentry. For Parks Workers: In addition to Minnesota Non-Commercial Pesticide/Herbicide Applicator License/Certificate, successful completion of a course at a technical college (at least 3 quarter credits) or other certification designated by the City after consultation with Local 49 in three (3) or more areas including but not limited to the followinq: landscaping, irrigation, entomology, forestry, turf maintenance, building maintenance and construction, concrete finishing, and surveying For Sewer Workers: Class S-B Waste Water Operator's Certificate For Water Workers: Class B Water Supply System Operator's Certificate �PPS�TDIZ C PIIBLIC wOR1CB �IZITENliNCE I�IZNIKIIl�t REQIIIREMENTB 1990 xecbanic L�vsl !� 03/21/90 3W High school diploma, GED, or equivalent. Valid Minnesota Class B Driver's License or appropriate Commercial Driver's License. Successful completion of City's physical examination including drug testing, if required. - Ability to read, understand, and follow written and oral instructions, including safety rules. Ability to meet the physical demands of the job including but not limited to lifting, bending, climbing, reaching overhead, pushing, and pulling. Course work or experience in diesel mechanics. Experience in electric and qas welding. Two (2) years of applicable experience in auto and/or diesel maintenance and repair with a variety of liqht and heavy equipment. One (1) year of techn�cal college course work (51 quarter credits) in auto or diesel mechanics or certification as a Master Automotive Technician by the National Institute for Automotive Service Excellence. One additional year of applicable experience can be substituted for up to seventeen (17j quarter credits. Levsl B Meets or exceeds all the minimum requirements of Level A. Three (3) years �f applicable experience in auto and/or diesel maintenance and repair with a variety of light and heavy equipment or one (1) year experience as Mechanic, Level A, with the City of Fridley. . One (1) year of technical college course work (51 quarter credits) in auto or diesel mechanics or certification as a Master Automotive Technician by the National Institute for Automotive Service Excellence. �7 CITY OF FRIDLEY pLANNING COMMZSSION l�E$TING, 11PRZL 25, 1990 �1r.rw.w.r.r n. r �. r�.w...r�..�..►w. �.ww.�.w..�.rwww.w��.w.��rw.�►�r�►ww.w.�rwrw.�rw. �.www.�.�..�.�•w.�.w.w.�..�.►ra... f�ALL TO ORDER • Chairperson Betzold called the April 25, 1990, Planning Commission meeting to order at 7:30 p.m. ROLL CALL• Members Present: Don Betzold, Dave Kondrick, Dean Saba, Sue Sherek, Paul Dahlberg Members Absent: Alex Barna Others Present: Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant Jock Robertson, Community Development Director Leon Madsen, City Assessor William Burns, City Manager Steve Billings, Councilmember Tom Schuette, UCD Scott Erickson, UCD Dave Koski, Barton-Aschman Associates Kate Kemper, 7857 Alden Way N.E. Phyllis Forsberg, 1404 West Danube Road Roger and Myra Hanson, 6065 Central Avenue N.E. (See attached lists) APP OVAL OF APRIL 11 1990 PLANNING COMMISSION MINUTES: MOTION by Mr. Kondrick, seconded by Mr. Saba, to approve the April 11, 1990, Planning Commission minutes as written. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. 1. PUBLIC HEARING CONSIDERATION OF A REZONING ZOA #90-02,_BY URBAN COMMERCIAL DEVELOPERS AND FRIDLEY TOWN S UARE ASSOCIATES: To rezone three separate parcels as follows: Lot 9, Block 2, Rice Creek Terrace Plat 1 from R-1, Single Family Dwelling, to S-2, Redevelopment District, the same being 355 Mississippi Street N.E.; AND Lot 12, Block 3, Rice Creek Terrace Plat 2 from R-1, 5ingle Family Dwelling, to S-2, Redevelopment District, the same being 368 - 66th Avenue N.E.; AND Lots 10, 11, and 12, Block 2, Rice Creek Terrace Plat 1, except the South 30 feet thereof, according to the recorded plat thereof 4A pLANNING COMMISSION l�EETING, �PRIL 25. 199Q PAGE 2 on file and of record in the office of the County Recorder, Anoka County, Minnesota, and Lots 13, 14, 15, and 16, Block 3, Rice Creek Terrace Plat 2, according to the recorded plat thereof one file and of record in the office of the County Recorder, Anoka County, Minnesota, from R-1, Single Family Dwelling, and C-1, Local Business, to S-2, Redevelopment District, the same being 6525 University Avenue N.E. OM TION by Mr. Kondrick, seconded by Ms. Sherek, to waive the reading and open the public hearing. �PON A VOICE VOTE, ALL VOTING 11YE, CHAIRPERBON BETZOLD DECLARED THE MOTION CARRIED IINANIMODBLY l,ND TIIE PIIBLIC HEARING OPEN AT 7:35 P.M. � Ms. Dacy stated this item was originally scheduled for the March 14, 1990, Planning Commission meeting; however, two primary concerns were identified by the neighbors at the two neighborhood meetings, and by members of the HRA and the City Council. Those two concerns are: (1) The use itself--the proposed rezoning; and (2) Traffic issues. Ms. Dacy stated the vacant single family lots north of the 10,000 Auto Parts building and the two single family homes to the east of the 10,000 Auto Parts building are zoned R-1, Single Family. The 10,000 Auto Parts building and property is zoned C-1, Local - Business. The rezoning request is to rezone all those parcels to S-2, Redevelopment` District, in order to construct a one-story 28,000 sq. ft. retail building. The S-2 district is a district for redevelopment projects and permits site plan flexibility for a redevelopment project. If the Council approves the rezoning, the Council's approval is based on a specific site plan. Mr. Robertson stated Center City Redevelopment District, which was adopted in 1979, is one of several in the City of Fridley. In 1979, the City Council made findings that there were severe traffic and safety problems with the existing layout of the entire district, that the land north of 10,000 Auto Parts had not been intensely developed because of severe access and traffic problems, small land area, and the location of abutting single family area. The Redevelopment Plan noted that the land area had several proposals for redevelopment, but because of the traffic problems and small land area and location, each application has been denied. Mr. Robertson stated that since 1979, the Fridley Office Plaza, Target Northwest Operations Center, and the Fridley Plaza Clinic have been constructed. There was also the renovation and expansion of the Holly Shopping Center. However, this original 2.4 acre site has remained essentially the same before 1979 due to the land ownership patterns and the traffic patterns that prevented any redevelopment of the site. In the meantime, the County has purchased access easements on this parcel, and the Minnesota 4B pj,��NNiNG C�t�7BStON ItEETIN(�. �PRIL 25. 1990 _PAGE 3 Highway Department has purchased access easements on University Avenue. Mr. Robertson stated that in an attempt to develop this intersection in accordance with the proposed plan, the HRA considered the impact of this particular redevelopment proposal on other potential redevelopment in the southwest quadrant. Mr. Robertson stated that at the April 18, 1990, meetinq, the HRA concluded that for both of these proposals it would be appropriate for some mixed use of residential office and retail. The HRA concluded that if there were commercial development on this corner, there would probably still be a mixed use on the 10 acre southwest corner, but there would tend to be less retail and a higher proportion of office or residential in the southwest quadrant. At the conclusion of the meeting on April 18, the HRA recommended approval of the UCD redevelopment plan based on the site plan for this parcel. Mr. Robertson stated the HRA discussed the question that was raised earlier about how the proposed retail facility would affect existing retail in the area. The developer presented their view based on their experience. Essentially, this is a situation where there has been no retail development, with the exception of the small expansion of the Holly Center, in this area for 30-40 years. In the meantime, the City has grown in this area. When the southwest quadrant is developed, there may be less retail in the future, because the retail that is there may be displaced by other office or housing uses. Mr. Robertson stated Walgreen is the proposed anchor tenant, using 11,000 sq. ft. of the 28,000 sq. ft. The remaining 17,000 sq. ft. will be added to the retail stock of the City. Staff believes this is a relatively small amount of retail to add to the existing stock of retail centers. Mr. Robertson stated the HRA found the redevelopment proposal primarily intended to serve both as a neighborhood facility and to take advantage of the existinq traffic on University Avenue. The petitioners feel this facility will not significantly compete with the other shopping center that is nearing completion at Moore Lake Cammons. Mr. Robertson stated HR.A Chairperson Larry Commers noted that the proposed project is a modern facility which may attract existing tenants from other less desirable centers around the area. Another existing center in the Center City Redevelopment Area is Moon Plaza, which is probably at the end of both its functional and design life. Mr. Robertson stated the HRA approved this particular redevelopment plan. They recommended staff initiate preparation of a pay-as-you- 4C pi�A�"dING COMMISSION KEETING. 11PRIL 25. 1990 �AGE � go tax increment f inancing to the proj ect in which the proj ect will be assisted with approximately $300,000 that will essentially come from the taxes that the project pays after it is completed. There is no up-front money and essentially no risk to the public for financing. The purpose of the financing is to assist in the assembling of the various pieces of land and to write down those land costs so that the land costs of this project are comparable to other existing open sites. The differential in the taxes that would be paid on this site compared to what are paid now is in the neiqhborhood of a 4 or 5 to 1 ratio. The taxes that are presently paid on this proposed site are approximately $17,500, payable 1990 taxes. The most minimum tax revenue, using the worst case approach, the income approach based on the rents of competing retail centers in the area, indicate there would be a minimum of $84,000 a year. Ms. Dacy stated that despite the fact that the S-2 district does not stipulate any setbacks, staff approached the site design analysis to try to accomplish as much of the standards as would be typically required if this was a vacant piece of property and the entire property was zoned C-1. There are only two instances where the site plan does not meet those standards. (1) The buildinq on the University Avenue side has a setback of 30 feet instead of the required 35 feet; (2) Typically, parking lots have to be set back 20 feet from the public right-of-way. Along Mississippi and 66th Avenue, the setback is 15 feet, and along University Avenue, the setback is 5 feet. However, the proposed application does meet the screening standards required by ordinance, which is a 15 foot planting strip with some type of 6 foot screen, either a fence or dense vegetation. In this case, the petitioner is proposing a 6 foot masonry wall matching the exterior of the building to be located along 66th Avenue and then along the east lot line separating the development from the two single family homes to the east. Around the wall will be plantings of Boston ivy and lilac bushes (5 ft.�. She stated that staff is recommending six additional Linden trees along 66th Avenue. Ms. Dacy stated that as far as the LRT issue, the Commission members had received a copy of a letter from Tim Yantos, of the Anoka County Regional Rail Authority, who notes that this site is part of the LRT design system plan. In the letter, Mr. Yantos related the following: (1) If this site were to be developed, the initial phase for LRT use would be that Mississippi Street would have a special bus drop-off located near the intersection and that the site would, in effect, operate as a"kiss and ride" as opposed to a"park and ride"; (2) If it is determined that the demand in this area warrants it, Mr. Yantos is requesting that an easement be reserved along Mississippi to install additional 30 parking spaces for a small park and ride facility; (3) As a final phase, if demand warrants it and as a long term option, the County would be looking at acquiring homes on the north side of the development on the north side of 66th as well as 67th for a park and ride 4D �LANNING COl�[MISSION 1dEETING. �PRIL 25, 1990 PAGE 5 facility. Access to the park and ride facility would be from the driveway into the development, and the driveway would have to be widened in the northeast corner of the site. At this time, there is no indication that there would be any direct access from the park and ride to the neighborhood, nor would staff recommend that. Ms. Dacy stated she would like to introduce Dave Koski, Barton- Aschman Associates, whose office conducted the traffic impact analysis from this development onto the existing roads, as well as the 'impact onto Mississippi and University Avenue after Anoka County's proposed improvement project. Both Mr. Koski's staff and City staff conducted traffic counts durinq various times during the last month to determine the existing traffic conditions. Mr. Dave Koski stated they conducted observations of all turning movement traffic count on the afternoon of April 10, 1990. They wanted to test the worst case during the P.M. peak hour which is basically from 4:30 p.m. to 5:30 p.m. Next they wanted to determine what kind of traffic this development would generate. They have conducted surveys of centers similar to this throughout the metropolitan area. In addition, the Institute of Traffic Engineers has collected data on traffic geneYation by various size developments around the country. Mr. Koski stated that using a combination of their own traffic generation figures plus nation-wide statistics, they calculated what they thought would be the traffic generation and the entry and exit volumes for this center during the P.M. peak hours. Mr. Koski stated that in both cases with the existing traffic conditions, they came up with a level of service D. Traffic level of service is rated on a scale from A(perfect) to F(failure), C is average, and D is considered acceptable. Level of service D really means that all the traffic clears the traffic signal phasing in each cycle. Level D is not perfect. It means if there is something that goes wrong (snowfall, accident, etc.), there can be intermediate congestion at times. The existing level of service at the University/Mississippi is level D, ar►d with the added traffic from the shopping center, the level of service remains at D. The volume of traffic doesn't have much impact on traffic operations at this intersection. Mr. Koski stated they wanted to know how the eastbound left turn from Mississippi Street into the shopping center could work. They were interested in the longest backup of traffic to enter the site during the peak hour period with the existing traffic plus the shopping center traffic. The calculations indicate that the longest backup within that P.M. peak hour period would be about 280 feet. The distance from University Avenue to the driveway of the shopping center will be 340 feet. They found there would be sufficient gaps in the Mississippi Street traffic to allow the eastbound left turn in to operate basically a level service A. 4E �LANNING COMMISSION l�EETING, �PRIL 25, 1990 PAGE 6 They do not see any problem with the left turning movement into the site with the existing street configuration. That will be improved somewhat with the improvements proposed by Anoka County for Mississippi Street. Mr. Koski stated, similarly, the left turn out of the site on eastbound Mississippi Street seems to work alright. If there is any backup that occurs at all, it would be within the shopping center site waiting to turn left. They calculated that backup at the peak period to be about three vehicles. Mr. Koski stated they also looked at the intersection at 5th Street and Mississippi. They determined there would be some delay, but it would not be significant and really doesn't have any impact over what exists today. Mr. Koski stated Barton-Aschman's conclusions were that, assuming the worst case scenario, of all the traffic being new traffic during the P.M. peak hour, that the impact of the entry and exit operation into the shopping center would not have significant impact on the University/Mississippi intersection traffic operations, and that Mississippi Street is able to accommodate the left turn into the site from eastbound traffic without little or no impact on Mississippi Street. Mr. Dahlberg stated that even though the traffic report does not take into consideration potentially added traffic due to the LRT in the future, could Mr. Koski make a guesstimate as to whether or not that impact would adversely affect the level of service D rating on this intersection, taking into account that there are smaller vehicles as well as buses. Mr. Koski stated the LRT is obviously going to have an impact. They did not consider the LRt in their findings. They did review with the consultant some of their ideas as to what the amount of traffic might be. At this point in time, the consultant has a wide range of figures as to how many people might park and what the entry and exit movements might be during the peak hour. Total entry and exit traffic could be as high as what they calculated for the shopping center itself. However, they think it is mitigated by the fact that P.M. peak hours would mostly be exiting traffic and would be later than the 4:30 - 5:30 p.m. peak hour. A video tape presentation was shown facing west on Mississippi Street toward the University/Mississippi intersection. The video tape was filmed on Monday, April 23, 1990. Mr. Leon Madsen, City Assessor, stated he was asked to make comments on the Assessing Department's reactions on this rezoning. He stated there are two criteria they use to determine what to do in a situation like this. They first need to look at the accepted appraisal practice. That practice says that if an informed buyer 4F PLANNING COKMISBION KEETING. �FRIL 25. 1990 PAGE 7 has the choice of two identical properties, one next to commercial and the other within a compatible neighborhood, the buyer will more than likely choose the property located in the compatible neighborhood, if the price is the same. Mr. Madsen stated the other process is a practice they have followed in past years. Throughout the City in locations similar to this, they have consistently placed a lower value on the properties that abut or are located directly across from commercial development or commercially zoned property. In this particular case, if the rezoning takes place within the area marked, the City will probably reduce the property values of the properties that abut the 10,000 Auto Parts property. Mr. Madsen stated that properties that back up to Holly Shopping Center have property values about $2,500 lower than those homes across the street. These neighborhoods are quite similar, and the property values are similar. The City is looking at a reduction of approximately $2,500 in property values for the three properties and one property facing 66th Avenue to the east of the proposed development, if the rezoning goes through. Mr. Betzold stated that if the County changed its position and decided this property would be ideal for a park and ride, and the entire property became a parking lot, what kind of tax base would there be? Mr. Madsen stated he had not done any analysis of that scenario. There is no other similar situation in Fridley. There are other park and ride facilities throughout the Twin Cities, but he would hesitate to make any kind of projection at this time. Mr. Dahlberg asked if the assessed value of those six residential properties decrease the same amount, more, or less intuitively if this was a park and ride lot rather than a retail center. Mr. Madsen stated that, again, he has not studied that scenario at this time; however, it might be appropriate to do so. Ms. Dacy stated that given the recommendation of the HRA that this project is compatible with the redevelopment plans for Center City, because of the positive conclusion from the traffic analysis, and because the proposed site design meets a majority of the City's standards and screening requirements, staff recommends the Planning Commission approve the rezoning request from C-1 and R-1 to C-2, Redevelopment District, subject to the following stipulations: l. The development shall be constructed in accordance with site plan dated� March 8, 1990, as represented in ZOA #90- 02. 0 �LANNING COIrII+iZ88ION MEETING, l�IPRIL 25. 1990 PAGE 8 2. The landscaping plan shall be revised to include: a. six American Lindens along the north lot line; b. Honey Locust trees shall be replaced by Hackberry trees; c. Annabel Hydrangea species shall be replaced with rosa rugose. 3. The petitioner shall pay park dedication fees prior to issuance of the building permit. 4. Storm water management calculations shall be submitted prior to issuance of the building permit. 5. All rooftop equipment shall be screened from view from the public right-of-ways. 6. The petitioner shall obtain development contract approval from the HRA. 7. The petitioner shall execute a maintenance agreement for the landscaping and parking areas. 8. No automotive service uses, car sales, or other outdoor repair/display uses shall be permitted. 9. The City shall have the right to review each use within the center to determine whether or not it is consistent with the intent of the Center City Redevelopment Plan. 10. The site plan shall be revised to provide one 18 foot entrance lane and two 12 foot exit lanes. 11. Shared parking and access easements shall be provided on the property for LRT kiss-and-ride traffic, and specifically along the east and south lot lines. 12. All lighting shall be shielded such that the glare does not adversely affect residential properties. 13. All parking and driving areas shall be lined with concrete curb. 14. All dumpsters shall be screened in accordance with the City's ordinance. 15. Underground irrigation shall be provided to landscaped areas. 4G 4H �LANNING COMMISSION ![EETING. �PRIL 25, 1990 PAGE 9 16. A comprehensive sign plan for free-standing and wall signs shall be submitted for review and approval by the City Council. Mr. Tom Schuette, UCD, stated the center is a 28,Q00 sq. ft. building intended to be a neighborhood service retail center. It is designed to service a 1-2 mile population. It is not intended to bring people from distances farther than that. Some of the proposed uses in mind are the Walgreen Store and other neighborhood serv'ice type uses such as dry cleaning, hair salon, movie rental, Chinese restaurant, framing gallery, small furniture store-- services aimed at uses which the local community would frequently use. They feel the University/Mississippi intersection has long been identified as an area that needs to be revitalized, yet not much has happened. Mr. Schuette stated that in addition to the Walgreen store, they would have 17,000 sq. ft. of retail space. That would be 5-6 shops. Holly Shopping Center is approximately 75,000 sq. ft. Moore Lake Commons is over 100,000 sq. ft. This 17,000 sq. ft. of new retail after such a long period of time with no new retail in this area is a mild and appropriate development. Mr. Schuette stated he knows the City is very concerned about the southwest quadrant. They have estimated that the southwest quadrant has 30,00-40,000 sq. ft. of retail space today. Redevelopment on the southwest quadrant certainly could include at least that much retail without fattening the market of retail space. In the event the southwest quadrant is developed without a retail component, the intersection would see a net loss of retail space, even with the addition of their new center. Mr. Schuette stated the proposed a first shopping center that will continue to be maintained and a service to the community. class neighborhood attractive and well Mr. Betzold stated the Commission has received petitions filed by the neighborhood. It would be in order to receive these petitions. MOTION by Mr. Kondrick, seconded by Mr. Saba, to receive Petition No. 1-1990 and Petition 2-1990 siqned by people opposed to the proposed 28,000 sq. ft. retail shopping center at the northeast corner of University Avenue and Mississippi Street. IIPON A VOICE VOTE� ALL VOTING 11YE� CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANZMOIISLY. Mr. Betzold stated he would like to go through the items of concern expressed by the those who had signed the petition, and he asked for Mr. Schuette's reaction to each one. 41 pj•��TNIN(3 COMMI88ION l�IEETING. AFRIL 25. 1990 PAGE 10 (1) It requires the removal of two existing homes and the erection of a towering concrete �rall along the perimeter of the property. The sheer maqnitude of the wall would be an eyesore to residents in adjacent homes and would create resident concern about maintenance of a graffiti-free wall. Mr. Schuette stated they have a great deal of concern about the wall and the immediate 6-? neighbors. Throughout the process, they have felt that the proposed wall would be the most acceptable solu'tion to the neighbor's concerns. Most of the oral comments he has heard have not referred to a"towering" wall. Some have even said the wall is too low. He stated the wall will be built of the same attractive block as the shopping center. The color of the block goes all the way through the block, so any graffiti can be sandblasted off. They feel a 6 ft. high wall is best, and with the expanded center 15 feet, they now have the ability to add some berming in front of that wall in that 15 feet. To put a shorter wall on top of a berm defeats some of the safety issues about children. (2) We recognize the fact that an underground sprinkler system is to be installed, but that alone does not assure that the grounds will be well manicured. Mr. Schuette stated a maintenance requirement is one of the stipulations. It is in their best interest and in the interest of their retailers to maintain that landscaping professionally. They expect to do that. (3) The same type of retail shops as are being proposed on the 10,000 Auto Parts site already exist at Holly Center just across the street. Additional retail is not necessary in such close proximity to Holly Center. Mr. Schuette stated that it is their opinion that additional retailers are not necessary; however, he would think everyone would agree that not all their retail shopping needs are met on the corner of Mississippi and University. If a similar shop exists in Holly Center, it is nothing more than fair competition and the normal evolution of a growing community. (4) Residents are concerned about the negative impact increased traffic along Mississippi Street will have on the safety of children walking to and from Hayes School and on the increased potential for accidents and bottlenecking due to the stacking of cars making a left hand turn into the shopging center from the eastbound lane on Mississippi Street. Mr. Schuette stated Mr. Koski addressed many of the actual traffic flow concerns. It is Mr. Koski's expert opinion that there will not be a traffic problem. As far as the children walking to Hayes School, the shopping center will not be located between the homes 4J �LANNING COIrII�I88ION 1�EETING, �PRIL 25, 1990 PAGE 11 and the school. Aqain, he has to rely on experts and City staff who believe this proposal will not create a danger for the children. (5) Many residents in the neighborhood abutting this proposed development have resided in their homes for years and years. They take pride in their immediate neighborhood and consider their residential area to be much more than just a home on a street in Fridley. Mr. Schuette stated that, obviously, the homes in this neighborhood are nice, and they want to maintain the quality of their neighborhood. Personally, he felt the existing use of the 10,000 Auto Parts property is unattractive, and they want to bring in a shopping center that is as compatible as possible to the neighborhood. MOTION by Mr. Kondrick, seconded by Ms. Sherek, to receive a letter dated February 23, 1990, from Diane and Peggy Hanson, 365 - 66th Avenue N.E., stating they are opposed to the rezoning request. IIPON A VOICE VOTE, lrLL VOTING lIYE� CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. Mr. James Thayer, 377 - 66th Avenue, asked who is going to maintain the right-of-way area 15 feet back from the curb to the property line on both sides of the street. Mr. Dahlberg stated he believed the City requires any property owner within the City limits to maintain to the curb line, so it would be the responsibility of this development to maintain all the way to the street. Ms. Dacy stated that is correct, and they can ensure that through the maintenance agreement. Mr. Lyle Olson, 376 - 66th Avenue, asked if the tax base remains the same whether or not there are tenants in the shopping center. Mr. Madsen stated part of the appraisal process is to assess the income flow from the property, and the vacancy rate is an important factor of that process. As the property rents up, the City will be monitoring that and will adjust the values for that rent-up period which typically lasts about 3 years. Hopefully, they will be able to settle in on a vacancy rate that is typical in the market. They will be looking at what the typical shopping center of that size in Fridley or even a little bit larger area are experiencing in terms of vacancy. So, if the center does have some extreme vacancy rates, the City will have to reluctantly change the tax base. 4K �LANNING CO2�IIdI88ION 1SEETING, �PRIL 25. 1990 PAGE 12 Mr. Thayer asked Mr. Madsen if he had some vacancy percentaqes on Holly Center, Moon Plaza, and other centers in the City. Mr. Madsen stated Fridley has a decent ongoing record of vacancies in retail centers. They try to check them out on an annual basis. The vacancy rate right now is about 10-15�. Mr. Thayer asked what Mr. Madsen considered the average life of commercial property in Fridley. Mr. Madsen stated he thought the renovation turn around is about 10-15 years, but that varies. Ms. Brenda Tibbetts, 421 Mississippi Street, stated she did not feel City staff has addressed the traffic problems correctly. They are looking at cars, not pedestrians. They see children trying to run across Mississippi Street to the library and across 5th Street to Mississippi to go to Holly Center. There are no crosswalks or stop sign at the corner of 5th and Mississippi. A better time to video traffic would have been 3:30 - 4:30 p.m. Why wasn't the video taken farther back from 7th Street or 5th Street? Again, why wasn't the pedestrian issue addressed? Ms. Dacy stated the concerns that staff heard from the neighborhood meeting was the amount of stacking on Mississippi would block the traffic going into and out the site. So, they wanted to observe exactly how far back the queue would occur on Mississippi. People were concerned that drivers would rear end or back into people wanting to turn left into the site. The video showed that a majority of time the left hand lane was clear of traffic and the majority of the traffic was in the right lane. As to the time, 4:30 - 5:30 p.m., the consultant has stated that is the peak hour for shopping center activities, as many people combine a shopping trip on their way home from work. Mr. Koski stated that as far as pedestrians are concerned, they did count pedestrians. There is no question that at times, it is difficult to cross Mississippi Street without the benefit of a traffic signal. They don't think the shopping center will have any significant impact on pedestrian crossings. Ms. Louise Bennethum, 368 - 66th Avenue, stated they have lived in their home for 32 years. She stated this is the best proposal they have seen in that 32 years. She lived there before either Holly Center or Red Owl (a former tenant of the 10,000 Auto Parts property}. She stated that over the years, she has put up with rats, smells, trespassing, snowmobiles through the yard, trash, noisy vehicles, etc. They have put up with all this, because their neighbors have voted down every other proposal that has been made for this property. She has checked with people across the United States who have a Walgreen Store in their neighborhood, and she has not received one negative response. She stated she wanted her 4L BLANNING COMMISSION MEETING. �PRIL 25. 1990 PAGE �3 neighbors to realize that they have not lived next to these lots and next to this horrible building and the things she just mentioned. It is now time not to have to bear this anymore, and they are in favor of this proposal. Mr. Marbolez, 355 Mississippi Street, stated he aqreed with Ms. Bennethwm. The 10,000 Auto Parts store is an eyesore, and there definitely should be some consideration given to remodeling or rezoning this property. Mr. Clinton Tibbetts, 421 Mississippi Street, stated the traffic on Mississippi Street backs up past his house. He and wife have a daycare in their home, and they have seen cars almost run the children over at 7th and Mississippi. He stated they do not need any more traffic. They do not need another retail center. Holly Shopping Center is just across University, and Moore Lake Commons is only a mile away. If all the existing centers have a 10-15� vacancy rate, then put the new retail shops in the 15� that are already empty. He agreed that the 10,000 Auto Parts site should be remodeled into something, but not another retail space. Mr. Betzold encouraged anyone in the audience who opposed the rezoning request to tell the Commission what they would prefer to see on this site. Ms. Pat Anderson, 367 - 67th Avenue, stated it was her understanding from listening to City staff that the light rail transit issue was to be a kiss and ride and then maybe several years down the road, there might be the need for a park and ride. She stated late that afternoon, she had a conversation with Tim Yantos from Anoka County, and he had told her that the proposed light rail system will go in within 3-4 years, but that they will only wait approximately one year before deciding whether or not they need the park and ride. She stated she sees this whole issue tied to the light rail issue. If they go ahead with this development, it precludes them from using the existing space for a park and ride; and then houses on 66th Avenue and 67th Avenue would have to be removed. Ms. Dacy stated she had spoken to Mr. Yantos on Thursday, ApriZ 19, and had received a letter from him dated April 19. She had not spoken to him since that time. Mr. Thayer stated that he is opposed to this proposal. He stated the plan as submitted is marginal in that the developer already recognizes the need for additional space. That is the reason for purchasing and rezoning the two single family lots adjacent to the property. It is just moving the problem to the next neighbors, and it will just keep continuing until the whole block is gone. This project is not going to do a thing for the neighborhood, except its downfall. It also concerned him that the plan did not quite meet the standards required by the ordinance. !����1 �LANNING COMMISSION Ii�ETIIdG, APRIL 25, 1990 PAGE 14 Mr. Thayer stated this is a difficult area to develop. It is a very small area which is part of the problem. Mr. George Meisner, 373 Mississippi Street, stated his objection to the proposal is that he believes it is an inappropriate development for the needs of the neighborhood. Holly Center is right across the street. Everything proposed for this site is already available either at Holly Center, Moon Plaza, or Rice Plaza. He, too, questioned the traffic surveys done. The surveys were done on Monday and Tuesday, and he did not think those were the worst days of the week from a traffic standpoint. A better view of the traffic might have been done on a Friday afternoon. Last year, when Anoka County was using Mississippi Street as a bypass for I-694, the traffic was miserable. Subsequent to that, the traffic has not been so bad; however, there are many days when he comes home from work that he is not been able to turn left into his property going east without waiting for the traffic to clear. This indicates to him that the traffic is worse than that indicated by the study. Mr. Meisner stated some type of senior housing might be a suggestion for part of the property. He stated the LRT should be strongly considered in conjunction with any development on this property. He thought a park and ride facility would really benefit the City of Fridley. ' � Ms. Janet Thayer, 377 - 66th Avenue, stated she would like to see some type of community park on this corner that could be enjoyed by everyone in the City of Fridley. Ms. Marilyn Sullivan, 522 - 66th Avenue, stated she lived a little outside the immediate neighborhood. She stated she has grown up in Fridley. She would like to raise her family in Fridley. She stated she has some problems with this proposal and rezoning request: 1. The LRT issue. The idea of possibly removing eight residential homes in the future was unconscionable. Even removing two homes is unthinkable. 2. There is the possibility that 10 homes would be removed. These people have paid a lot of taxes in the City of Fridley-, they are close to fine schools, yet this development would eliminate those homes. She believed these neighborhoods should remain strong and viable, which means holding back on developments that are not residential. 3. It was the direction of the Planning Commission in the 80's to preserve affordable homes, and now why are they committing themselves to redevelopment that was proposed �_l_l' .' pLANNING COMMZSSION I�tEETING. 11PRZL 25. 1990 PAGE 15 back in the 70's? It might have been desirable back then, but it is not now. 4. The increased traf f ic is a problem, and she had not heard anythinq about a pollution control study or impact. 5. Noise has to be a serious consideration. 6. With the extended turn lane and the road line being so close, the privacy and quality of life is being reduced, which is also supported by the lower tax value on some of these homes. Ms. Sullivan stated they do not need a Walgreen Store. They have a Snyder Drug Store which is a Minneapolis-based chain, and she would hate to see it go out of business by Walgreen which is an out-of-state chain. They should keep the neighborhoods intact. They should not have development encroaching upon them and potentially downgrading their quality of life. She thought the citizens of Fridley deserve priority treatment. Mr. Madsen stated he wanted to clarify that vacancy rates in themselves are not entirely unhealthy situations for a shopping center, because it does provide space for additional new and fresh tenants. The vacancy rates in Fridley in the existing shopping centers are fairly typical of vacancy rates in the local area. Ms. Holly McGregor, 355 - 66th Avenue, stated she is opposed to the shopping center because of the traffic. She agreed that the traffic is heaviest on Friday and Saturday, not on Monday and Tuesday when the traffic study and video were done. Mr. Lowell McGregor, 355 - 66th Avenue, stated he is opposed to the shopping center. He did not want to see them consider any development on this site until they know more about the LRT, because his home is one of the ones that would be removed for a park and ride. Mr. Ellsworth Hinz, 384 - 66th Avenue, stated 66th Avenue is one of the best streets in Fridley and let's keep it that way! Ms. Brenda Tibbetts, 421 Mississippi Street, stated their property values are going to go down. If the LRT is a big issue, then they should just put in the park and ride lot. OM TION by Ms. Sherek, seconded by Mr. Kondrick, to close the public hearing. IIPON A VOICE VOTE, l�LL VOTING l�YE, CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED l�TD THE PIIBLIC HEARING CLOSED AT 9:�0 P.M. . � pLANNING COMMZSSION MEETING. �PRIL 25. 1990 PAGE 16 Mr. Kondrick stated this property is an eyesore now, and he had to believe that this proposal would certainly be an improvement over what is there now. What concerned him the most was the light rail issue. Mr. Betzold stated he has also been troubled by the LRT issue ever since they first discussed it quite awhile ago. He was concerned that the City has made a strong commitment to try to develop this whole, area, and he did not think that the existing 10,000 Auto Parts building is doing the neighborhood any good or the City any good. His first reaction was, why do they need another shopping center? Part of this property has been zoned commercial for many years. This is the center of the city. The problem is that the developer who developed this property 30-40 years ago could not have possibly foreseen the development and the traffic of today. Unfortunately, a park would not be economically feasible for the City, and residential is also not realistic for this corner. The wild card, of course, is the LRT. Mr. Betzold stated the Planning Commission strongly encouraged the County to look away from Columbia lce Arena as a park and ride site because of poor access to it and had recommended the County look at the corner of Mississippi/University. This is now a golden opportunity for the County ta step in and acquire this property for a park and ride while there is the opportunity. The worst thing that could happen is to put a shopping center in now and then have the LRT come in later and need more space and tear out homes. Mr. Betzold stated that from a tax base standpoint, maybe it is not in the City's best interest to build a parking lot, but he thought they should take the advantage now and acquire the land for a park and ride. If a park and ride does not go in, the property would be available and maybe there will be a good proposal. For right now, they are just hemmed in with 30 years of development that the City can't control and the neighborhood has grown up around it, and they might be trying to put too much onto this small piece of land. Mr. Saba stated there are some very positive benefits from a development 'such as this. One problem is with the elderly and children trying to cross University to shop at Holly Center. A development of this type would resolve that problem. However, he is also very concerned about the light rail issue. It is really stymieing development in the City. He would not want to see 6-8 homes taken because this was developed into a retail center with light rail coming through. It is unfair to the neighbors to tear out existing homes and replace them with a brick wall, even though the developer will try to make it look nice with plantings. He would like to see a Walgreen Store go into this area, but with the rest of the shops, it just makes too big a development for this small piece of property. For these reasons, he would vote against the rezoning. 4P ING COMMISSION ETING APRIL 25 1990 AGE 17 Ms. Sherek stated she agreed with Mr. Saba. The Commission has struqgled a number of times over the last few years about the issue that the value of the land in Fridley is so high and the cost of building and developing is so high, that there the need to cost every square inch the City will allow on a piece of property in order to make that piece of property financial feasible for development. She feel this property is probably being overdeveloped for its size, given the present proposal. Ms. Sherek stated that the Planning Commission has also been looking at the LRT issue for quite some time. The Comm�ksand indeed did direct the County to look at this corner for a p ride. She was not sure that a park and ride was the most wonbu�f it thing for this corner, but light rail is certainly coming, would be preferable to see a park and ride on a lot that �5 osedato essentially a parking lot that would be upgraded, as opp taking homes (to which she is opposed). For those two reasons, the overdevelopment of the property and light rail transit coming in later which might force the taking of homes, she would vote against the rezoning also. Mr. Dahlberg stated he is disappointed in the Anoka County Rail Authority in its lack of response to this whole issue. He agreed with what has been said by the other Commissioners relative to the LRT. One of the other aspects ofoLRi 1 ha tationelocationnthat advocated is that as part of any p would occur at this intersection, there would also be constructed a pedestrian bridge over University Avenue. He thought osal opportunity still exists. He had some concerns about the prop as presented. He,ssissit i Street and Uni er ity SA enue, are aa specifically on Mi PP little difficult to deal with, primarily from the standpoint that if the 15 ft. setback along Mississippi Street is acceptable, an easement for LRT parking will also have to be provided, with the possibility that additional parking spaces would be constructed - along Mississippi Street which would bring the setback down to 5- 10 feet from the curb. He did not like the idea of all that pavement and concrete, especially at this intersection. Mr. Dahlberg stated he has visited and shopped at the Calhoun Center that the developer has constructed and owns. It is a very nice center. The c�mpsnY�a ntained e and that centerlis leased properties. The cente 100$. Mr. Dahlberg stated he is a little concerned about the additional truck traffic to the service drive around the back of the building and dumpsters that are located in back. He stated this is a good project, and it would be well suited to this site if the LRT question was not a concern. But, it is a to resolve theeissue of might be prudent for the Commission to try 4Q ING CO1�iI88ION ?IEETING �P IL 5 990 AGE 8 the LRT before making a recommendation for the development of this property for commercial/retail use. Mr. Dahlberg stated the neighbors have responded both positively and negatively to the idea of a park and ride lot; and it is his interpretation that the neighbors would rather see a park and ride lot than a retail center. MOTION by Mr. Saba, seconded Ms. Sherek, to recommend to City Council denial of rezoning request, ZOA �90-02, by Urban Commercial Developers and Fridley Town Square Associates to rezone three separate parcels as follows: Lot 9, Block 2, Rice Creek Terrace Plat 1 from R-1, Single Family Dwelling, to S-2, Redevelopment District, the same being 355 Mississippi Street N.E.; AND Lot 12, Block 3, Rice Creek Terrace Plat 2 from R-1, Single Family Dwelling, to S-2, Redevelopment District, the same being 368 - 66th Avenue N.E.; AND Lots 10, 11, and 12, Block 2, Rice Creek Terrace Plat 1, except the South 30 feet thereof, according to the recorded plat thereof on file and of record in the office of the County Recorder, Anoka County, Minnesota, and Lots 13, 14, 15, and 16, Block 3, Rice Creek Terrace Plat 2, according to the recorded plat thereof one file and of record in the office of the County Recorder, Anoka County, Minnesota, from R-1, Single Family Dwelling, and C-1, Local Business, to S-2, Redevelopment District, the same being 6525 University Avenue N.E. IIPON A VOICE VOTE, 1CONDRICR VOTING NAY, CHAIRPERSON BETZOLD DECLARED THE MOTZON CARRZED. Ms. Dacy stated that on May 7, the City Council will set the public hearing for May 21. Everyone will be renotified of that meeting. Chairperson Betzold declared a 15 minute break at 10:00 p.m. 2. PUBLIC HEARING• CONSIDERATION OF A PRELIMINARY PLAT. P.S. �90-02 MICHAEL SERVETUS 2ND ADDITION BY KATE KEMPER FOR THE �IICHAEL SERVETUS UNITARIAN SOCIETY: Being a replat of Outlot A, Michael Servetus Addition, to create four separate lots, generally located at 980 - 67th Avenue N.E. OTION by Mr. Kondrick, seconded by Ms. Sherek, to waive the reading of the public hearing notice and open the public hearing. QPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY AND THE PIIBLZC HEARING OPEN AT 10:15 P.M. Ms. McPherson stated this request is being made by Kate Kemper and Phyllis Forsberg who are co-chairing the building committee for the Michael Servetus Unitarian Church. The plat is just one of three requests that are interrelated. The Planning Commission will also 4R $Ll�NNING COIrII�IBBION MEETING. �PRIL 25, 1990 _ PAGE 19 consider a vacation of an existing street right-of-way and a special use permit for a church expansion in R-1 zoning. Ms. McPherson stated the property is located approximately at the what would be the intersection of Oakley Drive and 67th Avenue. The first Michael Servetus Addition was platted in 1973. At that time, eight lots were created, four which abut 68th Avenue, and four which abut 67th Avenue. At the same time, right-of-way for 67th Avenue was dedicated, although 67th Avenue is not extended within the right-of-way at this time. Ms. McPherson stated the proposed plat will create three single family residential lots adjacent to the 67th Avenue right-of-way and will create one lot of approximately 47,000 sq. ft. for the church expansion. In addition, the City is requesting that 60 feet of right-of-way be dedicated to preserve any future extension of Oakley Drive. This is relation to potential future Minnesota Department of Transportation (MnDOT� projects which will occur in conjunction to the improvement of Highway 65. These potential projects include the closing of the median crossing at 63rd Avenue and 73 1/2 Avenue. At the same time, within their five year capital improvement plan, MnDOT is planning to upgrade the intersections at 73rd Avenue and Mississippi Street. Ms. McPherson stated the Mississippi Street improvement will include the improvement of the signals at Mississippi/Highway 65, construction of a a�edian on the left side of the intersection. If MnDOT completes the median construction, this will prevent any access from people traveling southbound on Brookview to access Mississippi Street to go eastbound. The City Council could decide not to use the right-of-way if it is determined that this entire neighborhood can leave the area by other means. However, if the City Council decides to connect Oakley Drive with 67th Avenue, it would serve three purposes for the City: (1) It would provide two means of access into and out of the neighborhood, especially in emergency situations where one street becomes blocked. (2) It would provide easier maintenance. A through street is easier to plow than two cul-de-sac streets. (3) It would complete the overall traffic pattern for the neighborhood. Ms. McPherson stated that if the City Council deems it is not necessary to preserve the right-of-way, they could choose to vacate the right-of-way, and there would then be the opportunity to create an eighth lot within the vacated right-of-way. Approximately 15 feet from the park land would be needed to allow the lot to meet the minimum lot width. 4S pL!►NNING COIrIIdI88ION l�t$ETING, �PRIL Z5, 1990 PAGE 20 Ms. McPherson stated that in addition to the street issues, the utilities in the area will be installed to serve the three proposed residential lots. The water main in the area will be looped within the Oakley Drive right-of-way and through 67th Avenue. This will prevent a stagnant water line and will provide water feed from two directions for the new houses. In addition, sewer services will be installed to serve both the three new lots and the four lots previously platted in 1973, and 67th Avenue will also be extended within the existing right-of-way to serve those new lots. Ms. McPherson stated that within this area, there is an issue of peaty soils. Staff has records of soil borings from 1958 and 1967. Within the areas where there might be future houses, there is between 2-5 feet of peat. Staff is recommending there be restrictive covenants filed against the three new lots in order to provide information to future buyers that there might be increased costs in building homes on these lots because of soil correction measures that will be required. Ms. McPherson stated staff is recommending that the Planning Commission recommend approval of the P.S. #90-02 with four stipulations: 1. A park fee of $1,500 per lot for three residential lots shall be paid at the time of building permit ($4,500 total). 2. The petitioner shall petition for the proposed improvements (67th Avenue extension, water main loop, sewer extension). 3. The vacation request, SAV �90-01, be approved. 4. Restrictive covenants regarding the need for soil correction shall be recorded against Lots 1, 2, and 3, Block 1, Michael Servetus, 2nd Addition. Mr. Saba stated this area is a wetland area. Why isn't environmental assessment statement needed? Ms. Dacy stated the amount of lots to be created is below the threshold required by the Minnesota Environmental Quality Board. Staff realizes that there are poor soils on the site. To the west First Western Development, as part of their wetland mitigation requirement for their development at 85th Avenue, is proposing to create a wetland in Meadowlands Park. The City originally approved a plat for eight lots in 1973. Staff has determined that the creation of three additional lots is not going to have an adverse impact as far as the environment is concerned; it is more of a "buyer beware" situation in that the buyers must be aware that they will have to correct the soil problems prior to building homes. 4T , �L�NNING CO1+II��I68ZON KEETING. �PRIL 25, 1990 BAGE 21 Mr. Saba stated the Comprehensive Plan talks extensively about protecting the wetlands, and the creation of three more lots in a wetland area is a concern to him. Ms. Sherek asked what impact a through street wou2d have on Meadowlands Park. Ms. Dacy stated that cars going by on a street would not significantly impact the wetland. The street would be well outside the ordinary high water mark of the wetland that First Western is cons'idering. The other impact would be the run-off. Bad soils would have be removed and replaced with good soils and the area resodded and revegetated so it would be a one time intrusion if the street is constructed. Mr. Saba stated he is concerned that the City has lost enough wetland areas in its natural state. And, now is another wetland area that will be disrupted, and he had problems with that. Mr. Betzold asked if the petitioner had any problems with the stipulations. Ms. Kemper stated the stipulations were acceptable to them. Ms. Sandy Peterson, 6790 Brookview Drive, asked how the storm sewer system would be assessed. Ms. Dacy stated the storm sewer system will be constructed to handle the run-off from 6'7th Avenue and from the parking lot for the expansion of the church and the development of the three new lots. Any utilities which directly benefit abutting properties are the ones assessed. Mr. Arthur Medeck, 6770 Brookview Drive, stated he is on the corner of Brookview and 67th Avenue. He was concerned about whether he would be assessed for the storm sewer system. Ms. Christine Gerrety, 1051 - 67th Avenue, stated they have already paid for a stona sewer system. Ms. Dacy stated she would be glad to check and see if any of the homeowners on 67th Avenue would be assessed for the storm sewer system. Dr. Ken Vos, 990 - 68th Avenue, stated one month after he moved into his home in 1974, the church wanted to assess all eight lots in that first addition for a storm sewer. A public hearing was held, and the neighbors convinced them not to do that. So, he did not think they ever were assessed for a storm sewer system. Dr. Vos stated that regarding the lot directly behind his house on 67th, the reason the lot did not sell is because there is the need 4U �L�NNING COI+II+IISSION 1SEETING. �PRIL 25. 1990 PAGE 22 for a lift station for sewer, so there is the concern about how much it is going to cost to develop this land. Dr. Vos stated when he built his home, he had a buildable clause in the contract. By the time, he finished building, he had dug out 19 feet of peat, so 5 feet of peat might be a minimum. Dr. Vos stated he felt this plat request is directly tied together with the vacation request. The reason the church wanted to put the lots�in like that is to keep Oakley Drive open. He would recommend the Planning Commission not recommend approval of this plat. He just did not think this is the best plat for this property. Mr. Dahlberg asked if any other arrangement for a plat had been considered. Ms. Kate Kemper stated that their architect, the City, and other experts have concluded that this is the best arrangement to maximize the best use of the property. This is not only the best way to arrange the pieces, but also the only economical way, because of the bad soil conditions. Mr. Betzold agreed that because the plat request and vacation request are tied so closely together, they should also discuss the vacation request during this public hearing on the plat. 3. CONSIDERATION OF A VACATION REOUEST, SAV #90-01, BY KATE KEMPER FOR THE MICHAEL SERVETUS UNITARIAN SOCIETY: To vacate Oakley Drive as dedicated in the plat of Michael Servetus Additian, generally located west of 980 - 67th Avenue N.E. Ms. McPherson stated this vacation request is to vacate the Oakley Drive cul-de-sac (or bubble) that was originally dedicated within the 1973 Michael Servetus addition. The vacation will eliminate the extra pie shape, should the proposed Oakley Drive dedication be platted over it. This will allow the church to use the standard 90 degree angle lot at that corner, instead of having the "bubble" of right-of-way. By vacating the cul-de-sac, they can dedicate new right-of-way as an extension of the existing Oakley Drive right- of-way. Ms. McPherson stated staff is recommending the Planning Commission recommend approval of this vacation. Procedurally, the vacation would be recorded by the County prior to the recording of the plat, should be plat be approved. Mr. William Doyle, 6551 Oakley Drive, stated the neighbors applaud the Michael Servetus Church on their efforts to upgrade their property. However, the neighbors' significant opposition to the plan focuses on one aspect, and that is the plan to extend Oakley Drive. Mr. Doyle presented to the Commission a petition stating L: i�� PL�NNING COMI�iI88ION 1+I8ETING. APRIL 25, 1990 PAGE 23 that Oakley Drive not be extended as requested by the Michael Sexvetus Unitarian Society. He stated this petition was signed by the residents on Oakley Drive, residents on Brookview Drive, and relative residents on Mississippi Street. Mr. Doyle stated it had not been too many years ago when the City of Fridley was interested in extending Oakley Drive. At that point in time, the residents unanimously opposed that plan. He believed they were opposed then for the same reasons they are opposed to the extension now, and he beZieved they would be opposed to any extension in the future. Mr. Doyle stated the primary issue is the extension of Oakley Drive because of the potential impact to their residential environment. Their primary cancern is that if the street is extended approximately 50 feet, that would dramatically increase the probability that at a future time the street would be extended all the way to the cul-de-sac at 67th. Mr. Doyle stated the neighbors' concerns include the following: 1. The resulting increase in traffic will dramatically �hange the neighborhood of Oakley Drive. Those who are currently living there purchased the property because of the quiet environinent and cul-de-sac or dead end street. The fundamental nature that is important to them and their environment would be lost. 2. They believe that the increased traffic that will result would lower the value of their properties. Again, they purchased their properties because of that fundamental nature of the neighborhood; and when that fundamental nature is changed, the pool of potential buyers for these properties shrinks, and the end result is the property values go down for this particular neighborhood. 3. Their street is currently 30 feet wide. That meets the minimum standard in the City of Fridley. Currently, if there is a car parked on either side of the street, there is not enough room for two-way traffic. So, if the traffic increases dramatically, they predict that at some point in time there will then be the need to widen Oakley Drive. Because of their front yard setbacks, this again would have a very negative impact on their environment. Mr. Doyle stated they feel that the above changes are significant and that there are no positives that would come out of extending Oakley Drive. Consequently, they are opposing the extension of Oakley Drive, even though they would like to see the church property upgraded. If an extension of Oakley Drive is required, 4W �L�NNING COMMI88ION KEETING, �PRIL 25, 1990 PAGE 24 the door will be opened much wider for a future extension of Oakley Drive to 67th Avenue. MOTION by Ms. Sherek, seconded by Mr. Kondrick, to receive Petition No. 4-1990. IIPON !l VOZCE VOTE, !►LL VOTZNG 11YE, CHAIRPERSON BBTZOLD DECLARED T8E 1�IOTION CARRZED IINANIMOUSLY. Mr. Jerry Burns, 6530 Oakley Drive, stated he is mainly concerned about the increased traffic if Oakley Drive is extended. Mr. Peter Eisenzimmer, 6535 Oakley Drive, stated that about five years ago, the City tried to open up Oakley Drive, and the neighborhood was opposed to it. They are now back again with the same argument. This is really not buildable land, and the neighborhood should not have to put up with more qrief than they already have. He would like to see the church upgraded, but leave Oakley Drive alone. He suggested the church use Lot 3 as a driveway back to 67th Avenue. He did not want the church accessing onto Oakley Drive. Mr. James Tauer, 6430 Oakley Drive, stated that looking at the amount of peat that would have to be removed and the fact that this is a wetland area, he did not think it was practical for the City to pursue any kind of extension of Oakley Drive. Ms. Diane Miller, 953 Mississippi Street, stated that if Oakley Drive does go all the way through, who would pay the taxes for the widening and improvements? Ms. Dacy stated the reservation of the 60 ft. right-of-way is basically preserving options for the City Council to take. If it is determined that the Council wants to connect the two cul-de- sacs, they will have an assessment hearing to determine the benefittinq properties. At this point, that analysis has not been done. Mr. Doyle stated he did not think it is very astute to assess homeowners who are radically opposed to the extension. He did not see how the City Council can even consider the extension as a feasible alternative. OT ON by Ms. Sherek, seconded by Mr. Saba, to close the public hearing. IIPON A VOICE VOTE� ALL VOTING lIYE, CHAIRPERSON BETZOLD DECLARED T8E I+IOTION CARRIED IINANIMOIISLY l�ND THE PIIBLIC HEARING CLOSED AT 11:05 P.M. Mr. Saba stated he has problems with abandoning the City's right- of-way. He agreed that it does create problems and disrupt the 4X pI�l�iNNING COI+II+IISSION KEETINQ, �PRIL 25. 1990 P�GE 25 existing neighborhood on Oakley Drive. There doesn't appear to be any easy solution. He is not totally against the replat, but he did have some problems with it and would have to vote aqainst the vacation request. Mr. Rondrick stated he would also vote against the vacation. Ms. Dacy stated that if the Planning Commission recommends to deny the vacation request to vacate the cul-de-sac, the cul-de-sac is stil•1 there. But, if the Planning Commission recommends to approve the plat, there would still be a reserved right-of-way and a cul- de-sac. So, there could possibly still be a street connection with or without the vacation. Mr. Dahlberg agreed. He stated the plat could occur without the vacation and allow the church access from 67th in the street right- of-way, if that is something the church representatives would be willing to accept. It would allow them to plat, get their three single family lots, have access to their property over a City right=of-way, and not make it necessary to extend Oakley Drive to 67th Avenue. So, the Commission has to look at these two requests in the order presented to them--first the plat, then the vacation. Ms. Sherek suggested that in the stipulations recommended by staff for the plat, they should delete stipulation #3: "The vacation . request, SAV #90-01, be approved." They should then add a stipulation that says: "Access to the church parking lot will be from 67th Avenue." Mr. Saba stated he is still concerned about the fact that any time soil corrections are made, funny things happen to the filtering of water and the flow of water. He would like to see the church be able to make their improvements, and he had no major problems with the plat, but he just did not like to see wetlands disturbed. Ms. Dacy stated that if the Commission's action is to recommend the driveway within the proposed street dedication area, then staff would recommend a stipulation that the petitioner work out an agreement with the City as far as liability and maintenance of that driveway. Mr. Dahlberg stated he thouqht maybe there is a compromise that can be reached relative to access to the church property from 67th Avenue rather than from Oakley Drive to the south. However, he saw more value in connecting Oakley Drive to 67th Avenue than not, especially in light of the median construction proposed on Mississippi Street. Not necessarily from the standpoint of allowing the neighborhood to have access to Mississippi Street and T.H. 65, but from the standpoint of allowing emergency vehicles to get to residents more quickly. 4Y pL�iNNING COKMI88ION I�EBTING. �PRIL 25, 1990 PAGE 26 Mr. Doyle stated that Jackson Street is two blocks to the west of Oakley Drive, and it goes north from Mississippi to 67th Avenue. Ms. Sherek stated she thought they need to reserve the right-of- way but find an alternative means for access. Ms. Kate Kemper stated that the church cannot afford to put in a driveway from 67th Avenue. It is a long piece of property, and it has bad soils. Access from Oakley Drive to the south is much shorter. Mr. Dahlberg stated that legally the City cannot deny the church access to Oakley Drive because their property fronts on the public right-of-way. Mr. Betzold stated that Mr. Dahlberg certainly raised a valid point that because the church fronts public right-of-way, it would be pretty difficult for the City to deny them access. MOTION by Ms. Sherek, seconded by Mr. Saba, to recommend to City Council approval of Preliminary Plat, P.S. #90-02, Michael Servetus 2nd Addition, by Kate Kemper for the Michael Servetus Unitarian Society, being a replat of Outlot A, Michael Servetus Addition, to create four separate lots, generally Iocated at 980 - 67th Avenue N.E., with the following stipulations: 1. A park fee of $1,500 per lot for three residential lots shall be;paid at the time of building permit ($4,500 total). 2. The petitioner shall petition for the proposed improvements (67th Avenue extension, water main loop, sewer extension). 4. Restrictive covenants regarding the need for soiZ correction shall be recorded against Lots 1, 2, and 3, Block 1, Michael Servetus, 2nd Addition. IIPON A VOICE VOTE, ALL VOTING l�YE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOUBLY. MOTZON by Ms. Sherek, seconded by Mr. Dahlberg, to recammend to City Council denial of Vacation Request, SAV #90-01, by Kate Kemper for the Michael Servetus Unitarian Society, to vacate Oakley Drive as dedicated in the plat of Michael Servetus Addition, generally located west of 980 - 67th Avenue N.E. IIPON A VOICE VOTE, BETZOLD VOTING NAY, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED. 4Z �LANNING COMMZSSION KEETING. �PRIL 25. 1990 PAGE 27 3. �LTBLZC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT, SP 90-05, BY KATE KEMPER FOR THE MICHAEL SERVETUS UNITARIAN SOCIETY• Per Section 205.07.O1.C.(2) of the Fridley City Code to allow the expansion of a church in a residential district, on Outlot A, Michael Servetus Addition, generally located at 980 - 67th Avenue N.E. O O by Mr. Kondrick, seconded by Mr. Saba, to waive the reading of the public hearing notice and open the public hearing. DPON A VOICE VOTE, ALL VOTING l�YE, CHAZRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PIIBLIC HEliRING OPEN AT 11:25 P.M. Ms. McPherson stated the Michael Servetus Unitarian Society is proposing to extend their existing facility. In addition to the church expansion, the church is planning to construct a 50-car parking lot which will form an "L" around the buildings, and they are proposing to relocate the access to Oakley Drive from 67th Avenue. Ms. McPherson stated the relocation of the driveway will impact, instead of approximately six homes as it does now on 67th Avenue, approximately 10 homes on Oakley Drive. Since the church has a small membership of approximately 43 members, the potential Sunday service traffic which occurs at 10:30 a.m. will be minimal. Approximately 20-30 cars would use Oakley Drive to get to the church. They are proposing to expand the sanctuary from its current seating of 54 to approximately 84. Ms. McPherson stated that in addition to the Sunday services, they do have occasional evening meetings during the week at which 2-3 cars may be in the parking lot. They sometimes rent their facilities for weddings, funerals, etc. Ms. McPherson stated the petitioner has submitted a landscape plan to which staff has recommended some minor changes. Staff has recommended that a grading and drainage plan be approved in order to ensure that there is adequate detention and retention on site of stormwater. The relocation of the access to the church will be an impact; however, it will be a minimal impact as the church is not a very large entity within the neighborhood, and the proposed expansion of the church will improve and enhance the existing building. The parking facilities will be more than adequate to handle the proposed use of the site. Ms. McPherson stated staff is recommending that the Planning Commission recommend approval of the special use permit request with two stipulations: l. A grading plan shall be submitted prior to the issuance of a building permit. 4AA pLANNING COIrII+tI88ION IsEETING, �PRIL 25. 1990 PAGE 28 2. The revised landscape plan shall be submitted prior to the issuance of a building permit. Mr. Dahlberg stated that since the Planning Commission recommended denial of the vacation request, that cul-de-sac remains in its existing state; therefore, any proposed modifications in tenas of the parking lot will have to meet setback requirements to the cul- de-sac. That means the plan as submitted does not conform. Ms. McPherson stated that is correct. The plan will have to be modified in order to meet the zoning code requirements. Mr. Dahlberg stated it is possible to make those modifications with some minor adjustments. They could eliminate a few parking spaces and still access the cul-de-sac in the same location. Ms. Kemper stated she thought they would be comfortable with that. She stated it is their desire to make the sanctuary handicapped accessible, more Sunday School space and fellowship space, preserve the historic part of the building, and make their building more attractive. She stated they have a membership of 43 families so the impact in terms of traffic will be minuscule. Mr. Peter Eisenzimmer, 6535 Oakley Drive, stated that it seems their petition is not even being considered. The church is being allowed to do whatever they please, and the church does not even ` pay taxes. Who will pay for the extension of Oakley Drive to their property? Ms. Kemper stated the church will be paying for the water main loop and the extension to Oakley Drive. OM TION by Mr. Kondrick, seconded by Ms. Sherek, to close the public hearing. IIPON A VOICE VOTE� ALL VOTING !►YE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMODSLY l�IdD THE PIIBLIC HEARING CLOSED AT 11:45 P.M. Mr. Dahlberg stated he felt it is impossible for the City to not allow a property owner to access a street if the property fronts on a public right-of-way; however, he would still encourage them to consider access from 67th Avenue. With some minor modifications to the parking lot, they can meet the setback requirements. The neighbors did seem to be in favor of the church making improvements, and he saw this as a definite improvement to the overall neighborhood. He stated he thought the Michael Servetus Unitarian Church will continue to be a good neighbor, and he could see no reason to deny the special use permit. Mr. Kondrick stated he agreed with Mr. Dahlberg. ' : : �LANNING COMMISSION ?IEETING. �PRZL 25, 1990 PAGE 29 Mr. Betzold stated it is regrettable that this special use permit had to get wrapped up in some other issues. He stated the Michael Servetus Church has certainly been a good citizen of Fridley, and he would vote to recommend approval of the special use permit. O� TION by Mr. Dahlberg, seconded by Mr. Kondrick, to recommend to City Council approval of Special Use Permit, SP �90-05, by Kate Kemper for the Michael Servetus Unitarian Society, per Section 205.a7.O1.C.(2) of the Fridley City Code to allow the expansion of a church in a residential district, on Outlot A, Michael Servetus Addition, generally located at 980 - 6�th Avenue N. E. , with the following stipulations: 1. 2. A grading plan shall be submitted prior to the issuance of a building permit. The revised landscape plan shall be submitted prior to the issuance of a building permit. 3. The site plan be modified to reflect the requirements for parking setbacks and number of parking stalls as required by City code. IIPON A VOICE VOTE, l�LL VOTING l�YE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRZED IINANIMOIISLY. Ms. Dacy stated that on May 7, the City Council will establish a public hearing for the plat, vacation, and special use permit for May 21, 1990. 4. CONSIDERATION OF A LOT SPLIT REOUEST L S #90-01, BY__ROGER AND MYRA HANSON: To split off the southeasterly 90 feet of Lot 8, Block 2, Moore Lake Hills Addition, to create a separate single family Iot, generally located at 6065 Central Avenue N.E. Ms. McPherson stated the petitioners are requesting that approximately 94 feet of Lot 8, Block 2, be split off to create a buildable single family lot. The property is currently zoned R-1, Single Family Dwelling, and there is an existing single family home on the lot. Mr. and Mrs. Hanson reside in this home at the present time. The new lot will front on Woody Lane. Ms. McPherson stated that there are some drainage issues staff has asked the petitioners to consider, and they have submitted a preliminary drainage plan. The existing lot changes dramatically in topography across the width of the lot and across the depth of the lot. Staff is concerned with the drainage issue for the new lot on Woody Lane, as the run-off from the new dwelling unit will impact the adjacent neighbor to the south. The preliminary drainage plan would create a swale along the south property line 4CC PLANNING COMMISSION 1�IEETING, l�PRIL 25, 1990 PAGE 30 along the existing dwelling which will allow directed toward Central Avenue instead of to the In conjunction with the lot split, there woul utility easement reserved along the south maintenance of the swale. the drainage to be adjacent neighbor. d be a drainage and property line for Ms. McPherson stated another issue staff is concerned about is that by allowing the lot split, a nonconforming lot would be created for the existing dwelling unit. The rear yard setback has been calculated at 25$ of the lot depth. For the new lot for the existing home, the lot depth would be approximately 36 feet. As proposed, the new lot line would create a year yard setback of 29 feet, which would create a nonconforming situation. Ms. McPherson stated that due to the fact that this lot split would create a nonconforming lot, staff is recommending that the Planning Commission recommend denial of the lot split. However, if the Planning Commission does choose to approve the lot split and acknowledges the setback variance for the existing dwelling, staff recommends the following five stipulations: 1. � 3. 4. 5. The petitioner shall move the existing chain link fence from its current location to a location closer to the new lot line. The petitioner shall install erosion control structures (silt fence with hay bales) while the new dwelling is under construction. The swale to be constructed along the south property line of the existing house shall be revegetated as quickly as possible. The petitioner shall maintain the swale for one year after construction. Park dedication fees shall be paid at the time of the building permit issuance. Mr. Roger Hanson stated he and his wife moved to Fridley three years ago from Texas. They like Fridley and want to stay in Fridley. His wife works at Totino Grace High School, so this is an ideal location for them. He stated his wife has health problems and cannot climb stairs. Their present house has stairs, and that is why they want to build a new house on the new lot. They have no objections to any of the stipulations. He has done a lot of work terracing the property now to help stop erosion problems. He stated he has polled all the neighbors who adjoin their property, and no one has objected to this lot split. 4DD �LANNING COMMISSION M$ETING, �PRIL 25. 1990 PAGE 31 MOTION by Mr. Kondrick, seconded by Mr. Saba, to recommend to City Council approval Lot Split request, L.S. #90-01, by Roger and Myra Hanson, to split off the southeasterly 90 feet of Lot 8, Block 2, Moore Lake Hills Addition, to create a separate single family lot, generally located at 6065 Central Avenue N.E., with the knowledge that by approving this lot split, they are creating a nonconforming use on the original lot, and subject to the following stipulations: 1. The petitioner shall move the existing chain link fence from its current location to a location closer to the new lot line. 2. The petitioner shall install erosion control structures (silt fence with hay bales) while the new dwelling is under construction. 3. The swale to be constructed along the south property 1 ine of the existing house shall be revegetated by November 1, 1990. 4. The petitioner shall maintain the swale for one year after construction. 5. Park dedication fees shall be paid at the time of the building permit issuance. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMODSLY. 5. RECEIVE THE APRIL 5 1990 HUMAN RESOURCES COMMISSION MINUTES: MOTION by Ms. Sherek, seconded by Mr. Kondrick, to receive the April 5, 1990, Human Resources Commission minutes. - IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. 6. RECEIVE THE APRIL 10 1990 APPEALS COMMISSION MINUTES: MOTION by Mr. Kondrick, seconded by Ms. Sherek, to receive the April lo, 1990, Appeals Commission minutes. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOOSLY. 4EE pLANNING COBII�iI88ION KBETING, �PRIL 25. 1990 PAGE 32 ADJOURNMENT• MOTION by Mr. Saba, seconded by Mr. Dahlberg, to adjourn the meeting. �pon a voice vote, Chairperson Bet�old declared the �otion carried aae the l�pril 25, 1990, Planninq Commission meetinq adjourned at 12:is a.�. Respectfully submi ed, .7 ��'�-- yn Saba Recording Secretary f 0 8 Z G N- IN B H E E T pL1�NNZNG COMKZtiBION ltEETING, APril 25, 1990 Name Address/Business /�, I�*�i # ,,�J l / /�•� � �l" t // ( � c�r� !� (c% � �C% �.�_ :./f �'��� �-�: G : . — �.�7�`,-� � .� �P�I�7 D 1 (ii � � D l� q� I�-�o ; �- � , � � ; "' � -,.�lc -�7 �,� - ,��t.' ��.C'� �''" � � �- �- _ � �5 � � � - ��= �4 " , � ; � � � � � �� /�{� u !! ' '� , e� �. c /�r� T ����: i i - r� e� alo►- 3'" � er� r° �96- � I �v;i1 ���v.-. N Jo 1Q �s s i C��ItSe Si� s s^y3� : � ��- '''� , l i� ; � � , (�' �'j � l �% � � / , T " '�',� , � .'+ � . i -! 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" �i -' , . h � / � � ,�/'..�` �. � � � s1 � S - � r / � �1 > � - �- , ,� �- � �) � � �� . /,�-C � i�, i �j,✓,� lt � �' / _� C, L1 Z�.l; � � �'1�� %� �,� C� / ' ) / i �,� L;.c �t� �,� -�;�� � � �-- �! � r � % Y �� ��:��.�-^-- y��, L,'��� ��.� --� � ��t l , �_ ;, , � ��'_�. �, c,!� i j i . �' � �r %J�' � �- G� i ^ � �; � � �_ �c-, � C- _ �, � �'�-. � -�" . .- � � 1-t� n� -'�_.J- h ,� � �_ 1� - �.� ` � � . ��' /� 1� .: �fz. � �' - .� �� � � ; � � , Z � n � �;..� _ �. , �..� �"?�� r�ti<.�t�.-u_.: � ...,� ��c ' � � unroF F� �� C011IlMUNITY DEVELOPMENT DEPARTMENT MEMORANDLIM DATE: May 3, 1990 /'j• • �� TO: William Burns, City Manager �� FROM: SUBJECT: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Establish Public Hearing for Rezoning, ZOA #90- 02, Fridley Town Square Associates Councilman Billings has requested that the City Council establish the public hearing for the rezoning request from C-1, Local Business and R-1, Single Family Dwelling, to S-2, Redevelopment District by Fridley Town Square Associates for June 4, 1990. Staff recommends the City Council establish June 4, 1990 as the public hearing date for this rezoning request. BD/dn M-90-299 4JJ1 � t ��N � FRI DLEY REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION 4KK STAFF REPORT APPEALS DATE PLAMrVG COWMISSION DATE : Ap r i 1 2 s, 19 9 0 �TY (��1GGL �A� : May 7, 1990 AUTHpq BD/dn SITE DATA SIZ E DENSITY PRESENT ZON�1G ADJACENT LAND USES � Z�i� UTi1TE$ PARK DEDICATION ANALYSIS FlNANCIAL IMPLlCATIONS CONFORMANCE TO COMPREFfJ�tSNE PLAN COMPAT'BILITY WITH ADJACENT USES 8► ZONNG ENVIRONMENTAL GON.S�ERATIONS STAFF RECOMMEPIDATION APPEALS RECOMMENDATION PLANNING COMMtSSION � RECOMNIENDATiON ZOA 4690-02 Fridley Town Square Associates and Urban Commercial Devel Rezoning from R-] and C-I to S-2 Northeast corner of University Avenue and Mississippi Street 2.86 acres NJA R-1 and C-1 North - R-1, Single Family; East - R-1, Single Family; West - C-3, Shopping Center; South - S-2, Redevelopment Services available Park dedication fees payable at time of building permit HRA has approved conceptual agreement for TIF assistance Yes Yes N/A Approval with stipulations Denial; 4 to ] 4LL Staff Report ZOA #90-02, Urban Commercial Developers Page 2 PROPOSAL The petitioner is requesting a rezoning of Lots 10 through 12, Block 2, Rice Creek Terrace Plat l, which contains the 10,000 Auto Parts building and is now zoned C-1, to the S-2, Redevelopment District. Lot 9, Block 2, Rice Creek Terrace Plat 1 and Lots 12 through 16, Block 3, Rice Creek Terrace Plat 2 are now zoned R-1 and are also proposed to be rezoned to the S-2, Redevelopment District. Lots 13 though 16, Block 3, abut 66th Avenue and are now vacant. Lot 9 and Lot 12 contain existing single family homes. All of the properties, except for Lot 9, Block 2, and Lot 12, Block 3, are part of the Center City Redevelopment District. Should the project and the rezoning be approved, the HRA and the City Council would initiate the process to add these two single family lots to the Center City Redevelopment District. The petitioner is proposing to construct a 28,230 square foot one story neighborhood retail center. The developer has purchase agreements with the two single family property owners, and the owner of the 10,000 Auto Parts site. ADJACENT ZONING AND USES To the south of the site across Mississippi Street is the S-2 District, which contains the Target Northern Operations building, the Municipal Center, and the Fridley Plaza Office building. Holly Center is zoned C-3, General Shopping Center District, and is located in the northwest corner of the intersection. A variety of commercial uses are located in the southwest corner of the intersection, and they are also zoned C-3, General Shopping Center District. The southwest corner contains ten acres and is known as the "Southwest Quadrant". It is a major redevelopment priority for the City. Single family uses and zoning exist to the north and northeast of the subject site. All four corners of the intersection are within the Center City Redevelopment District. ZONING HISTORY The Rice Creek Terrace Plat 1 contains the platted lots along Mississippi Street and was p].atted in 1942. The Rice Creek Terrace Plat 2 which is located to the north and northeast on 66th Avenue of the subject property was platted in 1950. The subject property has been zoned C-1 and R-1 since 1958 ; however, there have been other rezoning requests regarding this property. In 1962, Theisen's Market (the Theisen Partnership still owns the property) petitioned to rezone Lots 13 through 16, Block 3, Rice Creek Terrace Plat 2 from R-1 to C-1 (these are the lots which abut 4MM Staff Report ZOA #90-02, Urban Commercial Developers Page 3 66th Avenue N.E.). The proposed building was not only to contain the grocery store but other retail facilities as well. The building was proposed to be located in a north/south fashion, facing University Avenue with the rear of the building parallel with the east lot line. At that time, access was proposed from 66th Avenue as well as from Mississippi Street. On June 28, 1962, the Planning Commission recommended denial of the proposal. Our records indicate that no further action was taken by the City on this matter until 1964, at which time another rezoning application was filed from R-1 to C-1S. On May 14, 1964, the Planning Commission recommended denial again on the rezoning action. This matter was considered by the City Council on May 18, 1964 and the rezoning request was referred back to the Planning Commission to do a land use study of the Mississippi Street and University Avenue intersection. The City at this time apparently began its planning process for this area. The City Council took no action on the rezoning request and advised Mr. Theisen to work with the HRA regarding the redevelopment ideas for the intersection. In 1965, the City approved the construction of the existing cammercial building now occupied by 10,000 Auto Parts and Kokesh Motorcycles. Originally, the building was used as a grocery store. In 1973, another rezoning request was filed to rezone the same four lots from R-1 to C-1 for a proposed hardware store. The petitioner at that time was the Bryant-Franklin Corporation. The Planning Commission recommended denial of the rezoning request. On February 26, 1973, the City Council denied the rezoning request. In 1977, the Red Owl store vacated the building and since that time, a variety of uses have occupied the building, including a furniture store and carpet remnant facility. CENTER CITY REDEVELOPMENT DISTRICT The City Council approved the Center City Redevelopment Plan on May 15, 1979. The findings for the tax increment district referred to the "severe traffic safety problem" at the intersection of University Avenue and Mississippi Street. Secondly, the findings noted that the land north of 10,000 Auto Parts "has not been commercially developed or intensely developed, due ta severe access and traffic problems, small land area, and its location abutting a single family residential area". The redevelopment plan noted that the land area has had several proposals for development but because of the traffic problem, small land area, and its location near a single family residential area, each development proposal has been denied. 4NN Staff Report ZOA #90-02, Urban Commercial Developers Page 4 In an attempt to develop this intersection in accordance with the objectives of the Center City Redevelopment Plan, the HRA has assisted in the reconstruction and rehabilitation of the Holly Center and has completed redevelopment of the southeast corner where the Target Northern Operations building now exists, as well as the Fridley Plaza Office building. The HRP, has considered the impact of the redevelopment of the northeast corner on potential redevelopment uses at the southwest quadrant. If the proposed retail center is constructed on the subject property, the uses in the southwest quadrant will more than likely consist of a mixture of office and residential uses rather than retail uses. On April 18, 1990, the HRA recommended approval of the proposed development plan as is required by the S-2, Redevelopment District. The HRA discussed the issue of the impact of the proposed retail facility on existing retail within the area. The petitioner presented a"competition profile" (see attachments) which noted the following findings: 1. Walgreen's is the proposed anchor tenant and will occupy 11,000 of the 28,000 square foot facility. The remaining 17,000 square feet will be added to retail stock into the City. The petitioners state that this is a relatively small amount of retail to add to the existing stock of retail centers. 2. The intent of the proposed shopping center is to serve as a neighborhood facility and to take advantage of the existing traffic flow along University Avenue and Mississippi Street. The petitioners state that they believe that it will not adversely affect Holly Center or Moore Lake Commons. 3. The HRA chairperson noted that the proposed project is a modern facility which may attract existing tenants from other less desirable centers around the area. The Commission chairman noted a long term goal of the Center City District is to redevelop the Moon Plaza property as well as other blighted commercial areas along University Avenue. The HRA also approved preparation of an approximately $300,000 pay- as-you-go redevelopment agreement to be reviewed at a future meeting. REZONING REQUEST In evaluating rezoning requests, the City should determine whether or not the proposed intent of the district is compatible to the aoo Staff Report ZOA #90-02, Urban Commercial Developers Page 5 existing zoning and existing uses, and whether or not the proposed uses permitted in the district are compatible with the existing conditions. The ordinance states that the purpose of the S-2 District is to: 1. allow for a mixed use development within the redevelopment ` districts; 2. allow maximum flexibility in the promotion of difficult redevelopment projects; 3. allow for a development by a plan which is acceptable to and in the best interest of the City and overall district and development plan. The S-2 District requires that the only uses that are acceptable within the district are those that are presented in the specific development plan approved by the City. The ordinance also provides that those uses which are determined to be unacceptable to the overall redevelopment plan shall be excluded from the S-2 District. As a way of comparison, the S-2 District is very similar to the intent and purpose of a PUD district. While the subject proposal does not include housing, there will be a mixture of retail and office uses within the development. As the redevelopment plan for this district notes, because of the small land area involved with this project as well as its location next to a single family district, the flexibility provided in the S-2 District is necessary to accomplish a redevelopment project in concert with the objectives of the Center City Redevelopment District. SITE PLAN ANALYSIS Because the intent and the uses permitted in the S-2 District is based on a specific development plan, the analysis to determine whether the rezoning is appropriate is based on the following issues: 1. Site plan design and relationship to the surrounding neighborhood 2. Traffic impacts 3. Relationship of the proposed plan to the ongoing light rail transit planning 4. Consistency with the redevelopment objectives of the Center City District 4PP Staff Report ZOA #90-02, Urban Commercial Developers Page 6 SITE PLAN DESIGN The enclosed site plan in this report represents a revision from the original plan presented to the neighborhood at the first neighborhood meeting and to staff upon initial application. The plan has been revised such that the parking spaces provided for the development is calculated on a 1 space per 200 square foot ratio, and secondly, that the setbacks along the north lot line along 66th Avenue and along the south lot line along Mississippi Street have been increased to 15 feet. The total lot coverage has been reduced from 90� to 84$. The S-2 District does not require specific setbacks, but the plan has been designed to meet as much of the typical requirements as possible. The S-2 District does require that the performance standards (screening, drainage, lighting, etc.) of a similar district be met. The site design differs from a typical C-1 zoned property in that the building setback along University Avenue is 30 feet rather than the required 35 feet. Secondly, the parking lot setbacks along public right-of-ways are typically 20 feet. Fifteen foot setbacks are proposed along 66th Avenue and Mississippi Street and a five foot setback is proposed along the east and west lot lines. A LRT station and platform is proposed to be located between the west side of the building and University Avenue. The reduced setback should not adversely affect the neighborhood or operation of the LRT station. Concerning the parking lot setbacks along Mississippi Street, because there is only one entrance for all types of traffic movements, both trucks and automobiles, the petitioner wanted to reserve a wide aisle width (28 feet) between the most southerly row of parking and the Mississippi Street parking setback. Trucks entering the site will proceed in a one- way traffic pattern around the site from west to east. As to the setback along 66th Avenue, 15 feet has been created to match the typical ordinance requirement for a typical planting strip along right-of-ways across from residential districts. Within the 15 foot strip, the petitioner proposes to install a six foot masonry wall and landscaping. The six foot wall is proposed to be continued along the east lot line coupled with various plantings of five foot tall lilacs and boston ivy plants. On July 5, 1966, the City Council waived the 15 foot planting strip along the east line so that a six foot redwood fence could be constructed between the Red Owl property and the single family neighborhood. This policy has been enforced in other areas of the City (for example, between the commercial properties along the University Avenue frontage road and the rear of the residential properties to the east, south of 61st Avenue). 4 ! ! Staff Report ZOA #90-02, Urban Commercial Developers Page 7 The petitioner has held two neighborhood meetings and has been trying to work with the property owners immediately abutting the site as to their desires for screening and landscaping. The construction materials of the proposed building will be a rock face masonry block accented by a maroon stripe. A blue mansard roof is proposed. The screening wall will match in color to the exterior of the proposed building. Staff recommends that six additional American Linden trees be installed along the north lot line 50 feet on center. Staff also recommends replacing the Honey Locust species with hackberry, and the annabel hydrangea with rosa rugosa species. The Honey Locust species may not survive in small compacted areas, and the rose bush species are more salt tolerant. Three 20 foot light standards are proposed in the southern-most parking aisle. "Shoebox" high pressure sodium lights are proposed. The shoebox design shields the source of the light from neighboring residences and directs the glare of the light down on the property. The height of the building will also help screen the lights, as the height varies between 20 to 25 feet. UTILITIES Runoff from the property will be directed to the north and south. The runoff from the northern part of the property is proposed to be directed to the north of the site into a series of catch basins from the northeast corner to the northwest corner into the catch basin on the corner of 66th Avenue. On the southern part of the site, two catch basins are proposed between the two parking aisles in front of the building which will eventually direct it south to an existing catch basin in Mississippi Street. Drainage calculations must be submitted at time of building permit. Utility service to the property will be provided by connection to the water main and sewer service in 66th Avenue. TRAFFIC IMPACT The City hired Barton-Aschman and Associates to analyze the impact of the proposed development on the existing traffic system as well as the proposed intersection improvement contemplated by Anoka County. The study has been included in the packet under separate cover. We also plan to show a video tape of the existing traffic conditions at the intersection at peak hour between 4:30 p.m. and 5:30 p.m. The neighborhood was concerned that the traffic queue from traffic waiting at the University Avenue stoplight backs up such that it would block the proposed intersection. Secondly, the neighbors are 4RR Staff Report ZOA #90-02, Urban Commercial Developers Page 8 concerned about the turning movements into the site as well as out of the site. In order to improve the access situation, the distance between the intersection and the entrance into the property needs to be lengthened. Consequently, the petitioner has executed purchase agreements with the property owners at 355 Mississippi Street and 368 - 66th Avenue. The additional frontage along Mississippi Street provides 340 feet between the property line along University Avenue and the entrance into the property. This distance exceeds that of most frontage road entrances by 100 to 150 feet (i.e. Osborne Road, 73rd Avenue, and 61st Avenue). The. videotape will indicate that stacking does not occur on Mississippi Street past the 10,000 Auto Parts building during peak hour. This entrance into the property will occur approximately where the driveway to 355 Mississippi Street now exists. Secondly, the videotape will also show that eastbound traffic on Mississippi Street waiting at the stoplight on the west side of the intersection is divided into two lanes. The videotape will show that the farthest left turn lane is used exclusively for the left turn movements and that the optional lane is primarily used for the through traffic. Traffic does not begin to merge over into the left hand lane until one passes through the intersection and proceeds to the area of the Target parking lot. Given that the entrance into the development will be farther east than the access now exists, additional sight time is provided for the driver to notice cars waiting to turn left into the site. Please refer to the findings on pages 17-18 of the traffic study. It analyzed the turning movement impacts from the site and determined that the proposed development will not significantly reduce the level of service in either the existing or the proposed geometric design of the roadway. The consultant has recommended that the proposed driveway entrance for the site be designed with an 18 foot entrance lane, and two 12 foot exiting lanes. TIMING WITH THE MISSISSIPPI STREET IMPROVEMENTS Anoka County has developed construction plans to improve the capacity of Mississippi Street and to improve the signal phasing of the intersection (a copy of the improvements is included in the attachments). The Anoka County Public Works Department has advised the City that the proposed development plan is acceptable with the existing design of Mississippi Street. Shifting the driveway to the east improves the existing traffic situation, as described earlier. It is the City's intent to work toward a 1991 start date on the Mississippi Street and University Avenue intersection improvement project. Anoka County is awaiting the necessary right- 4SS Staff Report ZOA �90-02, Urban Commercial Developers Page 9 of-way easements from the City on the west side of University Avenue to initiate construction. The HRA is currently working with the necessary property owners to obtain these easements. LIGHT RAIL TRANSIT Tim Yantos, in a letter dated April 19, 1990, summarizes the Anoka County Regional Railroad Authority's current position on the proposed development. Yantos requests that easements be reserved along the Mississippi Street property line, the east lot line, and on the property itself. Initially, the ACRRA intends to use the site as a kiss-and-ride location. Buses would drop-off potential riders on Mississippi Street. Should the need arise for all day park-and-riders, ACRR.A would create an additional row of parking stalls along Mississippi Street. If long term demand shows an even greater need for additional park-and-ride facilities, ACRRA may consider constructing a park-and-ride lot north of the site between 66th Avenue and 67th Avenue, requiring acquisition of about eight homes. Access would be only from Mississippi Street, and the driveway to the park-and-ride along the east side of the proposed building would have to be widened. • It should also be noted that the peak hour of the LRT traffic in the evening will �be later than the peak hour for the shopping center. This is based on information provided by ACRRA's consultant. PROPERTY VALUES The City Assessor has analyzed the impact of the proposed center onto adjacent property values (the City Assessor will be present at the meeting to answer questions). The Assessor states that a possible valuation decrease could occur on the two homes that abut the project on the east and the homes immediately north on 66th Avenue. But, there are no direct comparables to determine whether or not these valuations will be accurate. STJNiMARY AND RECOMMENDATION The proposed site development plan is compatible with the adjacent uses and zoning. Given the HRA's analysis that the project is consistent with the Center City Redevelopment Plan, the positive conclusion of the traffic study and the proposed site development plan, staff recommends the Planning Commission recommend approval of the rezoning request from C-1 and R-1 to S-2, Redevelopment District, subject to the following stipulations: 1. The development shall be constructed in accordance with site plan dated March 8, 1990, as represented in ZOA #90-02. 4TT Staff Report ZOA #90-02, Urban Commercial Developers Page 10 2. The landscaping plan shall be revised to include: a. six American Lindens along the north lot line; b. Honey Locust trees shall be replaced by Hackberry trees; c. Annabel Hydrangea species shall be replaced with rosa rugose. 3. The petitioner shall pay park dedication fees prior to issuance of the building permit. 4. Storm water management calculations shall be submitted prior to issuance of the building permit. 5. All rooftop equipment shall be screened from view from the public right-of-ways. 6. The petitioner shall obtain development contract approval from the HRA. 7. The petitioner shall execute a maintenance agreement for the landscaping and parking areas. 8. No automotive service uses, car sales, or other outdoor repair/display uses shall be permitted. 9. The City shall have the right to review each use within the center to determine whether or not it is consistent with the intent of the Center City Redevelopment Plan. 10. The site plan shall be revised to provide one 18 foot entrance lane and two 12 foot exit lanes. 11. Shared parking and access easements shall be provided on the property for LRT kiss-and-ride traffic, and specifically along the east and south lot lines. 12. All lighting shall be shielded such that the glare does not adversely affect residential properties. 13. All parking and driving areas shall be lined with concrete curb. 14. All dumpsters shall be screened in accordance with the City's ordinance. 15. Underground irrigation shall be provided to landscaped areas. 4UU Staff Report ZOA #90-02, Urban Commercial Developers Page 11 16. A comprehensive sign plan for free-standing and wall signs shall be submitted for review and approval by the City Council. PLANNING COMMISSION ACTION In a 4 to 1 vote, the Planning Commission recommended the City Council deny the rezoning request, ZOA #90-02, from C-1, Local Business and R-1, Single Family, to S-2, Redevelopment District. The Planning Commission determined that the LRT issue should be resolved prior to making a recommendation for the development of the property for commercial/retail use (please refer to minutes). CITY COUNCIL RECOMMENDATION The zoning ordinance requires the City Council conduct a public hearing for rezoning requests. Councilman Billings has requested that the public hearing be conducted on June 4, 1990. Staff recommends the City Council establish the public hearing for June 4, 1990. CITI' Ol' FI:ID]•�Y PLT I'TION CO'JF:R Si{ELT Petition No. 1-1990 _ D1te F.E=eived Mareh 12, 1990 Cbject Opposed to Urban Commercial Developer's proposed _ 28,000 square foot "town square" retail sho inq center at the northeast corner of University Avenue and Mississippi Street Date - P�tition CheckEd By per.cent Sibnir.g Referred to City Council Disposition 4VV 4WW PETITION We the undersigned are opposed to Urban Commercial Developer's proposed 28,000 square foot "town square" retail shopping center at the northeast cozner of Unive=sity Avenue and Mississippi Stzeet. This development is unwazranted and would greatly diminish the quality of the adjoining residential neighbothood. Specifically, we believe there are several zeasons why this project should not be approved as proposed: (1) It requires the removal of two existing homes and the ezection of a towezing concrete wall along the perimeter of the property. The sheer magnitude of the wall would be an eyesore to residents in adjacent homes and would czeate resident concern about maintainence of a graffiti-free wall. (2) We recognize the fact that an undezground sprinkler system is to be installed, but that alone does not assure that the grounds will be well manicured. (3) The same type of retail shops as are being propose� on the 10,0g0 Auto Parts site already exist at Holly Center just across the street. Additional retail is not necessary in such close proximity to Holly Center. (4) Residents aze concerned about the negative impact increased tzaffic along Mississippi Street will have on the safety of children walking to and from Hayes School and on the increasec3 potential foz accidents and bottlenecking due to the stacking of cars making a left hand tuzn into the shopping center from the eastbound lane on Mississippi Street. (5) Many zesidents in the neigborhood abutting this proposed development have resided in their home for years and years. They take pride in their immediate neighborhood and consider their residential area to be much more than just a home on a street in Fzidley. We are requesting the Planning Commission recommend this proposed development BE VOTED DOWN by the City Council and that the City Council adhere to that recommendation. � Name Address 4XX � r��� . D �� � �/_ , ! . � " - � ��� , �� �°�� r �- '- =� ' ; �, /- ��/'��.. ✓ ,U ..� �L�� . __ � Address Name i . - i � ���� .� -r-1 ��v `/ — �� ��}�+�'-c �/ �� - �, �, . m,�— . /►-� ��1- f��� �`�l ��� �ls � S � - (�(� `� I�i,�c �� � S? � �c�"' /-�� - �'t, �� y L 3�� ��'�c�' �� �,,,�_ L�(.�2� v n � � � _ �.� _. . Z�0 ��'N� 0 � � �� 1 Address Name � � _ �-^ . �yc ' _�._ _�_��'_ _l � � 4 4"2 _ 1`-1 � s� � s � ��' �`'�=- 2 �� �..J „ r �.J� �� � t »�� — ,�. , � — -�, a 3� i � �; ,� �-��, � k;� � cc — -�-�- � � Lc�;�s�..�s�� .� yt � � � � ������=-�� � , Jr.< -�_ 0 l/� cl � �. � �,��--= { _7,1 ��% �.�--- %�. �� � -- - ^ � -- ,� . '� � _ . ,' — - f �r �_ � >r:.i 1.�,- ---r '�' � - •.._- � � �— �� 30 ��y� , ��-!��--- �'�'-� �,n s� .�� 1��-�-� �-�-- . _ _._._ �5 3� c�,�..�� �..� � s3 � ---- -==�`` �--'�e '/� • ^ _ , - - j-I ' =� ' � -^ . ' //� -��f���!.K ��� L : � � ,� _ � 4ZZ � .S (; Z ,� n. t �.0 : � -��' � 1 � l�� ,�� t �� - . . �- , � �. -- - �:�..�_-�—� � - - .-- ��� /�� _�y L� -% ,'��N�� A�«Ss 4AAA . / � c��+,�� S c-!�c a � � . ���/. /� �ti� ,� �,,�� � �� , � L, I � �J�� �����i GL����� -0 G�.�-�, i c % �a,:,�.. t� , . � � �� �� loss y u�,,�vec,a�,�, ��c ��� 6J'i� M,�+�r� /"�� � �— „ ., ��SS� ����� ���,� . �� ��� �� �/ / � � 5 f'� i't -►� � v o r s �� �� v{� h � � 5 �Z �/,v � vr� �. ti�� . . , ' S-� N� a �{ � �� � .�.� � s-s i � �� � CITY OP FI:IDI.EY P�TI'iION C(>'d: R SHEL•'T Petition No. 2-199Q_— Date F.eceived April 23, 1990 Object �posed to Urb n � — 28,000 square foot "town square" retail shoppiing _ center at the northeast corner of University Avenue and Mississippi Street P�titio�1 Checked Iiy Date Per.cent Signing Rt-ferred to City Council Dis?osition , � 4CCC PETITION hTe the undersig,�e� are opgosed to Urban Commercial Developer's proposed 28,000 squarE foot "town square" retail shopping center at the northeast cci�er of L'niversity Avenue and Mississippi Street. This develo�ment is ::nwarranted and would greatly diminish the ouality of the aojoir_ng resiccntial r,eighborhood. Specifically, we believe there aze severa] re�sons why this pzoject should not be approved as proposed: (1) It requires the removal of two existing homes and the erection of a towering concrete wall along the p�rimeter a_` the property. The sheer magnitude of the wUll would `.2 an ey�•�ore to residents in adjacent homes anc would c:eate resident concern about maintainence of a yraffiti-free wall. (2) We recognize the fact 'that an und�rground sprinkler s��stem is :o be ir.stalled, but that alone does not assure that the grounds will be well manicured. (3} Ti-�e same t�•re of retail shops as are being proposed on t}.e 1?,�CC Nutc Farts site a2ready er.ist st Hclly Cc-nter jus� across the street. Additional retail,is nc'� necess�r:• ir such close proximity to Holly Center. (�) F.csidents �=e concerned about the negati��e impact ir.��reased t�aific a?ong Mississippi Street will have on tt�e saiety cf chi].cren walking to an8 from Hayes School and on the incz�ased potential for accidents and bc,' tleneckii:� due to the stacking of cars making a left h.:nd turn _rt-o the =hoppino center from the castbound 1= :,e nn N,i �_� ssippi Street. (5) N,�.ny resi�'�;nts in the neigborhood abutting this p�cpcsed c_.clopmer�t have resided in their home for y��r:rs and _ears. They take pride in their immediate ncig}�l�onc�:.� and consider their resiuential area to be m�.:�•h more t'.-;�n just a home on a street in Fzidley. ��7c are reau�-ting th� ^lannin; Commission recom�end this proposed dev�lopment �E VOTE� �•OW2� by the City Council �n8 that the City Counci 1 adhere to th4 � reco�rr�enc�ation. 4DDD �-. � � - � �� ._ , � �Ey �-° �y9 _?/�3/� 9 ��. � F�t 4EEE . ._. _ __'.�� � � � - 1 ..��.� �...����.� ... -...�. _..._ . _ .. %�. - - -- ______. _ _� .. _��_-�� - �,L�-� /G,./�?9�� ,// .. _---�� _ _ � . _-� - .� _ . . --- --�}-.�. - - _z`�._ �?_ _.� . .�.�•�,.a.-�y. /�-,- " ' - - ` -, .�? � - _ �� _ .. _ _ . �'„"�-- - � � _.. �mrt�-rL� � . . _- .-- - - _ ._..__ �.... _ . ... / /-�,� ` . _�- � v-� � 1th L�v _ __. __�i-Y'r-, � %S�- .��.� ��-Y-� _ . . � ��',�,. - �Svc�c.,�,.�,:/ � � -✓� w-v-z.L � �t-� � .�,e. �Z.� /-,...e_ � - � _. ��.� � � ��-�._ � � ��� L vz�� . �-s.s�t�/ne_s��.�� .. .�c d-c.��. �� �'� , /, ° , • Z"l,� -���t/ �rL4� � O�� Cs-i �� � �"� C J +C o-a�Z� /�C�e.� ..�' `-^"�-+'L �-�S �-GC � ° �e � �` � � --y� �� /� /� � �Z.-Lt-C'.0 /u-Z-c-yG� �p-H�L...G�'7�L� ••� lefZ c.' L-�-L^��,�,�'t" G�LlZL. rz� / � / � ".J�'-�--a--G ^ 6-=. � �L�L. .� -�`�.° — -, G��+i"�-"r �-� 7 � ///� y�� ) "'=�P yLZ �-s-:�c� e / � " .� � ,� ��.,� .� .�.v � J /"' �(` .� e j� �� ..��0'-�._ � �• • v d -�"�- � � f�•-�� T -.� b.L___ ��--�5 ^ GZZ�� c-��-c�� L � .�,-L o� �G � —v�-s- ', !-��,.,���� ��� �r�c s-c�. �-�/ - // � - -- - ----_.... .__ ._..__ _.-�--..__.._.. _ ___. _.._ �� '�������9"�"�/ �\+_-� . _.. ..._ _ -_•_ ._, __ _.__ . ��L/ , r.._.. . . - -��� - j - �� ��zY. ��" � ?�.,�� � � 205.22 �2 RIDivIIAP!'�NNT DLS'II2ICT RB�JI1►T�1S 0 �1' '� r� �e purpase of this special zoning district is to: A. �►llow for a mixed use development vithin special tedevelofr►e�t districts set up under Chapter 462 of Minnesota State Stawtes for the health, safety ana general velfare of the Ci ty. B. Allow for the maxim� flexibility in the promotion of difficult redevelog'�►t projects. C. Alla� for develo��t by a plan whi� is acoeptable to, and in the best interest of, the City and the ovecall district and 3evelopnP�t plan. 2. [)S'E.5 P'f�2t�'iI'rI�D Pemitted uses in S-2 Districts are: Tt»se uses w!.id� are acaeptable to the overall tedevelopment plan and specific developr�ent plans as approved by the City. Upon appraval of the specific develog�t plans, the City shall determine the specif ic uses that are permitted Within the develognent. a. • �� �- . > • - �> Uses alla+ed in each individual building after o�nstruction will be the sar�e as or similar to those uses approved in Section 205.22.2. above. � . C�SFS iatCZtIDm Those uses unacceptable to the werall redevelopment plan and specific develop��t plans, as deterr,►ined by the City, are excluded uses in S-2 Districts. 5. PRDC�SS iVR APPROVAL A Plans foz each individual project or a�r.�bination of pzojects must be submitted to the Planning Corunission for revieW and r�dation to the City Co�cil. �e City C�►a�cil shall have firtial authority to apprwe all project plans. B. Project plans sutrnitted to the plarviing C,Q!nission and City Oo�a►cil shall include the folloWing minim�n ctiteria: .(1) Site plans shoWing the location of buildings, a�f-street pnrking, street and utility locations, auto and pedestrian access to and fran the pcoject, any modif ication to existing services, grading plaris, storm Water plar�c, Duilding exterior finish, li�ting ana 6icpiing and landscape glans. (2) Written aty ataf f revic�r on project compa ti bil i ty to 204�FF s-z Ri7�E\►F1�OPM�2�TT DI.S�tICT RiLZJI.J°►TIDIdS � USFS F'E.W'.I'I'I'ID � � • �.�� 205.52-1 4GGG 5-2 aiscric� the werall teaevelvp��t Plar�• (3) A vritten Housing and Redevelopment lluthotity (8RA) , teFort on project plan appzaval and considerati�s. C. Arry s�sta.�tial modif i�ation to the plan must De submitted through the Planning Comr�ission ar,d approved by the City Oas�cil . 6. PERiv�v� STAr�x+R�s �ow�ua� 1�►11 performance standards foz uses in this district shall be s�.'�xns comparable to other oimilar uses that are a1loWed in otAer d15tf 1Crt6. ❑ 2��.SL-L 4HHH of Minneapolis. Including Minneapolis, Fridley borders aeven ■c�nicipalities: Columbia 8eights, Moundsview, New Brighton, Spring Lake Park, Blaine, and Coon Rapids. Fridley is located in the corridor of Anoka County and aerves as the passageway between Minneapolis and the North Central suburbs, and is an important center of development in Anoka County. Fridley is a first ring Minneapolis snburb and as such developed initially as a'bedroom community" with only neighborhood convenience centers along major access routes. Fridley failed to develop a commercial concentra- tion because no areas were planned that would support a large diversified center. Consequently, Fridley is served by regional centers outside its boundaries and is served Nith scattered and strip oomoner�ial developments. Center City (Tax Increment District No. 1) is such a strip commer- cial development. The City of Fridley has a long standing concern With its commercial development. Immediately after the destructive tornado of 1965, the City began an effort to redevelop. � This 1965 zedevelopment effort was not implemented. Since that tfine, very little development has taken place within the comrnercia2 aren. The important aspect of recalling this 1965 effort is to illustrate that the redevelopment project now being undertaken is an outgrowth of many past de�isions and is not a reaction to immediate problems. Subsection 1.3. Statement and Finding of Public Pur-�%� �se. The Co�mmissioners (the 'Commissioners") of the Sous- �nq and Redevelopment Authority (the "Authority") in and for the City of Fridley, Minnesota (the "City") have determined that there is a need for decelopment and redevelopment within the corporate limits of the City to provide employ- ment opportunities, to improve the tax base and to improve the general economy of the City and the State of Minne- sota. It is found that there are certain parcels of prop- erty within the City which are potentially more useful, productive and valuable than is being realized under exist- ing conditions, and, therefore, are not contribnting to the tax base of the City to their full potential. The Commis- sioners have determined that said parcels of property are deemed to be deteriorated areas, Mhich means any area, in- cluding slum areas with buildings or improvements which, by reason of dilapidation, obsolescence, overcrowding, faulty arrangement or desiqn, lack of ventilation, light, and sani- tary facilities, excessive land coverage or deleterious land use or obsolete layout, or any combination of these or other factors are Cetrimental to the safety, health, morals, or Nelfare of the voiamunity, pursuant to Minnesota Statutes, Section 462.421, Sub. 11. ti `�J� 1-- � � 1 - 3 ~ 4111 SPECIFIC FINDINGS FC1R TAX INCREI�NT DISTRICT NO. 1 (CENTER CITY) INCLIIDE TSE FOLLOWING: l. There is a severe traffic safety problem at two �j�v major traffic intersections within Center City. 'I� IIniversity Avenue at the intersection of Missis- sippi Street has an average daily traffic count of 29,465 vehicles and Mississippi Street at the aame fntersection has an average daily traffic count of 8,500 vehicles. At both the IIniversity Avenue and 61st Street intersections, the Pridley Police and Safety Department has recorded an unusually high incident of accidents to both property and life. 2. The Center City area due to faulty planning ha land areas of vacant land that are stagnant an underutilizec7. Specifically, that land 2ying north of 10,000 Auto Parts has not been commercially developed or intensely developed due to severe access and traffic problems, small land area and its location abutting a single family residential area. This land area has had several proposals for development but the above three factors have caused each proposal to fail. Additionally, vacant land lying south of the Rice Creek Shopping Center is vacant due to poor traffic circulation and faulty planninq that has severely limited frontage ex- posure and access, and its location abutting a residential neighborhood. 3. Existing development of the Christensen Shopping Center is blighted and deteriorated in the follow- ing areas. The Center has insufficient parking by both Cfty ccde and practical experience. The park- ing is poorly designea and must back into a highly traveled service road. The Center is in general disrepair, and lacks land area for sound commercial expansion. This Center occupies a prime commercial site on the southeast intersection of Oniversity and Mississippi. This prime area fs poorly utilized, poorly designed, in general disrepair, and causes poor commercial land utilization in a prime community location. 4. Immediately adjacent to the Christenson Shopping Center is a warehouse land use. This warehouse is owned and operated by Northwestern Bell Telephone Company. The warehouse use requires outside storage of supplies and equipment and utilizes a large 1�.^.d area within a prime commercial and employment area of the City. This use also con- tributes to a general appearance of blight and unkempt conditions. 1 - 4 4JJJ 5. The Fridley Sbopping Center is also blighted by the fact of poor design, poor land subdivision and zoning practices. Adjacent to tbe Fridley Shopping Center are two single family bomes. This site zestriction hampers orderly and economic expansion of the commezcial area. Sufficient land area for modern day commercia2 expansion fs lfmited, severe conflicting land uses are present, and these factors Iead to underutilized and poorly utilized conanercial land development within a prime area of the City. 6. Holly Center located in the northwest quadrant of Dniversity and Mississippi intersection is blighted and suffers from a safety hazard due to poor traffic design. This Center according to a busi- ness survey conducted in l�arch, 1979, is finan- cially harmed due to traffic hazards and access- ability. The aurvey showed over 90 percent of the businesses believe that poor traffic circulation has negatively harmed the economic viability of this Center. Further, Holly Center is poorly designed fn terms of traffic circulation within its own parking lot and egress and ingress onto City streets. This traffic situation and development design is a safety hazard to property and persons as documented by traffic accident counts and causes an underutilization of prime commercial land in the City. 7. In a business survey conducted auring March, 1979, the business respondents feel, as does the City, that Center City is blighted by the fact of unkempt conditions, high turnover of operating businesses and lack of pedestrian walking ways. These condi- tions have been verified through photographs and a business survey. These condi*_ions cause one of the few prime commercial areas of the City to be under- utilized, and to restrict employment opportunities within the City. SPECIFIC FINDINGS FOR TAX INCREMENT DISTRICT NO. 2(MOORE I+ARE ) INCLUDE TIiE FOLLOWING : AREA 1: l. There is a severe traffic safety problem at Highway 65 and Rice Creek Road. This intersection is ser- viced by inadequate frontage roads to the commer- cial strip centers on both sides of the highway. This intersection presently carries almost 35,000 1 - 5 � 4KKK urban commercial developers, inc. FRIDL$Y TOWN SQUARE Competition Profile Fridley Town Square is designed to be a neighborhood service retail center. The tenants will be retail and service busi.neases who perceive a significant demand for their product withi.n the local neighborhood. The center is designed to service some of the everyday needa of the 46,000 people who live within two milea of the intersection of University Avenue NB and Mississippi Street. The center will also aerve the existing traffic flows on University Avenue and Miasiasippi Street (37,000 and 10,000 daily traffic, respectively). Although several retail centers exist at this location presently, alI the needs of the local population are not being met. Many citizens of Fridley drive to Northtown, Columbia Heights and other locations for some of their shopping needs. Shoppers need convenience and will enjoy findi.n.g additional goods and services close to home. Walgreen Drug will anchor Fridley ToWn Square. Walgreens is an 11,000 aquare foot drug store uhich will provide a wide variety of inerchandiae in addition to pharmacy. Walgreens has grown to be the largest drug atore chain in the country. This growth has come from a commitment to the customer and the neighborhood. The success of a new drugstore depends on convenience a�ad acceptance by the community. Walgreens has been welcomed to over 400 new locations i.n the past five years. Will the new shopping center succeed only at the expenae of other retailers? Definitely not. Fridley has groFin a great deal since Holly Center, Rice Creek Plaza and Moon Plaza were built. Fridley has over 10,000 households. These homes are occupied by people who have a much higher demand for goods and services tha.n thase of twenty ysars ago_ The people appreciate convenience and t�,he people benefit by competition. Competitive retailers will assure that the cummunity enjoys a choice of goods and services at fair prices. Will Fridley Tocm Square cause vacanciea at otber retail aenters? No. Fridley Town square will be a 28,000 aquare foot retail facility. Other than Walgreens, the center will bring 17,000 square feet of new retail space to the city. Holly Center is ?3,000 aquare feet. The population growth since Holly was built certainly warrants 17,000 square feet of new retail space. Also, as the city coasiders redevelopment of the southwest quadrant, many existing retailers will be seeking a new location. Fridley To�m Square will provide a location where their existing clientele can coatinue. � 4LLL Will Fridley Town Square cause a slawer lease-up of Moore Lake Com�oons: No. O�ir new retail space of 17,404 square feet could hardly be accused of alowing the Ieasing of over 100,000 square feet of space almost two miles away. The fact that these locations are far enough apart for each to be succeasful, is further illustrated by the fact that the City of Fridley presently operates nnunicipal liquor stores at each of these approximate Iocations. $ach of these locations can be convenient to a profitable custo�er base. Fridley Town Square will be a vibrant, first class shopping facility. The center will be insulated fraa► the adjacent neighborhood by a decorative block wall and extensive landscaping. The parking areas wi11 be safe and Well lit. The landscaping will be sprinklered and professionally cared far. The building materials will be permanent. No materials used will require pai.nting or continueci maintenance, thus assuring a continued look of quality. fridley.ltr 04/12/90 rJµ p C O`�i v 4��'NE S��' 4MMM COU NTY OF �4NOKA Depanment of Highways Paul K. Ruud, Highwa}� Engineer 1440 BUNKER LAKE BLVD NW, ANDOVER, MINNESOTA 55304 612-754-3520 April 19, 1990 City of Fridley 6431 University NE Fridley, MN. 55432 Att: Barb D'arcy Ref: Development in the Northeast Corner of CSAH No. 6 and Trunk Highway 47 Dear Ms D'arcy: I have reviewed the informatian in our file regarding the redevelopment of the 10,000 Auto Parts site in the City of Fridley at the above referenced location. This site also includes one single family house which according to our information has been purchased by the developer of this site. That single family house is located immediately to the east of 10,000 Auto Parts store along Mississippi Street. In reviewing the information I have available it appears as though a modification in our plans was made early in March to accomodate an entrance as shown in the Barton Ashman Associates Report and as shown on the sketch which you fax'd me yesterday. While an entrance with the anticipated volume of this particular entrance is not desirable this close to a very busy intersection, the final design arrived at appears to have been made with a conscientious effort to limit its impact on trafiic flows. For that reason Anoka County would c�ncur in the cities �roposal to install a driveway at this location as shown on your plan and will provide for a reduced left turn lane as shown on the fa.x sheet at that location. In reviewin� the plan further it appears that no additional modification of our proposed alignment will be necessary, with the single exception of the possibility of addmg a short island to the east of the left turn lane to better defne it. As an alternate we will be reviewing the possibility of painting this island on the bituminous. Affirmative Action / Equal Opportunity Empioyer 4NNN -2- If you have any questions regarding this matter, please feel free to contact me at Ison, PE County Engineer - Construction mjl/D'ARCY 4000 � �- :� . � � . ; , , �: : . Y � ' ' ' FROPOS[D GRI.VEWAY : j` `. SO ! 10,000 AUTO PARTS i C(,NST. BY OTHERS � , .: � ' � -- ••– . .. � , �-� � � sca1� ( i ' , � ' �� � ,' , _._. . _-- _. . _. ___ , .—� ,:;t�i5 ' • _ RETAINING WAL� NC1iSc; � '��� cc -� � t ; �v n. I Al� S - - ...�; . 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MH 5 8Y �rs�ir;cER 90`- 8" PVC�Ci0.50% 8° GATE VALVE & BOX 20'-10�� PVC(q� 0.50°!0 T.C.862.42 6" WET TAP T.C.860.96 INV. 84252 8" PWG INV. 841 .66 PAY HEIGHT-19.9' PAY MEIGHT-19.3' ANOKA COUNT WEST OF UNtVER (NOT TO SCALE) Y IMPR�JVEMENT PLA�v S{TY AVEt�UE E T V c 4QQQ ANOKA COUNTY REGIONAL RAILROAD AUTHORITY (ACRRA) Paul McCarron, Chairman Dan Erhart Natatie Hass Steffen Nick Cenaiko Barb Dacy, Planning Coordinator City of Fridiey 6431 University Avenue N.E. Fridley, MN 55432 Dear Barb: Margaret Lengfeld, �ce Chairman Bob Burtnan Jim A. Kordiak April 19, 1990 The following is an update on the proposed Mississippi Street LRT station location. The Anoka County Regional Railroad Authority continues to analyze potential light rail transit station locations along the University and Central alignments. The Anoka County Regional Railroad Authority is currently working with the City of Fridley to identify a light rail transit station location at Mississippi Street. This station will provide access from the Fridley area to a regional LRT system and improve transit service to the entire Fridley City area, the business and commercial area surrounding the station, and to the City offices. The proposed LRT track location on the east side of University Avenue and the current land uses around the intersection favor location of the station in the northeast corner of the intersection. Many of the characteristics that make this location attractive for the station, also make it attractive for private development, however. Therefore, the Anoka County Regional Railroad Authority has been working with the City and a developer to identify a station location and design that can accommodate the functional needs of the LRT station without conflicting with private development opportunities in downtown Fridley. An analysis of the current development proposal and station requirements has resulted in the following station plan. The station platform would be located immediately north of Mississippi Street. Feeder buses would stop on Mississippi Street for riders to transfer to the LRT station. An easement would be provided by the developer within the private development site to accommodate drop-off LRT passengers. Telephone (612) 421-4760, extension 1171; Fax (612) 422-7511 Anoka Cour�ty Courthouse, Administration Office, 325 E. Main Street, Anoka, MN 55303 4RRR April 19, 1990 Page Two On a long-term basis, all-day park-and-ride spaces may also become necessary at the station. In order to maintain the opportunity for park-and-ride service at the station, the developer would also provide an access easement along the east boundary of the property from Mississippi Street to 66th Avenue N.E. This easement would provide access to long-term parking located north of the development between 66th and 67th, 'rf that parking became necessary. This coordinated approach provides the opportunity to offer a high level of transit service to the area while reinforcing City development plans for the area. We look forward to our continued working relationship with the City of Fridley as the Anoka County Regional Railroad Authority and the region continues its plan for a light rail transit in the northeast corridor. Sincerely, 1���� Tim Yantos Deputy County Administrator TY:Ip cc: Commissioner Paul McCarron �, i � unroF F��� DATE: TO: FROM: SUBJECT: C�INLMUNITY DEVELOPMENT' DEPARTMENT MEMORANDUM 4SSS March 2, 1990 William Burns, City Manager Jock Robertson, Community Development Director ✓ Barbara Dacy, Planning Coordinator Value and Tax Impacts on Properties Adjacent to 10,000 Auto Parts Redevelopment Site; Fridley Town Square Attached is the analysis prepared by Leon Madsen in response to Councilman Billings' request after the neighborhood meeting on February 15, 1990. Please forward this information to Councilman Billings and review it, and return any comments. BD/dn M-90-152 4TTT Z �o � � � � �� ao aw a¢ 'a U C � � ..� m � � Q t� M � N �� N OO> CD N t0 U m y � � H � i�A � L � � � � C Z � � as z o 0 0 o E � m �N � rn a a M �� Q W � O GO N �O = m � pJp � � � � 3 � 'y N O m > � � J Q � O�i_ O�i_ O�i_ �N � O ; L m g � � � � Z�m v i Ri Q a°o_ m rn � °o_ ° F- .- o � ao a, o Z � � � v� � � � z '+' � � N M O O � � O GD N tD N f� 3 m � � � � � � � w � o °o °o °o °o °o Q 0 O� � � � M `�t ' g � � � � � � N � � � � � N F— X X X X X � 0 � � � � � � ° w � z w > a � x = cn N� � � � f- � w � � N � i � i i i � o r- o� � u� � Q e^� M M c� c�� M 4UUU The rational for value reductions, to the land componant of total residential property values, is based on a policy that has been incorporated in the valuation process used by the Assessor's office for many years. That policy is to apply a lower land value base factor to properties that abut commercial or industrial zoned properties. The logic for this policy lies in the generally recognized theory that, if a purchaser had a choice between 2 identical properties for the same price, one located next to a commercial property and one not so influenced, he or she would typically buy the one NOT by the commercial. This is because the typically motivated home buyer desires the peace and quiet of a more homogeneous locatiuon. Proof of this theory must be found in the comparison of actual sales of physically identical, or nearly so, properties in both types of locations. As a practical matter, sales for this type of "clinical" analysis are rare in sufficient quantity. We must, therefore, assume thai the theory is valid and proceed with the best attempts to translate the idea to appraisal practice. The bases for the above projected reductions comes from the application of ihe policy to the similarily located homes lying north of Holly Center, just across University from the proposed project. Homes abutting Holly Center are valued approximately �2500 less than their neighbors ac►oss 67th Ave. This same policy has been applied in other areas of the City where single- family residentia! is similarily located, howeve�, not necessarily at the $2500 difference. The difference depends on the quality of the neighborhood. � -�'-�- �4VVV CITY OF FRIDLEY HOUSING AND REDEVELOPMENT AIITHORITY MEETING, APRIL 18, 1990 NwnAr Nwnwrw�rAr�r��YtiMAUAMM�MArw,�ti�M�,►M�ANN���►A�M�Mrtiti��M�I�rAMw1��A�►r�►Ar��M w�w��Y CALL TO ORDER• Chairperson Commers called the April 18, 1990, Housing and Redevelopment Authority meeting to order at 6:38 p.m. ROLL CALL• Members Present: Members Absent: Larry Commers, Virginia Schnabel, John Meyer, Duane Prairie, Walter Rasmussen None Others Present: Jock Robertson, Executive Director of HRA William Burns, City Manager Barbara Dacy, Planning Coordinator Rick Pribyl, Finance Director Dave Newman, HRA Attorney Scott Erickson, UCD Tom Schuette, UCD Dave Koski, Barton-Aschman Associates APPROVAL OF MARCH 8 Z990 HOUSING & REDEVELOPMENT AUTHORITY MINUTES• MOTION by Mr. Prairie, seconded by Mr. Rasmussen, to approve the March 8, 1990, Housing & Redevelopment Authority minutes as written. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON COMMERS DECLARED THE MOTION CARRIED IINANIMOUSLY. ACTION ITEMS• 1. REVISED UCD REDEVELOPMENT PROPOSAL FOR 10.000 AUTO PARTS_SITE: Mr. Robertson stated there are four components that need to be reconsidered in a revised proposal by UCD: 1. Financing. UCD has revised their request back to pay- as-you-go. 2. Questions of neighborhood compatibility were raised and considered at the last HRA meeting. Some revisions have been made on this. 4WWW HOUSING � Rl:DEVELOPMENT AIITHORITY MTG., APRIL 18, 1990 - PAGE 2 3. :� Financinq Traffic questions. A traffic study has been done which staff believes answers the questions raised at the last HRA meeting. Timing. How will the proposal fit with the intersection improvements and redevelopment of the southwest quadrant? Mr. Robertson stated that with the demise of the 10,000 Auto Parts Company and its lease, the developer has been able to return to the original concept of financing as a pay-as-you-go grant, rather an up-front grant upon substantial completion of the project. With a pay-as-you-go grant, the grant comes only and from the funds paid by the development in property taxes. Essentially now, the developer needs an extra $100,000 for the carrying costs for that $200,000. It looks like it would be in the neighborhood of $300,000 for five years or up to $315,000 for six years. Mr. Robertson stated the $300,000 is very comparable--a little over 9� of the estimated construction costs--to the 8� the HRA approved previously for Northco. Mr. Rasmussen stated he wondered about the permanent financing and the construction financing. At what point does the developer deliver a firm commitment on the permanent and the construction financing? Mr. Scott Erickson, UCD, stated they have started the construction financing process now, and they hope to be able to deliver a letter of commitment for the construction financing within 60-75 days. That commitment will contain certain prerequisite requirements for funding for closing, the primary one being a 70-75� preleasing agreements with leases that are approved by the lending bank. The lending bank does the same in-depth analysis on each of the lessees UCD brings to the project. Mr. Erickson stated the financing banks and savings and loans today apply a lot more scrutiny to proposed projects and financing before they will deliver a commitment. Approximately 40� of their project is represented by a major national retailer, Walgreen. In addition to the Walgreen Store, they will have to prelease an additional 7,000 sq. ft. in order to meet their funding commitment. They will not get a commitment letter from the lending institution unless they believe right up front that this is a viable project. At this point in time, with their experience in the last couple of years in the buildings they have financed and the individual who is arranging the financing for them, their confidence level is very high on this project. 4XXX HOUSING � REDEVELOPMSNT AIITHORITY MTG., APRIL 18. 1990 - PAGE 3 4uestions of Neiqhborhood Compatibility Mr. Robertson stated this concerned two topic areas: (1) the relationship of the project to the proposed LRT station at this intersection, particularly it was an intrusion issue, in the possibility that homes might be taken in the future by the Anoka County Rail Authority for a park and ride station. (2) the buffering and compatibility with the homes that are immediately adjacent to the project. There are four homes to the north across 66th Avenue and two homes to the east in addition to the two homes on which the developer already has purchase agreements. Mr. Robertson stated Barbara Dacy, Planning Coordinator, has been working on both these issues, and she is at the meeting to discuss these with the HRA. Ms. Dacy stated the developer has updated the site plan to incorporate the comments to increase the buffering and screening on the property. They have increased the setback 15 feet along the north lot line along 66th Avenue, have reduced the number of parking spaces on the site, have increased the front setback to 15 feet, and are still proposing a minimum 6 foot masonry wall in a style consistent with the exterior of the proposed shopping center. Ms. Dacy stated the developer conducted a second neighborhood meeting the end of March. They tried to work with the neighbors immediately abutting the area to the east and across the street on 66th Avenue to see what types of landscaping, vegetation, location of fence, etc., the neighbors wanted. The developer is still in the process of working with the homeowners. Ms. Dacy stated the neighborhood continues to be concerned the typical maintenance issues regarding the shopping center. The neighborhood is used to seeing some litter and debris on the existing property, and they are concerned that is going to continue. In a case like this, in the Moore Lake Commons agreement, the HRA required a maintenance agreement to keep the landscaping healthy and keep the grounds clean, etc. Staff would recommend the HR.A implement the same maintenance agreement for this project as a condition of approval. Ms. Dacy stated that regarding the LRT issue, Anoka County is continuing to look at the site as a"kiss and ride" versus a"park and ride'�. Anoka County is continuing to refine their projections for the demand of a"kiss and ride" versus a"park and ride" lot. They have reviewed this revised site plan, because in deference to the first site plan, the parking along Mississippi Street has been �j �T� L� HOOSING & RBDEVELOPMENT 1�lDTHORITY MTG., APRIL 18. 1990 PAGE 4 removed because those spaces were only 5 feet from the property line which was in conflict with the City's setback requirements. Ms. Dacy stated Anoka County has recommended that as a"kiss and ride" if the LRT station is to be located here, they want to reserve an easement along the front area so they would have the ability to install additional parking spaces, when the LRT line is constructed. Ms. �Dacy stated that summarized the neighborhood compatibility issues. The other major issue the neighborhood is concerned about it, of course, the traffic issue, and Mr. Robertson will address that. Mr. Meyer stated his objections or concerns on the property are not confined only to traffic impacts. He is still not satisfied that the HRA is analyzing this development as a needed and desirable development for the City of Fridley. Again, this is a philosophical point: To what extent should the HRA concern itself with putting in another shopping center that is going to be in competition with other centers that are gasping for financial life, whether it be iiolly Center, Moon Plaza, Rice Plaza, Skywood Mall. Here is another development that would be using public monies. At some point, the HRA should stop and take a look to see whether or not this is something they should do regarding the City's long term welfare. Mr. Meyer stated he also thought there are going to be horrendous traffic problems. If they create a major traffic nuisance, it not only blights the intersection, but it also runs a fair chance of blighting the economic development of this particular center. Somewhere along the line, they have to reach beyond traffic impact and immediate neighborhood compatibility and financing and look at whether this is a proper project for public money. Mr. Commers asked what the guidelines would be--the effect of competition on similar retail spaces in the City of Fridley? Mr. Meyer stated that could be. Competition in light of the obviously depressed rental market in the City for this type of center. There will be one major tenant, Walgreen, and then other smaller shops, all of which could well be in direct competition with other stores that are either struggling for existence or are going out of business. So, competition in light of the rest of the economic development in the City. Mr. Robertson stated Mr. Meyer raised these questions at the last HRA meeting. Staff asked the developer to comment on these questions, and the answers are contained on agenda page 1-E and 1- F. 4ZZZ HOOSING & REDEVELOPMENT AIITHORITY MTG.. APRIL 18, 1990 PAGE 5 Mr. Rasmussen stated that if this project is going to be financed by a major bank or financial institution, a lot of Mr. Meyer's questions will have been answered. Mr. Prairie asked the developers if they could give the HRA some examples of the types of businesses that miqht go into this proposed center. Mr. Tom Schuette, UCD, stated they know there will be a Walgreen store. In addition to the Walgreen store, the shopping center will be aimed at the neighborhood convenience type of retailer. They have received interest from a variety of those use categories and some will conflict or compete with like businesses in the City, such as a pizza shop, hair salon, dry cleaning business, printing business, etc. There will be 6-7 stores or shops. Mr. Schuette stated there is retail on the corner of University and Mississippi, but there has not been any new retail in a long time. During the time that Moon Plaza, Rice Plaza, and Holly Center have been in existence, Fridley has grown a great deal. They are bringing 17,000 sq. ft. of new retail space in addition to Walgreen. That is not a major amount of space. Holly Center is about 75,000 sq. ft., and they are only adding about one-fourth the size of Holly Center. Mr. Schuette stated there is concern that redevelopment happen on the southwest quadrant. He stated that when that happens, that might require some existing businesses to need a new location. So, it is possible that even if their center is built and the southwest quadrant is developed, there could be a net loss in retail space at the intersection, depending on how well it gets developed. Mr. Schuette stated there is also concern about the success of Moore Lake Commons and the leasing status there. Moore Lake Commons has made a lot of progress in terms of new shops; and in talking with the leasing agent, the health club, which has 5,000 members already signed, will cause a lot of activity at that intersection which will be a big boost for the retailers in Moore Lake Commons. Another factor is that Moore Lake Commons is almost two miles away from the 10, 000 Auto Parts site; and in terms of convenience uses they have in mind for their center, the two centers are far enough apart to provide certain use categories that can be repeated at both locations. Mr. Erickson stated they just learned that day that the TCBY Corporation is interested in another shop at the 10,000 Auto Parts location even though they have a shop in Moore Lake Commons. He brought this up because it is a case in point where a geographic distance and a different intersection provide a second opportunity for this business in Fridley. A second example is the City . . . . . HOUSING & REDEVELOPMENT ADTHORITY MTG., APRIL 18. 1990 - PAGE 6 Municipal Liquor business which has two locations within the City no more than two miles apart. Ms. Schnabel asked if there is any difficulty in leasing space in the new Moore Lake Commons East because of its close proximity to Moore Lake Commons West (the old Shorewood Plaza). If there is a problem, then that supports what Mr. Meyer is saying. If not, then it supports what the developer is saying. Mr. Robertson stated the old Shorewood Plaza is all leased except for two bays, one of which was the hardware store which went out of business after about six months. Mr. Rasmussen stated that, again, whoever finances this project will look very carefully at it from an economic standpoint. Mr. Erickson stated that the newly vacated hardware store space is at least 80 feet in depth. The spaces in the new Moore Lake Commons building that are unleased are probably 55-65 feet in depth. From his experience as a shopping center developer, the larger businesses (liquor store, hardware store) cannot go into 60-65 ft. spaces. From the owners' perspective, they probably feel the existing center is a positive force for marketing the new space because of the amount of business the existing space already brings to that property. Ms. Schnabel asked about the occupancy rate for Holly Center. Mr. Robertson stated Ho12y Center is all leased except for the hardware store which recently went out of business. He asked Mr. Erickson how he would characterize Holly Center as opposed to the average occupancy in this area. Mr. Erickson stated that in the class of strip centers, metro-wide, the Twin Cities is running an average of 93-94$ across the board. The vacancy that has occurred at Holly Center was the Coast to Coast Hardware Store, and he believed the entire chain of Coast to Coast stores have folded nationwide. So, this was vacancy that developed not because of the location or any inadeguacy in the center, but it was because an entire operation folded. He would guess that within 90-120 days, Holly Center will identify 1-2 users to reoccupy that space. From a shopping center developer's perspective, he would consider Holly Center a very attractive and viable center. Mr. Meyer stated Mr. Rasmussen's point is well taken about a bank or financial institution critiquing the worth of a project. However, he would expect a bank to worry about the success of the one project, not other businesses in the area. Mr. Rasmussen stated he believed that when a bank analyzes a project, they take a look at the entire impact. He has seen quite ' : : = : HOIISING & REDEVELOPMENT AIITHORITY MTG.. APRIL 18, 1990 - PAGE 7 a few banks that are very concerned about the impact on the whole neighborhood. They are doing this more and more. Mr. Meyer stated he was glad to hear that. He stated there is a Planning Commission and City Council that can address this kind of issue as to whether a project should be pushed in the City. But, the IIRA has been given more of an opportunity to put something into ` motion than either the Planning Commission or City Council, so the HRA has a higher duty to worry about such things as what impact a project has on the City. If it had not been for Old Country Buffet and Snyders, he believed they would probably be seeing about a 50� vacancy rate in Holly Center. Mr. Meyer stated that from a very pragmatic standpoint, the HRA might be getting into the landlord business if the HRA buys Rice Plaza, and they better be very sure they have a shopping center that is viabZe and brings in money and not encourage competition across the intersection from them. Mr. Meyer stated he is not convinced that anyone has done any real thinking about this point. Do they have any business encouraging the type of development that is going to be in direct competition with other developments that are barely hanging on. Mr. Commers stated one of the issues that comes with redevelopment is that it will bring in competition to less desirable locations. For example, any type of additional retail commercial space that comes in has the ability to attract space away from the Moon Plaza Shopping Center, which is part of the HRA's red�velopment plan, although a lower priority. They have to look at it from the perspective that they continuously try over a period of time to upgrade properties and upgrade the City and hope that by the system of competition the weaker, the less viable, businesses go out of business and new ones replace them. It is kind of an ongoing continuous circle. It may be idealistic and it might not always work, but the intention is to upgrade the City. Mr. Commers stated the 10,000 Auto Parts site is an eyesore right now. He did not know what other development could go in there that would be any different. This might not be the greatest project,but it certainly is a nice project and fits the Center City redevelopment which was commercial/retail on that space. The realities are that the developer would not be putting in monies and the bank would not be putting in monies if they did not think this was a viable project. Mr. Erickson stated the lending bank he has dealt with on his last two projects, TCF, one of the things they base their decision process on for a loan is an MIA appraisal of the project to see if the finished product will warrant the bank's investment. That MIA appraisal takes into account the precise concerns raised by the Mr. Meyer: 4CCCC HOIISING & REDEVELOPMENT AIITHORITY MTG.. �PRIL 18. 1990 PAGE 8 1. What are the existing vacancies of the community? 2. What are the rent levels in the existing properties? 3. What are the lease-up prospects for the existing vacancies? 4. How does all of the above affect the subject properties' ability to get leased up at the necessary rate to support the financing required? Mr. Erickson stated that in its experience over the last five years, lending institutions rely more and more heavily on these appraisals. The appraisals over the last five years have changed to focus more on conditions outside of the subject property, because those definitely do affect the plight of new buildings. If the appraisal does not come within the parameters that support the guidelines that are set out by the bank's committee, they will turn a project down. Traffic Considerations Mr. Robertson stated that one of the major issues raised at the last meeting was the question of how the traffic generated by the proposed project would impact both the existing street system and the proposed street system at the intersection of University and Mississippi and, particularly, there were concerns about the left turn pattern into the project on eastbound Mississippi. Mr. Robertson stated the City contracted with Barton-Aschman Associates to study this traffic generation issue and address each of the questions raised by the HRA raised at the March meeting. Mr. Dave Koski from Barton-Aschman is at the meeting to present the results. Mr. Robertson stated that what Barton-Aschman substantially found was that: 1) the existing level of traffic is about level D, which means there could be a maximum delay of up to 30 seconds for a stop or a turn; 2) that the traffic generated by this proposed project, given two critical worst case assumptions, will have little effect on either the existing street pattern or the proposed improvement. It will go from level D to level D+. Mr. Dave Koski stated he is the Project Engineer who did the traffic study. He stated Mr. Robertson summarized the study pretty well. They wanted to test the worst case so they assumed and know that the primary entry and exit movement into a center like this occurs during the P.M. peak hour, 4:30 - 5:30 p.m. They are finding the traffic into these retail centers is primarily from people doing their shopping on their trip from work to home. They looked at the P.M. peak hour on an average weekday. They surveyed 4DDDD HOIISING & REDEDEI,OPMENT AIIT$ORITY MTG. APRIL 18, 1990 - PAGE 9 a number of shopping centers of this size and larger. They know what the entry and exit patterns are and the numbers. The Institution of Traffic Engineers also gathers the results of studies from around the country, and they publish a document that lists the range of travel patterns for shopping centers for peak hours, Saturdays, and Sundays, etc. Mr. Koski stated they then calculated what they thought would be the traffic generation and the entry and exit volumes for this center. They also assumed that all that traffic would be new traffic on Mississippi Street and at the intersection of University and Mississippi. That is not the case. Probably about 50$ of the traffic that is entering and exiting this center is already on Mississippi and University passing. But, they assumed it would be 100$ new traffic. They also wanted to find out just what the current level of traffic is on University and Mississippi. They conducted a traffic count last week between the hours of 3:30 p.m. - 6:30 p.m. and extracted from that the peak traffic period of time. Their conclusion is that the traffic that will be entering and exiting the shopping center would not have a significant impact on the current traffic capacity and level of service and traffic patterns they have at the intersection right now, with the existing roadway configuration and the geometric design that exists right now. Mr. Koski stated the driveway entry into the site easterly on Mississippi from University is back far enough so that the turning movements into and out of the site are not going to influence the capacity of the intersection. They specifically looked at the back-up that occurs for westerly bound Mississippi and University during peak hours. This is a theoretical calculation based on the actual traffic movement done with a computer. The back-up showed approximately 280 feet and the driveway is 350 feet, so the back- up will not come past the driveway so the driveway will always be open to either exiting traffic or eastbound Mississippi traffic that wants to turn left into the site. Mr. Koski stated that similarly the westbound Mississippi traffic has enough gaps that the eastbound left-turn into the site can occur at frequent enough intervals to not back up on eastbound Mississippi traffic. Mr. Koski stated they also looked at the impact on the intersection at Mississippi and 5th Street. Their calculations show that the project will not have an impact on traffic exiting east on Mississippi from 5th Street. Mr. Koski stated the overall conclusion is that with the existing geometrics, the implementation of the development will operate satisfactorily and will not have a significant impact on the traffic on Mississippi or the intersection of University and Mississippi. 4EEEE HOOSING & REDEVELOPMENT AIITHORITY MTG.. APRIL 18. 1990 - PAGE 10 Mr. Prairie asked about the improvement to Mississippi and the added traffic lane. Mr. Robertson stated the major conclusion from the traffic study is that it is not crucial that the intersection be improved before this development goes in. That is a very critical finding. Anoka County could plan the improvements for 1991. Mr. �ommers stated Anoka County is not going to improve the east side of Mississippi until they improve the west side. Mr. Meyer stated he realized that this development is going to be highly dependent upon peak hour traffic. However, it just seems they will be doing a weaving across traffic--a right turn off University eastbound onto Mississippi and then a left turn into the site crossing the heavy westbound traffic on Mississippi. He understands the computer analysis and the traffic counts, etc., but is there any way to measure what happens when cars are waiting for the chance to get across the street to a very narrow entrance with traffic coming out to go either eastbound or westbound on Mississippi. How does this weaving across traffic upset the waiting times, the stacking of cars? It just seemed that a computer cannot measure these kinds of things. If they have a development that is highly dependent upon traffic where the traffic is awkward or bad, it is a prescription for failure of the center. That goes beyond traffic, but it is an important part of trying to judge where the center might go. Mr. Koski stated Mr. Meyer raised a good point. There is a rating for traffic capacity and level of service (ranges from A-F). Obviously, level D is less than perfect. It is considered a satisfactory level of operation and really denotes something where the traffic is clearing with each intersection cycle phase, but it is also below C which is considered average. Level D really means that everything is working fine, but that some kind of disturbance (stalled vehicle, snow) can cause some periodic congestion for awhile. When something happens like that described Mr. Meyer, that can cause it to break down for a moment and cause some problems. Obviously, when you put turning movements into and out of a driveway, there is more conflict. However, from their study, their conclusion is that there is enough time and distance to make the whole operation satisfactory. Mr. Koski stated traffic signal timing, along with the improvements proposed by the County, will help the traffic situation a lot more. Mr. Robertson stated that with the proposal, the driveway to the site is moved about 75-100 feet further east away from the intersection and that definitely improves the leve2 of service, no matter what else happens on Mississippi. 4FFFF HOOSING & REDLVELOPMENT AIITHORITY MTG., APRIL 18,__1990 - PAGE 11 Mr. Robertson stated staff also asked Barton-Aschman to give an opinion on the worst case scenario; for example, a 200,000 sq. ft. office building on the southwest quadrant. It is Mr. Koski's opinion that it might require two left turn lanes on eastbound Mississippi at the intersection. Mr. John Flora, Public Works Director, said that could be handled with the existing lane configuration. Mr. Robertson stated that made him more confident that the project would not interfere with the HRA's options on the southwest quadrant. Mr. Robertson stated that, based on these findings, staff recommends the HRA consider the following: 1. Approval of this specific development plan to the Planning Commission for a public hearing for rezoning of the parcel to S-2. 2. Concept approval for preparation of a $300,000 (approximate) pay-as-you-go redevelopment agreement to be fine-tuned and brought back to the HRA at a later meeting. 3. Recommend staff proceed with the process to give notice for public hearing to expand the TIF district from the existing 10,000 Auto Parts site to include the two additional single family houses immediately to the east. MOTION by Mr. Rasmussen, seconded by Ms. Schnabel, to: l. Approve this specific development plan to the Planning Commission for a public hearing for rezoning of the parcel to S-2. 2. Give concept approval for preparation of a$300,000 (aproximate) pay-as-you-go redevelopment agreement to be fine-tuned and brought back to the HRA at a later meeting. 3. Recommend staff proceed with the process to give notice for public hearing to expand the TIF district from the existing 10,000 Auto Parts site to include the two additional single family houses immediately to the east. IIPON A VOICE VOTE, FODR MEMBERS VOTING AYE, MEYER VOTING NAY, CHAIRPERSON COMMERS DECLARED THE MOTION CARRIED BY A VOTE OF 4-1. Mr. Commers stated the HRA is looking forward to working with UCD; however, he hoped the developers would keep in mind the issues and concerns addressed by the HRA members. This is part of their Center City project and it is important to the HRA. 4GGGG HOUSING & REDEVELOPMENT AIITHORITY MTG., APRIL 18, 1990 - PAGE 12 (Ms. Schnabel left the meeting at 7:50 p.m.) 2. CONTRACT WITH BARTON-ASCHMAN ASSOCIATES FOR TRAFFIC STUDY TO BE PAID FOR BY UCD: Mr. Robertson stated the traffic study has already been paid for by UCD. MOTION by Mr. Prairie, seconded by Mr. Rasmussen, to approve the contract with Barton-Aschman Associates for a traffic study to be paid for by UCD. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON COMMERS DECLARED THE MOTION CARRIED IINANIMOIIBLY. � � cinroF F� �� C011/1MUNITY DEVELOPMENT DEPARTMENT MEMORANDUM 4 DATE: May 3, 1990 � �'� � , �� TO: William Burns, City Manager �j � FROM: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Plat Request, P.S. #90-02, by the Michael Servetus Unitarian Society Attached is the staff report for the above-referenced request. The subdivision ordinance requires that the City Council hold a public hearing for all plat requests. Staff recommends that the City Council set the public hearing date for May 21, 1990. MM/dn M-90-301 � aiiii � STAFF REPORT APPEALS DATE �r�OF PLAN�:N(� (iaNrN�$SI�Ri �14T� : April 25, 1990 FR! DLEY �Y ��(� �/4� : May 7, 1990 µ�Hpq MM/ dn REQUEST PERMIT NUtv�BER APPLICANT ' PROPOSED REQUEST LOCATION SITE DQTA SIZ E DENS(TY PRESENT ZONING ADJACENT LAND USES & ZONrIG ���$ PARK DEDICATION ANALYSIS FINANCIAL IMPLICATIONS CONFORMANCE TO COMPREh�NE PLAN COMPATBILtTY WITH ADJACENT USES � ZONNG ENYIRONMENTAL CONSIDERATIONS STAFF RECOMMEf�ATiON APPEALS RECOMMENDATION PLANNKVG COMMISSION REGONNAENDATION I P.S. ��90-02 Kate Kemper and Phyllis Forsberg for the Michael Servetus Unitarian Society To replat Outlot A, Michael Servetus Addition, into four lots; three of which are single family residential lots. 980 - 67th Avenue N.E. 75,375 square feet t 1.7 units per acre R-1, Single Family D;�ellin� R-I, Single Family �J�lellin� to the north, east, south, and west Watermain needs to be looped under Oakley Street extension; sewer, water, and 67th Avenue extension will need to be constructed. $4,500 to be paid at time of building permit Yes Yes Existing peat deposits in location of building pads Approval Approval 4JJJJ Staff Report P.S. #90-02, Michael Servetus 2nd Addition Page 2 Request Kate Kemper and Phyllis Forsberg for the Michael Servetus Unitarian Society are requesting that Outlot A, Michael Servetus 2nd Addition be replatted. This replat would create four lots, three of which would be for single family residential use. Site The site is addressed as 980 - 67th Avenue N.E. and is located near what would be the 67th Avenue and Oakley Drive intersection if 67th Avenue and Oakley Drive were extended. The Michael Servetus Unitarian Society church is located at the southeast corner of Outlot A, and the existing church parking lot is located in the area of Lot 1 of the proposed plat. In addition, the Unitarian Society is applying for a special use permit for the expansion of the church building and the City of Fridley is vacating the portion of the Oakley Drive that was dedicated in the Michael Servetus Addition in 1973. Analysis The following issues need to be evaluated to determine if they meet the requirements of the subdivision code: 1. Traffic issues 2. The design of the lots 3. Utilities 4. General site conditions Traffic The proposed plat would require that 67th Avenue be extended further to the west within the right-of-way which was dedicated with the Michael Servetus Addition. This extension would maintain the existing 67th Avenue alignment. The City, at the time of plats, has the option of reserving right-of-way for future streets, and for the future extension of existing streets. In this instance, the City is requesting a 60 foot right-of-way be dedicated along the west property line of the proposed plat. The Minnesota Department of Transportation has long-range plans to upgrade Trunk Highway 65. These plans include closing the median crossings at 63rd Avenue and'73 1/2 Avenue, and intersection improvements (i.e. signalization upgrade) at Mississippi Street and 73rd Avenue. The Mississippi Street improvements include installing a median which would prevent access from Brookview 4KKKK Staff Report P.S. #90-02, Michael Servetus 2nd Addition Page 3 Terrace east bound onto Mississippi Street. By reserving the Oakley Drive right-of-way, the City will be able to provide an additional means of access to the neighborhood. The extension of Oakley Drive and connection to 67th Avenue would serve three purposes: 1. Provide two means of access into and out of the neighborhood, especially in emergency situations where one street becomes blocked. 2. Provide easier maintenance. A through street is easier to plow than two cul-de-sac roads. 3. It would complete the overall traffic pattern in the neighborhood. First Western Development has proposed Meadowlands Park as a potential wetland mitigation site (see attached site plan). This is required in order for them to receive an Army Corps of Engineers permit to develop a shopping center at 85th Avenue and University Avenue. There are several wetlands at that site. The proposed high water mark for the wetland development at Meadowlands Park will be approximately 35 feet from the west Oakley Drive right-of- way line. Should the City Council, at some future point in time, decide not to extend Oakley Drive, the right-of-way could be vacated. The right-of-way, with an additional 15 feet from the park Iand, could be used to create an additional lot west of the proposed three lots. Prior to the Oakley Drive extension, the remaining cul-de-sacs of 67th Avenue and Oakley Drive would meet the subdivision code as they will be less than a maximum b00 foot length for cul-de-sac streets. The existing Oakley Drive will be extended an additional 50 feet to provide access to the newly relocated entrance for the Michael'Servetus Unitarian Society church. Lots There will be four lots created within the Michael Servetus 2nd Addition. Three of these lots will be for single family residential use. These three lots meet the minimum lot size of 9, 000 square feet (they are 9, 375 square feet) . They also meet the minimum lot width of 75 �feet. In addition, utility and drainage easements have been dedicated along all four property lines of the three proposed lots. These easements will accommodate any future needs for utility placement and/or drainage needs. 4LLLL Staff Report P.S. #90-02, Michael Servetus 2nd Addition Page 4 The fourth lot is approximately 47, 250 square feet and will be used for the church building expansion. All of the proposed lots are laid out at 90 degree angles to both the 67th Avenue and Oakley Drive right-of-ways, as is required in the subdivision code. This lot also has drainage and utility easements dedicated along all four property lines. This lot meets the minimum lot size of 15,000 square feet for churches which is required in the CR-1 District regulations. IItilities In addition to this plat, the petitioner will be required to petition for the utility and street projects. The City will be completing the loop for the six inch water main within the Oakley Drive and 67th Avenue right-of-ways. Looping the water main prevents stagnant water from collecting at the end of a line, and allows any area to be fed from two directions. The extension of 67th Avenue provides access to the three proposed Iots and four lots which were platted in the Michael Servetus Addition. Soils Outlot A contains highly peaty soils. From soil borings taken in � 1958 and 1967, there appears to be anywhere from two to five feet of peat scattered throughout the proposed plat area. The City does require that soil correction measures be taken in those areas where building pads and building foundations will occur. Staff is recommending that restrictive covenants be filed against proposed Lots 1, 2, and 3, Michael Servetus 2nd Addition, in order that any future buyers of these lots will be aware of the existing peat and the potential higher expense of construction. Recommendation and StiQulations Staff recommends that the Planning Commission recommend approval of the plat request, P.S. #90-02, to replat Outlot A, Michael Servetus Addition into four lots, with the following stipulations: 1. 2. 3. A park fee of $1,500 per lot for three residential lots shall be paid at the time of building permit ($4,500 total). The petitioner shall petition for the proposed improvements (67th Avenue extension, water main loop, sewer extension). The vacation request, SAV #90-01, be approved. 4. Restrictive covenants regarding the need for soil correction shall be recorded against Lots 1, 2, and 3, Block 1, Michael Servetus 2nd Addition. 4MMMM Staff Report P.S. #90-02, Michael Servetus 2nd Addition Page 5 PLANNING COMMISSION ACTION The Planning Commission voted to delete stipulation #3 in their recoaimendation to recommend approval of the plat request to the City Council. The stipulations for approval of the plat request are as follows: 1. 2. A park fee of $1,500 per lot for three residential lots shall be paid at the time of building permit ($4,500 total). The petitioner shall petition for the proposed improvements (67th Avenue extension, water main loop, sewer extension). 3. Restrictive covenants regarding the need for soil correction shall be recorded against Lots 1, 2, and 3, Block 1, Michael Servetus 2nd Addition. CITY COUNCIL RECOMMENDATION Staff recommends that the City Council establish the public hearing for May 21, 1990. 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S . 4� 90-02 Michae] Servetus 40000 �::J ZONING MAP f� � i . , : = • � i ! �i � � � �I # � � � s� . � �, . ; ; jj:- � � . ���� � E : ! ;� 1:; � 4= •��;� � � Q � �1si ���� � �t � tii� ij� � � �� j i � � �jej F 1 � s � f�ls _ � ! � 4 � iF:� E � � � 1 ] 3!!! � 's4 � i� � Q i �� O a� � o� z N Cn � I � ( ,` �� I � I `` i i \ , �.t� � ' ;'� �, � ; : . a : � . , � :_ . � � V%` � � � Z . � . � � i ') I �^ 1 1' � � U � �L �_ � d� ;;�� �:? � . � z ..t_ ��!� � •.Yti �',ttv:35 � � P . S . 4i 90-02 Michael Servetu7 ;t� � ! ��� � 9 • ! ` _. � _�� . � / �ii� � i RR3:r.�:•:,::!? � � ` .. . ; _� � , i 'i � �YI • \ ' 4 ` � 8 ^: � � � .� . \ :, ,� ���\ .� J i �w•�. '�_ ^w'� � I;.I��'� .1332LLS �Y— 1\�YIf1 7 � 0 PRELIMINARY PLAT � �y! ��� ��i ��� js� �L� ��� R, ��� �3tl1,� MOi�I�P P.S. 4I90-02 Micha rvetus 4 QQQ 89• �3q� -t� G m _ x W U C � � ¢ V; R { C 'v v 0 C . G �•+ � O. d � � J o° v� � i� 0 � � J � _ �� 0 � F- CF— Q � � � Z � � � � � � �,^ V/ � � � O � 1.. � � . � i a � � cinroF fRlDLEY CO1NiMUNI"['Y DEVELOPME �' 4RRRR N DEPARTMENT' MEMORANDUM DATE,: May 3, 1990 r►,, � � ��` : �. TO: William Burns, City Manager �. J FROM: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Vacation Request, SAV #90-01, by the City of Fridley Attached is the staff report for the above-referenced request. The zoning code requires the City Council to hold a public hearing for aIl vacation requests. Staff recommends that the City Council set the public hearing date for May 21, 1990. - NII�I/dn M-90-300 a � � C�N � FRlDLEY REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATI4N 4SSSS STAFF REPORT APPEALS DATE PLAlV�V(' COA�IMSSION DATE : Apr i l 2 5, 1990 CRY GOI�lqL DATE : May �, 19 9 0 ,u,T,� MM/ dn SITE DATA SIZE DENSITY PRESENT ZONING ADJACENT LAND USES � Z�%ii� UME$ PARK DEDlCATlON ANALYSIS FNJANCIAL NV1PLiCAT10NS CONFORMANCE TO COMPREF�NSNE PLAN COMPAT�ILfTY W(TH ADJACENT USES & ZONNG ENV�ONMENTAL CON.SIDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENOATION PLANN�VG COMMISSION RECOIMMENDATION SAV ��90-01 City of Fridley To vacate the existing Oalcley Street within the Michael Servetus Addition, R-1, Single Family Dwelling R-1, Singl.e FamiZy Dwelling to the north, south, east, and west Yes Yes N/A Approval Denial 4TT�T Staff Report SAV #90-01, City of Fridley Page 2 Request The City of Fridley is proposing to vacate the existing Oakley Street which is dedicated in Outlot A, Michael Servetus Addition. This vacation is related to the proposed preliminary plat request, P.S. #90-02, by Kate Kemper and Phyllis Forsberg for the Michael Servetus Unitarian Society. Site The dedicated Oakley Street is currently in the shape of a cul-de- sac "bubble" and is located in the southwest corner of Outlot A (see preliminary plat map). Located on Outlot A is the existing Michael Servetus Unitarian Church which is addressed as 980 - 67th Avenue. Analysis The City is requestinq this vacation, as the Michael Servetus 2nd Addition preliminary plat proposes a 60 foot right-of-way to be dedicated to the City of Fridley in order to reserve the right to extend Oakley Street to 67th Avenue. By vacating the existing Oakley Street "bubble", the additional right-of-way east of the proposed east right-of-way line of the proposed Oakley Street dedication will be "returned" to Outlot A and will be able to be used by the Unitarian Society as part of its lot. Recommendation and Stipulations Staff recommends that the Planning Commission recommend approval of this vacation request, SAV #90-01, to vacate the existing Oakley Street in Outlot A, Michael Servetus Addition. It will be necessary for the City to record the ordinance vacating Oakley Street prior to the Michael Servetus Unitarian Society filing the final plat. PLANNING COMMISSION ACTION The Planning Commission voted unanimously to deny the vacation request. CITY COUNCIL RECOMMENDATION � Staff recommends that the City Council establish the public hearing for May 21, 1990. SAV ��90-01 City of Fridley N �/2 SEC. cirr of � , MICOAMfA � I ZI ��• ,f FC /! � N� � * H ' �l O l� .. \ �` �i' JQ�'V'(� �(CS /'J� 4� f . � �. 2�., _ MI #j S I 4 3 � V' r i�� .h (` ..r.. "' ,� r, c,,, . � , � — — —�- i Q , '' � A i. ;:r�o) � �.; • � �:.. �" �ep_ c i� .r i..in� �•' �`� p. � ��y�-'' . � �/�lO /w..i .a.�..,/ � �i • '�1' • � : . 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I� a' ;. � L--- -- � i / _ �' .� �� .r� ----=-=^.1 �. �J .. .:, I .L ► ..,�z o� . :� ( , �; �, � � � �., � R % � � � _ t� � ` j '��------- — � V �'_. `_ _� � � � , a 2 �� \ . �!':. � � }�� 133a1S A3l�dQ ! z= i � . • _ _ - - ...o�sc.■..a.:.. . . i � � f� `�� � �� s \t_ Q :i S � � 3 :� p , �� , :; :� ,� i —��-- — w�..•� ^�w"'� 133 `2dtS �� \�� � `E� .� 4\` \ . �\ ��� � 9 9 T 0 � ; PRELIMINARY PLAT � � c�nroF Fr� a��r COl1�tMUNi"fY DEVELOPMENT DEPARTMENT MEMORANDUM DATE: May 3, 1990 /y � �� `v TO: William Burns, City Manager �� 4XXXX FROM: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Consider Approval of Resolution Authorizing a Lot Split, L.S. #90-01, by Roger Hansen Attached is the staff report for the above-referenced request. The Planning Commission voted unanimously to recommend approval of the request with the following stipulations: 1. 2. 3. 4. 5. The petitioner shall move the existing chain link fence from its current location to a location closer to the new lot line. The petitioner shall install erosion control structures (silt fence with hay bales) while the new dwelling is under construction. The swale to be constructed along the south property line of the existing house shall be re-vegetated by November 1, 1990. The petitioner shall maintain the swale for one year after construction. Park dedication fees shall be paid at time of building permit issuance. The motion to approve acknowledged that the lot split would create a nonconforming rear setback for the existing dwelling unit. Due to the nonconforming setback, staff recommends that the City Council deny the lot split request. If the City Council chooses to approve the lot split, it should concur with the Planning Commission's action, and approve the attached resolution. NIl�i/dn M-90-289 � 4YYYY � STAFF REPCIRT APPEALS DATE ��� � PLAMNG CONw�SSION DAl'E : Apr il z s, 1990 F[Z[DLE.Y CITY COI�IqL DATE : May 7, 1990 AUTHpq MM/dn REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION SITE DATA SIZE DENSITY PRESENT ZONING ADJACENT LAND USES & ZONNG �E$ PARK DEDICATION ANALYSIS FMdANCIAL IMPUCATlONS CONFORMANCE TO COMPREF�IVSNE PLAN COMPATB�tTY WITH ADJACENT USES b ZONNG ENVIRONMENTAL CONSIDERATiONS STAFF RECOMMEI�ATION APPEALS RECOMMENDATION PLANNMVG COMMISSION RECONNAENDATION L.S. �690-01 Roger Hansen To split off 94 feet of Lot 8, Block 2, Moore Lake Hills to create a buildable single facnily lot. 6065 Central Avenue N.E. 23,042 square feet .26 units/acre R-1, Single Family Dwelling R-1, Single Family Dwelling to the north, south, east, and west Will need to connect new lot to utilities $750.00 at time of building permit Yes Yes Concern with storm water runoff and topographic relationship with adjacent lots. Denial Approval with stipulations as outlined by staff 4ZZZZ Staff Report L.S. #90-01, Roger Hansen Page 2 Request Roger Hansen is requesting that a lot split be granted to split off approximately 94 feet of Lot 8, Block 2, Moore Lake Hills, to create a buildable single family lot. Site The existing lot is approximately 85� x 260'. A 1 1/2 story single family dwelling is located approximately 95 feet from the front property line. Mr. Hansen resides in this dwelling; the same being 6065 Central Avenue N.E. The grade changes substantially across both the length and width of the lot. Analysis It is possible to create a buildable lot of 9,001 square feet by splitting off 94 feet from Lot 8. However, doing so would make the remaining lot nonconforming. The new lot line would be 28 feet from the rear of the existing house. The required rear yard setback is 40 feet in this case. The rear yard setback is calculated at 25� of the lot depth with a minimum depth of 25 feet and a maximum depth of 40 feet. It could be argued that due to the change in topography that the lot functions as two separate lots; however, the lot split would still create a nonconforming situation for the existing house. The City has previously granted setback variances for existing dwellings in conjunction with lot split requests. If the Commission approves the request, the motion should acknowledge granting of the variance. The petitioner has submitted a detailed grading and to accommodate the runoff from the new building. determined that the proposed swale along the sout acceptable. Recommendation and Stipulations drainage plan Staff has h lot line is Due to the fact that the proposed lot split would create a nonconforming situation for the existing house, staff recommends that the Planning Commission recommend denial of lot split request, L.S. #90-01, to split off 94 feet of Lot 8, Block 2, Moore Lake Hills, to create a buildable single family lot. However, if the Planning Commission chooses to approve the lot split request and the setback variance for the existing dwelling, staff recommends the following stipulations: 4AAAAA Staff Report L.S. #90-01, Roger Hansen Page 3 1. The petitioner shall move the existing chain link fence from its current location to a location closer to the new lot line. 2.� The petitioner shall install erosion control structures (silt fence with hay bales) while the new dwelling is under construction. 3. . The swale to be constructed along the south property line of the existing house shall be re-vegetated as quickly as possible. 4. The petitioner shall maintain the swale for one year after construction. 5. Park dedication fees shall be paid at time of building permit issuance. PLANNING COMMISSION ACTION The Planning Commission voted to amend stipulation #3 to read: 3. The swale to be constructed along the south property line of the existing house shall be re-vegetated by November 1, 1990. The Planning Coa�mission voted unanimously to recommend approval of the lot split with the stipulations as amended and to acknowledge that the lot split creates a nonconforming situation for the existing dwelling. PLANNING COMMISSION RECOMMENDATION Staff recommends that the City Council deny the lot split request, L.S. #90-01. If the City Council chooses to approve this request, it should also approve the amended stipulations. 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Y 0 0 0 3 SITE PLAN 4FFFFF RESOLUTION NO. - 1990 RESOLUTION APPROVING A SUBDIVISION, IAT SPLIT, L.S. #90-01, TO SPLIT OFF THE SOUTHEASTERLY 92.35 FEET OF IAT 8, BLOCK 2, MOORE LAKE HILLS ADDITION, TO CREATE A SEPARATE SINGLE FAMILY LOT, GENERALLY LOCATED AT 6065 CENTRAL AVENUE N.E. WHEREAS, the City Council approved a lot split at the , 1990 meeting; and the Planning Commission stipulations attached as Exhibit A; and WHEREAS, such approval was to split off the southeasterly 92.35 feet of Lot 8, Block 2, Moore Lake Hills Addition, to create a separate single family lot, generally located at 6065 Central Avenue N.E. The legal descriptions for the two properties are as follows: Northwest Parcel: That part of Lot 8, Block 2, Moore Lake Hills, Anoka County, Minnesota, which lies northwesterly of the following described line: A line parallel with an 92.35 feet northwesterly of the southeasterly line of said Lot 8 as measured at a right angle to said southeasterly line. Southeast Parcel: That part of Lot 8, Block 2, Moore Lake Hills, Anoka County, Minnesota, which lies southeasterly of the following described line: A line parallel with an 92.35 feet northwesterly of the southeasterly line of said Lot 8 as measured at a right angle to said southeasterly line. WHEREAS, the City has received the required Certificate of Survey from the owner; and WHEREAS, such approval will create two separate parcels from Lot 8, Block 2, Moore Lake Hills. NOW, THEREFORE, BE IT RESOLVED, that the City Council directs the petitioner to record this lot split at Anoka County within six months of this approval or else such approval shall be null and void. PASSED AND ADOPTED BY THE CITY DAY OF , 1990, ATTEST: SHIRLEY A. HAAPLA - CITY CLERK COUNCIL OF THE CITY OF FRIDLEY THIS WILLIAM J. NEE - MAYOR on No. - 1990 4GGGGG EXHIBIT A 1. The petitioner shall move the existing chain link fence from its current location to a location closer to the new lot line. 2. The petitioner shall install erosion control structures (silt fence with hay bales) while the new dwelling is under construction. 3. The swale to be constructed along the south property line of the existing house shall be re-vegetated by November 1, 1990. 4. The petitioner shall maintain the swale for one year after construction. 5. Park dedication fees shall be paid at time of building permit issuance. � � cinr oF F� �� C011/iMUNITY DEVELOPMENT' DEPARTMENT M EMO RAN D UM DATE: May 3, 1990 �t�� , .� ; , TO: William Burns, City Manager ���� FROM: SUBJECT: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Variance Request, VAR #90-07, Stylmark, Inc. Attached is the staff report for the above-referenced item. The Appeals Commission recommended approval of the variance request to reduce the front yard setback for an office addition from 100 feet to 41.9 feet and 37 feet, subject to the following six stipulations: I. The petitioner shall submit drainage calculations and a grading and drainage plan prior to the issuance of a building permit. If necessary, the petitioner shall receive a permit from the Rice Creek Watershed District prior to issuance of a building permit. 2. 3. 4. 5. 6. The new parking area along Main Street shall be lined with concrete curb. The building additions shall be handicapped accessible. The petitioner shall review with the Fire and Building Inspectors the required fire protection sprinkler systems and comply with their requirements. The petitioner shall submit a landscaping plan indicating a continuous 3 foot screen between the parking area and Main Street. Adequate area to the north of the�addition shall be reserved for a 27 car parking area. The Appeals Commission also recommended approval of the variance to reduce the setback between a parking area and a main building from 5 feet to 0 feet, subject to the following stipulation: 1. The petitioner work with City staff to provide some type of protective device to prevent damage to the building. 5 5A VAR #90-07, Stylmark May 3, 1990 Page 2 Staff recommends that the City Council approve the front yard setback request as recommended by the Appeals Commission; however, staff recommends the City Council deny the variance request to reduce the separation between the building and parking area. BD/dn M-90-309 5B � t STAFF REPORT APPEALS DATE rtay 1, 1990 CI1Y OF PLAMN(' CONMISSION DATE FfZIDLEY CITY COl�1C�. DATE �y ,, �90 ,�,�►� BD:� REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION SITE DATA SIZE DENSITY PRESENT ZONING ADJACENT LAND USES � ZONM�IC URRES PARK DEDICATION ANALYSIS FNJANCiAL IMPLICATIONS CONFORMANCE TO COMPRE!-�NSNE PLMI COMPATBiLITY WITH AOJACENT USES 8� ZONNG ENVIRONMENTAL CONSIDERATlONS STAFF RECOMMEI�ATiON APPEALS RECOMMENDATION PLANNING COMMtSS10N RECONNAENDATION VAR #90-07 Sty]m�rk, Inc. - David Brink 'Ib redu�e the f�ront yard setback frcm 100 ft. to 37 ft. and 41.9 ft.; and to reduoe the setback between a parking a�a and a main building fxun 5 ft. to 0 ft. 6536 Main Strnet AI. E. 9.3 acres N/A NF-1, Lic�t Industrial N: Nf-1; E: R�1, R-3; S: Nf-1; W: 1�1 Available N/A N/A Yes Yes Approval with stipulations 5C Staff Report VAR #90-07, Stylmark, Inc. Page 2 A. PURPOSE SERVED BY REQUIREMENT: Section 205.17.03.D.(4).(a) requires a building setback from a right-of-way abutting a residential district to be no closer than 100 feet. �Public purpose served by this requirement is to avoid congestion in the public street, traffic hazards, and other dangers, and to protect and conserve the character of the adjoining neighborhoods. Section 205.17.05.D.(5).(d) requires all parking and hard surface areas to be no closer than 5 feet from the main building. Public purpose served by this requirement is to protect the building from unnecessary maintenance due to vehicles hitting the building. B. STATED HARDSHIP: "45 foot front yard setback previously granted" C. ADMINISTRATIVE STAFF REVIEW: Zoning History Three variances have been approved for development of this property. The first variance was granted in August of 1973 which reduced the front yard setback from 100 feet to 41.9 feet for the construction of an office addition. Another variance was approved in November 1985 which reduced the front yard setback from 100 feet to 82 feet to construct a warehouse addition. On December 19, 1988, the City Council approved a variance to the front yard setback from 100 feet to 47.9 feet for another office addition. The most recent approval was subject to four stipulations, one of which stated that future building expansion shall occur to the north to minimize the need for future variances. Protiosed Request Two variances are needed in order to expand the existing building. The first variance is to reduce the 100 foot front yard setback required for industrial properties across from a residential district to 41.9 feet and 37 feet. The proposed east wall of the building extends the existing building wall 5D Staff Report VAR #90-07, Stylmark, Inc. Page 3 (that was previously granted a variance to 41.9 feet) 96 feet to the north. However, at the northeast corner of this proposed office expansion, the petitioner is proposing an entry feature (see elevation plan) which will extend approximately 4-5 feet into the required setback. To the south of the existing building, the petitioner is proposing to expand the receiving and storage area by constructing a 70 ft. by 220 ft. addition which will occupy a portion of the existing parking area. The building expansion will be immediately adjacent to the parking area. The ordinance requires a five foot separation. The petitioner has also indicated on the plan an "alternate area" for further building expansion and underground garage expansion. The petitioner intends to construct to the alternate area limits this sunumer. However, this part of the building does not require a variance because it is located in conformance with the setbacks. Analysis Given that a previous variance to 41.9 feet has been granted in the past for an office expansion, the proposed continuation of this variance by approximately 96 feet to the north should not have an adverse impact on the surrounding neighborhood. It should be noted that with the proposed expansion, the total lot coverage of the site will be at 32�. The maximum for a one-story building is 40�; therefore, approximately 34,000 additional square feet could be constructed on the site. It should also be noted, however, that there is an alternative to construct the additional office space on the north side of the building without the necessity of a variance. However, this would not enable the petitioner to take advantage of the existing office area which was granted by a previous variance. The ordinance requires a 5 foot separation between the parking area and an edge of the building to preserve a vehicle overhang. An alternative available to the petitioner is to reduce the proposed expansion from 70 feet to 65 feet. Because there is a legitimate alternative to meet the ordinance, staff must recommend denial for this particular variance. After the expansion is completed, about 405 feet will remain between the north wall of the proposed expansion and the north lot line. 5E Staff Report VAR #90-07, Stylmark, Inc. Page 4 With the 122 space underground parking garage, 166 spaces will be provided on site. With all expansion areas, 193 spaces are required. However, Section 205.17.05.A permits a reduction of parking spaces if adequate area exists on site to satisfy the total number of required parking stalls. Adequate area does exist on the site; however, the petitioner should be aware that this area plus area needed for stormwater detention may limit the extent of future expansion. Because of the amount of the proposed expansion, the Engineering Department is requiring an on-site stormwater pond. A grading and drainage plan must be submitted prior to the issuance of a building permit along with appropriate drainage calculations. The Engineering Department is currently investigating whether the petitioner will need a permit from the Rice Creek Watershed District. Section 205.17.07.D.(4) of the M-1 district requires a continuous 3 foot tall planting strip between parking areas and public right-of-ways. A landscaping plan for the area between Main Street and the 16 space parking area shall be submitted prior to building permit issuance. Recommendation Staff recommends the Appeals Commission approve the variance request to reduce the front yard setback from 100 feet to 37 feet and 41.9 feet for the construction of additional office space, subject to the following stipulations: 1. The petitioner shall submit drainage calculations and a grading and drainage plan prior to the issuance of a building permit. If necessary, the petitioner shall receive a permit from the Rice Creek Watershed District prior to issuance of a building permit. 2. 3. The new parking area along Main Street shall be lined with concrete curb. The building additions shall be handicapped accessible. 4. The petitioner shall review with the Fire and Building Inspectors the required fire protection sprinkler systems and comply with their requirements. 5. The petitioner shall submit a landscaping plan indicating a continuous 3 foot screen between the parking area and Main Street. 5F Staff Report VAR #90-07, Stylmark, Inc. Page 5 6. Adequate area to the north of the addition shall be reserved for a 27 car parking area. Staff recommends denial of the 5 foot setback variance between the south wall of the building and the parking area, given that another alternative exists to meet the ordinance requirement. APPEAIS COMMISION ACTION The Appeals Commission unanimously recommended approval of the front yard setback variance request from 100 feet to 37 feet and 41.9 feet, with the recommended six stipulations by staff. The Appeals Commission also recommended approval of the reduction of the setback between a parking area and the main building from 5 feet to 0 feet, with the following stipulation: 1. The petitioner work with City staff to provide some type of protective device to prevent damage to the building. STAFF UPDATE During the Appeals Commission meeting, concerns were raised by the neighborhood regarding traffic, property values, and the ability of Stylmark to expand. It was explained that the manufacturing portion of the proposed addition meets all setback requirements and because the use is a permitted use, the petitioner has the right to obtain a building permit. It was also explained to the public that the property has been zoned M-1, Light Industrial, since 1958. As to the traffic conditions, staff will attempt to determine the amount of traffic which Stylmark contributes leaving the neighborhood at 2nd Street. This intersection is the only entrance and exit to this neighborhood. This information will be presented at Monday's meeting. Concerns regarding the property values will also be investigated and reported to the City Council at Monday's meeting. CITY COUNCIL RECOMMENDATION Staff recommends that the City Council concur with the Appeals Commission recommendation regarding the front yard setback reduction from 100 feet to 37 feet and 41.9 feet, subject to the recommended six stipulations. However, staff recommends that the City Council deny the variance request for the reduction of the setback between a parking area and the main building from 5 feet to 0 feet. CITY Ol' FI:IDT.EY PGT I'i ION C()'JI:R SHEL•'T Petition ho. 5-1990 Date F.eceived May 2, 1990 Cbject Object to any more additions that will enlarge the Stylmark Company because it is depreciating the property values, more traffic, and we do not want to see a parking lot factory out our front windows. P.^tition CheckEd By Aate Per.cent Signing Referrcd to City Council Disposition 5G .� G � . _� . \ ., . _ - -__. �i /�! l _ ..� W� �r�iv���_ _� - " " ' C�C" �! �, � _ . _ !� - - � . __ � � - �...- - --r , � C�l�/ ����` / / �l . JC/�" 1i� - . - -- - i /,�j� / _ . _ .. __ _---�—L/_vV -_ �- ----- -.-� . �`y� . __ _ . __ ----------- -- -- ___-------�- �- - --- �----- -1�---- , - - ---- � ` � �1'' --- _ - -, -��----- C�- - - �'%�� . � � _ _ �u��' � __ _ _ Gc.�; --- - - _ _ _-- •�-�?---- - ---- ��c� �i�'�� �--�'1�C� _ _ -- - - � � ,� �' . � � '� � " � c,� ��..��� _ _ �' _ _!Z. � -- --- - _ - --- — . �-�/`� �Y'-�� �f.��`-Q� _ L�/ G����IiI�'�' � �%� _ G� _ -C�. _ - . , _ _ � , _�1��� %��� o_C���-� ��� _'� _ ��-� _ _ _ --- ----- _ ---------- - - -- (��� Q,��, MV 5 _ � �. s _ _S �z ���w �� \ ��, �_ ��?.rr�aC'7 _����/,�'�- _ - - --- M^� _ o ;,,.�o► ��rs __ � e t� _�?e u�r.zrl.a - �� -��� �.t,�, -�e�.a:�_-;--- , � • � - - -------- ��7 d-:�7''�1.,��c-�%.� c,�� �,G.- ----- . � i � . < � � �� "�� � � , � � L'�� - - - - - -------- ---� ---- ---._ _ ._ .__ __ -- , , _ _. ----------- -- � _ --r-- - - _ _ --- - — ------------------ — -------•---- ----- ��f'VL/.Yy_�i'_ 1.��7t/w�-Lc� __ `� _...-- - -- ------- - -- ----------- - P' ---��'?��%�- - ---•-� - - � � ---- - ' ---- - - ---- ---- ---- - - ----- -- - - -------- - -- --- �� . - — -------- --- --- ---- - v __ / � --��C��'� C/ - - - — — ---- ------•----------���---M ,� S C�,�._`^..� ----- ------ — 51 CITY OF FRIDLEY !►PPEALB COMMI86ION MEETING, I�LAY 1� 1990 �rarr �. w.n..�.w..�..►w.�w.�. r r..r�.rr.r..�.w.w..�.�.r.�►�r.�►�r�..rw..►.►rw.�r�.r�rw.w�..r..►w..�.r�.w.�rrrw.���r.r�.w.1r�.► CALL TO ORDER• Vice-Chairperson Savage called the May 1, 1990, Appeals Commission meeting to order at 7:33 p.m. ROLL CALL• Members Present: Diane Savage, Kenneth Vos, Larry Kuechle Members Absent: Alex Barna Others Present: Barbara Dacy, Planning Coordinator David Brink, Stylmark, Inc Kevin & Barbara Rohan, 6705 Main Street Daniel Wintersteen, 6661 Main Street Walter Behun, 171 Rice Creek Terrace Buss Wagner, 181 Rice Creek Terrace Les and Alfreda Sokolowski, 6711 Main St. Terese Pekiara, 6715 Main Street John Bay, 6501 Main Street � APPROVAL OF APRIL 10 1990. APPEALS COMMISSION_MINUTES: MOTION by Mr. Kuechle, seconded by Dr. Vos, to approve the April 10, 1990, Appeals Commission minutes as written. IIPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERBON BAVAGE DECLARED T8E MOTION CARRIED IINANIMOIISLY. l. CONSIDERATION OF VARIANCE REOUEST VAR #90-07, BY STYLMARK, INC.• Pursuant to Section 205.17.03.D.(4).(a) of the Fridley City Code to reduce the required setback from a tight-of-way abutting a residential district from 100 feet to 37 feet and 41.9 feet; and pursuant to Section 205.17.05.D.(5).(d) of the Fridley City Code to reduce the setback between a parking area and a main building from 5 feet to 0 feet, to allow the construction of additional office space in conjunction with a qeneral overall building expansion project, on Lots 2-10, Block 6, Rice Creek Plaza South Addition, and Lot 20, Block 5, Lowell Addition, the same being 6536 Main Street N.E. MOTION by Mr. Kuechle, seconded by Dr. Vos, to open the public hearing. 5J �PPBALB CO�I88ION l�EETING, l�I�Y 1. 1990 PAGE 2 �PON A VOICE VOTE, ]1LL VOTING PiYE, VICB-CHAIRPER80N BAVAGE DECLARED THE MOTION CARRIED IINANIMOIISLY 11ND THE PIIBLIC HEARING OPEN AT 7:35 P.M. Ms. Dacy stated the Stylmark property is located west of Main Street and north of Mississippi Street. The property contains approximately 9.3 acres. The Stylmark property is zoned M-1, Light Industrial; the property to the east is zoned R-1, Single Family Dwelling, and the property across the street is also zoned R-1, Single Family Dwelling. Ms. Dacy stated two variances are needed in order to expand the existing building. The first variance request is to expand the office area along the same buildinq line at a setback of 41.9 feet (100 feet required) and 37 feet for the pillars of the small entrance to the office area. The petitioner is proposing to expand the existing building by approximately 50,000 sq. ft. It is important to note that the proposal to expand the manufacturing area to the north does meet the 100 foot setback from Main Street. Ms. Dacy stated the petitioner is also planning to expand onto the south part of the building toward Mississippi Street. The second variance is needed, because, as proposed, part of the south building wall will be directly against the parking area. • The Code requires a 5 foot separation between the edge of the building and the parking area. This proposed addition meets all the building setbacks. Ms. Dacy stated the site has been granted three previous variances, the most recent was in 1988 for the office expansion to the south part of the property. Of concern during that application process was the amount of parking spaces on site. However, the petitioner is proposing an underground parking garage to the north. With the 122 spaces underground, 166 spaces will be provided on site. Based on staff's calculations, the number of spaces the petitioner is proposing on site is still below the minimum required by the Code (193 required). Because of the number of employees, the use does not demand 193 spaces. However, there is enough area on site that if they needed more parking, they could expand to the north for additional parking. Ms. Dacy stated the Engineering Department is investigating whether the petitioner will need a permit from the Rice Creek Watershed District. The Engineering Department will also be working with the petitioner to investigate the necessity to put a storm water retention basin on the north side of the proposed addition. Ms. Dacy stated that regarding the proposed office extension, because there have been three variance approvals in the past :�1,7 l�PPEALS CO�ISSION MEETZNG. MAY 1. 1990 PAGE 3 stating that the encroachment from 100 feet to 41.9 feet for this office area long Main Street is appropriate, staff is recommending the Appeals Commission recommend approval of the variance to reduce the front yard setback from 100 feet to 41.9 feet and 37 feet. Ms. Dacy stated that regarding the variance to reduce the setback between the building and parking area, staff must recommend denial because another alternative does exist to meet the ordinance. That alternative is to reduce the building width from the proposed 70 feet to 65 feet. Should the Appeals Commission recommend approval of these variances, staff is recommending six stipulations: 1. The petitioner submit drainage calculations and a gradinq and drainage plan prior to the issuance of a building permit. If necessary, the petitioner shall receive a permit from the Rice Creek Watershed District prior to issuance of a building permit. 2. The new parking area along Main Street shall be lined with concrete curb. 3. The building additions shall be handicapped accessible. 4. The petitioner shall review with the Fire and Building Inspectors the required fire protection sprinkler systems and comply with their requirements. 5. The petitioner shall submit a indicating a continuous 3 foot parking area and Main Street. landscaping plan screen between the 6. Adequate area to the north of the addition shall be reserved for a 27 car parking area. Mr. David Brink, Stylmark, Inc., stated the 5 ft. hard surface variance is at the south end of the building. To date, their building has a grass berm in that area of about 5 feet. The problem is that the grass is not cut, it is not sprinkled, and the weeds are not treated, so it becomes a messy area. The area is below grade and backs up to the railroad tracks. Mr. Brink stated he understood that the reason in the Code for the 5 ft. hard surface setback to the building is to keep cars from hitting the building and an unsightly building. He stated they really need the width there to have ample parking backing up both ways. They would maintain that the building would not get damaged. If it did, they would repair it. Mr. Brink stated they are proposing 166 parking stalls. The Code, by square footage, requires 193. They have been counting 5L �PPEALS COMMISSION MEETING, MAY 1. 1990 pAGE � cars randomly for the last few weeks, and the amount of cars ranges from a low of 85 cars to a high of 95 cars. At this time, all their shipping is done off the north end of the building. That will all be moved to the back by the railroad tracks. There will be 122 spaces underground, so that will eliminate a lot of surface parking. Mr. Brink stated that through their contractor, they have been talking to the Rice Creek Watershed District, and they will be happy to work with the City Engineering Department on drainage issues. The landscape plan is being worked on right now. Mr. Brink stated that regarding the trees on the property, with the construction they will lose some oak trees, but the majority of the trees are box elder, cottonwood. He stated they anticipate expanding again within the next 10 years, and they are considering taking some of those scrub trees out and planting them with good trees. Dr. Vos asked about lot coverage with the expansion. Ms. Dacy stated that with the proposed expansion, Stylmark is at approximately 32$ lot coverage. The Code allows 40$ lot coverage, so that adds up to approximately 34,000 sq. ft. Mr. Kuechle asked what plans the petitioner had to prevent vehicles from running into the building. Mr. Brink stated their own employees park there, and he did not anticipate that happening very often. Mr. Daniel Wintersteen, 6661 Main Street, stated there is a children's park and playground directly across the street from where the traffic will come out from the underground parking garage. Mr. Brink stated they will not be adding any more traffic than they have at the present time. Most of the traffic comes up the back service road to the south parking lot. The only cars that come down the front are the immediate office staff and visitors. Traffic on Main Street is not that heavy. . Mr. Daniel Wintersteen, 6661 Main Street, stated he lives across the street from Stylmark. He stated that they have gone along with Stylmark's request for variances to expand twice, but now they want to expand again. His property value has gone down enough because of the expansions to Stylmark. He cannot just stand by and see his life savings go down the drain. He stated he is opposed to the expansion completely. 5M �PPEALS COMKISSION MBETING, I�AY 1, 1990 PAGE 5 Mr. Wintersteen submitted a petition against any more additions to Stylmark signed by residents on Main Street, Rice Creek Terrace, and one resident on 2 1/2 Street. �OTION by Dr. Vos, seconded by Mr. Ruechle, to receive Petition No. . IIPON � VOICE VOTE, l�LL VOTING �YE, VICE-CHAIRPERSON BAVAGE DBCLliRED THE KOTION CARRIED ONANIMOIISLY. Mr. Buss Wagner, 181 Rice Creek Terrace, stated Mr. Brink stated they plan to expand again within the next 10 years. Where is all that additional traffic going to go? It is bad enough now. Ms. Savage reminde� those in the audience that the Appeals Commission can only address the variances requested by the petitioner, not any present or future expansion. These issues will have to be brought up at the City Council who makes the final decision on these variances. Ms. Dacy stated she also wanted the public to understand that the variance requests are for the encroachment of the office portion and building on the south side of the site. The entire property is zoned M-1, Light Industrial, and has been since 1958. If Stylmark was not proposing this office portion, they have the legal right as a permitted use in the M-1 district to come in and get a building permit for this addition. As far as the neighbors' concerns about additional square footage and traffic, the City is also concerned about these things, but the City really has no choice, because as long as the property owner meets all the zoning code requirements, they can get a building permit and e�cpand up to 40$ lot coverage. Mr. Les Sokolowski, 6711 Main Street, stated that when they purchased their property, they had an agreement between the City of Agreement and them that this is a residential neighborhood. He did not see how the City can change the tone of the residential neighborhood, because they pay their taxes as a residential area. Ms. Dacy stated it is unfortunate, but this same type of zoning pattern exists all over the City of Fridley and causes many concerns with residents who live across the street from industrial areas. Ms. Dacy obtained copies of the 1958 zoning map and the 1965 zoning map and showed the residents in the audience that this property was already zoned M-1, Light Industrial, in 1958 and has stayed that zoning since that time. Mr. Sokolowski stated that he had contacted a real estate agent who told him that he has already lost approximately 25-30� in 5N ��PEALB COMMISSION KE�TING, ![AY 1. 1990 __PAGE 6 property value. This is something about which he is very concerned, and they want the City to consider this. Mr. Wagner, 181 Rice Creek Terrace, stated a real estate person had offered him just what he is paying taxes on right now, and that is not right. Ms. Barbara Rohan, 6705 Main Street, stated they are totally against any further expansion of Stylmark. She stated 2nd Street is t�e only access to Stylmark, and the residents on 2nd Street, Main`Street, Rice Creek Terrace, 67th Avenue, and Plaza Curve. It is extremely difficult to get onto Mississippi because of the back-up of cars on 2nd Street. It is a dangerous situation for the children in the area, and there are a lot of little children in the area. And, there is also the traffic from the Fridley Bus Company, especially between 3:00 - 3:30 p.m. with the school buses coming and going. Dr. Vos asked if any traffic counts had been done on 2nd Street. Ms. Dacy stated there are no traffic counts at 2nd Street and Mississippi. Staff can attempt to get some peak hour traffic counts of traffic for Stylmark traffic and other traffic at the 2nd Street/Mississippi Street intersection before this goes to City Council on Monday, May 7. A resident stated that there is also the problem of over-the-road buses that come in and out of 2nd Street from the Fridley Bus Company. Dr. Vos stated since the only access into this neighborhood is at 2nd Street, there is a safety hazard to the residents in that area. It is also the only access for emergency vehicles to get into and out of that neighborhood. This is a concern that should be expressed to the City Council. OM TION by Dr. Vos, seconded by Mr. Kuechle, to close the public hearing. IIPON A VOICE VOTE, �LL VOTING AYE, VICE-CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED ONANIMOUSLY 11ND THE PIIBLIC HEARING CLOSED AT 8:25 P.M. Mr. Kuechle stated that regarding the variance to reduce the setback between the parking area and the building, he would really like to see some type of protective stop to prevent cars from hitting the building. The stop did not necessarily have to be 5 ft. back from the building. He stated he would be in favor of the variances, with the stipulations recommended by staff and an additional stipulation regarding some type of protective measure to prevent cars from hitting the building. Whether or not they approve the variances will not have any impact on the 50 �pPEALB CO1rIIrII88ION KEETING. MP►Y 1. 1990 � PAGE 7 neighbors, because the neighbors are opposed to any expansion with or without variances. Dr. Vos stated he would be in favor of the first variance as long as the building stays in the same site line. He was not concerned about the variance to 37 feet for the entryway, because that is a decorative part of the building. In looking at the November 15, 1988, Appeals Commission minutes when Stylmark was requesting a front yard variance to 47.9 feet, three Commission members mentioned how good a neighbor Stylmark was to the residential area. It was interesting that now Stylmark is no longer a qood neighbor, because they want to expand. He would agree with Mr. Kuechle that there should be a stipulation to prevent damage to the building. Dr. Vos stated that one of the most important stipulations for the neighbors is the drainage plan. This will ensure that the surface water will not be running dowr� Main Street towards their properties. O�i TION by Mr. Kuechle, seconded by Dr. Vos, to recommend to City Council approval of variance request, VAR �90-07, by Stylmark, Inc., pursuant to Section 205.17.03.D.(4).(a) of the Fridley City Code to reduce the required setback from a right-of-way abutting a residential district from 100 feet to 37 feet and 41.9 feet, with the following stipulations: 1. The petitioner submit drainage calculations and a grading and drainage plan prior to the issuance of a building permit. If necessary, the petitioner shall receive a permit from the Rice Creek Watershed District prior to issuance of a building permit. 2. The new parking area along Main Street shall be lined with concrete curb. 3. The building additions shall be handicapped accessible. 4. The petitioner shall review with the Fire and Building Inspectors the required fire protection sprinkler systems and comply with their requirements. 5. The petitioner shall submit a indicating a continuous 3 foot parking area and Main Street. landscaping plan screen between the 6. Adequate area to the north of the addition shall be reserved for a 27 car parking area. And, pursuant to Section 205.17.05.D.(5).(d) of the Fridley City Code to reduce the setback between a parking area and a main building from 5 feet to 0 feet with the following stipulation: 5P appEALB COI4iI88ION MBETING, lU►Y 1. 1990 PAGE 8 1. The petitioner work type of protective building. with City ctaff to provide some device to prevent damage to the To allow the construction of additional office ansioniproject, on conjunction with a qeneral overall building exp Lots 2-10, Block 6, Rice Creek Plaza South Addition, and Lot 20, Block 5, Lowell Addition, the same being 6536 Main Street N.E. IIPON 11 VOICE VOTE, 71LL VOTIIdG 11Y$, VICE-CHAIRPERBON BAV]1GE DECLARED THE lIOTIOI�T CI►RRZED �IJAI�tIl�I0II8LY. Ms. Dacy stated this item will go to City Council on Monday, May 7. Ms. Savage recommended that concerns to the City Counci contact their Councilmember, meeting. ADJOURNMENT• the neiqhbors express all theiralso 1 at that meetinq and that they Ed Fitzpatrick, prior to the Council OM TION by Dr. Vos, seconded by Mr. Kuechle, to adjourn the meeting. Opon a voice vote, all votgaiSaCommissi nhmeetinq n Bsvaqe declared the ![ay 1, 1990, 71pp adjourned at 8:55 p.a. Res�ctfully submitted, C�-�-- Lyn Saba Recording Secretary 5Q B I G N— IN 8 H E B T .2 7►PPEALS COlrIIriI88ION �EETING, Mav 1. 1990 � �r -� .. �� -�� � r. �µ�rr `�pl � , �a'�'�. � q � ���,��_ r ..p� r �`_ ♦ � � r 4� �� ` � y � � . s (!� C'') '� - � wq t,,,E _ /( I �_ I I � VAR 4�88-26 is C "�r,�n, -.,,� ` ,. � � � � � � 1 '� _ `� sn� � I y ` � (i�) ' � t �, �� : � � ► ��S'o , �-.;'� = tsI � ; ���� s ` � � � �vo (w� • ,� ,�;',n � (D` l3r�o, � 1 (�►) p ��" : �� ZA N�� W . ,-�.� c �30 �,o � A f � � , r„� ' P t ,. Z ' �� " ��3/ !� "'h . W � ��� ro� - Q � , (n� �? �.O,d-�,.. ,� �7� 1 < , `i ^s Z 1� f i7�J �* f �) u' i� •�,, o ; a c��r- rs t: 1— . < <w f ,�.� � p�. � �, �D�; s 6 ,2 tf: � AO ���` Q� , r F�l ' ��sl • o.�w i I �L, trb !I�/ � �t �� � e %N� , � u�� `,�� ; � a �o F,, , o��- 81 *A � � (�'1 �D sw�a,. 4 � �► �j _.. .. .. ,� . (�i :..`: � O . R AO /'Jt� .__... , '� I t , �- ! 'AM O QM� I • ` � N���� ; , �r� �'>, ��"30 UNIVERSITY AVENUE � � .� N _��: ,' t�,�' � , � `� +. , �r ' �° � yR ' i. �>. Qk � C+.;i °f'`� �{ � � . , F+) �. , - ; O � ' ,� <�. �� ,r ' � � �' Aw7 MAr%� � r � , '� . �� r ; E ' ' �� t ` � � �,4, r �, �r �I7� � � � � � ,wr.a��.,v..�y ' ~ � �!'.• r�� s . t '\ �� � M/ 6'sf' ,�' q,r'' � -- � � �� _ _ __ _ „__ T . J' .. -- . .__.____'_____._'_�_�_. ...���.: LOCATION MAP � 0 .-�fl= � 0 � wd c �`C�� /:� ���t JJ.7:� ��:���; . � � ����i�►�<•v���♦♦� � '-"' ��1�►���1����►�►1♦ ►���� �������7��� ♦�������♦� .. '��+� �7ir��.:�ilr.1����'� . .l?; ;1�i I • :'t%G� C• 7�i��� ♦ �����, �^� � � � ������,�`�1 ����� �����,�.��' i'�'�'� �'�• - - =�t �':-►�i� • ���������,��� , �•�•,;•� ���� ������i►����� - �!����i►�i��� �������� �! �I ��������t �%). • ��w����1; :�, ���v�v�� ^`� I ' ��������,�� : . �.�.�_� � • ' :������:�,� ��� � � � �� � \ ► 1l � � T I '! 1 "Aiternate Area" ► 11,039 sq. ft. I �� I � . ` �, �� : Entry � 37' vs. 100' �� . Proposed Office 41.9 vs. 10 0' '�s`�Proposed Storage 0' vs. 5' SITE PLAN 5U ,: .,, ; ,�-. -• .. ti• - �� .� . titi �� � �o-a►e�te �re� 9�� ' Add t t.039 Cz.SF. to �,Q Schertie 1 Garafle Pedestrian Exit '� � 0 0 . LOWER LEVEL GARAGE .--.-. .-_.-_. � ._ _. ._.-. 122 STALL3 j_ � -- ._.—. .—._. --I--�—_ za'-�'----�-- � / _. � ._--.—._ .�.._._. . .— � —.. .— , , . Pedestrien Floor Elevatiort 88'-0' f � Exit Stairweq �Way Ramp Up� � "` v For All &ildinfl and Cokmn SPed�B Dimensions See Frst Floor Plan .. .. • �'�^� Underground Parking Garage Plan 5V ENTRY AXUNUMt I Kl�; I V � :J _ � � ZK �t �j � �. � � 1 - ,BO[�NOAR1' ANO TO,• ✓6RAPH/C SUR�/C—`� OR� VA1V E3�/ /NVESTMCNT CO._, /NC. �Yipr�d � • SCHOELL £ MADSON, /NC. ���aPk�.)�r�� LOCKE LAKC � r<•.. o ..,.. .-, ., —.�. __� �¢��I I I � � �� i Y �.. Ii I _. . � � //N�- ' i .--- ../N �~_�', �`'� �...���� �� i I ,�� �1 1 ./ ~ I)r. � /' ' So' fLAEOlL.dG1II� r. . l�.t.aJ - uwi.. ..r.u� .t•<eta... t. - wwa. .eut�� a�a. w.e.. + .�•e. {. M�! 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N.y. re. a7)s D�.W�NG 2 . i Existing Site Survey �J� APPFALS OCNMISSI�1 I�,'TIlVG, NU�TE�R 15 , 19 88 PAGE 2 Public purpose served by this requix�anent is to provide adequate c�peii spaoe areas arauid industrial stnictures fo� aesthetic and fire fi�ting P�S• 8. S'TATID i�1FtDSfffP: "F�cisting building is dt thi3 setback, " C. AC@LIlJISTRATIVE S'TAF�' REVIEW: The petitioner,3tylmark, is requesting a variance which wvuld reduoe the front yar3 setbadc required for an industrial building adjacent to a residential district frocn 100 feet to 47.9 feet. Stylmark is pit�posing to oonstsvct an addition v�iich w�u1d conform with the existing frant building setback an+3 utilize tiie current building layout. The addition will provide additional offioe, cafeteria, and bathn�an facilities. The City has previwsly approved t�a�o similar requests fran this property. The first variance was grantQd in Auc�ust 1973 �ich reduced the frant yard setback from 100 feet to 41.9 feet for the oonstru�ction of an office addition. Another variance aras appraved in Navenber 1985 which reduced the froa�t yard setback fran 100 feet to 82 feet ta canstruct a warehouse addition. A variance is justified if the strict application of the zoning ordinance wa�ld cause undue fiard.ship for tl�e property owr�er because of the site's characteristics. Stylmark is situated on 9.3 acres of industrial lar�d. The existing building is located on the southern end of the site ar�d covers 16$ of the land. This location pzvvides anple e.�ansion apportunities to the north of the building without the necessity of a varia�ce. If this area was used to e�and, the petitioner could not utilize the existing flcor layout. Therefore, the hardship is a�ctually created by the building itself and not the site's c�aracteristics. Consideratian should be given to this but also to the fact that tw� similar requests have been previously appraved for this property. This proposal ccR�lies with all otl�er applicable zaniuig requir+e�nents exoept for parking supply. C�z�ently, the site a�ntains 95 spaoes, 76 of �icii are used by its 77 e�lcyy�ees. The proposed addition wculd increase the rnsnber of spaoes required fraa 110 to 116. Due to the actual mm�ber of eRplc�yees, the application of this oz,dinanoe may be irntalid. Staff suggests that the petitioner sut�cnit a site plan at the t.ime of building perndt applica- tion which wo�ild delineate a 21 stall parking lot for future use if a parki�g shortage does occur and is dec��ed ryeoessary by the City. If apprav�eci, staff z�eoaRnends the follo�ring coriditi�s be attached to the ' pernut: 1. Zhe addition be architecturally ooRQatible with the existing building. 2. �he applicant shall submit a l,arxiscape plan to the LYt�, Staff for a review and appr�val porior to the buildi,r�g permit issuanoe. �e plan shall ���e ���9 Paz'�4 � s�ing fram public right of-way. I�xiscapin4 to be installed bj, June 1, 1989. 5Y APPEALS CONMISSION N�.TING, NOVII�iB�t 15, 1988 PAGE 3 3. Prior tA building peanit issuance, Stylmark shall suixni.t a site plan which would delineate a 21 stall parking lot for future use if a shortage of stalls occurs ar�ci is deened necessaty by the City. 4. Ft�ture building e�ansion sfiall occur to the north to m; n; m; ze the need for future variances an the south side. Mr. Clerk sha,red an aerial photo of the praperty. He stated Stylmark is proposing to construct the new office addition at the same front yard setback as the original building. He stated Mr. Otto and Mr. M�ooty were at the meeting to answer any questions the CcRmissioners might have. Mr. Clark shvw�ed an elevation of the property and a layout shawing the existing characteristics of the present office area. It dgnonstrates that if they are going to add office space, the proposed location was the most logical one. Dr. Vos asked what kind of relationship Stylmark had with its neighbors. Mr. Mooty stated they have a very good relationship with their neic�bors. As far as he knew, they hav�e never had arry prablans with the neighbors. MOZ'ION by Dr. Vos, se�nded by Mr. Sherek, to close the public hearing. UPON A WICE VOTE, ALL VO2ING AYE, CHP,IRPERSON BARNA DDCLARID TI� PUBLIC F�P,RING Q,OSID AT 7:55 P.M. Mr. Kuechle stated he lives in this general area, althouc� not on Main Street. He stated he thaught Sty]mark was a very nice looking business with clean, well kept grounds. He would be in favor of reoanrnendi.ng approval of the variance with stipulations. Mr. Sherek stat� this loo�ced like a c3ood plan, and Sty]mark has been a good neighbor in Fridley's oo��ercial ooRmunity. He w�ould wte in favor of the variance. Ms. Savage stated she also agreed. The building is very attractive, and it does not intrude into the residential area. in�at Stylmark is rec�sting is a setback that is already existing with the original building. She could see no reasoaz to deny the variance when, an twn previaus occasions, variances were granted. 5he wauld be in fav�or of the varianoe. Dr. Vos stated this �ras a reasonable request, and Stylmark was keeping the site lin�es the same on Main Street. He would wte in favor.of the variar�ce also. Mr. Barna stated he was also in fawr of reca��r�ding approval of the variance. The building would look nice architecturally. 5Z APPFAIS OCAT4ISSION MEETIlJG, NO�IIIKBgt 15, 1988 PAGE 4 M02ION by Dr. Vos, seoorrled by Ms. Savage, to r�ier�d to City Crnu�cil approval of variance requ�est, VAR �88-26, by Dorin Mooty, pursuant to Sectioci 205.17.03.D, (4) ,(a) , of the Fridley City Code to redu�ce the front yard setback from a street right-of- way abutting a residential district fran 100 feet to 47.9 feet to al]�aw t,he oonstnlction of an addition to the existing building ori Lots 2-10, B].ock 6, Rice Creek Plaza, South Ariditi.on, the sa�ne being 6536 Main Street N,E. (Stylmark) , with the follo�o�ring stipulations: 1. The add.itiori be architectura].ly ocn�atible with the existing building. 2. Zhe applicant shall submit a landscape plan to the City Staf.f �ar a reviea and approval priar to the buildir�g permit issuanoe. Zhe plan shall increase the exi,sting parkinq lot .screenir�g fraa public rightrof-�aay. Iandscaping to be inctalled by Jtme 1, 1989 3. Prior tA building perntiit issuance, Sty]mark shall st�mi.t a site plan v�ich would delineate a 21 stall parking lot for future use if a shortage of stalls occurs and is deared necessaxy by the City. 4. Ftiiture buiTding expansian shall oocur to the north to minimize the need for future variances an tlie soutfi side . � •• • M � � � � r• r�-a�� • :• •� ►• � a« � • a� i • �' �•i���� r� � .• ti Mr. Clark.stated this item would go t� the City Covncil on Dec�nber 19, 1988. CONSIDII2ATION OF 1989 CONA�IISSI�1 NiEETIl�iG- D T� ; r,o►rloN by r4s. savage, secoryaea by r2r. Kuectile, to approiv�e ttye 19s9 Appeals Camussian meeting dates as presented arith the follc�ring c.harx,�e: October 31 to be chariged to October 24. UPON A VI�ICE VO►iE, AI�L VO'iIl�TG AYE� CE�,IRPER.90�N BAItNA DF�Q�Ft'm TI� MOTION CA�tIID U1�NIlKOiJSLY. lC�nj� �1:�� 5����� MQTION by Mr. Sherek, secorried by Mr. Kuechle, to adjourn the meeting- Upon a voice wte, all voting ayer Chairperson Barna declared the Nov. 15, 1988, APPealS Catmissiori meeting acljourn�ecl at 7:55 p.m. Respectfully submitted, �. L,i'r= 7 � , � � L " Saba Reoordirbg Secretazy t � unroF fRIDLEY DATE: TO: FROM: C0�1/WiUNI'i'Y DEVELOPMENT' DEPARTMENT MEMORAN DUM May 3, 1990 s �� '� William Burns, City Manager ��• Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator SUBJECT: Approval of Indemnification Agreement for Bikeway/Walkway Easement on Target Warehouse Property As a stipulation of the Target plat approval, and in order to retain a connection to Locke Park, the City Council required Target to dedicate a 15 foot bikeway/walkway easement. The attached Agreement states that the City will be responsible for the design, construction, and maintenance of the bikeway/walkway �- within the dedicated easement area from 73rd Avenue to the south property line of the Target property. The Agreement also states that the City will hold Target harmless for any loss or damage, except to the extent that such loss or damage is caused by the negligence of Target. Dave Newman reviewed the terms of this Agreement informally with the City Council last fall. Staff recommends the City Council approve the attached Agreement and authorize the Mayor and City Manager to execute the Agreement. BD/dn M-90-305 � INDENII�IIFICATION AGREEI�:NT This Agreement is made as of this day of September, 1989 between the City of Fridley, State of Minnesota, hereinafter referred to as the "City," and Dayton Hudson Corporation, a Minnesota corporation, hereinafter referred to as "Target." The parties agree as follows: 1. By a Quit Claim Deed dated October 4, 1989, Target granted to the City an easement for pedestrian traffic over and across certain property (hereinafter referred to as the "easement area") owned by Target. A copy of said Quit Claim Deed is attached hereto as Exhibit A. 2. It is acknowledged that the easement area will be available for the use of the public. The City agrees to be responsible for the design and maintenance of the improvements to be constructed on the easement area. In consideration of the grant of said easement, the City agrees to defend, indemnify and hold harmless Target from any claims, suits, actions, loss or liability made against or incurred by Target in connection with any death, personal or bodily injury, or property damage occurring upon the easement area, except to the extent that such death, personal or bodily injury or property damage is caused by the negligent act of Target. 3. This Indemnification Agreement shall remain in effect for as long as the above-described easement exists. IN WITNESS WHEREOF, the parties have caused this indemnification agreement to be executed as of the date set forth above. DAYTON HUDSON CORPORATION By: and By: Name: Title: Name: Title: 032690/DOC2/INDEMNIFICATION CITY OF FRIDLEY By: Name: Title: and By: Name: Title: . ' . : QIIIT CLAII� DEED INDENTURE made this �_ day of oL��%P�" , 19�, between Dayton Hudson Corporation, a Minnesota corporation, Grantor, and the City of Fridley, Minnesota, Grantee. WITNESSETH, That the Grantor, for and in consideration of the sum of One and 00/100 Dollar ($1.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, does hereby Grant, Bargain, Quitclaim and Convey unto the Grantee an easement for pedestrian traffic, and to include construction and maintenance of a bicycle and walking path, over and across the property described on Exhibit "A" attached hereto and hereby made a part hereof. TO HAVE AND TO HOLD THE SAME, together with all the hereditaments and appurtenances thereunto belonging or in anywise appertaining, unto the said Grantee, its successors and assigns forever. DAYTON N RPORATION � , 1:= • - j 1� . � r . � `. �'! 4 � . B � �' and By : - - - _� r - '�. a e: Jack D. Fontaine Name: William P. Hise Title: Sr. Vice President Title: Asst. Secretary STATE OF MINNESOTA COUNTY OF HENNEPIN ) ) Ss. ) The foregoing w acknowledged before me this � day of �L ber' , 19�, by Jack D. Fontaine and William P. Hise, the Senior Vice President and Assistant Secretary of Dayton Hudson Corporation, a Minnesota corporation, on behalf of the corporation. � BARBARA E. ERiCICSON ' }qSAiiY PuBIK'.-YtME80TA Notary lic HENNEPIN COUNTY � W COAIYISSCN OiPWEi 617�M Send tax statements to: Tax Parcel No. This is not homestead property Return to: State deed tax: $ This instrument drafted by: Dayton Hudson Corporation 33 South Sixth Street Minneapolis, l�T 55402 091289/DOC2/QUITCLAIM EXHIBIT A sc A 15-foot strip of land being a part of Lot 1, Block 1, Target Northern Distribution Center Addition, according to the plat thereof of record in Anoka County, Minnesota; said 15-foot strip being located 7.5 feet on each side of the following described line: Commencing at the northwest corner of said Lot 1; thence along the north line thereof, South 89 degrees 06 minutes 24 seconds East, assumed basis of bearings, a distance of 475.94 feet to the point of beginning of the line to be described; thence South 0 degrees 53 minutes 36 seconds West 5.00 feet to a point of curvature; thence along a curve, concave easterly and having a radius of 75.00 feet and a central angle of 49 degrees 53 minutes 53 seconds, an arc distance of 65.32 feet to a point of tangency; thence South 49 degrees 00 minutes 17 seconds East 21.71 feet to a point of curvature; thence along a curve, concave westerly and having a radius of 75.00 feet and a central angle of 75 degrees 49 minutes 54 seconds, an arc distance of 99.26 feet to a point of tangency; thence South 26 degrees 49 minutes 37 seconds West 84.24 feet to a point of curvature; thence along a curve, concave northwesterly and having a radius of 95.00 feet and a central angle of 53 degrees 00 minutes 38 seconds, an arc distance of 87.90 feet to a point of compound curvature; thence along a curve, concave northerly and having a radius of 185.00 feet and a central angle of 32 degrees 24 minutes 27 seconds, an arc distance of 104.64 feet to a point of reverse curvature; thence along a curve, concave southerly and having a radius of 185.00 feet and a central angle of 31 degrees 48 minutes 36 seconds, an arc distance of 102.71 feet to a point of tangency; thence South 80 degrees 26 minutes 06 seconds West 124.96 feet to a point of curvature; thence along a curve, concave southeasterly and having a radius of 85.00 feet and a central angle of 50 degrees 25 minutes 36 seconds, an arc distance of 74.81 feet to a point of tangency, thence South 30 degrees 00 minutes 30 seconds West 29.77 feet to a point of curvature; thence along a curve, concave easterly and having a radius of 130.00 feet and a central angle of 30 degrees 30 minutes Ol second, an arc distance of 69.20 feet to a point of tangency� in a line drawn 7.5 feet easterly from, and parallel to, the westerly line of said Lot l; thence along said 7.5 foot parallel line South 0 degrees 29 minutes 31 seconds East 792.81 feet to the south line of said Lot 1, and there terminating. The side lines of said 15-foot strip shall be extended or shortened as necessary to form points of curvature and tangency, and shall terminate in the north and south lines of said Lot 1. Sheet 1 of 1 October 31, 1989 JVC7-18.2 —��-e- Q C � � W Z W U ; � � � � a �_° ¢ � � � c0 p c E �z m = a F. O Z W � � � � � � ss wr �ww!+r �t A ••� 1�77 �� NI 0� � 1/ a • �- � 2 � : � � � g' 0 �t � r�� �a f 3 x ' � � � � . � � � ' Q� � '�b.� j ' . .1 i.� � �. �� _ s .. °' � � � c�� � � : . � . � �. ��.� ''�„� � ~ Y .. b � 1 �t �t` � �b �1-0 �� °' ��i gF. ,� • ~ J � � < � � O j �� � OJm ��i i�� �Q . � ' � oy`' '� . r�* �, S (/w+� M �' w /ir!! � 7!p� �� � � " .:.• = I z .: � _ :; �Q �^ � '. � W . .� i � � x '%M ,I.V.�/� I MsVr i/ 1 Y U� 0 �' J Y �' • � � � ., <• :t � ` W �'� � s w z . o W '�� , o � , .� � � > � �_ +�~� • y < �_ � i = zi� � ^ °: � � N � �. � Q i � • � e � � t_ W a (., � Y � � v 3 s� � �° I � ti I f r I 1 � ... i �� � �� s .: _ � I� b j � �i ,• � ��� � r ' �i • . z� � �. - ,... � < � � � '° I s ' -' � � � � ��� � � �r � � e� , • �� � /ra+rltN /.��p '. � •:�/.�, � �. MtN.�, I r � I pltt ' M1J' �l/I� N�' �iM /r d/ fKJ IrAM ( �17� /� 7J Acti ie� AV /� �.I /s+Yy • (`a0 �N �l1ih) s �oN ;.3nans aNdi 03a31S193� ' � PRELIMINARY PLAT t � ctnroF F� �� C0�1/iMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM DATE: May 3, 1990 r�` �`, i TO: William Burns, City ManagerL� FROM: SUBJECT: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Easement Agreement with MT Properties to Allow Bikeway/Walkway to Cross MT Property's Easement The attached Agreement permits the City to construct, operate, and repair the bikeway/walkway from the Target property across the 50 foot wide the railroad property between the Target Warehouse property and Locke Park. As in the other Agreement, it states that the City agrees to indemnify MT Properties from any loss, damage, or injury, except in the instance that any loss, damage, or injury is a direct result of the negligence of MT Properties. Councilwoman Jorgenson had a concern regarding the sounding of horns on the train to alert users of the bikeway/walkway. We asked the operator of the railroad to address this issue (see attached response). The City will also be installing the standard cross-buck standards in accordance with the setbacks dictated by the Agreement in Paragraph E. We will be receiving the legal description of MT Properties' strip of land in the near future, and will submit the final copy to the Mayor and City Manager for signature. Recommendation Staff recommends the City Council approve the attached Agreement, and authorize the Mayor and City Manager to execute the Agreement when the legal description has been properly incorporated into the Agreement. BD/dn M-90-306 ■� 7A EASEMENT AGREEMENT THIS AGREEMENT is entered into by and between M T Properties, Inc., (hereinafter "Grantor"), and the City of Fridley (hereinafter "City"), a political subdivision of the State of Minnesota. Grantor is the owner of the following described tract of land situated in Anoka County, Minnesota, to wit: In consideration of the payment of the sum of One ($1.00) Dollar and other good and valuable consideration;'the receipt of which is hereby acknowledged, Grantor hereby grants to the City, its successors and assigns the following easement: 1. A permanent easement for the purpose of construction, maintenance, ope�ation, inspection and repair of a public walkway/bikeway over the following property in Anoka County, Minnesota: Said easement is subject to the following terms and conditions, assumed by the City by acceptance of this Agreement: (a) The easement herein granted is subject to any outstanding agreements made by the Grantor for the use of its tracks or property affected by the same (although the Grantor represents that it is unaware of any such outstanding agreement which would prohibit the granting of this easement) and subject to the right of Grantor to enter into further and . -1- �L�� different agreements for the use of its tracks and property affected; provided, however, that any such future agreements shall expressly reserve the easements conveyed to the City herern. (b) The entire cost and expense of the construction, maintenance, operation, inspection and repair of said public walkway/bikeway shall be borne by the City. This sY►all include costs of relocation, reconstruction, removal, or the ultimate restoration of the premises of the Grantor thereafter, except that any work relating to installation and maintenance of signal crossings shall be governed by a separate agreement between the parties. All work done affecting the tracks or property of the Grantor shall be done under the direction of the designated officer of the Grantor and all plans for and method of construction shall be approved by him before work proceeds thereon. (c) All work permitted herein shall be done in such a manner as to cause no interference with the continuous or uninterrupted use of the tracks and property�o�f the Grantor, and nothing shall be done or suffered to be done by the City that will in any manner impair the safety of the use of said tracks and property. (d) The easements herein are further granted subject to the needs and requirements of the Grantor in the operation and use of the tracks and right-of-way herein referred to and to the needs and requirements of all railroads using the Grantor's tracks and right-of-way, or either, by permission -2- 7C of the Grantor. Said easements shall not interfere with the services being or to be performed or rendered to industries adjacent to the right-of-way of the Grantor by the Grantor or other railroads using the Grantor's tracks and right-of-way. Said easements, further, shall not interfere with the right of the Grantor to �ake changes in existing tracks or affect the installation or operation of additional tracks or struCtures. (e) The City shall not place, or permit to be placed or to remain, any equipment, material, structure, pole or other obstruction, moveable or stationary, within 8.5 feet on straight track or 9.5 feet on curved track laterally of the center or within 27 feet vertically from the top of the rail of the tracks. (f) Grantor shall not be liable for interruption of the use of said public roadway or public trailway, howsoever caused. (g) The City agrees to indemnify and save harmless the Grantor and any and all railroads using the Grantor's tracks and right-of-way, or either, by permission of the Grantor, from any and all loss, damage and injury of every kind and nature, and all costs, expenses and attorney's fees incident thereto, which the Grantor or any of its use�rs may sustain or incur by reason of the City's use of said walkway/bikeway or the easements herein referred to, excepting from said indemnification in this paragraph contained any loss, damage or injury occurring by reason of the use of said public -3- walkway/bikeway after construction thereof has been completed and further limiting said indemnification to the municipal tort liability limitations in Minn. Stat. Section 466.04. (h) The City shall not assign this Agreement without first having obtained the written consent of the Grantor. IN WITNESS WHEREOF, Grantor has caused this grant of permanent easement to be executed on the day of , 1990. ATTEST: M T PROPERTIES, INC. BY: STATE OF MINNESOTA � ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of , 1990 by , the of M T Properties, Inc., a Corporation under the laws of Minnesota, on behalf of the Corporatir�n. ACCEPTANCE OF EASEMENT The CITY OF FRIDLEY hereby accepts the foregoing easements and consents to be bound by all of the terms and conditions therein contained. DATED: -4- CITY OF FRIDLEY BY: William J. Nee Its Mayor By: William W. Burns Its City Manager 7D STATE OF MINNESOTA ss. COUNTY OF ANOKA On this day of , 1990, before me a Notary Public in and for said County personally appeared WILLIAM J. NEE and WILLI�AM W. BURNS, who, each by me duZy sworn, did say that they are respectively the Mayor of the City of Fridley and the City Manager of the City of Fridley, named in the foregoing instrument, and that said instrument was signed and sealed in behalf of the City of Fridley by authority of the City of Fridley and they acknowledged that the instrument was signed as the free act and deed of said City. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Herrick & Newman Suite 205 6401 University Avenue N.E. Fridley, Minnesota 55432 Phone (612) 571-3850 -5- � 7E 612 374 4749 APR 17 '9� 14:58 FROM CLARK ENGINEE�ING PAGE.��c 7F Sike Path Easement strip Across Railroad A 15-foot strip of land being a Railway Right-of-Way in the South Secticn 11, Township 30 North, Minnesota, and lying 7.5 feet described center ].ine: Comrnencing at South Half of of said Sauth 16 minutes 07 of beginning; 61.99 feet to Right-of-Way, part of the Minnesota Transfer Half of the Southeast Quarter of Range 24 West, Anoka County, on each side di the following the nartheast cerner of the west 675 feet of said the Sautheast Quarter; thence along the north line Half, assumed basis of bearings, South 89 degrees seconds East a distance vf 7.50 feet to the point thenae South 35 degrees 30 minutes 06 seconds East the south line of said Minnesota Transfer Rai2way and there terminating. The side lines of said 15-foot strip shall be extended oz shortened as necessary to terminate in the sauth line of said Right-of-way, in the narth line of said South Half of the Southeast Quarter, and ' in the east line of said west 675 feet of the South Half. Sheet 1 of 1 August 18, 1989 jvc8�18 b11 S�4 4(4y AFR 17 '90 14:58 � � a�4� � . � W � � i J . _ � f 7f.0• . =.-C C FROM CLARK. ENGINEERING 74.t � , % ,� •- I . � •07L.1r ��. . ^ . �'�i� ��:�i,_ ��� .a:s.� � . . •S'�b.i . �.4 r � �A���N � P'�lZ AESG . LyA%/D 7 - z�-�9 �ef�a , �;��� �87494 � �� .., f � � � �' . , � jr'Ai� �'i�aE�NT 7�� t��. DA�A • � � $ -t$ �89 � � � r � � / . . _ . t�-17-qv PAGE.O@3 ; 7G .e��,� ., .a�4.� s�1.f • . • .�74.i . %�� � �. . ' al3A. sO�+A �. . � . � So vi'�,f L i�tJ�' o� %/��/ 5��' ;, r � / �(PER RECQRO� GO'..• . � � lN�ICATES iAT� �,'f f!�1 K t ELQ Ke�. 1�AT Fi . �L� r� 1�•o.1rY. �'e �r. �.���,q6��. � , �i�� !2•31-g¢ " � , . , - U�<� y ,G. c.tv. :� . � _ w�Ar �r Sc.A�� = i � 50 ± CtARK FNGINEEa�NG C0. . COtlSUi,T!!i6 qtGfkEERS' � nu w�tut� to�cr�uo ��t�tetts, naaccsatn �stis ,4z,��D �3i�� ?��f%r je'Fr��s, �7�....�VG D�Y.�'7�-D � �G' �6�• oN '7�'i�a�` �5 � 7'� ` `NeT o�ll G�. OF�/Z.�,J V � ' T'At�GET DfST�lBUT�aN CE�I;�R. ' FQtdi.�YJ MiN�1�5QTA . GEG GOMM. 1J�� 89p7�i AuGu57 t7. �Re�q _ _ _ . _ _ �--- � MINNESOTA G�MMERCIAL RAILV�J�Y COMPANY • Suite 1710 � � 53 W. Jackson Boulevard JOHN W. GOHMANN Chicago, I L 60604 Chairman, President 312-427-0495 OctAber 30, 1989 Barbara D�acy. Plarminq Coo�iinater � City of I'ridley, 6431 University Avernie N.E., Fri.dley. N�I 55432 De�s' "4s. DaCy: �an]cs for your mte of Oct�aUPS 24th cor�cerning the bikewaY �x'°gsing. We'd be g].ad to give yvu a bid on the cost of location of "cross bucks" ar�d an acceptable crossirig (either black er) at this location, now that the pi�ocedural mat ers are aut of the way. Yau asked about us scxu�d' aur airhorns ar�d. the an_swa� is, that we to be �� nei rs ' r�t sourr3 horns ess e is a enuine need to do so - we alwavs use bells and h.ave our headlight burning, too• At this crossing, we'd be ha to sc our col ective t iudcra?'�n�_-�_ ss necessary to av�oi.d an anerg�cy. �e horn as we ap�aroach if in best wav to o so, or, it Please ccntact Marv Sc.hnick�ls of aur cattpanY at 612-646-201�to handle the constructicn of the walkway/bicy�le �th, as well as the cross buck relvc�tion. Obvir�usly, You'll need t�o talk to t+ir. Fc�rbes about the eassn�t matters. Thanks for yrur letter, and, we look forw�l t�o working with yau. S �� cc: Gon3on Forbes, *� Properties► �S. Wayne Hall. Carroll Bona Minnesota's Railvray of Comme►ce. IndustrY and Industrial Developrnent Englneering Sewer Water Parks Sireets Mainlenance MEMORANDUM �- ' TO: William W. Burns, City Manager��' PW90-182 FROMs John G. F1ora,fPublic Works Director DATE: May 2, 1990 SUBJECT: Flanery Park Shelter Project No. 206 On Wednesday, May 2, 1990, at 11:00 a.m. at the Municipal Center, we received bids for the Flanery Park Shelter Project No. 206. Eleven (11) contractors requested plans and specifications. We received five (5) bids. Karlen Construction was the low bidder at $87,831.00. Jack Kirk is reviewing the bids to determine whether the structure should be constructed with plank siding or burnished block. His recommendation will be submitted to the Council on Monday. Recommend the City Council receive the bids. JGF/ts Attachment E�3 �, � • BID PROPOSALS FOR FLANERY PARR SHELTER PROJBCT �TO. 206 IiEDNEBDAY� MAY 2� 1990 11:00 A.M. gID TOTAL PLANHOLDER BOND MATERIALS BID Karlen Construction 901 - 125th Ave., N.E. Blaine, MN 55434 Earl Weikle & Sons 2514 - 24th Ave., S. Minneapolis, MN 55406 Johnco Builders, Inc. 6729 West Shadow Lake Dr. Lino Lakes, MN 55014 Morcon Construction 5905 Golden Valley Rd. Golden Valley, MN 55422 Cedar Forest Products P.O. Box 158 Polo, IL 61064 Const. Marketing Data 8401 - 73rd Ave., N. Suite 82 Brooklyn Park, MN 55428 Felix Construction Route 4, Box 470 North Branch, MN 55056 Flanagan Sales 1460 W. Co. Rd. "C" Roseville, MN 55113 5$ 5$ 5� 5$ $44,500.00 � $87,831.00 5$ � $39,000.00 NO BID NO BID NO BID Gardner Stone Co. St. Paul, NII�1 55104 NO BID Lutz Const. 4515 W. 56th St. Minneapolis, MN 55424 Royal Electric 7401 Central Ave. Minneapolis, MN 55432 NO BID NO BID $93,653.00 $95,491.00 $95,700.00 • , I BUDGET 1990 City or Frtdley State of Minnes�a Parics Capital Improvements � 1 J : BCB R FA E ECB BCB R FA E ECB BCB R FA E ECB 1990 Pr ects 650,120 Tennis Court Resuriacing 59,000 152.010 Sprin�brook Picnic Shelter t7,000 802,130 Springbrook Natu�e Center Parking 45,000 166,000 Flanery Park Buiiding 80,000 636,130 Playground Equtpment Upgrades (Plaza Park and Unity Property) 15,000 TOTAL 5166,000 636,t30 231.290 867,420 194,000 673,420 1991 Proiects Commons Park Activlty 8uildinp Lightinp Upgrades (Craig, Summit Sq. and No. Park Elementary} Springbrook Entrance Lartdscaping Little League Park Building Playground Equipment Upgrades (Altura and Edgewater Gardens) Tennis Court Resurtacing TOTAL 1992 Proiects 673,420 Sylvan Park Warming House 154,274 Tennis Court Resurtacing 827,694 Riverview Heights Parking 131,000 Lighting Upgrade (Ruth Circie 696,694 and Edgewater) Playground Equipment Upgrades (Oak Hill artd logan) TOTAL 368 580.000 18,000 7,000 65,000 15,000 9,000 s,sa,000 545,000 9,000 50,000 12,000 15,000 313t,000 : : Engineenng Sewer Water Parks Streets Main�enance MEMORANDUM �� 1 - v TO: William W. Burns, City Manager,��e PW90-181 FROMz John G. Flora,`tublic Works Director DATE: May 2, I990 SUBJECT: Onondaga Street Storm Sewer , Repair Project No. 209 As we prepared the 5-Year Capital Improvement Program, we identified the Onondaga Street Storm Sewer Repair Project No. 209 at $30,000.00. Since that time, we have received information that the cost of materials and installation are closer to $45,000.00. In order to repair this open-jointed storm sewer line and save the surface of Onondaga Street, recommend the work be authorized as Onondaga Street Storm Sewer Repair Project No. 209. As we have been preparing our 5-Year Capital Improvement Program, we have revised the cost for the project to reflect a$45,000 estimate. Recommend that the budget amount be adjusted to reflect this estimate cost. JGF/ts Attachment 0 �• � • RE80I�IQ�I �A. - 1990 •�:r_. � r ..•u::�• . � r• •.. + i �:� � •.• • • .,- i. •�v���• � � � :�-� �:� i:� •t- : ��, r �: u • r• •��+ • •� :��,.��. .��. , �. .,• � • . • 1�48, the City Cbw�cil of the City of Fridley has established a policy of repair storm sew�er wh�.n neoessary� W�AB, the Public Works Dizect:or has sulxnitted a plan shawir�q the stoYm sew�ers in need of repair, I�UW, �, HE IT I�80LVED, by the Ca.ty t7ow�cil of the Gity of FYidley, Anaka Oauity, Msnnesota, as follaws: 1. �at the stona s�wnx reva�ed for repair by the Rablic Works D�ar�i�ent be r�paired, ar�d th�e work inv�olved in said i�rove�nent shall hereafter be de.signated as: Sl�s �PER PIPE 1�;P�lIR Pt�J►TBGT 1�U. 209 2. Zhe plans azxi specifications prepared by the Public Works Depar�zt for such i�rove�oent ar�d each of th�m, pursuant to the Cauncil actio� h�eretofore, are hereby approved ar�d shall be filed with the City Clerk. 3. ZY�e wnrk to be perfonmed w�der Si�i S�TQIIt PIPE � PI�O�TDGT I�U. 209 be perfoYmad w�der oa�e oontract. The Public works Diracbor shall a000zdir�gly prepane ar�d cause to be i.nserted in the official r�wspapex advertisement for bids upon the makirig of such i�ro�veznetits iu�der such approved plans ar�d specifications. Zhe adverti�zt shall be published for two (2) w�eeks (at least 10 days), ar�d shall specify the w�rk to be done ar�d will state that bids will be � at 11:00 a.m. on We�ay, May 30, 1990, in the Oo0.u�ci1 Ct�ambexs of the City Hall, ar�d that no bids will be c�ansidered w�less sealed ar�d filed with the Public Works Direct';or ar�d a000m�anied by a cash deposit, bid boni, or oertified check payable to the City of FYidley for five peroent (5g) of the amamt of such bid. �at the advertis�ment for bids for 8� S�WIIt PTPE � P�EaO►TDCT Nc�. 209 shall be substantially star�dard in form. : tia�� n �• � �� r:r N •� �i w� •�- r:�- �+ •r • n r:� : r: � � • r• � WILT�AM J. NEE - NAYCIR ATI'F�ST: ��r r.... a N �+�� 8 . . � , • w- . : �..:�-.c • r��• r •��+ �i•� :�:�'v�+• •i:,�� �• ••• a • � •' Sealed bids will be reoeived ar�d publicly apex�ed by the City of Fridley, �oxa damty, Minnesata, at the offioe of the Public Works Director of the City of FYidley, 6431 University Avenue, N.E., Fridley, Mi.nnesata, 55432, (�e1.57Z-3450) oa1 the 30tb day of 1�iY, 1990, at 11:00 a.m. for the �+�rn� �?? *±� of wr�rk arid materials for the follawin3 work for the City of Fridley O�ID�GA BTREET ST�R'Ni � REPAIR PlaO►7DC.T l�U. 209. Zl�e storm sew�er pipe r�air project ooavists of insitufozm linirg of 348 lineal feet of 15-itx3z diameter storm sewpx pipe. All in a000rd,anoe with plans ar�d specificatiaris prepared by Jahn G. Flora, P.E., Public Works Direct.or, FYidley City Hall, 6431 Univexsity Avenue N.E., FYidley, MN, 55432 (Z�el. 571-3450) . Plans ar�d specifications may be e�mined at th�e offioe of the Public Works Director ar�d oapies may be d7tained for the Oontractor's individual use by apQlyir�g to the Public Wbrks Direc.•tor. Bids aoust be made oai the basis of ca�sh paymeizt for work, and aooa�aitied by a ca.sh deposit, vertified c�eck (oa� a r�Onsi.ble bank in the State of N[innesota) or a bidder's bor�d made payable withait vo�ditior► to the City of Fridley, Mi.nnesata, in an amaunt of not less ti�n five peroent (5�) of the t�tal amaunt of the bid. Zhe City dau�cil reseives th�e right to rej ect ariy ar�d all bids arid to waive ariy info�malities in arry bids r�eoeived without explanation. No bid may be witlxlrawn for a period of thirty (30) days. By order of the City Ooui�cil of the City of F�idley, Minnesota. Dated this 7th day of May, 1990. Published: FYidley Focus May 9, 1990 May 16, 1990 May 23, 1990 Jatu�► G. Flora, P.E. PUBLIC W1�2K5 D�R Constructian Bulletin May 11, 1990 May 18, 1990 May 25, 1990 . � � J BUDGET 1990 7C . ,_ City of Fridiey � State of Minnesota .,, Storm Water Improvements � � BCB 451,272 -� R 196,102 FA 647,374 � E 97,570 � o ECB 549,804 .� BCB 549,804 " R 203,984 FA 753,788 E � 04,109 • ' • ECB 649,679 I � � jl ` , BCB 649,679 R 203,974 �FA 853,653 R ' E 133,974 _ ECB 719,679 a_ ` BCB 719,679 R 209,574 FA 929,253 � E 112,773 _ ECB 816,480 � ` BCB 816,480 _ R 263,318 FA 1,079,798 � E 140,711 _ ECB 939,087 � 1990 Pro ects � � Highiand Lake Diversi�o Clover Pd St5,000 Relining Storm Sewer Onondaga Drive 30,000 (nterfund Charge 52,570 TOTAL 597,570 1991 Proiects 52nd Avenue Flood Protection Community Park Pond Repair Totino Pond Repair Interfund Charge TOTAL 1992 Proiects Stonybrook Creek Diversion Interfund Charge TOTAL 1993 Proiects Oak Glen Creek Erosion ProjeCt Interfund Charge TOTAL 1994 Proiects 64th Avenue Storm Sewer Norton Creek Repair Intertund Charge TOTAL 376 330,000 10,000 5,000 59,109 3104.109 $75,000 58,974 5133,974 $50,000 62,773 5112,773 550,000 25,000 65,7t t $140,711 MGMVFiA1�lUUM _ c�tr •t fr1�1•y 1 V ;; WWiam C. Hunt � �� _ i��1 Ye1t���ItY A��s�• N.E. . > Fr�ai•y, ���n•sot• ssass Assistant tp the City Mensger � rAoA. te�:�s>>•saso �� MEMO TOt 1PILLIAM 1i. BIIRNS, CITY MANAaER,� � �� , FROM: 1�ILLIAM C. BIINT, 1188IBTANT TO THL CITY KANAGER ���� � BIIBJECT: REVISION OF POLICY FOR IISE OF PIIBLIC MEETING PLACES IN THE FRIDLEY MIINICIPAL CENTER DATE: MAY 2, 1990 Upon returning to the renovated Municipal Center it has become evident that the previous policy for the use of public meeting rooms needs revision. The policy we had been usinq in the past was developed in January of 1977. With the renovation of the Municipal Center and with the changes in the number and types of rooms available it was necessary to make a number of major revisions. After developing several drafts the revised policy was distributed to all of the department managers and their suggestions have been incorporated into the final draft. I believe that in its present form the policy addresses most of the issues that we have found in our experience with the renovated Municipal Center. I request that you present this to the City Council for their approval at their meeting of May 7, 1990. WCH/jb 10A Draft of 05/02/90 TOt RESIDENTS OF THE CITY OF FRIDI+BY BIIBJ$CT: POLICY FOR IIBS OF PIIBLIC MEETING PLACES IN THE FRIDLEY �iQNICIPAL CBNTER A. PURPOSE The purpose of this memorandum is to clarify conditions and terms for the use of the Council Chambers, Meeting Rooms 1 and 2, and Conference Room A as meeting places. This memorandum is applicable to use of rooms by residents of Fridley, Minnesata. B. DEFINITIONS 1. Meeting Rooms 1 and 2 may be used either as one large room or two small rooms. These rooms are located on the lower level of the Municipal Center. This use of the room(s) includes only the tables and chairs within it. The maximum capacity of Room 1 is 50; Room 2 is 50; and the combined Rooms 1 and 2 is 100. 2. Kitchen - the facility adjoining Meeting Room 1 and . containing appliances for food storage and preparation. 3. Council Chamber - the large room on the east side of the main entrance of the Municipal Center. The Council Chambers may be divided into two smaller rooms (Council Chamber North and Council Chamber South). 4. Conference Room A- the area located next to the Council Chambers. It contains a large table and chairs. 5. Governmental agency -- a city, county, state or federal unit of government or a program, department, or official of same . 6. Non-governmental - not elected, appointed or employed by local, county, state, or federal government. 7. Non-profit organization - a religious, educational service, recreational, or charitable organization which does not operate for profit. 8. Private firm or corporation - one belonging to or concerning a particular person or group; not open to, intended for or controlled by the public. 1 C. D. I2ESPONS I BI LITY l. The City Manager is authorized to enter into agreement for use of the Council Chambers, Meeting Rooms 1 and 2, and Conference Room A according to the provisions of this policy. 2. The City Manager reserves the right to disapprove the use of the Council Chambers, Meeting Rooms 1 and 2, or Conference Room A when such use is considered not to be in the best interest of local government. �.���� 1. se a. The Council Chambers, Conference Room A, and Meeting Rooms 1 and 2 are primarily designed and intended for official local government meetings. Therefore, priority for use of the above rooms will be given to governmental use. b. The rooms may not be used for purposes that would cause any interference whatsoever with Council or other governmental meetings, reqular or emergency scheduled in the building area. If interference could possibly occur, the government function has priority, and other meetings would be immediately cancelled. The cancellation privilege shall apply regardless of reservation by the non-governmental users. c. Dances shall not be held in any of the Public Meeting Rooms. If the Public Meeting Rooms are used for games or activities where physical exercise is part of the program appropriate professional personnel must be present for the safety of participants. The City may require a waiver of liability and evidence of insurance for such events. d. An attendant (city employee) shall be present in the building during the time of use. Custodial staff may serve as an attendant outside of working hours. e. Normally, the use of the Municipal Center will be restricted to Meeting Rooms 1 and 2, Conference Room A, and the corresponding public restroom facilities. Council Chambers will not be used by non-governmental users except when expressly approved by the City Manager. f. Conference Room A and the Council Chambers will not be available on nights when the City Council is in formal session. 2 , :� 10C g. Activities scheduled for the Meeting Rooms, Conference Room A, and the Council Chambers shall be restricted to the hours of 8:00 AM to 10:30 PM Monday through Friday. Use of these meeting places after 10:30 PM or on Saturdays is normally not allowed. Use after 10:30 PM or on Saturday shall be granted only upon the City Manager's approval and with payment of an attendant at time and one-half plus 15$ for F.I.C.A., P.E.R.A., Workers' Compensation insurance, etc. Activities scheduled for Saturday shall be scheduled between the hours of 9:00 AM and 5:00 PM. Meeting Rooms 1 and 2, Conference Room A and the Council Chambers shall not be reserved for non-governmental functions on Sundays, Holidays, or the day of an election. h. Meeting Rooms 1 and 2, Conference Room A, and the Council Chambers shall not be used for private parties or wedding receptions. i. Reservations by non-governmental agencies shall be made for use of Meeting Rooms 1 and 2, Conference Room A, or the Council Chambers on a once-a-month basis. This procedure allows opportunity for equal use of the facility by all groups. More frequent usage may be scheduled a week in advance depending on availability. j. No alcoholic beverages may be brought into, served, or conswaed on the premises. k. No smoking is allowed in the Municipal Center. 1. No food may be prepared on the premises. Food brought in may be reheated in the kitchen area and consumed only by the users of the facility. m. Users shall agree to absolve the City from all liability claims in event of an accident or injury while using Meeting Rooms 1 and 2, Conference Room A, or the Council Chambers. n. Meeting Rooms 1 and 2, Conference Room A, and the Council Chambers may not be used by private firms or corporations unless such a meeting is scheduled for the purpose of meeting with government officials or is specifically approved by the City Manager. o. A standard agreement form will be signed by the user's representative prior to use for other than government functions. p. No furniture or equipment may be left in any of the meeting rooms without prior written approval. 3 2. Reservations 10D a. Applications for use of Meeting Rooms 1 and 2 or Conference Room A shall be submitted to the Office of the City Manager at least ten (10 ) days prior to the date the reservation is desired. Advance notice is required to insure scheduling. b. Applications for use of the Council Chambers shall be submitted a minimum of three (3) weeks in advance. This will allow sufficient time for approval of usage so as not to interfere with Council meetings, public hearings, commission meetinqs or the like. 3. Priorities a. Meetings scheduled by local qovernment shall have first priority for use of Meeting Rooms 1 and 2, Conference Room A, or the Council Chambers. b. Reservations of non-profit organizations such as service organizations, church groups, community clubs, political groups, and recreational groups will be on a first come first served basis. Reservations by non-profit organizations will not be confirmed more than thirty days in advance. 4. Care of the Facility a. The user shall agree to pay for all damages to City property or equipment over and above normal usage. b. The user shall agree to leave the room in an "as received" condition. The kitchen and equipment shall be cleaned after use. 5. Fees for Use of Rooms a. The City Manager shall establish fees for the use of public meeting places in the Municipal Center and shall review and revise these fees from time to time as needed. 4 10E CITY OF FRIDLEY FEES FOR II88 OF ROOMS IN FRIDLEY MONICIPAL CENTER EFFECTIVE MAY 1990 The following fees apply to the use of public meeting space in the Fridley Municipal Center for a meeting or activity lasting up to four (4) hours: Meeting Room 1 (with kitchen) Meeting Room 2 Meeting Rooms 1 and 2 (kitchen included) Conference Room A Council Chambers, South (No food or drink allowed.) Council Chambers North (No food or drink allowed.) Council Chambers (Combined) (No food or drink allowed.) $15.00 $10.00 $25.00 $10.00 $25.00 $25.00 $40.00 Additional Charge - Attendant charges will be made after 10:30 p.m. Mondays through Fridays and all day Saturday at the rate of the individual's salary considering time and one-half for overtime plus fifteen percent (15$) for F.I.C.A., P.E.R.A. workers' compensation insurance, etc. As of May 1, 1990 this rate will be $14.50 per hour. SLNT FOR IIB$ OF PIIBLIC MEETINC3 PLACEB ZN THE FRIDLEY MIINICIPAL CENTER Name of Organization: For Use of Rooms in Municipal Center: Check One Fee Meeting Room 1 with kitchen Meeting Room 2 Meeting Room 1 and 2 with kitchen Conference Room A Council Chambers South Council Chambers North Council Chambers (combined) 1. Purpose for which facility will be used: $15.00 $10.00 $25.00 $10.00 $25.00 $25.00 $40.00 2. Hours: From to 3. 4. 5. Anticipated Attendance: Equipment desired Number of chairs: Number of tables: Podium: White board: Overhead projector: Loud speaker system: Coffee pot (55 cup): Coffee pot (30 cup): Adults Date: Children Please make a diagram of how you wish the room(s) to be arranged on the other side of this agreement. 10F Permission to bring into building: (Equipment, Supplies, etc.) If there are problems with the arrangements please contact the custodial staff. Other equipment or services are the responsibility of the party or parties using the public meeting places. The applicant (user) agrees to: 1. Absolve the City from all liability claims in event of an accident or injury incurred by users while using the facilities. 2. 3. 4. Pay for all damages to City property or equipment over and above normal wear and tear. Assume full responsibility for the conduct of the group during the time the facility is being used. Leave the room in "as received" condition and kitchen and equipment in cleaned condition after use. Continued on the other side. AGREEMENT FOR OSE OF PUBLIC 1+iEETING PLACES IN THE FRIDLEY MIINZCIPAL CENTER Page 2 5. Pay an attendant charges in addition to the above fee charges, after 10:30 PM Mondays through Fridays and all day Saturday at a rate of individual's salary considering time and one-half for overtime plus 15$ for F.I.C.A., P.E.R.A., workers' compensation insurance, etc. amounting to a total of $14.50 per hour. 6. Abide by the terms of this agreement and conform with written policy governing the use of ineeting places in the Municipal `Center. 7. Recognize the right of the City of Fridley to cancel this agreement in event of emergency or conflicting governmental use. Signature of Person in Charge Phone Number During Business Hrs Name, Printed Date Full Address Please indicate below how you wish the room(s) to be arranged. 10G 11 � FOR CONCUR.RENCE HY THE CITY COUNCIL �j� Ma 7, 1990 f L' ense• B� Approved By: LICEN8E8 Type o ic � CIGARETTE Al1 Temps A& J Enterprises James P. Hill 5500 Main St.N.E. Public Safety Director Fridley, Mn. 55432 Burlington Northern Mn.Viking Food Serv. �� • �� �� Crew Office 80 - 44th Ave.N.E. Fridley,Mn. 55432 �� ' �� �� �� Burlington Morthern Main Office �� �� �� Burlington Northern piesel Shop A & J Enterprizes " Carter Day 500 - 73rd Ave. N.E. Fridley, Mn. 55432 �� Central Embers Inc. Embers Inc. 5400 Central Ave. N.E. -- Fridley, Mn. 55421 I nc . '� Fina Finaserve, 7298 Highway 65 N.E. Fridley, Mn. 55432 Fridley Country Boy Country House Inc. �� 6501 Central Ave. N.E. Fridley, Mn.55432 - George's Restaurant Anthony G. Nicklow �� 3710 E. River Rd. Frid�ey, �4n. 55432 Grocery Hut Craig M. Relopez �� 7883 E. River Rd. Fridley, Mn. 55432 Hanna Magic Car Wash Victory Enterp. Inc. �� 7300 University Ave. N.E. Fridley, Mn. 55432 John's Superette M& G Enterprises �� 8100 E. River Rd. Fridley,Mn. 55432 �� �� �� �� �� �� �� �� �� �� �� �� �� �� �� 12 Fees: �12.00 $12.00 $12.00 $12.00 $12.00 $12.00 $12.00 " $12.00 " $12.00 " $12.00 " . • $12.00 " $12.00 � 12A �► �'OR CONCURRENCE HY THB CZTY COVNCIL LlCSltsEB ��, May 7, 1990 Pa e 2 CIGARETTE CONT. LaMaur Mn.Viking Food Service �� �� " $12. 00 5601 E. River Rd. Fridley,Mn. 55421 � LongView Fibre Co. " " " " " " $12.00 5851 N.E. River Rd. • Fridley, Mn. 55432 Midwest Print P�SI/Griswold " " " $12.00 5101 Industrail Blvd. Fridley, Mn. 55432 . PDQ #281 PDQ Stores of Mn. " " " $12.00 620 Osborne Rd. N.E. Fridley, Mn. 55432 Perkins Restaurant #1041 Same �� �� " $12 . 00 7520 University Ave. P�.E. Fridley, Mn. 55432 Safetran Systems Corp. Mn.Viking Food Serv. " " " $12.00 4650 Main St. N.E. Fridley, Mn. 55432 Skywood Inn Skywood Mall Inc. " " " ��•00 5201 Central Ave.N.E. Fridley, Mn. 55421 Snyder's Drug Store #18 Same " " " $12.00 . 6582 University Ave. NE. Fridley, Mn. 55432 Totino's Mn.Viking Food Serv. " " " $12.00 7350 Cortrtnerce Lane Fridley, Mn. 55432� University Billiards Greg Asproth " " " �12.00 1178 University Ave. N.E. Fridley, Mn. 55432 . � Unocal 76 Self Serve Same " �" " $12.00 5695 Hackman Ave. N.E. •' Fridley, Mn. 55432 V.F.W. Post 363 Ron Saba " " " $12.00 1040 Osborne Rd. N.E. ' Fridley, Mn. 55432 JFOR CONCURREt�10E BY THE CITY COiJI�iCZL n�� Ma_v 7, 1990 Page 3 BILLIARDS University Billiards Greg Asproth 7178 University Ave. N.E. Fridley, Mn. 55432 T.C.'s Twin Cityies Teen Club Walter Beard 7952 University Ave. N.E. �ridley, Mn. 55432 ENTERTAINMENT T.C.'sTwin Cityies Teen Club. Walter Beard 7952 University Ave. N.E. Fridley, Mn. 55432 FOOD ESTABLISHP�IENT Central Embers Central Embers Inc. 5400 Centrdl Ave.N.E. Fridley, Mn. 55421 Columbia lce Arena Anoka Pk.& Rec. 7011 University Ave.N.E. Fridley, Mn. 55432 Deli Cart Of Fridley CD Partn. 622 Osborne Rd. N.E. Fridley, Mn. 55432 Fina Finaserve, Inc. 7298 Highway 65 N.E. Fridley, Mn. 55432 Fridley A& W Wiles Ent.LTD 7429 E. River Rd., Fridley, Mn. 55432 Fridley Country Boy Fridley House Inc. 6501 Central Ave. N.E. Fridley, Mn. 55432 George's Restaurant Anthony Nicklow 3710 E. River Rd. Fridley,Mn. 55421 Grocery Hut Craig M. Relopez 7883 E. River Rd. Fridley, Mn. 55432 John's Superette M& G Interp. 8100 E. ��ver Rd. Fridley,Mn. 55432 12B LZCEN8E6 James P. Hill �250.00 Public Safety Director �� �� " $$50.00 �� �� " $85.00 $45.00 $45.00 $45.00 $45.00 �45.00 $45.00 $45.00 $45.00 $45.00 FOR CONCURRENCE BY THE CITY COUNCIL �� May 7, 1990 FOGD ESTABLISHMENT CONT. Lindquist Cake b Dec. 5265 Central A�e. N.E. Fridley,Mn. 55421 Little Caesar's Pizza 6522 University Ave.NE. Fridley, Mn. 55432 Lynwood Health Center 5700 E.River Rd. Fridley, Mn. 55432 IdcDonald's 5831 Univer. Ave. NE. Fridley, Mn. 55432 McDonald's 250 - 57th Ave.N.E. Fridley, Mn. 55432 Medtronics Inc. 7000 Central Ave.N.E. Fridley, Mn. 55432 Metz Thrift Store 248 Mississippi St.N.E. Fridley, Mn. 55432 Parkview Elem.School 6085 - 7th St.N.E. Fridley, Mn. 55432 PDQ �281 620 Osborne Rd. N.E. Frildey, Mn. 55432 Perkins Restaurant #1041 7520 University Ave.N.E. Fridley, Mn. 55432 Perlman Rocque 51 - 52nd Way N.E. Fridley, Mn. 55432 Plaia Cafe 6401 University Ave. N.E. Fridley,Mn. 55432 Snyder's Drug Store #18 6582 University Ave.N.E. Fridley, Mn. 55432 James Lindquist Nicholas Bandescu Beverly Enterprises-Mn.Inc. P1ark Wheeldon Daniel Borders Cnateen Co.of Mn. Metz Baking Co. Vol.of Am.Ser. N Program PDQ Stores of Mn. Same 51 - 52nd Way N.E. John Fennell Same 0 LZCEN8E6 12v Page 4 $45.00 $45.00 $45.00 $45.00 $45.00 $45.00 $45.00 $45.00 �45.00 $45.00 $45.00 $45.00 $45.00 UFOR CONCURRENCE DY THE CITY COUI�ICIL �j� May 7, 1990 FOOD ESTABLISHMENT CONT. Tae Ho Restaurant Tae Ho Corp. 6440 University Ave.N.E. Fridley, Mn. 55432 Treats N' Stuff Sansex Corp. 6440 University Ave.N.E. . Fridley,Mn.55432 Unity Medical Center Unity Hospital 550 Osborne Rd. PJ.E. Fridley, Mn. 55432 . Unocal 76 Self Serv. Same 5695 Hackman Ave. N.E. Fridley, Mn. 55432 University Billiards Greg Asproth 7178 University Ave.N.E. Fridley, Mn. 55432 T.C.'s Twin Cities Teen Club Walter Beard 7952 University Ave.N.E. Fridley,Mn. 55432 GAMBELING George's Restaurant Anthony Nicklow 3710 E. River Rd. fridley, Mn. 55421 Maple Lanes Bowling Center Same 6310 Hwy. 65 N.E. Fridley,Mn. 55432 Sandee's Restaurant Gary Braam 6490 Central Ave.N.E. Frildey, Mn. 55432 MOTEL 12D LICEN6Es Paae 5 Skywood Inn Skywood Mall Richard Larson 5201 Central Ave.N.E. Fire Inspector Fridley, Mn. 55421 Sunliner Motel Warren G.Paulson " " 6831 Hwy. 65 N.E. Fridley, Mn.55421 545.00 $45.00 $45.00 $45.00 $45.00 $45.00 $300.0 �300.0 $300.0 $615.0 " $195.0 JFOR CONCURREIiCE DY THE CITY COLINCIL YOF May 7, 1990 _ 12E LZC=N8E8 Page 6 JUNK YAROS Fridley Auto Parts Leroy T. Haluptzok publicpSafety Director $350.00 7360 Central Ave. P�.E. Fridley, Mn. 55432 Salvage Center Same �� �� " $350.00 3737 E. River Rd. • Fridley, Mn. 55421 OFF SALE BEER Grocery Hut Cr.aig Relopez � 7883 E. River Rd. Fridley, Mn. 55432 ON SALE BEER Wong's Gourmet Wong's Gourment Inc. " 1254 E. Moore Lk.Dr. Fridley, Mn. 55432 Yung's Tae Ho Restaurant Yung Su Tak 6440 University Ave. N.E. Fridley, Mn. 55432 TEMPORARY ON SALE BEER Fridley Jaycees Robt. Schmidt P.O.Box 32004 Fridley, Mn. 55432 PRIVATE GAS PUMP Anderson Trucking Serv. Same 7600 Central Ave.,N.E. Fridley, Mn. 55432 Gustavson Grinding Inc. Floyd Gustavson 7410 Central Ave. NE. Fridley,Mn. 55432 Menard Cashway Lumber Menard Inc. 5351 Central Ave.N.E. Fridley, Mn. 55421 RMS Co. � Same 7645 Baker St. N.E. Fridley,Mn. 55432 Unity Medical Center Unity Hospital 550 Osborne Rd. N.E. fridlev.Mn. 55432 f� m m m �� �� �� Richard Larson Fire Inspector �� �� " $60.00 " $325.00 " $325.00 " Asking Fees Fees to be v�a i ved �� � �� �� �� �� �� �� �� �� �30.00 $30.00 �30.00 $30. 0 $30. � FpR CpNCURRENCE BY THE CITY COUNCIL RETAIL GASOLINE Fina Ginaserve, Inc. 7298 Hwy. 65 N.E. Fridley, Mn. 55432 Fridley Country Boy Fridley House Inc. 6501 Central Ave. PJ.E. Fridley,Mn. 55432 Hanna Magic Car Wash Mictory Enterprises 7300 University Ave.N.E. Fridley, Mn. 55432 • John's Superette M& G Interprises 8100 E. River Rd. Fridley, Mn. 55432 Unocal 76 Self Serve Same 5695 Hackman Ave. PJ.E. Fridley, Mn. 55432 REFUSE NAULER Woodlake Sanitary,5erv. Joseph A. Horwarth 8661 Rendova St. Box#39 Fridley, Mn. 55432 PEDDLER Miner Produce (formley B& M) Melanie Blaylock 1718 N,Atlanta Ct. Tulsa, Okl. 74110 SOLICITOR(CARITABLE) Greenpeace Action Bill Busse 1436 U. S. N.W. Suite 201A Washington, D.C. 20009 TAXICAB Fridley Cab Service Frank Gabreleik 5923 - 3rd St. N.E. Fridley, Mn. 55432 TREE REMOVAL Allstate Tree Service Donald Ley 7510 Jackson St.N.E. Fridley, Mn. 55432 Richard Larson Fire Inspector �� �� �� �� �� �� � �� 12F LZCEN8E8 $60.00 $60.00 �� �60.00 �� �� $fi0.00 �� �' $60.00 �� " $165.00 James P. Hill $60.00 Public Safety Director �� �� " Aski ng Fees to be waived James P. Hill $50.00 Public Safety Director .• Ralph Volkman $40. �'OR CONCURREI�ICE sY Z'HE CITY COUNCIL zzca�rsas 12G PaQe 8 USED MOTOR YEHICLES Dennis Hecker James P. Hill Northtown Nissan Public Safety Director 1810 University Av.N.E. Fridley, Mn. 55432 . �� „ �� Pomaville's Mator Valet Inc. John H. Pomaville 5649 University Ave. N.E. ' Fridley, Mn. 55432 . �� „ „ Frank's Used Cars Frank Gabrelcik 5740 University Ave.N.E. Fridley, Mn. 55432 • Salvage Center James A. Dowds �� �� �� 3737 E. River Rd. �Fridley, Mn. 55421 ENTERTAINMENT George's Restaurant Anthony Nicklow „ �� �� 3710 E. River Rd. Fridley, Mn. 55421 TEMPORARY FOOD PERMIT $150. $150.0 $150. $150. $85. 49er's Days"Taste of Fridley" Stephen Eggent A►$king Fees to be 1090 Hathaway Lane waived Fridley,Mn. 55432 FOOD ESTABLISHMENT University Station Restaurant Ardys Smith 7610 University Ave. N.E. Fridley, Mn. 55432 $45.00 � � 12H _ FOR CONCURRENCE BY THE CITY COUNCZL LICEN8E8 �� MAY 7, 199D eC Bacon's Electric Company 6525 Central Avenue N.E. Fridley, IrIIJ 55432 By: Richard Paddock State of Minn Bright Electric Co. 6216 Yukon Avenue North Minnetonka, I�t 55428 Lakeview Electric Co. 8116 Pillsbury Avenue South Bloomington, MN 55420 Nordberg Electric Inc. 116 South Adams Cambridge, MN 55008 By: Ken Blomquist By: Les Froysa By: Paul Nordberg Olympic Electric Company Inc. 7103 Amundson Avenue South Edina, MN 55435 By: Paul Kosmides Gas Services Air Comfort Inc. 3944 Louisiana Circle St. Louis Park, MN 55426 By: Donal Ruden Sharp Heating & Air Cond Inc. 4854 Central Avenue N.E. Columbia Heights, MN 55421 By: Kevin Hanson General Contractor Arndt, M. J. Construction Co. 2808 Sherwood Road Moundsview, MN 55112 By: Marlan Arndt Cities Home Improvement Co. 5310 Cedar Lake Road St: Louis Park, MN 55416 By: Robert Galinson Karkela General Contractors Inc. 6531 Cambridge Street St. Louis Park, MN 55426 By: Earl Howard Kingswood Builders, Inc. 6721 Oakland Avenue South Richfield, NIIJ 55423 M & J Home Improvements 946 South Smith Avenue West St. Paul, MN 55118 By: Hank Dagnault By: Mike Halverson Same Same Same Same Clyde Wiley Bldg/Mech Insp Same Darrel Clark Chief Bldg Ofcl Same Same Same Same Northland Siding & Insulation 2158 Main Street N.W. Coon Rapids, MN 55433 By: Donald Riphuth Showplace Exteriors 3862 Crestwood Place White Bear Lake, MN 55110 Twintown Remodelers Inc. 16011 West Avenue S.E. Prior Lake, MN 55372 HeatinQ Air Comfort Znc. 3944 Louisiana Circle St. Louis Park, NIId 55426 Furnace Care, Inc. 8733 Humboldt Avenue North Brooklyn Park, MN 55444 By: Dan Preisler By: Gary Schoeller By: Donal Ruden By: Richard Bidler Sharp Heating & Air cond. Inc. 4854 Central Avenue Columbia Heights, MN 55421 By: Kevin Hanson Masonrv Ernst, L. T. Inc. 2055 - 105th Avenue N.E. Minneapolis, MN 55434 Nord, Mark Masonry 3968 Jackson Street N.E. Columbia Heights, MN 55421 By: Lloyd Ernst By: Mark Nord Same Same Same Clyde Wiley Bldg/Mech Insp Same Same Darrel Clark Chief Bldg Ofcl Same MovinQ Ernst Machinery & Housemovers Corp. 9400 - 85th Avenue North Minneapolis, MN 55445 By: Kenneth Ernst State of Minn PlasterinQ Joe Nelson Stucco Co., Inc. 1150-98th Lane N.W. Darrel Clark Coon Rapids, MN 55433 By: Evelyn Nelson Chief Bldg Ofcl PlumbinQ AAA Plumbing by Newstrom 156 - 12th Avenue St. St. Paul, MN 55075 Bruce Plumbing Co. 4747 Twin Lake Avenue Brooklyn Center, NIId 55429 By: David Newstrom State of Minn By: Joseph Bruce Same 121 Delson Plumbing, Inc. 1308 - 421/2 Avenue N.E. Columbia Heights, l�i 55421 Kolar Company, Inc. 1397 Selby Avenue St. Paul, MN 55102 Midwestern Mechanical 9103 Davenport Street N.E. Blaine, MN 55434 Tim's Quality Plumbing Inc. P.O.` Box 22409 Crystal, NIlJ 55422 RoofinQ Mark Shaw Construction 1351 - 66th Avenue N.E. Fridley, MN 55432 Siqn Erector Nordquist Sign Co., Inc. 312 West Lake Street Minneapolis, MN 55408 DeMars Signs, Inc 4040 East River Road N.E. Fridley, MN 55421 PIIBI�IC SWIMMING POOL University Avenue Associates 111-83rd Avenue N.E. Fridley, MN 55432 By: David Olson By: James Kolar By: Gene Beijer By: Ron Gilbertson By: Mark Shaw By: Stephen Fox By: Dennis DeMars Same Same Same Same Darrel Clark Chief Bldg Ofcl Darrel Clark Chief Bldg Ofcl Same Darrel Clark At: 111-83rd Avenue Chief Bldg Ofcl 12J Fridley Unsted;SMethodist Church Fridley, Minnesota 55432 1-612-571-1526 ARTHUR L. HILL, Minister CLEM J. NAGEL, Associate Minister Mayor William J. Nee 210 Logan Parkway NE Fridley, MN 55432 Dear Mayor Nee, SALLY WIZIK WILLS, Director of � May 3, 1990 The Fridley United Methodist Church is having a Bloodmobile drive T�esday, May 22, from 2:30 P.M. to 7:30 P.M. We would like to place a sign 2' x 4' in the front yard of the church. This sign would be displayed from approximately 1:30 P.M. to 8:30 P.M. There is a fee of $24.00 to display a sign o�er 3 square feet and under 40 square feet. Since the Bloodmobile is not a money�naking project we would like the fee wiaved and permission to display our sign at the time previously mentioned. Thank you very much. CJD;dm Respectfully submitted, l/ ' �""� � �i�� Carolyn J. Doyle — Coordinator of Bloodmobile for Fridley United Methodist Church 13 � � CITYOF FRIDLEY FOR CONCIIRRENCE BY THE CITY COIINCIL MAY 7, 1990 Herrick & Newman 205 Fridley Plaza Office Bldg. 6401 University Avenue N.E. Fridley, l�T 55432 ESTIMAT$S Services Rendered as City Attorney for the Month of April, 1990 .......$ 4,117.00 Newquist & Ekstrum, Chartered 301.Fridley Plaza Office Bldg. 6401 University Avenue N.E. Fridley, MN 55432 Services Rendered as City Prosecuting Attorney for the Month of February, 1990 .$ 9,602.00 HNTB 6700 France Avenue South Suite 260 Minneapolis, MN 55435 Design of 1.5 MG Elevated Reservoir at Locke Park Project No. 196 FINAL ESTIMATE: . . . . . . . . . . . . . . $ 3,900.00 Bruce A. Liesch Associates, Inc. 3020 Harbor Lane Minneapolis, i�i 55447 Water Quality Study Project No. 195 (Hydrogeologic Analyses) FINAL ESTIMATE: . . . . . . . . . . . . . . $ 4,108.39 13A FROM: City of Fridiey Engineering Division cir�r oF �i�4�r PUBLIC WORKS DEPARTMENT 6431 UNIVERSITY AVENUE N.E. FRIDLEY� MINNESOTA 55432 RE: FINAL ESTIMATE - WELL NO. 5 Period Ending: May 7, 1990 TO: Honorable Mayor and City Council City of Fridley 6431 University Avenue N.E. FOR: MARK TRAUT WELLS Fridley, Minnesota 55432 151 - 72ND AVE., S. ST. CLOUD, MN 56301 DATE: May 7, 1990 REPAIR AND MAINTENANCE OF WELLS NO. 5 AND 10 PROJECT NO. 198 601-60-000 STATEMENT OF WORK UNIT QUANTITY TH1S �UANTITY AMOUNT CONTRACT ITEM PRiCE ' ``ESTIMATE 'TO DATE TO DATE Pu�! Pump Disassemble and inspect Reinstall 1,800.00 1 1 51,800.00 MATERIALS: Techno Check valves 8" Column Jacuizzi bowl assembly 175 hp. Pflueger sub motor Disinfect Test Pumping System Test 569.00 15.00 5,680.00 17,200.00 150.00 200.00 50.00 2 380 1 1 1 � 1 2 380 1 1 1 i 1 1,138.00 5,700.00 5,680.00 17,200.00 150.00 200.00 50.00 $31,918.00 13B FINAL ESTIMATE Mark Traut Wells Page Two SUMMARY: Original Contract Amount change Order No. 1 Value Comp{eted To Date Amount Retained (09�0) Less Amount Paid Previously AMOUNT DUE THIS ESTIMATE CERTIFICATE OF THE CONTRACTOR 529,657.00 2�261.00 31,918.00 Q.00 0.00 S31 �918.00 I hereby certify that the work performed and the materials suppiied to date under the terms of the contract �' °� �h;s project, and ail authorized changes thereto, have an actual value under the contract of the amounts nn this estimate (and the final quantities on the final estimate are correct), and that this estimate is just ,,� �;r�rr�ct a d no part of the "Amount Due This Estimate" has been received. I' _�� � .�u�.,o — c-7 S = ,sy� -� ` �_ -- T .�t� � y~� ' Contractor's Authorized Representative (Title) ERTIFICATE OF THE ENGINEER I hefeby certify that I have prepared or examined this estimate, and that the contractor is entitled to payment of this estimate under the contract for reference project. CITY OF FRIDLEY, INSPECTOR i � � ,, � � . ' _�i�� : :• : '��r1 . �.�1 � Date � �`��v Respectfully Submitted, G. Flora, P.E. ublic Works DireCtor 13C 13D May 7, 1990 To: Public Works Director City of Fridley REPORT ON FZNAL INSPECTION FOR CITY OF FRIDLEY REPAIR AND MAINTENANCE OF 1PELL NO. 5 PROJECT NO. 198 We, the undersigned, have inspected the above-mentioned project and find that the work required by the contract is substantially complete in conformity with the plans and specifications of the project. All deficiencies have been corrected by the contractor. Also, the work for which the City feels the contractor should receive a reduced price has been agreed upon by the contractor. So, therefore, we recommend to you that the City approve the attached FINAL ESTIMATE for the contractor. alph �'ollanan, Public Works Superintendent . p''�� � . ��_ — /-�Z��-v ontractor Representative, (T tle) CITY OF FRIDLEY PIIHLZC 110RR8 DEPARTMENT ENGINEERING DZVISION 6431 IIniversity l�ve., N.$. Fridlsp, liN 55432 May 7, 1990 Honorable Mayor and City Council City of Fridley C/O William W. Burns, City Manager 6431 University Ave., N.E. Fridley, l�T 55432 Council Members: CERTIFICATE OF THE BNGINEER We hereby submit the Final Estimate for Repair and Maintenance of Well No. 5 Project No. 198 for Mark Traut Wells, 151 - 72nd Ave., S., St. Cloud, MN, 56301. We have viewed the work under contract for the construction of Repair and Maintenance of Well No. 5 Project No. 198 and find the same is substantially complete in accordance with the contract documents. I recommend that final payment be made upon acceptance of the work by your Honorable Body. Respectfully submitted, -�. hn G. Flora Director of Public Works Prepared by: "'"�' Checked by: 13E 13F May 7, 1990 City of Fridley REPAIR AND MAINTENANCE OF WELL NO. 5 PROJECT NO. 198 CERTIFICATE OF CONTRACTOR This is to certify that items of the work shown in the statement of work certified herein have been actually furnished and done for the above-mentioned projects in accordance with the plans and specifications heretofore approved. The final contract cost is - $31,918.00 and the final payment of $31,918.00 for the improvement project would cover in full, the contractor's claims against the City for all labor, materials and other work down by the contractor under this project. I declare under the penalties of perjury that this statement is just and correct. MARR TRAIIT WELLS `� �-�� tor Representative - T tle � 02-May-90 UPDATED 13G CITY OF FRIDLEY PUBUC WORKS DEPARTMENT 6431 UNIVERSITY AVE.� N.E. FRIDLEY. MN 55432 FROM: City of Fridley Engineering Division TO: Honorabie Mayor and City Councit City of Fridley 6431 University Ave., N.E. Fridley, MN 55432 RE: FINAL ESTIMATE Period Ending: MAY 7,1990 FOR: TMI Coatings. Inc. 2805 Dodd Road St. Paul, MN 55121 1.5 MG CONCRETE RESERVOIR REPAIR PROJECT NO. 193 PROJECT CODE � 601-73-000-42400 STATEMENT OF WORK TOTAL a8$,850.00 02-May-90 UPDATED FINAL ESTIMATE Keys Well Driiling Page Two SUMMARY: Original Contract Amount Revised Cont�act Amount Value Completed To Date Amount Retained (09�0) Less Amount Paid Previously AMOUNT DUE THIS ESTIMATE CERTIFICATE OF THE CONTRACTOR a91,580.00 88,850.00 88,850.00 3,000.00 87.258.00 S1 �592.00 13H I hereby certify that the work performed and the materials supplied to date unde� the te�ms of the contract for this project, and all authorized changes thereto, have an actual value under the contract of the amounts shown on this estimate (and the final quantities on the finat estimate are correct), and that this estimate is just and correct and no part of the "Amount Due This Estimate" has been received. By Date Cont�acto�'s Authorized Representative (Title) CERTtFICATE OF THE ENGINEER I hereby certify that I have prepared or examined this estimate, and that the contractor is entitled to payment of this estimate under the contract for reference project. CITY OF FRIDLEY� INSPECTOR ey �► ,-• �i�. . `�' Date Respectfully Submitted, iLi ohn G. Flora, P.E. Pubtic Works Oirector CITY OF FRIDLEY PIIBLZC WORRS DEPARTMENT ENGINEERINQ DIVISION 6�31 �niversitp Ave., N.B. Fridley, MN 55132 May 7, � 1990 Honorable Mayor and City Council City of Fridley C/0 William W. Burns, City Manager 6431 University Ave., N.E. Fridley, I�1 55432 Council Members: CERTIFICATE OF TAE ENGINEER We hereby submit the Final Estimate for 1.5 MG CONCRETE RESERVOIR REPAIR PROJECT NO. 193 (53RD AVENUE & JOiiNSON), for TMI Coatings, Inc., 2805 Dodd Road, St. Paul, 1�1, 55121. We have viewed the work under contract for the construction of 1.5 MG CONCRETE RESERVOIR REPAIR PROJECT NO. 193 (53RD AVENUE & JOHNSON) and find the same is substantially complete in accordance with the contract documents. I recommend that final payment be made upon acceptance of the work by your Honorable Body and that the two-year contractual performance bond commence on May 7, 1990. Resp ctfully submitted, ,a �2� ohn G. Flora � Director of Public Works 131 Pre ared b : " ���"' � �"�`�� P Y Checked by: ' �.u,(.�, May 7, 1990 City of Fridley 13J 1.5 MG CONCRETE RESERVOIR REPAIR PROJECT NO. 193 (53RD AVE. & JOHNSON) �ERTIFICAT$ OF CONTRACTOR This is to certify that items of the work shown in the statement of work certified herein have been actually furnished and done for the above-mentioned projects in accordance with the plans and specifications heretofore approved. The final contract cost is $88,850.00 and the final payment of $1,592.00 for the improvement project would cover in full, the contractor's claims against the City for all labor, materials and other work down by the contractor under this project. I declare under the penalties of perjury that this statement is just and correct. TMI COATINGS, INC. James D. Imre - General Manaqer May 7, 1990 13K To: Public Works Director City of Fridley REPORT ON FINAL INSPECTION FOR �ITY OF FRIDLEY �.5 MG CONCRETE RESERVOIR REPAIR PROJECT NO. 193 •(53RD AVENIIE � JOHNSON) We, the undersigned, have inspected the above-mentioned project and find that the work required by the contract is substantially complete in conformity with the plans and specifications of the project. All deficiencies have been corrected by the contractor. Also, the work for which the City feels the contractor should receive a reduced price has been agreed upon by the contractor. So, therefore, we recommend to you that the City approve the attached FINAL ESTIMATE for the contractor and the two-year performance bond, starting from the day of the final inspection that being Mav 7, 1990. Ralph Vollanan, Public Works Superintendent Contractor Representative, (Title)