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08/14/1995 - 4879� OFFICIAL CITY COIINCIL AGLN�A COIINCIL MBETING AIIGIIST 14, 1995 � � � ' unror FRIOIEY FRIDLEY CITY COIINCIL MEETING ATTENDENCE SHEET Manday, Augcus� 14, 1995 7:30 P.M. PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN PRINT NAME (CLEARLY) ADDRES5 ITEM NUMBER � FRIDLEY CITY COUNCIL MEETING OF L � � AUGU5T 14, 1995 FRIDLEY The City of Fridley will not discriminate against or harass anyone in the admission or access tq or treatment, or employment in its services, programs, or activities because of race, color, creed, reiigion, national orignt, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodarion will be provided to allow individuals with disabilities to participate in any of Fridtey's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (T"I'D/572-3534) PLEDGE OF ALLEGIANCE: CERTlFICATE OF APPRECIATION: Fridley Lions Club APPROVAL OF MINUTES: City Counci( Meeting of July 24, 1995 APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: Second Reading of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA #95-04, by Home Depot USA, lnc., to Rezone from C-2, General Business and M-2, Heavy Industrial, to C-3, General Shopping Center District, Generally Located North of 1-694 and East of East River Road) (Ward 3) . . . . . . . . . . . . . 1.01 - 1.13 FRfDLEY CITY COUNCI� MEETING OF AUGUST 14,1995 PAGE 2 APPROVAL OF PROPOSED C�NSENT AGENDA: OLD BUSINESS (CONTINUEDI: Approve Agreement for the Curbside Collection of Tree Branches and Brush - between the City of Fridfey and Ce�s _ . _ __ Environmentai (Tabled Juiy 24, 1995) . . . . . . . . . . 2.01 - 2.14 NEW BUSINESS; Receive the Minutes of the P{anning Commission Meeting of Jufy 19, 1995 . . . . . . . . . . . 3.01 - 3.09 Specia! Use Permit Request, SP #95-07, Wifliam and Nancy Wiles, to Allow a Class ff Restaurant in a C-1, Local Business Zoning District, Generally Located at 7429 East River Road N.E. (A & W Restaurant) (Ward 3) . . . . . . . . . . . . . . . . 4.01 - 4.10 Approve Seventh Rider to Agreement Between the Board of Water Commissioners of the City of St. Paul and the City of Fridley for Bituminous Path Crossing of St. Paui Water Works Water Mains (Ward 3) . . . . . . . . . . . . . . . . . . . . . . . 5.01 - 5.05 FRiDLEY CITY COUNCIL MEETlNG OF AUGUST 14,1995 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS �.CONTINUEDI: � PAGE 3 Resolution Authorizing Changes in Appropriations for the Genera! Fund, Cable T.V. Fund, Grant ,� _ _ _ Management Fund, HRA Reimbursement Fund, Drug and Gambling Forfeiture Fund, Housing Revitalization Fund and the Capital Improvement Fund for the Year 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6.01 - 6.05 Claims................................... 7.01 Licenses ................................. 8.01-8.05 Estimates . . . . . . . . . . . . . . . . . . . . • - . . . . . . . . . . . 9.01 - 9.'i 0 ADOPTION OF AGENDA: OPEN FORUM, V1SIT�RS: (Consideration of Items not on Agenda -15 Minutes) FRIDLEY CITY COUNCIL MEETING OF AUGUST 14,1995 PUBLIC HEARINGS: PAGE 4 Plat Request, P.S. #95-01, by The Rottlund Company, Inc.; . . . . . . . . . . 10.01 - 10.19 and, Rezoning Request, ZOA #95-01, ,� _ _ _ by The Rottlund Company, Inc.; ..... 10.20 - 10.70 and, Vacation Request, SAV #95-02, by The Rottiund Company, inc., ...... 10.71 - 10.80 Generally Located South of Mississippi Street, West of University Avenue and North of Satellite Lane (Ward 1) (Continued from July 24, 1995) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.01 - 10.80 Approving an Ordinance Recodifying the Fridley City Code, Chapter 205, Entitled "Zoning," by Amending Section 205.25.8.C, and Repealing Section 205.24, and Adopting a New Section 205.24 Creating Floodplain Regulations .................. NEW BUSINESS: .................. 11.01-11.31 Review of Sharx Club/Sharx Sports Bar Intoxicating Liquor License . . . . . . . . . . . . . . . . . . . . . 12.01 - 12.05 FRIDLEY CITY COUNCIL MEETING OF AUGUST 14,1995 NEW BUSINESS �CONTINUED): PAGE 5 First Reading of an Ordinance Under - Section 12.06 of the City Charter Declaring Certain Real Estate to be Surplus and Authorizing the Sale Thereof (Generaliy Located at � _ - - 5720 Polk Street N.E.) (Ward 2) . . . . . . . . . . . . . . . . . . . . 13.01 -13.03 Variance Request, VAR #95-16, by Robert and Karen Fournier to Reduce the Front Yard Setback from 35 Feet to 25 Feet to Allow the Construction of a Three Season Porch, Generally Located at 8095 Riverview Terrace N. E. (Ward 3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Reso(ution Authorizing Anoka County HRA Special Benefit Levy . . . . . . . . . . . . . . . . . . . . . . . . Informal Status Reports ADJOURN: ......................... 14.01 -14.13 15.01 -15.17 16.01 � .� � Ir'RIDLCY C[TY COUNCIL MC�TING OI�' AUGUST 14, �995 �'c-t-�I—�--v�-- a�- _ urYOf �a�a.cY The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employm2nt in its services, p�ograms, o� activities bequse of raoe, colo�, cxeed, �eligion, �aiional origin, sex, disability, age, marital status, sexual orientatio� or status with regar+d to pubGc assista�oe_ Upon request, accommodation will be provided to allow individuals with disabiiities to participate i� any of Fridley's senrices, p�ograms, and activities. Hearing impai�ed persons who need an --- inferpreter or other persons with disabilities who require auxiiiary aids should c�tad Rot�e�ta Cotiins at 572-3500 at least one week in adva�ce. (TTD/572-3534) _ � PLEDGE OF ALLEGIANCE: CERTIFICATE OF APPRECtAT10N: Fridley lions Club ----'�,�,�,..t� �1PPROVAL OF MINUTES: ��%t�`„_ - City Council Meeting of Juiy 24, t995 G�,� _ NEW BUSINESS (CONTINUEOI: ...� -- -- - - APPROVAL OF PROPOSED CONSENTAGENDA- �. O�.O BUSlNESS: �= ;.';�:� � 0.:� Second Readng of an OM'�nance io � �`„ Amend the City Code of the City of �° "' ..- F�dley, Minr�esota. by Makir�g a Change in Zoning Distric�s (Rezoning ��`` � . Request, ZOA #95-04. by Home Depot <;^, ':��-.. �� . � IJSA,1r�a, to Rezona from C-2, Ge�er-at � Business and M 2, Heavy lndustrial. to G3, Ge�eral Shopping Center D�s6rid, Generapy located Nath of 1-G94 and Easi of East River Roa� (Ward 3) . 9.09 -1.13 /�,,;..z( • � ��` �-�''�'"�- . �- . - tJ� L i� � ty,. � . ��L� � /b�-��`'�' ci Approve Agreement for the Cufi�de Collec�ion of Tree Brand�e.s and Bn�,sh beiwee� the Cify of Fridley and Ceres Env�ronmenta! (Tab(ed Juty 24, : i995) ...................•---- 201-2_14 . - , �- /�� . / NEW 6USINESS• • Reoeive the Minutes of the Pla�ning - _ Cosnmis.sia� Mee�ag of J�y 19. ,, ��.- �= , 1995 . . . . . . . . . . . . . . . 3 Q1- 3 09 . � ` ` � .`�� . � � �`:,.: r . • _ �,, + -A.t...- r� ; ;v . . -. � . . . .. . . . �"-•c-�' .. .. �, . _ _ . . . _ . . _ _ . . Special Use Permi� Request, • SP #95-07, V1hi(iam and Nancy Wiles, to Allow a Class 11 � Restaurant in a G1, Local 6usiness Zoning Oistrict. Generalh/ Located . at ?429 East River Road N.E (A 8� W Restaurant) iWard 3) -----. 4.Oi - 4.10 a- �� Appnove Seve�th Rider to Agreement Between the Board of Water of the Gty of St Paut and the City of Fridley for B+iuminous � Path Crossi�g of St Paui Water Works Water Mains (1Nard 3) . . . . _ _ . . . . 5.01 - �:05 _ ,„ ' Resoluutiiai �Authorizing Char�ges i� Appropriaiions f�r the Ge�eral Fund. Cable T_V. Fu�d. Grant � � Management Fund, HRA Reimtwrsemeni ��( �'� ` Fund, Drug and Gambting Forfeiture = � ,� Fund, Hausi�g Rev�tal"ization Fund and,� �,,✓'� the Capita� lmprovement Fund for the - � Year1994 _ : -------------- 6.01-6_05 � ��e�._ , . Ctaims .__..� --.._....- - -01 Lioe�ses - - a/�� - - - - - - - - • - - 8_01 - 8_05 - �:.a-�-v".svt�" ,^ G� `�" Estimates . . . . . . . . . . . . . . : . 9.01- 9.10 , _.....a -.. f . _ - . � . M'� r . . . : ADOPTIOIV OF AGENDA: Cc��'� ��,�� -� �- �--��- � � �.� � �'` �{�,... I `^ i7 �� OPEN FORUM. VISITORS: {Considera6on of Items not on Agenda -15 Minutes) � ,`'� .,.Y.� PUBLIC HEARINGS: Plat Request, P.S. #95-09, by The Rottlund Company, Inc.; . . . . . . i0.01-10.99 and, Rezoning Request, ZOA #95-01, by The Rot�und Company, Inc.; . 9020 -10_70 and, Vacation Request, SAV #95-02, . by The Rottlund Company, lnc., . i0_71- '10_80 Generally Located South of Mississippi Street, West of U�iversity Avenue and North of Satetlite Lane (V1/ard 1) (Co�tinued fromJuly24, 1995) ..................... 10.Oi-10.80 � G��`'�''� � -� .�,5� �:. tVEW BUSINESS (COtVTiNUEO)- Variance Requesf, VAR #95-16, by Robert and Karen �oumier to Reduce the Front Yard Setback frvm 35 Feet fo 25 Feet-to Mfow the Constn�ction of a Three Season Porch, Generally La;ated at 8095 Riverview Terrace N E (Wa�d 3) � . . ........................ 14.01-14.13 7�� 1''��.� - ,,,-� _ - - - Resolutio� Author"izing Anoka` County '° HRA Special Be�efit Levy . . . . . . . . . . . . . . i5.01-15.1 ;' ��-� � �:� -7^ i�� - �. ?ti�� _ �y "�` i - _ � � ��'� . �y"y� 6 _ � �...�.�..�z`�--�-,) .� `�-��,�-�-f. G��" � "�'— r � �., s� . . : � `%� Informa1 �tus �ports . . . . . . . . . . . . . . . . 16_01 �� ¢ � n.� �� s_� � - s � � :: l /�� , � J�� h:�-� CQ� �� , �.:� , � _ � , a � �_s� . �1DJOURN: - � �-�..�-�: . .- 9� � G��--.,�--�— ��y Approving an OMinar�ce Recodifyi�g the Fsidley City Code, Chapte� 205, Er�titled "Zoning," by Amendi�g Sec�ion 205.25.8.C, and. Repealing I Sec6on 205.24. and Adopting a New I Section 205.24 Creating Floodplain I Regulations .__...... .. ..---.... lSr '� � O �` / V . - � ^ � c� � Z:S LVEW BUSINESS: ti�� ,�,� �'`� 'r�';J ��'" — / �.N 6f,"��,,�.+� .f G�.t�"`'`�� '°" ,�� ` �j`'~�°� - �� '! 1 _01-11.3'! Review of Sharx CluWSharx Sports 6ar Intoxicating Liquot License . . _ . . . . _ . : 12_01 -12.05 s�- �,�. - � . �-- �/�l�.r� �, - �-� �-��- �- �' _ _ ,�t..�.. F'�rst Reading of an Ordinance Ur�der �� . . ' Sectio� 1206 of the City Charter . _ Oedaring Cerfaio Rea1 Estate t�o be I/ � ��. � �- .. � �i_„� 1 � ��_._ �i - ' /L/ ` a /y/� � � � � �y �� .� a - __ �,;� � � Surplus and Authorizing the Sale - . ; - . ; . : � Ther�eof (Ge�eralty tocated at � .. ' � . , 5720 Poik St�eet N.Ej ) . .': . 13.01-13.�ii; . . � ,°. .. .. . . . . . . ...- w � . - -::' , ... , i , � _ � .. . .. . . . . f-'� � � . . ... ._ � `� n , < <,s.7.� , , n.� . . ..,, r�..L�,� ,.5 �'Sz!�ez.t ncS�'�37 iS'r x: r�FSdRi3`i:,� �,ijfz .'Fifi�i`3.`-�� .. . . ,7fyf�S,. ... ..'•�; � , THS MINQTES OF TH$ FRIDLEY CITY COZTNCIL MBLTIN(� OF JIILY 24, 1995 ,, i7�S's'?t?�f?f%�f�f?'f�'?f3f+i;S:T;3Si33?fi3r,`��7fE3T?! .�?.'ifi�z.'?STfL�i3�S?37fFSiSiS?RS3��'?F;?rs�f�;Fs?.•`s3f33zs?Fisii3R.�is;S3S�7ffiS� � 0 THE MIN[7TES OF THE REGIILAR MEETING OF THE FRIDLEY CITY COIINCIL OF JULY 24, 1995 The Regular Meeting of the Fridley City Council was called to order at 7:38 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: MEMBERS ABSENT PROCLAMATION: Mayor Nee, Councilwoman Jorgenson, Councilman Billings, Councilman Schneider and Councilwoman Bolkcom None NATIONAL NIGHT OUT - TUESDAY, AUGUST 1, 1995:_ Mayor Nee read and issued a proclamation proclaiming August 1, 1995 as National Night Out in the City and called upon all citizens to join the Police Department and participate in the 12th Annual National Night Out by having neighborhood block parties to symbolically take back the night. Ms. Julie Swanson of the Police Department and members of Captains Advisory Board accepted this proclamation. S that sixty persons have registered for block parties and Police Department employees and thirteen fire fighters participate. She stated that on the evening of Tuesday, 1995 there will be youth National Night Out activities Lake Beach and extended an invitation to the Council to APPROVAL OF MINUTES: COUNCIL MEETING, JULY 10, 1995: the Block he stated seventeen will also July 25, at Moore attend. 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. APPROVAL OF CONSENT AGENDA: NEW BUSINESS: l. RESOLUTION N0. 42-1995 APPROVING THE SPECIAL LAWS AUTHORIZING THE CREATION AND THE IMPLEMENTATION OF A HOUSING RFsPLACEMENT PROGRAM: Mr. Burns, City Manager, stated that the adoption of this resolution is the first step in the creation of tax increment FRIDLEY CITY COUNCIL MEETING OF JULY 24, 1995 BAGE 2 financing districts that correspond with the City's scattered site housing acquisitions. He stated that a draft housing replacement plan will be presented to the Council and the Housing and Redevelopment Authority (HRA) in September. A Housing Replacement district will be submitted for the Council�s approval in October. Mr. Burns stated that this program is possible due to special legislation approved this year by the legislature for Fridley, Crystal, and Minneapolis. He stated that the program allows the HRA to capture a portion of the taxes generated by newly constructed homes on HRA scattered sites for periods of up to fifteen years. He stated that the City is able to include up to ten sites per year and a total of fifty sites over the fifteen year life of the legislation. ADOPTED RESOLIITION NO. 42-1995. 2. APPROVE SERVICE CONTRACT BETWEFN THE ANOKA COUNTY COMMUNITY ACTION PROGRAM INC. AND THE CITY OF FRIDLEY FOR JOINT ADMINISTRATION OF THE HOME IMPROVEMENT GRANT PROGRAM: Mr. Burns, City Manager, stated that this program is made possible through Community Development Block Grant (CDBG) funding of $124,210. He stated that the City markets the program and receives applications and the Anoka County Community Action Program (ACCAP) provides inspection services, work write-ups, helps the homeowner obtain estimates and select a contractor, monitors work performance, and conducts initial, interim, and final inspections of the work done by contractors. Mr. Burns stated that eligible households are those at or below fifty percent of inedian income for the SMSA (about $25,000 for a family of four). He stated that up to $15,000 is available for seven to ten units for code related repairs to the property, and the money is paid back by the recipient upon the date of the sale of the property. He stated that ten percent is reduced each year for five years and, at the point of sale, one-half of the loan is repayable without interest. He stated that this year, the City will serve seven to ten households under the CDBG program and another five to six under the HOME program funding. He stated �hat the contract is for $10,663. T$IS ITEM WAS PLACED ON THE REGIILAR AGENDA. 3. APPROVE AGREEMENTS FOR THE CURBSIDE COLLECTION OF REFUSE BETWEEN THE CITY OF FRIDLEY AND WASTE MANAGEMENT BLAINE AND WALTER'S RECYCLING AND REFUSE: Mr. Burns, City Manager, stated that these contracts with Waste Management, Blaine and Walter's Recycling and Refuse are FRIDLEY CITY COUNCIL MEETING OF JULY 24 1995 PAGE 3 for curbside pickup of refuse, appliances, and large furniture on September 16, 1995 between 6:00 a.m, and 6:OQ p.m. He stated that Waste Management will provide 35 trucks at the rate of $180 per hour For up to fifteen hours and Walter's Recycling and Refuse will provide five trucks at the rate of $160 per hour for up to fifteen hours. He stated that the estimated costs are $94,500 for Waste Management, Blaine; $12, 000 for Walter� s Recycling and Refuse; and $68, 000 for disposal costs or a total of $175,148. APPROVED AGREEMENTS WITS WAST}3 MANAGEMEI�TT, BLAINE AND WALTER' S RECYCLING AND REFiTSE. 4. APPROVE AGREEMENT FOR THE CURBSIDE COLLECTION OF TREE BRANCHES AND BRUSH BETWEEN THE CYTY OF FRIDLEY AND CERES ENVIRONMENTAL : Mr. Burns, City Manager, stated that this contract is with Ceres Environmental for curbside pickup of tree branches and brush from all Fridley households during the week of Septem- ber il to 15 between the hours of 7:00 a.m. and 3:00 p.m. each day. He stated that Ceres was selected on the basis of total cost per hour of operation, and the estimate for this portion of Clean-Up Week is $53,000. He stated that the contract includes a five percent incentive for early completion and a ten percent penalty for late completion. THIS ITEM WAS PLACED ON THE REGIILAR AGENDA. 5. APPROVE LEASE AGREEMENT FOR PREMISES IN HOLLY SHOPPING CENTER BETWEEN THE CITY OF FRIDLEY AND HEARTLAND UNIVERSITY COMMERCIAL LIMITED PARTNERSHIP (TEMPORARY SITE FOR FRIDLEY LIQUOR WAREHOUSE (WARD 1): Mr. Burns, City Manager, stated that this contract is with Heartland University Commercial Limited Par�nership from August 1, 1995 to February 29, 1996. He stated that the total monthly cost is $4,850, and the lease agreement was reviewed by the City Attorney. He stated that the move will begin July 30 and be completed on August 2. APPROVED LEASE AGREEbSENT WITH HEP,RTLAND IINIVERSITY COb�lERCIAL LIMITED PARTNERSHIP. 6. APPROS7E THE AUTHORIZATION OF A CONTRACT BETWEEN THE CITY OF FRIDLEY AND FOREST LAKE CONTR.ACTING FOR THE ADDITION OF A BIKE PATH NORTH AND SOUTH OF THE EAST RIVER ROAD COUNTY HIGHWAY IMPROVEMENT (WARD 3): Mr. Burns, City Manager, stated that the City and Anoka County are proposing the construction of a bikeway between Missis- sippi Street and Osborne Road. He stated that a portion of this bikeway between Hartman Circle and Glen Creek Road is FRIDLEY CITY COUNCIL MEETING OF J[JLY 24 1995 PAGE 4 included as part of the County's 1995 upgrading of this section of roadway. He stated that since the County cannot extend zheir contract beyond the limits approved by the Federal Highway Administration, it is necessary for the City to implementi a separate contract for small segments at both the north and south ends of the project. Mr. Burns stated it is recommended �hat the City enter into a separate agreement with the County's contractor, Forest Lake Contracting, for construction of bike path segments between Rice Creek Way and Hartman Circle on the south and between Glen Creek Road and Osborne Road on the north. He stated that the estimated cost is about $25,000 and funds have been budgeted as part of the 1995 Capital Improvements Plan. He stated that staff is requesting that Council authorize the negotiation of a contract with approval of the actual contract by the Council in August . He stated that the City will be seeking reimbursement of this cost from the state. APPROVED THE AIITHORIZATION OF A CONTRACT WITB FOREST LARE CONTRACTING. 7. RESOLUTION NO. 43-1995 AUTHORIZING MUNICIPAL STATE AID FUNDS TO COUNTY STATE AID HIGHWAY (CSAH 8) OSBORNE ROAD - CONIMERCE LANE TO FIFTH STREET (SAP 02-608-08) (MSAP 127-020-16): Mr. Burns, Cit�r Manager, stated that these County improvements include milling, bituminous overlay, turn lanes, and signal revisions between Commerce Lane and Fifth Street. He stated that the project will upgrade the number of lanes for east- bound Osborne Road traffic from three to four on the west side of the intersection. He stated a pathway is also to be con- structed parallel to Osborne Road on the north side between commerce Lane and Universit�r Avenue. He stated that Chis segment will complete the bikeway/walkway system on Osborne Road from East River Road to Old Central. Mr. Burns stated that this resolution seeks Council approval for use of $15,000 in MSA funds to cover the cost of the bikeway/walkway, and the project is to begin in late summer. He stated that funds are not budgeted in the 1995 Capital Improvements Plan. ADOPTED RESOLIITION NO. 43-1995. 8. RESOLUTION N0. 44-1995 REOUESTING THE POSTING OF "NO PAR.KING" SIGNS ON OSBORNE ROAD BETWEEN COMMERCE LANE AND FIFTH STREET: Mr. Burns, City Manager, stated that since there is no shoulder being constructed as part of the County's Osborne Road project, the County is requesting the City to approve a no parking resolution for Osborne Road between Commerce Lane FRIDLEY CITY COtTNCIL MEETING OF JIILY 24 1995 PAGE 5 and Fifth Street. He stated that the signs would be posted and maintained by the County. ADOPTED RESOLIITION NO. 44-1995. 9. CLAIMS: APPROVED CLAIM NOS. 62868 THROIIGH 63200. 10. LICENSES- APPROVED THE LICENSTsS AS SIIBMITTED AND AS ON FILi3 IN THE LICENSE CLERR'S OFFICE. 11. ESTIMATES• APPROVED, AS FOLLOWS: Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432 Services Rendered as City Prosecuting Attorney for the Month of June, 1995 ....$13,271.25 Barna, Guzy & Steffen, Ltd. 400 Northtown Financial Plaza 200 Coon Rapids Boulevard Coon Rapids, NIl�T 55435-5489 Services Rendered as City Attorney for the Month of June, 1995. . . . . . . . . $ 2,749.90 F.F. Jedlicki, Inc. 14203 West 62nd Street Eden Prairie, NII�T 55346 Clover Pond Diversion/52nd Avenue Floodway Project No. 222 Estimate No. 6 . . . . . . . . . . . . . . . $10, 084 .25 Innovative Irrigation 10008 University Avenue N.W. Coon Rapids, MN 55448 Corridor Maintenance Project No. 275 Estimate No . 3 . . . . . . . . . . . . . . . $ 3 , 400 . 50 FRIDLEY CITY COIINCIL MEETING OF JIILY 24 1995 PAGE 6 Dermco Construction Co. 2837 Aldrich Avenue South Minneapolis, MN 55408 Tennis and Basketball Court Color Coating and Overlay Project No. 284 Estimate No. 2 . . . . . . . . . . . . . . . $51, 642 .70 There were no comments from the audience regarding the consent agenda items. Mayor Nee requested that Items 2 and 4 be removed from the consent agenda and placed on the regular agenda. MOTION by Councilwoman Jorgenson to approve the consent agenda items, with the exception of Items 2 and 4. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF �,GENDA : MOTION by Councilman Schneider to adopt the agenda with the addi- tion of Items 2 and 4 from the consent agenda. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: UPDATE ON COMMUNITY ACTIVITY CENTER: Mr. Burns, City Manager, stated that in May, a preliminary proposal was submitted to Council which examined the needs of youth and seniors for activity space. He stated that estimated costs for a new facility and remodeling would be $3.1 million with operating costs of about $244,000 per year. Approximately $21,000 a year would be received in annual rental revenue. Mr. Burns stated that a portion of the cost of such a facility would probably need to be funded from fund balances, and there are a number of competing priorities for the use of these fund balances. He stated that Council is now going through the 1996 budgeting process, and there is quite a gap between the estimated General Fund revenues and the expenditures. He stated that because of this gap, Council should possibly consider scaling down such a project to consider senior needs only and avoid adding new operating costs for which there is no revenue. Councilman Schneider stated thaC there has been no discussion how such a facil.ity would be funded, and he felt this needed to be addressed in a budget work session. Councilwoman Jorgenson stated that she had requested an update on the status of a community center. She stated that it was February FRIDLEY CITY COIINCIL MEETING OF JIILY 24 1995 PAGE 7 when the seniors were before the Council, and she felt this has to be on Council's priority list. PUBLIC HEARINGS: 12. PUBLIC HEARING ON PLAT REOUEST, P.S. #95-01, BY THE ROTTLUND COMPANY, INC.; AND PUBLIC HEARING ON REZONING REOUEST, ZOA #95-01, BY THE ROTTLUND COMPANY, INC.,; AND PUBLIC HEARING ON VACATION REOUEST, SAV #95-02, BY THE ROTTLUND COMPANY, INC.; GENERALLY LOCATED SOUTH OF MISSISSIPPI STREET. WEST OF UNIVERSITY AZTENUE AND NORTH OF SATELLITS LANE (WARD 1): MOTION by Councilman Schneider to waive the reading of the public hearing notices and open the public hearing on P.S. #95-01, ZOA #95-01, and SAV #95-02. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:05 p.m. Ms. Dacy, Community Development Director, stated that this proposed development is for the fourteen acre site at the southwest corner of Mississippi Street and University Avenue. She stated that the public hearings are for the rezoning of the property from R-3 and C-3 to S-2 and also to consider a plat and a vacation of public right-of-way along the University Avenue frontage road and a small portion on Third Street. Ms. Dacy stated that the Planning Commission reviewed all three of these requests and recommended approval of Plan B Revised subject to stipulations. She stated that Plan B Revised consists of 48 senior condominium units; 6 eight-unit attached condominiums; 24 two-story detached townhomes, and 26 one-story townhomes. She stated that the developer has received cost estimates for the senior condominiums, and the number of units is now under evaluation. She stated that prices range from $80,000 to $160,000 depending on the type of housing. She stated that the total development would consist of 146 units. Ms. Dacy stated that two key issues with this development were the alignment of Third Street and the housing styles. She stated that the sixteen unit buildings were a major concern, and the developer addressed these concerns by creating six eight-unit buildings and two-story detached townhomes. She stated that in regard to the alignment of Third Street, the developer was proposing an access just west of the median. She stated that the recommendation is to pursue the intersection alignment where Third Street is located 35 feet east of the existing location, and the access to Holly Center is also proposed to be realigned. FRIDLEY CITY COIINCIL MEETING OF JIILY 24 1995 PAGE 8 Ms. Dacy stated that Plan B Revised creates higher value townhomes with three floor plans to appeal to the public. She stated that there is also more semi-private open space and four distinct hou- sing styles. She stated it was felt that the location of Third Street seemed to be the best in terms of safety and future traffic control. Ms. Dacy stated that Macromedia Technologies, Inc. has computer simulations of the development proposed for this site. Mr. Fr.ank Blundetto, Macromedia Technologies, presented these computer simu- lations to Council which consisted of stills and animation. Mr. Tim Whitten, Architect for Rottlund Company, stated that Rottlund wished to create a very strong neighborhood and sense of community with this development. He stated that there are different architectural themes, but there is consistency in the design and architecture so that the development appears as a neighborhood. He stated that the goal was to conform to design guidelines set forth by the City. Mr. Whitten stated that the two 24 unit condominium buildings are targeted for seniors; the six eight-unit townhomes are targeted for young professionals; the 26 one-story townhomes are targeted for empty nesters; and the 24 two-story detached townhomes are targeted toward young couples, singles, and single parents. He stated that these are four distinct types of housing exiting off the main drive. He stated that they wanted to create a certain image and separate identity for each style. Mr. Whitten stated that the most dense housing is proposed for the corner of University Avenue and Mississippi Street. He stated that they are proposing a plaza at this location. It would be open to everyone, and would provide a buffer from the roadways. He stated that this plaza leads into an interior park. He stated that land- scaping berms are proposed along Mississippi Street and University Avenue to buffer the housing units to the traffic and noise. He stated that there would be stone columns with this same material incorporated in the housing units. Mr. Whitten stated that in the two 24 unit condominium buildings, each unit is approximately 1.,200 square feet, and there is an exterior court. He stated that half the units have two car garages, and the other half have single garages. He stated that the construction materials are stone at the base, brick on Che second level�, and lap siding for the rest of the building. He stated that fireplaces are optional and laundry facilities are provided in each unit. Mr. Whitten stated that the townhomes are three-story, two bedroom units with private entrances and attached garages. He stated that they are focusing on the issue of privacy and security. He stated that this housing resembles Boston row housing. He stated that the - - :-. . _ _.. _ . _<, FRIDLEY CITY COLTNCIL MEETING OF JULY 24 1995 PAGE 9 materials used are brick and vinyl lap, with a combination of cedar siding. Mr. Whitten stated that there are 26 units of cottages which are on one level. He stated that all units have two car garages and range from 1,30Q to 1,450 square feet. He stated that each unit has either two or three bedrooms, and there are two different choices of floor plans for these units. He stated that these units will be placed on an angle to the street and will have a side or straight entry, with the option for a porch. Mr. Whitten stated that the 24 two-story detached townhomes will have two car garages for all units and range from 1,300 to 1,600 square feet. He stated that they are looking at the introduction of some front porches to play down the garage fronts. Mr. Tom Harrington, the Landscape Architect from BRW, Inc., reviewed the park space within this development. He stated that there are sidewalks from Satellite Lane to Mississippi Street, and there is a walkway system across Third Street which continues to a private street . He stated that the space in the northeast corner is not only useable by the development but allows for public usage as well. Mr. Harrington stated that there is a short two foot stone wall on the outside which rises to five feet. He stated that this provides an introduction to the rest of the development. He stated that benches and trees, as we11 as a few picnic tables, have been incorporated, and the overall concept is a passive park. He stated that there is approximately 65 feet by 100 feet of green space which is large enough for lawn games or could be flooded in the winter for skating. Mr. Don Jensen, Land Development Manager for Rottlund Company, stated that Rottlund wanted to buffer the busy zones at Mississippi Street and University Avenue and the industrial area to the west. He stated that they came up with a series of hedge treatments. In negotiating with RAO to the west they have a landscaping buffer of approximately 10 feet to 15 feet on either side in order to obtain a positive buffer area. He stated that there is a wood fence near the RAO property, and on the west boundary a fence would be placed as the grade rises to do a more effective job of screening the development. Mr. Jensen stated that the columns around the perimeter of the development are finished concrete which resemble limestone. He stated that these columns will be used along Mississippi Street and connect with an arbor vitae hedge or ornamental fence. He stated that the first floors of the buildings facing the University Avenue and Mississippi Street intersection will be screened. Mr. Jeff Holstein, Traffic Consultant with BRW, Inc., stated that a detailed traffic analysis of this site was conducted to determine whether or not the project would have a negative impact on the FRIDLEY CITY COUNCIL MEETING OF JULY 24, 1995 PAGE 10 roadway system. He stated that a determination was also made if the proposed relocation of Third Street 35 feet to the east would be a problem. Mr. Holstein stated that this site is expected to generate only one-third of the trips that were generated several years ago when this area had commercial development. He stated that the current three access points will be consolidated, and the access on Third Street will be moved 35 feet to the east. He stated that a level of service analysis was completed, and the levels are at B and D in the morning hours for Third and Mississippi Streets. He stated that this also holds true for Mississippi Street and Univer- sity Avenue, and these are acceptable levels. Mr. Holstein stated that it was also determined that the distance between Third Street and University Avenue is sufficient enough to allow for stacking. He stated that this development will generate less traffic, and two access points will be eliminated which will help conditions on Mississippi Street. He stated that as far as the traffic impact to adjacent streets, there would be little or none. Councilwoman Bolkcom asked if the traffic going south was taken into consideration. Mr. Holstein stated that he did not count that traffic. He stated that the data shown at the existing Third Street and Mississippi Street intersection is from counts done by Anoka County. The data at the University and Mississippi intersection was from the Min- nesota Department of Transportation study done in 1993, and the figures were adjusted for what has transpired on this site. He stated that as far as a traffic count to determine how many of the previous patrons to the site were from the south, this was not done. Councilwoman Jorgenson asked if the traffic study figures were based on 172 units or 148 units on this site. Mr. Holstein stated that it was initially based on 172 units, but it has been adjusted. Councilwoman Jorgenson stated that the existing traffic on Missis- sippi Street is 10,500 vehicles per day. She stated that the short range post development would be 9,800 vehicles per day, and the long range forecast is 27,800. She stated that there are a number of residents on Second Street that will have a difficult time accessing Mississippi Street. She stated that when they initially reviewed this development, Third Street was to align with Second Street. Mr. Holstein stated that since this development generates less traffic than the p�evious retail establishments, there should probably be easier access to Mississippi Street from Second Street . FRIDLEY CITY COtTNC2L MEETING OF JULY 24, 1995 PAGE 11 Mr. Whitten stated that with the needs they had for designing this site and addressing the two most active areas, they arrived at this location for Third Street. Counciiwoman Jorgenson asked if there is sufficient space from the proposed Third Street location to the intersection at University Avenue to install a traffic light at a fu�ure date. Mr. Holstein stated that there would be sufficient space. Councilwoman Jorgenson asked what would warrant the installation of a traffic signal at Third Street. Mr. Holstein stated that there is a manual and certain criteria has to be met. He stated that he cannot speak for the County, but a four-way stop at this location may be feasible. Councilman Schneider asked if the City would have met the require- ments for a traffic signal prior to the demolition of the cotnmer- cial area. Mr. Holstein stated that the County did the warrant analysis, and it was not close to meeting the requirements. Councilwoman Bolkcom asked if Third Street would be a public or private street. Ms. Dacy stated that Third Street is proposed to be dedicated as part of the plat and would be a public street. Mr. Bruce Falink, 212 Mercury Drive, stated that he is not opposed to this development or the relocation of Third Street. He stated that they do, however, have problems with traffic in their neigh- borhood. He stated that their neighborhood is used as a shortcut to get to Holiday, and these vehicles travel 40 to 45 miles per hour. He stated that there are a lot of children in the neighbor- hood and park which is a safety concern. Mr. Falink offered several options to reduce the amount of traffic in their area -- one was to remove access south of Satellite Lane. Cbuncilman Schneider stated that he has received calls which are opposite to what Mr. Falink is suggesting. Mr. Falink stated that the residents on Mercury Drive and Jupiter Drive may feel differently than those that live on the adjacent streets. Councilman Billings stated that the developer originally did not want a connection to Satellite Lane. He stated that, historically, there have been a number of residents that use this as a means of going north. He stated that there have been a number of complaints from residents along Starlite Lane, and other streets that people FRIDLEY CITY COIINCIL MEETING OF JIILY 24 1995 PAGE 12 are using their neighborhood as a shortcut. He stated that Council would be pleased to provide no access to Satellite Lane, if that was the wishes of the neighborhood. He stated that if the residents felt they wanted n.o access to Mississippi, he felt the developer would accommodate this request. Mr. Whiten stated that they actually have two points of access. They would be happy not to have the access go through on Third Street but to maintain the other access to the east which is a private drive. Mr. Bruce Lundberg, 230 Rice Creek Terrace, stated that he was impressed with the Rottlund proposal. He stated that he does have a concern with traffic and access to Mississippi Street off of Second Street. He stated that at one time there were three accesses into his area, but they are now down to only Second Street. He stated that Council has a great opportunity to align Second and Third Streets so that two developments can co-exist. Mr. Lundberg stated that if the intersection is 35 feet to the east, he doubted if tihe County would ever consider traffic control.. He stated that if the streets are aligned, it is likeiy that a four-way stop would be warranted. Mr. Lundberg stated that the analysis did not even mention Second Street or the development to the north. He asked that Council relocate the entrance of this development so that is across from Second Street. He stated that the current residents have an investment in Fridley, and the persons living in this development will have an investment in Fridley, but the developer does not. He stated he believed that two units could be removed and relocated in order to align Second and Third Streets. Mr. Flora, Public Works Director, stated that there is not suffi- cient traffic from this residential neighborhood to the north to warrant a signal. Mr. Lundberg stated that if the two developments are connected, he felt there would be enough traffic to warrant a signal. He stated that Council has the opportunity to make future traffic control possible. Mr. Holstein stated that if Third Street was moved another 200 feet to the west it would make it difficult for the left turn. He stated that there would also be a need for grade work at Second Stree�. Ms. Dacy stated that she and Mr. Lundberg have had discussions a number of times. She stated that what was known as the Second Street alignment was presented to the Planning Commission for their review. She stated it was felt that there may be some conflict with the traffic movement into the shopping center and a stacking problem. She stated that correspondence has been received from the FRIDLEY_CITY COIINCIL MEETING OF JIILY 24, 1995 PAGE 13 owner of Holly Shopping Center, and it was felt that if access to the shopping center was from Second Street, there was concern about the long term viability of the shopping center. Mr. Whitten stated that he is sympathetic to the residents to the north, however, they are trying to get the access�near the area of the development that generates the most traffic. Councilman Billings stated that the original plan had two entrances onto Mississippi Street, one aligning with Second Street. He asked if there were any alternatives that would make the traffic patterns work within the development and accommodate the access at Second Street. MOTION by Councilman Billings to continue the public hearing on these requests to the August 14, 1995 Council meeting. Seconded by Councilcvoman Jorgenson. Councilwoman Jorgenson stated that she has difficulty with the Third Street alignment directly into the Holly Shopping Center. She stated that the initial request did not indicate that these two streets were to be aligned. She stated that she would like the alignment with Second Street. Mr. Whitten stated that to align Third Street with Second Street is very difficult to accommodate, but he understands Councilwoman Jorgenson's concerns. Councilwoman Jorgenson felt that the access to Sylvan Hills also needs to be addressed by the neighborhood. She stated tha� if the neighborhood did not want access to Mississippi Street, this could be accommodated. Councilman Schneider stated that he felt comfortable with the proposal. He stated that he did not think this Third Street alignment creates more difficulty than what exists today, as the traffic counts are reduced. He felt that the grade of Mississippi Street, due to the overpass, does create a problem to align Second and Third Streets. He stated that he could support this proposal as presented. Councilwoman Bolkcom stated that she is concerned about the Third Street alignment because of the two neighborhoods. She stated that she would like more input from the residents. She could not say at this point if she would support this Third Street alignment. She stated that she also has a concern about those residents who have to use Second Street as an access. Councilman Billings stated that in the last ten years, the neigh- borhood north of Holly Shopping Center has been to Council relative to the fact that they cannot get in and out of their neighborhood. He stated that they have been told when development takes pl.ace on FRIDLEY CITY COIINCIL MEETING OF JULY 24 1995 PAGE 14 the south side of Mississippi, this concern would be addressed. He felt that if it was not addressed the Council would be mis- leading the residents in that neighborhood. Councilman Billings stated that as far as a connection to the Sylvan Hills area, he has had numerous calls about the need for such a connection and just as many calls indicating there should not be a connection. He stated that the residents on Starlite Lane get a lot of traffic as a shortcut to Mississippi Street. He stated that he recalls discussing the Second Street access at one meeting, and if he had to vote this evening on the plat he would have no choice but to vote against it. Mayor Nee stated that he is comfortable with the design and creativity. He stated that he agrees with Councilman Billings that for years the City set as a goal some commitment to the residential neighborhood to the north to try and align Second Street so that they could get stop signs or a signal. He felt that this would be the time to make this alignment. Ms. Dac�r stated that the alignment of Third Street would affect the density of the development. Mr. Burns, City Manager, asked if there is a way to tie in Second Street into the Holly Shopping Center. Ms. Dacy stated that it would be difficult to obtain a public right-of-way to meet the required standards. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. OLD BUSINESS: 13. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS (REZONING REQUEST, ZOA #95-04 BY HOME DEPOT USA, INC TO REZONE FROM C-2 GENERAL BUSINESS AND M-2 HEAVY INDUSTRIAL TO C-3 GENERAL SHOPPING CENTER DISTRICT GENERALLY LOCATED NORTH OF I-694 AND EAST OF EAST RIVER ROAD) (WARD 3) (TABLED JULY 10, 1995): Mayor Nee removed this item from the table. Mr. Hickok, Planning Coordinator, stated that this is a request by Home Depot to rezone property from C-2 and M-2 to C-3. He stated that at the last meeting, there were concerns raised about the impact of traffic on residents on Fifth and 61st Avenues, particu- larly relating to traffic on weekends. Mr. Hickok reviewed the questions which were raised and the responses as outlined in a memorandum to the City Manager from Barbara Dacy and himself dated July 20, 1995. FRIDLEY CITY COiINCIL MEETING OF JIILY 24 1995 PAGE 15 Councilwoman Bolkcom stated that the neighborhood is concerned about weekend traf f ic . She stated that even if this parcel was not rezoned, it would not mean that there would be no weekend traffic as the site is developed. She requested a comparison of weekend traffic for an industrial use as compared to Home Depot's operation. Mr. Tim Platt, Real Estate Manager for Home Depot, stated that for an industrial use only, there would be one hundred Saturday peak hour trips; for an industrial/commercial mix development, 1,707; for Home Depot with retail development, 545 trips; and 405 trips for Home Depot only. He stated that with development of this site, there would be some additional peak hour traffic. He stated tha� none of the Saturday peak hour traffic would affect the current level of service at the existing intersections. He stated that these intersections are functioning at a higher level of service than the University Avenue and Mississippi Street intersection. Councilwoman Jorgenson asked what hours were used for the weekend peak hours. Mr. Platt stated that for the weekend study they used the peak hours of 12:30 p.m.to 1:30 p.m. Ms. Lori Wood, 133 Fifth Avenue, stated that Home Depot's peak hours would be on the weekends. She stated that there would be a lot more traffic on their street. She stated that she had submitted a petition, and she and those persons are opposed to the rezoning. Councilwoman Bolkcom stated that she had received several phone calls from person in favor of the rezoning. Mr. Leonard Kos, 5468 Altura Road, stated he felt that this deve- lopment would deflect traffic through neighborhoods as far north as 61st Avenue and as far south as 49th Avenue. He stated that there is not direct access to the property, and traffic is increa- sing on Main Street and Fifth Avenue. He stated that to intensity the tra�fic is creating a problem and not benefitting the community. He stated that the "weaving" pattern off I-694 to turn left onto 57th Avenue is a real problem. MOTION by Councilwoman Bolkcom to waive the reading and approve the ordinance on first reading, with the following stipulations: (1) a Comprehensive Plan Amendment will be required if this Z4.5 acre parcel is to be rezoned. All fees related to processing the amendment will be borne by the petitioner; (2) the materials of the landscape plan shall be reviewed and approved by staff prior to installa�ion; (3) the banding and color scheme shall be consistent on all building faces; (4) customer information/directional signage and s�riping will be required in accordance with the Home Depot Site Plan dated April 27, 1995; (5) a request for three variances FRIDLEY CITY COUNCIL MEETING OF JULY 24 1995 PAGE 16 would be required to be processed, and a decision of the Fridley City Council rendered prior to fabrication and installation of a sign larger than 80 square feet; (6) the petitioner shall provide verification of approval of the storm water management plan from the Minnesota Department of Transportation and the Six Cities Watershed District; (7) calculations must be provided and drainage modifications must be completed on the plan prior to the May 3, 1995, Planning Commission meeting; (8) a drainage easement must be acquired by the petitioner to allow excess run-off to drain on the property to the west; (9) all pond slopes shall be designed with a minimum 3:1 interior slope in accordance with the grading and drainage plans dated April 19, 1995; (10) pond capacity calcula- tions shall be provided prior to the May 3, 1995, Planning Commis- sion Meeting; (il) the petitioner shall comply with all require- ments of the Anoka County Engineering Department; (12) a semi- traffic circulation plan shall be indicated on the site plan with the modified access location as required by the Anoka County Traffic Engineering Department; (13) the large comznercial vehicle circulation route shall be clearly marked through the use of informational signs once the site develops; (14) the petitioner shall be responsible for the cost of the traffic improvements necessary to accommodate the traffic generated by the development including signalization or other improvements as determined by Anoka County or MnDOT now or in the future; and (15) all Home Depot deliveries (to and from the store) shall only utilize the delivery route of 57th Avenue N.E. to University Avenue. Seconded by Councilman Schneider. Councilman Schneider stated that once this site develops, the traffic will be there and felt that Home Depot is the best solution. He stated that putting the traffic issue aside, the Home Depot development is very impressive, and he hoped this addition to the neighborhood would help clean up the Holiday site. Councilwoman Bolkcom stated that the City would continue to work on improving the traffic conditions. She stated that if the site developed as it is now zoned there would still be the same traffic issue. Mr. Hickok asked if the motion includes the initiation of the study. He stated that the improvement to the turn lane on 57th Avenue was identified as a possible improvement by Mr. Platt. He stated that the County would be interested in a signal on Main Street. Mayor Nee suggested that staff prepare an item for Council's con- sideration relating to the study and related traffic issues at the second reading of the ordinance. Mayor Nee stated that this issue was a difficult one. He stated that it goes back many years when a serious mistake was made in the planning process and heavy industrial was put next to residential. He stated that it is difficult for him as he has many friends south FRIDLEY CITY COUNCIL MEETING OF JIILY 24 1995 PAGE 17 of the freeway, and there are some mixed feelings. He sta�ed that he felt most people have been supportive of the rezoning, and several persons have had the occasion to do business with Home Depot in other states. He stated that he has never seen a company so willing to try and resolve these problems. He stated that this bears on his decision that he feels Home Depot is best for the neighborhood. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye and Mayor Nee declared the motion carried unanimously. 14. RESOLUTION NO. 45-1995 APPROVING A COMPREHENSIVE PLAN AMEND- MENT. CPA #95-01, BY HOME DEPOT USA. INC., FOR PROP}3RTY LOCATED ON TRACT A REGISTERED LAND SURVEY NO. 103 GENER.ALLY LOCATED NORTH OF I-694 AND WEST OF RTVER ROAD ON MAIN STR.EET �WARD 3) (TABLED JULY 10, 1995): Mayor Nee removed this item from the table. Mr. Hickok, Planning Coordinator, stated that this resolution is to approve a comprehensive plan amendment. He stated the Metropo- litan Council has requested additional inFormation regarding this amendment , but he does not expect that this will delay the proj ect . He stated that the Metropolitan Council was required to respond within ten working days of submission of this comprehensive plan amendment, and a request for additional information was received on the 11th or 12th day, depending on whether July 3 is considered a holiday for the Metropolitan Council. MOTION by Councilwoman Bolkcom to adopt Resolution No. 45-1995, with the following stipulations attached as Exhibit A: (1) approval of plat request, P.S. #95-02, rezoning request, ZOA #95-04, and special use permit request, SP #95-05; (2) a Compre- hensive Plan Amendment will be required if this 14.5 acre parcel is to be rezoned. All fees related to processing the amendment will be borne by the petitioner; (3) the petitioner sha7.1 provide verification of approval of the storm water management plan from the Minnesota Department of Transportation and the Six Cities Watershed District; and (4) the petitioner shall be responsible for �he cost of the traffic improvements necessary to accommodate the traffic generated by the development incZuding signalization or other improvements as determined by Anoka County or MnDOT now or in the future. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. RESOLUTION NO. 46-1995 APPROVTNG PLAT, P.S. #95-02, HOME DFPOT FRIDLEY ADDITION (BY HOMP DEPOT USA. INC., TO REPLAT TR.ACT A, REGISTERED LAND SURVBY #130 INTO THREE SEPAR.ATE PARCELS. GENERALLY LOCATFD NORTH OF I-694 AND EAST OF EAST RIVER ROAD) lWARD 32) (TABLED JULY 10, 1995): Mayor Nee removed this item from the table. FRIDLEY CITY COUNCIL MEETING OF JtTLY 24 1995 PAGE 18 . Mr. Hickok, Planning Coordinator, stated that in response to Council's concerns, Home Depot has eliminated a lot from the original plat and a revision of the plat has been received. He stated that staff recommends approval of the plat with the stipula- tions as outlined. MOTION by Councilwoman Bolkcom to adopt Resolution No. 46-1995, with the following stipulations attached as Exhibit A: (1) approval of P.S. #95-02 shall require prior approval of ZOA #95-04; (2) the petitioner shall comply with all requirements of the Anoka County Engineering Department; (3) the petitioner shall provide proof of cross-parking agreements between the two independent parcels at the time of transfer. These agreements shall be recorded with the Anoka County Recorder's Office at the time the final plat is �iled; (4) the petitioner shall provide a utility agreement between the two parcels identifying the responsibility for repair, maintenance, and replacement. These agreements shall be recorded with the Anoka County Recorder�s Office at the time that the final plat is filed; (5) the petitioner shall provide a 15 foot bikeway/walkway easement adjacent to Main Street prior to recording the final plat; and (6) all standards for landscaping, irrigation, curbing, and parking lot striping shall apply to the land. No portion of the former lot shall be left in an undeveloped state. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 16. SPECIAL USE PERMIT REOUEST. SP #95-05, BY HOME DEPOT USA, INC., TO ALLOW GARDEN CENTERS OR NURSERIES WHICH REOUIRE OUTSIDE DISPLAY OR STORAGE OF MERCHANDISE AND PER SECTION 205.15.1.0 (7) OF THE FRIDLEY CITY CODE, TO ALLOW ESTABLISH- MENTS OF THE "DRIVE-IN" TYPE SELLING SERVING OR OFFERING GOODS OR SERVICES DIRECTLY TO CUSTOMERS EITHER WAITING IN PARKED MOTOR VEHICLES OR TO CUSTOMERS WHO RETURN TO THEIR VEHICLES TO CONSUME OR USE THE GOODS OR SERVICES WHILE ON THE PREMISES GENERALLY LOCATED NORTH OF I-694 AND EAST OF EAST RIVER ROAD (WARD 3) (TABLED JULY 10, 1995): Mayor Nee removed this item from the table. Mr. Hickok, Planning Coordinator, stated that this special use permit is requested for a garden center in conjunction with the Home Depot store. He stated that this is probably the largest garden center in the community and is a nice addition to Home Depot's building. He reviewed the stipulations attached to this special use permit request. MOTION by Councilwoman Bolkcom to grant Special Use Permit Reguest, SP #95-05, with the following stipulations: (1) approval of SP #95-05 shall be contingent upon prior approval of ZOA #95-04; (2) the architectural detail of the garden center shall be consistent with the architectural detail of the primary structure; (3) there shall be no outdoor sales of fertilizer, pesticides, or other FRIDLEY CITY COUNCIL MEETING OF JULY 24 1995 PAGE I9 potential pollutants; {4) there shall be no off-season storage within the garden center; (5) the developer shall provide suffi- cient on-si�e parking to accommodate garden center patron parking demands; and (6) there shall be no outdoor plant sales (outside of the confines of the garden center walls). Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 17. VARIANCE REQUEST, VAR #95-12, BY HOME DEPOT USA, INC., TO INCREASE THE MAXIMUM AREA OF A FREE-STANDING SIGN FROM 80 SQUARE FEET TO 160 SOUARE FEET; TO INCREAS� THE HEIGHT OF A FREE-STANDING SIGN FROM 25 FEET TO 40 FEET. GENERALLY LOCATED AT THE NORTHWEST CORNER OF I-694 AND MAIN STREET (WARD 3) (TABLED JULY 10, 1995): Mayor Nee removed this item from the table. Mr. Hickok, Planning Coordinator, stated that this is a variance request to increase the square footage of a free-standing sign from 80 square feet to 160 square feet to increase the height from 25 feet to 40 feet for Home Depot. Ms. Pam Abar, National Sign Contractor for Home Depot, stated that the height of 40 feet is the only point where they could obtain visibility of their sign from the freeway. She stated that the code only allows a height of 25 feet. She felt that this was different from other locations because the sign is on the inter- state rather than a City street. She stated that there is also the railroad overpass and the billboards to deal with. She felt that this situation was unique. Mr. Platt stated that Home Depot is working very hard with the property owner to have the billboards removed. MOTION by Councilwoman Bolkcom to deny Variance Request, VAR #95-12. Seconded by Councilwoman Jorgenson. MOTION by Councilman Schneider to divide the variance question regarding the size and the height of the sign. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Bolkcom to grant that portion of Variance Request, VAR #95-12, to increase the square footage of the sign from 80 square feet to 160 square feet. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared �he motion carried unanimously. MOTION by Councilwoman Bolkcom to deny that portion of Variance Request, VAR #95-12, to increase the height of a free-standing sign from 25 feet to 40 feet. Seconded by Councilwoman Jorgenson. FRIDLEY CITY COIINCIL MEETING OF JULY 24 1995 PAGfi 20 Councilman Billings stated that Home Depot had originally requested a height of 69 feet but they now have reduced it to 40 feet. He stated that he did not feel this request was unreasonable. He felt that there had to be different standards for signs on I-694 as opposed to those on City streets. Councilman Schneider stated that he could see some justification to go somewhat above the 25 feet. Mayor Nee stated that he would agree there is room for a different standard for signs on I-694. Councilwoman Bolkcom felt that someone could make the same argument for signs on University Avenue. UPON A ROLL CALL VOTE TAKEN ON THE ABOVE MOTION, Councilwoman Bolkcom and Councilwoman Jorgenson voted in favor of the motion. Mayor Nee, Councilman Billings, and Councilman Schneider voted against the motion. Mayor Nee declared the MOTION FAILED. MOTION by Councilwoman Bolkcom to grant that portion of Variance Request, VA.R #95-12, to increase the height of a free-standing sign from 25 feet to 40 feet including the stipulation that all bill- boards on the Home Depot�site shall be removed within a time-frame to be detennined by the City. Seconded by Councilman Schneider. MOTION by Councilman Billings to amend the above motion to grant that portion of Variance Request, VAR #95-12, to increase the height of a free-standing sign from 25 feet to 32 feet. Seconded by Councilman Schneider. Upon a voice vote taken on the above motion, Councilman Billings, Councilman Schneider, Mayor Nee, and Councilwoman Jorgenson voted in favor of the motion. Councilwoman Bolkcom voted against the motion. Mayor Nee declared the motion carried by a 4 to 1 vote. UPON A VOICE VOTE TAKEN ON THE MAiN MOTION, Councilman Billings, Councilma.n Schneider, Mayor Nee, and Councilwoman Jorgenson voted in favor of the motion. Councilwoman Bolkcom voted against the motion. Mayor Nee declared the motion carried by a 4 to 1 vote. NEW BUSINESS: 18. RESOLUTION N0. 47-1995 AUTHORIZING AGREEMENTS BETWEEN THE CITY OF FRIDLEY AND RECIPIENTS OF 1995-1996 FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS: Mr. Kurt Schneider, Planning Assistant, stated that the Human Resources Commission has submitted their recommendation for allocation of the CDBG funds. He stated that, unfortunately, a representative of the Human Resources Commission was not able to attend the meeting this evening. However, he would answer any questions from Councii. FRIDLEY CTTY COIINCIL MEETING OF JULY 24 1995 PAGE 21 MOTION by Councilman Schneider to adopt Resolution No. 47-1995. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 19. SPECIAL USE PERMIT REOUEST SP #95-06 BY ADE LEASING FOR JIFFY LUBE, TO ALLOW AN AUTOMOBILE SERVICE STATION AND MOTOR VEHICLE FUEL AND OIL DISPENSING SERVICE IN A C-2, GENERAL BUSINESS DISTRICT, GENERP,LLY LOCATED AT 7609 UNIVERSITY AVENUfi N.E. (WARD 1)- Mr. Hickok, Planning Coordinator, stated that this is a request for a special use permit to allow a service station and motor vehicle fuel and oil dispensing service at 7609 University Avenue. He stated that Jiffy Lube is interested in redevelopment of this site and constructing a new building to allow three service bays and a fourth bay for a car wash. Mr. Hickok stated that the Planning Commission felt it was neces- sary to have a small rolling berm to mitigate some of the impact on University Avenue from the overhead doors. Mr. Hickok stated that the Planning Commission recommended approval and staff concurs. He outlined the stipulations attached to this special use permit. Councilman Billings stated that the stipulations say that the Honey Locust trees are to be replaced with Norway Maple. He stated that there is a large tree in the northeast corner of this site which is a Honey Locust. He did not feel that this tree should be removed and replaced. Mr. Hickok stated that staff would not request that any mature tree be replaced. He stated that in order to make the drainage work it may require removal of everything on the site. Mr. John Anderson, t,he petitioner, stated that in reference to the berm, there was discussion at the Planning Commission meeting on a berm and ponding area. He stated that they are discussing this issue with MnDOT and have not accomplished anything to date. He stated that he has no problem with the berm in the front, but he cannot have the berm and ponding area as well. He stated that they will try and get the ponding, and as much of a berm as possible, in conjunction with the discussions at the Planning Commission meeting. Mr. Anderson stated that in regard to the stipulation regarding the storage of used oil outside, he thought this was mitigated as long as he was in compliance with the City Code requirement. He stated that the materials are stored inside in an approved storage tank in the basement. FRIDLEY CITY COIINCIL MEETING OF JIILY 24 1995 PAGE 22 MOTION by Councilman Billings to grant Special Use Permit, SP #95-06, with the following stipulations: (1) the following changes to the landscape plan are to made prior to the issuance of a buil- ding permit: 4 Black Hills Spruce shall be added along the north property line (Eastern Red Cedar are shrubs); replace all Honey Locust trees with Norway Maple. Relocate the three trees along Osborne Road to the University Avenue side of the parcel to help mitigate �he impact of four overhead doors facing a major thorough- fare; underground irrigation shall be installed; (2) ventilation will be required for the lower level of the structure; (3) the used oil storage tank shall be tested, certified, and shall meet speci- fications of the City's Chief Building Official and Fire Marshal; and (4) the petitioner shall comply with all Anoka County and St. Paul Waterworks stipulations and obtain all necessar�r permits prior to the issuance of a building permit. Further, the stipu- lation that no storage of used oil shall occur outside is eliminated. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 20. RECEIVE BIDS AND AWARD CONTRACT FOR 1995 SEALCOAT PROJECT NO. ST. 1995-10: Mr. Flora, Public Works Director, stated that the 1995 sealcoat program was separated into two portions, one of approximately 60,000 square yards, to be completed this year and the remainder to be added to the 1996 sealcoat program. He reported that two bids were received for the 1995 adjusted sealcoat project. He stated that ASTECH Corporation was the low bidder in the amount of �50,556.26, and it is recommended that Council award the contract to them. MOTION by Councilwoman Jorgenson to receive the following bids for the 1995 Sealcoat Project No. ST. 1995-10: Bidder Total Bid ASTECH P. O. Box 1025 St. Cloud, MN 56302 $50,556.26 Allied Blacktop 10503 89th Avenue Maple Grove, MN 55369 $54,979.06 Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Jorgenson to award the contract for the 1995 Sealcoat Project No. ST. 1995-10 to the low bidder, ASTECH Corporation in the amount of $50,556.26. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF JULY 24 1995 PAGE 23 2. APPROVE SERVICE CONTRACT BETWEEN THE ANOKA COUNTY COMMUNITY ACTION PROGRAM INC AND THE CITY OF FRIDLEY FOR JOINT ADMINISTRATION OF THE HOME IMPROVEMENT GRANT PROGRAM: MOTION by Councilman Billings to approve the service contract between the Anoka County Community Action Program, Inc. and the City for joint administration of the Home Improvement Grant Program. Seconded by Councilwoman Jorgenson. Upon a voice vote, Councilman Billings, Councilwoman Jorgenson, Councilman Schneider, and Councilwoman Bolkcom voted in favor of the motion. Mayor Nee abstained from voting on the motion. Mayor Nee declared the motion carried. 4. APPROVE AGREEMENT FOR THE CURBSIDE COLLECTION OF TRPE BRANCHES AND BRUSH BETWEEN THE CITY OF FRIDLEY AND CERES ENVIRONMENTAL : Mr. Steve Gorecki, Project Manager for Outside Services, Inc. of Anoka, stated that they recently submitted a bid to the City regarding curbside pickup of branches and brush. He stated that he had some problems with the proposal prior to bidding and talked to Lisa Campbell, Planning Assistant/Recycling Coordinator. Mr. Gorecki stated that he did submit a bid and explained to Ms. Campbell some of the problems he had with this proposal. He stated that the bid was ambiguous, as it asked for hourly rates for dif- ferent pieces of equipment. He stated that it did not specify certain cubic yards. He stated that the hourly rate for a 40 yard t.ruck, and a 20 yard truck would be different. Mr. Gorecki. stated that the award of the bid was based on the lowest hourly rates, and he felt it was detrimental to the City because it will be difficult to monitor. He stated that there is no incentive for a contractor to be efficient because the City is pena�izing them if they have larger trucks. He stated that the bottom line is the cost per yard and not the hourly rate. Ms. Dacy, Community Development Director, stated that she appreci- ated Mr. Gorecki's opinions. She stated that this is the first time the City is involved in this process. She stated that the City has a time frame in which to accomplish the pickup over a one week period. Ms. Dacy stated it is anticipated that there will be a very high volume of brush, and there will be a monitoring process where the size of the loads will be checked. She stated that the Clean-Up Committee spent a number of hours evaluating different options to minimize the costs. She stated that the final issue is eventually the City has to dispose of the brush, and there is a cost associated with this disposal. She stated that the recom- mended contractor does specialize in wood waste processing which may explain the differences in the hourly rates. She stated that the City needs to be sure there is an adequate amount of vehicles, and this needs to be monitored on a daily basis. FRIDLEY CITY COUNCIL MEETING OF JULY 24 1995 PAGE 24 Councilman Schneider stated that Mr. Gorecki's point is that it is in the interest of the contractor to stretch out the contract if they are paid on an hourly basis. Ms. Dacy stated that there is a time frame. On September 9 and 10, people will be placing brush at the curb and the amount of volume can be estimated at that time. She stated that it is not the intent to extend the contract for weeks. Mr. Gregg Herrick, Assistant City Attorney, stated that there is a requirement in the contract when this should be completed. He stated that the pickup will be monitored. If this operator was not efficient it would be grounds to cancel the contract. MOTION by Councilwoman Bolkcom to approve the agreement for the curbside collection of tree branChes and brush between the City and Ceres Environmental. Seconded by Councilman Billings. Councilman Schneider asked if there is an escape clause so the City did not end up with an open-ended contract for several months. He stated that he cannot find anything that concludes the contract. Ms. Dacy stated that some language may need to be added about satisfactory completion. MOTION by Councilwoman Bolkcom to table this item and refer it back to staff. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Gorecki stated that ninety percent of brush pickup programs are by yardage. He stated that there is no incentive for the contrac- tor to produce if they are working on an hourly rate. 21. INFORMAL STATUS REPORTS: Mr. Burns, Cit� Manager, stated that he would like Council to view a short video on the City's information line. Councilwoman Bolkcom questioned if this information line could be accessed by those who have a rotary phone. She stated that if it cannot, it should probably be stated that this service does not work with a rotary phone. � ADJOURNMENT: MOTION by Councilwoman Jorgenson to adjourn the meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimousl�r and the Regular Meeting of the Fridley City Council of July 24, 1995 adjourned at 12:48 a.m. Respectfully submitted, Carole Haddad William J. Nee Secretary to the City Council Mayor ;t;rti;�,�,:'!ti��;rN;.RKn;c ,.,....... , _ � Community Development Department PLAl�TNING DIVISION City of Fridley � - DATE: August 11, 1995 TO: William W. Burns, City Manager ��i � FROM: SUBJECT: Barbara Dacy, Community Development Director Scott J. Hickok, Planning Coordinator Second Reading of an Ordinance Approving a Rezoning Request, ZOA #95-04, by Home Depot USA; 5650 Main Street _ The City Council approved the first reading of the attached ordinance at its July 24, 1995 meeting. The petitioner has completed a land alteration permit application and has submitted that agplication for staff review. The petitioner has agreed to comply with the stipulations of the various land use approvals. Also, the petitioner has applied for a building �ermit to construct the 103,000 s.f. Home Depot Store and 28,000 s.f. garden center. OIIE3TION8 REMAINING FROM THE PREVIOQS MEETING: Question: Can we initiate the, "I-694/University Avenue Weaving Improvement Study"? Answer: Yes, the petitioner has agreed to This study has been initiated and has been prepared by the traffic submitted for your review. fund the study. a draft scope consultant and The City of Fridley will be the traffic consultant's client and will work closely with the both the traffic consultant and the Minnesota Department of Transportation. Question: Do we include a requirement that the traffic signals at 57th Avenue N.E. and Main Street be installed as part of the development of the Home Depot site? Answer: Yes, the developer has agreed to pay the full cost of a signal at this intersection. Staff anticipates full County support of this signalization. 1.01 Home Depot, August 11, Page 2 Question: ZOA #95-04 1995 Do we include a requirement that turn lane improvements be made to 57th Avenue N.E.? Answer: Staff is analyzing this issue to determine whether improvements can be �ad� within the �xisting 57th Avenue right-of-way. Any required improvement as a result of this analysis will be coordinated with the Anoka County Staff. The developer has agreed to pay the full cost of required improvements. These improvements are secondary, however, to any improvements on University Avenue. Question: Who will fund the cost of improvements determined to be necessary as a result of the I- 694/University Avenue Study? Answer: Stipulation #14 of the rezoning approval requires that: "The petitioner be responsible for the cost of the traffic improvements necessary to accommodate the traffic generated by the development, including: signalization or other traffic improvements as determined by Anoka County or MnDOT now or in the future". The developer is required to pay for all improvements. Any change to this stipulation must be approved by the City Council. Question: What impact could the Metropolitan Council's decision have on this project? Answer: Staff did submit the additional information requested by the Metropolitan Council Staff. At this time, it appears that, if the City of Fridiey agrees to add language to its Comprehensive Plan echoing the non-point source pollution language we have already adopted (by ordinance), the Metropolitan Council may waive the 90-day review period for Home Depot and allow the project to proceed without delay. Staff intends to respond to the Metropolitan Council that this non-point source pollution amendment will accompany the City's Water Conservation and Emergency Plan that is required (by law) to be submitted to the Metropolitan Counc'il before January 1, 1996. With this response, staff believes the Metropolitan Council will allow the Home Depot amendment to be approved 1.02 Home Depot, ZOA #95-04 August il, 1995 Page 3 and Home Depot construction could commence without delay. RECOMMENDED ACTION: � - - Staff recommends that the City Council approve the second reading of the ordinance approving rezoning request, ZOA #95-04, and order its publication. SH/ M-95-452 '` 1.03 - � _ _ r Kr.�: ORDINANCE NO. ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MARING A CHANGE IN ZONING DISTRICTS The Council of the City of Fridley does ordain as follows: .,, _ _ SECTION l. SECTION 2. Appendix D of the City Code of Fridley is amended as hereinafter indicated. Be and is hereby rezoned subject to stipulations adopted at the City Council meeting of The tract or area within the County of Anoka and the City of Fridley and described as: Tract A, Registered Land Survey #130, generally located north of I-694 and east of East River Road on Main Street. Is hereby designated to be in the Zoned District C-3 (General Shopping Center). SECTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or area to be rezoned from Zoned District C-2 (General Business) and M-2 (Heavy Industrial) to C-3 (General Shopping Center). PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1995. ATTEST: WILLIAM J. NEE - MAYOR WILLIAM A. CHAMPA - CITY CLERK Public Hearing: First Reading: Second Reading: Publication: June 12, 1995 July 24, 1995 1.04 � EXHIBIT A 1. A Comprehensive Plan Amendment will be required if this 14.5 acre parcel is to be rezoned. All fees related to processing the amendment will be born by the petitioner. 2. The materials of the landscape plan shall be reviewed and approved by staff prior to installation. .,, - - 3. The banding and color scheme shall be consistent on all building faces. 4. Customer information/directional signage and striping will be required in accordance with the Home Depot Site Plari dated April 27, 1995. 5. A request for three variances would be required to be processed, and a decision of the Fridley City Council rendered prior to fabrication and installation of a sign larger than 80 s.f. 6. The petitioner shall provide verification of approval of the storm water management plan from The Minnesota Department of Transportation and the Six Cities Watershed District. 7. Calculations must be provided and drainage modifications must be completed on the plan prior to the May 3, 1995, Planning Commission Meeting. 8. A drainage easement must be acquired by the petitioner to allow excess run-off to drain on the property to the west. 9. All pond slopes shall be designed with a minimum 3:1 interior slope in accordance with the grading and drainage plans dated April 27, 1995. 10. Pond capacity calculations shall be provided prior to the May 3, 1995, Planning Commission Meeting. (These have been submitted as requested) 11. The petitioner shall comply with all requirements of the Anoka County Engineering Department. 12. A semi-traffic circulation plan shall be indicated on the site plan with the modified access location as required by the Anoka County Traffic Engineering Department. 13. The large commercial vehicle circulation route shall be clearly marked through the use of informational signs once the site develops. 14. The Petitioner shall be responsible for the cost of the traffic improvements necessary to accommodate the traffic ' 1.05 .. Exhibit A, ZOA #95-04 PAGE 2 generated by the development including signalization of other improvements as determined by Anoka County or MnDot now or in the future. 15. All Home Depot deliveries (to and from the store) shall onlv utilize the delivery route of 57th Avenue N.E. to University Avenue. r - - � 1.06 612 332 6180 tig;•iini9� 15:13 F:i� �72 33� 619f.� B9RT0\-:�SCHrI�N C�pp?; pp7 August 9, 1995 Mr. Scott Hickok Planning Caardiaa#Qr City af �'ridley .� Subject: I-694/[Jniversity Avenue Interchange Study I3rafi Wadc I'roBtam Dcar 5cott: �I Jjl3�'�T f ��' �.�� (k . �i t:� � _ ...� f.. .�'�.� ! 1-� �.� � ,: � �:��,�_, ��.� s ��=;� F� i:�� r As vve discussed ai#ac�eci is a draft waadc grogram for tile I-694/Univcrsity Avaw� Interohange Study. The goaI of the study will �velap and rec�d an improvane,�t plaa f� the Univeas�.y Avenue interchaa,ge area in coopcxa�t a+i� Mn/DOT. The study would then be sabnnitteci to Mn/DOT for review nf potential fimding sout�ces. If fi�ndiug sottnces are identifie� the improv�me,nt plan C�ld be programmed for further gaome�ic develo�me,�t Tl�e mi6si steps in the Mn/DOT �ighwaY Project Develop�ent Process(FIl}DP) include tt� prcparatic�te of appropriate environmental docnmentatiae� m�d dtwcl�t of a Mn/DOT staff approved layout. This wauld be folldwed by final dcsig�t, ftmding allocation and constzuction. As indicated i� ti�e wa�c progratn � have estimsted t�e cast of this study at T 16,704. This cost assumcs that appropriate base mapping will rnxd to bo obtained through a private vendar. Yf the city has acccss to aPPrapriate base maPPin�(2'�-100' aeriat pbotographY) vu� cstiinate the cost of t�e stvdy tivould be reduccd by $250. After giving it more thaught, wc fccl it is pro6ably inappcopriate to include a traffic catming techniqu� discussion in the Univcxsity Avemu interchaage study given that one af �e major goals of thc intcrchange improvement pZan will be ta improve flow alaag Univezsity Aveuue which w�71 dc�casc th� po�tial far through higs using neighbdrhood str�ets. If you are interested, we would be happy to campile thc infom�atiom tha# we have on traffic calming and send it to you for fuha•c rcference as naghborhood traffic issues are discussed in Fridley. Sincerely, Brent C. Rusco Senior Assaciate 1.07 61� �32 6180 ��g: ��pin5 15: 19 F3T 61� 33� 61�i� B�RTi►�-�SCHri.3i� ' DRAFT WORK PROGRAM CYT'Y" OF �'I�bLE'Y', MT�VNESOTA � I-694/ TH 47 (L7NIVER5ITY AVENUE) �NTERC�A.�IGE STUDY INTRODUCTION/ PROJECT UNDERSTANDINCr �UO3%t)07 '- wi o� �",r r� i��:. r, . x,�. 4r� t^�� rt��•. � �x; Fi � J -: .,� : �. L ;.. F'+ ,6�;�,�: 1i 7 '� q � , .� �� ' `!n 1C� bP� j� r� k �'r +„�C- w•S i}*, � 'r$ „�; During the review process �or the proposed Home Depot c�velo,pment it was determined by t1�e-City of Fridl�y that a study shauld be canducted to address an cxisting operational deficiency for the I 6941[Jniversity Avenue inter�hange area. This operational deficiency involves the I-694 off�amp right tum mov�eme�t destined far 57th Avarue west of TJniversity Avenwe. '�hcsc vebicles must weav� acxnss the n�orthbound Univeasity Avenue through iraffic lanes in arder to access the double le$ tiun lanes to 57th Avemie westbound. VeLicle q� in the Univcrsily Avcnu¢ doublc lc8 turu lanrs and tb� �ao�thbouad through lancs oftcn cxtcnd badc beyand tl�e westbaund aff ramp right-t�un en�nce poirn to University Ave�rnae whioh mskes t� wesve mancuvp' diff calt� Be�au.se the proposed Home ��pat wonld add to but not c�reate the ope:rational deficien�y and thst the developmeat tiunc f�amc eou�ld not accoimnodate a schadale that would vaclude the impler�cnta�tian a£ impravements to the I-694 off-raznp, it has t�een d�termined that the developea should fiuid a traffic operatiar�,s study of thc i�►tcrc�az►gc arca. Further cac�ideration of the cante�t of the t�raffCC study indicates that a full study af the i�terchange should be undertaken in caoperation with Mn/DOT. This stady w71 include the concegtual development of an ultimate improvement plan for the entu�e interchange area for the Iong term as well as development of a short ter�n impro�vc�nent plan to mitigate thc ck�icient wear►e maver�t�t d�csaxbed abave. �t is important to wadertake a full interchange study fa� two reasons: to ensnre contimiixy between short term �nd long term plans xesulti�g �i�n the most efficie�nt use of pub�ic fut�ds; antl to easure that naitigation of the exisking weave deficiency does nat advea'sely impaet ot�her operations in the study area . The lang te�m plan shauld optimize traffic flovv along the ITniversity A�venue corridor �crithaut compromising I-694 trafiic operations. Ztnproving Univcrsity AveRnu tra�c flaw should dccrease thc patcntial for fihrough traffic using residential streets as was a concern in the �%me T�epot Traf�c Study reyicw_ Tho City has irtdicatcd the dcsirc ta camplexc this study within a two manth timc framc. Wc fccl ihis schcdu�le is attainable froni the date of �tice to proceed. The work pro�ram is gr�sented belaw separated inta 9 majar t3sk areas fallawed by an estimate of the cast of the study. TASK I.0 REV1EVi� PREVIOUS STUDIES Barton Aschman has already reviewed �e Northeast c�orridor EIS study involving recommendations fcu improvemer�ts in the I-694JU�vcrsity Ar+eenu�e interchange arca. This study rceomcncads capacity improvements to the i-694 ramp legs to mitigate tl� impact of Y.R�' implementation. W e will review the anaiysis and recommendations in Wis sU�cty as a starting point to deveZopi�g a c7amprd�ensive anatysis o�the study ar�a. We will t�iso teview the Itaffc study for the propos�d Lala� Pointe Carporate Ce�ter to be iocated na�rthwest of the Y-6941Central Avenue interchaage with i+espect tp �affic vplwn�c impa�ts on the University AvenuG intcrchanp,�e study arca, � 1.08 � 617 332 6180 (►,y:c�9•�95 17:20 FA?i til� 132 6180 s�RTO1v-asrxai.� �OU4%f�07 TASK Z.0 DATA COLLECTI�N E. cisting rnorning and evening peal: period traffic voiume co�mts will be conducted at the I 694 ramp tcrrninal intersectians to supplement the volume data at tl� inursoctions of University Avenue at 57th Avenue NE and 53rd Avenue NE colIcctcd as part of thc Hame Depot Traffic Study. Uata col2ection wi� also indudc can�ucting wEave maneaw�r vol�e caunts and vehicle queue observations �t the follou+ing lpcations: I 694 westbound offaramp to S7th Avea� NE wcstbottnd I-694 eastbound off-ra�mp ta 53rd AvwuelJE eastbound Because of the recent caunt prograra caucluct�ed in the �res fac t�e Ha�e Depot Study the pealang clxaractcristics ai the stady area roadway netwa�k is airea�y lmawa. Tl�c �affic volumc crnmt effort can therefore be limited to twa hours ciuring the mvming p�ak and t�ovo h�us during the e�rening peak instead of tfle three l�aur peak period counts which is typical fa peak pe�iod data collectioa It is nat anticipated that additiana124 hour roadway tube coau� are needed fo� this study: Adequate dailY voliune information is ava�ble fi�n the �iarie �kpot Traffic 5�dy Tr�ffic si�at plans will be abtained f� cach of tbe �tr ca�st�g signais within �e study srea inc�uding info�snatioa oa the intercanntction rdationslup be�een signals. Availahle ac�ident recards wilt be collected far the shtdy a�+ca to ideati£y any existing safexy prablems ia the study area. itesearch wi11 be oonduc�ed to deternnine tl�e b�t ava�7able ba�e mapping fa� ti�e study ana. This base mapPing will be used to devcbp a c�wcpnwi layout a�the p�red alternative. If appr+opriate base maPA�g is not avsaable we will arder appropriat,e base mapping f�+vm a private vendor. Wc have separated the potential cost of this base mapping as a separate itan in the cast estimate for t�e study. TASK 3.0 TR.A Fk'�C VOLUME DEVELOPIu�NT -Existing Conditions Existing morning and cvc�aing peak hanr t�uning movemeuts will be ci�veloped �ar the I-694 ramp tr�minal intersectians with Y.J`nivc�sily Aveuuc to supplctl�t the �c vd�es already developed for the ather two study arsa intersections as part of t� Home Depot Traffic Study(IJuivacsity Avenuc at 57th Avem�e NE and 53rd Avenue NE). -Proposed Develapment Traffic TTze exgec.-ted �-affic volumes f:or the praposed I�ane Dcpot at�d the proposed Lake Paintc C�porate Ce�nt,er will be added to tho existing stady �a traffic voltu�s to aaive at 1995 post developme�nt oonditions. (Most of tlus work has been cc,mpleted for the Ha�e �kp� traffic volu�es.) -lksign Year Traffic Volumes Barton-Aschman will wo�k with 1v1n/DOT in de�amining an appt�q�riate dcsign ycat for developing the I 694/CTniversity Avemie improvenaent pian and ao appmpri�e g�owth facta�' to be applied to die existing. traf�ic vol�us to arrivc at desiga year�peak haa traffic £arccasts. �;; �r1.09 61 "� 332 6180 (�B•�Ug• g� l�: Zi� FaI 61� 33? til8ti B�1RTi1�-�SCH�ia� [�7]i)OS; iii); TASK 4.0 OPERATIONAr.lSAFETY AN.A.LXSIS Traffic operations analyses will be conducted for each of the four study ares intersections based on e.xisting as well as design year trati'ic volume coztditions. This anatysis will include two types: Highway Capaciiy Manua1 signalized intersectioz� analysis Ca deteimine the operating levels at individual intecsections. I�ehvorlc Simulstion anaiysis to detern�ine the overall quality of trafiic flow alang University Avenue through the study area_ This analysis will show the effects vf the weave maneuvers from thc o'ff- ramgs on study area �c op�rations and show the quality of through traffic progressian thravg3� the signaIs alr,ng University Avenue. In additian, accident recards will be reviewed to detern►ine if any safety deficiencies exist within the study azes. TASIC SA D�'VEL.ClP1VIENT O� AL�'ERNATNES Based on the operational atad safcty analyses greliminary coaceptual �ttexuat�v�s wiI] be dev�Ioped fvr the trniversity Avcnue intenchange area_ These atternatives will bc dcvclaped ta fall within ti�e foltowing two ta�ajor categories: LONG TERM� These altematives will address operatiaual improvements for the entire interchange area and wi11 accumnaodate tra�c forecasts thron� the d�sign y�: The lang team improvcmcnt plan is in�ded as the ultimate improv�t for th� I-694/Utuversity Avenue inte�r+�hange area. One af the vbjectives o�ttus �lan sh�ld be to optimize �a�6.c flow along the University Ar►atuc corridar witlaout compramising I-694 traffic aperatioas. Improving University Avenue �affic flaw would decrease the potential fpr tluough traffje using residentisl st�eets. SHORT TERM- These alternatives are iu�tcndcd tv midgate the e�sting weave deficiency for the I- 6g4 westbound off ramp m,ovement to 57th Avenue NE westbound without adversely impacting operations for other tr�"ic mo'vcmarts iu the study azea. In addition it wot�d be highay dc�ssirabk far the shott tcrm unprovemenLs to be com�ratible with tht long tctm imgravemeut plan from a continuity and �se of fimds standpoint. Developm�ent af the short term uzaproveme.nts will include but not be limited to ttae concepts discussed as part of the City Council review af the Home Dcpot Dev�Iopmeni_ TASK 6.Q ALTE�ZTIATTVE5 ANAZ.XSIS • A set of cvaluation criteria will be develaped in oxdet'x to pro�vide a relative comparison of the prelimir►ary interchange improv�tnent alterna�iv�s. These criteria will tikely include tra�c operat'tons, cost, land use impacts and aihers which will develop as the study e�volvcs. It is ant�cipated that the City af Fridley and Mn/�]pT r�vill bc utvolved in development and appraval of the evaluation criteria as well as thc connparative evaluation of alternatives, The gt�al of thC cvaJuation process will be to select a pre%rrcd aiternarive for detailed analysis. The operational bencfits of the preferred altemative(s) wili 6e assesscd using appropriate operational analysis tcchniques. This is likely to i�lnde thc mcthodalogies discussed in Task 3_0-- signalizcd intcrsection analysis and nettwork simulatian. 1.10 612 �32 6180 i)8:'Gg!g� 1.5:�1 F�11 61� 332 618f� B9RTU\-A.SCH3I3� �Ui►6•'i�(�7 Bascd on lhe operational analysis, a preferrcd short tam and lang term improvement plan will be recommended for the University Avenue intercl�ange. A conceptuat improvement plan will be developed for these greferred improvement plans using Mn/DOT design criteria. TASYC.7.0 MEETINCrS Barton-Aschman will mect with �e fiaty o�Frialicy and Mn/DOT daring the study proc�ss ta discuss interchange impravement concepts �d analysis results. We autiapate that at least tv��► meetings would be desuable involving Mn/,DQT. One mcetisig wauld bc hc�d during the early s�ages af the study to obtain ingut from Mn/DOT and to refine the study scope. A seco�►d m�eeting would be held during the alternative �valuation process ta discuss seledion of a prafi�red altana�ve. Bartou-Aschman will also be svailable for up to two City Councill�lanning Commission meetings to discuss the �indings of the study. TA5K $_0 DQC�JN�NTATI�N A repart will be developed fa� submission to Mn/DOT. This report will include documantation af tl�e deveIopment, evaluation and r�dabions �ding an I-6941 Urrir►crsity Tntcrchange improvement plaa The report w�l alst� include conoeptual iayouts of tipe recommended sh�ort term and long tesm unpmvemeat plans. COST �STIMATE It is estitn�ted thst thc cost of this stuc�y will be $16,740. This cost assumes that aPPropriate l�ase maPP�g will n�d to be obtained throu� a private ve�nda�c If the city has aeccss to aPpre�matc base mappittg{ 1"=10U' aeriai phatography) we �stirnafie thc cost of thc cost of the study will be reduced by $250 to a total of $16,45p. 1.11 61� J32 6180 ii�,�[rg:•g5 li:�l Fal 61� �32 (i15(► B�1RT0�-�S<_`Hlf�\ f�]0�77i1if�7 COST.XLS C@TY �F FRlOLEY I-6941UNIVERSITY AVENUE INTERCHANGE DESIGN TASK CLASSI�ICATION PA SA A T C 7.0 Review Studies 4 Z.d Data Coilection 8 18 3.0 Trafiic Vol. Dev. �xig�ing canditions 4 proposed dev. trafific 4 design year vo1s. 2 24 4.Q Qqer�tions/safety operationaS anaf Z 8 accident �natysis 4 net-sym 4 24 5.0 DeveJop alts 2 $ 24 G.0 Alt. analysis evaluate 2 4 24 � oper. analysis 2 $ �et-sym 4 24 alt. refinement 4 7 B 7.Q meetines 8 9 6 7 6 � 8.0 ReportlTe�h memos 4 $ 32 24 24 CaoordinationtSupenrision 8 16 8 TOTQL 24 fifi 2�0 58 24 RATE S38.Ob $26.53 520.'19 � 18.46 S 1 Z.50 TOTAL LA@QR $972 $7,75i 54,442 $1,071 $340 $8,475 OVERH�AQi'1.681 $14,239 NE? FEE{i2%l 57,709 SUSTQTAL $ � �,g¢7 direct expenses �SQQ SIJBTQTAL $ � �,447' BASE MAl�PtNG �250 TaTA4 $'[ G.697 1.12 Pags � F ' `'�"' 2 j�� ; � ' 1 � J'J L r�,��.:�r�or r��tr�� i��.E. . e*`e�N�°rq r� ,� July 24, 199_S TEL=h1�-5�2-1��<3 Tu 1 =�� _aS Minnesota Department of Transportation Metropolitan Division Waters Edge �uilding 1 SQO West Cour�ty Road B2 R�seville, Mienesota 55113 - Scnit Hickok Planning Coordinator City of Fridley 64:� 1 LTniversity Avenue NF Fridley MN S_5432-�3$3 Deu Mr. Hickak: 1� .:1F� h�o . UC�� F . �=�� 582-139� This letter is to confirm our conversati�n ttlis afternoon regarding the Homc I3epot. development that impacts lhe intersectian Uf TH 47/University Avenue with TH fi94 and 57ih j.�_._..�.�,.�..r...�Aven��,�-:V1t�-agree-a�t�affie-s�e�d�=should-�e�ione tvassess-°tha-im�cts��fthc-�trxf�c`�`�`....'�'."�'�."'"°...`�`�".°- ; ;eneratec� by lhe development c�n TH 47, and we would use the study to esaminc alternative ' designs far tl�e two intersections. . .. . __.,. 't'his study should inclucte sta�idard traFfic engineering eleinents such as intersection turning movement conflicts, arterial signal progression an the mainline and potential for hackups on khe freeway ramps. The shidy shoulci be coc�rdinated with Bob Vasek, Metro Division Traftic Studies Engineer. Bob can be reached at our Oakdale office at 779-5195. I hope this hclps to answer some c�f your questions and Pi�ase call if' I can bc of furklier assistance. Sincerely, ,� l� � � �cutt McBride, P.�. Division Planning Engineer c: Bab Vasek 1.13 A�� Eqecul Uppvrtunity Empinyer � _ � DATE: TO: Community Development Department PLANNING DIVISION City of Fridley August 8, 1995 , William W. Burns, City Manager�� ,��;� FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Lisa Campbe��lanning Assoc;ate SUBJECT: Council Action: Consideration of Tree Brush and Branch Removal Agreement for Fridley City-Wide Clean-Up Week, 1995 At the July 24th Council meeting, Council, after lengthy discussion, tabled the Agreement for Tree Brush and Branch Removal. Council action to table the Agreement was based on two concerns: Is an hourly rate rather than a cubic yard rate the best way to proceed on this contract? 2. The Agreement itself did not provide adequate protection for the City against possible abuse by the Contractor. This memorandum will address both concerns. A revised Agreement is also attached for your consideration and approval. Hourl,y Versus Cubic Yard: Prior to the July 24th Council meeting, staff researched the option of charging per cubic yard. This reseazch included inquiries to other cities and the proposed contractor, Ceres Environmental. Staff found that it is common practice for cities to contract, per hour for equipment units, to complete tree branch and brush removal. Under the hourly contract, the contractor is, however, closely monitored. Typically, the Contractor reports directly to City staff at the job site. When the job is completed, City staff reviews the work and signs off on the job. City staff records the number of hours that the job took to complete. 2.0 � Council Action: Consideration of Tree Branch and Brush Agreement August 8, 1995 Page 2 If this Agreement is approved, Fridley staff will be undertaking a similar monitoring practice. City staff will ride along when the Contractor completes its pre-collection canvassing of the City. The purpose of this canvassing will be to deternune the volume of material that has been set out and the related equipment needs based on the most efficient collection and hauling practices. The Contractor will be required to report to a centralized location each time a truck enters or departs from the City. Staff intends to use staff volunteers to verify equipment numbers, and assure that the equipment is loaded in accordance with the most efficient collection and hauling practices determined through the canvassing process. Regarding the utility of a cubic yard charge, this approach is as wlernable to Contractor abuse as an hourly rate. Under a cubic yard rate, a Contractor who wishes to abuse this method will lightly load or "fluff' their trucks. As the truck passes the City's checkpoint, it will appeaz to be full when it is not. Unless the City's personnel uses the side ladders to climb up onto the truck box, and he or she looks into the truck box, they will not be able to determine if the truck is actual�y full. Also, the relationship to cost is the same under either the hourly or cubic yard approach. As volume increases, cost will increase. To mitigate some of the increased costs associated with an increase in volume, Ceres Environmental has of�ered to replace three - 30 cubic yard trucks with one - 100 cubic yard walking floor truck. If volume is high, this replacement of equipment could result in a cost reduction of $45.00 per hour for that unit of equipment. The decision to use replacement units will be made after the pre-collection canvassing, noted earlier. Staff also asked Ceres Environmental to respond in writing to the Council's concern regarding the cubic yard versus hourly rate. Their response is attached for Council review. A¢reement Revisions: Since the July 24th meeting, staffhas worked closely with City Attorney, Gregg Herrick, to revise the Agreement. Five clauses have been added, and others have been revised. A� of the changes are intended to provide for closure to the Agreement no later than September 20, 1995. The addition of a contract termination clause will allow the City to cancel the contract if staff determines that the Contractor is not making adequate progress toward completion of the project. The proposed Contractor has reviewed and concurs with all of the changes and revisions. The added clauses include: 10. Geographical Areas: The City, for the purpose of this contract, is divided into six geographical areas which are defined in Exhibit A 11. Monitorin�: The Contractor shall cooperate with the City's monitoring requirements. These monitoring requirements include, but are not limited to: 2.02 Council Action: Consideration of Tree Branch and Brush Agreement August 8, 1995 Page 3 allowing City staff to ride along during the Contractor's pre-collection canvassing of the City; the Contractor shall check each piece of equipment in and out of the City at a centralized monitoring location each time the unit enters or departs from the City; and the contractor shall notify City staf�immediately upon compietion of a geographical area as defined in Exhibit A. 13. Misses: A miss is defined as a report by a resident that their tree branches and brush were out at the curbside by 7 a.m. on September 1 l, 1995, and this address is not recorded on the Daily Conveyance Form, as having unacceptable material, for the geographical area completed by the Contractor on the previous day. The Contractor shait return to pick up missed collections within the same geographical area on the next business day after that area has been designated complete by the Contractor and the City, and before 3 p.m. on September 2Q, 1995. 15. Completion: The project will be complete when the Contractor has collected all acceptable material in all designated areas within the City where the acceptabie � material is set out by September l 1, 1995. Contractor shall notify Lisa Campbell or an individua] appointed by her promptly upon the completion of each geographical area. A geographical area will not be deemed complete until verified .,�.P,,•••-�.ia.r.feaywr�.al+eswvtw�tt„cN'aa-a� � - • � C"•i� �iP,�SOflI2C��0�•Y0�E3itt .f'�T-}tlS�CtOF$:�•°a••••:•sks.-�..•,�T.da��.e.�s..�r.�.�r.+..ann...aar•..:a+..�r.+r+��«we�.r:ryr.+:w.aa� •� �... -. -, ��..a a�.22.- �. � Contract��'eFmination:- If the City.in its sole.discretion deternunes that the,�.. �.._..�� r�.�. __..�:.�.... Contractor is not making adequate progress on completion of the contract, the contract shall be cancelled, upon written notice delivered to the Contractor's office at 2504 W. County Road B, St. Paul, Minnesota. Said notice shall be effective immediately upon delivery to the Contractor's personnel, or upon posting at the Contractor's office if no personnel are present. Revised sections include: 16. Incentives: City-Wide Coltection Compteted By 11:00 a.m. on September 15, 1995 5% of contract value will be added to the contractor's finat payment. Failure to Complete Collection by 3:00 p.m. on September 15, 1995 Will result in 10% of contract value being deducted from the Contractor's final payment. An additional 10% of the contract value will be deducted for each subsequent day after the 15th of September that the Contractor fails to complete collection. 2.03 Council Action: Consideration of Tree Branch and Brush Agreement August 8, 1995 Page 4 - If the Contractor has not completed collection by September 20, 1995, the performance bond will be cashed, and the City will pursue other means or vendors to complete collection within the City. StaffRecommendation: The revised Agreement is attached for your consideration and approval. The City Attorney has reviewed this Agreement. Staff recommends that Council authorize the Mayor and the City Manager to execute the Agreement for Tree Brush and Branch Removal for Fridley Pride City- Wide Clean-Up Week. LC:da M-95-440 �a.o-.....,-., r.�:a-a.:..,.... -,-.�<...9.-::.--.,,,.:ars-+�•u ..�.�...,..,... ,:.....:..:.<..r ,:_...,.,,..+.,N. ..«�;.......�.....�..... _� �:�,.a,._r<..,..,,►:;,.,-.. _. ...a�_ .-...�r-«...r..<...:-.,�.,.�.� �• e.. �. . ..,..ra.:,,. �w<-.+.«5+--�.,.�-+.w-�,=�..�ur.�..,�..z.�. a�c:.1...- 2.�4 AGREEMENT FOR CURBSIDE COLLECTION OF TREE BRANCHES AND BRIISH TO ALL RE3IDENTIAL AND MIILTI-IINIT HOQSEHOLD3 THIS AGREEMENT IS MADE ON , DAY OF , 1995, BETWEEN THE CITY OF FRIDLEY (CITY) AND CERES ENVIRONMENTAL, ST, PAUL, MINNESOTA (CONTRACTOR) WHEREAS, the Contractor is in the business of collecting and processing TREE BRANCHES AND BRUSH. WHEREAS, the City desires the contractor to collect tree branches and brush from the curbside throughout the City's municipal limits in accordance with the terms of this Agreement. NOW THEREFORE, the parties, intending to be legally bound, agree as follows: 1. Contractor Service Rp,�iirements: The Contractor agrees to provide CURBSIDE COLLECTION OF TREE BRANCHES AND BRUSH. Tree Branches and Brush Include: Tree branches no greater .,�:.....�,.��..�,.......,.�., than.�la..�e�t�,.=a.n.�.�eng�h,...and..4_.,inches_„in�:diameter<.,.and..b�ush,...,.�..,,,,�..-,,,�,...�,,.,.. ', trimmings. �-,xas u� itr:3�Y�'�}.T �.�s..:;�-��w�,, 7r.�, �r ' .-. -' - G • Jlj�b%�.�V�:._��%�1C�.'.,s�s�r....._�xaA:�s��r.;f:ars�rww:..r.,�,.. ....-:.��... r-" ��:+-.s�.`rasa�.iS-ti'.."r,.?:�.j�.i'3aiaw��.atiein%II�°rMiFerk�'"".�.7a';ii5ds,i�7�: a. Remove tree branches no greater than 10 feet in length and 4 inches in diameter from the curbside; b. Clean up the collection area; c. Repair any damage to property done by equipment; and d. Return to service households not serviced during the initial project period. 3. �ollection Vehicle Equi�ment Rec3uirements: Each collection vehicle shall be equipped with the following: a. a two-way radio b. a first aid kit c. an approved 2AlOBC Dry Chemical Fire Extinguisher d. warning flashers e. warning alarms to indicate movement in reverse f. signs on the rear of the vehicle which state "This Vehicle Makes Frequent Stops" g. a broom and a shovel for cleaning up spills i 2.�� AGREEMENT FOR CURBSIDE COLLECTION OF TREE BRANCHES AND BRUSH TO ALL RE3IDENTIAL AND MIILTI-IINIT HOUSEHOLD3 h. OSHA required rear view mirrors that extend out from the vehicle a sufficient distance to clearly see and to safely operate the vehicle in reverse. All of the required equipment must be in proper working order. All vehicles must be maintained in proper working order and be clean. Al1 vehicles must be clearly identified on both sides with Contractor's name and telephone number. 4. Personnel Requirements: Contractor shall retain sufficient personnel and equipment to fulfill the requirements and specifications of this Agreement. Contractor's personnel shall: a. Conduct themselves at all times in a courteous manner with the general public. ...,.- n. , . a. . � � .._ ..,. .:;,- b. ,....r.. Make.�a� con�ertec�.. effort-..to� ha�re . at ..all�.�:t�.mes� .a_-. . � ,_ � �: , �. , �:�_._�. ,._ . ;:..... . presentable appearance. .. _ , ., - - _ � . . . _. . , ... : � :_ . . ,;.:..... ,. '"c:" `" Perfo`rm"tYieir� wvrk in a" `neat 'and quiet'�manner; cleari �ip all material spilled in collection and hauling operations. d. Avoid damage to property. e. Not perform their duties or operate vehicles while consuming alcohol or illegally using controlled substances or while under the influence of alcohol and/or such substances. 5. �3e�orting Rec;uirements: Contractor will provide a final report of the total cubic yards collected, number of units of each equipment used, and the hours each unit was used. 6. Ownership: Ownership of the tree branches and brush shall remain with the person placing it out for collection until Contractor's personnel physically touches the material for collection, at which time ownership shall transfer to Contractor. . 2 2.�6 AGREEMENT FOR CURBSIDE COLLECTION OF TREE BRANCHES AND BRIISB TO ALL REBIDENTIAL AND MIILTI-IINIT HOUSEHOLDS -.. .* . -- .� �- .�. � The City shall notify residents to place their tree branches and brush at curbside before 7 a.m. on September 11, 1995. 8. Col�ect�on PO?nt� Tree branches and brush shall be collected from the curbside. 9. Collection HourG� Residents will be required to place tree branches and brush at curbside before 7:00 a.m. on September 11, 1995. Collection shall commence at 7:00 a.m. and end at 3:00 p.m. each day. The Contractor shall maintain sufficient equipment and personnel to assure that all collection operations are completed by 3:00 p.m. on September 15, 1995. 10. Geog�a�h;cal Areas: The City, for purposes of this Contract, is divided into six gevgraphical areas which are� defined in Exhibit A. 11. �!iionitorina: The Contractor shall cooperate with the City's monitoring requirements. These monitoring requirements i nclude�but�,ar�e�,,,not 1„� mited,�to,;��g�,g;�,��,��,�,�,,,�, _ ri�e"�a��ong during the Contractor's pre-collection canvassing of the City; the Contractor shall check each piece of �e��pate��a�s�� - ��t�`a��zt`2'��"€+�� location each time the unit enters or departs from the City; and tne contractor shall notify City staff immediately upon completion of a geographical area as defined in Exhibit A. 12. Pro�e��re for UnaccP��hiP Tree Branches and Brush• If Contractor determines that a resident has set out unacceptable materials, the driver shall use the following procedures: Curbside: a) Contractor shall leave the unacceptable materials. Unacceptable material is any material not included in the Contract Service Requirements in Paragraph 1. b) The driver shall record the address on Daily Conveyance Forms provided by the City and acceptable to the Contractor and report the addresses to the City at the end of each collection day. 3 2.07 , . _ -. ,.. _.. �-� � ., . _ . . . _ .. _ . .. . _ _ .. . _. . ..._ . . . . . . AGREEMENT FOR CURBSIDE COLLECTION OF TREE BRANCHES AND BRII88 TO ALL RESIDENTIAL AND MIILTI-UNIT HOIISEHOLDS 13. Misses: A miss is defined as a report by the resident that their tree branches and brush were out at the curbside by 7 a.m. on September 11, 1995, and this address is not recorded on the Daily Conveyance Form, as having unacceptable material, for the geographical area completed by the Contractor on the previous day. The Contractor shall return to pick up missed collections within the geographical area completed on the next business day after that area has been designated as complete by the Contractor and the City, and before 3:00 p.m. on September 20, 1995. 14. Cleanu� Res�onsibility: Contractor shall adequately clean up any material spilled or blown during the course of collection and/or hauling operations. All collection vehicles shall be equipped with at least one broom, one shovel and other equipment needed for use in cleaning up after collection. 15. �ompletion: The project will be complete when the Contractor has collected all acceptable material in all designated areas within the City where the acceptable material was set out by September 11, 1995. Contractor shall notif� L,�i,,sa a�"'m�e'�i"""a"�"�'2-�'�'�"�� an�"'"inc�ivi`�'ua a�'pp'ointe y`Tier �""�"' promptly upon the completion of each geographical area. A verified by City personnel or volunteer inspectors. The Contractor shali complete the contract no later than 3:00 p.m. on September 20, 1995. 16. Incentives: city-Wide Collection completed By 11:0o a.m. on september 15, 1995 5% of contract value will be added to the contractor's final payment. Failure to Complete Collection by 3:00 p.m. on September 15, 1995 Will result in l0% of contract vaiue being deducted from the Contractor's final payment. - An additional l00 of the contract value will be deducted for each subsequent day after the 15th of September that the Contractor fails to complete collection. 4 2.Lit7 AGREEMENT FOR CIIRBSIDE COLLECTION OF TREE BRANCHES AND BRIISH TO ALL RESIDENTIAL AND MULTI-UNIT HOOSE$OLDS - If the Contractor has not completed collection by September 20, 1995, the performance bond will be executed, and the City will pursue other means or vendors to complete collection within the City. � .. . -- . �- ,. • The Contractor shall dispose at a location outside of the City and in accordance with State law. 18. InsLrance Coverag,� Contractor shall provide a certificate of insurance as proof of liability coverage or death in the amount of $300,000 for any one person and in the sum of $600,000 for two or more persons for the same occurrence and for damages to property in the sum of $300,000. The certificate of insurance shall name the City as an additional insured and state that Contractor coverage shall be the primary coverage in the event of a loss. Further, . the certificate shall provide for thirty (30) days written notice to the City before cancellation, expiration, or change of coverage. ' 19. ComBensat?on for Service�_ The Cit ,shall a the E'°"'"`"�`"""'"°`""'�`°'�'�C'ont'�ac�or`iri accorclance"�wi�li" ExIiibit B o�t�i�`is Agreeme�"nt�. �� The Contractor shall provide an invoice detailing hours each 20. Method of Fayment• Contractor shali submit an itemized bill for collection services provided to the City within 15 days after collection has been completed. This bill shall be paid in the same manner as other claims made to the City. The Contractor shall submit the documentation and reports as required under Paragraph Five of these specifications, with the invoices. Payment to the Contractor will not be released unless the required reports are included in the invoice. 21. Term: The term is the period from September 11, 1995 to September 20, 1995. 22. ��ntract Termination• If the City in its sole discretion determi:les that tne Contractor is not making adequate progress on completion of the Contract, the Contract can be cancelled upon written notice delivered to Contractor's office at 2504 West County Road B, St. Paul, MN. Said notice shall be effective immediately upon delivery to Contractor's personnel or upon posting at the Contractor's office if no personnel are present. 5 �.Q� AGREEMENT FOR CURBSIDE COLLECTION OF TREE BRANCHES AND BRUBH TO ALL RESIDENTIAL AND MULTI-UNIT HOIISE80LD8 23. Inde�endent Contractor: At all times and for all purposes, the Contractor is an independent contractor and not an employee of the City. No statement herein and in the executed Contract shall be construed so as to find the Contractor to be an employee of the City. 24. �ubcontractor: The Contractor may enter into subcontracts with other tree removal companies licensed in the City of Fridley. For the purposes of this contract, the City waives all license fees. However, each Contractor and all subcontractors must provide a Certificate of Insurance with the license application. The Contractor shall pay any subcontractor within ten (10) days after receipt of payment from the municipality for all undisputed services provided by the subcontractors. The Contractor shall pay interest of 1-1/2� per month of any amounts not paid on time to the subcontractor with a minimum monthly interest payment of $10.00. � 25. gssignment: Neither party shall assign the executed Contract, nor any interest arising therein, without the written consent of the other party. �N�+r.r�wlws.-:sw:�...+r�.-_...,es,..f:.i.�..�,�..��.x.;..: �-�rRS-,r...,z-x..:,;....tw?��arn.�.�.�y�..��-,a-.*�s�m�,.�,,..:Jntis+M�'�ytincs��M....yi,M•w.rrtais.:.u-,Qiti•'�r-;4..suWv.+a.s��w...eT..�..<..,n.�,w..... . .Mtat�/a.,'"P¢si�m.•. 26. Services Not Provided For• No claim for services furnished by the Contractor � fo.r „h� �h 1�T :�v,.,::.:::.;5. . �,!�.r . -.�:., �•: .� .._,.. ,,.,-,..,.:.t,_.. .._.....4 .k.:._ >_. ..<� �<t^`.. . . _. r..,._., ,..-. . _. „oVl ,. �,�.... _ ... . .��^'�7q! .'al:+�!r�A1+,�y.vpe�vu.esS+:Y.:•.... o s�eci�,f.icall�,,pr ',de �e,.� �, `. � y, ' � be �onorec# by �he ...ity. . � . . 27. Severabilitv: The provisions of the executed Contract are severable. If any portion hereof and in the executed Contract is, for any reason, held by a court of competent jurisdiction, to be contrary to law, such decision shall not affect the remaining provisions of the same contract. 28. �omt��iance with Laws and Regulati�na• In providing services hereunder and in the executed Contract, the Contractor shall abide by all statutes, ordinances, rules, and regulations pertaining to the provision of services to be provided hereunder. Any violation shall constitute a material breach of the executed Contract. 29. �c�ual O.p�ortunity• During the performance of the executed Contract, the Contractor, in compliance with Executive Order 11246, as amended by Executive Order 11375 and Department of Labor regulations 41 CFR Part 60, shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to insure that applicants for employment are qualified, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. 2.�1 � AGREEMENT FOR CURBSIDE COLLECTION OF TREE BRANCHES AND BRUSH TO ALL RE3IDENTIAL AND MULTI-UNIT HOUSEHOLD3 30. Waiver: Any waiver by either party of a breach of any provisions of the executed Contract shall not affect, in any respect, the validity of the remainder of the executed Contract. 31. Indemnification: The Contractor shall indemnify and hold harmless the City, its employees and agents, for all claims, damages, losses, and expenses, including, but not limited to, attorneys' fees, which they may suffer or for which they may be held liable as a result of the fault of the Contractor, his employees, or subcontractors in the performance of the executed Contract. 32. �Lorkers Com,Fensation - Insurance: The Contractor shall provide workers compensation insurance covering all employees of the contractor engaged in the performance of tne executed Contract, in accordance with the Minnesota Workers' Compensation Law. 33. ��rformance and Payment Bond: The Contractor shall execute and deliver to the City a performance and payment bond with a corporate surety for 75% of the value of the contract. The executed Contract shall not become effective until such to the City and approved by the City Attorney. The executed Contract shall be subject to termination by the City at any relieved from liability for any reason. The term of such performance bond shall be for the life of the executed Contract. Extensions or renewals shall require the execution and delivery of a performance bond in the above amount to cover the period of extension or renewal. 34. Utilities: The Contractor shall be obligated to protect all public and private utilities whether occupying street or public or private property. If such utilities are damaged by reason of the Contractor's operations, under the executed Contract, he/she shall repair or replace same or, failing to do so promptly, the City shall cause repairs or replacements to be made and the cost of doing so shall be deducted from payment *o be made to the Contractor. 35. Conflict of Interest: Contractor agrees that no member, officer, or employee of the City shall have any interest, direct or indirect, in the executed Contract or the proceeds thereof. Violat�on of this provision shall cause the executed to be null and void and the Contractor will forfeit any payments to be made under the executed Contract. 36. �ntire Contract: The executed Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements 2�� .�..., �_.._-.�. .. . .....,._ . _. �.,., . , � .... . . . _ ._ .. ._ .. _.. . _ . . , ,..� �_.,_. . . _. _. . : ., . ...._ ._ _ .... _ _ . . AGREEMENT FOR CURBSIDE COLLECTION OF TREE BRANCHES AND BRUSH TO , ALL RESIDENTIAL AND MIILTI-IINIT HOII3EHOLD3 presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of the executed Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 37. Contract Conditinr,c• The Contractor shall be required to execute the City's Contract and to fulfill the requirements contained within it. The bond and certificate of insurance shall be provided when the Contract is executed. EXECUTED AS OF THE DAY AND YEAR FIRST ABOVE WRITTEN: CITY OF , CONTRACTOR NAME: BY: ITS MAYOR �,.,�.�.�.� BY _ . ` �ta+.oa�v� ITS CITY MANAGER BY: ITS 8 2.�2 5TH AVENUE � v � _ 1ST A 1 Q O�t � � � � 1A Z Q � 2A � ,, . � �� _ �_ 2.13 .. ... _ .:.. ,.._ . . . _.. _. r .. . m Z .�� z � � 1C � �C A TE 694 Exhibit A � � ,.,_. F ., . .. . .. .. . ::. :.. .. . ., . . ,. _ .. ,. -_ � . . ., ._,.. .r . _ - .,.. _ .... Agreement For Tree Brush and Branch Removal Item Clam Truck with Operator $120/hour Haul Truck with Operator* $ 55/hour Two Person Clean-Up Crew $ 36/hour *30 cubic yard trucks 100 Yard Walking Floor Trucks $120/hour Swing Loader $ 50lhour Exhibit B Not to Exceed Six Units Nne Units Three Units _> Replaces three 30 cubic yard haul trucks =>Replaces one Clam truck with Operator 2.14 � , . ___ _ ___ _ __ CITY OF FRIDLEY � PLANNING COMMISSION MEETING, JIILY 19, 1995 CALL TO ORDER• Chairperson Newman called the July 19, 1995, Planning Commission meeting to order at 7:34 p.m. ROLL CALL• Members Present: Members A.bsent: Others Present: Dave Newman, LeRoy Oquist, Connie Modig, Brad Sielaff, Dean Saba Dave Kondrick, Diane Savage Scott Hickok, Planning Coordinator Nancy Wiles, A& W Restaurant Tim Lindgren, A& W Restaurant APPROVAL OF JUNE 21. 1995, PLANNING COMMISSION MINUTES: MOTION by Mr. Oquist, seconded by Mr. Sielaff, to approve the June 21, 1995, Planning Commission minutes as written. UpoN 1±�.;�,,�l,,Q�C.�.�Q�E�,�,.,ALL.,.90TING�,�YE,,�,,.CHA�RPER$QN:�N��MA,�i:,��CLllB�.,�..�,�.o,,,�,�.,,�..,' THE MOTION CARRIED IINANIMOIISLY. #95-07, BY WILLIAM AND NANCY WILES: Per Section 205.13.O1.C.(11) of the Fridley City Code, to allow a Class II Restaurant in a C-1, Local Business, zoning district on Lot 3, Block 2, C. D. Hutchinson Addition, generally located at 7429 East River Road N.E. MOTION by Mr. Saba, seconded by Ms. Modig, to waive the reading of the public hearing notice and to open the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEyPMAN DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:35 P.M. Mr. Hickok stated the special use permit request is for the A& W Restaurant located at 74?9 East River Road. Mr. and Mrs. Wiles have proposed a plan that would include reconstruction of the existing restaurant on the existing site. Reconstruction of the restaurant and remodification of the restaurant as it exists would eliminate pre-existing non-conforming status and require a special use permit. Mr. Hickok stated the site was developed in 1953 initially as a dwelling. The file refers to the site as one for a commercial entity. It evolved over the years with additional signs and canopies into the A& W as we know it today. That early 3.�� PLANNING_COMMISSION MEETING, JULY 19, 1995 PAGE 2 evolution pre-dated the requirement for a special use permit and one is not in place. Mr. Hickok stated the site is located south of Osborne Road on the east side of East River Road. On the site is a structure and a canopy. To the north is Super America site. There is an access from East River Road into the site which also provides access to the Super America site. There is also an access point to the south of the site which allows traffic to go into the floral shop located to the south. Mr. Hickok stated the Appeals Commission recently reviewed three variance requests. The variances were initially based on the existing footprint of the building and the e�cpectation that the variances would be approved prior to construction of the addition. The primary emphasis for reconstruction is to provide more space in the restaurant and to comply with ADA standards for restrooms. The current building predates those standards. From a convenience standpoint and for service to their customers, it is not as efficient as they would like. The petitioner initially proposed an addition to the rear of the building and a small addition to the west side of the building. Variances would have been required for the building location from the north Iot line, setback from 5 feet to the property line, hard surface setback from the building, and the canopy. The canopy crosses the r--r---z �-�-•-- �-� �-��- __��-••• ��•yJ vVil\.l1�riVi1 yvc� s.ia�.n �.v �.uc early site development. The site was once owned by the oil company to the north. As the site developed, it was part of a joint development by the oil company to create a restaurant on this site and a line was created which resulted in the condition that the canopy straddles the property line. Mr. Hickok stated the Appeals Commission in their review felt there were some issues. The building setback was recommended for approval to be reduced from 15 feet to 5 feet. The parking setback on East River Road near the landscaped island was recommended to be 20 feet. That would allow the owner to create an island near the entrance of the Super American property. Because of the drive location and wide easement to the south, the Commission recommended app�oval for a reducticn in the setback from 20 feet to 8 feet. The Commission had a tie vote on the request to reduce the parking setback from 5 feet to 0 feet and voted unanimously to deny the canopy variance. Mr. Hickok stated the petitioners ravised the footprint of the building prior to coming before the City Council. Instead of an addition to the rear, a Councilmember had suggested the petitioner look at building to the south. The petitioner looked at that and came up with a plan for a 20 foot x 24 foot addition to the south. This eliminated a variance for the rear lot line 3,0� PLANNING COMMISSION MEETING. JIILY 19. 1995 PAGB 3 and eliminated the need for the variance for the hardsurface to the building setback. This left variances for the setback to the north, the setback for the landscaped area, and the setback of the canopy. The City Council approved these variances with the following stipulations: 1. The petitioner shall install B618 concrete curb and gutter along the east and south property line. 2. The existing hardsurface located between the building and the north property line shall be removed and the area converted to green space. 3. The parking lot shall be clearly striped to indicate aIl parking areas measuring 10 feet x 20 feet. 4. The petitioner shall submit a performance bond of $5,000 to ensure completion of the landscape areas and concrete curbing. � 5. A Special Use Permit shall be requested and approved in compliance with City Code requirements. ...,w.,�<��;�.6_.��k�e�:.:pet��ione-��s�ra��•4r-a�rt �.�.:�5��€oe�t°�=�bi easement along the west property line. � �e: �canopy ar�"ian ei�'i�o t e '�''�' g�� PY h�existin cano as of June 12, 1995, and any repairs or rebuilding of the existing canopy valued at fifty percent or more will void this variance for the canopy. Mr. Hickok stated, because of the fifth stipulation, the Planning Commission is considering a special use permit request. Staff recommends approval of the special use permit with the following stipulations: 1. All lighting shall be of shielded downcast design. 2. No intercom devices shall be audible beyond the property lines. 3. The petitioner shall install B618 concrete curb and gutter along the east and south property lines that shall include a curb along the east and west edge of the drive serving the property to the south. 4. All dumpsters shall be fully screened so not to be visible from the public right-of-way or adjacent properties. Mr. Saba asked how one would arrive at 50% of the value of the canopy. 3.03 . w ,_ _ __ , ... _ .. _ .__: _,..:.:....- __ __ ..._._. .... ,.__ ... . PLANNING COMMISSION MEETING, JULY 19, 1995 PAGE 4 Mr. Hickok stated this would be the value of the canopy today. The value would be based on the cost of materials, construction, � intercom system, etc. In early discussions with the petitioner, the intercom system became one of the givens in their evaluation of how to redevelop this site. If the canopy had to be changed alang with the wiring beneath the bituminous surface, the cost of the wiring would not make it feasible to redevelop the site from a budget standpoint. The income is driven primarily from the canopy and the cost of shifting that, even a few feet, is not feasible. The end solution was probably a compromise for the canopy to stay there, but it would need to be reconstructed if damaged. Ms. Modig asked how they would determine whether the intercom is or is not being heard from the property line. Mr. Hickok stated, from a consistency standpoint, this is something that staff considers in other districts. Intercoms at fast food restaurants can be a problem and can cause problems � witY� residents in the area. This is a sti.pulation one would typically see on other fast food restaurants. He did not believe this would be a problem. �.,�.�.,:.�•��,.Ms.��l�adig�..asked�_i�:�-the��hac�� been�ar��p��iovs�. the intercom at this location. . nicxvx szaLea no. •rnere nas noz been a problem in the past. Mr. Newman asked if the City imposes the same restriction on Super America. Mr. Hickok stated he would have to look at their special use permit. It would be realistic based on their intercom system. Mr. Oquist asked if, by expanding to the south, this would eliminate parking stalls on the south side of the building and would that have an affect on the parking requirement. Mr. Hickok stated he believed, in discussion with the owner, they felt they could reiocate those parking stalls. The site has credit for 18 park�ng stalls including the cancpy sta�ls. Mr. Newman asked if the side yard setback from 15 feet to 5 feet was a change from the current condition and if this is to re- affirm an existing condition. Mr. Hickok stated the setback will not change. This is an existing condition. Mr. Newman asked if the petitioner is increasing the parking setback from what currently exists. �.fl� PLANNING COMMI3SION MEETING. JOLY 19. 1995 PAG$ 5 Mr. Hickok stated yes. Mr. Newman asked if the canopy setback would change. Mr. Hickok stated the canopy setback would stay the same. The petitioner was going to reuse the original foundation and rebuild the building with an addition to the south. Ms. Wiles stated they have a license agreement with Super America with regard the canopy overhang and the side of the building where they will put a green area. They have no problem with the stipulations. They have never had a problem or complaint about the speaker noise. Mr. Oquist asked when they planned to start construction. Mr. Wiles stated they planned to start this fall after the busy season. MOTION by Mr. Saba, seconded by Mr. Oquist, to close the public hearing. OPON A VOICE VOTE, ALL VOTING AYE, CHAIRPER30N NEWMAN DECLARED �H$.,,i�Q:x IQ�,�C,F�R.$IEL2,,.7�N�.1,d.THE,.�PIIBLIG:HEARII�IG...,.CIASED.,.�T.�.B.�S 4e.:- �]�.....r..�.b,..,�...,,.�,. _ Mr. Newman stated this is a difficult area. It is a �.��..�� r.��v naaa�w.ai ✓�dr'�aaaG.�r�Gr7• Ai1 111 Q11� {..11GS �rtlliGill�i� 11QYG Q special use permit and this is an enhancement of that. It makes sense particularly when you look at Super America and the fact that they now have a Subway in there which adds to the concentration of traffic. A& W is adding some buffering which will dress up the site. To him, the A& W is a landmark in the City. He remembers going there as a kid. They have provided a lot of employment for the neighborhood kids. He is pleased that they are going to continue business in the City and he would like to try to help. He commended the Appeals Commission and the City Council. Whenever we are trying to improve and upgrade existing conditions, it is necessary to show some flexibility and accommodation. These bodies have done so and this will enhance the neighborhood. MOTION by Mr. Saba, seconded by Mr. Sielaff, to recommend approval of Special Use Permit, SP #95-07, by William and Nancy Wiles, to allow a Class II Restaurant in a C-1, Local Business, zoning district on Lot 3, Block 2, C. D. Hutchinson Addition, generally located at 7429 East River Rcad N.y., with the following stipulations: 1. All lighting shall be of shielded downcast design. 3.05 ,. ... ,. . ... o ... . .x. ._ . - . . . PLANNING COMMISSION MEETING, JULY 19, 1995 PAG� 6 2. No intercom devices shall be audible beyond the property lines. 3. The petitioner shall install B618 concrete curb and gutter along the east and south property lines that shall include a curb along the east and west edge of the drive serving the property to the south. 4. All dumpsters shall be fully screened so not to be visible from the public right-of-way or adjacent properties. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOOSLY. Mr. Hickok stated the City Council would consider this request on August 14, 1995. 2. RECEIVE THE MINUTES OF THE PARKS AND RECREATION COMMISSION MEETING OF JUNE 5, 1995 - MOTION by Mr. Oquist, seconded by Mr. Sielaff, to receive the minutes of the Parks and Recreation Commission meeting of June 5, 1995. taena'A+^ie'rA.�,w.wV+ab.S�wr..+...P�id��i�:fa:�'sy�„a'„�_�r'hrN'+RM�'?"�R+F' �Itr'^�+NwY!v-+R!K-".P�+Y+"^�irtdT4N'WM§�..•:�•4ed�acaqiMi3na�rr '��, n.�.«"TMM��l�baiwMlk!4�M1�Ii1r UPON A VOICE VOTE, ALL VOTING AYE, CHAZRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. RECEIVE THE MINUTES OF THE HOUSING AND REDEVELOPMENT AUTHORITY MEETING OF JUNE 8, 1995 MOTION by Mr. Saba, seconded by Mr. Sielaff, to receive the minutes of the Housing and Redevelopment Authority meeting of June 8, 1995. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPER30N NEWMAN DECLARED THE MOTION CARRIED IINANIMOII3LY. 4. RECEIVE THE MINUTES OF THE ENVIRONMENTAL QUALITY & ENERGY COMMISSION MEETING OF JUNE 20. 1995 MOTION by Mr. Sielaff, secanded by :�Ir. Saba, to receive the minutes of the Environmental Quality & Energy Commission meeting of June 20, 1995� UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE �iOTION CARRIED UNANI:�iOUSLY. 5. RECEIVE THE MINUTES OF THE APPEALS COMMISSION MEETING OF JUNE 20 , 1995 3.0� PLANNING COMMIS3ION MEETING. JULY 19. 1995 PAG$ 7 O ON by Ms. Modig, seconded by Mr. Oquist, to receive the minutes of the Appeals Commission meeting of June 20, 1995. IIPON A VOIC$ VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED tTNANIMOIIBLY. 6. UPDATE ON HOME DEPOT REOUESTS Mr. Hickok stated there have been some changes in the request from Home Depot since the Planning Commission last saw the project. There have not been any significant changes on the building design. The most significant change is that Home Depot has proposed to eliminate the detached retail lot. The site will have Home Depot and the retailer to the north. The City would stipulate that Home Depot keep the landscaping along the edge and use that third lot for parking. They felt this was necessary because of the traffic concerns in the area and help to bring down the numbers for the average daily trips. The primary concern for Home Depot is get a building on this site and have � another retailer. Home Depot has indicated a retailer interested in coming to this area is a pet food warehouse type of business. Mr. Hickok stated the City Council asked for additional in�ormatian �from,.�:the._�ra�.f:i.E� cor�sultan_ts� _.�:..�The�•cons�r�.tants,-�d�d».•��,.�._�--��. more traffic studies along 53rd and 61st. The City Council actually tabled action on the items to consider additional new along 61st to the north. Mr. Hickok stated there had not been much discussion at the public hearing. The City Council had not heard much discussion until a concern came from the 53rd neighborhood to the south. Residents are used to industrial traffic on this street but they have some reprieve on weekends. They are concerned that, while they don't entirely disagree with the project, they will now have weekend traffic. This caused the analysts to go back and take a look at weekend numbers and get more specific in their numbers about 53rd and 61st and what could be expected on weekends. He expected the report in his office the next day. Mr. Hickok stated the City had a neighborhocd meeting last night. They invited residents of the neighborhoods of 53rd and 61st as weli as those who had signed a petition. Thirty-two residents came to the meeting. It was a good meeting and they had a good discussion about weekend numbers. One person did their own weekend count on 53rd. This information will be helpful to compare with the analysts numbers. Mr. Hickok stated Home Depot was represented at the meeting Mr. Tim Platt. Home Depot has agreed to pay for traffic improvements. Mr. Platt also felt 57th needed a turn lane 3.0 I by and PLANNING COMMISSION_MEETING, JULY 19. 1995 PAGE 8 they are willing to restructure 57th in order to do that. That was a big step forward. Mr. Hickok stated at the intersection of University and 57th is the condition where people exiting from westbound I-694 and turning left on 57th must cross several lanes of traffic. The analysts stated this was also one of their concerns. The City Council asked staff to consider a study. They recommended a study be done with the Minnesota Department of Transportation (MnDOT) and Home Depot would be willing to contribute to the cost of the study. One solution could be to bring exiting traffic perpendicular to University, stopping northbound University Avenue traffic and aliowing the off-ramp traffic to get onto University. MnDOT is in favor of this type of solution. That study could take two months to do and Barton-Aschman will be asked to do this study. If approved, the City will have to look at the cost of the study and the cost of future improvemer.ts. This will be before the City Cauncil on August 24. Mr. Saba asked what the general feeling was at the neighborhood meeting. Mr. Hickok stated it was a balanced crowd. There were many who �.;thnug,ht.l;this�.,�:s�ie�re�apmea��wr�c�uld.=k�c�ood.�-€�s��-=Fr��d�e� a�tk�e��.�.;..� were others concerned about traffic and shortcuts through the neighborhoods. He had the sense th,at b� the end oE_the meetin� °��'�'�7�''s��"�'�"�`�'`�"''i"� es ons�n ered`:'��'e�"`s'"�"u�y"'�`is quite complex and the question and answer time was helpful. Residents seemed surprised about the hourly wage paid by Home Depot and were pleased to see the extent to which Home Depot was willing to go with traffic control. Mr. Sielaff asked if the original traffic analysis was included in the agenda packet. Mr. Hickok stated the packet has the updated information. There will be an addendum coming in shortly. Mr, Sielaff asked what the difference was between the original report and the updated information received in the packet. Mr. Hickok stated concerns were, when talking about the grading system A-F, that Home Depot was not able to clearly describe the difference between the service levels. Home Depot had to justify and explain the difference in service levels and how it would affec� the wait at an �ntersection, the pulsing of the lights, etc. There were also some problems with that cross over condition at I-694 and University. Therefore, the City Council was reluctant to move ahead and requested this be further studied. 3.fl8 € E p.. . PLANNING COMMISSION MEETING. JULY 19, 1995 PAGE 9 Mr. Hicko3c stated Councilmember Billings expressed concern about the percentage of traffic coming from each direction. He wanted that to be further described to show how much would be coming I- 694, how much of that traffic would go through the neighborhood on 53rd, etc. The second report helps to explain further the turning movements and where traffic is coming from. Mr. Sielaff asked if Home Depot got more data. Mr. Hickok stated yes. They did traffic counts and had people at intersections doing counts. Staff is pleased with this study. Mr. Sielaff stated, when he read the report, Home Depot apparently took some analysis from Home Depot to determine what their traffic would be. He did not know if that data is from an area similar to this area and how that translates to this particular situation. Mr. Hickok stated staff was concerned that the National Standard Traffic numbers are not quite the same as Home Depot experience. The big area that seemed to be a void is the truck traffic that can be expected from Home Depot. Home Depot analyzed their sites and found there would be 12-14 semi trucks daily. They use a� common carrier. Everything is dispatched fro� Atlanta. They would have a certain route but not a specific size truck. Home Depot would have a flat bed truck for delivery of large quantities of materials. ww..A..�.,�.-�.�s .=rr.a:sw.�4^w z:«or:a��.c:::,.:�.u,�,rna.,.�«M,=a.e.s�.:�z..��s��u�v�aYUVw�.sww.t..vrasc�v��wn<.�..acy.=s�a:+ae++�».<;�.um..a�-.�+ass�.w....�+wsw.�wFR�++dawu�-�+.-.Y.a.�rerr .+x•.am►aa�.*�..we.nNar;.eesvr.- Mr. Newman stated Home Depot has a very good reputation for being a class operation. �;��e:�:«r��.o�r?ste�.xr�as�=-��s:,.k�•,ir�.--.r+��. . : - �. � . � - - -r�. Mr. Oquist stated he was impressed with the efforts Home Depot is making to comply. Mr. Saba asked what Home Depot had done about their pylon sign. Mr. Hickok stated they did eliminate one of the three variance requests. They are not going to consolidate the signs for the site. They also came back with a proposal for a sign the same size as the Home Value sign which is 160 square feet. They wanted the sign to be 40 feet high but staff is saying the sign must be at 25 feet. ADJOURNMENT• MOTION by Mr. Saba, seconded by Mr. Oquist, to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED TFiE MOTION CARRIED AND THE JULY 19, 1995, PLANNING COMMISSION MEETING ADJOURNED AT 8:25 P.M. Respectfully submitted, ' t `� !, '•;` % .•� � . f - �._ Lavonn Cooper , Recording Secretary 3.09 DESCRIPTION OF REQLTEST William and Nancy Wiles have requested Permit, SP #95-07, by William and Nanc Section 205.13.O1.0 (11). This Special II Restaurant in a C-1, Local Business STTNII�IARY OF ISSUES consideration of a Special Use y Wiles in accordance with Code Use Permit will allow a Class zoning district. On June 12, 1995 the City Council approved 3 variances to allow the reconstruction of Wiles' A&W Restaurant, at 7429 East River Road. The variances included a reduced side yard setback, a reduced parking surface . �- �.- -��se�back;°, and--a�carcop�wsetbael��•Prom°�a�property°°°2in�:��.�'�tese��ari�ttces+`were a result of plans to reconstruct a new restaurant facility on the Just as variances �aere r�quired to cor_tinue operation of a restaurant that pre-dated the current setback standards, a special use permit will also be required due to the current code requirement of a special use permit for Class II Restaurants in a C-1, Local Business zoning district. Technically, it is the modification of the pre-existing, non- conforming structure that has caused the requirement of a special use permit. The purpose of the special use permit requirement is to enable the City to stipulate specific standards and minimize impacts, that may otherwise be detrimental to repose or enjoyment of the surrounding neighborhood. Elements to consider standards for include: lighting; audible devices, drainage, traffic circulation and proper screening of elements such as dumpsters or mechanical devices. RECOMA'lENDED ACTIONS Staff recommends approval of Special Use Permit SP #95-07 to allow reconstruction of a Class II Restaurant in a C-1, Local Business district, with stipulations (see body of report). PI,ANNING COMMISSION RECONlMENDATION The Planning Commission concurred with staff's recommendation. 4.01 ,. _ _ �. � _.. _ __ . . _ Special Use Permit, SP #95-07 William and Nancy Wiles Page 2 7429 EAST RIVER ROAD P R O J E C T D E T A I L S Petition For: A Special Use Permit in accordance with Code Section 205.13.O1.0 (il). allowing construction of a Class II Restaurant in a C-1, Local Business district. Location of Property: Leqal Description of Property: size: Topography: Existinq Veqetation: Existing 7429 East River Road Lot, Block 2, Hutchinson Addition .83 acres Flat Sod, with few trees and landscape plantings Zoninq/Platting: C-1, Local Business, Lot 3, Block 2, Hutchinson Addition �4YNAiA�+�.Aaf�..tirl�YF+�.��-a�!hfrM�.+��A<�+=:rM41�w'�.tN^+'.wJ�Mri�'+�1"3iLT�Y'�el►3_PW=h-Wa•+�a'�xt'4•u�'.L,s�+Qt�'.+e^:s'^�.'f2's^'r<i.i..AV�..+?Ki,++h�3�sF�.i�i+i3K1�r:..qi�it: Y•.�.,(�iSh�''+�'Ksj"'I�ra.v.'✓�.••+r+!�liSWf>+�Y"r`�A•+k��iM.�'4�Y�m Availability of Municipal . _ _ . _.. . ... _. , . .. _ , . Iaff�'e�:'� . , Vehicular Access: Pedestrian Access: Engineerinq Issues: Site Planninq Issues: WEST• soUTx: EAST: NORTH• East River Road and across SuperAmerica's Property to the north. N/A N/A A�7ACLrdT S�TES Zoning: R-1, Single Family Zoning: C-1, Loca� Business Zoning: M-2, Heavy Industrial Zoning: C-2, General Business �.�� Land Use: Single Family Land Use: Retaii Land Use: Industrial Land Use: Retail Special Use Permit, SP #95-0'7 William and Nancy Wiles Page 3 DEVELOPMENT SITE Property History .. .. .s,. .. . . . _ � .... . . . . . .. . . .. . :. . . . . � f.. .. . ... �. _ " . . The various building permits and variance requests occurring on the subject parcel: 1953 - 1958 - 1960 - 1966 & 1968 - 1971 - 1974 & I980 - 1975 - 1979 - 1995 - original building permit was issued for a dwelling building permit was issued for an addition building permit was issued for a garage permits were issued for signs, including a variance request for an off premise sign canopy was installed permits were issued for new signs floors were repaired roof was repaired 2 variances for reconstruction of a Class II Restaurant in a C-1, Local Business district were approved. • The following variance information has been included in this report to provide a complete history for the Planning Commission since it was the Appeals Commission and City Council that acted on these items. ..t�..,, ...• �...-.`...:.sn.6^'n�.-ad..x -,:+wF�-.a..+..•y�Kw+�.,.'�"`.�..a+•<..+(>:s.wa:t.-.�-;1+-ara�.".'l�--Yr»�i:�.,�..n+vi�'�aff'aep�F.:JK�.S+c..x•��.sa9°G�r!.'�.•L^Ax..�m'�`-wrCS<'.:-:v:Y.C:rhG:.••,v�-�.-vMSa�r.Sa'.a«' Gx,:.�7�A":s.:�;a,.J��.1G..:� tl'ariance Requests �,�;..�,, . ��ge��:��aex��i�r� - , . _ Y�i'eqr�e9� ariC�s�tra°''�i�`�'�t'�3 _' a of the existing building. Through a redesign of their building, two of the five variances were eliminated. At the request of the City Council, William and Nancy Wiles had their building plans modified to eliminate a building extension to the east. Instead the new addition will be on the south side of the existing restaurant. The variances that were approved include: 1. A side yard building setback Section 204.14.03.C.(2) requires a side yard setback of 15 feet. The public purpose served by this requirement is to provide for adequate open areas (green divider areas) around commercial structures, maintain clear access for fire fighting and reduce the possibility of fire. �he petitioner requests that the side yard setback be reduced from 15 feet to 5 feet. The petitioner intends to remove the existing building to the �oundation level. The building would then be reconstructed in its existing location. The existing basement, however, would not be enlarged. 2. A arkin setback Section 205.14.05.D.(5).(a) requires parking and hardsurface areas to be 20 feet from the public right-of-way. 4.03 �. ........ .LL ..... _, _. . ,,... . .....:._.,. .__,_ ..... _ ..W .... ._.. . . . .. . . . . . . . . .. .. _ __.. . ._ . ...._.. .._..._. � __._,.. .s Special Use Permit, SP �95-07 William and Nancy Wiles Page 4 The public purpose served by this requirement is to limit visual encroachment into neighboring sight lines, and to allow aesthetically pleasing open area adjacent to public right-of-ways. The petitioner had requested that the hardsurface setback from the public right-of-way be reduced from 20 feet to 0 feet. Located adjacent to the public right-of-way are two landscape islands separating the restaurant parking area from East River Road. The property shares a common driveway with the parcel to the south where a floral shop is located. Staff analyzed the parking islands, and determined that the northerly parking island can be widened to meet the 20 foot hardsurface setback requirement without adverse impact to driving or parking areas. A 30 foot driving isle would be maintained between the northerly landscape island and the drive-in canopy. This would increase the amount of green space located on the property and would provide planting areas for trees and shrubs.. A variance was reguired however for the southerly landscaped island which is 8 feet from the right-of-way at its closest point. The variance to reduce the hardsurface setback from the public right-of-way was approved as a reduction from 20 feet to 8 feet. 3. Canopy Setback Section 205.04.06.A.(3) of City Code allows canopies, decks, entrances to buildin s, etc. to encroach 10 feet into t e re ' �„� ....�,se�back�:,�„��.�.. �-.,�:�� .�.:.��.,..RrA-�.w.�..�.�...�.a:...:�.,,.�:. �.� m.,�.. .. �..,.�-��.. �? „�.�;... .,�?��,�4� ��oi:�.�:.4.�.,•�:��..X��. '�-�1�%pgb� � �v�3�� . _ . .. . . , _ : _ . . � non-structural items into the required setback areas. The petitioner requested that a variance be granted to reduce the setback of the drive-in canopy from 3 feet to 0 feet. The petitioner holds a license agreement with SuperAmerica allowing encroachment of the canopy, as well as ingress and egress across the property. The petitioner does not intend to reconstruct or relocate the canopy. Approval of the variance would permit a structure of one property owner to encroach onto or over the property of another. The Appeals Commission opted to of deny this variance request, thereby leaving the canopy in a non-conforming state. This would require that any person reconstructing the canopy in the future would be required to relocate the canopy to a new conforming location. The City Council concurred with the recommendation. The fcllowing stipulations were attached to the City Council's approvai. 1. The petiticner sha11 install B613 concrete curb and gutter along the east and south property lines. 2. The existing hardsurface located between the building and the north property line shall be removed and the area converted to green space. 3. The parking lot shall be clearly striped to indicate all parking areas measuring 10 x 20. 4.�4 Special William Page 5 4. 5. 6. 7. Use Permit, SP �95-07 and Nancy Wiles The petitioner shall submit a performance bond of $5,000 to ensure completion of the landscape areas and concrete curbing. A special Use Permit shall be requested and approved in compliance with City Code requirements. The petitioner shall grant a 45' bikeway/walkway easement along the west property line. The canopy variance for the existing canopy as of June 12, 1995 and any repairs or rebuilding of the existing canopy valued at fifty percent or more wiZl void this variance for the canopy. 3PECIAL USE PERMIT ANALYSIS The purpose of the C-1, Local Commercial district is to provide commercial service and convenience opportunities for the local market. C-1, Local Business activities generally exist closer to residential neighborhoods than either C-2 or C-3 commercial districts. � The purpose of the special use permit requirement is to enable the City to � stipulate specific standards and minimize impacts, that may otherwise be detrimental to repose or enjoyment of the surrounding neighborhood. Elements to consider standards for include: lighting; audible devices, drainage, traffic circulation and _�roper �screening _ of elements such _,as dum�sters,�or,� �,,,,,�yy., I....� mecfianical devices:...,. �..� .. � . _. _.__.�. .... ww... ..�.�.,�,r.a_:�._ f �•-.��.a�.B+�!!iPV�,AT��01��•��l1��-•�ight�nq��shaY��be�=�o��sh�e�Adecl�dowrtea� � ** STIPULATION ** No intercom devices shall be audible beyond the property lines. ** STIPULATION ** The petitioner shall install 8618 concrete curb and gutter alonq the east and south property lines that shall include a curb alonq the east and west edge of the drive serving the property to the south. ** STIPULATION ** All dumpsters shall be fully screened so not to be visible from the public right-of-way or adjacent properties. The A&W Restaurant has existed in this area for over 30 years. At the time of construction, laws related to handicapped accessibility did not exist for facilities such as the A&W. Today handicap accessibility and customer convenience are elements that are at the forefront of the design process for this and all other facilities. In an effort to provide a :nodern facility with all the necessary amenities, the Wiles have elected to reconstruct their building. Because of the number of variances and the number of stipulations related to those variance approvals, staff believes appropriate standards have been set to mitigate the impacts of a Class II restaurant in this district. �.� '�'J Speciai Use Permit, SP #95-07 William and Nancy Wiles Page 6 Comprehensive Planninq Issues: N/A Public Hearinq To be gathered Comments: RECOI�II�IENDED ACTION: Staff recommends approval of SP #95-07 with the following stipulations: 1. A].1 lighting shall be of shielded downcast design. 2. No intercom devices shall be audible beyond the property lines. 3. The petitioner sha11 install B618 concrete curb and gutter along the east and south property lines that shall include a curb along the east and west edge of the drive serving the property to the south. 4. All dumpsters shall be fully screened so not to be visible from the public right-of-way or adjacent properties. rY��rM.�'°e+u.ur.ar:.c.wt.�fwwv:,�a3o,•�c.uNr��wshr^�nn.•*a+Ane•s�l�pr�{�°-+«w6lY�'+�a's!ad*+h�+V+'a+�AUrw�r.*aMl:�i.�swwr.a�Ja - . ..s+nl�t.a+`�hW9r.e.adt�+eksswt�:ic.sw,; . . .�. :� , �. ..:°' �..�. -'� �'.. ;.., . .t-.. � 4.os -- t�'�' . u ( n �� S4e�b° j� t�' �u? � � �.p' 40 � � � �n� (:t) �i�� a co � � � s) tj ) ��1 (�1 �Q'Q� Talmad�e Lane _ � t�� u� 4$ ( J7 } � (J!) �? � y� � u �..v �., ....�.. �. �.�.,�..,..� . ..r,,u.. .,. 36 �'� � � `�' � t+�� cp" t�� t�°� ` Glen Creek Road i: � 7451 (a�) 7429 �u� � l�) � � {3) � � � �� ° � :� b � n SP ��95-07 (�l (�? � (si� �� N. � � t�, � ' '1 ( 47 I � � � � � i {xN j + t�� , � � ' � I �i' � ( 1 ) � - � „ � - - ��' - -- _ - - 73rd Avenue N ; c�� c�:� c�>> � ; The appiicant requests numerous (5) variances to the zoning � requirements to alf6w re�onstru�tion ;o� #�e b�ding. � � ;- �-- ------ — _ ----- _ __._ .. _ . . �315 M _ , . . . _. - - - ._ -_ - � � LOCATI�N MAP_ �.b� � _ _ _ _ ... � � # >�� _. � F; � *- '` � �j , J �� '�.': . � .... 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" �.11��.��■M�,/�\�,� R��`' �_� O 'pE � � . �'f� Gp�EN .~f, � / R/F�LINE ��RRGMi � ec.c�"`� n� ^ y� T r10. 28 _•` . � �r�!- � i r. � .,,�•.� / �i o '�� 45•1g- e; ^'�REr•.•�' �i�.�� '�0 1 ". .�-'6• S�R�►.334;� �}i0 1,5 �'''pso Nt6•38.�o O � 1 C�p . BRN� � � �. S. A. H- N E PS� �' � � 4.10 � -=" � T . r N � � N � W � W � � , � Q _ V . � W � O a � �'"^�"' " � ��a,.:t; � i �, .. � Ii Engineermg Sewer Wa1er Parps St�eets Mamten�nce , T% TO: William W. Bums, City Manager ;, .,�, r PW95-212 �'1 FROM: John G. Flora, Public Works Director �%w Jon Wilczek, Assistant Public Works Director DATE: August 14, 1995 SUBJECT: Seventh Rider to Agreemeni with St. Paul Water Utility Bituminous Path Crossing of St. Paul Water Works Water Mains The City has been working with Anoka County for certa.in improvements to Osbome Road between Commerce Lane and 5th Street. The improvement includes milling, bituminous p,._ -� � avertay; turn �artes; signa� revisiorr� and� a bituminou� pathway. "The biiumin�u� p�ih�"a� =.'�°° �".,"., �._ is parallel to Osborne Road on the north side between Commerce Lane and TH 47 {�In�v��sity •=�venu�: �-�his = segment �wi�- comp2ete� �h��°bikeway/�vaikway° sp�tenr=o��-°�� , ..� �.. , a Osbome Road from East River Road to Old Central. The proposed bituminous pathway will be parallel with and within the St. Paul Water Works utility easement, and, therefore, , require a rider to the agreement with the St. Paul Water Works. We have reviewed the rider (the seventh) to the agreement we have with the St. Paul Water Works and have found it to be acceptable. Recommend the City Council authorize approval of the Seventh Rider to the agreement with St. Paul Water Works. Jw/JGF:cz Attachment 5.41 - . � _ �v�aau, vr. w.c�ic.n �,vriarl�3tviv.G.nJ - _ - _ , � ' ....a . . ...-r . .�.. � -. :'.. .-�•. •-,'. � :-w ...:�-- S -.. .a � .. -.. .. � +Y ♦.i.. . ..� . as ... .. � .. .��..� a .. .� . .- . - . . .:s __ " iCS - i.`L ' HIYfr3'� - —....�. . �w...� _._. _.�.........�J..w�. .. ....._..�_.—_ _""'"" " SEVENTH RIDER TO AGREEMENT _ ;: THIS AGREEMENT, Made this day of , 1995, by • and between the BOARD OF WATER COMMISSIONERS OF THE CITY OF SAINT PAUL, MINNESOTA, hereinafter called the "Board", and the CITY OF FRIDLEY, County of Anoka, hereinafter called the "City", being a Seventh Rider to that certain Agreement made by and between said Board and said City the 13th day of November 1963, and by this reference incorporated herein and made part and parcel hereof with the same intent, purpose and effect as if said Agreement were set forth herein, verbatim. �VITNFSSETH: �...,..� ...�:........cs-.._.s:<........z.._...;..,..,_:..:..s...z,ow..,�..,: r.ro-,....:..a.<-_.._...:�....-�..:.u...-...m....e-e--.-..-_=a.*se-..w,::_i ,-.,n�..:..:..�...F�,..,�..�r+..��, .sw:.w...=.rrr...r-:a.:a�.e.-RVa+ar,;�...•,u*a:w:.r+w..+.a�.se-.s-n=.�+�c�ra+r..w,n+fM'�+.-. WHEREAS, The Board now possesses title to a right-of-way easement in certain real .�:�4.x5;-��§•..:r:�a'�=+�-..r,z;,�,.s•' �.:a"r�--�'+3+��t.,.FY� ;�:`;?va..;:.n,--wti,.+.-.:�i�.S+a%�e..:-:ii�.=+ca�t.,�,-rc-;x�:°r.,...;5-s�c:r�.=+,�;s'.'��'.,.��"'.R-�;("-6 � � �.�s��...' _ ' ��,+iifi:6'�t�ls�..,l estate lymg generally north of � and adJacent to Osborne Roa�; m the '�ort�i one-`�ia�f`�o�` Section 11, Township 30, Range 24, in Anoka County, said real estate being hereinafter called Premises; and WHEREAS, The City desires permission to enter upon certain portions of said Premises to construct, maintain and operate a bicycle path to be located in said easement adjacent to Osborne Road between University Avenue (T.H.47) and Commerce Lane and, WHEREAS, The Board is willing to grant said permission to the City consistent with the requirements and safety of the works of the Board; now, therefore, be it AGREED, In consideration of the mutual promises and agreements of the parties hereto: That subject to all terms and conditions contained in said Agreement between the parties 5.fl2 hereto made and entered into the I3th day of November 1963, the Board hereby grants to Permittee the permission to enter upon the necessary portions of said Premises and to there within install, maintain and carry out all Board approved operations in respect to the following: ,: 1. Said Board hereby grants to the City the right to construct, operate and maintain an eight foot wide asphalt bicycle path over the southerly one-half of the Board's•said easement in accordance with plans on file with the Board and subject to inspection by the Board. Upon notification by the City or City's cvntractor, the Board wi11 locate existing conduits in the field. 2. No heavy earth moving equipment wi11 be permitted to operate over or within five feet of the centerline of the southerly 60-inch conduit. and be it further AGREED, That it shall be the responsibility of the City to obtain all licenses or permissions necessary from any and all other public agencies and private parties that may be affected by or have an interest in the installation and operation of said aforementioned public ... __ �.s., . .. ... ��.,.. _ ,. ...:, - -- .. ..... � .,.�, �__:.,. ., . .... , _, . . _ _.... ._ _ _,_ . _ ,.. ,. - ,_ ,._ _. ,.-, _ ... w . �.._ .�.:. ,, w. . , . . . .. ,. _ . _ � . ,._ ,.�. .. . . . ... . ._ . _ _ facilities. ''.,`-��` '� �"�`+' �"�'".`�Tfiis AgreeineriE is made�andfexecuted pursuant os aiid under the authonty of R s lutio-� n�� I Numbereti adopte� by the Board of Water Commissioners of the City of Saint Paul on the day of , 1995, and of a Resolution adopted by the City Council of the City of Fridley on the day of , 1995, copies of said resolutions being annexed hereto and by this reference made part hereof the same as if set forth herein verbatim. 2 5.03 - I IN WITNFSS WHEREOF, The parties hereto have executed these presents in triplicate the day and year first above written. APPROVED: CTTY OF FRIDLEY, MI]NNESOTA : : ;� :,� BOARD OF WATER COMMISSIONERS OF THE CITY OF SAINT PAUL, MINNESOTA By Bernie R. Bullert, General Manager Dino Guerin, President ...._�...,�.,.._...:�,. .. . _ a_ ,o...-�.._w.o..�.�..�.��:._.�.,,�.�..�..�...�-.._��.,..�_�,.y:_,..�...F,�..�,..,_,��,..r�..,..,.�.�.�...�,.�,�. Saint`�''aur' Water Ui�iq � Approved as to form: Assistant City Attorney City of Saint Paul 7anet Lindgren, Secretary COUNTERSIGNED: Martha Larson, Director of Finance and Management Services, City of Saint Paul 3 5.0�. - - -------�_ , A ` :� ,, :- a � _ ��n, � � W ,, � ,� � �� - - � � � � � -�---------------- __ nia 3 ina3s � ti . _ . �� `i . - . - ._.. ^•a� _ 1 f IC1l-1A IAir1 _ ��' 7T�'—�T/V\H J7N�v..2� �LdLS 'i.:. ;r�'� - _ _ . _ . . �� ` _. . . ��{_ _ �� . • i; - — O £ :x - � - " o , - 1 w ! : •L6 — — — — —• — .� � � ' . - - �► :a -� . � , �_. ,. ...�,. ��: F..--.v,.. , _ ,.��...._ n �Q _- ..., .3� (� �..._..v...�_�....._.3�...:.Q...� ..�,,.._...,...� .,_ �. _u._�.. _ �3S. . . . _ .� � _ _ _ - ,� . _ _ . . � � _ .:�>. , A�:.�_.� � �..�.�..:..,�.:.r,.'. ._._ . . _- .a.. . - --F+r4- ..•..f>++�!B� 'w�r+s-?y:.oc.,° ..:�si—,-�:trss,. 'xcx.�. �.. � e-^<*.ta�i.��ltAfi+wtrti..�„+.�.'a � }_ � . .,� s � � h� . N M �t � � _� _ � in �� 0 " � i r- � �� O Q�p ` �N� r m m � �Q �' a �" i, W ` � W � � \ N � �l � N N � O � a- (� W d +N6 � � �� —�-� ? —�� r `n t � � L' - Q �i Z ,� � � � � � : o � LAN� � . �RGE �� G�MM ' � - � �'J I / / ��` � d' �' . � , - N � 5,05 � � 0 I 1 I :MEMOP►ANDUM _ ,� _ _ _ TO: FR�M: SUBJECT: DATE: AILLIAM W. BIIRN3, CITY MANAGER�� RICHARD D. PRIBYL, FINANCE DIRECTOR MODIFICATIONS TO THE 1994 BIIDGET July 18, 1995 Attached you will find a resolution amending appropriations to the 1994 budget in accordance with the City Charter The adjustments listed have arisen as a result of donations, unforeseen expenditures, auditor adjustments, and items budgeted in th� wrong categories. Al2 adjustments have either been informally approved by you through the Budget Reappropriation Form or made to eliminate negative variances on the Comprehensive Annual Financial Report. We request that Council approved the amendment ofthe_..attached budgets...,��._�._.._,._._w,..,r..�._�ti__�.._...__..___..__y._..�,�..�___._._,��..._.�._.��. RBF�hd]��S.n.i-.r-.a:,.. .s:.ga. .n.L�i:... -..:..:r:....<�-.=..:yt,C.t# -'.'.�3.:.�.>c:K.+-ti--�...�e.%+w.��ati.s....�::6+�.:+�'�i'.:.a>7.r'cR4R:��i.rs'+'!!�,s�RY- Attachment s.� � RESOLUTION � - 1995 A RESOLIITION AIITHORIZING CHANGES IN APPROPRIATIONS FOR THE GENERAL FIIND, CABLE T.D. FUND, GR.ANT MANAGEMENT FIIND, HRA REIMBIIRSEMENT Ft7ND, DRIIG AND GAMBLING FORFEITURE FIIND, HOIISINt� REVITALIZATION FIIND AND THE CAPITAL IMPROVEMENT FtJND FOR THE YEAR 1994. WHEREAS, the Government Finance.Officers Association requires that all line items within divisions reflect favorable account balance in the Comprehensive Annual Financial Report; and WHEREAS, the City of Fridley has involved itself in initiatives that provide for future charges and modifications that will allow for a better delivery of service, and WHEREAS, the City of Fridley had not incorporated these and other necessary changes into the adopted budget for 1994. NOW, THEREFORE, BE IT RESOLVED that the budgets of the following funds and divisions be amended as follows: _._,.�......,._Y,___..�_�..._. �,_.,.,..,�.��...�_�___.-_..,_.�_...,__,..�,.____._.._.,_: ,_. .._._._ ._ , ...�....._._,... _._.__.�.>_.._.... .�...-.�_._,..t�.�......�_..w„ GENERALFUND� ,��.:�.��:�....��•FtEUENU� AQJ:USTMEI�IT.�: �s.M;�.-_-��_��-��_ �.�,:.;a;l.�-..�.�r�_�:�„�:��.:�.,,-�.,�;a�,.,�a�-��.;�.�.�:� � DONATION - F1RE DONATION - RECREATION DONATION - RECREATION DONATION - RECREATION DONATION - RECREATION DONATION - RECREATION SALE OF PROPERTY CAPITAL LEASE OBLIGATION INSURANCE REIMBURSEMENT TOTAL REVENUE ADJUSTMENTS APPROPRIATION ADJUSTMENTS OTHER COMMISSIONS SUPPLIES/CHARGES LEGAL SUPPLIES/CHARGES P�RSONNEL ELECTIONS ACCOUNTING PERSONAL SERVICES SUPPLiES/CHARGES PERSONAL SERVICES SUPPLIES/CHARGES CAPITAL OUTLAY �.�� 1,500 2,500 1,000 6,000 4,229 1,500 i 0,422 38,999 15,435 $81,585 2,046 78,891 9C0 (900) 3,716 (3,716) FRiDLEY VFW WAABI FRIDLEY VFW FRIDLEY LIONS ClUB FRIDLEY LIONS CLUB TARGET TRADE-1N OF 1984 SiDEWALK PLOW SIDEWALK PLOW CAPITAL LEASE INSURANCE PROCEEDS FROM ACCtDENT 600 CREDIT CARD POS TERMINAL GENERAL FUND (CONTINUED) POLICE PERSONAL SERVICES SUPPLIES/CHARGES CAPITAL OUTLAY CAPITAL OUTLAY CAPITAL OUTLAY CAPITAL OUTLAY CAPITAL OUTLAY FIRE RENTAL INSPECTIONS MUNICIPAL CENTER ENGINEERING SUPPLIES/CHARGES SUPPLIES/CHARGES CAPITAL OUTLAY PERSONAL SERVICES SUPPLIES/CHARGES CAPITAL OUTLAY CAPITAL OUTLAY SUPPLIES/CHARGES CAPITAL OUTLAY PERSONAL SERVICES SUPPLIES/CHARGES (3,026) (6i3) 613 15,435 509 3,026 600 LOCKERS SQUAD CAA PURCHASE TRANSCRIBING MACHINE LOCKERS CREDIT CARD POS TERMINAL TEACH HAZ MAT COURSE PURCHASE REPLACEMENT SUPPLtES 1,500 PICKUP TRUCK 12,347 SET UP 1994 BUDGET 6,494 SET UP 1994 BUDGEf 6,211 SET UP 1994 BUDGET 2,760 FURNITURE (208j 208 (2,909) 2,909 PUBLIC WORKS PERSONAL SERVICES (20,588) ., . _ _ _. _ __ �, . , _. . ,.SUPPLIES/CHARGES. __ _. ._ 20,588 _.... _. .. _ . .. _. _.... .. __ .. . ,._ _. __ _. . ._._ SUPPLIES/CHARGES (18,830) SIDEWALK PLOW LEASE PAYMENT CAPITAL OUTL4Y 49,421 SIDEWAIK PLOW . _:_.--- .� : �. _„_,_.�;. . _:_: . ,_.•-._ _ __ -DEB�SERVICE . -_:._ _:,_. .-__-i8,830:.,": �SfDEV1iALKyPCOWLEASEPAYMEM"�._�..._: y:�:.. RECREATION NATURALIST SUPPLIES/CHARGES SUPPLtES/CHARGES CAPITAL OUTLAY PERSONAL SERVICES SUPPLIES/CHARGES PLANNING PERSONAL SERVICES SUPPLIES/CHARGES SUPPLIES/CHARGES SUPPLIES/CHARGES SUPPLIES/CHARGES SUPPLIES/CHARGES SUPPLIES/CHARGES CAPITAL OUTLAY CAPITAL OUTLAY BUILDING INSPECTION PERSONAL SERVICES SUPPLfES/CHARGES SUPPUES/CHARGES SUPPLIES/CHARGES CAPITAL OUTLAY s.o3 11,000 49ERS DAYS 4,229 SENiOR HOLiDAY PARTY 600 CREDIT CARD POS TERMINAL 1,052 (1,052) 13,193 6,413 5,250 5,250 1,917 {691) {796} 691 3,156 (50,��) 50,447 (2,360) (796) 796 CLEAN UP 513 FAIRMONT WATER CONSERVATION PLAN HAUL HOUSEHOLD RUBBISH TYPEWRITER TYPEWRITER FOR BUILDING INSPECTIONS TYPEWRITER EQUIPMENT FOR PLANNING COORDINATO EQUIPMENT FOR PLANNING COORDINATO TYPEWRITER GENERAL FUND (CONTINUED) EMERGENCY RESERVE TOTAL APPROPRIATION ADJUSTMENTS �1 �8�) (25,052) (2,760) (509j ts,2so� (5,250) (1,917) �2��) (78,891) (19,606) $81,585 3 CREDIT CARD POS TEFiMINALS SET UP 1994 RENTAL HOUSING BUDGET FURNITURE FOR RENTAL INSPECTOR TRANSCRIBING MACHINE WAiER CONSERVATION PLAN CLEAN UP 513 FAIRMONT HAUL HOUSEHOLD RUBBISH OTHER COMMISSIONS LEGAL PLANNING SPECIAL REVENUE FUNDS GRANT MANAGEMENT FUND APPROPRIATION ADJUSTMENTS SUPPLIES/CHARGES 102,800 SUPPLIES/CHARGES 125,125 CAPITAL OUTLAY (102,8001 TOTAL APPROPRIATION ADJUSTMENTS $125,125 d......�_ ..--� ,. ,. �._ . �:.,_ . . _:. ,-� .. ._: �...A- �._a .. . .. ... ... ..�,_. .. . �. _.�_ _,� ,._ w�,�. .._.,.._., ___�._ _. . _�_. _. ..�� _.�._�_..��_.,�Y..,._....___�..�....r�,�. s ry � HRA REiMBURSEMENT FUND REVENUE ADJUSTMENTS �_:.- _��: . �,.., <r �.�.3„�..� �:a... _�...m�,_.� ,� -----IIVTERGOVERNlV1EIfIT�C��L" �:�'�.��:99T.,,�=()Ir(�t7C7GET�Q �CG�Ci'��.'""�`��"�: �.;,�,�.��.F:�. APPROPRIATION ADJUSTMENTS SUPPLIES(CHARGES $9.991 UNBUDGETED ACTIVITY DRUG AND GAMBLING FORFEITURE FUND REVENUE ADJUSTMENTS FINES AND FORFEITS $1,396 UNBUDGETED ACTIVITY APPROPRIATION ADJUSTMENTS SUPPLIES/CHARGES 2,834 UNSUDGETED ACTIVITY HRA HOUSING FUND fiEVENUE ADJUSTMENTS �ENT 253 JNBUDGETED ACTIVIN OPERATiNG TRANSFERS 54,086 UNBUDGETED ACTIVITY TOTAL REVENUE ADJUSTMENTS $54,339 APPROPRIATION ADJUSTMENTS PERSONAL SERVICES 47,089 UNBUDGETED ACTIVITY SUPPLIES/CHARGES 57,282 UNBUDGETED ACTIVITY CAPITAL OUTLAY 315,373 UNBUDGETED ACTIVITY TOTAL APPROPRIATION ADJUSTMENTS $419.744 s.o� HOUSING REVlTALlZATlON FUND REVENUE ADJUSTMENTS OPERATING TRANSFERS $115,072 UNBUDGETED ACTIVITY APPROPRIATION ADJUSTMENTS PERSONAL SERVICES 8,966 UNBUDGETED ACTIVITY SUPPUES/CHARGES 106,106 UNBUDGETED ACTIVITY TOTAL APPROPRIATION ADJUSTMENTS $115.072 CAPITAL PROJECT FUNDS CAPITAL lMPROVEMENT FUND APPROPRIATION ADJUSTMENTS SUPPLtES/CHARGES (89,084) CAPITAL OUTLAY 229,834 OTHER FINANCING USES 895,295 TOTAL APPROPRIATION ADJUSTMENTS $1,036,045 ADDED PROJECTS AND BUDGETED PROJECTS IN EXCESS OF BUDGET TRANSFER TO 1993 STREET PROJECT FUND ... _....._ a. . :,....., � .., ...,. . _..� .....,.�. , , ..<_ .._. _ .. .,. . _. . -. .. .._ . . .... . _.. __.a._... . .. _ _ ._...,._,.�...�..�. ....,_. ��. _- ..,..r.. . , PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS .. ...... , .� ;...�,..,�.,,,� _ . ,. _...r� . ,,.,.,,. , _._ . ...__. �� . _ . _ . •• :sw ..�_ ...,. tr „_,w�. ..�.� .. . . .R. ,.. . . ,. _ . _ ..:�.z . . . . . � . ... - ._ _.. _ .. _ _. ,.,...._. .. ..,. . �TH '�DAY `OF , I99 5 : � ATTEST: WILLIAM J. NEE — MAYOR WILLIAM A. CHAMPA — CITY CLERK s.os � � CfiY OF FRIDLEY August 14, 1995 LICENSES Type of License: B,� Approved By: Fees: AUCTIONEER Totino-Grace High School Greg Balego David Sallman Asking Fees 135� Gardena Ave. N.E. Public Safety Director to be waive � Fridley, MN 55432 GAt�1BLING , New Brighton Ducks Unlimited John Kriptor " " " $25.f10 5141 Irondale Rd. MourJdsview, MN 55112 FOOD SALES(TEMPORARY) Spiritual Life Ministries Kari Tawfeek $45.00 135(12 Narcissus St. N.W. Andover, MN 553f14 ... „_.._ �. . QN..SALE LIQUOR(TEMPORARY�..(far 2-17-96.1.__..� ........ ... ..____.____.._._,_ _�_. .._ .__..,..N.._...._; _........w.�...,__.._.,_..� Totino-Grace High Scheol Greg Balego David Saliman $12�.�(l i_„<_ ,___,..�.... _.. • ; :.. ..... _ :.,.,_ . .��-�.-,.,.,.,;._,; _:r,..�,� :-�. .� _, -r.,.,��, �>- �- -.�.-.�•�.�,.;:..._�-,�:�n;�:,�.:. I35(f G"ardena Rve.IV.E". � .._` �`. � . � -` F`ubl`ic�-Sa`fety``Di`"recfa�"`� I Fridley, MN 55432 E �I ON SALE LIQUOR (TEMPORARY) (for 11-18-95) Totino-Grace High School Greg Balego " " " $12�•�� 135� Gardena Ave. N.E. �ridiey, MN 55432 8.01 � � crri oF FRIDLEY ��.��TRICAL R& O Elevator Company Inc 8;24 Pillsbury Ave S Bloi�mington MN 55420 GAS SERVICES E.L.K. Mechanical HVAC 1�940 Radium St NW Ramsey MN 55303 rletcher Heating BoY 5 Ni��-th Branch MN 55056 Y.JYe...� �1 � �.�I.J' Lee Arnold Bill Kerns A. Tri�as STATE OF MINN BOB ROACH Acting Bldg Ofcl Same Matti Plumbing & Heating 3509 �02 Ln N W Anc�ka MN 55303 ' . _. _ �_ .. - - _ � .._ ._.�.. �.. � _,.. _.�,u .�____.__,_. �z _...__ :, _. _a ... .�_John �atti ,Sa�►� ..�.��..�s.._._ _�� _ I2usev�lle Plb� cY� Htg in� n�. y,��:_-.��>:.�� . �.._.,r - � .:..._ ,.:_� _�.�.. ��.,,<..a,�__.�:...-.��.. ��:� -.,,�--.� � .,.,��.� ...��,.. �65+S��Owasso Bivd St �'::u: 1'VIN 55 �.� Gre��ry �Ceb Sa�nc GENERAL CONTRACTOR-COMMERCIAL Ryan Company Inc i08 West Broadway �ssev MN 55369 Howar�i Hornibrouk Westi�roak D�vciop�nent inc 15�4 W Univer5ity Ave St Paui �N 55104 BOB ROACH r�Ctlil� 8i1�� ViC;i J�h� �tiel�en Same +�iEi�'ERr�L, �'1)i�t`I'itt1�"��ii-�SlI3c,�i i IAi. *+- r-+ • r i a n• ��. t31-l.ii111 �,l)i1J�1-i.il:LlUll ��3 ttl�; �-�viv� i�{)9 iil(� HWy $ New Brighton i�iN 55112 Chip Brunn Crass Windows & Siding Inc (EXEMPT) 500 E Travelers Trl #SOQ Burnsville i�IN 55337 � Steve GarriSOn $.oz S'�ATE OF N1INN BOB ROACH Acting Bldg Gfcl Dahl, Dale Contractor (EXEMPT) 451 Maple St NE Spring Lake Park MN 55432 Deck & Door Co (5457) l 1b37 Akron Ave Inver Grove Hgts MN 55077 M.R.E. Construction Inc (2902) 10928 Jersey Ct Champlin MN 5531b Dale Dahl Robert Heidenreich Mark Ervasti BOB ROACH Acting Bldg Qfcl STATE OF MINN Same k Midwest Siding �i Rooting (20010277) 3533 Perry Ave N Crystal MN 55422 Greg Gerulis Same Right Way R�fing Inc (3999) 16475 45 Ave N � Plymouth Mn 55446 Scott Voves Same � i Wiger, David J Construction (8293) 901 Rice Creek Ter NE Fridley MN 55432 -- .. .,._..r_.__. ..._.__ __ ._ . .. . . ...__. .,.. . , __._ . _. . _..__ ..PP _� . _ __.___. ,.._---�.-.__.,.�-_._,_�.......,_�-- David Wiger Same HEATING .... ,�:. , �, ,,_..�_ � : �. � ._ - ...... � . . :. ....� ._ .r�:, _..: n .>.� .:. -;�_ _. _ . .w . _ _ ��.. _ ..� �. ._ �..:.� _. _ _.,,��. ,..z ._. ....�; �» _ �:....-s. : �. -,: �:.k..� ....�..... , . _ 4� .... . . . MechanicaI �TAC`� � � � 15940 Radium St NW BOB ROACH Ramsey MN 55303 Bill Kerns Acting Bldg Ofcl Fletcher Heating Box 5 North Branch MN 55056 Fore Mechanical Inc PO Box 130788 Rosevitle MN 551 i3 i�laster Mobile Hume Servic� 14$6 Cloud Dr Blaine MN 5��49 Matti Plumt�ing & Heating 3509 202 Ln Nw Anoka MN 55303 A. Tricas Greg Dustin B�ury Fasset John Matti 8.03 Same Same Same Same - _ Roseville Plbg & Htg 65 S Owasso Blvd St Paul MN 55117 Gregory Deeb Same MOBILE HOME INSTALLER Parco Mobile Home Service PO Box 59 Mora MN 55051 Paul Rowland STATE OF MINN 5ki's Transfer 2913 85 Ave NE Biaine MN 5�449 Don Spagenski Same Northside Mobile Home Service 17739 Swallow St NW Andover Mn 553Q+ Nliles Lubrant Same MOVING Dale Movers Inc � 7816 Central Ave N Spring Lake Park MN 55432 Mike Petersen STATE OF MINN PLUMBING ..,.._�.w.,..�. �� ........ .. .. ... . .. ,...�,� _r�.n,�. _._. .._�..._� -..�..,�.,.n�,e_,....�..._.�.� ...._ �..__._ .. �_. __...._�.__... ,. ._,.�....�„__ �,.._._4..._..�._..._.�. __..,__.��. _ Horwitz Inc �000 N iiwy 16y z . ..,..- �-,s,.�.,�..,, ,.,;.. �_ -.k � ...,� ..:....<:.. ._ .. ,W_,«.�.c-�.,: �-:.-_,,—.__ .. , .- � .st,.,�. �-y.�-.. ,.,_..., .. . -:r.-"�. <. � - -•e�_-e.�r.rrt.:,-a.a,:,a-��,.Ye.fi,.. .... - - .. ., ,-- .,..<:... ..r.w ._ ... „ ..,,.., ��'A Minneagolis 1VIN 55428 K�?-��e•Larry Swanson � STATEYOF�11!IIIVN Krumholz Company ` 3107 Lyndale Ave N Minneapolis MN 55411 Harley Oelschlager Same Mack P(umbing & Heatinb � 11274 72 Ave N MdFie gove MN 55369 Fred Mack Same Niontbriand Plumbing 2869U Green Lake Ave Chisa�u Cit,� .yi:ti S`Oi� Durrell �it�ntbrianci Same Olson Plum�ing 931 44 Avenue N E � f''• '�7 {; '� l �i cr .,,�lumhia Heibhts yIN 5_:-�_. D�ub Olson Same Robillard Plumbing 6683 Carciinal Circle Maple Grove MN 55369 doseph Robillard Same : t� Roseville Plbg & Htg Inc 65 S Owasso Blvd St Paul MN SS I 17 Ryan Plumbing 811 University Ave St Paul MN SS 104 Gregory Deeb Greg Ryan Same Same .. _ � --. _ , _ ;r,:.,__.. :,.. . . ._. :,.. ,. ,,:._. .. .,,.�,,.- ., - . .. _, -.. � , -- �._ . .... . . . �. . -_r.,_f � .. .�-, ,.. . - . .. � 8.05 � � CfTY OF FRIDLEY , ESTIMATES _ . . . AUGI�ST � 14, 1995 . .. Barna, Guzy & Steffen, Ltd. 400 Northtown Financial Plaza 200 Coon Rapids Boulevard Coon Rapids, MN 55435-5489 Services Rendered as City Attorney for the Month of July, 1995 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,863.46 F. F. Jedlicki, Inc. 14203 West 62nd Street Eden Prairie, MN 55346 � `. 4i'�L..,e..<. .._�-.... -_.. ...:-": ..�_°1t.x'.. , -.."—..i. .-.�.`- _i: -.,�i{';"..R"tl.%!i �.4�.��iyy � .. -� .v,i.'�'Y-"T•�:`L-,l3.eY.�'.H`,%riy*+M%.TS�'-Z"r;�'^s'�a';��1}�-.=p.' Clover Pond Diversion/52nd Avenue Floodway Project No. 222 FINAL ESTIMATE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,211.32 Innovative Irrigation 10008 University Avenue N.W. Coon Rapids, MN 55448 1995 Corridor Maintenance Project No. 275 � FINAL ESTIMATE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,116.38 9.01 � ESTIMATES QiY OF �� .... , . _ � .,._ ,.. .� ._. _ . - AI3Gi�ST 14, 1995 . _.: .. . ,, _..,�_ ....�_ . _.. ._.,.. _... Lunda Construction Company P.O. Box 228 Little Chute, WI 54140-0228 Locke Lake Dam Restoration Project No. 211 Estimate No. 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 39,442.06 Standard Sidewalk 29635 Neal Avenue Lindstrom, MN 55045 - ^-��...,....,rr�sN-.:..-�, � Jn,. � �fi�,,.t,...r�?§•��T":,..�.:�-.i*,.�,:a..+�r-.'a:+7t.'.�'ri7c'...-.<:�;=ie4�'t4r:^'5;�,-_r�..'�S.::iiL'v�Y�::s:ile;>`/'r?��;:*.E .R"�'^`ar,��...!�':xY �-.... — ,,.".;'.;�.t!a..Fi3�.'Y�3 '"�tr- ' n.�G'.Y+4,+�4:r. 1995 Miscellaneous Concrete Curb, Gutter and Sidewalk Project No. 279 Estimate No. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,161.60 �'� � � a � . . .. ..,. .-. ,..,., i .,_ . ,. ,. ._ . . . .. .... - . .,. .« . . _ . � . . .. , . . .. ..� . ........ . . . .. .. . . . ... ... . .. .. . . . . .. .. .. .. � ._ ... .. .. . _� .. ._ CITY OF FRIDLEY PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION 6431 University Avenue N.E. Fridley, Minnesota 55432 August 14, 1995 Honorable Mayor and City Council City of Fridley c/o William W. Burns, City Manager 6431 University Avenue N.E. Fridley, MN 55432 Council Members: ' • • � t � a.,+:.:g. ��-�xe' , ,-� . ....�.e._:..:._v.4"?'>---!`� .�..: . �... . . . ;�.:r- . . . .-.. .. ... _ . . . . r .. .. . ,. . : L -Y-. _'cc_. �- . ,. i—'v:.: _ , - ..-.--�s,. . �- .ar. "mti•:..� , _...*-^.��':.�.pc•,.:s�rr:s:•4n� . ``FY-:t:,.<> . _ ._ . . :.� . . ...- ._ �. . . .. _ . . .. .. . We hereby submit the Final Estimate for Clover Pond Diversion and 52nd Avenue Floodway Project No. 222, for F. F. Jedlicki, Inc., 14203 West 62nd St, Eden Prairie, MN 55346. We have viewed the work under contract for the construction of Clover Pond Diversion and 52nd Avenue Floodway Project No. 222 and find that 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 one year contractual maintenance bond commence on August 11, 1992. Respectfully submitted, - � �r-�;; � , - � !- John G. Flora � Director of Public Works JT:cz Prepared Checked �� _ � , August 14, 199� To: Public Works Director City of Fridley , ._ ,.. . ... , ..._.- := .. ._... :. . . ,, . . :.. _..-.. .. Y-... ..,�. ■ . .�. • � • • •' • � ! • ' • • 1 1 • • 1 � • • � � '�• i We, the undersigned, have inspected the above-mentioned project and find that the work required by the contract is substantially complete in con£ormity with the plans and specifications of the project. All deticiencies have been corrected by the contractor. Also, the work for which the I, ��;=r P,_: ;�� x Cit� feels the contractor should receiv �,reduced, price:has been agxeedtu,�on b� the contractor. � So, therefore, we recommend to you that the City approve the attached FINAL ESTIMATE for the contractor and the one-year maintenance bond, starting from the day of the final inspection that being Au�ust 1�, 1� `�- _. o�son, Construction T�spector _ - �/' � � /:/ f jj l `. % _� ' � �I2 � �",/'�-c�`-�. Contractor R/ e entative, (Title) ( �2 �� , • � � _ , , _. .< :. � � . .., . . ... . . _ . , _ . . . _. . , . , ,. _ . r .. . ._. . . . . ,.. . .. - ._ .,, . _. _ .. .y . August 14, 1995 City of �idley �- CLOVE�t POND DIVERSION, 52ND AVENUE F'LOODWAY PROJECT NO. 222 � : • •\ _ �� •: 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 spec�cations heretofore approved. The final contract cost is $109,166.00 and the final payment of $2,211.32 for the improvement project �'e+�F�.�: -s:i.#�� ..v-.-i:.:rrtis�Yn'��'+r..%sy�f�Y!.':ri.-t^e=i'.:-+»..ti�+tsR"'. .tin.-.��'.:titii..:.i`�'��Cff✓nP-�.��":Y> :��l1`ir' �.-++c�.':.�-!r4i -ait•:�`--a�-�.}'�.-:3:w':'R.'•,i�Y�[\'+3�� '16��?ABwi�leiil�-g'(!Ir . ' - �V�1f�vY�+'=' ' would cover in full, the contractor's claims against the City for all�� -F la�or, materia�s a c�'� ; other work down by the contractor under this project. I declare under the penalties of perjury that this statement is just and correct. F. F. JEDLICKI, INC. i � , ; � �?-z Frank Jedlicki, Pr�SYent 4 9.05 a . August 14, 1995 .: : City of Fridley CLOVER POND DIVERSION, 52ND AVENUE FLOODWAY PROJECT NO. 222 .. __ � z L � : �� This is to certify that F. F. Jedlicki, Inc. has abided by the Prevailing Wage Provisions as specified by the Minnesota Department of Labor and Industry for Anoka County. e.fxs.:.e:t?='��,:sr.�.,��-x- .s_' ` -, ,�.-..-x�.+�- t. :ti..�-,;,4<.;a.�-,.�b:n�+":�;a,=.:-4 r�a:5e:z-�?,��.,.:�r�v-..w;....+`� _.+�=_ ....:.�.�:-r...i.7.+ii�ta'_,;J y�••.��.i-�..�.+,:i_ � ,�..., �-k�,t,: �::�t roa . .. ��.:s_�akn�avc-. � , �w . te�- ;�..-;.,3�r: .,...: ' I declare under the penalties of perjury that this statement is just and correct. F. F. JEDLICKI, INC. J r � 1 �` , � / 1�� /, �: j� C `� , Frank Jedlicki;" resident i` / � �.��.7 CITY OF FRIDLEY PUBLIC WORKS DEPAR,TNI�NT ENGINEERING DIVISION 6431 University Avenue N.E. Fridley, Minnesota 55432 August 14, 1995 Honorable Mayor and City Council City of Fridley c/o William W. Burns, City Manager 6431 University Avenue N.E. Fridley, MN 55432 Council Members: CERTIFICATE OF THE ENGINEER %� ..:.r..,-..._;r�..:..z.e.r�...,�"3's , ..-r,-::;aai.sz:-..�>��;_sx.=.c,�:W,:*.i-.>.r=� ::�-?�.rR. .�sr,;-��.k-1.s:;•..=-.r.F.ax:i�.h:+;"sc.c:._.:r_:.:.f=i*. �t;S�.�+.#.....�r�-��r_-3�.r:7nr�vti�iY�q}�f..%*,"=��'f:r9�S+S.w:vi.r7G�+rA,i'+��+f�M+�'9r�.ti�:-. We hereby submit the Final Estimate for Corridor Maintenance Project No. 275, � for Innovative Irrigation, 10006 University Ave NW, Coon Rapids MN 55448. We have viewed the work under contract for the construction of Corridor Maintenance Project No.275 and find that the same is substantially complete in accordance with the contract documents. I recommend that �nal payment be made upon acceptance of the work by your Honorable Body. Respectfully submitted, -� -'�„� _�_ � _� `_--_ 'V John G. Flora Director of Public Works JT:cz ----� f = : .---- �-- , Prepared by : � � �� C--'�t :�--- � � Checked by: 9.07 0 August 14, 1995 To: Public Works Director � City of Fridley REPQRT ON FINAL INSPECTION FOR CITY OF FRIDLEY CORRIDOR MAINTENANCE PROJECT NO. 275 We, the undersigned, have inspected the above-mentioned project and �nd that the work required by the contract is substantially complete in conformity with the plans and specifications of the project. All de�ciencies 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 , :r.. � : contractor _ _ .. , ..,n.:....,r..:-_.._.: ---......, �..x�.�_............-_.�....atr �..��,,:.: ,-_.......:,v.�..»,��ra-.d..e,,,.r«; . . .,._ _w,;_... .+-T�.,e+r�3n- . s��:+.,.rw's�. , .:.w-t�-'i:.r�.�. �•�..:,a�.-... . r.,t��>_. 'aa-.ras. So, therefore, we recommend to you that the City approve the attached FINAL ESTIMATE for the contractor. ✓ � � r ->-:- -- __ ,�hompson, Constructio� Inspector �� . / � �j,� � ,�� ±�<-/ �.�/�Cl�L,�T �'- ' - % Contractor Represe� "�tative, (Title) v • , � � August 14, i995 City of Fridley CORRIDOR MAINTENANCE PROJECT NO. 275 � t � � i i� � �. � � 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 $24,317.86 and the final payment of $4,116.38 for the imprcvement project _,_.. _ . , . .. . .-.,_�..�..�,.,. ,_.,.. �x;-�.,.�.,:. �"would cover in�full, the contractor's cIaims against the City for a11 Iabor, 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. INNOVATIVE IRRIGATTON �-7 c i','`� � �?/��!-��, % �'/G,%��: .�t,!��..G-v�u:�l � Michael Moriarity, President 9.09 .,. i T r � � August 14, 1995 _ City of Fridley CORRIDOR MAINTENANCE PROJECT NO. 275 PREVAILING WAGE VERIFICATION This is to certify that Innovative Irrigation has abided by the Prevailing Wage Provisions as specified by the Minnesota Department of Labor and Industry for Anoka County. .. ._. : ._ , , . ,. _ . . 1 I declare under the penalties of perjury that this statement is just and correct. INNOVATNE IRRIGATION � ��/'!/� / 7" � ��(, V L7-f�� C.i'// �.c� � `� �J��(!�c/ ' . , '� / � Michael Moriarity, Preside t 9.10 C{TY OF FRfDLEY PR4JECT SUMMARY DESCRIPTION OF REQUEST: Rottlund Homes is proposing to replat the property located at the southwest comer of University Avenue and Mississippi Street. Rottlund Homes has revised the site plan, which we are calling Rottlund "Plan B Revised", to contain 48 units of senior condominiums, 24 two- story single family units, 26 one-story single family units, and 6 eight-unit buildings. The preliminary plat has not been revised because the City Council must resolve the condominium issue and other issues pertaining to the site design. The plat creates lots around each condominium building and a lot for , each of the , . . ._. ___.,__��_��_:. ____._ ._ _.. . -� townhomes: The � public �rigFit=of-�way � necessary �for th�e 3rd Streef � extension is aCso created. � A 50 foot right-of-way is proposed north of Satellite Lane, but as the road approaches Mississippi Street, it widens to 70 feet at its widest point. Outlots are created around the public/private plaza area, and the proposed ponds. SUMMARY OF ISSUES: The developer will need to record appropriate utility easements, a public access easement over the public/private plaza area and bikeway walkway areas, and the condominium documents will also need to be recorded. It is also recommended that an easement be recorded in the northeast part of the plat to provide the City with the ability to consider and construct an overpass (pedestrian bridge) or underpass to provide a connection across Mississippi Street. Park fees are also discussed. PLANNING COMMISSION ACTION: The Planning Commission recommended approval of the plat to the City Council subject to the stipulations as contained in the attached report. RECOMMENDATION: The public hearing should be closed pending direction from the City Council about the alignment of 3rd Street so that the plat can be revised accordingly. 14.0 � �, � Plat Request, P.S. #95-01 Rottlund Homes, Inc. Page 2 .....�. DEVELOPMfWf SlTE AMALYSlS # .... _,. , . . . .. ,; .. .�. ...,_ ....�_...,-_.. r_.r,�...,..,:,�-_ _x_..,.� ,.,.,.:.� ._�,.-:-...,w; � I Proposed Plat The plat wiil create the required lots for the condominium and townhome units. The plat aiso dedicates a 50 foot right-of-way for 3rd Street for a connection between Satellite Lane and Mississippi Street. The remaining streets and roadways in the development are private and are to be maintained by the homeowners association. According to state law, a condominium declaration must be recorded which provides for the operation and conduct of the homeowners association. Water and Sewer The developer has complied with the requirements of the Engineering Department regarding the water and sewer line. Two key issues were addressed. The first issue was to provide for a water and sewer line connection from 3rd Street east into the existing services in University Avenue. The Engineering Department is requesting a 30 foot easement in this area if these two lines are located immediately adjacent to one another. Secondfy, a looped water main is required at the extreme southwest corner of the plat from Kasota Court_ into the wate� -1ine. i�:.Satellite_ Lan � - �.• .�.:. _._.,. . . ... _:.� . � _ _ . . . . ...___..� ._ ._�_ _ �.�..r.._ __.-.�..x� � �._.._.�. ...r_..�.. � -,::._.. Fire hydrants shall be installed according to Dick Larson's memo dated March 21, 1995. Aevised utility plans shall be p�epared and reviewed prior to Council action on the plat. Storm Sewer The developer is revising the plan in accordance with the direction from the Engineering Department. More of the run-off will be directed toward the northeast part of the site, and the southwest portion of the site will be directed to a storm sewer which will outlet onto Satellite Lane. The City of Fridley HRA has agreed to install a storm sewer pipe along Jupiter Drive and Mercury Drive to connect into the pipe that is proposed to outlet at the intersection of Satellite Lane and Jupiter Drive. The developer is also considering another small pond just north of Satellite Lane in between 2 one-story units. A Rice Creek Watershed District permit will be required. The MPCA also requires a permit if grading is to be conducted on property over 5 acres in size. The purpose of the MCPA permit is to ensure proper inspection and erosion control during construction. A storm water pond maintenance agreement must be executed by the developer and recorded against the property. The homeowner's association will be required to maintain the pond and storm water facilities. The developer's attomey i�as submitted a memorandum objecting to this requirement. Staff will address this issue with the developer prior to august 14, 1995. 10.�2 Plat Request, P.S. #95-01 Rottlund Homes, inc. Page 3 Revised calcuiations and grading and drainage plans mus� be prepared ar�d �reviewed prior-tc> �nci! •�- � action on the plat. Condominium Documents The condominium documents must dictate that the homeowners association is responsible fior the on- going maintenance and repair of the water and sewer lines, storm sewer facilities, and private drives and roadways. tt is also suggested that if, in the future, the homeowner's association does not repair or maintain these facilities, that the City be permitted, after appropriate notification, to access the property, repair or replace the facilities and assess the homeowners association for the cost to complete the work. The condominium declaration shall also dictate what sides of the private driveways ar� to be posted as "No Parking" in accordance with Fire Department regulations. The declaration should also authorize the Public Works Department to flush the hydrants in accordance with City policies. � The association shall be responsible for plowing, and shall permit emergency vehicle access on the property. .__ _ . _ _ _ _ . _ The association must also be responsible far the maintenance of the landscaping, fencing, entry monuments, the public/private plaza area,. trail system� and ,light„ standards. _ _ _ _ _ : . _.,_ ti_ . _ , ,� A concem was raised about the ability of these units to be rented in the future. Although ai( owners of property have tF�e right to rent the unit or bui(ding in compliance with applicable laws and statutes, the City has experienced problems with speculators buying a number of units and renting them. In order to address this issue, it is suggested that the condominium declaration prohibit ownership of two or more units by the same person. In that way, it would prevent speculative ownership of the buildings. Access Through the Development The Fire Department has requested that an all weather surface road for emergency vehicle use be provided through the property. The devetoper is reluctant to provide this access. It is recommended that the existing temporary 3rd Street be left intact as long as possible, and that it be used for temporary access through the development. Some type of surface, however, must be maintained through the development during construction. Park and Recreation Fees The developer has requested �00% credit of the Park & Recreation fees since the public/private plaza is proposed to be constructed by the developer, as well as the bikeway walkway trail around the pond/water amenities in the development. The fee for each of the units is $750. If the fees were imposed, a total of $109,500 would be required. 7 0.03 Plat Request, P.S. #95-01 Rottlund Homes, Inc. Page 4 _,__. Staff recommends -tk�t 5E?%�ofi-the park fees be waived -given .that �the deveivper-.is�instaftir�g the_.�,�..._ improvements and maintaining them. The cost to the developer is at least $65,000 ($20,000 for trails and $45,000 for the plaza). This does not include the landscaping costs as shown on the plan and presented to the City Council on July 24, 1995. Because the public/private plaza is located in the Center City area, it is recommended that a public access easement be recorded over this part of the plat as well as over the bikeway walkway through the center of the development. Given that this area is in the Center City area and will be utilized by more than just the occupants of this development, consideration should be given to a reduction in the park fees. Further, the developer is proposing to construct and maintain the improvements. Future Pedestrian Over/Underpass An easement shall be retained over the northeast part of the site for future construction of an over/underpass across Mississippi Street. An area 260 feet along Mississippi Street and 150 feet deep is recommended. University Avenue will be a major transit corridor, with LRT lines or a busway lane. A system of pedestrian connections over/under Mississippi Street/University Avenue should not be ruled out at this poirrt in time. The Design Guidelines also encouraged this approach. RECQMMENDATION The Planning Commission recommended approval of PS #95-01 to the City Council with the following stipulations . , •._. _,.�,�.... _,...:_ ....._r�._ .�....�...,. .,._ .. __ _.�x _._ � . __, _�_,��.., __ _ � ... e_:�__...._� _....�..,._»�._.� ..s�__�._.� .. __.;...i �,...�_. _ �_ 1. The petitioner shall enter into and record against the property a development agreement with the City. The development agreement shall include, and the petitioner shall comply with the following stipulations: a. Construction of 3rd Street and utilities in accordance with the City of Fridley Engineering standards and specifications. b. The developer shall submit a performance or subdivision bond in the amount of 125% of the improvement cost to ensure proper instailation of the street and pub(ic utilities. c. Petitioner shatl obtain a permit from the Rice Creek Watershed District prior to issuance of the building permit. Petitioner shall comply with the requirements of the district permit. d. The petitioner shalf obtain the Minnesota Pollution Controf Agency permit for storm water management prior to grading on the property. The petitioner shall comply with the requirements of the MCPA permit. � �.�� Plat Request, P.S. #95-01 Rottlund Homes, Inc. Page 5 _ ,, .. ..:.e. The grading plan shall be amended and calculations submitted to.e�mply,with ... , the requirements of the Engineering Department, based on the revised plan as recommended by the Planning Commission and the City Council. Grading plan and calculations shal! be submitted to staff prior to final approval by the City Council. f. The petitioner shall pay the park dedication fees as required by the Park & Recreation Commission, and approved by the City Council. g. Utility lines shall be designed according to the City of Fridley's engineering standards and requirements. The City shall inspect the construction of the utilities. A plan and profile drawing of the sanitary sewer and water mains shall be submitted. 2. Rottlund Homes shatl record a condominium declaration in compliance with state statute 515A. The declaration shall include, and the petitioner shall comply with the following stipulations: � a. The association shall be responsible for the plowing maintenance and repair of the private driveways and streets. The declaration shall permit emergency vehicle access. _ b. The priyate streets shall be signed,_,"No_. Parking"_ as _ required _by. _the _F_ir.e.��.._�.._. �____. ..:....-.. � _..�._ ,... ._w. _.�.._ _... _ . . ..,:.: .�.._� .-- _ . -- -- Department. c. The association shall be responsible for the operation, maintenance and repair of the storm water system, and shall execute a storm water pond agreement. The pond agreement shall be recorded against the property. d. The association shall authorize the Public Works Department to flush the hydrants in accordance with City policies. e. The Association shall be responsible for the maintenance and/or repair of landscaping entrance monuments and buffer treatments. f. The condominium declaration shall include the final plan of the project as approved by the City Council. The declaration shall comply with the requirements of Minnesota Statute Chapter 515A. g. The condominium declaration shall require the association to repair and maintain private utilities. h. If the association does not maintain the driveways, streets and utilities after proper notification by the City of Fridley, the declaration shall permit the City of Fridley to access the property, complete the repairs and assess the cost of the property against the association. 10.05 Plat Request, P.S. #95-01 Rottlund Homes, Inc. Page 6 ., _ i. :, . The condominium declaration shall .i�lude language.. prever�ting;. owners. from. .. . owning more than two units in the development and rent them to the extent permitted by law. 3. The petitioner shall provide a 30 foot utility easement over the water and sewer line running east west between 3rd Street and University Avenue. 4. The petitioner shall record a bikeway walkway easement over the public/private plaza area and the bituminous trail through the center of the site. 5. An easement shall be recorded in the northeast comer of the plat which provides the City of Frid4ey access and the ability to construct an underpass or overpass across Mississippi Street in the future. 6. Ten foot drainage and utitity easements shall be identified on the plat along the perimeter of the project. . .aa�3-..a�..,...-.e:a�...".a�. u.....: �.':�........v ��,...,,�..-'�. :.i:--.:. .-o.:-«,:.; .:�- �.s.,'.�. .-.... ..s._Y., a -.....� .....x.. ._A� xvnwacvsn.ar... ..:-�w.fim.+�i.: . ...�Yt...f .r-�....at.s. r.�....w...� 7 0.0 6 � P Q � N .T. ��-:. , ° M�T —�.,ro . _ � �....... � - �.� ..... -�.. 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(NC. . ... �:_..: ._ _.. .. . . ,. .: � ..,.._... .. . ..:.,.__..._. _..•_,........ _ . . . ._ . . . _ ._ _ _ FACSII�IILE COVER SHEET. . Date: l�' �� Pages Sent ( nciu ing Cover):� TO: Name: ../.%�-✓G� � r/ Company: i'L<�t _ "�� Telephone: .�� 3 TZ' � ax: � ' � � �tame: `��1 LI �CC`"i'��— Companv: Telephone: FaY: _ vame: Comgany: Tclephone: Fax: Name: Company: Te!ephone: Fax: FROM: Name: DON JENSEN Company: THE ROTTLUND COMP?.1�IY FaYPhone:_(612) 638-0502 Telephone: (612) 638-0�00 i � �� ,- . , ; , ��. � .,� ��.��s6� - - G�� 0 � + �' LG � , �Gc ��G�. I The �nforma[�on cantained in rhis facsimile messa�e is orivile=ed and con.fidentiai informauon intended only for the use of [he individual of entity named above_ If the reader of this message is na[ the incended recipient, or the emplo�ee or agent responsibie to deliver i[ to the intended recipient. you are hereby natified that any dissemination, distribuuon or copying of this communication is strictly prohibited. If ��ou have received this communication in error. ptease immediately notify us by tetephone, and return the ori,inal message to us a[ che above address via the U.S. Postal �en�ice. �Ve will be happy to reimburse yaur for the postage. � P(ease Reply Original Wili F'ollow Please Repiv Immediatelv �On�i^ :I '"ill NOT Fallow No Reply �lecessary 10��8 FAX.doc �a,,,,�„o„:Q �rrowtuiun '_681 LO;vG L� R0.1D RUSEV[LL.E. 4(N i7 '.6121638-Oj00 :.�1)C i6121 G38-0501 �tOBERT A. GUZY '�BERVARD E. STEF=E� 3�lCHARD A. .lSERF:LL �EARRELL A. ; E�i � c� FFREY S. JOHNSOV Rl.'S�cLL H. CRO\1�'DER SOV P. ERICKSOv L,�WREVCE R. JOH`SON DAVID A. COSSI T c{O?�tAS [? 4tAL0\ E �tICHAEL F. HL'RLEY VIRGIL C. HERRICK • HERLtAV L. T,�LLE .;t� � ' ' � .. �.,,�J � �� ` , J _ `� Barna, Guzy & Steffen, Ltd. ATTORNEYS �T L:�\Y' 400 Northtown Financial Plaza 2Q0 Coon Rapids Boulevara Liinneapolis, LiN »-F33-�894 (61l) 780-8�00 FAX (612)180-17i7 Writer�s Direci Line: (612) 783-5120 June 8, 1995 Mr. Don Jensen I'he RottI.ur.d Campar.y, Inc. 2681 Long Lake Road Roseville, MN 55113 RE: Storm Sewer Pond Agreement Dear pon: CHARLES Vt. Sc`.'KOR,� \Y�'[LLL��( Lt. H:�vSEv D:4�iEL D. GA\'C�i. JR. 5EVERLY K. COCGc CR.�11G �1. lIYER: G�cGG V. HEFF�:Cn jA�tE� D. HOE� JOAN Li. QUADE SCOTT �t. LEPAK ELIZ�BETH A. SCH,•lD4vG _WILLIAM F HUEF�IER .- RC;BERTC. Hl'\cS 19ii•t�h?3 Enclosed please find the proposed draft of Memorandum dealing with the FridZey Storm Sewer Pond Agreement. PZease contact me so we can discuss any revisions necessary for the Memorandum. Very truly_ �ours, _ _ . K � . ,. � � .� .�=- / - _ _ .�:.. �._ , r ._._ ._ _. _ _ �. _ _.� , _. _ . . __. _ .. ._ .._ _... _N_... .._ �_ . _,..,. _ .- _..: , ,�!� `.� �_ L. � Y �. - i� Jeffrey--S. �nson JSJ:mlg Enclosure �� _ �.��#� � ;� �4Z-tn ��v�- �'-��",� L�,� i�c.�.�.'� !az�� vLCr �1•1 ai.t�.�"�(,-t�. �,-w�. c�i�titi-�cm L�-�.�� ,, / � � (,l."GL��j C,LCt'.-i..�f5 c`3t.�-c-t i/'Ltivi.EL� 1Yo'�'/►'l GC- �x.��'wc.�c�C'"+�' Y�Gc�-�t-'�� ( J �� (��6IQ GL�E"tl: �� i/� �/L�G'-(�'`�,ri�.r^,�,�'" � �.l!Z(."YCS��N't "�-[i(-L'.C('Z..%cf ca�1�tLC CG�V � cL bnotiv�.��.a-�'S�, ��, '�L� (�.��J f' ��l,i.c� u-'G`� �s TLLLtc�t'CQ�- �L��'.✓ vn �c�^i2-��. S-c,� ��v►s.a- c*� S� vvL S.�u.�.+," • An Equal � O.O��uyer - TO: FROM: RE: DATE: MEMORANDIIM � Donald Jensen Jeffrey Johnson The Rottlund Company, Inc. Fridley Storm 5ewer Pond Agreement June 8, 1995 At your request, I have reviewed an unexecuted form Storm Sewer Pond Agreement ("Agreement") generated by the City of Fridley and n.�`� °La.. �� '•c •�•' j n.� �C Vv�l� j}nz'3 '}'° s'�S:pr�l `r+rng � � -a ,.- 2 L� _ 3•^...i_r..: ?_i_j3y.... _�_ P_ �OCut�f: i72Z.4 the intersection�of Mississippi Street and University Avenue in the City of Fridley. Upon such review, I make the following observations and comments: 1. The Storm Sewer Pond Agreement which the City has presented appears to be drafted for utilization within a business park development wherein a single property owner has developed and will continue to own a business park. Within the business park development, it would have been anticipated that there are on-site detention/retention pond sewer storm systems to handle water run-off � It further takes �he -- --- --- approach that all water run-off is created exclusively by the business park development� and the detention/retention pond's are"totally encompassed within�private property. '� These basic premises are not consistent with the development you are proposing in the City of Fridley. First of all, this is not a business park of which there will be a single owner but there will be multiple owners of residential units all of whom will have fractional interest in homeowner associations of which there will be more than one. The storm water run-off will not be generated entirely from the ��..� a _ �7p , .,..,.. ' Y..,+ ; 1 i ' .,,..1 ,,.i� lv.s..�.,Ff fy r.'� �1„L �lY�:�.'�.. ♦G�I�l�..t..«2;,L wJl��. iYl.�i 'l1�VrlVa�wG usi. Vla ` �.rw.�� '��. dedicated roadways and improvements. The proposed detentionjretention ponds abut upon a dedicated public roadway. With these factual circumstances, the Storm Sewer Pond Agreement unreasonably assesses costs and liabilities to The Rottlund Company and its successors which would include individual homeowners, and several homeowner associations. 2. Obviously, once the development has been completed, Rottlund would require that it be released from any liability for repair and maintenance obligations pursuant to this Agreement. This is not adequately addressed within the Agreement and must specifically state that upon completion �0.10 of the development and transfer of all ownership interest Rottlund is relieved of further obligations under the Agreement. 3. As I stated earlier, the Agreement, I believe, unreasonably assesses obligations and liabilities to individual property owners and homeowner associations for what is commonly viewed as a municipal service. Under the Minnesota Common Interest Ownership Act, Section 515B.3-105, a homeowner's association may terminate without penalty agreements entered into by the declarant (Rottlund) which may be viewed as unconscionable to the unit owners at the time entered into under the circumstances then prevailing. The standard of unconscionability will be a fact question but it is quite possible that the associations and the unit owners may be able to meet the threshold to demonstrate the unc��-�sci�:,izai�i��i�� of t'k: i�gr2e;aE.'.^.L. ii i.:i:�Y ar� suL::ess�ul, the Agreement would no longer be enforceable by the City. I would suggest staff to attempt City maintaining sewer system. g:\realest\jsj\rottlund\fridley.agr that we address�these issues with the City to structure an acceptable method for the the on-site detention/retention pond storm 10.11 MEMO TO: BARB DACY, COMMUNITY DEVELOPMENT FROM: RICHARD LARSON, DEPUTY CHIEF DATE: MARCH 21, 1995 RE: ROTTLUND SOUTHWEST QUADRANT Issues important to the fire department: 1. Access from Mississippi St. south into Sylvan Hilis area. Contractor must provide an all-weather surface road for emergency vehicle use. This would inciude access traveling west on Mississippi St. (our normaf route). 2. Hydrant location within complex. .. . . ._ _ . ._ __.__ _. _. ,_�. .., __ . _ ._. � _.� _ . . . . _. .. _ . _. _.. _._..�_ _._. ,_____ _ _ __.., Hydrants must be located within 100 feet of any required fire department sprinkler/standpipe connection. Hydrants throughout development can be spaced no further than 400 feet apart. Hydrants that service structures or dead end roads can be no further than 175 feet from the most remove structure. 3. All measu�ements are taken along norma{ vehicle travel (curb travel) and not over yards or through open spaces. 4. All hydrants must be visible and kept clear of snow and obstruction as needed. 5. Any secure building (apartments) that have a common entrance will require the installation of a fire department approved key box for easy entrance by emergency personnel. RHUss larson4otllu�d 12 TO: FROM: DATE: SUBJECT: Traffic Barbara Dacy, Community Development Director r �� i�'Jon Wilczek, Assistant Public Works Director March 23, 1995 PW95-073 Southwest Quadrant Comments, Stonegate Redevelopment Move 3rd Street to the far west end of the project to have it line up with existing 2nd Street on the north and Jupiter Road on the south end. The westerly locaiion would fit in better with future plans and allow for more stacking distance on Mississippi Street, as well as provide for safer turning movements and merging. The direct connection to Jupiter Road ' would provide more direct access for emergency vehicles to the area south of Satellite Lane. 1 .-' - 1. 2. 3. 4. Increase pond sizes in order to lower the required flow rate out of the ponds. Increase the amount of flow going to Rice Creek. Eliminate the flow going to the northwest (bring it south or to the northeast). Decrease the flow to the south so it can be taken overland rather than piped. The amount of flow shown going to the south exceeds the capacity of the system downstream and will have to be lowered. Possible ways of lowering this flow would be to take some of the flow to the north and increasing the size of the ponds. Jon t�Vilczek is willing to sit down and go through the speci�cs on this and discuss options. 10.13 r .,� .. ..� March 24, 1995 Page 2 � � � The following changes should be made to the sanitary sewer system: 1. Both ends of Kasota Court should flow to the center court and then to Satellite Lane. 2. The three northwesterly 16 unit buildings and the westerly 24 unit building should be connected to the 15-in. line on University Avenue. 3. The 15-in. line should be accessed via the manhole just north of Kasota Drive. 4. Connect the far southwest 16 unit on Satellite Lane to the se��er on Kasota Drive. These changes would maximize the amount of sanitaiy flow going to the 15-in. trunk line on University Avenue and minimize the amount of flow going to the lift station at Sylvan Hills. The length of sewers would be about the same and the deep section of sewer along Kasota Court and 3rd Street would be much shallower. Watermain � I- � 1. Connect to the t2-in. waiermain on University Avenue just north of Kaso�a '' `�""� °� �`'°' � Drive. 2. Connect proposed 8-in. watermain on Kasota Court to the watermain on Satellite Lane at far west end of project. 3. Hydrants as needed for fire protection. Easements Will need a water and sewer easement along Kasota Drive from University Avenue to 3rd Street (the west end of the property). The easement is based on 3rd Street being moved to the westerly part of the project in order to encompass the east-west trunk lines of the project. The City will be responsible for the main line sewer and watermain within the right-of-way of the proposed 3rd �treet and the above mentioned easement. All other sewer and watermain trunk lines and all service lines would be the responsibility of the development (private lines). JW:cz ��.�� ent a few years ago and the cominissioners recommendation tournam field. at that time was to charge the $50.00/ ed for the use of stated the soccer tournament Wed CtheY should all be , Young charg . Mr was the fields and he feels if one charged. olicy must remain consistent. Mr. Kirk stated he also feels the P the clean-up 00 field or $150.00 fee would �Smreadysand the amount of The $50• � uts in getting the field work the City p afterwards. - Ms. Price to approve the request Mp_ T, ION by Mr. Young, seconded by Comm 10 and High School Main for thigg51for a for Fields Comm I, 21 through July 23. Youth Baseball tournament on July ash removal be assessed to o� $50.00 per field and that th�radditional costs incurred y fee or excess � the City for satellites, the Fridley Youth Baseball. IIPON A VOICE VOTE, ALL MEI�SBF%RS �70TING AYE, C3AIRPERSON KONDRIGR DECLARED THE MOTZON CARRIED IINANIP'��SLY. 3_ OLD BUSINESS ate Development: a_ Park Dedication for Stoneg �e iece of property is developed, Mr. Kondrick stated when a p er, The City assesses a Park Dedication fee to tRotalund Homes), because deveioper of the Stonegate Development ��o erty to the City for they will be dedicating a portion of the p P lic rivate space, has asked that their Park Dedication fee a pub /P ($109,500) be waived. Mr. Kirk stated at May meeting of the Park & Recre�esent to Commission, Mr. Don Jensen of RoeS�uthat�the dedication fees be discuss the development and requ would like waived. The commissioner�hetreq�estl�e Stated they some time to think about r. Kirk stated that Rottlund is committed to providing the M ment plan. The art of their develop If they were public/private space as P p00 square feet. their total space is estimated at based on the size of It was noted dedicatinq land to the City p00 square feet. development, it would be about 62� e ortion of the area is ark land. The staff was asked to come by one of unusablelfor pers that a larg ponds and are footage after subtracting the back with the amount of squ p00 square feet (area always ponding area. The pond area is 15► After subtracting this amount from 80,000, theY having water). ark land. arrived at 65,000 square feet of usable p 10.15 `• `\ laza � imately $65,000 for the p • S �..� liability for Rottlund's Park�XDedication would be $109,5 The ected to pay appr g of tree Rottlund is eXP stem in addition to plantin that � area and bituminous trail SY ut in larger and landscaping- Mr. Jensen had noted at the last meeting ark fees were waived, they would be able to p if the p lantings. It is Mr. Kirk's understanding, trees and more dense p onsible for putting in however, that Rottlund Homes is still resp trees and landscaping. roximately The total squ are footage of the plaza area is app 15,300 square feet. ' k stated what he believes the City Council is looking for Mr. Kir is a r ecommendation from the Park and Recreation Commission as ° t the park fees should be for a��s development and if they wha in full or ln p should be waived, Mr. Young stated he feels no fees should bThislhas not been done should be required to pay the full fees. the ast. It is not fair tobdo a�t�a�tive e If theeCity. property more saleable and visi a recedence for future waives the fee, they are setting P invested a sizable developments. He stated the City has already providing incentives for the amount of money in this development�ove that property. Rottlund CompanY t� �ome in and imp ker but a money-loser. stated redevelopment is never a break-even undertaking Ms. Dacy to a�q�lre and most as Shentlaesignificantaamount of �OneY not be able to The HRA h P ro erties. They may properties and to clear theA� this time, the negotiation on what recover all of the costs. �an will be. a ssistance Rottlund receives le devel pmentlped because the and does not know what the ultimat rice on the lan Everything is negotiated based on the salerocess before they can o through all of the planning p they must q rice, etc. No matter who devel,o�Pking _ determine the fiaa�an�lethe redevelopment is not a money- _ the southwest qu venture. ation to the projected selling e Mr. Young stated the amount that Rottlund would need to raose�y price of each unit was small in rel from the City, rice of it. He truly believes tizate��theumoneynts the pr p P ealing and if they do not g He noted there to be app rices of the units. The they will tack it on to theCpt Hall for employees to use. is already a plaza park bY ybe of great benefit to them. new plaza will not necessarily the park dedication fee of $109,500 was based on Mr. Kirk stated er unit. a figure of $750.00 p 10.16 PARRS AND RECREATION COMMISSION MEETING - JIINE 5 1995 PAGE 7 Mr. Young stated he improvements to the people living in it. providing parks for area. feels waiving of the fee allow for development which will mainly benefit the The City has the responsibility of all of Fridley and not just for one small Mr. Solberg asked if there has ever been a situation where Fridley has waived a Park Dedication Fee. Mr. Kirk stated he does not believe a fee has ever been waived. Mr. Solberg stated he agrees with much of what Mr. Young has stated. Aowever, what will happen if the City does not approve the waiving of the fees? Ms. Dacy stated the City Council and the HRA from the very beginning wanted some type of "focal point" for the development and also to tie it into the "downtown area". The City can still require a public easement over the area. She noted that the past developer for the area did not provide anything usable for the area, and Rottlund has proposed a significant amount of improvements that they will do that typically the City would not get with a developer if it was not a redevelopment project plus the easement and some amount of fees. Rottlund has also indicated that they would be responsible for the maintenance of the area. Mr. Kirk stated the past developer wanted the City to take a piece of the property and then also to maintain it. Rottlund has agreed to take over the maintenance of the property regardless of what the City chooses to do. Mr. Kondrick stated he is in agreement with Mr. Young. The $109,500 is a lot of money and those dollars are very precious to the City. There could be 30-40 smaller things that the City could use the money for. Mr. Solberg stated on the flip side, he would like to see the development look as good as possible. The park plaza may be a way to enhance the City. Perhaps a solution would be to waive a portion of the fees, with the City still receiving some revenue. Mr. Kondrick stated he feels Rottlund will develop anyway. In addition they will be maintaining the that will cost them a considerable amount of money years, perhaps the City could give them some sort percentage of the money due us. He would be more with this type of arrangement. He would not be in waiving the fees altogether. 10.17 the land area. Since over the of credits on a comfortable favor of � � - .TiTNE 5. 19 Mr. Solberg asked if only a portion of the fees are waived, would Rottlund still provide the same improvements as if they had agreed to waive the entire amount? Mr. Kirk stated he believes that this was addressed at the last meeting by Mr. Jensen of Rottlund Company. He understood that whatever the City credits to them will go back into the development. Ms. Dacy stated the developer will factor back the costs of what they have to spend in order to achieve the development. It is all a negotiation issue when it comes down to the economics of the project. It is important for the commissioners to keep true to their principles of what the City is getting back in return and how it compares with other requests. Mr. Kondrick stated if the City will not waive the fees, it is his feelings that Rottlund will make the improvements anyway. They will need to put something there that will help to market the townhomes. � Ms. Sibell asked how long Rottlund has been doing business in the ` area. Ms. Dacy stated Rottlund has been in the area for some time. They have a townhome project on Sullivan Lake and a redevelopment project pending in New Brighton. Ms. Dacy infor.ned the commissioners that if this was not a redevelopment project, Rottlund would have to do either one two things - dedicate l00 of the land or pay park dedication fees. They would just be dedicating raw land with no improvements and no maintenance. With this development, we getting an easement to the raw land as well as improvements, maintenance and possibly the fees. of are Mr. Kondrick stated he feels the park dedication fees would provide a substantial amount of money to the City to allow them to do improvements not only there but also in other areas of the City. Ms. Dacy stated what she understands the commissioners to say is that they are not really sure about how much public use the area would provide, but on the other hand the City would be getting something tangible in response. She stated she feels there should be some amount of reductiori in the fees, however that is up to the commission to decide. Mr. Young stated he does not think the average citizen will look at the park plaza as a public park. No parking will be provided other than that provided to the residents. It is likely that 10.18 i PARRS AND RECREATION COMMISSION MEETING - JIINE 5 1995 PAGE 9 residents of the townhomes would object to added congestion in the area. Mr. Solberg stated Rottlund is a profit-making entity and it is his feeling that they will find a way to pay for the improvements. They were aware of the costs up front. MOTION by Mr. Young, seconded by Ms. Price to recommend to the City Council that no Park Dedication Fees be waived for Rottlund Company and that they be required to pay the full fee of $109,500. IIPON A VOICE VOTE, ALL MEMBERS VOTING AYE, CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED IINANIMOIISLY. b. John Gargaro Memorial Mr. Kirk informed the commissioners that since the last meeting of the Park and Recreation Commission, a group of citizens came before the City Council with a petition signed by over 1,000 residents, saying that they would like to see Community Park named after John Gargaro. The City Council had an alternative to their proposal which included a coaimemorative space which would be used to recognize citizens who have made contributions towards the betterment of the community. Ms. Michele McPherson, Planning Assistant, had designed a model of this proposed area and has had an opportunity to discuss the proposal with the City Council as well as with some of the residents. Mr. Kondrick stated since the last meeting, it seems to him that there are even more people who seem to think the same as Mr. Solberg and himseif on this issue. The contributions of Mr. Gargaro are so extensive and wide spread that he deserves special recognition. With 1,000 responding to an issue such as this, it speaks much of what the community wants. He still feels the community park should be named after Mr. Gargaro, and it would be a great honor. Mr. Solberg stated Mr. Gargaro was an exceptional example. He feels that the commemorative space is a wonderful idea and that after they name John Gargaro Community Park, they should continue with the idea. Ms. Sibell stated the number of signatures on the petition represents the community's thoughts. She feels we need to reiterate to the City Council that we all need to be united on this issue and stress to the City Council how important this is to the community. Mr. Young and Ms. Price had no further comments. 10.19 _ _ _ _ CtTY C�F FRIDLEY PROJECT SUMMARY DESCRIPTION OF REQUEST: Rottfund Homes Inc. and the City of Fridley HRA are requesting a rezoning from G3, Generai Shopping and R-3, Multiple Family to S-2, Redevelopment District, in order to construct 146 townhomes and condominiums in the Center City Redevelopment District. The S-2 Redevelopment District requires plan approval by the Planning Commission, HRA, and City Council to insure consistency with the objectives of the Redevelopment Plan. RECOMMENDED ACTION: The purpose of the second public hearing is to receive public comments about additional options for the alignment of 3rd Street through the redevelopment site (see Page 3 of the staff reportj. Also, Rottlund Homes is prepared to discuss their position on construction of the condominiums. Rottlund prefers to construct the originally-proposed 48 condominiums and has agreed to negotiate the land price. Rottlund is also willing to enter into an equity participation agreement for af1 units in the project. They are also requesting a 50% reduction in park dedication fees. The hearing should be closed after all comments are received, and direction provided to staff and developer as to how to revise the plans in anticipation of approval at a subsequent City Council meeting. PLANNING COMMISSION RECOMMENDATION: The Planning Commission reviewed the project twice on March 29 and April 26, 1995. The Planning Commission recommended approval of "Plan B Revised" subject to stipulations 1- 18. 10.20 Rezoning Request, ZOA #95-01 Rottlund Homes Inc. Page 2 ROTTLUND REZONING STIPULATIONS AS RECOMMENDED BY THE PLANNING COMMISSION ON APRIL 26, 1995 1. Rottlund Homes, Inc., shall comply with the amended stipulations of P.S. #95-01 and SAV #95- 02. 2. Subject to the City and the petitioner iointly workin4 in a cooperative fashion to obtain the necessarv permits from Anoka County. Any costs associated would be �aid by the petitioner subject to the Qetitione�'s aqproval. 3. Rottlund Homes, Inc. shall execute a landscape easemerrt and maintenance agreemerrt with RAO Manufacturinq prior to qradinq the property. A co�v of the agreement shalt be submitted for staff approval prior to execution. The agreement shall require Rottfund to install an eight foot fence and coordinate qrade elevations with RAO for qroper drainaqe. 4. A$60,000 performance bond shall be submitted prior to the initiation of grading to insure installation and maintenance of the proposed landscaping as approved by the City Council. The perFormance bond shall remain in force through one growing season of vegetation proposed in the plan. 5. The developer shall submit a revised landscaping plan prior to May 15, 1995. 6. Ornamental metal fencing shall be installed along University Avenue with interspersed stone columns. Additional vegetation sha(( also be insta(led along University Avenue subject to finai approval by staff. 7. Rottlund Homes, Inc. shall obtain any necessary permits from MnDOT regarding fencing, utilities, grading, or other issues. 8. The entry features shal( be installed according to the plan prepared by Arteka dated April 20, 1996. 9. Rottlund Homes, tnc. shall desiqn the public/private .plaza within the budget constraints determined after collecting the recommendations of the Planninq Commission, Parks and Recreation Commission, and the City Council. 10. The bituminous bikeway/walkway shall be eight feet in width. 11. All utility boxes or other minor accessory structures shall be properly screened with vegetation or decorative fencinq, per the ru(es of the utilitv companies and the Citv of Fridley. 12. The lightina standards afong 3rd Street are to be worked out between the developer and Cittc staff. 13. Additional single IocL be light standards shall be installed in the southeast part of the site for the attached units, dependinq on the photometric needs of the drivewaY areas. 10.21 Rezoning Request, ZOA #95-01 Rottlund Homes inc. Page 3 14. Revised architectural plans shafl be submitted showing additional brick fascia on all housing types prior to May 15, 1995. � 15. Vision 2000 windows or an equivalent approved by the City shall be installed in all units. 16. A list ot irrterior product manufacturers and types shall be submitted for all housing types by May 15, 1995. 17. The condominium declaration shall contain language providing for the repair, replacement, and maintenance of the light fixtures in the development excluding the fixtures in the public right of way. 18. Rottlund Homes, Inc. shall enter into a development contract with the Fridley Hous;ng and Redevelopment Authority and shall comply with all of its provisions. DEVELOPMENT SITE ANALYSIS 3rd Street Intersection A number of issues have been researched since the first pubfic hearing on July 24, 1995: 1. History of neighborhood concems to the north of Mississippi Street. 2. Completed additional trafific counts at 2nd Street, Mississippi Street, Holly Center, and existing 3rd Street. 3. Developed seven options for evaluation (Options #1, #2, #3A -#3D, and #4). 4. Met with Anoka County staff about the options; response anticipated by Monday night. 5. Community Development Director was invited to Holly Center Tenants Association meeting on August 10, 1995. 6. Met with homeowner adjacent to Jupiter Drive/Satellite Lane intersection. Historv of neiahborhood concerns to the north of Mississippi Street After a thorough search through a variety of files, the neighborhood to the north of Mississippi Street submitted two petitions in regards to the 2nd Street intersection. The first was in response to the 1990 Stylmark variance request, and the second was in response to the Fridley Bus Company special use permit request. The May 7, 1990 City Council meeting minutes regarding Stylmark's application contains comments about the traffic issues at 2nd Street. Councilman Fitzpatrick stated that "...the real problem is the traffic, but felt the variance request would not affect the traffic situation. He stated there are a lot of problems associated with Mississippi Street and the southwest quadrant, and he sympathizes with the residents regarding the traffic problem." There are no corresponding City Council 10.22 Rezoning Request, ZOA #95-01 Rottlund Homes Inc. Page 4 minutes for the Fridley Bus Company request since they withdrew the request prior to City Counci! consideration. The Planning Commission minutes refer to comments from the Community Development Director who states that the "...City is well aware of the concem about the traffic from 2nd Street onto Mississippi Street. The City is in the process of working with Anoka Courrty fnr a traffic light; however, it does not appear that this wilt take place in the immediate future." In 1991, the City sti(I anticipated a major entrance opposite 2nd Street as part of the redevelopment project. During this timeframe, a proposal from Target was considered where the main road was opposite 2nd Street, and the traific intensity was greater than that which is being considered as part of the Rottlund plan. As part of the file search, there was no documentation in the mid 1980's of the County "promising" a traffic light. Their policy has been, and continues to be, that they will not schedule signalization improvements until the threshold warrants are met, and the item is placed in the capital improvement plan for implementation. Completed additional traffic counts at 2nd Street Mississippi Street and existing 3rd Street BRW Inc. conducted an additional study of the traffic counts and the speed of cars on Mississippi Street. The numbers are currently being compiled at the preparation of this report, and the traffic consultant will be prepared to review the findings at Monday's public hearing. The traffic consultant from BRW will be present at Monday's meeting to review the traffic impacts of each of the options. The analysis of the warrants are now being compieted, and wifl not be available until Monday evening. Public comment, however, should be solicited about these options. DeveloQed six options for evaluation Six options were developed for further evaluation by City and County staff and the City Council. Option #1 is essentially the proposed development option by shifting the Holly Center driveway 35 feet to the east. Option #2 would create an intersection opposite 2nd Street, and no other access points into the Stonegate development. There are four sub-options to Option #3, which is a "combination" option. The combination proposes a variety of parings to link the 2nd Street traffic with Holly Center traffic (see enclosed diagrams). Option #4 proposes private driveways at 2nd Street and using the existing location of 3rd Street. Met with Anoka County staff about the oqtions� response anticiqated by Mondav night Anoka County staff has reviewed these options and wil! submit a response for City Council consideration by Monday night. Option #1 as proposed requires approximately $162,000 worth of improvements. Option #2 was initially preferred by Anoka County because it has the most amount of distance from University Avenue. Preliminary analysis of the traffic counts, however, show that there is not enough vo(ume of traffic to warrant a traffic light at that location. If the City Council wishes to have a signal insta(led at 2nd Street, it would have to assume the $100,000 cost for instailation. The combination option entails more land acquisition, either through an easement between the apartment building and the office building, or outright acquisition of the office building itseff. Of the four sub- 10.23 Rezoning Request, ZOA #95-01 Rottlund Homes Inc. Page 5 options, Option #3D may be the best since it wouid provide a right-in, right-out at 2nd Street fior the residents, and also combine Holly Center and 2nd Street traffic. The drawback to this option, however, is that it adds redevelopment costs to the project; approximately $250,000. Communitv Development Director was invited to HoNy Center Tenants Association meeting on August 10, 1995. The Community Development Director attended the Holly Center Tenants Association meeting on August 10, 1995 and brought the tenants up-to-date about the development and the road options. !t is anticipated that the City Councit will receive a petition from the Holly Center tenants. Met with homeowner adiacent to JuPiter Drive/Satellite Lane intersection Staff met with Mr. and Mrs. Randy Ahrens to tatk about the idea of straightening out the Jupiter Drive/Satellite Lane intersection. The Ahrens were not supportive of the proposal until a more detailed design could be shown to them. Staff is hoping to do that prior to Monday's meeting. Also discussed with the Ahrens' was the possibility of creating a small detention pond as part of the intersection improvement. The Ahrens' objected to this idea. CONDOMINIUM CONSTRUCTION The City Council and the HRA asked staff to meet with Rottlund Homes to determine if there could be any significant cost savings in constructing one condominium building versus the two 24unit condominium buildings. Further, additional marketing information was requested about the proposed sale price of the ur,its. Rottlund stated that the four-story construction does not include masonry construction because the building code permits wood frame construction if a11 of the stories are fully sprinklered. Consolidating the two buildings into one thre�story building is possible, but does not provide the significant cost savings that was originally anticipated. Further, Rottlund does not want to reduce the size of the unit. Reducing the size of the unit would not produce significant cost savings and would act more as a deterrent for sale of the unit. The intent of marketing the unit at its proposed size is to match some of the existing amenities that potential buyers currentiy have in a typical rambler. Existing Fridley seniors may own homes in the range of $80,000 -$100,000, and Rottlund does not beiieve that they will buy the same size unit or smaller at a higher price. Rotttund Homes prefers to build the fwo 24unit buildings. They have also agreed to pay a negotiated fand price as opposed to providing the land to them at no cost. Staff is stiil negotiating with Rcttlund on the land price in order to report to the HRA by September. In addition, Rottlund is w+lling to enter into an equity participation agreement on all of the units within the development above an agreed-upon sale price. Further, they are requesting a 50% reduction in the park dedication fees. ROTTLUND "PLAN B REVISED" The Planning Commission recommended approva! of "Plan B Revised". A summary matrix of the different plans is attached and all plans have been submitted to the City Councif. Four housing types 10.24 Rezoning Request, ZOA #95-01 Rottlund Homes Inc. Page 6 are now proposed: 48 senior condominiums (the developer is following through with recent City Council and HRA direction), 6 eight-unit attached condominiums, 24 two-story detached townhomes ("villas'�, and 26 one-story townhomes ("cottages"). Two key issues were discussed by the Planning Commission which dictated a change in the housing types and density. First, concem was raised about the originally proposed six 16-unit attached buildings in the northwest and southeast comer of the site. The concems were: ♦ Future salability of the unit ♦ Narrow width of the interior units ♦ Amount of asphalt surrounding the buildings ♦ Lack of semi-private open space ♦ Density of the development The developer addressed the concems by creating eight-unit buildings in the southeast comer of the site, and proposed a fourth housing type in the northwest comer. A two-story detached tovmhome ranging in sale price from $115,000 to $145,000 is proposed. Three floor plans are proposed; one with a master bedroom on the flrst floor (see attached matrix on housing types). The second concem was the location of the 3rd Street intersection. The plan submitted to the Planning Commission showed the intersection just west of the median in Mississippi Street The Planning Commission reviewed four alternatives for the 3rd Street alignment and the pros and cons of each (see attached matrix). The recommendation was to pursue the intersection alignment proposed in Plan B Revised where 3rd Street is located 35 feet east of the existing location. The access to Holly Center is also proposed to be realigned. LANDSCAPING/BUFFERS/ENTRY DESIGN BufFers are proposed along Mississippi Street, University Avenue, and a portion of the common lot line in the nvrthwest part of the site with RAO Manufacturing. The Mississippi Street buffer will be eight feet in height at installation. Proposed is an altemating scheme of arborvitae and stone-like columns. Two foot berm will also be provided in some areas. The buffer is accented by a mixture of deciduous and evergreen trees. Along University Avenue, a six foot vinyi clad chain link fence with decorative stone-like columns is proposed with vegetation along the fence line. Small berms wiil also be added. MnDOT has been contacted to determine if an aitemative to the chain link woutd be acceptable, and to insure that the decorative fence woufd in fact replace a chain link fence from being installed by MnDOT. Altematives to the vinyl clad chain link fence would include a wrought iron or a meta( decorative fence. Because of the appearance of chain link and because of the opportunity to set a standard for future redeveiopment projects along the University Avenue corridor, it is recommended that the chain link material be avoided and that another materia( be used which provides the same amount of security, but has a better appearance. MnDOT is agreeable to this option (see (etter dated May 15, 1995}, 10.25 Rezoning Request, ZOA #95-01 Rottlund Homes Inc. Page 7 The fencing along University Avenue shouid also be rounded at the top or not contain any sharp edges. Hopefuliy, children wiil not try to scale the fence, but in case that it does happer�, it should be designed appropriately. Further, because the fence will form an edge between the development and the MnDOT right-0f-way, it should be designed for additional stress irom additiona! snow 4oads. There may be a need for more supports along the alignment of the fence. Along the westerly lot line and the common lot lines with RAO Manufacturing, a six foot wooden shadow box screen fence is proposed. Further discussion about the transition to RAO is provided later. The developer has revised the landscape plan according to the Planning Commission's direction. A performance bond in the amount of $60,000 shall be submitted to insure installation of the landscaping as required and shall be held until one full growing season has occurred for all materials. The developer's landscape consultant has submitted a plan detail for the entry features on Mississippi Street. The plan appears to provide for a 25 foot site distance triangle. The monument is a cast stone wall with the project identification sign located in the middle. One monument is proposed on the west side of the intersection. The plan also shows the monument flanked by omamental metal fencing with stone columns. Flowers are proposed to be pfanted in front of the monument. Design of the Public/Private Plaza The developer has prepared a more detailed concept plan for the public/private plaza in the northeast part of the site. The developer is requesting a 100% credit o� the required park dedication fees since the developer is designing, installing, and maintaining the plaza. Further, the developer will grant a public easement over the plaza and the proposed trail and park areas in the middle of the plat. The Parks and Recreation Commission reviewed the design of the �laza and recommended denia! of the request to waive the fees. The pa�4c fees total $109,500 ($750/unit). The Commission questioned the amount of public use the park would receive and felt it was a very large amount to waive. The Commission felt that it was really the developer's park and that it would be constructed anyway. Staff recommends a 50% reduction based on the fact that the developer is constructing and maintaining the improvements at a cost of at least $65,Q00 ($20,QQ0 for the trails and $45,000 for the plaza). Architecture The architect, Tim Whitten, has prepared a written description of the architectural concepts of the development as well as individual descriptions of each of the housing clusters. The staff anafysis of the architectural concepts attached in a separate memo. In general, the proposed plan meets the goals of the design guidelines, and incorporates many suggested features including: A. Design flexibility in the one-story, empty nester product. 1o.zs Rezoning Request, ZOA #95-01 Rottlund Homes Inc. Page 8 B. Incorporation of bay windows in the eight-unit, young professional buildings. C. Higher quality window design for sound insulation. D. Underground parking for the senior condominiums. E. Compatible building heights with the neighborhood to the south and taller buildings near University Avenue. F. Variety of options for colors on the finro-story and one-story units. G. Intersecting building facades with high pitched roofs, dormers, and stepped building facades. Brick has been the central architectural feature in the Center City district as wefl as elsewhere in the community. Norwood Square, the recently constructed senior apartment building, was required to be 100% brick exterior. The remaining office buildings in the southeast quadrant were also� required to have brick exteriors. During the design guideline development, it was discussed that the materials should be considered in relation to the design of the building versus a mandate of 100% brick. The proposed plan incorporates brick around one-story of the senior units and brick accents around the garages in the one-story and two-story units. The eight-unit buildings appear to have brick at entrance steps and the garages. Staff recommends the following: A. Adding brick on the senior units on the second and third stories on the "columns" of the building and on the front elevations of the building which extend in front of the main entrance. B. Extending the brick features around the entrances (including the area above the window above the door) of the units in the eight-unit buildings. C. There are several options with the empty nester product. One option has the side of the garage facing the street; brick could be added on this wall. Another option has brick flanking the garage doors facing the street; brick could be added to the front of the living area to tie in with the brick on the garage. D. Additional areas for brick on the two-story units would also help to tie the entrance with the garage. In general, the exterior is very appealing and well designed. Because of the City's past design preferences and because of its durability and attractiveness, additional brick on the exterior should be considered. 10.27 Rezoning Request, ZOA #95-01 Rottiund Homes Inc. Page 9 - Any utility boxes or other minor strvctures must be properiy screened by vegetation or decorative fencing. Plan details must be submitted at time of building permit issuance. The Vsion 2000 windows as proposed by the architect shall be installed on all units. Lighting Three 25 foot taA shoebox style lights are proposed along 3rd Street. Decorative acom single globe fixtures (see enclosed detail) at 15 feet tall are proposed along the trail and at strategic points on the private driveways. The revised plan, however, does not indicate any light in the vicinity of the eight- unit buildings. Decorative lighting should be extended in this area. The proposed 15 foot light standard is attractive and emulates the City's light standards on Mississippi Street. It is so attractive in fact that the double globe standard is recommended rather than the shoebox style lights within the public right-of-way. The decorative standard provides a unique and distinct appearance for the development. The Planning Commission recommended that staff work with the developer about this concept. � The eondominium declaration shall contain language insuring proper maintenance and replacement of fixtures not within the public right-of-way. RAO Manufacturing The owners of RAO Manufacturing are investigating noise barrier improvements and parking area modifications. City staff determined that the noise from RAO at peak periods is below the maximum levels. RAO wants to resolve noise issues as soon as possible to prevent f�ature concems from Stonegate residents. The developer's proposed six to eight foot privacy fence along the common west lot line will help. RAO and the developer have agreed to a landscape and drainage plan along the common lot line. RECOMMENDATION The City Council should receive public comment, provide feedback to the developer about the key issues discussed above, and close the public hearing. Detailed plans will be prepared for final action at a subsequent City Council meeting. 1 �.2$ � CITY Ol' FI;IDT.EY PET L'iION C()'.�: Ft SHEET Petition ho. 5-1990 Date F.eceived May 2, 1990 G�bject 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 �3y Per.cent Signing Referrcd to City C.ouaciZ Disposition Date 10.29 ✓ %1�1 Y_ �G' �_. � L'�(��"�i c�.�� _ _ _ - G� _ ,� � =C %YYL Gl-�L� � _ _ -- L��- - / GL2�� C�C% �� ! �. _ Gz2"� _ .� --- - ---._ _. _ _ - ---- --- --------. - � ` / , _ C� --- --- , - , �� ''� - - -,��_ _ �Cl� �'%C� � �� - ; � , d� _ .. ,�-C-C!'� � . �'—c.� . � �� - � - _- �c'O --- - -- - `��L l ��,� �-�ZCI _ G�2 -�- - �- l � �� ^ _ - - , � ��: �,� � . �i�`�-.� �' , � /� - _ �� , , , ,� ^ -- -- - _-- -- -- -- - �-�!`?�'L-�" _ _ _ _ , _ __ �r�-a-- _ . C� _ ��L ��/Y'� - - y'� __C -C� _ � _ _ _ _ _ � _ . . _ _ - -- ---- ----------=--- -------- �� . - - _.�/"G�. �- --�� l�'l��-� �� -�' ��"J - - -�----- -- --- _ - -- � �. Q�n C� ��I S � � - -� \2 6��wS\i `\ . G1.� � _ �/�-�/._I. �L�?�i' -�� ' -- -- - _ _ __. �. 5 � �' ��. . - -- — --- - M.�v __ o �,,.�d � �rs- -�c�- _�?e �� .. - �� . �►�� ' �.�.,�, -�e�.�. _�;,t�-- - � � , � _ . ... _ - - �--------- �� . �;�''�.� e-�%L� �� . _ ,G _- - -- --- �� , . _- ---- ----�-------..----------- _ _ _.__ . ___ . ._— -�� "' � ��- ��'� � _ '��Lcr�Iv _ _ - - ------------ ----------------- ------------- ; , � _.. _ _ � . - --� -- - �- - �, - - - -- --------�— - — — ��,Y.j--°� - ��'yl%_GZ,--Gt' --- � -_ _. -- ---------- ; � -- -- — _ _. _. _- ---P-- - / � -\ �__..__._-�------ ._ ._.---- -- - - ------- - - - --- -- ---- ------- ----- —�/--/ � --'�`�'�C/_---��— -- �.�.� M .G S ' �� ------ - --- --- - ----- - - ----- -----..-- - --�-��- - � � �, FRIDLEY CITY COUNCIL MEETING OF MAY 7. 1990 _ PAGE 7 Mr. Flora, Public Works Director, presented an ae 'a'rphoto of this area and all homes have different setbacks: _ MOTION by Councilman Schneider to adapt Resolution No. 3I-1990 with the five stipulations attac as� xhibit A. Seconded by Councilwoman Jorgenson. II voice vote, all votirig aye, Mayor Nee declared the moti � rried unanimously. MOTION by Co i-3'man Fitzpatrick to receive the minutes of the Planning ommission Meeting of April 25, 1990. Seconded by Coun ' an Schneider. Upon a voice vote, all voting aye, Mayor Nee ared the motion carried unanimously. 5. RECEZVE AN ITEM FROM THE MINUTES OF THE APPEALS COMMISSION MEETING OF MAY 1, 1990: A. VARIANCE RE4UEST VAR #90-07 TO REDUCE THE RE4UIRED SETBACK FRCM A RIGHT-OF-WAY ABUTTING A RESIDENTIAL DISTRICT FROM 100 FEE 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 OFFZCE SPACE IN CONJUNCTION WITH A GENERAL OVERALL BUILDING EXPANSZON PROJECT� ON LOTS 2 THROUGH 10 BLOCK 6. RICE CREEK__ PLAZA SOUTH �1DDITION AND LOT 20 BLOCK 5 LOWELL ADDITION THE SAME BEING 6536 MAIN STREET N.E.. BY STYLMARK, INC.: Ms. Dacy, Planning Coordinator, stated this a request for two variances for property located to the west of Main Street and north of Mississippi Street. She.stated the property is zoned M-1 with R-1 and R-3 property to the east. . Ms. Dacy stated one variance is to reduce the one hundred foot front yard setback to a12ow construction of a 60 by 96 foot addition onto the existing building. She stated the proposed encroachment would be 41.9 feet and, at one point, the request is to go to 37 feet for an architectural feature around the entry into the offices. She stated the other variance is to reduce the required five foot separation between a parking area and the wall of the buildinq to zero feet. Ms. Dacy stated the petitioner is proposing to add a receiving area, an office area, and to extend their shipping and manufacturing area. Ms. Dacy stated the Appeals Commission recommended approval of both the variances with six stipulations for the front yard variance and one stipulation on the variance pertaining to the separation of the wall and parking area. She stated'some concerns were traffic, the issue of property values, and the company's ability to expand in the future. 10.31 _/ , � FRIDLEY CZTY COIINCIL MEETING OF 2sAY 7. 1990 PAGE 8 Ms. Dacy stated the City Assessor was contacted regarding the property value issue and he advised that the current value of the homes along Main Street already reflect the existence of the industrial zoning. She stated the Assessor advised he had no plans to change the values as a result of this proposed expansion. Ms. Dacy stated in regard to any expansion of Stylmark's facility, lot coverage requirements have to be met, property reserved for parking if additional parking was required, and a permit needed from the Rice Creek Watershed District regarding storm water management. She felt the Watershed Distric� may require an on-site retention pond. Ms. Dacy stated the neighborhood requested traffic counts of this intersection at 2nd and Mississippi Streets. She stated these traffic counts were done last Wednesday and this afternoor�. She stated the best time to obtain these counts was between 3:30 and 5:30 p.m. at the peak periods. She stated the traffic count involved three different traffic movements;,_neighborhood traffic using_2nd"Street; traffic�:that_:enters_on 2nd.Street.and uses the frontage road to go onto Main.�Street,. _and traffic from the Fridl�y Bus Company- which uses 2nd` Street and= the frontage= road. Ms. Dacy stated neighborhood traffic peaks around 5 p.m. were about 35 cars. She stated the Stylmark traffic or traffic attributable to Main Street had 51 cars leaving at 5 p.m. within a five minute time period. She stated the Fridley Bus Company traffic peaks at 4:30 p.m. and gradually declines to 4:45 p.m. Councilman Fitzpatrick stated this intersection has been discussed� many times in conjunction with development plans for the southwest _�� quadrant of University and Mississippi.: He stated with no concrete plans, the problem has not been dealt with at this time. Mr. Brink, the petitioner, stated more office space is needed for their present employees and their plans did not involve hiring more employees. He stated their plan is to install underground parking and over sixty percent of the asphalt would be removed. Mr. Brink stated all the shipping will be moved from the north to the west and the entire north addition will have underground parking. He stated the entry and exit onto Main Street will also be moved further to the north. Mr. Wintersteen, 6661 Main Street, felt Stylmark is going too far with this expansion. He stated he did not object to the other variances, but the park and playground is directly across the street from where the traffic will exit from the underground parking garage. He stated the other exit will be near the apartment complex. He felt Stylmark should not be allowed to install an underground parking facility. 10.32 • �. � � Councilman Fitzpatrick ffic andhit seunfortunate thissproblem frustration is with the tr has not been solved. ' Ms. Dacy stated the petiti�he west s de or from the servi elroad limit access and exit from Mr. Brink stated factorye u ed b C ff ce workers a d vi it rsd tHe parking in front could b y arking ramp, the stated with construction of an underground p parking in front will actually be reduced. Mr. Wintersteen stated he did not want any traffic coming onto Main Street. Councilman Schneider stated there are now 35 parking spaces and these vehicles access onto Main Street and after the construction, there would be less parking spaces in the front. Councilman Billings asked Mr. Wintersteen if he had a problem with the expansion or with the underground parking. Mr. Wintersteen stated he just did nso� ar s dent'stdrivewayn Main Street as they would be exiting by Councilman Billings stated the question before the Council is but the construction of the warehouse with underground parking, whether to allow a variance to expand the office space. Mr. Gary Martel stated he lives across the street and has no problem with the factory. He stated he understands Mr. Brink is just trying to move his parking underground and it would not change the traffic flow. Mr. Rohan, 6705 Main Street, stated the flow of traffic would change because the exits w a l�out the dra nage pondb and •if Ht stated he was also concerne would be fenced. Mr. Brink stated his contractar is working with the Rice Creek Watershed District and the City on this issue and they would comply with whatever requirements were necessary. Mr. Rohan felt a pond is a hazard for children in the area. Mr. Flora, Public Works Director, stated he has fenced enHe stated for the detention pond, but they are not usually the purpose of the pond is t�eaethese ponds ware usually dry within short period of time. He sta four to six hours after a rainstorm. 10.33 � �. FRIDLEY CITY COIINCIL MEETING CF MAY 7, 1990 PAGE 10 Mr. Herrick, City Attorney, stated often this retention pond consists of part of the green area that cctuld hold six to twelve inches of water for a short period of time or a depression in the parking lot to allow a few inches of water to stand. He stated they are not talking about a big or deep pond. Mr. Rohan stated if a pond is necessary, he would like to be notified so he knows what is going to be done. Mr. Brink stated he hoped to have a plan by the end of the week for review by City staff and then to be submitted to the Rice Creek Watershed District. � Councilman Billings asked Mr. Rohan if he was opposed to the expansion of the office space. Mr. Rohan stated at this time, he was opposed. ' Councilman Billings stated if the variance is not approved, Mr. Brink could still build the warehouse facility and install the driveways as shown on the plan. - � Councilman Billings asked Mr. Rohan if he felt the expansion of the office space would create additional traffic in the neighborhood. Mr. Rohan stated there would be new employees and more cars and it seems no consideration was given to the traffic. He felt this issue has to be addressed. Councilman Fitzpatrick stated the real problem is the traffic, but � felt the variance request would not affect the traffic situation. �!� He stated there are a lot of problems associated with Mississippi � Street and the southwest quadrant and he sympathizes with the � residents regarding the traffic problem. Mr. Bruce Lundberg, 230 Rice Creek Terrace, stated he had no objections to the variance. He stated he is concerned with the traffic and the bottleneck at 2nd Street. He urged the Council to" try and find a solution to the problem at this intersection.'' MOTION by Councilman Fitzpatrick to grant that portion of variance request, VAR #90-07, 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 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) 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 i�0.34 MEMORANDUM � DATE: August 18, 1991 TO: Community Development Department, Pianning Division, City of Fridley FROM: Rice Creek Plaza Neighborhood SUBJECT: Illegai Activities at Fridiey Bus Company � As concerned residents of the Rice Creek Plaza neighborhood, we would like to make our concerns and recommendatiorts known to the planning division and City Councii regarding the use of the property known as Fridley Bus Company. The use of this property has far exceeded the original intent and stipulations of the building permit No. 12392 issued November 16, 1973. It appears that the company may as welf have outgrown the intended use of the facilities. The attached documents and correspondence describes the iilegal activities and. noncompliance witF� the building permit and stipulations. We wili not restate them for the purpose of this petition. We do wish to make the following recommendations known to the planning division. 1. That Fridley Bus Company adhere to stipulation No. 9 of the building permit and refrain from parking buses outside the existing building. 2. That Fridley Bus Company replant trees and shrubs on _both sides of the new fence to completely cover the fence from the east side and to conform with stipulation No. 4(eas#erly 70 feet of property be left in vegetation). 3. The City obtain an easement and establish a walkway i� accordance with stipulation No. 2. �. 10.35 � � FRIDLEY CITY COUNCIL MEETING OF MAY 7. 1990 PAGE 2 Ms. Corinne Prindle, a representative of the Senior Board, accepted this proclamation and thanked the Council �for all they have done for the seniors. APPROVAL OF MINUTES: � ' � ,. COUNCIL MEETING, APRIL 23. 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 mo�on carried�unanimously. ADOPTION OF AGENDA: MOTION by Council�man Schneider to adopt the agenda as submitted. Seconded by Conncilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor�Nee declared the motion carried unanimously. TRAFFIC ON MAIN STREET: Councilman Fitzpatrick stated there were several persons here this `; evening who live on -Main:Street and wished to comment on the '� traffic problems in their area., ( Mr. Kevin Rohan, 6705 Main Street, understands that Stylmark is - requestinq a variance to expand and his concern is the underground -�-- --� �- • parking as there is only one entrance and exit to this area. He ;iti felt the quality of the neighborMood would deteriorate. E� Mr. Dan Wintersteen, 6661 Main Street, stated there is enough �, traffic in the area and they also have buses going down their streets. He stated the.traffic affects the entire neighborhood, �� but only fourteen persons received notification of this variance ; request by Stylmark. He stated a petition was circulated and ; everyone he contacted signed it. He stated they did not want'�any � additional traffic in their neighborhood as there is only one means � of ingress and eqress. He stated he was not in favor of any ; parking ramp. �' Councilman Fitzpatrick stated the variance request by Stylmark is on the agenda this evening and residents in the area would have a chance to address this question when the item is discussed. VFW PRESENTATION: Mr. Tod Nessman, Commander of Fridley VFW Post -63; fpresented a check for $12,500 to the Fridley Fire De a-r�tment for the purchase of new radio equipment. i 0.36 _ , CITY OF FRIDLEY PETITION COVER SHEET PETITION NO.: 4 - 1991 DATE RECEIVED: 8/21 /91 OBJECT: ILLEGAL ACTIVI�"��S AT THE FRIDLEY BUS C�DMPANY FROM THE RICE CREEK PLAZA NEIGHBORHOOD PETITION CHECRED BY: DATE: PERCENT OF SIGNING: . . ,:. REFERRED TO CITY COIINCIL: DISPOSITION: 10.37 � Page Two Community Devefopment Department Pianning Division, City of Fridley 4. That the City investigate the apparent poilution caused by the storage and refueling of buses on the west end of the building. it appears that diesel fuel is running into Rice Creek. 5. That only limited exterior lighting be allowed so that visual pollution is kept to a minimum (lighting be limited so that it is not visible from the east of the property. � 6. That the C'�ty studies the traffic flow from 2nd Street to Mississippi Street. With the expansion of Stylmaric and the number of buses and cars at Fridley .Bus Company, this is becoming a major concern. As you are aware, that is basically the only exit/e�trance for the entire Rice Creek Plaza neighborhood. NAME � �-� ` , ,- �-� ��- � -�- � �% �� z -� �� C,�. � �: � �-G ��c-:.« � , �' . I , Y. ' j'� � ' ; rr C}=-l',-��1 v`�� (�P�-Ct�`�` c ---,ti �.i� . � � �'e-,-� � L� '1 `=��,��' ��-��. . �' �� r ,�� yr1 c�� . i�s- 7r L �l�rac...> / ADDRESS . _ ,.., 3 _ �� C�� (. . � 1 � � � �� l .� � `z._ � c � ; �',��: - G ��:� L� �-L.,�...<. � � % �� '-�Z ��e�t._ . a 3`� �'' c� � r c.�-L� T<-�t �: �/ � j � ��. c_e_ �.��c�. I��h �. r.�J I 9 l (� r�P �� -�� e l9i /�o l�U / �O �� ,��[ Ce �he�_i2 �E �--�u� �-�___ ��- C��- �� i, , • G2, e� �� :a�f ��'�v �_ � � � . , _ _ � Page Three Community Development Department Planning Division, City of Fridley NAME U' '✓�j� � ��ln t��r__�e.� (/I/ , /��v , �( � �� , ,. � .,�� C�,� ` /?� �-�--� � ��- i� ,t�-ci � � s�. �,46.� ��'2`s �. ��,��' �� c�" ADDRESS / l�� / C.-t,G2. �%22?� ��e��ei � �o �,� �� .�� . s�- h��' f � 7� �'�� .o..z�iC/�'. .- ;� c� 1 (L_�� % C ,�_�: . ��%z', j�/� /?e� �� -�L�1 � �r �p.-=� C�u�. �?�, . :��.�� ; « �-,-ti.�:.�= i -�✓�-� --- 10.39 , � . Page � �v � r Community Deveiopment Department Planning Division, City of Fridley N�A M E i� ��/ L�/i� J �- �� —�.,�,�.�i�� a�� C� 2 t d'� ��/�L2cr•tiL ��`t.{�,��-,d � ��--' J/�'�rt��/' �y.�'� � � , :- -�� -� ADDRESS , , ��.� - � ��,�.Q!� ��—� �� • � �� /\ 1� C��C� l C��`�`T C C �� r L� i � ��c ��e << e e� �Cf ! �ZC�. , �� a kr I �ice ��c-�� l�'�� c-r � `� t �_�-�� -��^ . `�,�,��1 � �cJ � ( e� �i1 Rz�C ri'�i �ti l`r �j _ �_ � C�`e�l� %��__ �", �� . � �, , � r'c E �� z 70- �� .� 10.40 �'`f'=' __. . . �.=�c PLANNING COMMISSION MEETING AUGUST 21 1991 PAGE 5 6. That the City study the traffic flow from 2nd Street to Mississippi Street. With the expansion of Stylmark and /�� the number of buses and cars at Fridley Bus Company, that is basically the only exit/entrance for the entire Rice Creek Plaza neighborhood." Mr. Betzold asked the staff's reactio,n to this petition. Ms. Dacy stated staff just received the petition this morning. It does not appear that since the 1970's that the City did obtain an easement from the property for a walkway on the north side. The other issues need to be discc�ssed by the Planning Commission. In relation to the traffic issue, there have been a number of public hearings regarding ro�_.�i� from Stylmark, and the City_is well aware of'�the concern�about the traffic from 2nd Street__onto Mississippi Street. The City is in the process of working with Anoka County for a traffic light; however, it does not appear that this will take place in the immediate future. Ms. Dacy stated that regarding the letter received from Mr_ Colombo, the petitioner's legal counsel; she had spoken with Mr. Colombo earlier in the day and had asked Mr. CoZombo to write this letter for presentation to the Plannir�g Commission. Mr. Colombo makes the point that they believe the requirement to apply for a speci.al use penmit for this activity is not necessary. They are saying that the parking of vehicles on the property is a permitted accessory use. Secondly, they are questioning the enforceability of the stipulations made on the �building permit in 1973. Apparently, many of those stipulations were not recorded against the property at Anoka County. On page 2 of the letter, Mr. Colombo indicates that they wish to work with the City to try to come to some kind of agreement to meet the concerns of the homeowners to the east_ Ms. Dacy stated that as far as staff's reaction to Mr. Colombo's 3etter, in regard to the necessity for the special use permit, she advised Mr. Colombo on the telephone that it has been typical City policy for the City to require a special use permit if the vehicles cannot be properly screened from public right-of-way or a residential area. Another section of the M-1 district states that: "All materials and commercial equipment shall be kept in a building or shall be fully screened so as z�ot to be visible from any public right-of-way or adjoining property of a different district. The City Council shall require a special use permit for any exterior storage of materials.•• Ms. Dacy stated that as far as whether or not these stipuiations are enforceable, that is a matter that will probably have to be tried in court. Until that time, the City stands by the stipulations of the permit. However, if they can come to an 10.4 � � �i �{ � i iOLIY CEN7ER ; ; I � . , � I , ! ; � � �� . � i I � � �� - - - I � ." � i ; I W i W 1 � � I. __. -"___._'-_- Z i . � � AI � � � � �`' � ; �tEDICAL OFFICE i j � !II ; , �' � � � `�� I I ' : ; , � ' ,I I I % t3'�1 t1' 13' - ---- ------ � � I � � -- - - - - 'XY R 30' R• -- - I ----------- - � � � ; -- --- - _ _._�. _ - -- - ! _ - _ 13' i S' � ---- -- --- - - - _._ _ ._ __ _ - -- �'r--;- --- --- - -- � _ 4' CONC. MEDIAN 12' 14� - - � - - -'-�- 1 -� -- � � �. �i �__ �_. --- .--___ � �0�' S_T R E E T _ � ` 4 CQ�` _ 13' �� 7 -- �- 27: t +/- TAPER -- --- - - - -._ _._ -- - -- -- _ 7 2_ 14' . _ , - - - _. _ � - ... __._ o'�- --�— ��c'TT�T"� ---�--�4� ... � --- _ .__._� _, � \' � t �� \ � ,, , � ,. � OPTION # 1 � ,� _ �I, � + � i i � �. , ., �� .,� , � . � \ , � � � I � �. _ _ __ � I �► ' W W . — -_ ___ _— - � ' � � I � � ; � MEDICAL OFFICE � � ( � - - -- -- - _ . � __ _ 13� -- - -- - -- - -- - _ -- - -- - - - -- - i --- - - -- � ,2, _ � � � ; V, '- =\, _ . _ , -_--�- _ S T R E E T � 13' `-- _�., �� - - --- - - - - - � - - - - -12- � i . - - - - - i - - -- I i � i I 1 0 � �. S Fa- � � � � , r � 1 _._ _ � .� � I � I `� , \� , i 15' _ _ 1 t' --� 7 14' . /� ' . 30' R `�. � �� \ - .\ � �'QO ` ��c l FT I �\ + � ' � _ f � �; OPTION #2 j - � - - �. i`�� / ' 1 ' ` \ � � - --- ---- _._. -- -- - - - - -- - --- - - . --- - -• � -- 4' CONC. MEDIAN 12� - ---- ''. � _ _ --_ `M � � S_ .1 ` � 100' - -- _ -� ---- { S T R E E T 13� � 27: 1 +/- TAPER - - - - -- - i - - - - ___. _ � 2_ ._ 13. � � .�.� � � --- - ---�� _� I 15' • 14' tr 4' CQh 14' ._._ ..,,�..,,� 4� ?1 t6' 1\ �. �\� � � '�, � � , � �� i i � Wi �� i i �i .i i ' o � NZ � ' t�1EDICAI OFI � :� � � i -- - I - - � ' --- - -- � - � � . . � � - - - -- - -- -- -- — -- -- — -- - -� ) __ _ - ` � y �-' ' - -- - =� �. 5 S ,. � � — -- — --_ -- � 7: 1 +/- TAPER --- - - - -- -- � - � � --- — -._ __ _ --- I � ; �� I � � � � I � � �r � � � � I �-� 1 HOLLY CENTER ,� �,- .� � � � , / ,. \ , 13 15' . �' 14� - - - _t�, . _ 12� 14' - � � 23 - , _ - - -- _ � \ ' 30' R \ � F .�., � � - � ` �� J \ � _ �Fr � `` , ---- --_� � �, ` \�__ _ _� - ---- �-- -� \!� OPTION 38 < - � i ; � �. W � � � -- - tn i Z N ! .., - r 7-- M. _ � I . _ -- -- -_ � , _ - - - --- --- 13 , -- — — — — _ _ _ ` --- -- . -- - -- - -. � __. 4' CONC. MEDIAN 12' - ___ `:� �_, -_ _ ___.. ._� i,3 S_I �. -- - --- i t00 S T R E E T 13' --•= -- - - -- - - � - — -- — � - 27: 1 +/- TAPER --- - - - � - --- � - -- — -- — — � 2— _. ,13' a �- (� �-- ,. I — ^ ^.__ ___ �--- -- �..�� ■ 15' ' 14' �r q' CQF - 14' _ � �� _ ►� ` , ts� 1\, U ��. R � �� \ \ \ ;\ �� , � b� �Ro�� s�� FFr �I U � ,�— � � - . HO�LY CENTER �.- \ j, , .\ /; �� j � i \ � � �� W � W i I --� --- - � f! I 1 � � � Z N � � . � . _.._.__-' .� . -'- ,- I --- - - -- - - -- -- - - ._ _ _ -- - -- - I . . _ _ i 3� � -- - - - - -- — — — — — — — --- -- - - -- �.i. �-- 4' CONC. MEDIAN 12' ---- � � ____; _ -- ��;�5�. � _. _-- __ � t00 S T R E E T 13� - — -- ---- — __, -- - - -- � .,_ _ - 27: t +/- TAPER --- --- - - - -- -- - � _ — — — — — � 2— .. _ _...._.. ,t3• o'� _ . � , r- -' __- --- - ---- i ; �� c � � � � � 15' ' 14' - __12, .4; COf 14� _ �--T�..�. _.._..,,_..._1� �8' 'I�t' ts' \ �� . 1 �� . `�o\ \ '�FFr .._ I v , -� �_ _ _�� OPTION 3D _ — HOLLY CENTER ' � � � `, i , ; , � � ' � �'� ! ; � - � � , �� -��/ - � � � . w i � � ' , i --- - --- ---- v1 I ' � � O ' N ' � MEDICAL OFFICE � ; j ' ; � f ` � ; ` ` � � I ,� ; � -- -- - -- � �- - ---- - --- ---- --- — � — , :� � ; -- ---- i x ._._.___. -- - - - -- - -- -- -- � 3 15' f. - ' . -- . - -- -' .--_ _ - - -- —. -- - --• ; __.. _ , ,�' , 14 � ---- � - _--. - ' .____.. . ` --- - - - _ --, ---- -- -� i._S S.y1 � � ,��, - _12' , _. ____ __ S T R E E T 13' -�-� - -- - - -- - - - - --- -- - i -- -- -- - - -, 2_ ' 1 ±.� , TA - - - - - - _ _ _ 14' -•— � 3 - . .;,.�.,, �, ..._...14.�..,_ — — =;a_,. _ � , :. --. ;, - '' . . -:�- ' . - � " - --- 2 ' � 1, . _ -- - — — ---- - � 16' i -- --- -_ � ;` 30' R � � i � r � \. . �, \ _ � - - e^'; ` `�,Q� � -- - t � — _ . � � i �� a■' L � . ---- - — -- - - — ------- ---�``�`�:; ��_ "`.� � ��_ _// .� OPTION #4 �l / -�i TEL N0. Arc6itectural Concept Rpr 19,9s Z1�3Z P.OZ The goals af the architecture and site plan of the Stonegate Development were to create a neighborhood that has an image of its own, but is compatible with the surcounding community. To design housing products thAt satisfy a variety of market areas. For each product �to stand on its own architecturally, �but to �irave common threads�.of acchitectural - elements, materials; aad colors connecting a�l prodacts to enhance the overal� sense of neighborhood. For all�housing to be owner�occupied for a long term investment and :� � commitment to. the eommunity. And to create a neighborhood that is stronger because: of :� the variety of housing than if ea.ch product stood on its own. � � The Stonegate neighborhood has four distinct housing clusters. The main eatrance from Mississippi Street becomes a public street, which allows direct access to each cluster without having to trave! through one clusier to get to another. The first cluster is two buildings of condominiums, the tallest build�ngs at four stories, are placed at the most active corner of the site, the corner of Universiry and M'ississippi. The townhome three- story buildings are placed at the second mo�t active portion of the site, along University. The condominiums and townhomes act as s�rong shoulders to protect the interior passive park ar�a and the Single Family one-story hpusing and Cluster Housing. The single family, located at the southwest portion of the site, is the most compatible product to the adjacent existing neighborhood ta the south. The two-story single family hausiwg is at the Northwest corner along Mississippi. The Condominium t�uildings are placed in such a manner as to create a public open space _.. at the corner of Uaiversity aad Mississippi. This plaza is to act as a buffer to the �- intersectian for the Condominiums and to also invite the community to the neighborhood. The two buildings then create a narrow opc{ung to de5ne the transitioa from active open space to a passive park. The Townhomes are positioned as to limit tjie view of the garage doors from University. Also, the sides of the townhome buildings have minimum openings. The Single Family one-story cluster is in the quietest corner of the site and has an identity of its own with a separate entrance from Sa#eilite Lane. The homes are oriented ta take advantage af the int�rior paric. The Single Family two-story housing clustet has its own identity, but is connected to the Single Family one-story. They also have a gtrong relationship to the interior park. The Park begins at its most active and public role at the corner of Mississippi and University as a Plaza azea. At this point it iniroduces itself and is an invitation to the balance of the interior park, becoming a passive experience through the nei�hborhood with ponds, traiis, and extensive landscaping. 10.49 TEL N0: Rpr 19,9� 21�33 P.03 There are berms placed along Uaiverisity Avenue and Nfississippi Street that cansist of a combination of earth, landscaping, and ston� piers and fencing. There is also bernung along the west side of the site between the s�t�gle family two-story and the existing industrial. it is intended to take the element of the stone material and thread it into the architecture of the Townhomes az►d Condo�iniums. A brick similar to the Target . buildirig is infended to be �incorporated into many of the housing products. The color of � . the brick and raofing.material is proposed ta :be consistent through the neighborhood � The siding colors of the two condominium buildings will be the same. The six townhome .� �.. buildings �viU� be the same, .bWi. diffetent, y�t �mpatible with. the condominiums. The � single family homes will have more variety in sid'ing and trim colars} but will include and compliment the colors of the condos and townhomes. . The Rottlund Company has experience in the area of Sound Attenuation, most cecently with the River blufftownhome project in Bloomington, due to the air traffic noise. Along with construction systems, the windows we�'e addressed and selected based on their STC ratiag. Weathershield Visions 2000 were us�d because of their STC rating of 31-33 surpasses the STC of even Pella windows.(see attached test results). Sound Transmission Class(STC) is the measurement of decibel relief from the exterior noise source to the interior noise levels. i.e. 65db outside minus�31=34db insid� quiet. ; , 14.50 � TEL N0. Condomiaiums- Senior Market, �waer Occupied • � • • • • • Two buildings of 24 units each to tqta148 units 4-story bulding (6 units per floor) Underground parking 1.125 parking spaces/unit Comcran entrance with elevstor � 1220 sq; ft. per unit on one levd � Unit to be price� approximately S84,000-$100,000 Wood�&ame consd�uction with�fire s,prinkler system Apr 1�,95 21=34 P.04 Interior Finishes and Appliances: similar to the Rottlund "Garden Home" product Exterior Materials: • "Stone like" base • Brick concentrated on main level - tp match Target building • Vinyl lap siding • Asphalt shingles • Windows - Weathershield vsions 2Q00, vinyl The condominiums were designed to offer an affordable ownerstup opportumty te �Se senior market. A goal was to avaid the typical apartment image. One way was �u ��-� �_ ,: _ smaller buildings for a more indmate relatioQship. For example, the parking garag� �� r�:� only 24 residerrts and each 9oor has only 6 units. The other way was to avoid long, narrow carridors hy including a single loaded corridor ofonly 80' in length with ��^�ry*�o� on one side and a maximum of 40' &om the �elevator to any unit. The main entrance to each building includes an exterior landscaped courtyard. Two th,irds of the units are corner units with windows on two sides of the units. All units will feature 2 bedrooms, 2 baths, a laundry, a deck, and optional fuepla�. 10.51 TEL N0. Townhomes - Sing�e professionat market - Owner Occupied A AF�r 19,95 ?1::.� P.O� • Six buildings af 8 units each to tota148 units • 3 story buildings � Each unit has attached private garage with private entrarice • 24 utits }iave double �cac g,ara.ges; 2� uitits has single car garages • 24 A units have 1480 �finished sq. ft.; 24 utits have.1240 finis6ed sq. ft. • Utits are priced�from�a90,000-$105,000 • . Woodframe constructian � . . Interior Futishes and Appliances: similar to the Rottlund "Villa" product Exterior Materials: • "Stone like" base wainscote • Brick accents � Vinyl "lap" and "shake" siding • Asphalt roofing • Windows - Weathershield Visions 2040 The design of the townhomes was to create a high deasity, af%rdable product, but still offer a private garage with direct access to the unit and a private front entrance door. "�`a�c goal was to also do ttus so as no unit was above anather. The density of the townhom�s is approximately 16 units per acre. The lower level is the garage entrance. The main entrance is a mid-level between the street level and the main level of living space. This allows the guest to make half of the onc flight to the tiving roorn on the outside of the unit ` and half inside the unii. This element also offers a 12' high space within the foyer and more privaey to the unit. The private deck is elevated for privacy and view. Because the patio door is not on grade as in many townhomes, it is more secure. Security has become more of a priority today, so to be able to drive directly inta your home and close the garage doar behind you is an advantage. By ha.ving a 3-level townhomes, this altows the living space to be on its own level and not to be shared with the garage. This allows more oppoctuaity for more windows. The entry foyer with its high ceiling is a great opportunity for added glass and its height is such that the kitchen and dining space will enjoy its view. As a comparisoq a typical B' Villa unit has l 24 sq. fi. of glass. This interior'B' unit has the potential of 19U sq. ft., which is 50% more than the UBC code requires. It is The Rottlund Company's position that these townhomes are comparable with and in some areas have advantages over their sister product, the Villas. The Vilias have shown in their 8 years of existance to have continued to be well maintained, owner accupied, and hald their value and in many cases increased in value. 10.52 � , Gj,;: w; �: TEL PJ�J . Rpr 19�95 Z1�36 P.�J6 Cottages - Single Family oae-story detAChed townhomes - Empty Nester Market - Owner Uccupied • 26 homes • 4ne_ level "slab on grade" plans � Each unit-to iiave double car garage - • 4 unit plans: A unit 3 bedroom - 1480 sy. ft., 2 bedroom - 1320 sq. ft. B unit 3 bedroom - 1480 sq. ft., 2 bedroom - 1320 sy. ft. Optional l0 x 12 4-season porch � Units priced fram $ t 30,000-$160,000 Interior Ficushes and Appliances: similar to the Rottlund "Pines" product Exterior Materiats • Brick accents • Vinyl "lap" and "shake" siding • Asphalt roofing • Windows - Weathec�shield Vision 2000 sliders The Cottages are placed on the site at a 30'/o angle to the sh�eet io create more private spaces at the entry and patio azeas of each upit. To also reduce the amount of the most narrow space betwe�n units. The angle also lessens the image of garage doors and allows for some side load garages to create more variety from the street. Directly across from the private spaces of one unit, the adjacent uriit has no windows. This increases ihe privacy of this area It is anticipated that there wiU be an introduction of a I 1/2 story plan to go along with the original 4 one ievel ptans. This I i/Z story plan will have a master bedroom on the main level, and include a den and guest bedroom on the upper �evel. There is planned 4 unit plans of which some yvill be side load garages, some with front porches. Each plan will have 2 elevations for a potentia! 8 different looks. Combined with 3 color palettes, there are almost as marty variations as there are units. Ali units are designed to be handicap adaptable� whereby the unit is easily converted to a handicapped accessible unit. It is The Rottlund Company's experience that "slab on grade" construction has not and does not create an unsafe environment during tomado conditeons. As an additional safety precaution, there is the possibility of designating an area in the undergrouad garage of the Condominium building as an atternate shelter for those residents. 10.53 TEL N�. AFr 1`?,95 ?1�37 P.07 Singte Family Two-Story - Young Professional, Singles and Couples and Empty Nester Market - 4wner Occupied • 24 homes • Lots approximately 35' x 100' • 2-story slab on grade plans • Each unit with a double car garage • 3 unit plans - ranging from 1300-i500 sq. fi. � 4ptior�al screened porch • Units priced fram $110,000.140,000 Exterior Materials • "Brick" acctnts • Vinyl "lap" and "shake" siding � • Asphalt rooting • Windows - Weatherstueld Visions Z000 sliders The small iot clusters of two-story plans are targeted toward young professionals, singles � and couples. Ptans have the living space on the main level and the sleeping spaces on the upper level. A plan with a Master Bedroom an the main level would attract a segment of the empty-nester market. There is an opportunity to put living space above the garage in the form of additional bedroom/den or "bonus" room. The homes would be 24' in width with 11' between homes. The homes would have windows and doors on 3 sides with one side sotid. This cre�►tes a private space between each horne. There is an opportunity for patio space to the rear andJor the private side of the units, with the possibility of screened � � porches. With three basic plans and two elevatioas each and optiona! space above the garage, there will be extensive variety along the streetscape. As in the Cottages, there wauld be three color palettes that are compatible with the total neighborhood to ailow for individuality, but to also continue the common thread throughout Stonegate. 10.54 t TO: Weathar Shield Manufa�cturieg Attn: Mr. Lyn Hartl �.o. B�X 30� Mcdford, wt 5a451 PROJ�CT: Visions 2000 V'�nyl Casement Window twfr� c�t� tes��r�c� cofoorauon DATE: PROJECT NO: . P.O. . 662 CROMWELI AVENUE ST. PAUt, MN SStta PHON� 6ty6a5.36p1 July 21. 1992 a140 93-2010.9 N/A SOLTND TRANSMLSSION CLASS (STC) - A,STM: FSO(94) YN'I'RODUCTION: This report presents the results of a Scwnd Transmission Class (STG� test co�ducted on a Yisions 2000 , Viny1 Casement Window submitted by W�ather Shield Manufacturing. This t�est was roQuested by Mr. � iyn Hartl o� Wc+ther Shiefd Manufacturing on June 22� 1992 with the•i�sting conducted on J�s[y 16, � 1992. � This report musc not be reproduced excxpt is� full with the approv�. of Twin City Ttsting. The data in , this t�eport �eta�t�es only to the item tasted. Twut City Testing Corporatioa has been accr�eciited by the iJ.S. 17epartment of Commercx and the National Tnstitute of Staridards and Technology (NIST, formeriy NBSj urtder theix Nador� Vduntary Laborawry Accrediration Program (NVI.AP) for conduc.ting tnis Lest procrdure. 'rhis repoR rnay not be use� to claim product endorsement by NVLAP or any agency of tt� U.S. Grnrernma�t. • 1 1u� Ttte STC of the specimer� dcscribed below was �. A tab�clar� and graphicai presentation of the data is p�resented under "TF.ST RFSULTS". . � ��,,s• Mu rw� ��otr.cr�vN rc� c:ueNrs. r�� run� �� arw O�ns��.vr:9. �u� rwm ui♦ uTiprr ��q�rs �ute sutsuii rCi� •S ��8 Cc�•�u��ni�ni ��+u�� i�� v t�� <:t �� :� r�. P ANp w�t��Qn�ZA��ON Ffln rWil�CaiiQN CN StAiFR�f�t:7:: CO++C�.uS�U� Czrn�t;i•� 0.5� -:G�nO�*�GOu++aE+qN+rS�S ��eSr'�a�t�u �+C�w)i„� tx�� rwcK. v.��i,>> n A.•.,.:�;,:.� � � . Hea:rtl�ncl.::.R.eal�ty�-�in�vestors,.:-Inc. , �� - � - �ltiO2 Nic:c�lfct Av.ctiue �outh ' � . : . . � • �Mini�caj�ulis, Miniiesota •�5�(}9-256�� . . . � . . - Telephone: (6l2) 823-6275 _ _ " � Writer•.s Direct Dial Number. ' .. • FacSimi(c:. (612) �.?3-32.10 ' � � � � . � . {612_) 823-6275, Ext. 13 � ' � March _.29, ].995 . � . . . . . . • � Barbara Dacy �. •� . ' • Community�Development.Director . Sent via fax 3/29/95 _ City of Fridley � �. . 6431 University Avenue N.E�. . � Fridley, MN 55432 ' • Re: Holly Center Dear Barbara: On Tuesday, March 28, 1995, we met with Scott Hickok of your ataff and Don Jensen of Rottlund Homes to review plans and discusa the potential realignment of the we`st entrance to Holly Center to conform with the proposed residential development in the southwest quadrant. Based on our discuseions, we arrived at the following conalusions: 1) We feel it wo�ild be important to align the Holly west entrance with 3rd Street in the proposed development for safety and traffic flow conaiderations. Therefore, we are flexible in a aliqht relocation of the existing entry and would support moving it up to agproxicnatel� 35 to 40 feet to the east. We feei this would contimie to accommodate access to the center for the public as we11 as commercial delivery vehicles. We discussed with Scott Hickok our internal traffic circulation and how curb cuta, etc. could be designed to maintain safety and traffic flow. As a part of the project we would strongly encourage 4-way stop signs at this intersection to insure safe and convenient access to both Holly Center and the new developanent. 2) We would strongly oppose moving our existinq entry to the west to 2nd Street. This would make access to the center extremely inconnenient and would adversely a£fect L-enants. IL wouid also make access fur cocamercial delivery vehicles (several 18-wheelers deliver to tenants) much more cumbersome. Unfortunately, we will not be able to attend the Planning Cammi.ssion meeting on March 29. Please feel free to use this letter to state our position if you wish. We apologize for not being able to attend and would be anxious to attend future meetings ar� needed. We feel the new development is an exciting and positive step for Fridley and therefore, want to cooperate in any way possible. Thank you and we look forward to hearing more about it. Zf you have any questions, please feel free to call. Very truly yours, HEARTLAND REALTY :CNVESTORS, INC. � •.� �� 1�. William F. Munson 10.�� ^ � P��P �Q��.. �� 4rN� '��, �.�' M�NMESO�P DOUGtAS W. FiSCHER, PE Design Enyineer June 30, 1995 COU NTY OF ANOKA Public Services Division HIGHWAY DEPARTMENT 1440 BUNKER LAKE BLVD NW, ANDOVER, MINNESOTA 55304 (612) 7543520 FAX (612) 754-3532 Ms. Barbara Dacy, AICP Community Development Director City of Fridley 6431 Universrty Avenue I�TE Fridley, MN. 55432 RE: Southwest Quadrant Redevelopment District adjacent to CSAH 6(Mississippi St.) Preliminary Plan Review � Dear Ms. Dacy: The Anoka County Highway Department has reviewed preliminary submittals of the proposed site development for the southwest quadrant area bordered b� Mississippi Street and University Avenue. As a condition for issuing a permit for this activity on a county highway, the following conditions will be required: 1) Com�lete raised channelization to provide for left tuming movements will be reqwred on CSAH 6 at the intersection with realigned 3rd Street. A design as previously proposed by Anoka County and subsequently revised by the developers consultant en�neer, BRW Inc., should be constructed in conjunction with the access construction. 2} It appears that no additional right-of-way will be required to re-configure the roadway as noted above. However, the replacement of the city's sidewalk and landscaped boulevard and lighting will re quire additional easements outside of the existing right-of-way. The earact need for additional right-of-way should be determined with the preparation of final design plans. 3) Complete site grading pians and run-off calculations must be provided for all run-off to be collected or connected to the existing CSAH 6 storm sewer system. 4) It should be noted that residential Iand use adjacent to iughways will usually result in complaints regarding traffic noise. Traffic noise at this location could exceed noise standards established by the U.S. Department of Housing and Urban Development and the Minnesota Pollution Controi Agency. Anoka County policy regarding new developments adjacent to existing county lughways prohibrts the expenditure of highway funds for noise mitigation measures. The City and/or the Develo�er should assess the noise situation and take any action deemed necessary to numtruze associated impacts at this site from any traffic noise. Affirmative Action i10�57 , portunity Empioyer -2- 5) A permit for work within the county right-of-way is required and must be obtained prior to the commencement of construction. Contact Roger Butler, Traffic Engineeri.ng Coordinator for this department, for further ii'uG�iiiatlOII r��TC1I'ii.ra tilC �3�.Y"i�i.it �'„GC�aS. These recommendations as well as your request for county participation in the cost for these improvements was discussed at the June 5, 1995 Public Works Committee Meeting. At this meeting the committee concurred with staff recommendations for the permitted use of CSAH 6 includin� the channelization requirement. The committee also re}ected any cost participation on the county's part which is consistent with similar development and pemut request actions. Thank you for the opportunity to participate in the preliminary reviews of this development site and we appreciate your consideration and cooperation m this effort. If you have further questions or need any additional information, please feel free to let me know. Sincerely, � � l, .� . Douglas W. Fischer, PE Design Engineer xc: Jon G. Olson, County Engineer xc: Jane Pemble, Traffic Engineer dmh/2CSAH6 10.58 Q, MEMORANDUM DATE: . . May 17, 1995. � � . _ TO: Barb Dacy, AICP, Fridley Community Development Director FROM: Jeff Ho[stein, PE RE: CTTY OF FRIDLEY / ROTTLUND / STONEGATE REDEVELOPMENT PROJECT The following points summarize the conciusiorts of the Stonegate Redevelopment Project fraffic analyses and the comparison of the expected posrid�evelopment conditions to,the existing conditions and the comparison of the proposed geometric layout to the Anoka County Layout. Summarv of Traffic Anaivses and Comparison to Existing Conditions - The proposed 14G unit residential development is expected ta signfcantly reduce site traffic generation to and from the site. The redevelopment is expected to generate approximately 67 percent less traffic than the existing site land uses on an average weekday (3,170 vs. 1,040), including �7 percent less vehicle trips during the AM peak hour (184 vs. 80) and 61 percent less vehicle trips during the PM peak hour (262 vs. 103). - Capacity analyses of the groposed relocated 3rd Street / Holly Center intersection indicate that the intersection is expected to operate at an acceptable level of service (LOS "D" or better) through the short range traffic conditions under it's existing through/stop control. In the long range traffic conditions (Year 2015), the outbouna through and left turniag movements from 3rd Street and Holly Center are expected to operate at capacity during the peak hours. - A traffic signal warrant analysis conducted by Anoka County at the esisting CSAH 6/ 3rd Street / Holly Center intersection in August of 1994 indicated that the intersection did not meet any of the eleven traffic signal warrant specified in the Manual on Uniform Traffic Control Devices. An additional analysis conducted by BRW, Inc. indicated that the intersection would not be expected to warrant the installation of a traffic signat untit at least the long range traffic coaditions. - Queuing analyses of the proposed relocated 3rd Street / Holly Center intersection indicate 10.59 that the nroPosed spacing behveen this intersection and the TH 47 intersection along Mississippi Street should adequately accommodate the expected short and long range traffic queues. - The CSAH 6 intersection with 3rd Street and Hotly Center currently does not provide exclusive left turning lanes off of CSAH 6 into either of these locations. Field abservations of .the intersection operations during the.peak .hours and ,accident.data.�indicate that tbe intersection currently operates acceptably without exclusive left �turn lanes and would be expected to continue to operate acceptably through the short range traffic conditions as the volume of traffic into the 3rd Street access will be significantly reduced and the demand into the Holly Center is expected to remain the same. - The proposed Anoka County and BRVV, Inc., preliminary designs for this section of Mississippi Street (CSAH 6) both provide exelusive left turning lanes from CSAH 6 into 3rd Street and the Holly Center. The implementation of these left turning lanes would result in improved traffic operations and safety at this intersection and along this section of CSAH 6 over existing conditions. � - The proposed number and types of access (i,e. full-movement and right in / right out) to and from the site �vill be reduced by eliminating the existing right in / right out access onto Mississippi Street and a previous but existing curb cut just to the east of existing 3rd Street. These modifications �vill also result in improved traffic flow along this section of CSAH 6. - The future ultimate design of this section of CSAH 6 mav include the consolidation of the Holly Center access and existing 2nd Street into a single access location. Under this scenario, the intersection may warrant the installation of a traffic signal, based on the reduced warrant requirements, if traffic volumes on CSAH 6 continue to grow and the prevailing speed on CSAH 6 is over 40 mph. The installation of a signal at this location would improve the side-street level of service at 3rd Street and Hoily Center such that Holly Center patrons, Stonegate residents, and the neighborhood areas to the north and south could safely and efficiently access CSAH 6 during the peak hours. This condition would also improve the operations along this section of CSAH 6 as it would result in the elimination of another full-movement access. Because of the geometrics to the west of existing 2nd Street (i.e. hill to go under railroad trestle) and the future difficulties that would be encountered in providing an exclusive eastbound to northbound left turn lane from CSAH 6 at this location, the future ultimate location of the major intersection afong CSAH 6 should be at the proposed 3rd Street / Holly Center access. - 10.60 tr Comparison of Proposed Geometric La��out for 3rd Street / Mississinpi Street (CSAH 61 Intersection to Anoka Countv La��out - The Anoka County layout �vould provide a�170 foot exclusive �vestbound to southbound left turn lane from CSAH 6 into the Stouegate site by modifying the existing median and extending it to the west. The Anoka County layout also �roposes to widen the east approach of the intersection along the south side to maintain the existing 28 foot of �vidth for the rivo eastbound through lanes. TJte BRW, Inc., layout proposes to incorporate all of tlrese same items i�tto its' design. - The Anoka County layout provides approximately 72 feet of �vidth on the west approach of the relocated CSAH 6/ 3rd Street / Holly Center intersection. This 72 feet includes 13 foot and 12 foot �vestbound through lanes, a four foot raised concrete median, a 13 foot exclusive left turn lane and rivo 15 foot eastbound through lanes. - Tl:e BRW, .Inc., layout proposes to provide 67 feet of widt/t on tlre west approac/t of tlre intersectio�r. Tlre 67 feet fvill be comprised oJ 13 foot and 12 foot westbound tJtrouglt lanes, a jour foot raised concrete median, a 13 foot exclusive left turn la�:e and 12 foot and 13 joot eastbound t/rrough lanes. Recent discussions with Anoka County staff indicate that the 12 foot and 13 foot eastbound. - through tanes will be acceptable. - The Anoka County layout proposes to provide a 120 foot left turn storage bay for the eastbound to northbound left turn into Holly Center. T/re BRW desig�: proposes t1:e same. - Tlte BRW proposed eigl:t foot widening along tJre sout/: side of t1:e west approac/: of t/re intersection ►vill be tapered back into existing CSAH 6 to tlie west by using a(27:1) taper. Tliis eig/rt foot offset is in addition to the existing nine joot offset along tlie south side created during tlte previous reconstruction of CSAH 6. Tl:e proposed 27:1 taper will end just east of tl:e existing wall for t/te railroad underpass. Tlre desireable taper would be at speed limit to one or 35:1 i�: tlris case. T/re application of tlie 35:1 taper would result in modifications to t/te wall of t/re underpass and/or a substandard sidewa[k widt/: for approximately 135 feet. However, t/:e proposed 27:1 taper would not be �roticably differei:t t1:a�t tl:e 35:1 taper and would be expected to operate acceptabty. T/te proposed taper witl exiend a distance of approximately S80 feet (I7 feet (8+9) @ 27:1 + �20 foot storage) to t/te west from tlre existing centerline of 3rd Street. � �.61 B R W INC. Planning Transportation Engineering Urban Design Thresher Square �oo n,ua sc��c so. Minneapolis, MN S.i415 612/370-0700 Fax 612/370.1378 Denver �Wau�� Minneapolis Orlando Phcenix DATE: April 19, 1995 TO: FROM: RE Memorandum Barbara Dacy, AICP, Fridley Community Development Director Don Jensen, Rottlund Homes Jeff Holstein, PE "Final" Traffic Analysis of Proposed Rottlund Homes "Stonegate" Redevelopment Site in Fridley, Minnesota The purpose of this memorandum is to update, amend and finalize the March 8, 1995, "Draft" traffic analysis technical memorandum for the proposed Rottlund Homes site in Fridley, Minnesota. The memorandum is divided into two parts. The first part describes the general assumptions and results of the "DraEt" technical memorandum. The second part describes the site plan_ , _ ._,, revisions and the conclusions of the finalized traffic analysis. Assumptions/Results of "Draft" Analysis Portland The March 8, 1995, "Draft" technical memorandum analyzed the expected San Diego traffic impacts associated with the redevelopment of the subject site via a Seattle particular site plan. The site plan exhibited various characteristics relative to land use type, location and intensity and accessibility to the surrounding roadway system. The site plan analyzed in the "Draft" analysis consisted of 28 single family residential units and 144 condominium/townhome units for a total of 172 units. The site plan also proposed two access locations off of Mississippi Street; one full-movement access off-set approximately 120 feet to the east of the current Holly Center access intersection and one right in/right out access further to the west, roughly opposite existing 2nd Street. The analyses conducted for the "Draft" technical memorandum included capacity analyses of the Mississippi Street intersections with TH 47, the Holly Center Access and the proposed 3rd Street access; traffic signal warrant analyses of the Holly Center and proposed 3rd Street access locations using Warrant 11 (Peak Hour Volume) of the Minnesota Manual on Uniform Traffic Control Devices (MMUTCD); and queuing analyses of the short and long range traffic conditions on the west approach of the Mississippi Street/TH 47 intersection to ensure adequate spacing between TH 47 and the proposed 3rd Street location. � 0.62 Barbara Dacy Don Jensen Apri! 19, 1995 Page 2 The general conclusion of the "Draft" traffic analysis was that the proposed site plan land usage and access should resutt in acceptable traffic operations under through/stop control and that the intersection spacing between proposed 3rd Street and TH 47 should be adequate to accommodate both the expected short and long range traffic conditions along Mississippi Street. However, although the proposed off-set intersection was expected to operate at an acceptable level, it was suggested that a single standard four-legged intersection similar to the existing conditions would be more desirable. Revisions/Conclusions of "Final" Analysis The revised site plan consists of 50 single family residential units and 96 • condominium/townhome units for a total of 146 units (26 less units than the "Draft" analysis). The expected traffic generation from these land uses is estimated as 1,040 daily vehicle trips, including 80 AM peak hour trips and 103 PM peak hour trips. This tra#fic generation is slightly less than the generaHon estimated in the "Draft" analysis (1,110 daily, 86 AM and 109 PM) and substantially less than the existing site generation. The revised site plan also proposes to relocate the existing 3rd Street/Holly Center intersection on Mississippi Street roughly 40 feet to the east. This would eliminate the off-set conditions proposed in the "Draft" site plan. The revised site plan also proposes to eliminate the right in/right out access from the site to/from Mississippi Street. Therefore, the revised site plan is proposing to provide less access to Mississippi Street than both the "Draft" site plan and the existing conditions, which both provide two access drives to/from the site. The capacity, queuing and signal warrant� analyses were updated to reflect the revised site plan conditions. The following conclusions list the results of these analyses and of those analyses which were unchanged from the "Draft" memorandum. The existing traffic generation from the site (excluding the Rice Plaza and Dairy Queen businesses which have recently been demolished) is estimated as approximateiy 3,170 daily vehicle trips, including 184 AM peak hour trips and 262 PM peak hour trips. The expected future traffic generation to and from the site via the revised site plan is anticipated as roughly 1,040 daily vehicle trips, including 80 AM peak hour trips and 103 PM peak hour trips. 10.63 Barbara Dacy Don Jensen April 19, 1995 Page 3 The expected future PM peak hour inbound traffic to the site is estimated as 67 vehicle trips. This is slightly less than the 71 trips estimated in the "Draft" analysis and significantly less than the existing 146 PM peak hour inbound trip total. The proposed 146 unit residential development is expected to significantly reduce site traffic generation to and from the site. The redevelopment is expected to generate approximately 6? percent . less traffic than the existing site land uses on an average weekday, including 57 percent less vehicle trips during the AM peak hour and 61 percent less vehicle trips during the PM peak hour. • The proposed number and types of access (i.e. full-movement, right in/right out) to and from the site will be reduced by eliminating the existing right in%right out access on to Mississippi Street. The geometrics and traffic control of the access drives will be similar to the existing access drives. However, the proposed relocation of the 3rd Street/Holly Center access, approximately 40 feet to the east, -- will need to be a roved b Anoka Coun . -:. ,_ —.. - _ __ _. _ ._ _: _ _ _ PP Y �y, as they have - -- jurisdictional control over Mississippi Street (CSAH 6). Capacity analyses indicate that the Mississippi Street intersections with TH 47 and Holly Center/3rd Street currently operate at acceptable levels of service (LOS "D" or better) during both the AM and PM peak hours. Capacity analyses of the proposed short-range (Year 199� traffic conditions indicate that the Mississippi Street Intersections with TH 47 and Holly Center/3rd Street are expected to operate at acceptable levels of service (LOS "D" or better) during the AM and PM peak hours. Capacity analyses of the proposed long-range (Year 2015) traffic conditions indicate that the Mississippi Street/TH 47 intersection is expected to operate at failure (LOS "F") during the PM peak hour. However, the long-range background conditions at this intersection during the PM peak hour indicate that the congestion is expected to be mainly attributed to other development along TH 47 and not the subject redevelopment project. Long-range capacity analyses of the Mississippi Street/Holly Center/3rd Street intersection indicate that the outbound left turning movements are expected to operate at capacity during the year 2015 pm peak hour. However, the unsignalized procedures of the 1985 Hi hwa Caoacitv Manual are typically conservative. 0.6� Barbara Dacy Don Jensen April 19, 1995 Page 4 Field observations of other similar sites (i.e., unsignalized intersections located adjacent to a signalized intersection) have indicated that the actual levels of operations are usually indicative of LOS "C" or "D" conditions. • A recent (August 1994) traffic signal warrant analysis conducted by Anoka County indicated that the Mississippi Street (CSAH 6)/ Holly Center/3rd Street intersection does not currently wanant the installation of a traffic signal. • A signal warrant analysis using Warrant 11 of the MMUTCD and the long-range traffic forecasts indicated that the Mississippi , Street/Holly Center/3rd Street intersection is not expected to warrant the installation of a traffic signal by the Year 2015. • Queuing analyses indicate that the proposed 580 feet (approximately) of storage distance between the Mississippi Street intersections with TH 47 and relocated Holly Center/3rd Street _ should be adequate to accommodate the expected short and long ..,_... range traffic demands. • Mississippi Street (Anoka CSAH 6) is a minor arterial roadway. The primary function of an arterial roadway is to move through traffic. As such, most of the state and counry highway departments have developed minimum intersection spacing guidelines to limit access to selected consolidated locations. Most of these agencies try to limit signalized intersections along arterial roadways to 1/4 mile spacing and intermediate unsignalized intersections to 1/8 mile spacing. Discussions with Anoka County indicate that their current desirable minimum spacing guidelines for minor arterials such as CSAH 6 is 900 feet. The proposed (cl/cl) spacing between TH 47 and the proposed relocated Holly Center/3rd Street intersection is roughly 650 feet, which is less than both the 1/8 mile (660 feet) typical standard for intermediate intersections and the 900 foot desirable Anoka County minimum. This compares to the existing spacing between TH 47 and Holly Center/3rd Street of approximately 690 feet (cl/cl), which is greater than the 1/8 mile standard spacing guideline, but less than the current desirable Anoka County guideline. The existing sight distance at the Mississippi Street/Holly Center/3rd Street intersection appears to be approximately 10 to 12 seconds to the west, where the roadway dips to go under a railroad overpass. The standard traffic engineering rule of thumb 10.6�� Barbara Dacy Don Jensen April 19, 1995 Pa;e 5 for intersection sight distance is 10 seconds. Therefore, the sight distance at his location appears to be adequate. However, any future relocation of this driveway to the west under unsignalized conditions would appear undesirable at this time based on cursory review of the sight distance. • The existing site provides a right in/right out access approximately 175 feet from the TH 47/Mississippi S�eet intersection. The proposed redevelopment project proposes to eliminate fihis access. This should improve the traffic operations on the west approach of the TH 47/Mississippi Street intersection by eliminating the condition where exiting vehicles weave across three lanes of tra£fic to access the left turning lane. 10,66 RO�TLUND HOME�M A UMSION OF THE ROtTLUND COMPANY, iNC May �, 1995 Bill Warden Metro Division, MnDOT 1�00 West County Road B2 Roseville, MN » 113 Re: Stonegate Deaz Bill; Per our conversation on Friday I am enclosing plans for our proposed development located in Fridley which is tentatively called "Stonegate". The City desires that we contact MnDOT to • obtain a pernut to change the existing chain link fence along University Avenue to a more decorative metal fence. Per our discussions, we will agree to install the fence approxima.tely 1 foot behind the property line, with our understanding to MnDOT that the oinamental fence would replace the need for a chain link fence for the properry line and that MnDOT would not in the future, be coming back and installing a replacement chain link fence. We will also be looking to install and connect utilities, provided that they don't contribute anv further storm drainage than had _ previausly existed into the e�xistiag pipework ffi the MnDOT roadway. .. , � Lastly, we will inform the City of Fridley that they should contact MnDOT regazding the opening of an emergency access at Satellite Lane and University Avenue for a temporary connection while the developmern is under construction for new roadways. This temporary connection would be for the fire department only and would be signed accordingly, such that any other vehicles using it would subject the opening to a closure and Rottlund or the City would need to find a substitute route into the neighborhood from the South while roads are under construction in the development. This request would come from the City to MnDOT and, per our discussions, is something that MnDOT would seriously consider ganting on the one time basis only. Bill, thanks a.gain for the working relationship. We look forwazd to securing permits with vou in the ne�ct few months, with the appropriate information attached. Sincerelv, ^ _. _ ;j�J,--� � �i i�L� `�"�`. Donald Jensen, LJSA Land Development Manager The Rottlund Company, Inc. DJ/am Enc. 10.67 � �s� 2G81 LONG l.1KE ROAD ROSEVIL.LE, �iN 16121638-0500 FAX 1612) 63&0501 O�,`NN�OTq '� � �F � May 15, 1995 �Vlinnesota Department of Transportation Metropolitan �iv�sion Waters Edge Building 1500 West County Road B2 Roseville, Minnesota 55113 Barbara Dacy Community Development Director City of Fridley 6431 University Avenue NE Fridley MN 55432-4383 Dear Barbara Da� y : SUBJECT: Stonegate Preliminary Plat Review P/95-028 Southwest quadrant of TH 47 & CSAH 6—Mississippi St. Fridley, Anoka. County CS 0205 The Minnesota Department of Transportation (Mn/DOT) has reviewed the Stonegate preliminary plat in compliance with Minnesota Statute 505.03, subd. 2, Plats. I apologize for the delay in responding to this proposal and your inquiries. I've answered your questions first, in the order you asked them. Following those are our general comments regarding the Pr��• _ _ _ 1. MnIDOT does not have as built plans for Trunk Highway 47 showing existing utilities. The owners of in-place utilities must be contacted for locational information. 2. Removal and replacement of the chain link fence with a decorative type including stone pillars is acceptable to Mn/DOT provided it is placed an appropriate distance from the highway to protect motorists. A fence of this type located as close to the highway as the existing fence presents a greatly increased risk of injury as a result of striking rigid iron and stone. We recommend that such a fence be placed 28 feet from the edge of the traveled road as an absolute minimum. Twenty-eight feet is the standard for provision of a safety or clear zone based on the site conditions at this location and the proposed structure. In addition to increasing the hazard potential, failure to observe the accepted standards for provision of a clear zone may be a liability issue. Placement of a iron and stone fence will not be allowed within Mn/DOT right of way. Questions regarding safety and liability issues may be directed to Mike Schadegg of our Traffic Studies unit at 79?-3126. 3. Temporary, emergency vehicle access from TH 47 to Satellite Lane is possible. Approval of temporary access will be contingent on strict limitation of its use to emergency vehicles only. Any other use, by construction vehicles or the general public for instance, will necessitate its closure. 10.68 An Equal Oppu,~�:r�', Employer Barbara dacy May 15, 1995 Page two 4. Approved Mn/DOT permits will be necessary to proceed with items 2 and 3. Bill Warden, of our permits section will coordinate permit review. He may be contacted at 582-1443 for information regarding the permit process. 5. The plat boundary is not consistent with Trunk Highway 47 right of way. Attached is a copy of the right of way map for this location and a copy of sheet C 1 from the proposal documents showing TH 47 right of way in red. Questions regarding right of way documentation mav be directed to Phil Keen at 582-1283. 6. The plans indicate that existing drainage patterns will be perpetuated. Any changes in drainage to TH 47 right of way and its stormwater system should be reviewed by Mn/DOT. Changes in existing drainage patterns and volumes discharged to TH 47 may require a Mn/DOT drainage permit. Questions may be directed to Gene Bovey of our Hydraulics section at 779-5053. " 7. Mn/DOT's policy is to assist local governments in promoting compatibility between land use and highways. Residential land use adjacent to highways will usually result in complaints about tra.ffc noise. The Minnesota Pollution Control Agency has established noise standards and the U.S. Department of Housing and Urban Development also has guidelines. Traffic noise from this highway could exceed noise standards established by these agencies. Mn/DOT policy regarding new developments adjacent to existing highways prohibits the expenditure of highway funds for noise mitigation mea.sures. The developer should assess the noise situation and take the acrion deemed necessary to minimize the impact of any traffic noise. If you have any questions regarding this review please contact me at 582-1386. Sincerely, �� cyns utson Transportation Planner Attachments c: Jon Olson, Anoka County Engineer Skip Anderson, Anoka County Surveyor 10.69 � . ' ' � � � ,�..r. s :� .,=- � . . . . . . _ . . . . . .�:�- a=�= . - :CI'T�' OE FRIDLEY . -� . , . . � - - . -. _ � . . � . �:�. . : � � : G4�'1 UNI�ERSITY AV�NUE N.�: . • . ' � . � ' . - . � . . . . � . :. . ��: . .:FRIDGEY;.I�I�I ��432�� - . �. � _ : � : � . �}.� . -. . : - - � : � � , : ., . . . ��; ;� , . . -:�::; : • - �: � (612)571-3�45Q. . � . .� � C.4MMUNITY�DEVEF.OPMENT DEPAR�MENT :_��;.�••�.�` •: : _'.,; . �: . . � . . - . : � �:. �� ZONING��.��i��'L3CA'I`��1� - F0�11� :: ��.:� . : . ..: . ��_. . �. � � : ' PR�nPERTY.�Ii�T�ORMA��ON - site�p.lan req�iired for.su�bmittal; see:aztached_� � - � . . �. . Address: � - - . . � � � . . Property Identification Number (PIN) � Legal description: �� h pyAj�(,�( �p(,� � , . � Lot Block TractJAddition Current zoning: �� AMai ( ''3 Square footageJacreage _ � ��i'" ft'�.V'�s � �' .:��,� ;, .:. �Requesting zoning. �-2-J� , S ` - "' -''` . ` Y ' "°'` x'��'.'`� _ �. : Reasoa for re�oning. - - , - ' - _ . .. . _ .. . . , . . . �,� 2{ h � ` � � y .Ct 7�, C L :.. Have you operated a business in a city which required a business license� -. �?R4.�`�,� �; Yes , � � No If yes, which city�",��GIQ��uh��Q�l�%f "x :� _ � - . If yes, what type of business? �L�G� �t/ � �1��1/�� Was that license ever denied or revoked? Yes No �_ _;, . �EE O WNER IN�FORMATION (as it. appears on the property title). �-; -- _° (Contract Purchasers: Fee Owners must sign this form pnor to processing) .:: 4_ }-: ,. �:; �_::�:. 1VAMB �,[--T d-F ��1�i ` �'� - ._ _ ADDRESS � _ . ; . _ DAYTIME PHONE �` � � t �;�a.� - ; -� . � ,� _ . SIGNATURE . . 3 - ;`, -� ^ �DATE : � .s t� =. ..: ` . _ _ _ - . .�- � PETITIONER INFORMATION � w " "3 � w , �. NAME .� ;�s � K K :, � � ... . . ( . . 1 �:. i. . Y .0 ,� ADDRESS � A � . � � r.% � ':��'��" ' , f:•:%i.� ; : �x , 1 .., , . - V! �iQ - - . . . •; _ ..�w . .� . . ,: ...:' . ". ..'�. 1 �. . .,. -'`.. ." � • � A ' � �� DAYITMEPHONE �(o G� .� ; � y 5� _ x : . SIGNATURE': _ . `. ` ` �'� �` '�' -��DATE�nitLVLG1 !I ;fl�irl �� °`�' ��a-,�. : . . , .. ,. . �j ,' � mr: . . nv� , .r S�. . . . .. . .. Y � r.� c�.e -..'�y *�<-�. - �--. �,C Y' .; -Y :: ��i r' . 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' ` -?� �; ' '�'��'�'� a,�w�-��. s*�#�.�. ,'�' � � ,�, y,;:.c � ,, . , .:�,.: f �.... f : ,. �''-,�f. ! �-,.a- * •^��y ,.,y, _ .� t �" ;ti. ra..' Y -a��._S.�v'.�t .. .. � '. " , � � . . . _.Z �, F,�"'t ,p'f✓ �vVi �� ',is�� •" . f �.i�. � y r::� `. OF FRIDLEY PROJECT SUMMARY DESCRIPTION OF RE�UEST: The purpose of the vacation application is to vacate the existing drainage and utility easements in the redevelopment project area, to vacate the right-of-way for the frontage road north of Satellite Lane to Mississippi Street, and to vacate the 3rd Street right-of-way juSt north of Satellite Lane. SUMMARY OF ISSUES: All utility companies have been contacted regarding the proposed vacation request. The companies have been advised that Rottlund is processing a simultaneous development request to constn�ct condominiums anct townhomes on the parcel. All utilities will be required to be installed underground. Minnegasco has requested retention of an easement along University Avenue to retain access to a 12 inch gas main. PLANNlNG COMMISSION ACTION: The Planning Commission recommended approval of the request to the City Councii with the following stipulations: 1. Rottlund Homes Inc. shall record any utility easements as requested by the utility companies, either on the plat or by separate document. 2. Compliance with the stipulations of rezoning request, ZOA #95-01, and plat request, P.S. #95-01. RECOMMENDED ACTIONS: Staff recommends that the City Counci! close the public hearing pending discussion on the rezoning and plat requests. Vacation Request, SAV #95-02 Rottlund Homes, Inc. Page 2 DEVELOPMENT SITE ANALYSIS Existing Easements Existing easements were recorded as part of the original Syivan Hilis Plats 5, 6, 7, and 8. Easements on the property are as follows: 1. A six foot drainage and utility easement on the west and north lot lines of Lot 1, Biock 1, Syfvan Hiiis Plat 8. 2. A ten foot drainage and utility easement along the west line of Lot 1, Block 1, Sylvan Hills Plat 6. 3. A ten foot drainage and utility easement located between Lot 1, Block 1, Sylvan Hiils Plat 6 and Lot 1, Block 1, Sylvan Hilis Plat 7(this was or+ginally recorded as part of the Sy{van Hi{Is Plat 5 plat). 4. Two ten foot drainage and utility easements along the north lot line of Lot 2, Block 1, Sylvan Hills Plat 6, and the south lot line of Lot 1, Block 1, Sylvan Hills Plat 6. 5. NSP has a ten foot wide easement (recorded as Document #285903 and #283795} running eastJwest across Lot 1, Block 1, Sylvan Hills Plat 8 and Lot 2, Block 1, Sylvan Hills Plat 6). All overhead utility lines will be removed as part of the demolition process. NSP has been contacted to �uit C1aim the NSP easements to the Fridfey HRA. Street Rights-of-Way There are two public street rights-of-way proposed to be vacated as part of this request. The right-of- way for the frontage road north of Satellite Lane to Mississippi Street is proposed to be vacated, and the small stub of 3rd Street just north of Sateflite Lane is also proposed to be vacated. Any utility lines in the vicinity of these rights-of-way will either be abandoned, removed, or utilized as part of the development plan. PLANNING COMMISSION RECOMMENDATION: New easements and rights-of-way will be platted as part of the plat request. The Planning Commission recommended approval of vacation request, SAV #95-02, subject to the following stipulations: 1. Rottlund Homes Inc. shall record any utility easements as requested by the utility companies, either on the plat or by separate document. 2. Compliance with the stipulations of rezoning request, ZOA #95-01, and plat request, P.S. #95- 01. 10.72 Vacation Request, SAV #95-02 Rottlund Homes, Inc. Page 3 RECOMMENDED ACTtON: Staff recommends that the City Council close the pubiic hearing. 10.73 Ir z � I� � �oz,Et000X�x � �9�g8 � O � - ••s •� 0 w S 8!) 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' �� - WATER w '- U b. �E � �I �-�f"° �.. � ........... � ❑ PEDESTAL � 1.S �..... � w/VAG�i . � �� `� r �1..Jx ` . 1'7.6 \�� 1.? x . l. �: ��` � �" \ � h �` ��Z1 1 ■��.� �0` �6t.1 ,, `' �� I�' . . ._ 1O.7H _, ' . . a Y .., .{ ; , �- �-- � � ��`' ii �'. �.i gRU�NOUS .. , ��'� I ' V � 95 ~ Q DECIi J ( � �� t lund�Iomes Inc �'�� i � +� I � � �++ �1.'1 '.i � ;�` I '`' •.� t� vj �;; ��4 ...,i %A��? STEEL OOLti/V� '••: , .: 1$AMS` TYP' � '. • ---.-._ "< �. ':I �e�1� �;;'k �� .�� '� s ` •' �+ w l��, ;: • .... : � >+ ��'" �� • N � ' .� �� E"' . - , �i .., �-�„� d� � �� T A�f17 � ' I � � W � �ree1.J? �?i r e� �.z� � es � �' • x � f �� a- e. q � � ••:�. � � , •�� I � ... T Q8 f.?3 ; � O , 1 '�y �p,Qx , . i a �. , I :� ; .:::. _ � i ee%i� • �• t e�> » ;� ` -I I � '�' ::... .. ( °" iJ I � � � W1�� M I `� / �/ � � I i""` � � I .f• �'• :�•��• • •�• � I Q :,: � a I �'}� ' w � a �i � � ti q . �� ( :: � T �,.Qi ~ � ' � . LlGHTEQ � r �'� �Tt�iiOlb � �QJ � � x FRONTAGE ROAD �� .: . ,� � :: � � _. � -� � a �—• - • - • - . : �. _ - _ - � ��' : _ r�.�g.�_ _ - _ - - - - e,�. �p _' . ,. . _ _ _ ,.e� r eMOtu T e�e�atel� L;31.41 �' r T=2 �� °" r ""'_— w- a, r _ � _ ,� ,.. 220.36 � t ; - - .� -._ - � = k - �., �. �-,� _ . �,'.� - �� .. r ��.. � �"s.� s-`: -ff. -=� � � a:- � : .....� ., . �__ � � s�I' . � � � � �� •~ � . - '�� . .. '- . .. . _ N� . � . s. �`. - , . .;. . , " � .... „-� i��...- . .'. . "". � ,. i ,- .. . . .. . . �., , ..- . � . . VMO � � _ " . _ � , ' . " • • �� ` ' � - � . . ' � .. a��R/W �' ' cv . _ , .. � .. .. . � � . � . � �� .`.- k. .�'� , ' ' ' " . .�.- .`�. at- . . _ . - _ . , � . . � � � . � _�_: _ -�at- z ' ...�a a� ., :ty �r., _ :, r, -. . � � . .. , ..�:.r �., � p � 10.79 Minnegasco� A !�!^O''J�1M ENERGYCOMPANY Apri125, 1995 Bazbara Dacy, AICP Community Development Director City of Fridley 6431 University Avenue N.E. Fridley, MN. 55432-4384 RE: Street Vacation of University Avenue Frontage Road, North of Satellite Lane and South of Mississippi Street Dear Ms. Dacy: With reference to the proposed street vacation menrioned above, Minnegasco does have an existing 12 inch natural gas main in that portion of the frontage road proposed to be vacated. Since this gas main is an important part of our distribution system for this area and supplies gas mains to the East and West ofNTississippi Street, we must strongly object to this proposed vacation unless suitable ea.sement rights are reserved to Mu�aegasco, pursuazrt to MSA 160.29. Please reserve a.n easement to 11�nne asco, created by and within the document establishing the street vacation and filed with the Anoka County Recorders office, over aU of the area proposed street vacation: We may consider removing our objection should the petitioner wish to reimburse Minnegasco the cost of relocating the exisring gas main. To discuss this and other options that ma.y be available, please have the getitioner contact Rick Pilon, Senior Administration Engineer at 321-5426. Thank you for the advance notice and please send me a copy of the final action on this proposed vacation. Sincerely, �, Steven Von Bazgen Real Estate Specialist Minnegasco 700 West Linden Avenue P.O. Box 1165 Minneapolis, MN 55440-1165 1 : 1, � -- -- �f� � y� -ls38 �yl -�3� , -- _ __ _ ---- ----------.-- .; / U Q � Community Development Department PI.ANNING DIVISION City of Fridley DATE: August 10, 1995 /�� 1 �! TO: William Burns, City Manager �',�+ FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Public Hearing on an Ordinance Recodifying the Fridley City Code, Chapter 205, entitled "Zoning" by amending Section 205.25.08.0 , and Repea2inq Section 205.24 and Adopting a New Section 205.24, Creating Floodplain Regulations " The City Council established August 14, 1995 as the date of the public hearing for the revision of the floodplain ordinance. The purpose of this memo is to describe the major changes to Section 205.24, "Creek and River Preservation District Regulations" and one minor change to Section 205.25, "Critical Area Regulations". Section 205.24, Creek and River Preservation (Floodplain) District Chanc�es History/Purpose The current Creek and River Preservation District regulations were originally adopted in 1977. In 1988, the Federal Emergency Management Agency adopted a variety of changes to this district. The original ordinance created CRP-1 (Floodway) and CRP-2 (Flood fringe) districts. The purpose of the district regulations was to curtail development in the floodway and permit development which met minimum standards in the flood fringe district. These regulations included establishing minimum first-floor elevations for habitable dwellings and required the issuance of a special use permit prior to development in the flood fringe. A graphic is attached showing the difference between the floodplain and flood fringe areas. Proposed Chanqes The 1988 changes include the following: 11.01 Floodplain Regulations August 10, 1995 Page 2 1. Establishment of a third district entitled "General Floodplain District", which includes all "Unnumbered A Zones" depicted on the National Flood Insurance Rate Map. 2. Additional standards for manufactured homes, manufactured home parks, and placement of travel trailers and travel vehicles (the City does not have nor permit placement of these structures within the existing CRP-1 or CRP-2 district}. There were no changes to the existing setback or minimum elevation requirements or special use permit requirements in the CRP-1 or the CRP-2 districts. The boundaries of the dis�ricts as indicated on the City's official Zoning Map will not change. Impact to Residents The proposed changes to the district regulations should not impact the City of Fridley residents. The existing minimum standards and the area which is affected will not change as a result of the proposed changes. Section 205.25, Critical Area Regulations As a result of the Wayne Dahl variance reguest in i994, the City Council directed staff to amend Section 205.25 to include notification of the Environmental Quality Board for all variance requests in the Critical Area. Staff will prepare this ordinance amendment for review with the floodplain ordinance. RECOMMENDATION Staff recommends that and recommend that the amendment. MM/dw M-95-435 the City Council conduct the public hearing City Council approve the ordinance 11.02 Chapter 2 rigure z.4 � ne nooaway ana nooa rr�nge Freeboard - A factor of safety usually expressed in feet above a certain flood level. For example, most communities might require a structure's lowest floor to be placed at 1' above the 100- year flood level. Freeboard compensates for the many unknown factors (e.g., waves, ice, debris, etc.) that may increase flood Ieveis beyond the caiculated level. Another example of freeboard is found in Minnesota regulations which require, at a minimum, that properly designed and constructed (permanent) Ievees have at a minimum three feet of freeboard above the 100-year flood in order to remove the area behind the levee from the floodplain designation. � � lowest floor elevation has 1' freeboard � above 100-year flood levei �� -- 100-year fiood Figure 2.5 Freeboard 11g03 Commonly Used Terms Lowes# Floor - The lowest floor of the lowest e-: �losed area (including basement). � Regulatory Flood Protection Elevatio� (RFPE) - The minimum elevation established by local � ordinance for which all new floodplain development must be protected against flood damage. At a muumum, this is an elevation no lower than the 100-year flood elevation plus any increase in flood levels resulting from the designation of flood fringe azeas. The DNR strongly encourages all communities to also include at least 1"of freeboazd in their local ordinance. Substantial Improvement - Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the mazket value of the structure either before the improve- ment or repair is started or, if the structure has been damaged and is being restored, before the damage occurred (FEMA definition). Watershed - The total land area upstream of a given point along or adjacent to a waterbody that contributes drainage of surface water to that point. 2. Acronyms BFE - Base Flood Elevation CAC - Community Assistance Contact CAV - Community Assistance Visit CRS - Community Rating System �NR - Minnesota Department of Natural Resources FBFM - Flood Boundary and Floodway Map FDR - Flood Damage Reduction Program FEMA - Federal Emergency Management Agency FHBM - Flood Hazard Boundary Map FIA - Federal Insurance Administration FIRM - Flood Insurance Rate Map LOMA - Letter of Map Amendment LOMR - Letter of Map Revision NFIP -National Flood Insurance Program NOHW - Natural Ordinary High Water Level �tFPE - Regulatory Flood Protection Elevation SBC - State Building Code SFHA - Special Flood Hazard Area 11 �t�4 � , E NO. AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CBAPTER 205, BNTITLED ��ZONING��, BY AMENDING SECTION 205.25.8.C, AND REPEALING SECTION 205.24. AND ADOPTINt� A NEW SECTION 205.24. The City Council of the City of Fridley does hereby ordain as follows: 205.25.8.0 ADDITIONAL REQUIREMENTS FOR ALL STRUCTURES S4j The following agencies shall be notified of all variance requests to the above setback requirements: The Minnesota Department of Natural Resources and Environmental 4ualitv Board. 205.24 CREEK AND RIVER PRESERVATION DISTRICT REGULATIONS 1. PURPOSE It is the purpose of this Ordinance to promote the public health, safety, and general welfare and to minimize those losses described in Section 205.24.02 by provisions contained herein: In addition, the purpose of this district is to: A. Regulate and ensure orderly development of the City's floodplain and fringe lands. B. Preserve and protect the natural state of creeks and rivers in the City. C. Protect surface and ground water quality and quantity. D. Minimize the losses due to periodic flooding and eliminate obstructions of flood flow that would cause hazards to life and property. 2. FINDINGS OF FACT The flood hazard areas of the city, are subject to periodic inundation which results in potential loss of life, loss of property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare of the residents of the City. 11.05 3. LAND SUBJECT TO THIS DISTRICT A. Establishment of Boundaries The boundaries of the Creek and River Preservation District are hereby established as shown on the of.ficial zoning map of the City of Fridley. This boundary is made up of two (2) protection zones (CRP-1, "Floodway", and CRP-2 "Flood Fringe") which contain all lands within the jurisdiction of the City which are subject to periodic flooding by a regional flood and which lie below the regulatory flood protection elevation on the Official Creek and River Profile (hereinafter called the "Profile") contained within the Flood Insurance Study prepared for the City of Fridley. It also includes all the areas designated as unnumbered A zones (CRP-3, "General Floodplain District") on the Flood Insurance Rate Map for the City of Fridley. The Flood Insurance Study for the City of Fridley prepared by the Federal Insurance Administration dated September 2, 1980, and the Flood boundary and Floodway Maps and Flood Insurance Rate Maps therein are adopted by reference. 8. Location of Boundaries The elevations as shown on the Profile and other available technical data contained in the Flood Insurance Study shall be the governing factor in locating creek and river protection boundaries. The Official Zoning Map shall be on file in the Office of the City Clerk and the Community Development Department. 4. USES PERMITTED - FLOODWAY (CRP-1) A. Principal Uses and Standards (1) General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting. (2) Industrial-commercial loading areas, parking areas, and airport landing strips. (3) Private and public golf courses, tennis courts, driving ranges, archery ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, and single or multiple purpose recreational trails. 2 11.06 (4) Residential lawns, gardens, parking areas, and play areas. (5) Standards: (a) The use shall have a low flood damage potential. (b) The use shall be permissible in the underlying zoning district if one exists. (c) The use shall not vbstruct flood flows or increase flood elevations and shall not involve structures, fill, obstructions, excavations or storage of materials or equipment. B. Uses Permitted with a Special Us� Permit and Standards (1) Structures accessory to the uses listed in 205.24.04.(A) above and the uses listed in 205.24.04.(B). 2-8 below, subject to the following standards: (a) Accessory structures shall not be designed for human habitation. (b) Accessory structures, if permitted, shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of flood waters. 1) Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow, and, 2) So far as practicable, structures shall be placed approximately on the same flood flow lines as those of adjoining structures. (c) Accessory structures shall be elevated on fiZl or structuraZly dry flood-proofed in accordance with the FP-1 or FP-2 flood proofing classifications in the State Building Code. As an alternative, an accessory structure may be flood proofed to the FP-3 or FP-4 flood proofing classification in the State Building Code provided the accessory structure constitutes 3 11.07 a minimal investment, does not exceed 500 square feet in size, and for a detached garage, the detached garage must be used solely for parking of vehicles and limited storage. All flood proofed accessory structures must meet the following additional standards, as appropriate: 1) The structure must be adequately anchored to prevent flotation, collapse or lateral movement of the structure and shall be designed to equalize hydrostatic flood forces on exterior walls; and 2) Any mechanical and utility equipment in a structure must be elevated to or above the Regulatory flood Protection Elevation or properly flood proofed. (2) Extraction and storage of sand, gravel, and other materials. (3) Marinas, boat rentals, docks, piers, wharves., and water control structures. (4) Railroads, streets, bridges, utility transmission lines, and pipelines. (5) Storage yards for equipment, machinery, or. materials, subject to the following standards: (a) The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. (b) Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning and in accordance with a plan approved by the Governing Body. (6) Placement of fill, subject to the following standards: (a) Fill, dredge spoil and all other similar materials deposited or stored in the flood plain shall be protected from erosion by vegetative cover, mulching, riprap or other 4 11.08 acceptable method. (b) Dredge spoil sites and sand and gravel operations shall not be allowed in the floodway unless a long-term site development plan is submitted which includes an erosion/sedimentation prevention element to the plan. (c) As an alternative, and consistent with subsection (b) immediately above, dredge spoil disposal and sand and gravel operations may allow temporary, on-site storage of fill or other materials which would have caused an increase to the stage of the 100 year or regional flood but only after the Governing Body has received an appropriate plan which assures the removal of the materials from the floodway based upon the flood warning time available. The Conditional Use Permit must be title registered with the property in the Office of the County Recorder. . (7) Travel trailers and travel vehicles either on individual lots of record or in existing or new subdivisions or commercial or condominium type campgrounds, subject to the exemptions and provisions of Section 205.24.07.D of this Ordinance. (8) Structural works for flood control such as levees, dikes and floodwalls constructed to any height where the intent is to protect individual structures and levees or dikes where the intent is to protect agricultural crops for a frequency flood event equal to or less than the 10-year frequency flood event. (9� Standards: (a) No structure (temporary or permanent), fill (including fill for roads and levees), deposit, obstruction, storage of materials or equipment, or other uses may be allowed as a Conditional Use that will cause any increase in the stage of the 100-year or regional flood or cause an increase in flood damages in the reach or reaches affected. (b) Subject to the procedures and standards contained in Section 205.24.10.D. � 11.09 (c) The Special Use shall be permissible in the underlying zoning district if one exists. (d) Structural works for flood control that will change the course, current or cross section of protected wetlands or public waters shall be subject to the provisions of Minnesota Statute, Chapter 105. Community-wide structural works for flood control intended to remove areas from the regulatory flood plain shall not be allowed in the floodway. (e) A levee, dike or floodwall constructed in the floodway shall not cause an increase to the 100-year or regional flood and the technical analysis must assume equal conveyance or storage loss on both sides of a stream. 5. USES PERMITTED - FLOOD FRINGE DISTRICT (CRP-2) A. Principal Uses and Standards Permitted Uses shall be those uses of land or structures listed as Permitted Uses in the underlying zoning use district(3). If no pre-existing, underlying zoning use districts exist, then any residential or non-residential structure or use of a structure or land shall be a Permitted Use in the Flood Fringe provided such use does not constitute a public nuisance. All Permitted Uses shall comply with the following standards: (1) All structures, including accessory structures, must be eievated on fill so that the lowest floor including basement floor is at or above the Regulatory Flood Protection Elevation. The finished fill elevation for structures shall be no lower.than one (1) foot below the Regulatory flood Protection Elevation and the fill shall extend at such elevation at least fifteen (15) feet beyond the outside limits of the structure erected thereon. (2) As an alternative to elevation on fill, accessory structures that constitute a minimal investment and that do next exceed 500 square feet for the outside dimension at ground level may be internally flood proofed in accordance with Section 205.24.04.B.(1).(c). (3) The cumulative placement of fill where at any one time in excess of one-thousand (1,000) cubic yards � 11.10 of fill is located on the parcel shall be allowable only as a Conditional Use, unless said fill is specifically intended to elevate a structure in accordance with Section 205.24.05.A.(1). (4) The storage of any materials or equipment shall be elevated on fill to the Regulatory Flood Protection Elevation. B. Uses Permitted with a Special Use Permit and Standards Any structure that is not elevated on fill or flood proofed in accordance with Section 205.24.05.A.(1,2) or any use cf land that does not comply with the standards in Section 205.24.05.A.(3,4). The use shaZl comply with the followinq standards: (1) Alternative elevation methods other than the use of fill may be utilized to elevate a structure's lowest floor above the Regulatory Flood Protection Elevation. These alternative methods may include the use of stilts, pilings, parallel walls, etc., or above-grade, enclosed areas such as crawl spaces or tuck under garages. The base of floor of any enclosed area shall be considered above- grade and not a structure's basement or lowest floor if: a) the enclosed area is above-grade on at least one side of the structure; b) it is designed to internally flood and is constructed with flood resistant materials; and c) it is used solely for parking of vehicles, building access or storage. The above-noted alternative elevation methods are subject to the following additional standards: (a) The structure's design and as-built condition must be certified by a registered professional engineer or architect as being in compliance with the general design standards of the State Building Code and, specifically, that all electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities must be at or above the Regulatory Flood Protection Elevation or be designed to prevent flood water from entering or accumulating within these components during times of flooding. 7 11.11 (b) Above-grade fully enclosed areas such as crawl spaces or tuck under garages must be designed to internally flood and the design plans must stipulate: (1) The minimum area of openings in the walls where internal flooding is to be used as a flood proofing technique. When openings are placed in a structure's walls to provide for entry of flood waters to equalize pressures, the bottom of all openings shall be no higher than one-foot above grade. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of flood waters. (2) That the enclosed area will be designed of flood resistant . materials in accordance with the FP-3 or FP-4 classifications in the State Building Code and shall be used solely for building access, parking of vehicles or storage. (2) Basements, as defined by Section 205.23.04.D, shall be subject to the following standards: (a) Residential basement construction shall not be allowed below the Regulatory Flood Protection Elevation. (b) Non-residential basements may be allowed below the Regulatory Flood Protection Elevation provided the basement is structurally dry flood proofed in accordance with Section 5.43 of this Ordinance. (3) All areas of non residential structures including basements to be placed below the Regulatory Flood Protection Elevation shall be flood proofed in accordance with the structurally dry flood proofing classifications in the State Building Code. Structurally dry flood proofing must meet the FP-1 or FP-2 flood proofing classification in the State Building Code and this shall require making the structure watertight with the walls substantially impermeable to the passage of water : 11.12 and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. Structures flood proofed to the FP-3 or FP-4 classification shall not be permitted. (4) When at any one time more than 1,000 cubic yards of fill or other'similar material is located on a parcel for such activities as on-site storage, landscaping, sand and gravel operations, landfills, roads, dredge spoil disposal or construction of flood control works, an erosion/sedimentation control plan must be submitted unless the community is enforcing a state approved shoreland management ordinance. In the absence of a state approved shoreland ordinance, the plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the 100-year or regional flood event. The plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the Governing Body. The plan may incorporate alternative procedures for removal of the material from the flood plain if adequate flood warning time exists. (5) Storage of materials and equipment subject to the following standards: (a) The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. (b) Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning and in accordance with a plan approved by the Governing Body. (c) The provisions of Section 205.24.05.0 of this Ordinance shall also apply. C. Additional Standards (1) All new principal structures must have vehicular access at or above an elevation more than two (2) feet below the Regulatory Flood Protection Elevation. If a variance to this requirement is granted, the Board of Adjustment must specify 0 11.13 limitations on the period of use of occupancy of the structure for times of flooding and only after determining that adequate flood warning time and local flood emergency response procedures exist. (2) Commercial Uses - accessory land uses, such as yards, railroad tracks, and parking lots may be at elevations lower than the Regulatory Flood Protection Elevation. However, a permit for such facilities to be used by the employees or the general public shall not be granted in the absence of a flood warning system that provides adequate time for evacuation if the area would be inundated to a depth greater than two feet or be subject to flood velocities greater than four feet per second upon occurrence of the regional flood. (3) Manufacturing and Industrial Uses - measur�s shall be taken to minimize interference with normal plan operations especially along streams having protracted flood durations. Certain accessory land uses such as yards and parking lots may be at lower elevations subject to requirements set out in Section 205.24.05.C.(2) above. In considering permit applications, due consideration shall be given to ne�ds of any industry whose business requires that it be located in flood plain areas. (4) Fill shall be properly compacted and the slopes shall be properly protected by the use of riprap, vegetative cover or other acceptable method. The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100-year flood elevation - FEMA's requirements incorporate specific fill compaction and side slope protection standards for multi-structure or multi-lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested. (5) Flood plain developments shall not adversely affect the hydraulic capacity of the channel and adjoining flood plain of any tributary watercourse or drainage system where a floodway or other encroachment limit has not been specified on the Official Zoning Map. (6) Standards for travel trailers and travel vehicles 10 11.14 6. are contained in Section 205.24.07. (7) All manufactured homes must be securely anchored to an adequately a anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces. USES PERMITTED GENERAL FLOOD PLAIN DISTRICT (CRP-3) A. B. Principal Uses and Standards (1) The uses listed in Section 205.24.04.A shall be permitted uses. (2) All other uses shall be subject to the floodway/flood fringe evaluation criteria pursuant to Section 205.24.06.B below. Section 205.24.04 shall apply if the proposed use is in the Floodway District and Section 205.24.05 shall apply if the proposed use is in the Flood Fringe District. Floodway and Flood Fringe Determinations Within the General Flood Plain District. (1) Upon receipt of an application for a Conditional Use Permit for a use within the General Flood Plain District, the applicant shall be required to furnish such of the following information as is deemed necessary by the Zoning Administrator for the determination of the Regulatory Flood Protection Elevation and whether the proposed use is within the Floodway or Flood Fringe District. (a) A typical valley cross-section showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross-sectional areas to be occupied by the proposed development, and high water information. (b) Plan (surface view) showing elevations or contours of the ground; pertinent structure, fill, or storage elevations; size, location, and spatial arrangement of all proposed and existing structures on the site; locations and elevations of streets; pliotographs showing existing land uses and vegetation 11 11.15 upstream and downstream; and soil type. (c) Profile showing the slope of the bottom of the channel or flow line of the stream for at least 500 fee in either direction from the proposed development. (2) The applicant shall be responsible to submit one copy of the above information to a designated engineer or other expert person or agency for technical assistance in determining whether the proposed use is in the Floodway or Flood Fringe District and to determine the Regulatory Flood Protection Elevation. Procedures consistent with Minnesota Regulations 1983, Parts 6120.5000 - 6120.6200 shall be followed in this expert evaluation. The designated engineer or expert technical evaluation methodology with the respective Department of Natural Resources' Area Hydrologist prior to commencing the analysis. The designated engineer or expert shall: (a) Estimate the peak discharge of the regional flood. (b) Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas. (c) Compute the floodway necessary to convey or store the regional flood without increasing flood stages more than 0.5 foot. A lesser stage increase than .5' shall be required if, as a result of the additional state increase, increased flood damages would result. An equal degree of encroachment on both sides of the stream within the reach shall be assumed in computing floodway boundaries. (3) The Zoning Administrator shall present the technical evaluation and findings of the designated engineer or expert to the Governing Body. The Governing Body must formally accept the technical evaluation and the recommended Floodway and/or Flood Fringe District boundary or deny the permit application. The Governing Body, prior to official action, may submit the application and all supporting data and analysis to the Federal Emergency Management Agency, the Department of Natural Resources or the Planning Commission for 12 ��.1s 7. review and comment. Once the Floodway and Flood Fringe Boundaries have been determined, the Governing Body shall refer the matter back to the Zoning Administrator who shall process the permit application consistent with the applicable provisions of Sections 205.24.04 and 205.24.05. MANUFACTURED HOMES AND MANUFACTURED HOME PARKS AND PLACEMENT OF TRAVEL TRAILERS AND TRAVEL VEHICLES A. New manufactured home parks and expansions to existinq manufactured home parks shall be subject to the provisions placed on subdivisions by Section 205.24.09. B. The placement of new or replacement manufactured homes in existing manufactured home parks or on individual lots of record that are located in flood plain districts will be treated as a new structure and may be placed only if elevated in compliance with Section 205.24.05. If vehicular road access for pre-existing manufactured home parks is not provided in accordance with Section 205.24.05.C, then replacement manufactured homes will not be allowed until the property owner(s) develops a flood warning emergency plan acceptable to the Governing Body. C. All manufactured homes must be adequately anchored foundation flotation, collapse and lateral anchoring may include, but are us� of over-the-top or frame ti This requirement is in addition or local anchoring requirements forces. securely anchored to an system that resists movement. Methods of not to be limited to, es to ground anchors. to the applicable state for resisting wind D. Travel trailers and travel vehicles that do not meet the exemption criteria specified in Section 205.24.07.E below shall be subject to the provisions of this Ordinance and as specifically spelled out in Sections 205.24.07.E.(2) and (3) below. E. Exemptions (1) Travel trailers and travel vehicles are exempt from the provisions of this Ordinance if they are placed in the following areas: (a) (b) Individual lots or parcels of record. Existing commercial recreational vehicle parks or campgrounds. 13 11.17 (c) Existing condominium type associations. and they meet the following criteria: (a) Have current licenses required for highway use. (b) Existing commercial recreational vehicle parks or campgrounds. (c) Existing condominium type associations. and they meet the following criteria: (a) Have current licenses required for highway use. (b) Are highway ready meaning on wheels or the internal jacking system, are attached to the site only by quick disconnect type utilities commonly used in campgrounds and trailer parks and the travel/trailer travel vehic�e has no permanent structural type additions attached to it. (c) The travel trailer or travel vehicle and associated use must be permissible in any pre-existing, underlying zoning use district. (2) Travel trailers and travel vehicles exempted in Section 205.24.07.E.(1) lose this exemption when development occurs on the parcel exceeding $500 dollars for a structural addition to the travel trailer/travel vehicle or an accessory structure such as a garage or storage building. The travel trailer/travel vehicle and all additions and accessory structures will then be treated as a new structure and shall be subject to the elevation/flood proofing requirements and the use of land restrictions specified in sections 205.24.04 and 205.24.05. (3) New commercial travel trailer or travel vehicle parks or campgrounds and new residential type subdivisions and condominium associations and the expansion of any existing similar use exceeding five (5) units or dwelling sites shall be subject to the following: (a) Any new or replacement travel trailer or travel vehicle will be allowed in the 14 11.18 Floodway or Flood Fringe Districts provided said trailer or vehicle and its contents are placed on fill above th� Regulatory Flood Protection Elevation and proper elevated road access to the site exists in accordance with Section 205.24.05.C. No fill placed in the floodway to meet the requirements of this Section shall increase flood stages of the 100-year or regional flood. (b) All new or replacement travel trailers or travel vehicles not meeting the criteria of (a) above may, as an alternative, be allowed as a Conditional Use if in accordance with the following provisions and the provisions of Section 205.24.10.(2).D. The applicant must submit an emergency plan for safe evacuation of all vehicles and people during the 100 year flood. Said plan shall be prepared by a registered engineer or other qualified individual and shall demonstrate that adequate time and personnel exist to. carry out the evacuation. Al1 attendant sewage and water facilities for new or replacement travel trailers or other recreational vehicles must be protected or constructed so as to not be impaired or contaminated during times of flooding in accordance with Section 205.24.09.C. 9. SUBDIVISIONS A. No land shall be subdivided which is unsuitable for the reason of flooding, inadequate drainage, water supply or sewage treatment facilities. All lots within the flaod plain districts shall contain a building site at or above the Regulatory Flood Protection Elevation. All subdivisions shall have water and sewage treatment facilities that comply with the provisions of this Ordinance and have road access both to the subdivision and to the individual building sites no lower than two feet below the Regulatory flood Protection Elevation. For all subdivisions in the flood plain, the Floodway and Flood Fringe boundaries, the Regulatory Flood Protection Elevation and the required elevation of all access roads shall be clearly labelled on all required subdivision drawings and platting documents. B. In the General Flood Plain District, applicants shall provide the information required in Section 205.24.06.B to determine the 100-year flood elevation, the floodway 15 11.19 and Flood Fringe District Boundaries and the Regulatory Flood Protection Elevation for the subdivision site. . C. Removal of special Flood Hazard Area Designation: The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100-year flood elevation. FEMA's requirements incorporate specific fill compaction and side slop protection standards for multi-structure or multi-lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested. 10. PUBLIC UTILITIES, ROADS AND BRIDGES A. Public Utilities. All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the flood plain shall be flood-proofed in accordance with the State Building Code or elevated to above the Regulatory flood . Protection Elevation. B. Public Transportation Facilities. Railroad tracks, roads, and bridges to be located within the flood plain shall comply with Sections 4.0 and 5.0 of this Ordinance. Elevation to the Regulatory Flood Protection Elevation shall be provided where failure or interruption of these transportation facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety. C. On-site Sewage Treatment and Water Supply Systems: Where public utilities are not provided: 1) On-site water supply systems must be designed to minimize or eliminate infiltration of flood waters into the systems; and 2) New or replacement on-site sewage . treatment systems must be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters and they shall not be subject to impairment or contamination during times of flooding. Any sewage treatment system designed in accordance with the State's current statewide standards for on-site sewage treatment systems shall be determined to be in compliance with the Section. 16 11.20 11. INTERPRETATION AND ADMINISTRATION A. Interpretation (1) In their interpretation and application, the provisions of this Ordinance shall be held to be the minimum requirements and shall be liberally construed in favor of the Governing Body and shall not be deemed a limitation or repeal of any other powers granted by State Statutes. (2) The boundaries of the zoning districts shall be determined by scaling distances on the Official Zoning Map. Where interpretation is needed as to the exact location of the boundaries of the district as shown on the Official Zoning Map, as for example where there appears to be a conflict between a mapped boundary and actual field conditions and there is a formal appeal of the decision of the Zoning Administrator, the Board of Adjustment shall make the necessary interpretation. All decisions will be based or� elevations on the regional (100-year) flood profile and other available technical data. Persons contesting the location of the district boundaries shall be given a reasonable opportunity to present their case to the Board and to submit technical evidence. (3) It is not intended by this Ordinance to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Ordinance imposes greater restrictions, the provisions of this Ordinance shall prevail. All other ordinances inconsistent with this Ordinance are hereby repealed to the extent of the inconsistency only. (4) This Ordinance does not imply that areas outside the flood plain districts or land uses permitted within such districts will be free from flooding or flood damages. This Ordinance shall not create liability on the part of any officer or employee thereof for the City for any flood damages that result from reliance on this Ordinance or any administrative decision lawfully made thereunder. (5) If any section, clause, provision, or portion of this Ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Ordinance shall not be affected 17 11.21 thereby. B. Administration (1) The Zoning Administrator or other official designated by the Governing body shall administer and enforce this Ordinance. If the Zoning Administrator finds a violation of the provisions of this Ordinance, the Zoning Administrator shall notify the person responsible for such violation in accordance with the procedures stated in Section 205.24.12. (2) Permits Required: (a) A Permit issued by the Zoning Administrator in conformity with the provisions of this Ordinance shall be secured prior to the erection, addition, or alternation of any building, structure, or portion thereof; prior to the use of change of use of a building, structure, or land; prior to the change or extension of a nonconforming use; and prior to the placement of fill, excavation of materials, or the storage of materials or equipment within the flood plain. (b) Application for a Permit shall be made in duplicate to the Zoning Administrator on forms furnished by the Zoning Administrator and shall include the following where applicable: plans in duplicate drawn to scale, showing the nature, location, dimensions and elevations of the lot; existing or proposed structures, fill, or storage of materials; and the location of the foregoing in relation to the stream channel. (c) Prior to granting a Permit or processing application for a Conditional Use Permit Variance, the Zoning Administrator shall determine that the applicant has obtained necessary State and Federal Permits. (d) It shall be permit the u or premises created, in Certificate been issued stating that an or all unlawful to use, occupy, or se or occupancy of any building or part thereof hereafter its use of structure until a of Zoning Compliance shall have by the Zoning Administrator the use of the building or land 18 11.22 conforms to the requirements of this Ordinance. (e) Permits, Conditional Use Permits, or Certificates of Zoning Compliance issued on the basis of approved plans and applications authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Any use, arrangement, or construction at variance with that authorized shall be deemed a violation of this Ordinance, and punishable as provided by Section 205.24.12. (f) The applicant shall be required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fiZl and building elevations were accomplished in compliance with the provisions of this ordinance. Flood-proofing measures shall•be certified by a registered professional engineer or registered architect. (g) The Zoning Administrator shall maintain a record of the elevation of the lowest floor (including basement) of all new structures and aiterations or additions to existing structures in the flood plain. The Zoning Administrator shall also maintain a record of the elevation to which structures or alterations and additions to structures are flood-proofed. C. Variances (1) The Appeals Commission shall adopt rules for the conduct of business and may exercise all of the powers conferred on such Boards by State law. (2) The Commission shall hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determinativn made by an administrative official in the enforcement or administration of this Ordinance. (3) The Commission may autharize upon appeal in specific cases such relief or variance from the terms of this Ordinance as will not be contrary to the public interest and only for those 19 11.23 circumstances such as hardship, practical difficulties or circumstances unique to the property under consideration, as provided for in the respective enabling legislation for planning and zoning for cities or counties as appropriate. In the granting of such variance, the Commission shall clearly identify in writing the specific conditions that existed consistent with the criteria specified in the respective enabling legislation which justified the granting of the variance. No Variance shall have the effect of allowing in any district uses prohibited in that district, permit a lower degree of flood protection than the Regulatory flood Protection Elevation for the particular area, or permit standards lower than those required by State Law. (4) Upon filing with the Appeals Commission of an appeal from a decision of the Zoning Administrator, the Commission shall comply with Section 205.05.05 in processing all such requests. The Commission shall submit by mail to the • Commissioner of Natural Resources a copy of the application for proposed Variances sufficiently in advance so that the commissioner will receive at least ten days notice of the hearing. (5) In passing upon an appeal, the Board may, so long as such action is in conformity with the provisions of this Ordinance, reverse or affirm, wholly or in part, or modify the order, requirement, decision or determination of the Zoning Administrator or other public official. It shall make its decision in writing setting forth the finds of fact and the reasons for its decisions. In granting a Variance, the Board may prescribe appropriate conditions and safeguards such as those specified in Section 205.24.10, which are in conformity with the purposes of this Ordinance. Violations of such conditions and safeguards, when made a part of the terms under which the Variance is granted, shall be deemed a violation of this Ordinance punishable under Section 205.24012. A copy of all decisions granting Variances shall be forwarded by mail to the Commissioner of Natural Resources within ten (10) days of such action. (6) Appeals from any decision of the Board may be made, and as specified in the City's Official Controls and also Minnesota Statutes. 20 11.24 (7) The Zoning Administrator shall notify the applicant for a variance that: aj The issuance af a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and b) Such construction below the 100-year or regional flood level increases risks to life and property. Such notification shall be maintained with a record of a1Z variance actions. A community shall maintain a record of all variance actions, including justification for their issuance, and report of such variances issued in its annual or biennial report submitted to the Administrator of the National Flood Insurance Program. D. Special Use Permits (1) The Planning Commission shall hear and decide applications for Special Uses permissible under this Ordinance. Applications shall be submitted to the Zoning Administrator who shall forward the application to the City Council for consideration. (2) Upon filing with the Planning Commission an application for a Special Use Permit, the Zoning Administrator shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed Conditional Use sufficiently in advance so that the Commissioner will receive at least ten days notice of the hearing. (3) The Planning Commission shall comply with Section 205.04 regarding special use permits. In grantinq a Special Use Permit, the Planning Commission shall prescribe appropriate conditions and safeguards, in addition to those specified in Section 10.46, which are in conformity with the purposes of this Ordinance. Violations of such conditions and safeguards, when made a part of the terms under which the Conditional Use Permit is granted, shall be deemed a violation of this Ordinance punishable under Section 205.24.12. A copy of all decisions granting Special Use Permits shall be forwarded by mail to the Commissioner of 21 11.25 Natural Resources within ten (10) days of such action. (4) Procedures to be followed by the Planning Commission: (a) Require the applicant to furnish such of the following information and additional information as deemed necessary by the Planning commission for determining the suitability of particular site for the proposed use: 1) Plans in triplicated drawn to scale showing the nature, location, dimensions, and elevation of the lot, existing or proposed structures, fill, storage of materials, flood-proofing measures, and the relationship of the above to the location of the stream channel. 2) Specifications for building construction and materials, flood-proofing, filling, dredging, grading, channel improvement, storage of materials, water supply and sanitary facilities. (b) Transmit one copy of the informativn described in subsection (2) to a designated engineer or other expert person or agency for technical assistance, where necessary, in evaluating the proposed project in relation to flood heights and velocities, the seriousness of flood damage to the use, the adequacy of the plans for protection, and other technical matters. (c) Based upon the technical evaluation of the designated engineer or expert, the Planning Commission shall determine the specific flood hazard at the site and evaluate the suitability of the proposed use in relation to the flood hazard. (5) In passing upon 5pecial Use applications, the Commission shall consider all relevant factors specified in other sections of this Ordinance, and: (a) The danger to life and property due to 22 11.26 increased flood heights or velocities caused by encroachments. (b) The danger that materials may be swept unto other lands or downstream to the injury of others or they may block bridges, culverts or other hydraulic structures. (c) The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions. (d) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. (e) The important of the services provided by the proposed facility to the community. (f) The reguirements of the facility for a • waterfront location. (g) The availability of alternative Zocations not subject to flooding for the proposed use. (h) The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. (i) The relationship of the proposed use to the comprehensive plan and flood plain management program for the area. (j) The safety of access to the property in times of flood for ordinary and emergency vehicles. (k) The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site. (1) Such other factor which are relevant to the purposes of this Ordinance. (6) Upon the consideration of the factors listed above and the purpose of this Ordinance, the Planning Commission shall attach such conditions to the granting of Special Use Permits as it deems necessary to fulfill the purposes of this Ordinance. Such conditions may incZude, but are 23 11.27 not limited to, the following: (a) Modification of waste treatment and water supply facilities. (b) Limitations on period of use, occupancy, and operation. (c) Imposition of operational controls, sureties, and deed restrictions. (d) Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures. (e) Flood-proofing measures, in accordance with the State Building Code and this Ordinance. The applicant shall submit a plan or document certified by a registered professional engineer or architect that the flood-proofing measures are consistent with the Regulatory Flood Protection Elevation and associated• flood factors for the particular area. 12. NONCONFORMING USES A. A structure or the use of a structure or premises which was lawful before the passage of amendment of this Ordinance but which is not in conformity with the provisions of this Ordinance may be continued subject to the following conditions: (1) No such use shall be expanded, changed, enlarged, or altered in a way which increases its nonconformity. (2) Any alteration or addition to a nonconforming structure or nonconforming use which would result in increasing the flood damage potential of that structure or use shall be protected to the Regulatory Flood Protection Elevation in accordance with any of the elevation on fill or flood proofing techniques (i.e., FP-1 thru FP-4 flood proofing classifications) allowable in the State Building Code, except as further restricted in Section 205.24.11.A.(3). (3) The cost of any structural alterations or additions to any nonconforming structure over the life of the structure shall not exceed 50 percent of the market value of the structure unless the 24 11.28 conditions of this Section are satisfied. The cost of all structural alterations and additions constructed since the adoption of the Community's initial flood plain controZs must be calculated into today's current cost which will include all costs such as construction materials and a reasonable cost placed on alI manpower or labor. If the current cost of all previous and proposed alterations and additions exceeds 50 percent of the current market value of the structure, then the structure must meet the standards of Section 205.24.04 or 205.24.05 for new structures depending upon whether the structure is in the Floodway or Flood Fringe, respectively. (4) If any of the nonconforming use is discontinued for 12 consecutive months, any future use of the building premises shall conform to this Ordinance. The assessor shall notify the Zoning Administrator in writing of instances of nonconforming uses which have been discontinued for a period of 12 months. • (5) If any nonconforming use or structure is destroyed by any means, including floods, to an extent of 50 percent or more of its market value at the time of destrtiction, it shall not be reconstructed except in conformity with the provisions of this Ordinance. The applicable provisions for establishing new uses or new structures in Sections 205.24.04, 205.24.05 or 205.24.06 will apply depending upon whether the use or structure is in the Flovdway, FZood Fringe or General Flood Plain District, respectively. 13. PENALTIES FOR VIOLATION A. Violation of the provisions of this Ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of Variances or Conditional Uses) shall constitute a misdemeanor and sha1Z be punishable as defined by Law. B. Nothing herein contained shall prevent the City from taking such lawful aetion as is necessary to prevent or remedy any violation. Such actions may include but are not limited to: (1) In responding to a suspected ordinance violation, the Zoning Administrator and Local Government may 25 11.29 utilize the full array of enforcement actions available to it including but not limited to prosecution and fines, injunctions, after-the-fact permits, orders for corrective measures or a request to the National Flood Insurance Program for a denial of flood insurance availability to the guilty party. The community must act in good faith to enforce these official controls and to correct ordinance violations to the extent possible so as not to jeopardize its availability in the National Flood Insurance Program. (2) When an ordinance violation is either discovered by or brought to the attention of the Zoning Administrator, the Zoning Administrator shall immediately investigate the situation and document the nature and extent of the violation of the official control. As soon as it is reasonably possible, this information will be submitted to the appropriate Department_of Natural Resources' and Federal Emergency Management Agency Regional Office along with the Community's plan of action to correct the violation to the degree possible. (3) The Zoning Administrator shall notify the suspected party of the requirements of this Ordinance and all other Official Controls and the nature and extent of the suspected violation of these controls. If the structure and/or use is under construction or development, the Zoning Administrator may order the construction or development immediately halted until a proper permit or approval is granted by the Community. If the construction or development is already completed, then the Zoning Administrator may either (1) issue an order identifying the corrective actions that must be made within a specified time period to bring the use or structure into compliance with the official controls, or (2) notify the responsible party to apply for an after-the-fact permit/development approval within a specified period of time not to exceed 30 days. (4} If the responsible party does not appropriately respond to the Zoning Administrator within the specified period of time, each additional day that lapses shall constitute an additional violation of this Ordinance and shall be prosecuted accordingly. The Zoning Administrator shall also upon the lapse of the specified response period � 11.3� notify the landowner to restore the land to the condition which existed prior to the violation of this Ordinance. 15. AMENDMENTS A. The flood plain designation on the Official Zoning Map shall not be removed from flood plain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regional flood and is contiguous to lands outside the flood plain. Special exceptions to this rule may be permitted by the Commission of Natural Resources if he determines that, through other measures, lands are adequately protected for the intended use. B. All amendments to this Ordinance, including amendments to the Official Zoning Map, must be submitted to and approved by the Commissioner of Natural Resources prior to adoption. Changes in the Official Zoning Map must meet the Federal Emergency Management Agency's (FEMA) Technical Conditions and Criteria and must receive . prior FEMA approval before adoption. The Commissioner of Natural Resources must be given 10 days written notice of all hearings to consider an amendment to this Ordinance and said notice shall include a draft of the ordinance amendment or technical study under consideration. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1995. ATTEST: WILLIAM A. CHAMPA, CITY CLERK WILLIAM J. NEE - MAYOR Public Hearing: August 14, 1995 First Reading: Second Reading: Publication: 27 11.31 CITY OF FRIDLEY MEMORANDUM TO: � � WILLIAM W. BURNS, CITY MANAGER y.,� FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR WILLIAM A. CHAMPA, CITY CLERK SUBJECT: REVIEW OF SHARX CLUB INTOXICATING LIQUOR LICENSE DATE: AUGUST 9, 1995 At the Apri124,1995 Council Meeting, we imposed three stipulations on Shanc Club before renewing their liquor license. One stipulation was that the restaurant portion of their business be operational by August 1, 1995. As of today, August 9, � the restaurant portion is not operational and is not serving food. We have notified Mr. Richard DeFoe, owner and manager of Sharx, that he is in noncompliance with this stipulation and that Council may review the status of his liquor license at one of our August meetings. For your reference, we have enclosed a copy of the letter which was sent certified mail to Mr. DeFoe. We have also asked the Anoka County Health Inspector and our Inspections Division to ascertain how close Mr. DeFoe is to complying with this stipulation. We should have some information by the August 14 Council meeting. If it is Council's desire to revoke or suspend this license, we suggest that a public hearing be established for the August 28 meeting, in compliance with sections 603.17 and 603.18 of the City Code. Please let us . know if we can provide any additional information. 12.01 +A :�+�� .. . iti�� ,� `�.��l�',k:� ,,'�y , ;x z. �� • � FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN »�32 •(612) 571-3=t50 • FAX (612) 571-1?87 August 9, 1995 Mr. Richard DeFoe Sharx Club/Shan� Sports Bar 3720 East River Road Fridley, NIN 55421 Re: Review of Sharx Club Intoxicating Liquor License Dear Mr. DeFoe: The purpose of this letter is to remind you that one of the stipulations in granting your liquor license was that the restaurant portion of Sharx be operational and serving food by August 1, 1995. Since no food is being served at this time on the restaurant side, you are in noncompliance with the first stipulation listed below. As a result, our Council will be informed of this noncompliance and may choose to review your liquor Iicense at one of their August meetings (August 14 or 28). For your review, I am enclosing a partial copy of the Fridley City Council Minutes from April 24, 1995, which outlines the stipulations placed on your liquor license. Those stipulations include: 1. Restaurant portion of the business must be operational and serving food by August 1, 1995. Status: restaurant is not operational; no certificate of occupancy has been issued for this side of the business. Kitchen is functional anc� according to you, food has been served a few weekends on the night club side. This activity, however, was terminated due to construction. We were also assured that construction would last no more than four weeks from today (Aacgust 9). 2. Owner must provide City's Finance Director with copies of the Minnesota Sales Tax Rate Form ST-1 in order to calculate the percentages of liquor and food sales for the months of July, August, September and October. Status: no ST-1 Forms have been received by Finance Director. Teclanicatly, yozc have tcntil the 25th of the � 2.02 motath to provide tliis form to tlae Minnesota Department of Reveruce, however tlze City reqccires it immediutely. , 3. License to be reviewed by Council at the first meeting in November (November 13, 1995). Status: becatsse of noncomplinnce with first two stiptclations, license may be reviewed in Augccst. As stated previously, our Council will be informed of the noncompliance and they will decide what our next step will be. We will let you know what Council decides. Sincerely, ; � �, .:�.�.. �. �. �i � , � �.�� ;�,l��z William Champa City Clerk Enclosure ±F,,-�� ; - .�� J �'�� % <; Richard D. Pribyl Finance Director 12.03 CITY OF FRIDLEY COUNCIL MINUT�S OF APRIL 24. 19�5 : PAGE 13 consume an additional twenty percent in 1'iquor, it.would mean ov�r $1,000,000 dollars in food sales in order to obtain:a sixty-forty perce�t ratio to meet the requirements of the ordinance. He asked Mr. DeFoe if he felt this was realistic. Mr. DeFoe stated that if the �?.7,000 in sales tax is correct at nine percent and, assuming it is almost all from the sale of liquor, it would mean $300,000 in sales and $600,000 is _not unrealistic for one year. He stated that over a million dollars in food sales would be very healthy, but he cannot calculate the numbers. Councilman Billings stated that he is concerned that Mr. DeFoe may not be able to meet the sixty-forty percent requirement, and the Council would not be able to renew the liquor license. He stated that he did not want Mr. DeFoe to spend money on the improvements if he could not meet the requirements of the or�inance. Mr. DeFoe stated that he may have to reduce the liquor sales and change how he does business. He stated that he hoped to have a good lunch crowd. � Councilwoman Jorgenson stated that if Mr. DeFoe's nightclub gene- rated that much in liquor sales three nights a week, the sales would be larger if he opened five nights a week. Mr. DeFoe stated that his plans now for the nightclub are to remain open three nights a week. Mayor Pro Tem Schneider asked Mr. DeFoe if he has a contractor. Mr. DeFoe stated that he has a cost plus contract with a contractor. and has"mechanical and plumbin� contractors lined up. Councilwoman Jorgenson stated that Council originally issued the liquor license for six months. She asked if Council. could place conditions on the liquor license to make sure that in about fifteen weeks the resta�trant has opened. - � Councilwoman Bolkcom suggest�d that possibly a stipulation should be placed on th� license that the restaurant has to be in operation and food served by August 1 and then have a review by the Council around October 1. Mr. Herrick, City Attorney, stated that the approach is reasonable, and �`the time limits can be established by the Council. He suggested that possibly the architect could submit progress reports. Councilman Billings stated that he would suggest that the City's Finance Director be provided with copies of Form ST-1 of the Minnesota State 5ales Tax Rate for the months of July, August, September, and October. 12.04 MOTION .by Councilwoman Bolkcom to approve the renewal o�• the annual . liquor license for Sharx Nightclub and Sports Bar to be reviewed by the Council at the first meeting in November, with the stipula- tion that the restaurant portion of the business be operational and serving food by August 1, 1995, �nd that the owner show copies of tY�e Minnesota Sales Tax Rate Form ST-1 to the City's Finance Director for his review to calculate the percentages of liquor and food sales for the months of July, Aug ust, September, and October, 1995. Seconded by Councilwoman Jorgenson. . � Councilman Billings stated to Mr. DeFoe tha fo� ri m that heynhave stand that the Council is doing something not done in the past. He stated that the reason f ood restaurants ment of the sixty-forty percent ratio was to have g in the City that served liquor. He stated that he did not want to be in the position of putting people out of �usiness, but.the pro- visions of.the ordinance need to be adheenseto or there will be a hearing for revocativn of the liquor lic Councilwoman Bolkcom stated that the next time she will not accept anv e�cuses. Counci.lwoman Jorgenson stated tivenStwo as Mr. DeFoe has already been g ested. the eleven-week schedule he requ inform the Council of his progress. Mayo will DeFoe agrees with her colleagues, extra weeks in addition to She advised Mr. DeFoe to r Pro Tem Schneider stated that the j ob not be a next time. He stated that he is aware of the Council's feelings. UPON A VOICE VOTE TAKEN ON THE Mayor Pro Tem Schneider declared has to be done or there wanted to make sure Mr. ABOVE MOTION, all voted aye, and the motion carried unanimously. Mr. Rust thanked the Council and P1Hegsta�ed th t he b ll.eved Mra to establish a quality restaurant. DeFoe would also like to thank the Coi�ementsrofhthe Cityency and would work with them to meet the requ _^ 15. REC�lv�; ruv 11L,�. ---- APRIL 11, 1995• A, •VARIANCE RE UEST VAR 95-06 BY HOLLE C( ,TO REDUCE THE SIDE YARD SETBACK FROM 15 ��ALLOW THE CONSTRUCTION OF ADDITIONAL LOADI � LOCATED AT 7585 HIGHWAY 65 N.E. WARD 2: Mr. Hickok, Planning Coordinator, stated that this is a request for a variance to reduce the side yard setback from 15 feet to 5 feet to allow the cons truc t i o n o f a 5 2 b y 100 foot shipping, dock facility. He stated that staff and the Appe-als Commission recommend approval with certain st-ipulations which he outlined. 12.05 � _ � Community Development Department PLA►�VNING DIVISION City of Fridley DATE: August 10, 1995 � TO: William Burns, City Manager �^� FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: First Reading of an of the Fridley City Estate to be Surplus Thereof Ordinance Under Section 12.06 Charter Declaring Certain Real and Authorizing the Sale In 1994, the City approved a lot split to split Lot 3, Block 2, Sexter Addition (5720 Polk Street). The split created a parcel 35 feet wide which was sold to Dave Stewart for additional parking for the Moore Lake Apartments. In order for the City to dispose of the remaining part of Lot 3, Block 2, it must be declared excess and its sale authorized. The City Charter reguires that the sale of all public lands occur via ordinance. Staff has prepared for the City Council's review and approval an ordinance to declare that part of Lot 3, Block 2, Sexter Addition, Anoka County, Minnesota, lying northerly of the south 35.00 of said Lot 3, excess, and thereby authorize the sale thereof. A location map has been attached for your review. RECOMMENDATION Staff recommendations that the City Council hold the first reading of the attached ordinance declaring the property as surplus and authorizing its sale. SH/ M-95-434 13.01 ORDINANCE NO. AN ORDINANCE IINDER SECTION 12.06 OF THE CITY CHARTER DECLARING CERTAIN REAL ESTATE TO BE SIIRPLIIS AND AUTHORIZING THE SALE THEREOF The City Council of the City of Fridley does hereby ordain as follows: SECTION l. The City of Fridley is the fee owner of the tract of land within the City of Fridley, Anoka County, State of Minnesota, described as follows: That part of Lot 3, Block 2, Sexter Addition, Anoka County, Minnesota, lying Northerl� of the South 35 feet of said Lot 3. SECTION 2. It is hereby determined by the City Council that the City no longer has any reason to continue to own said property, and the City is hereby � authorized to sell or enter into a contract to sell said property. SECTION 3. The Mayor and City Clerk are hereby authorized to sign the necessary contracts and deeds to affect the sale of said property. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1995. ATTEST: WILLIAM A. CHAMPA, CITY CLERK First Reading: Second Reading: Publication: WILLIAM J. NEE - MAYOR 13.02 CEar � F � CATE oF V�1\�� 1�r, v`v`• 2i `7`1 F O R c�� -� DATE �" ��'S y I Or F21 v� .�= y KURTH SURVEY I NG. I NC . SCALE I' = r� � I HEREBY CERTIfY THAT THIS SuRVEY. PLAN OR NEPORT �Q02 JEfFERSON ST. N.E. �' (RON 1r{ONUMENT IYAS PREPARED BY MY OR UNOEB NY pIRECT SUHVERVISION ' COl1A�181A HE�fiMTS, YN. 55�21 OEARINGS ARE ON AN AND 7NAT � AM DULY REGI E8E0 L SURYEYOR UNDER (612) 788-9769 FAX (612! 7tltl-)602 ASSUMED DATU�1 PCRPu'�C T Ails Of T �T� OF I • =SP�k� SC � M I NNESOT REG I STRAT I ON rv0 . 202'10 �--k-=C�IRIN �,N►� r-�nkt „„ , � `1 *-�� c.��;1"'r� 3y •00 �eCT O�- tt� - ; - . . , 7 �, L-� 1..� �1.. 2..._ , ��=-K`i"LC` [�DO t�rlol,i � AuO�,A CUu�iT�c'� M��;UG.::�-�-P`. ,�_� .. r- '�"K.,�.�r P .-�:r�� o F �, p'c '3 �L � ! � �% - � _ � . , � � �'��T�o� , O ....., • � �_'r'.l t�_ ��_. � A�o �..T..� C� u �.,-r,' , j"�, � u �v c-�w,cs-r � �. ��: c. 'r-! c. l,, �,. c_ ��;, ��=�c ,�r-__ ._�•�vTU. ��= •C� u� ��.�-.�.�- ._ � �- - ,� - �=, . . _ . d �:� d �X a� J � u� 2 1' LL J � \ // II �� I �� Q � r� �� I U �l• ' N� O � � "L �l r��Na ,\ � \ � �� {� tE � ��-13 .33 ---- / ►-- LL � �� 'o.z��t,o„v=«- FoL� � :� 2 "1 �`'�e, _ \ �. �� 5930 ►- 5 -r- Z�-i . o """ � � � Z _�� _� S a�i° �.-l� y�/ , �qq _� I � -' �.z \ ;� �� Q= C..�'�' U 1�.` r.�J . ; o-r�� Li�v,P.�. D�Sc.��p`r�o�! �- s.o-rc; Le-��.�s S�c, zti - 3o-z�l � � y � hR � � � �� J 9 � 1 � z•°`�r / � N � 0 G � ! S'' �0 ,_, �r �,:s ti �J � � 1_!J � 'J � 1' � i" �, �-� � �, ,..� � � � �^ 'n � �9 � cJ � c� � � � /1 `� � I J � / TO BE SOLD AS EXCESS 1,.� �'�� L0�1� Z SCx�C� /�.o� t�'� or-� � ArIOtC�'� COVn►�' �f, M1t�NG�oT A • 13.03 .RC�o�pc�ccZ��Y�vC,�URPo<,CSOU�.�, u .� ;�c. �o�o�a t DESCRIPTION OF REQUEST: The petitioner requests that a variance be granted to reduce the front yard setback from 35' to 25'. The subject parcel is located in the CRP-1 district, which requires a special use permit for all construcdon. SUNIl�IARY OF ISSUES: The petitioner is proposing to construct a typical side or rear yard porch addition on the front of the dwelling. The addition does not appear to be integrated architecturally into the existing dwelling. The petitioner could use a bay or bow window to accomplish the same objectives as opposed to requiring a variance. RECOMMENDED ACTIONS: The request is within previously granted requests. Therefore, staff has no recommendation. The City Counc� should, however, consider the aesthedc impact in granting the variance for the porch as designed. APPEALS COMNIISSION ACTION: The Appeals Commission voted to deny the request as presented. 14.01 PROJECT DETAILS Petition For. A variance to reduce the frorrt yard setback from 35' to 25'. Location of Property: 8095 Riverview Terrace Legal Description of Property: Lots 30.32, Block T, Riverview Heights Size: 8,755 sq. ft. Topography: Mostly flat, but gently sloping across the front Ezisting Vegetation: Typical suburban, grass and trees Ezisting Zoning/Platting: Riverview Heights Availa6ility of Municipal Utilities: Vehicular Access: Pedestrian Access: Engineering �ssues: Site Planning Issues: Connected Riverview Tenace, Glencoe Street N/A N/A DEVELOPMENT STTE Public Purpose: Section 205.07.03.D.(1) of Fridley Zoning Code requires a front yard setback of not less than 35'. 2 14.02 The public purpose served by this requirement is to allow for off street parking without encroaching on the public right-of-way, and aLso for aesthetic consideration to reduce the building line of sight encroachment into the neighbo�'s front yazd. Analvsis: T'he petitioner requests that a variance be granted to reduce the front yard setback from 35' to 25'. The petitioners are proposing to construct a 10' x 14' three season porch addition to the frorrt of their existing split level single family dwelling. The pefrtioners are also processing a special use permit request as the subject parcel is located in the flood plain district- The petitioners are proposing to constcuct a� sea.son porch addition on stilts to the frorn of the existing dwelling. The addition, as cwrently designed, is an addition which would typically be observed on the rear or the side of a dwelling. Visually, the addition does not appear to be integrated into the dwelling unit. If the addition included a l�wer levd with a foundatior� it would noi appear as a later "add-on" to the dwelling. It would be mnre appropriate to approve a variance if the addition were integrated into the existing dwelling, and both the upper and lower floors were being expanded. The petitioner has an alternative to construct a bay or bow window which would increase the surface area of the glass, and provide additional views of the river. The dwellings along Riveiview Terrace appear to be in line, with the exception of the dwelling to the sauth which encroaches towards Riverview Terrace. The proposed addition and the existing dwelling are screened from the property to the south by four mature pine trees. Recommendation: The City has granted similar variances in the past. Therefore, staff has no recommendation regarding this request. The AppeaLs Commissioq however, �d strongly consider the aesthetic impact of a typical rear or side yard addition onto the front of a dwelling when making its decision. AD7ACENf SITES WE T: Zoning: R-1, Single Family Land Use: Residential Dwelling SOUTH: Zoning: R 1, Single Family Land Use: Residerrtial Dwelling E T: Zoning: R l, Single Family Land Use: Residential Dwelling NORTH: Zoning: R 1, Single Family Land Use: Residential Dwelling Comprehensive Planning Issues: Public Hearing Comments: 14.03 �� I�) l�l . � VAR ��95-16 Robert/Karen Fournier � `�' �' `�, ..., �_.._ . . " � �� + � 533 v1� l3l W''" � �� I�1 �I (�) � `�' `�, �tu) `�' � 5�5� `�, t� � � �) 53Z , l 3 �m� pi I� �� 651 �'� � � " � c�) tnl � t�) c�� c�� '"� �� ' �� 4� �t? cm� �e � c�+a �' 1� c"'' c�s� `�' sn � iK,� �� c�� t�� 5,�'� c�� c�� c�1 �� I ) 647 �� . �� p� 5MI �� J ( ) 677 � t� ,� a � � � n�pn �� t�� °� � �o� � � � 5� t � t �� v- � � � N � �� , &�� c�� ps� � � � � 8155 n I�1 � � J � t � � � � � 56p� � � �g ( +w I � � ��y �' ItuJ � �(� � � (p) 5p0� , �� ) ' 6pp �n� t�1 (�1 Iwf �y,,� �. ��p� lr�) �5 � 3wr s�i 1 rs ► � � �� a � ( n ) �� si ��D� w) n� t�, `�, I I t �O) `� � �1�� c*+� � �� `� � i�� c� ►�� ' . ro•� � c�� da$ ttnl ln�l �� t�J m t ) � (� �� su 1�1 � �3� � � t ! � r� � (�a) � ` l ) � • l�) 1 �) ��1 t�f � ��) Nb� �� g� w � i �a) t�l '� � t � The petitioner requests that a variance be granted to reduce the distance of a structure !� the front property line fi�om 35' to 25' to allow construction of a porch adcNtion to � the front of the existing dvv�'�g. , ' LOCATION MAP � VAR ��95-16 Zaren F rnier � '" r� -�,-� ,�� v� .:�.�� , v � � '� � . �� '� �,: � ��' I � � � �� , , � , i , � . �+:� t,.r' �, _�;;� � r-; �� , � � i �� i . 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Z ` � ,�� o d l `, ' `. 6 � Z Q �' � x \•` � LONGF LLOW 1� Q � \ ' /� / � • ♦ � ��. y _ ' � Z �s . ..� . . , . ,. ��, � ... 4, . . . �. . •. •, •. � . � . . . _ ., �� ' _ �" DISTRICT LEGEND Rl V ERV�},�W • '=: , Ft E I GH �'� � �-� ON[ FAYI1,'I OWG'3 ❑ Y-1 110NT INDUSTp1Al � �\ r(,�� • 11-2 TWO RAMILY DWO'3 � Y-2 NlAVY INDUSTRIAL � II-� 6lN. YUITIP�E OWO'8 0 OUO P�ANNED UNIT D[V. � \ 1 � � 11-� MO/tlE NOY! PARK � 3-t NYD! ►ARK NEIOMOONMOOD ❑ � � � PUSLIC FAC�LITIES � S-t REDCVfLOPYfNT DISTqICT � � �\ • F,('� f�• . �'� \� F `�,;;;�� I C-/ LOCAL BUSINES9 � O-1 CIICEK i NIVEN PRlSERVIITION � `� � �� * �� ' C-t 6EMEHAL BU9INCSS � O-! CIIITICAL AREA � \�. � �6�:. , � � � C-� OEMEIIAL SNO�►�NG ' � � W a� - Ce.:, �. C-�1 G[NENAL OFfICE � VACAilO STIIEET3 � 4r 14.os ZONING MAP` � VAR 4� 9 S- I 6 Robert/Karen Fournier I. _ RALD 7. COYFtE �pT SUR�EYS COMPANY •:�vti..K AVc 5 �... :�n., e,•. �,i»v t,A,�U st�c�vl:Yn(t:. I I REGISTERED IINDER L.1W3 OF STATE.OF AfItiVESO?A � LICENSED BY ORDINANCE OF CITY OF BIINNEAPOLIS I - - ., RAYMOND A PRA G�� 7 i0.4��0 nvE L'FOO�:LY�I FARK, M \I�nnrap��h>, \linn�•��t:i .�.,I_8 .� .`�i:i':rfn1A;_ • iUDIGIA: i�:�^_KF I�:C. __'��_.-' .•.+(RC�A. - TOPCIGRAPHICAL �urbepor� �Lertiticate ` L �--- � •:ITT ;pTi - P�ATTING fi�W 606K — ' �� SCALE: !" ,�_—.,! : �— I. _�_�'...��_:V�`�ryt �V � I i � V � � � �� 1 ` � � \ _S � l� � � . �U �j`� GLc l�/CD��"„ ST � �t'° _-- �. -�____:_� '. ; ,�-��. o . . ,: _ -, - /' � r r ��' r� �_, � '� �35.� 1 � _. `_'"�� 1 � ' . :� O f -. t �^ �i �� r � 1 i _ �-� `� '� — -� ZS 3�• 3 �` . Z � � �, b �''' � � ; �� ?� � 3 r i � -� --�o3.s t ---- ---- . � l, �, _. �- _ -- r , , �' i' :�� v;`' �o�:./i7d <^. I`i � �'; '' �' �� 7 � � J .r � � � �.. ." _ � "�'—_�."_ � �. ��% " � l , V LOL/i 1 �O / ,+G ;"`• (V � �,.; ly ZZ �1: 0 �� ; �: , .. � � � t 1 i � � ; ♦ _ � N __ __ ___ ,��.66 ____ ___ .. , ; . .� .._.�r� _ �,.� i.o�� };` :.i� �2, 3�.0::�: �, .1: ;�? �i�.=ari:� SLiD�t?i:L �O E�AJ�T.l�iit,a �� '.�C�...'-i i � . � ' - t, - .. . � . • We heroby certify ,fhat thi: is a true:'and coirect repros�ntsfion� of � survey af tA� boundaries o#,.the• bbove •dsseribed: propa►iy, _�nd of .the locetion' of. ell buildingi, 'if. any, t6��on, an�•+N•,risibl�•.eecwacbm�nts •-if any _from;`'i'o��/�p. n said land.. " .�y. .. __�—.._.._.—�"�_�_e_.._�"____ae._�_....L _ ""'�_'_' 1..._ __'.. L�'f__.�.t"_J' �_ al' ._"_'.�..w_1 f ��:t:1....•t�..�'..:�_t SITE PLAN VAR ��95-16 Robert/Karen Fournier - ' _-. _- _. - � � �_ . � - _ � �- X E- � _ �• �� t� - �. 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The lot is unique in being pie did not think there would anything unfavorable to the code in granting this request. / ��eY.. She spirit of MOTION by Mr. Kuechle, seconded by Ms. Sm' , to recommend approval of Variance Request, VAR #95-1 , by James and Nancy Lambert to reduce the rear yard setb from 10 feet to 4.5 feet to allow the construction of a th e season porch on Lot 7, Block 1, Rice Creek Terrace, generall located at 389 Rice Creek Terrace N.E., Fridley, Minne a, with the following stipulation: 1. The petitioner sha submit a property survey verifying the setback of the e sting structure and the proposed addition. IIPON A VOICE VOT , ALL VOTING AYL, CHAIRPERSON SAVAGE DECLARED T$E MOTION C ED IINANIMOIISLY. Mr. Lambe,rf asked if the City did these surveys or if they would need to��ave this done themselves. • Pherson stated the petitioner must do this themselves. She provide the names of several qualified persons. 2. PUBLIC HEARING: CONSIDERATION OF A VARIANCE RE4UEST, VAR #95-16, BY ROBERT E. & KAREN M. FOURNIER: Pursuant to Section 205.07.03.D.(1) of the Fridley City Code to reduce the front yard setback from 35 feet to 25 feet to allow construction of a three season porch on Lots 30, 31 and 32, Block T, Riverview Heights, generally Iocated at 8095 Riverview Terrace N.E., Fridley, Minnesota. MOTION by Ms. Smith, seconded by Mr. Kuechle, to waive the readinq of the public hearing notice and to open the public hearing. IIPON A VOICE VOTE, ALL VOTING AYB, CHAIRPERSON SAVAGL DECLARED THE MOTION CARRIED AND THE PUBLIC BEARING OPEN AT 7:48 P.M. Ms. McPherson stated the property is located at the intersection of Riverview Terrace and Glencoe Street. The property is zoned R-1, Single Family, as are the surrounding parcels. The petitioners are requesting a variance to reduce the front yard setback from 35 feet to 25 feet. The petitioners desire to build a 10 foot x 14 foot screened porch on the front of the existing dwelling. The subject parcel is also located in the flood protection district so the petitioners are also processing a special use permit which will be reviewed by the Planninq Commission in August. Ms. McPherson stated the three season porch would be a typical porch addition normally found to the rear of a dwelling. It 14.10 APPEAL3 COMMISSION MEETING, JIILY 18, 1995 PAGg 5 would be on stilts and adjacent to the front living room on the upper level of the split level home. Some alternatives proposed by staff included adding a bay or bow window to provide additional light into the room and expand the views toward the river. While this would not be a room addition, it would possibly serve to meet the needs of the petitioners. Ms. McPherson stated there is concern with the design of the addition. It will look like an addition typically found off the rear or the side of a dwelling. There is an aesthetic concern with the granting of a variance for this type of addition to the front. The dwelling to the south of this property is in front of the petitioner's dwelling. It was built earlier than the petitioner's dwelling; however, the remaining �.ouses on tre street do line up. Ms. McPherson stated there are four mature pine trees which separates the petitioner's property from the property to the south so, visually in terms of line of sight, there would really be no impact between the two dwellings as the trees block the line of site. Ms. McPherson stated the request is within previously granted variances; therefore, staff has no recommendation. Staff does have a concern regarding the aesthetic impact of the addition design. Ms. Savage asked if there were any objections to the request. Ms. McPherson stated she had not received any calls regarding this request. Ms. Savage asked the petitioners their reaction to the alternatives suggested and what their hardship was. Ms. Fournier stated they have a beautiful view of the river. Both she and her husband have a nwnber of physical problems. Her husband has recently had to retire with disabilities and he has anxiety attacks from being indoors. He needs open space and with more space the better he is. She has diabetes and high blood pressure. They need space and light. Mr. Fournier stated they cannot see the river from their living room. Ms. Savage asked how long they had lived in the house. Mr. Fournier stated they have lived their since 1979. Ms. Fournier stated they have talked to their neighbors and they support the plan. The porch would still be back frvm the 14.11 APPEALS COMMISSION MSETING, JIILY 18, 1995 PAG$ 6 neighbors. Mr. Fournier stated the house to the south would not see the porch and the neighbor to the north faces the other way. Ms. Fournier stated this would not be blocking anyone's view. Ms. Savage stated one concern was the aesthetic consideration that this is an addition not usually on the front. Ms. Fournier stated the addition would blend in with the house. The addition would be brown as is the house, and the roof line would be the same. It would look nice. Mr. Fournier stated below the addition would be a slab. It would look nice. Ms. Fournier stated they have one of the best views of the river in that area. This is something they have wanted to do for years and they can now afford to do it. MOTION by Ms. Smith, seconded by Mr. Kuechle, to close the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON 3AVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CL03ED AT 7:55 P.M. Ms. Smith stated she would be inclined to vote for denial. As she drove down the street, the houses were for the most part right in line. She did not see a hardship that there is not an option to put an addition to the house. If she were to say yes for this request, it would be difficult saying no to anyone else. As much as it would be wonderful, she would be inc�ined to vote to deny the request. Mr. Kuechle concurred. It is a bit too much. The house is already at the setback line and to put an addition out to the front is more than what he can be comfortable with. He cannot see a hardship except wanting a good view of the river and he can sympathize with that. However, there has to be hardship and they have to stay within their constraints. He would recommend denial. Ms. Savage stated she knew how important it is to see the water and can understand the petitioner wanting to have the view. She can see this as an important part of the property and agreed that a bay window would not do the same thing. She sympathized with the petitioner�s position because she feels for the petitioner to really enjoy their property it is important to have that. In any event, because there are two no votes, the request will go to the City Council for a final decision. She has mixed feelings. She 14.12 APPEALS COMMISSION MEETING, JIILY 18. 1995 PAGE 7 agrees with the other commissioners but she also feels, for the petitioners to completely enjoy their property, they should be able to have the porch. She would say the hardship would be the health problems as indicated. MOTION by Ms. Smith, seconded by Mr. Kuechle, to recommend denial of Variance Request, VAR #95-16, by Robert E. & Karen M. Fournier, to reduce the front yard setback from 35 feet to 25 feet to allow construction of a three season porch on Lots 30, 31 and 32, Block T, Riverview Heights, generally located at 8095 Riverview Terrace N.E., Fridley, Minnesota. IIPON A VOICE VOTE, AITH MR. RIIECHLE AND MS. SMITH VOTING AYE AND M3. SAVAGE ABSTAINING, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED BY A MAJORITY VOTE. Ms. McPherson stated this request would be considered by the City Council on August 14. . � 3. PUBLIC HEARING: CONSIDERATION OF A VARIANCE REOUEST. VAR " #95-17, BY MICHAEL & LINDA WILTFANG: Pursuant to Section 205.07.03.D.(1) of the Fridley City Code to reduce the front yard setback from 35 feet to 18 feet to allow construction of a second garage Lot 2, Block 1, Parkview Manor, generally located at 5885 Tennison Drive N.E., Fridley, Minnesota. Ms. McPherson stated the petitioner has requested this request be tabled so that they make consider other op�ions. MOTION by Ms. Smith, seconded by Mr. Kuechle, to table consideration of Variance Request,,.VAR #95-17, by Michael & Linda Wiltfang to the next meeting. %' J ' IIPON A VOICE VOTE, ALL THE MOTION CARRIED IINA 4. �Y . YE, CHAIRPERSON SAVAGE DECLARED Ms. McPherson prov,�cied an update on Planning Commission and City Council actions.:" � ADJOURNMENT . Ms. Smith, seconded by Mr. Kuechle, to adjourn the meet rA VOICE VOTE, ALL VOTING AYE� CHAIRPERSON SAVAGE DECLARED MOTION CARRIED AND THE JIILY 18, 1995, APPEALS COMMI83ION 'ING ADJOIIRNED AT 8:04 P.M. 14.13 i _ � Community Development Department PLAN1vING DIVISION City of Fridley DATE: August 10, 1995 �� , To: William Burns, City Manager ��r� ��., FROM: SUBJECT: Barbara Dacy, Community Development Director Resolution Authorizing Anoka County HRA Special Benefit Levy for 1996 Chairperson Paul McCarron in a letter dated July 19, 1995 sent the recently-completed draft Anoka County Housing Study to each of the City Council members and Housing & Redevelopment Authority members. The cover letter also explained that the Anoka County HRA "...believes that increased County investment in housing will enable our communities to maintain the value of their property, will slow the progress of urban blight, and will make the County a better and safer place to live." To that end, Anoka County is proposing a special benefit levy for taxes payable in 1996. The County anticipates that the additional tax burden would be approximately $6.42 for a home valued at approximately $72,000. The anticipated revenue from Fridley is $145,122. Options Both the City Council and the Housing & Redevelopment Authority must pass a resolution authorizing the levy. If one body authorizes the resolution and the other does not, the levy would not, according to County policy, be implemented in the City. Further, both the City Council and the HRA must "opt in" on an annual basis if the levy is to be collected. This also means that if the City chooses to "opt out", it can do so on an annual basis. The three options available to the City Council and the HRA are as follows: 1. Approve the resolution authorizing the special benefit levy (the levy will appear on property owner's tax statements under the category of "other".) 2. Pass a resolution of "preliminary intent" to consider the levy with final determination to be decided by December 1, 1995 (see letter from Tim Yantos dated August 14, 1995). 15.01 Anoka County HRA Special Benefit Levy for 1996 August 10, 1995 Page 2 3. Pass a resolution specifying that the City does no want a County HRA levy. Remember, however, that the City was going to evaluate a levy of its own for HRA activities for taxes payable in 1997. Timinct In order to implement the levy for 1996, the County HRA needs to pass a budget and certify the levy prior to September 15, 1995. It therefore needs to know which communxties would be "opting in" for the levy. The final deadline, however, for imglementation of the levy is December 1, 1995. The County is willing to allow cities to pass a resolution of preliminary intent, but with final determination to occur prior to December 1, 1995 (option #2). This will enable the County to complete the administrative work to implement the levy, and at the same time, permit the cities to complete additional study. The County has just recently completed a housing study compiled by its consultant in cooperation with the communities' staff and councilmembers. The study identifies il issue areas to address in the County, the first two of which are proposed for initial implementation. The timing of the levy is difficult, since Fridley, like other communities, is in the midst of its budget process for 1996. The City Council has not yet determined whether or not there will be an increase in taxes for the upcoming year. Further, the study has been reviewed only on a preliminary basis by member communities; however, there has not been a significant amount of time by staff to review the contents and outcome of the study with the Planning Commission, HRA, and City Council. The City Council will be considering its resolution on the levy at its August 14, 1995 meeting. Housing Needs One of the two issue areas proposed for initial implementation with the levy is housing rehabilitation, both single family and multiple family. The second issue area is senior housing development. Because of the progress the City of Fridley has made on providing senior housing in the community, it is more appropriate for the City to consider participation in the rehabilitation committee. Anoka County proposes to establish two committees; one for each issue area. If the City elects to opt 15.02 Anoka County HRA Special Benefit Levy for 1996 August 10, 1995 Page 3 in and choose the housing rehabilitation committee, then staff members from all of the communities who chose to opt in become members of the rehabilitation committee and would compile a recommendation for the member communities as to how to spend the funds. The advantage of this proposal puts accountability and responsibility of using the funds squarely in the hands of the member community as opposed to Anoka County. Further, the County stresses that they do not intend to use the tax levy to hire more staff, but to provide a mechanism where the member communities can use the funds generated from its community on a dollar for dollar basis. The County does indicate, however, that over the first two years of the levy, about $150,000 needs to be recovered for the County expenses in completing the study and other administrative expenses to-date. Fridley's prorata share would be about $18,800 of the $145,122. The County housing study indicates that approximately 14� of the housing units in the County are substandard. In Fridley, using the County's definition, about 2,211 units out of 11,029 units are substandard. The recent housing condition study completed by staff showed about 1,500 units needing rehabilitation, but our study was based on exterior conditions only. The County's estimate appears to be a good goal to work toward. Further, the County believes that MHFA is willing to leverage any funds generated from the tax levy. Attached is correspondence from Tim Yantos dated July 28, 1995 which outlines proposed scenarios for leveraging the tax dollars in a housing rehabilitation program. Further, federal funding via the Community Development Block Grant program is threatened on an annual basis. If the CDBG program would be eliminated, the tax levy could be used as a means to replace that program. In the meantime, an additional source of revenue could be generated and used by the City to address multiple family or single family housing needs. Review Process Anoka County has been preparing the study over the last six months. They established a technical advisory committee composed of city staff inembers from County communities, and an intergovernmental advisory committee composed of councilpersons from County communities. Councilmen Billings and Schneider are the councilpersons representing Fridley. To-date, the levy was not discussed in detail because the focus was on preparation of 15.03 Anoka County HRA Special Benefit Levy for 1996 August 10, 1995 Page 4 the housing study. The details on the levy was presented at the June and July respective meetings. At the most recent intergovernmental committee meeting on August 2, 1995, Councilman Billings stated that there is interest on behalf of some communities to pursue option #2, where the cities would pass a resolution of intent to consider the levy with the final decision to opt in or out to be made prior to December l, 1995. Councilman Billings is prepared to make a recommendation to pursue option #2 to the HRA and to the City Council in order that the City can further analyze and determine if the proposed levy would be worthwhile for City consideration. Councilman Billings also stated that his preference for use of the funds would be for multiple family rehabilitation. Conclusion � The City Manager/Executive Director of the HRA is very concerned about the timing of a potential tax levy during the timeframe that the City Council is evaluating the 1996 budget. Although the purpose of the levy may be well founded, it comes at a time prior to the City's decision on whether or not to pursue its own levy and when it is unclear as to the total tax impact to the residents for the 1996 tax year. Further, the County is requesting the cities to act on a resolution in a fast timeframe when the advantages or disadvantages of the levy are not clearly defined. Passing a resolution to refuse to opt in to the tax levy may be in order if the City Council and HRA are uncomfortable with the speed and timing of the proposed request. These concerns, however, were identified without knowledge of the outcome of the most recent intergovernmental committee meeting on August 2, 1995. Councilman Billings believes that option #2 addresses the Manager's concerns and will help the City Council and HRA make an informed decision by December 1, 1995. Action The HRA will act on its resolution on Thursday, August 10, 1995, pending City Council action at the August 14, 1995 meeting. Whatever option the City chooses, the attached resolution will be amended to reflect the City Council's decision. The County is requesting a response from each city by August 18, 1995. BD/dw M-95-447 15.04 RESOLIITION NO. - 1995 RESOLIITION AUTHORIZING ANORA COUNTY HRA SPECIAI, BENEFIT LEVY WSEREAB, the City of Fridley has an established HRA; and WHEREAS, the Anoka County HRA has adapted a policy that, prior to adopting an annual special benefits levy, that such municipality and its City Council must affirmatively resolve their approval for Anoka County HRA exercising its taxing powers within their jurisdiction; and WBEREAB, the City of Fridley has determined that housing needs in the municipality would benefit by being included in the area of operation of the Anoka County HRA during i996 for the purpose of the special benefit levy. NOW, THEREFORE, BE ZT RE30LVED TBAT, the City of Fridley consents to the Anoka County HRA exercising its authority to levy a special benefit tax in the amount of up to .0131 percent of all taxable property within the jurisdiction of the City of Fridley. PASSED AND ADOPTED BY THE CITY COUNCIL FOR THE CITY OF FRIDLEY THIS DAY OF , 1995. WILLIAM J. NEE - MAYOR ATTEST: WILLIAM A. CHAMPA - CITY CLERK 15.05 � 0 � �9�'� ANOKA COUNTY HOUSING AND REDEVELOPMENT AUTHORITY Paul McCarron, Chairman Dave tiAcCauley. Viae Chai� Oennis O. Bery Marflaret lanqfald Dan Ethart � �9 Jim A 1Cordiak August 4, 1995 The Honorabie Wlliam J. Nee Mayor, City of Fridley 219 Logan Parkway N.E Fndiey,�lV1N 554:s2 Re: Anoka Courrty HRA Special Benefit Levy Dear Mayor Nee: At the August 2,1995, Anoka CouMy HRA Intergovemme�tal Commiitee meeting, represerrtatives from the municipalities exp�essed their concem regarding the short time pe�od in order fo� their municipalities to analyze and deade whether they wish to opt-in to the Anoka Courity special benefit levy. Also, many specific ques�tions regarding the Senior Housing P�ogram and the Housing Rehabilitation Program cannot be answe�ed urrtii the Se�ior Housing Committee and the Housing Rehabil'�tation Committee begin to meet, disc�ss and plan how these programs may be impiemented. As recommended by the HRA Inte�govemme�tal Committee on August 2, 1995, Anoka County HRA is changing its o�gina! request to you in the July 19, 1995� memo to the following. We are asking those municipalities who may be irrterested in the Senior Ha.ising or Housi�g Rehabilitation Programs to iriform us of your preliminarv irrtent to have the City of Fridiey participate in the special benefit levy. This wiil allow those iMe�ested municipalities to commence meeting in the committees to begin. analyzing and worlcing out some of the speafic details of each p�og�am. In order for Anoka Caunfy HRA to exercise its final levei authority in your community, we wouid ask then fo� a resolution stating your conserrt by November 22,1995. This would aliow Anoka Courrty HRA to cenify a proposed levy by the September 15 deadline and then make fina! adjustmer�ts to the levy i� Decembe� of 1995. Please inform me at 323-5692 of your preliminary irrterit so we may begin formulating the committees immediately. � Telephone: (612j 323-5680; Fa� 323�68'L; TDD/T1Y: 323-5289 Govemme� Ce�ter, Administrffiion Office. 2100 3rd Ave�ue, Anoka. MN 55303-2489 15.06 August 4, 1995 Page 2 As always, should you have any questions regarding this memo o� the Moka CouMy HHA p�og�am, piease do not hesitate to contact me. Sincerely� V!� C�� Tim Yant Executiv Directar TY:bje cc: City h� Chs,:r City HRA Directo� Ciiy Manage�/Administrator/Cie�ic HRA Intergovemme�tal Advisory Committee HRA Technicai Advisory Committee Anoka Courrty HRA Board of Trustees < - . _ _� -- -- . _ . ._ 15.07 aNOKa courv-rv HRa Speciat Benefits Levy 1996 _ Schedule 6-21 Technical Committee discussion begins 6-27 ACHRA discussion 7-12 Intergovernmental Committee discussion 7-18 ACHRA selects option. Request cities with . HRA to opt into special benefits levy for 1996 8-18 30-day opt-in period ends 8-22 ACHRA adopts budget and proposed special benefits levy for 1996 9-12 County Board approves budget and proposed speciai benefits recommendation 9-15 Certify speciai benefits levy to county auditor 15.08 . . . . . . . . .... . . .•:�:�. . . . . . . . . . , ... .. ... . . . . , . . . . . . . . . . . , . . ._ . . . , ., . . . . .,,: SPECIAL LEVY FOR HRA 1. Authority ; Minnesota Statutes 469.p33 2. Maximum Levy: Up to .0131 percent of taxable market value 3. impact on residential p�operty with $72,000 TMV: $6.42 Municipalitv �995 TM1/ Maximum HRA Lew* BURNS � CO�UMBUS UNWOOD ANDOVER ANOKA BETHEL BLA! NE CENTERVILLE CIRCLE PINES COLUMBIA HEIGHTS COON RAPIDS EAST BETHEL FRIDLEY HAM LAKE HI LLTOP LEXINGTON UNO LAKES OAK GROVE RAMSEY SPRING LAKE PARK ST: FRANCtS Tota( 105.082,200 141.808.400 121,962,900 679�429.100 490,042,400 10,462,000 1,225�239,800 65.533.900 152.25�,300 545�217.200 i �825,153,800 261 �265,400 1,107,803,400 328,362,300 10,357,900 48,765�300 435,100.000 192.334.200 499�137 �000 201,567,000 70,385,700 8,575,254,500 13,765 ' 18,576 15;977 89�OD5 64,195 1,370 16Q,546 8,322 19�944 71,423 239,095 34,225 145,122 43,015 1,356 6�388 56,998 25,195 65,386 26,405 9,220 1 �115,558 * An additio�at amount of up to .0013 percent of Taxable Market Value may be levied for infoRnationat services and �elocation assistance. This essentially incxeases the numbers shown above by 1096. _ t�:09 ANOKA COUNTY HOUSINC Paul McCarron, Chair De�nis D. Berg Oan Erhart Jim A. Kordiaic The Honorable William J. Nee Mayor, City of Fridley 219 Logan Parkway N. E. Fridley, MN' S5432 Dear Mayor Nee: AND REDEVELOPMENT man Oave NlcCauley, Vice Chair Margaret Langfeld Dick Lang July 19, 1995 AUTHORITY The Anoka County HFiA has been woricing with elected officials and technical staff from your communities to develop a program which will address housing needs iderrtified in the enclosed draft Anoka County Housing Study. Over the last nine months, ou� joirrt efforts have shown us that there is a need to do more to improve the quality of housing in Anoka County. The Anoka County HRA believes that i�creased County investment in housing will enable our communities to maintain the value of their property, will slow the p�ogcess of urban blight and wil{ make the county a better and safer place to live. Anoka County recognizes that many municipalities and local HRAs and EDAs have undertake� efforts to address tocal housing needs. The Anoka County HRA believes, however, that it is now 6me fo� us to work together to leverage our resources in o�def to e�hance ou� abilities ta make the necessary investment in our future. The Anoka County HRA d�aft Housing Study identified twa priority housing needs in the courrty. These priority areas are senior housing developmerrt and housing rehabilitation, which includes both singie-famify and renta! housing. Approximately 1496 of the housing units in the cou�rty (13,307 out of 97,006 units) are substandard. Although the cou�ty and the municipalities have used CDBG and other fu�ding over the years to �ehabilitate our housi�g stxk, the en�mity of this problem greatly outweighs our cunent ability to address the issue. Further, over t�ie next 10 years, ihe number of persau 65 years and olde� livi�g in Anoka County will increase by 55%, and al�eady the�e are waiting lists for senior housing in the County. It is clear that the rapid rate of growth will outstrip the ability of current projects to p�ovide adequate housing for our elde�ly population. � The benefit that the Anoka Courity HAA can offer is the ability to levy a special benefit tax that can then be leveraged to bring up to fou� times the amount of the revenue �eceived through the levy. Thus, the Ar►oka County HRA is considering exercising its statutory authority fo� a special benefit levy. It is the policy of the Anoka County HRA, however, that it will not exe�cise any levy authority in any municipality whici� has an existing HFlA or EDA with HRA authority, unless both the municipality and the HRA/EDA app�ove. Teleptwrte: (612) 323-5680; Fax: 323-5682; T00/TTY: 323-5289 Govemment Ce�ter. Admiaistratio� �,��00 3�d Avenue. A�oka. MN 55303-2489 July 19, 1995 Page 2 At its meeting of July 18, 1995, the Anoka County HRA approved a motion requesting that municipalities with an HHA/EOA conside� consenting�to ttte special be�efit levy for 1996. If the Anoka Courrty HRA determines that it will exercise its levy authority� it must certify the levy to the Caunty Auditor by September 15. Thus, we request you seriously conside� and respond to this �equest no late� than Friday, August 18, 1995. At the August 22, 1995, meeting of the Anoka County HF�A, the Board will determine whether or not it will exercise its levy authority and will adopt a proposed budget based on tfie ieve( of participation. We anticipate that the amou�t of County HRA tax collected in your community would be approximately $145.122. It is our intention to use the proposed levy fo� the developmerrt of senior citizen housi�g and the rehabilitation of single-famify and reMal housing in tt+e county. !t is further ou� irrterrtion to esiablish committees of the participating communities to work with the County HRA on the implemerrtatior� of these programs. We �ecognize the importance of ensu�ing that contributing municipalities benefit from the levy. In l996, it is aur intention to ensu�e tfiat all of the �evenue collected in a municipality be spent to benefit that municipality. In o�de� for the Anoka County HRA to exercise its levy autho�ity in your commu�ity, we must have a resolutio� stating your consent A draft resolution is attached for your convenience. If you have any questions, ar would like any additiorial information, please corrtact Tim Yantos at 323-5692. Approved resolutio�s should be sent to Mr. Yantos' atterrtion no later than Friday, August 18, 1995. Thank you for your careful consideration of our �equest Sincerely, �� Paul McCarron Chairman /bje Enclosures cc: City HRA/EDA Board Membe�s City HRA/EDA Oirectors � City Councilmembers City Administrators/Martagers/Cierlcs Anoka Cou�ty HRA Inte�governmental Advisory Committee Anoka Courrty HRA Technica! Advisory Committee Anoka Courrty HRA 6oard - .�_, _ . .. . ..,15.11 ANOKA COUNTY HOUSING AND REDEVELOPMENT AUTHORITY Peul McCarron, Chairmen Dave McCauley, Y�as � Dennis O. 8xp Mergarst l,.any(eid Oan E.rhaR Oick l.arq .bm A Kordiak July 28, 1995 MEMO TO: HAA Technical Advisory Committee FROM: Tim Yantos, Executive Di�ecto� SUBJECT: Exampies Regardng Distributio� of Speciaf Benefit Levy to Housing Rehabilitation and Se�iar Housing Program . Please find enclosed exampies, which we have reviewed in past HRA Technicai meetings, on how the special benefit tevy coufd be distriiwted between the Housing Rehabilitation and the Senior Housing Programs. The basic assumptio� throughout all these examples is that there is enough participation from inte�ested communities and funding avaiiable to pay for the Anoka Courrty HRA administrative cost which is approximately $75,000 for 1995 and $75,000 for 1996, or a total of $150,000. The attached examples do not show the minimum amourrt of funcGng needed to move the program forward, but we used a selected number just to give you an idea of how the fun�ng may impact each prog�am. The example for the Housing Rehabilitation P�ogram is fairly straight forvvard In this example. we selected a levy of $250.000 to $500,000 over and above the $150,000 needed for the two years of Anoka County HRA Administratio�. Our discussio� with MHFA indicate a wiliingness o� Ltiei� par: ta p�rt;«ps prarida a lav�ra�� a:� �2-ta� �: %�� oi I��y rn�r�. V'�s also looked at the opportunifiy of providing $4 to our $4 for a loan p�ogram: Scenario 1 and Sce�ario 2 ide�rtifies the number of rehabs that could be possible with the various funds available. The Senior Housing Program exampie, again, selects an arbitrary 100 units f+o� construction. This also is not a minimum but just an example. We wouid need the $150,000 for U�e two years of Anoka County Administration as stated above. The e�cample ideMifies cost pe� unit betwee� $55,000 and $65,000, deper��ding on tlae ame�ities. Each scenario idendfies ametuties. the total cost of the ove�all projed and the numbef af years o# commitmerrt based on the annual contribution that would be necessary to make each af those sce�arios work. FinaNy, each of those scenarios identifies how much the mo�thly �errt would be. - Telephone: (612) 323-5680; Fax: 32�3,5682; TDO%iTY: 323-5289 GovemmeM Center, Administration Otfic� 2100 3rd Averwe, Anoka, MN 5530C3-2489 15.12 Ju1y 28, 1995 Page 2 As we discussed, Senior Housing and Hausing Rehabilitatio� Committees could be developed for those communities �at warrted to participate i� one or tioth pragrams. These committees could be established to �ecommend the administration and ope�ations of the p�ogram. A community can belong to cne or both of these committees if they so desire. Committees would begin meeting in September 1995 and wiA be coo�dir�ated by the Anoka CouMy HRA. We have ider�tified some of the activities that each committee will be responsibie for. , As you aze aware� each year� those communities with HRAs o� EDAs with HRA authority will have the optio� to opt-in or not participate i� the p�ogram. There witt be an understood commitment, however. in those communities participating in the Senior Housing Prog�raams whict� wiil require thei� commitmerrt to contribute their levy for more than one year, dependi�g on the scenario sefected. I hc�oe this iriformation will be helpful. Please share it with your elected olfiaals and administrators. !f you should have any questions un the operatic;ns of �ie prugram, please do not hesitate to contact me at 323-�692 or Tom Durand at 323-5700. For arry technical questior�s, piease contact Steve Griesert at (50� 645-6044. GY��. ��,�i� Tim Yant Execudve Director TY:bje Enclosu�es cc: Anoka Caurrty HRA Board Jay McLinden, Couniy Administrator Tom Durand� Govemmental Services Div. Mgr. Alyce Osbom, Community DevelopmeM Manager Steve Griesert, Ccmmunity Partners,� Inc. 15.13 EXAMPLE SENtOR HOUSING AND HOUSING REHABIL1TATiON COMMITTEES 1. Anoka County HRA to consider: a. Senior Housing Committee and Housing Rehabilitation Committee b. Municipalities that setected the respective options will be members of the committees. 2. Committee Activity Senior Housing Comr�nittee • Recommend mun'scipalities' senior housing needs • Recommend number of units fo� each municipality • Recommend selection of a�chitect, sites, designs, prepare a project program evaluate financing options, determine how to maximize tax levy, etc. • Recommend award or bids, construction • Oversee construction Housing Rehabilitation Committee • Recomme�d methods to teverage tax levy fu�ds (MHFA, Federa! Home Loan Bank, Met Council, etc. • Recommend allocation of fu�ds (by municipality, by rent and single family owner occupied) � Recomme�d guidetines for administrating funds, select ad and who will administer the Housi�g Fiehabilitatio� Programs. 15.14 II. 1 .< . ` . :� .:.• ... . . ... . . ....... . .h . �... �:�..�. ... . . .... ... . ... . . . . . ... . . . . . . . . � . . .... . . . ..... . . . . . . . . . , �it ~ ` Assumptions: Scenario 1: EXAMPLE ANOfca courvnr HOUSING REHABILITATION PROGRAM • Anoka County HRA special benefd levy of municipalities participating will total $250,000 to $500,000 for housing rehabilitation Average rehabilitation project�is $10,000 Levy can be leveraged 2-3 to 1 with grant fu�ds Levy can be ievEraged 4 to 1 with foan funds HRA Tax Lew Leveraqe with Grarrt Funds $250,000 �oo,000 Scenario 2: $250,000-$500,000 �oo,00a�� ,000,000 HRA Tax Lew Leverage with Loan Funds $250�000 $500,000 $1 �000,000 $2,000,000 Total $500,000-$750,000 $1,000,000-$1,500,000 Total $1,250,000 $2,500,000 No. of Rehabs 50-75 100-150 No. of Rehabs 125 250 *Grarrt and �oan Funds (MHFA, Federal Home Loan Bank, Metropolitan Cou�cil, Private Financial I nstitutions) *Loan Funds may create an "ongoing" Revolving Loan Fund 15.15 EXAMPLE ANOfca couNnr � SENIOR HOUSING PROGRAM ASSUMPTIONS • 100 units of market rent housing • $55,000 to $65�000 per unit cost (includes all construction and soft costs exclusive of land) • $65,000 units - Many amenties including underg�ound parking • $55,000 units - Less amenities; no underground parking • $175.00 per unit average monthly operating expense • Total Project Costs - $5,500�000 #o $6,500,000 • Annual Anoka County HRA special benefit levy of municipalities participating will total $200,000 for senior housing SCENARIO NO. 1 • Many amenities including u�derground parking • $6,500,000 total cost � 7 year commiimeni of $20D,000 annuai contribution • $450.00 morrthly rerrt 15.16 . �� .,: � •• � � . -. . . . � . . � . . . . . . � . . . . . . -.`�'(..Y\.... ... � �. �t•:l+. `t t � . . . ..{.}.. . . . .. ... . � .\ . �... . . . . . . . . . . . ... . ... .. . . .� . . . . . . . . . . ... . . .. . .. . . . . . .� .... . . . . SCENARIO NO. 2 • Many ameni#ies including undergrounct parking • $6,500,000 totai cost • 5 year commitment of $200,000 annuai contribution • $550.00 monthly rerrt SCENARIO NO. 3 • Less amenities; no underground Qarking • Tota! project cost - $5,500,000 • 3 year comm'�tment of $200,000 annual contribution � • $450.00 mo�thiy rent SCENARIO NO. 4 • Less amenities; �o underground parking • Total project cost - $5,500,000 • 2 year commitmerrt of $200,000 an�ual contributio� • $500.00 morrthly rerrt 15.17