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07/14/1997 - 4789'_ CITY OF FRIDLE.Y FRIDLEY CITY COUNCIL MEETING ATTENDENCE SHEET Maviday, Juky 14, 1997 7:30 P.M. PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN ITEM DDTT�TT untvrF �cr,F.ART,YI ADDRESS NUMBER � FKIDLEY CITY COUNCIL MEETING OF � � oF JULY 14,1997 FRIDLEY T'lle City of Frid(ey will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require au�ciliary aids should contact Roberta Collins at 572-3500 at (east one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. PROCLAMATION: National Night Out - Tuesday August 5, 9997 APPROVAL OF MINUTES: City Council Meeting of June 23, �997 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: Receive the Minutes of the Planning Commission Meeting of June 18, 1997 . . . . . . . . . . . . . . 1.01 - 1.14 FRIDLEY CITY COUNCIL MEETiNG OF JULY 14, 1997 Page 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS �CONTINUED�: Variance Request, VAR #97-08, by W. W. Klus Realty, to Increase the � Maximum Area of a Sign from 80 Square Feet to 130 Square Feet to Allow the Replacement of an Existing Pylon Sign, Generally Located at 7920-7990 University Avenue N.E. (Ward 3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . �.0� - 2.26 Approve a Permit for a Temporary Trailer at 7800 Elm Street N.E. Until September 1, : 1997 (Ward 3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.01 - 3.03 Resolution Authorizing Advertisement for Bids for Well House Nol. 1 . . . . . . . . . . . . . . . . . . . . . 4.01 - 4.05 Resolution in Support of an Application fo.r a Minnesota Lawful Gambling Premise Permit to Minneapolis Jaycees Charitable Foundation . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.01 - 5.02 FRIDLEY CITY COUNCIL MEFTw� n� _�i i� v �d �aa� -- -- ---- - -, --_. APPROVAL OF PRQPOSED CONSENT AGENQA: NEW BUSINESS (CONTINUEDI• Appointment: City Employee . . . . . . . . . . . . . . . . . . . . . . 6.01 Claims....................................7.01 Licenses Estimates: � rdcJ. � 3 ...................................8.01-8.05 ...................................9.01 ADOPTION OF AGENDA: I PUBLIC HEARINGS: Amendment to Section 7.02 of the Fridley City Charter, Regarding Taxation (Continued from June 9, 1997) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.01 - 10.03 FRIDLEY CITY COUNCIL MEETING OF JULY 14, 1997 Page 4 PUBLIC HEARINGS (CONTINUED� Approval of Beer License for Oriental House (5865 University Avenue N.E.) (Ward 1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11.01 - 11.02 Housing Finance Program and the -- Issuance of Revenue Bonds to � Finance an Elderly Housing Development (Noah's Ark of Fridley Project) (Ward 3) . . . . . . . : . . . . . . . . . . . 12.01 - 12.04 OLD BUSINESS Resolution of the City of Fridley, Minnesota, Declaring a Breach of a Development Agreement Befinreen the City of Fridley and Two Other Parties by Reason of the _ Nonperformance by Those Parties � of Their Obligations Thereunder, and Reserving for the City of Fridley those Remedies as may be Available to it by Law (Property Located at . 61 st Avenue and East River Road) (Ward 3) (Tabled June 23, 1997) . . . . . . . . . . . . . . . . . . . . . . . . 13.01 - 13.03 FRIDLEY CITY COUNCIL MEETING OF JUtY 14, 1997 OLD BUSINESS (CONTINUED• Paqe 5 Second Reading of an Ordinance Amending Section 11.01 of the Fridley City Charter Regarding Public Utilities (Tabled June 23, 1997) . . . . . . . . . . . . . . . . . . . . . . . . 14.01 - 14.02 NEW BUSINESS: Speciaf Use Permit, SP #97-02, by Home Depot USA, Inc., to Allow Nurseries or Garden Centers Which Require Outdoor Sales and Storage, Generally Located at 5650 Main Street N. E. (Ward 3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15.01 - 15.12 Resolution Reciting a Proposal for a Housing Finance Program to Finance an Elderly Housing Development Project, Giving Preliminary Approval to the Project and the Issuance of Revenue Bonds Pursuant to Minnesota Law, and Ratifying the Preparation of a Housing Finance Program (Noah's Ark of Fridley Project) (Ward 3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16.01 - 16.05 Informal Status Reports ..............................97.01 : ADJOURN: Q, SI �� CfTY OF FRIDLEY FI�IDLEY CITY COUNCIL MEETING OF JULY 14,1997 The City of Fridiey will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. PROCLAMATION: National Night Out - Tuesday August 5, 1997 APPROVAL OF MINUTES: City Council Meeting of June 23, 1997 1 . • APPROVAL OF PROPOSED CONSENT AGENDA• NEW BUSINESS: Receive the Minutes of the Planning Commission Meeting of June 18, 1997 ..................... 1.01-1.14 Variance Request, VAR #97-08, by W. W. Klus Realty, to Increase the Maximum Area of a Sign from 80 Square Feet to 130 Square Feet to Allow the Replacement of an Existing Pylon Sign, Generally Located at 7920-7990 Universiry Avenue N.E. (Ward 3) . . . . . . . . . . . . . . . . . . . 2.01 - 2.26 \` C��--e�'�`'`' � `� V APPROVAL OF PROPOSED CONSENT AGENDA: moved 1 h^S 2 ��-1, S-�� NEW BUSINESS (CONTINUED� Approve a Permit for a Temporary Trailer at 7800 Elm Street N.E. Until September 1, 1997 (Ward 3) . . . . . . . . . . . . . . . 3.01 - 3.03 �� Resolution Authorizing Advertisement for Bids for Well House Nol. 1... 4.01 - 4.05 � ��5�� m� ,�� Resolution in Support of an Application for a Minnesota Lawfui Gambling Premise Permit to Minneapolis Jaycees Charitable Foundation . . . . . . . . . 5.01 - 5.02 ��Q � Appointment: City Employee . . . . 6.01 �� Claims ..................... 7.01 �� Licenses . . . . . . . . . . . . . . . . . . . 8.01 - 8.05 rrm C-. Estimates : . . . . . . . . . . . . . . . . . . . 9.01 �� ADOPTION OF AGENDA: a�cQ,�.� ��ev� 5 2 i� �� r o r� CpnSer�'' PUBLIC HEARINGS: Amendment to Section 7.02 of the Fridley City Charter, Regarding Taxation (Continued from June 9, 1997) . . . . . . . . . . . . . . . . . . 10.01 - 10.03 Approval of Beer License for Oriental House (5865 Universiry Avenue N.E.) (Ward 1) . . . . . . . . . . . . . . . . . . . . . 11.01 - 11.02 Housing Finance Program and the Issuance of Revenue Bonds to Finance an Elderly Housing Development (Noah's Ark of Fridley Project) (Ward 3) OLD BUSINESS . . 12.01 - 12.04 Resolution of the City of Fridley, Minnesota, Declaring a Breach of a Development Agreement Beiween the City of Fridley and Two Other Parties by Reason of the Nonperformance by Those Parties of Their Obligations Thereunder, and Reserving for the City of Fridley those Remedies as may be Available to it by Law (Property Located at 61st Avenue and East River Road) (Ward 3) (Tabled June 23, 1997) . . . . . . . . �� -�? � �� 13.01 - 13.03 Second Reading of an Ordinance � I��?; Amending Section 11.01 of the � I/� � Fridley City Charter Regarding Public �` Utilities (Tabled June 23, 1997) . . . . . . . . 14.01 - 14.02 ,�(� C`', NEW BUSINESS: .. J Special Use Permit, SP #97-02, by Home Depot USA, Inc., to Allow Nurseries or Garden Centers Which Require Outdoor Sales and Storage, Generally Located at 5650 Main Street N.E. (Ward 3) . . . . . . . . . . . . . . . . 15.01 - 15.12 1 o.b�e� -'rc� 1A ilc� 1` Resolution Reciting a Proposal for a Housing Finance Program to Finance an Elderly Housing Development Project, Giving Preliminary Approval to the Project and the Issuance of Revenue Bonds Pursuant to Minnesota Law, and Ratifying the Preparation of a Housing Finance Program (Noah's Ark of Fridley Project) (Ward 3) . . . . . . . . . . . . . . . . . . . . . 16.01 -16.05 �` �-- � � � S�� Informal Status Reports . . . . . . . . . . . . . . 17.01 / ADJOURN: ` ` � � f � ♦ r�c �� I�IAT101�[AL I�[IGHT OUT Taesaa�, Aagusi S, 1997 WHEREAS, the National Association of Town Watch (NATVI� is sponsoring a unique, nationwide crime and drug prevention program on August 5, 9997, entitled "National Night Out;"and, . WHEREAS, the "13th Annual National Night Out" provides a unique opportunity for tMe Gity of Fridley to join forces with thousands of other communities across the country in promoting cooperative, police and community crime prevention etforts; and, WHEREAS, Fridley Neighborhood Watch plays a vital role in assisting the Fridley Police Department through joint crime and drug prevention efforts in Fridley, and is supporting National Night Out 1997 /ocally; and, WHEREAS, police%ommunity partnerships and neighborhood safety, awareness, and cooperation are important themes of the "National Night Out" program; NOW THEREFORE, BE IT RESOLVED that 1, Nancy J. Jorgenson, Mayor of the City of Fridley, do hereby proclaim Tuesday, August 5, 1997, as: NATI01�[AL I�IIGHT OUT in Fridley, Minnesota. BE IT FURTHER RESOLVED, that the Mayor and City Council of the City of Fridley call upon all citizens of Fridley to join the Fridley Neighborhood Watch and the NationaJ Association of Town Watch in supporting the 13th Annual National Night Out on August 5, 1997. IN WITNESS WHEREOF, 1 have set my hand and caused the seal of the City of Fridley to be affixed this 14th day of July, 1997. NANCY J. JORGENSON, MAYOR THE MINUTES OF TAE REGULAR MEETING OF THE FRiDLEY CITY COUNCIL OF JUNE 23, 1997 The Regular Meeting of the Fridley City Council was called to order by Mayor Jorgenson at 7:35 p.m. PLEDGE OF ALLEGiANCE: ; Mayor Jorgenson led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: Members Present: Members Absent: Mayor Jorgenson, Councilman Barnette, Councilwoman Bolkcom Councilman Schneider APPROVAL OF MINUTES: COUNCIL MEETING, JUNE 9, 1997: Councilman Billings, MOTION by Counci(woman Bolkcom to approve the minutes as presented. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. APPROVAL OF PROPOS�D CONSENT AGENDA: ' OLD BUSINESS: 1. 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 #97-01: Mr. Burns, City Manager, stated that this is the second reading of an ordinance rezoning five properties to the newly created M-4 zoning. The properties are Anderson Trucking, Everest Properties, Ashton Avenue Property, Friendly Chevrolet and Kurt Manufacturing. The rezonings exclude truck terminals as well as other industries that require outdoor storage of materials, vehicles and equipment. The rezonings are being implemented for vacant properties located adjacent to residential areas. Staff recommends Council's approval of this ordinance. WAIVED THE READiNG AND ADOPTED ORDINANCE NO. 1099 ON THE SECOND READING. FRIDLEY CITY COUNCiL MEET[NG OF JUNE 23. 1997 PAGE 2 NEW BUSiNESS 2. RECEIVE TAE MINUTES OF THE PLANNING COMMISSION MEETING OF JUNE 4, 1997: Councilman Billings recommended moving item no. 2 from the Consent Agenda. THIS ITEM WAS REMOVED FRO�V[ THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 3. VARiANCE REOUEST, VAR #97-07, BY ONAN CORPORATION TO INCREASE TRE SiZE OF A SIGN FROM 80 SQUARE FEET TO 161 SOUARE FEET TO ALLOW A CAANGE OF LETTERS ON THREE EXISTING SIGNS. GENERALLY LOCATED AT 1400 - 73RD AVENUE N.E. (WARD 2): Mayor Jorgenson recommended moving item no. 3 from the Consent Agenda and noted that she needed to abstain from voting. 4. RESOLUTION OF THE CITY OF FRIDLEY. MINNESOTA, DECLARING A BREACH OF A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF FRIDLEY AND TWO OTAER PARTIES BY REASON OF THE NONPERFORMANCE BY THOSE PARTIES OF THEIR OBLIGATIONS THEREUNDER. AND RESERVING FOR THE CITY OF FRIDLEY THOSE AT 61ST AVENUE AND EAST RIVER ROAD� (WARD 3): Councilman Billings recommended moving item no. 4 from the Consent Agenda. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 5. APPROVE AGREEMENT BETWEEN THE CITY OF FRIDLEY AND THE COUNTY OF ANOKA FOR THE RESIDENTIAL RECYCLING PROGRAM: Mr. Burns, City Manager, introduced the consideration of a motion to approve an agreement between the City of Fridley and Anoka County for the City's residential recycling program. The agreement establishes terms for pass through of SCORE funds from Anoka County to the City. Terms include required residential recycling goal of 2,468 tons and a variety of other provisions relating to reporting requirements, billing procedures, records maintenance, and a host of general provisions. The City has been allocated $76.506.13 in SCORE funds for 1997. The amount is $1,699.33 less than our 1996 allocation. Reduction is based on distribution of County funding among an increasing number of households in Anoka County. Staff recommends Council's approval of the agreement. FRIDLEY CITY COUNCIL MEET[NG OF JUNE 23, 1997 PAGE 3 APPROVED AGREEMENT BETWEEN THE CITY OF FRIDLEY AND THE COUNTY OF ANOKA FOR THE RESIDENTiAL RECYCLING PROGRAM. 6. APPOINT BRAD SIELAFF TO SERVE ON TAE SPRINGBROOK CLEAN WATER PARTNERSHIP ADVISORY COMMITTEE: Mr. Burns, City Manager, stated that the City has received a$29,745 grant to conduct a water quality study at Springbrook Nature Center. Requirements of the grant include the establishment of a citizen advisory committee to review the project work plan, oversee data collection, coordinate public education and review a final report. The Committee will consist.of two representatives from Blaine, Coon Rapids, Spring Lake Park and Fridley. Mr. Burns recommended that Fridley's representatives be Siah St. Clair, Naturalist, and Brad Sielaff, Chair of Fridley's Environmental Quality and Energy Commission. Council is being asked to approve the appointment of Mr. Sielaff since his position is one appointed by Council. APPOINTED BRAD SIELAFF TO SERVE ON THE SPRINGBROOK CLEAN WATER PARTNERSHIP ADVISORY COMMITTEE. 7. ESTABLTSA A PUBLIC HEAR�i�TG FO� JULY 14. 1997, FOR A BEER LICENSE - FOR ORIENTAL HOUSE (WARD 1): NIr. Burns, City Manager reported that Oriental House is located on the east side of University Avenue. A�ew license is required by transfer of ownership. Staff recommends CounciPs approval. � - SET THE PUBLIC HEARING FOR A BEER LICENSE FOR ORIENTAL HOUSE FOR JULY 14, 1997. 8. RESOLUTION AUTAORIZING AND DIRECTING THE SPLITTING/ COMBINATION OF SPECIAL ASSESSMENTS ON: LOTS 1& 2, BLOCK 1, OSBORNE COMMERCE CENTER (WARD 3): Mr. Burns, City Manager, stated that the City is being asked for the consideration of a resolution authorizing and directing the splitting/combination of specia( assessments for lots created at the Osborne Commerce Center. The property is located at 193-223 Osborne Road. The owner of the two lots is the Steiner Development Corporation. Each new parcel has three projects outstanding, with a total balance of $46,686.40 owing. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 50-1997. FRTDLEY CiTY CUUNCIL MEETING OF JUNE 23 1997 PAGE 4 9. RESOLUTION AUTHORiZING THE ISSUANCE OF $3 910 000 FLOATING RATE DEMAND COMMERICAL DEVELOPMENT REVENUE REFUNDING BONDS (RIVER ROAD INVESTORS PROJECT) SERIES 1997; APPROVING AND AUTHORIZING THE EXECUTION OF A TRUST INDENTURE A LOAN AGREEMENT, AND A BOND PURCHASE AGREEMENT AND VARIOUS OTftER DOCUMENTS RELATED TO THIS FINANCiNG (WARD 3)• Councilman Billings recommended moving item no. 9 from the Consent Agenda. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 10. APPROVE PROPOSAL FROM ELECTRONIC INTERIORS INC. FOR UPDATIIVG SYSTEM DOCUMENTATION FOR COUNCIL CHAMBERS TECRNC+LOGY• Mr. Burns, City Manager, recommended approval of a proposal from Electronic Interiors, Inc., for updating the drawings related to wiring and installation of telecommunications equipment in the Council Chambers. Two quotes were received with the lowest quote from Electronics Interiors in the amount of $5,100. Work is being requested in conjunction with past instailation of remote television cameras: It will also facilitate future installation of wiring for computers in the Cpuncil Chambers: The funding is not bu�lgeted and would need to be appropriated by supplemental appropriation from the CATV Fund. Staff recommends Council's approvaL APPROVED THE PROPOSAL FROM ELECTRONIC INTERIORS, INC.1N THE AMOUNT OF $5,100. 11. CLAIMS: AUTHORIZED PAYMENT OF CLAIM NOS. 74912 - 75152. 12. LICENSES: APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE IN THE LICENSE CLERK'S OFFICE. 13. ESTINIATES: APPROVED THE ESTIMATES AS FOLLOWS: Insituform Central, Inc. 17988 Edison Avenue Chesterfield, MO 63005 FRIDLEY CITY COUNCIL MEETING OF JUNE 23. 1997 � PAGE 5 Sanitary and Storm Sewer Repair Project No. 304 FINAL ESTIMATE ..................................$ 91,445.40 Thomas & Sons Construction, Inc. 13925 Northdale Blvd. Rogers, MN 55374 1996 Street Improvement Project No. ST. 1996 - 1& 2 FINAL ESTIMATE ...................................$ 11,628.86 Hardrives, Inc. 14475 Quiram Drive Rogers, MN 553374 Central Avenue Bikeway/Walkway Project No. ST. 1994 - 9 Estimate No. 1 ............................................$ 15,746.25 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 April, 1997..........$ 15,533:00 No persons in the audience spoke regarding the proposed consent agenda items. ADOPTION OF AGENDA: MOTION by Councilwoman Bolkcom to adopt the agenda with the addition of Items 2, 3, 4, & 9 from the consent agenda. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion camed unanimously. OPEN FORUM ViSiTORS: ANN PRIBULA Ann Pribula, 6880 East River Road, expressed thanks to Barbara Dacy for providing prompt information as a follow up to Ms. Pribula's addressing the City Council concerning City licensing of contractors. Ms. Pribula reported on continuing safety issues related to work done on their home by a contractor licensed by the City. The work requires a gas meter be relocated. The contractor offered the use of his tools to the Pribula's recommending that they move the gas meter themselves. The Pribu(a's declined, as this would be a very unsafe, illegal act. The Pribula's FRiDLEY CITY COUNCIL MEETING OF JUNE 23, 1997 PAGE 6 have not moved back in their home to date, and they are not asking the city for anything except to raise concern over safety issues. Councilwoman Bolkcom suggested that the Pribula's contact the State Contractor's Division of the Attorney General's Consumer Protection Agency in resolving this problem. Barbara Dacy recommended that the City document and identify the issues surrounding this contractor, check to see that the work is up to code and that the correct permits have been issued. PUBLIC AEARINGS: 14. INTOXICATING LIOUOR LICENSE FOR SUCCESSFUL CONCEPT DEVELOPMENT, INC. (MAIN EVENT, 7820 UNIVERSITY AVENUE N.E.) �VARD 31: Motion by Councilman Barnette to waive the reading and open the public hearing notice. Seconded by Councilwoman Bolkcom. Upon a voice vote this public hearing was opened at 7:52 p.m. Mr. Burns, City Manager, introduced Ms. Wendy Benicasa, owner of the Main Event. Ms. Benicasa reported that Main Event will remain the same franchise as prior, and she is aware of the current liquor license requirements. Councilwoman Bolkcom inquired if the Police Department has conducted the appropriate background checks. She said that the City takes a�ery firm stand on liquor/food ratios and holds . a high code to the behavior of the businesses' customers. Ms. Benicasa reported that the business is ready to open pending licensing. Councilman Billings inquired if Mss Benicasa has ever had a liquor license before. Ms. Benicasa replied that she owned property in Ramsey with a liquor business. She has since sold the business. MOTION by Councilwoman Bolkcom to close the public hearing. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously and the public hearing closed at 7:55 p.m. OLD BUSINESS: 15. SECOND READING OF AN ORDINANCE AMENDiNG SECTION 11.01 OF THE CITY CHARTER (PUBLiC UTILiTIES): MOTION by Councilwoman Bolkcom, to table amending Section 11.01 of the City Charter as this requires a unanimous vote. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried and the reading tabled to July 14, 1997 FRiDLEY CiTY COUNCiL MEETING OF JUNE 23, 1997 PAGE 7 16. APPROVE LETTER OF SATISFACTION BETWEEN THE CITY OF FRIDLEY AND PARAGON CABLE RELATED TO THE CABLE TELEVISION TRANSFER OF OWNERSHiP (TABLED MAY 19, 1997) Councilwoman Bolkcom clarified for the discussion that, according to her understanding of the CATV franchised agreement, Paragon Cable is responsible for the full amount of about $7,300. Mr. Knaak, City Attorney confirmed we do not;intend to establish a precedent with Paragon, nor does the cable company wish to establish a precedent in settling with the City. With respect to the overall settlement issue, Mr. Knaak suggested the prospects of recovery via a lawsuit on this issue could be problematic. The costs of pursuing a lawsuit would be greater than the difference in the settlement amount. Mr. Knaak advised the settlement is reasonable. Paragon has not agreed to such a settlement in prior cases. This is the best settlement any municipaiity has ever received with Paragon. Mr. Knaak indicated that he is not opposed to stands on principle; however, there are times, when the right thing to do is to settle in a reasonable and favorable manner. Mayor Jorgenson suggested that Paragon agreed to the terms of the Franchise Agreement; therefore, she does not support accepting this settlement. Mr. Knaak reported that Paragon does not interpret the Franchise Agreement the same way as the City therefore this could result in litigation. Mr. Knaak's job is simply to recommend the most effective way of settling the dispute. Mr. Hunt reported that in the year 2001 the City will begin the process of renewing the franchise. It may be difficult to recover the cost of any litigaxion in the Franchise Renewal. Mr. Burns clarified the disputed amount is about $2,900 as opposed to the expenses in going to court. Councilwoman Bolkcom suggested that the City send a letter to Paragon stating that the Council supports the franchise agreement, once again requesting payment of the full amount. She asked if the City will lose the current offer by sending this letter. Mr. Knaak explained that the concessions have been made from this position. He was reluctant to speculate on the outcome. He suggested that Council has taken the issue as far as they can. Paragon's concern is the broader perception toward other franchise discussions they will conduct. Councilman Billings stated that this issue has been going on for two years. Through his discussions with other cities, agreements were reached for fifty cents on the dollar. Councilman Billings' opinion is that Attorney Knaak has already negotiated the best possible settlement, and the working relationship with the cable industry has a value. Therefore, Councilman Billings recommends voting for the settlement. FRTDLEY CITY COUNCiL MEETING OF JUNE 23, 1997 _ PAGE s MOTION by Councilman Barnette to approve the Letter of Satisfaction between the City of Fridley and Paragon Cable related to the Cable Television Transfer of Ownership. Seconded by Councilman Billings. Upon a voice vote two in favor and two against, the motion failed. ITEMS FROM THE CONSENT AGENDA: 2. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF JUNE 4, 1997: , Gouncilman Billings recommended moving item no. 2 from the Consent Agenda. MOTION by Councilman Billings to table the minutes of the Planning Commission meeting of June 4, 1997. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion camed unanimously. TABLED THE MINUTES OF THE PLANNING COMMISION MEETING OF J[TNE 4, 1997 FOR POSSIBLE CORRECTION. 3. VARIANCE REQUEST, VAR�# 97-07._ _�_Y, -__ ONA�- CORPORATI.ON . TO _. .., INCREASE THE SIZE OF A SIGN FR�M�O. �SQI�A�RE �ET"TO' 161 �SQUARE ' �� FEET TO ALLOW A CHANGE OF LETTERS ON THREE EXISTING SIGNS, GENERALLY LOCATED AT 1400 - 73RD AVENUE N.E. (WARD 2): Mr. Burns, City Manager, reported on the variance as requested for three e�cisting signs. The combined area will be 161: square feet rathertt�the-�eq��red=��=square;fee�.- -The sigris were - constructed in 1969 with fwo changes in letterirtg since this construction. The requested variance ' would allow a third change in lettering. The Appeais Commission gave their unanimous consent to the request at their meeting of June 1 l, 1997. Staff recommends Council's approval. MOTION by Councilwoman Bolkcom to approve variance request, VAR #97-07, by Onan Corporation. Seconded by Councilman Barnette. Upon a voice vote, Mayor Jorgenson declared the motion carried with Mayor Jorgenson abstaining from the vote. 4. RESOLUTION OF TAE CITY OF FRIDLEY, MINNESOTA, DECLARING A_ __w__ BREACH OF A DEVELOPMENT AGREEN[ENT JBETWEEN TAE -CITY OF -- - FRIDLEY AND TWO OTHER -PARTIES BY_: REA�ON__ -_OF THE _ . _..,.._-- - NONPERFORMANCE BY THOSE PARTIES OF TFIEIR OBLTGATIONS • TAEREUNDER, AND RESERVING F�?K : THE: �ITY . OF FRIDLEY THOSE REMEDiES AS MAY BE AVAiLABLE--T�-ITBY.LAW (PROPERTY LOCATED AT 61ST AVENUE AND EAST RiVER ROAD) (WARD 3): Mr. Burns, City Manager, stated that this is a consideration of a resolution declaring a breach of a development agreement between the City and the owners of property located at 62nd Way and East River Road. Maynard Nielson and Robert DeGardner entered into the development agree�nent in 1984. Under terms of the agreement, the City was to rezone a 3.13 acre parcel FRiDLEY CITY COUNCIL MEETING OF JUNE 23 1997 PAGE 9 located just south of 62nd Way and East River Road from R-1 to R-3. The rezoning would have accommodated construction of 28 attached townhome units. In view of the owners' failuce to construct the planned development, we are recommending that Council officially declare a breach of the agreement and direct staff to initiate rezoning of the property from R-3, general multiple family, to R-1, single family. Councilman Billings met Mr. Nielsen in the parking lot. Mr. Nielson has requested a discussion with the City Council regarding the proposal. I�owever, Mr. Nielsen was not present to address the Council at this time. Councilwoman Bolkcom suggested the rezoning needed to be addressed and recommended tabling the topic, instructing city staffto request Mr. Neilsen's presence to discuss further. MOTION by Councilwoman Bolkcom to table the discussion of this item to July 14, 1997. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion camed and the discussion tabled to 7uly 14, 1997. 9. RESOLUTION AUTAORIZING TAE ISSUANCE OF $3.910,000 FLOATING RATE DEMAND COMMERICAL DEVELOPMEN3' REVENUE -RE�'UNDING � . BONDS (RIV-ER ROAD INVESTORS PRQJECTI SERIES 1997: APPROVING AND AUTAORIOZING THE EJ�ECU�'IQ1�OF� T-1�UST>�DE�TT�J�. A�UA�-•• -----�---_-- AGREEMENT. AND A BOND PURCHASE AGREEMENT AND VARIOUS _,_ OTHER DOCUMENTS RELATED TO 1"HIS FINANCII�IG (WARD 3): �° MOTION by Councilman Billings to adopt Resolution No. 51-1997. Seconded -by Counci� -== =- - woman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motin carried unanimously. Mr. Burns, City Manager, stated that this is a$3,910,000 bond issue. The group is headed by Harry Yaffe. The bonds are being refunded due to expiration and reissuance of a letter of credit for First Bank National Association. The bonds are issued for seven years with an expected A-1 bond rating. The refunding has been reviewed by City of Fridley Bond Counsel Jim O'Mara. The City's expenses have been reimbursed. The�Crt}�-is�onk�a�eo�d�tit�for_this issue with na pledge.o£ .::.____,:._ - "full faith and credit." Staff recommends Council's approval. Councilmember Billings requested that this item be tabled, He asked if refinancing the bonds would result in a lower interest rate. Mr. Burns reported that there is no new interest rate. The request is simply to update the letter of credit. ADOPTED RESOLUTION NO. 51-1997. FRiDLEY CiTY COUNCIL MEETING OF JUNE 23. 1997 PAGE 10 NEW BUSINESS: 17. SPECIAL USE PERMIT REQUEST, SP #97-04, BY JIM RANDERS, TO ALLOW CONSTRUCTION OF A 3,000 SQUARE FOOT ADDiTrON, WHICH WOULD BRING THE TOTAL LOT COVERAGE OF THE PROPERTY TO APPROXIMATELY 50 PERCENT. GENERALLY LOCATED AT 7839 ELM STREET N.E. (WARD 3): Mr. Hickok reported on special use request for 7839 Elm Street N.E. allowing an increase in lot coverage to fifty percent rather than the standard forty percent variance. Property is zoned M-2, Heavy Industrial, as are the surrounding areas. Mr. Randers proposes to construct a 3,000 square foot addition to the building to provide additionai space for the assembly of commercial displays. The petitioner's proposal increases the amount of hardsurface area on the property. Staff re;ommended that the Planning Commission deny the request.. This recommendation was based on the fact that the proposal does not reduce the amount of existing hardsurface on the property, and the petitioner cannot meet the setback and parking requirements of the M-2 district. The Planning Commission voted unanimously to recommend approval of the request to the City Council with the stipulations recommended by staff. The petitioner has agreed to completely reconfigure the side�valk to reduce the amount of hardsurface on the site (additional 44 square feet). Staff recommends that the City Council concur with the staff recommendation. Councilwoman Bolkcom inquired on the impact of the building in this area. Mr. Flora reported that this 3,000 square foot addition will not have any impact on storm sewer or street runoff as the area is overbuilt now. Councilman Billings inquired on the stipulations of future use of the property and wanted to know if it is policy to file those stipulations. Mr. Hickok reported that, yes, future owners wili also abide by the standard. Councilwoman Bolkcom inquired if there has been an issue of parking in the area. Mr. Hickok reported that there have not been compiaints; however, planning requirements include a business' ability to contain their parking requirements. Mr. Randers addressed the City Council and explained the need for his business to expand in order to accommodate his current business. MOTION by Councilwoman Bolkcom to approve Special Use Permit Request, SP #97-04 with the following five stipulations. (1.) The landscape plan shall be amended as follows: a. Substitute a rubrum maple for the proposed Marshall's Ash; b. Add six flowering crabapples or plums; four in front and two in the green area in rear; and c. Add two additional Black Hills Spruce at the front (Northwest corner of the building); {2.) The green area on the east side of the addition shal( not be converted to hardsurface; (3.) The sidewalk in front of the building shall be removed as indicated in the drawing "site modifications;" (4.) The petitioner acknowledges that the site is FRtDI,EY CITY COUIVCIL MEETfNG OFJUNE 23, 1997 PAGE tt deficient in parking and future reuse of the building will require a tenant with similar or less parking space demands or processing a special use permit for off-site parking; and (5.) Variance Request, VAR #97-05, shall be approved. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. l8. VARIANCE REQUEST, VAR #97-05, BY J(M RANDERS, TO REDUCE THE MINIMUM LOT AREA FROM 1.5 ACRES TO 27,000 SQUARE FEET; TO REDUCE THE SIDE YARD SETBACK FROM 20 FEET TO 10 FEET; TO REDUCE THE SETBACK FROM AN ALLEY RIGHT-OF-WAY FROM 40 FEET TO 39 FEET; TO REDUCE THE REQUIRED NUMBER OF PARKiNG ST.4LLS FROM 31 TO 15• TO REDUCE THE PARKiNG SETBACK FROM THE SiDE LOT LINE FROM 5 FEET TO 0 FEET; TO REDUCE THE PARKiNG SETBACK FROM AN ALLEY RIGHT-OF-WAY FROM 15 FEET TO 0 FEET; ALL TO ALLOW THE CONSTRI,1CTiON OF A 3,000 SQUARE FOOT ADD1TiON, GENERALLY LOCATED;AT 7839 ELM STREET N.E. (WARD 3� The petitioner, Jim Randers, owner of Display Arts, requests that several variances be granted to allow construction of a 3,000 square foot addition to property located at 7839 Elm Street. The proposed addition is 50 feet by 60 feet. City Code requires approval of a special use permit to allow an increase in lot coverage to fifty percent. Five variances have been requested including lot area, side yard setback, setback from the alley, number of parking stalls and parking setback. The building originally received two variances in 1973 prior to its construction. Those variances included the reductions in rear yard and side yard setbacks. It is difficult to develop in the Onaway district without granting variances due to the size of the lots. The variances requested by the petitioner are within previously granted requests. Staff recommended that the Appeals Commission deny that portion of the request to reduce the setback from the alley right-of-way from 40 feet to 39 feet. The remaining variances are within previously granted requests. The Appeals Commission voted unanimously to recommend approval of the variance request to the City Council with the stipulation that Special Use Permit, SP #97-04, be approved. MOTION by Councilwoman Bolkcom to approve Variance Request, VAR # 97-05. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. 19. IIVFORMAL STATUS REPORTS: Senator pon Betzold addressed the City Council to provide a brief overview of this year's legislative session. Senator Betzold reported on the projected budget surplus of $2.3 billion; and noted that the Locke Lake Dam Renovation Loan was forgiven. There is 14 million dollars available targeted for industrial site clean up which the Citv of Fridlcy rnay wish to pursue. A bill restricting youth access to tobacco was passed. The crimc bill has a lot oP money for Jocal initiatives coverin�, overtime costs for ofi�icers, �vee;d and seed projects, sex o(�'ender community notifica!ion, (�.�� R.l�: E�ro�ram cxpansion, and schoul-bascd ��rob�ation in rinoka County. FRIDLEY CiTY COUNCiL MEETiNG OF JUNE 23, 1997 � PAGE 12 Welfare reform was a big bill that was passed this year. There is now a five-year iifetime limit. The Tax Bill lowered rates for homestead, rental and commercial/industrial areas. Tax increment financing continues to be a big issue at the capital. There is a temporary levy limit in place which will be determined by August 1 from the Department of Revenue. Limits will be determined by current rate, population rates, etc. Any bill that is passed including a local mandate will require a fiscal note identifying what is to be accomplished and resources necessary to accomplish. The education funding bill was not passed and the legislation will return to address this issue. The Twins stadium issue was not addressed. A gasoline tax increase was passed to provide assistance in flood relief, however it is not supported by Anoka County. Absentee voter bill was not approved. Stronger DWI laws were vetoed. The legislation wiil return in September to address the stadium issue. Any guidance the City Council would like to present would be greatly appreciated. Mayor Jorgenson addressed the local school bond issues and expressed concern about the Governor's proposal to fund private education and that tax pay ;rs will ultimately foot the bill for bui(ding maintenance if the Governor's proposal passes. Mr. Flora expressed his thanks for Senator Betzold's' assistance on Locke Lake and requested further information on the Brownfield clean-up program. Mr. Hunt inquired if the Dimler amendment was eliminated with the change in speed limit laws. Senator Betzold reported the amendment was eliminated_ Councilman Billings expressed disappointment in the legislative session, that with the largest surplus ever, the bill proposed by Mr. Novak was not discussed further. He also expressed his disappointment in the attitude of the legislators concerning setting levy limits for cities. The city councils are elected to set their own budgets and are competent to do a good job. Senator Betzold shared the sentiment of Councilman Billings and assured the levy limit is a temporary limit and requested examples to bring to the legislative session. Councilman Billings also expressed his opinion that the legislation passed for K-12 was a good program and is supportive of the efforts of 85 percent of the legislature_ Mayor Jorgenson reported on July 10, 7:30 p.m. the Fridley City Council and the Housing Redevelopment Authority will meet to discuss lighting along the Highway 65 causeway. Councilman Billings noted that throughout the City there appears to be businesses displaying merchandise outdoors in tents and on sidewalks. There does not appear to be a problem at this point in time; however, Councilmember Billings suggested that staff conduct research on establishing guidelines to be included in the code relative to business displays of inerchandise. Barbara Dacy will be investigating this issue and reporting back to the City Council. Councilwoman Bolkcom inquired at what point will we discuss vacancies on the commissions. Mr. Burns answered as soon as possible_ FRIDLEY CITY COUivCIL MEETING OF JUNE 23, 1997 ___ ___ PAGE 13 Councilwoman Bolkcom asked if the City Council would like to discuss watering restrictions. Mr. John Flora, Public Works Director, replied that the City currently does not have a need to restrict watering. Fridley has two unfiltered wells to accommodate the summer peak water times. Mr. Flora explained that the best yard water times are late in the evening and early morning. ADJOURNMENT• MOTION by Councilman Barnette to adjourn the meeting. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously and the Regular meeting of the Fridley City Council of June 23, 1997 adjourned at 9:32 p.m. Respectfully submitted, Debbie Kidder Nancy J. Jorgenson Secretary to the City Council Mayor CITY OF FRIDLEY PLANNING COMMISSION MEETING, JUNE 18, 1997 CALL TO ORDER: Chairperson Savage called the June 18, 1997 Planning Commission meeting to order at 7:35 p.m. ROLL CALL: Members Present: Diane Savage, Dave Kondrick, LeRoy Oquist, Dean Saba, Larry Kuechle, Connie Modig Members Absent: Brad Sielaff - - Others Present: Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant Todd Mosher, Greenberg Farrow Architects, 1101 Perimeter Drive, Schaumburg, IL Vern Taber, -Home Depot, 5650 Main Street, Fridley APPROVAL OF JUNE.4, 1997 PLANNING COMMISSION MINUTES: MOTIQN by Mr, Kondrick, seconded by Mr. Kuechle, to approve the June 4, 1997 Planning Commission minutes as written. UPON A VOICE `TOTE, ALL VOTING AYE; CHAIi�PE�ON =SAiTA�E- DEC-i�ARED� -Ti�E -�-` �-- � MOTION CARRIED UNANIMpUSLY. l. (Tabled from 6/4/97 meetin ) PUBLIC HEARING- CONSIDERATION OF SPECIAL USE PERMIT, SP #97-02, BY HOME DEPOT USA, INC.: To allow nurseries or garden centers which require outdoor sales and storage on Lot l, Block 1, Home Depot Fridley Addition, generally locate.d at 5650 Main Street N.E. MOTION by Mr. Kondrick, seconded by Mr. Oquist, to remove this- item from the table. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE°DEC7�ARED THE` MOTION CARRIED UNANIMOUSLY. MOTION by Mr. Kondrick, seconded by Mr. Oquist, to open the public hearing. UPON A VOICE VOTE, ALL VOTING.AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 7:40 P.M. Ms. McPherson stated that prior to the staff presentation, staff would like to present a short videotape of the Maplewood Home Depot location, showing a similar outdoor sales area as that requested by the petitioner in Fridley. Ms. McPherson stated that 1,01 PLANNING CON�iISSION MEETING, JUNE 18, 1997 PAGE 2 the video was created prior to the May 7, 1997 Planning Commission meeting. The video showing the Maplewood Home Depot store was presented. Ms. McPherson stated that while the video was taped early in April or May, recent site inspections by staff have revealed that the conditions have not changed significantly since that time. Mr. Hickok brought attention to the vehicular movement and the storage of treated lumber at the Maplewood site during the video presentation. He also stated this the Maplewood store's garden center has many similarities to the Fridley store. Ms. McPherson stated that the petitioner, Home Depot, is requesting a temporary garden sales area to be allowed in the southeast corner of the parking lot. The proposed sale time would be from the 4th week of April to the lst week of July each year. Ms. McPherson stated the proposed sale area is 22,000 square feet, or 100' x 220' . Ms. McPherson stated that Home Depot is located at the intersection of Main Street and 57t'' Avenue, with approximately 11.68 acres in area. The property is zoned C-3, General Shopping Center, and is surrounded on all sides by M-2, Heavy Industrial zoning. The City rezoned the property from industrial to commercial to allow construction of the Home Depot store in 1994. Ms. McPherson stated that Home Depot has a garden sales area which is constructed as part of the Home Depot facility. This garden sales area is 27,972 square feet. The original special use permit to allow the garden center stipulated that no garden sales were to occur outside of the garden sales area. Staff's position is that any additional sales should be integrated as part of the-building. Ms. McPherson stated that staff's recommendation to the Planning Commission is that it recommends denial of the request to the City Council for the following reasons: l. The request is contrary to the original special use permit for garden center sales. -' 2. The request occupies a significant amount of parking area. 3. The request creates traffic conflicts with pedestrians. Ms. McPherson stated staff's alternative would be to construct some type of enclosed area along the front of the facility or to expand the existing garden sales area to accommodate the 1.02 PLANNING COMMISSION MEETING, JUNE 18, 1997 PAGE 3 additional sales requirement, similar to what was required of Wal- Mart in 1994. Ms. Savage asked if there were any similar businesses in Fridley that have garden sales in the parking lot. Ms. McPherson stated that the only similar request would be the Target store, which received a special use permit prior to the Wal-Mart request in 1994. The Wal-Mart request has set a precedent requiring that garden sales be integrated as part of the overall building design. Ms. Savage asked if Wal-Mart requested garden sales in the parking lot. Ms. McPherson stated yes. Wal-Mart did request garden sales in the parking lot, and staff approved them one year of sales with the stipulation that the following year the sales must occur . within an expanded garden center area, which they did comply with. Ms. Modig stated that Menards used to have�the same thing and they have discontinued that. Ms. McPherson stated that was correct. Mr. Oquist asked if this would be seasonal, and would be only good from the 4th week of April through the lst week of July. Ms. McPherson stated that since thzs request would not.be considered by the City Council until the first meeting of July, • this years' sales will not occur in the parking lot, so this special use permit would become effective in 1998 if approved. Mr. Oquist asked if this could be a seasonal request or would it need to be approved on a yearly basis. - Ms. McPherson stated a stipulation stating it is valid for a one year growing season could be approved. Special use permits are typically approved to run with the property, so a stipulation would need to be approved to require annual approval of seasonal sales. . Mr. Saba asked if the garden center that was shown on the video sells for the same period of time or if it was permanent feature of the store. Ms. McPherson stated that was a good question for the petitioner, however,.in other communities that were surveyed which have Home Depots and have issued some type of seasonal sal.es stipulations, 1.03 PLANNING COMMISSION MEETING, JUNE 1g� 1gg7 PAGE 4 they do limit the amount of time of the sales. Mr. Mosher presented a site plan showing the Fridley Home Depot store and the existing garden center, and indicated the traffic circulation patterns. He stated this request was for a temporary, seasonal sales area for the 4th week of April through the lst week of July. He stated that in Fridley, there is an abundance of parking spaces available, which dictates the size of the requested temporary garden sales area. Mr. Mosher described some of the items which would be sold in the temporary garden sales area and explained the proposed circulation of the sales area. Mr. Mosher stated th-at as far as staff's recommendation of denial is concerned and the�three points that were mentioned earlier, it is true that the,proposed garden area occupies a significant amount of the parking area, but it does not impact the parking ratio. Mr. Mosher. believes that there is no conflict in terms of traffic or pedestrian crossing than currentl� exists. Mr. Mosher stated that as far as the comment to the original special use permit, it is true that it does not permit the sale or display of plant materials outside of the existing garden center. What Home Depot is haping to do is to extend the garden center in an effort to comply.with that stipulation and consider this as temporary and seasonal which would be within the confines of the garden center .and ess�ntially comply with the stipulation of no outdoor sales. . Mr. Mosher stated that in closing, a large part of Home Depot's' business is the annual sales of lawn and garden materials. This is the bread and butter of their annual sales. They would like to make sure that they can meet the peak demand for product by do-it- yourself-ers in the area. He stated that the window of opportunity is very short. Mr. Mosher stated that he wished to introduce Vern Taber, who is the new Fridley store manager. Mr. Kondrick asked if the fence is erected around this area would be permanent. Mr. Mosher stated that it would be a temporary fence. He stated metal sleeves would be installed in the parking lot in which the fence pole would be inserted. Mr. Kondrick asked if there were plans to sell fertilizers or any kind of plant materials that would contaminate the water drainage occurring at the site. 1.04 PL�NNING COMMISSION MEETING, JUNE 18, 1997 PAGE 5 Mr. Mosher stated it would not be under cover. It was his understanding that the fertilizers that they currently have in the garden center are not under any cover. Mr. Taber stated that they would like to store fertilizers and topsoil in the seasonal sales area. They are products that they have difficulty maintaining adequate quantities of to meet the demand of the customers. He presented sales information regarding the sales amounts of a variety of products. Mr. Taber stated that looking at the video of the Maplew�od store, he agreed that.it is embarrassing. It is a pretty ugly eyesore, 3nd he committed that he would not have that kind of eyesore here in Fridley. He stated that whoever was in charge of inerchandising at the Maplewood store over ordered or didn't care what items looked like. What he proposes to do is to create a single level of inerchandise so as to not cr�ate an eyesore and make it easy for the customer to shop. Mr. Taber stated that the garden center sales window is very short in Minnesota when compared to California where he is from. That is the reason that they are asking for only a temporary sales permit. He stated that he had difficulty finding a good.variety of items at other stores, Home Depot and K-Mart were the only stores to have good varieties and selections of plant materials. Mr. Kondrick asked if the petitioners would be opposed to a stipulation that limited the stacking of inerchandise to six feet high. Mr. Taber stated they would not be opposed to that kind of stipulation. Ms, Modig asked what kind of security would be used. - Mr. Taber stated a rollaway gate with a chain lock on the outside. Any losses that they may have are nominal. They also have lights in the parking lot at night. Ms. Modig stated she was more concerned with vandalism rather than stealing. She was especially concerned with bags of mate�ials like manure or bark being broken and scattered around and possibly ending up in the storm sewer. Mr. Taber stated that a.cyclone fence six feet in height would discourage vandalism. Ms. Savage asked why Home Depot stipulated that there would be no outdoor sales of plant materials outside of the garden center and 1.05 PLANNING COMMISSION MEETING, JUNE 18, 1997 PAGE 6 are now before the Commission requesting additional garden sales . area. Mr. Taber stated that Home Depot did not conceive what kind of garden center demand there would be in a short period of time. They simply cannot provide enough goods for the public for what the demand is. He agreed that the existing garden center is huge, but it does not meet the demand of the customers. Ms. Savage asked what Home Depot's reaction would be to the alternatives which are recommended by staff in terms of expan�ding the garden center. Mr. Taber stated that in the �inter, the garden demands are almost nonexistent. If Home Depot constructed another permanent structure, it would be an additional cost for Home Depot to maintain above arid beyond the existing building. This would be a negative in the profit and loss column. Mr. Mosher stated that Home Depot is only asking to conduct the seasonal sales during the "peak" demand time. Ms. Savage stated that she understood that, but Home Depot was asking for that to occur every year. Mr. Saba asked if it was correct that the City does not allow fertilizers and pesticides be stored outside, even if it was covered. Ms. McPherson stated that was correct. Mr. Taber stated that Home Depot would be flexible and keep potentially hazardous items in the building to reduce their environmental impact. _. Mr. Saba stated that the Commission was concerned about the environment and would like to limit possible contamination from pesticides, herbicides and other like products. Mr. Kondrick stated his concern was placing the structure in the parking lot. The parking lot was designed for a certain number of parking spaces. He was concerned by the loss of parking. Mr. Mosher stated that Home Depot originally proposed a third building in the northeast corner of the development. Home Depot conceded this area to parking and therefore they have 86 spaces extra. Even with the temporary garden sales structure, there still is an additional number of spaces. 1.06 PLANNING CON�IISSION MEETING, JUNE 18, 1997 PAGE 7 Ms. Savage asked if bags of topsoil just outside of the garden center would be permitted. She stated that Lyndale Garden Center stores its topsoil outside of its fence. She asked if this was permitted. Mr. Hickok stated that that is not permitted. No garden sales are to occur outside of the confines of the garden center. Ms. Savage asked for similarities or differences between the Home Depot and Wal-Mart requests. Ms. McPherson stated that the Wal-Mart store is required to sell their garden materials either in the store or in the enclosed garden center area. There have been several occasions where the City had to remind Wal-Mart of those requ�rements. Ms. Savage asked if the City allowed Wal-Mart to temporarily sell merchandise in the parking lot. Ms. McPherson stated that the City granted a temporary seasonal sale in 1993. They sold plant material_s and bagged items such as topsoil and landscape rock and.bark, but no fertilizers were allowed outdoors. However, t�at was only for one year. Staff required Wal-Mart to expand the permanent garden center, which they did in 1994. � Mr. Kuechle asked if the Wa1-Mart garden center had a roof over it. Ms. McPherson stated that it did not, however a portion of it had a screening structure and that they do erect a hoop house each year. Mr. Hickok pointed out that Wa1-Mart was allowed a parking lot sale in 1993 with their commitment to expand the permanent garcien center. Wal-Mart also experienced difficulty in merchandising when they first came to Fridley. Merchandise would be stored outside in dropped trailers. Wal-Mart constructed a permanent screening enclosure in the rear of the store to screen this merchandise. Outdoor storage and display at Wal-Mart are not permitted. • Mr. Kuechle asked if there was the possibility of a five year approval on this type of outdoor sales request. Ms. McPherson stated that would be within the City's ability to place a time limit on such a request. Mr. Hickok stated that it would be very important for the time 1.07 PLANNING COMMISSION MEETING, JUNE 18, 1997 limit to be tied to a performance evaluation. PAGE 8 Mr. Saba stated he had a concern with past performance with Home Depot. A stipulation was approved with the original special use permit to not allow outside storage and display, but yet now there is a request for additional outdoor display and sales. The City had a difficult time getting Home Depot to remove their outdoor displays of inerchandise. He wondered what kind of enforcement would the City have if the request for temporary seasonal sales was approved. Mr. Hickok stated that was a concern o.f staff as well. FIe stated tha'.t a recent inspection showed that outdoor storage, display, and sal'es are happening now at this site. He is concerned about follow-up enforcement and adherence to stipulations that have already been placed on this property. Mr. Saba stated that it would be wiser for the City to seek performance first and then approve additional activity than to approve the activity and seek compliance later. Mr. Taber stated he has a clear understanding of how the City feels�and has every intention of following the City's regulations. He stated that when he first arrived at the store, it was a mess both inside and outside. He stated he would be happy to listen to any issues or concerns the City may have. He was unable to commit to a specific length of time. Mr. Saba stated .that the Commission was somewhat embarrassed by the performance of Home Depot after the.Commission had fought long and hard over �the objections of staff and the neighbors to approve the project. This approval was based on commitments made by Home Depot corporate representatives. Mr. Mosher stated that he was involved in the earlier approval process and that Home Depot is a young company that is still evolving. He stated that the original stipulations committed to by the real estate departments were not communicated well to the store managers. Mr. Taber stated that when they are allowed to have merchan�dise outdoors, they can become very aggressive. It almost becomes a carnival-like atmosphere with children building birdhouses or planting trees. Ms. Modig had a question about parking spaces. She stated in the staff report it stated that a significant amount of parking spaces would be occupied by the structure, but by the petitioner's figures the parking would be more than ample. It is a 1.08 PLANNING COMMISSION MEETING, JUNE 18� 1g97 ' PAGE 9 contradiction to each other. Mr. Hickok stated the parking that would be impacted by the proposed garden center area is four rows at 220 feet, with parking stall width of ten feet, that would be 22 stalls times four, which is eighty eight stalls to be taken away. He agreed that there is a lot of parking, however, there is an open parking arrangement with PetSmart to the north. He stated it is a combination of issues that concerns staff and not merely numbers of stalls. Staff is concerned with the appearance of the after thought of the garden center in an area that was originally dedicated tn parking. MOTION by Mr. Kondrick, seconded by Mr. Kuechle, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Savage stated that she had a lot of concerns regarding this request., She was concerned about the precedent the Commission would be establishing if they approved this.request. They would open the flood-gates to future seasonal parking lot sales. Ms. Sayage stated that there has been an effort to improve Fridley's image, and that outdoor parking lot sales are the direction the city wants to go. She was pleased that Wa1-Mart was required to integrate their sales into the building. Mr. Kondrick stated that the staff report mentions other communities where Home Depots are located. Not one community allows the request being asked by the petitioner. He questioned why Fridley was being singled out. He stated that if the Commission approved the request, no outdoor storage of chemicals should be allowed. He concurred with Ms. Savage's commer�ts. Mr. Saba stated that the commitment made by the store manager should be the commitment made by the CEO and in the mission statement to respect community rules, regulations, and requirements. He stated that he was concerned about what would happen in the future. He would vote no until he could see some performance and commitment by the corporate level to the -" agreements previously made. Mr. Oquist stated that he agreed with Ms. Savage's comments regarding precedent. He was also concerned with the fact that the Commission was being asked to approve something today that would not be implemented until next year. He too would like to see improved performance and commitment to �revious stipulations prior to granting additional activity on the site. The time frame for 1.09 PLANNING COMMISSION MEETING, JUNE 18, 1997 PAGE 10 this year is gone. Ms. Modig stated that she agreed with the comments of the other commissioners. She stated that this request is contrary to what the city is trying to accomplish. Nothing from past history supports the commitment the new store manager has made tonight. MOTION, by Mr. Kondrick, seconded by Mr. Saba, to recommend to the City Council denial of Special Use Permit request, SP #97-02, by Home Depot USA, to allow nurseries or garden centers which require outdoor sales and storage on Lot l, Block l, H�me Depot Eridley Addition, generally located at 5650 Main Stree't N.E. UPON.A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. DISCUSSION OF 1997-1998 COMPREHENSIVE PLAN PROCESS Ms. McPherson stated that the City is required to update it's Comprehensive Plan by December 31, 1998. To that end, the City Council and Planning staff have agreed upon a process to involve resident input in the Comprehensive Plan process. Ms. McPherson stated the City has been divided into seven planning areas, and the Planning Commission will conduct a planning area meeting for each area from now until December 31, 1997. The first planning area meeting will be conducted at the Ju1y 16, 1997 Planning Commission meeting. Prior to the planning area meeting, a citizen survey will be mailed to the residents within each planning area to gather input for the purposes of discussion at the meeting. Ms. McPherson reviewed the questions on the citizen survey. Ms. McPherson stated that once the planning area meetings have been completed, the Commission will begin work on reviewing the existing Comprehensive Plan to determine if the goals, objectives, and policy stated in the 1980 Plan are pertinent for the City during the next ten years. A second set of planning area meetings will occur in 1998 to review the comments gathered, the new goals and policies established, and the overall vision for the �ext ten years. Ms. McPherson asked if there would be any scheduling conflicts. Commissioners Savage and Kuechle indicated that they would be absent for the August 20, 1997 meeting. Ms. Savage asked if all the residents in the area would be 1.10 PLANNING COI�IISSION MEETING JUNE 18 1997 PAGE 11 contacted. Ms. McPherson stated that would be correct. Mr. Oquist asked when the first survey would be mailed. Ms. McPherson stated the first mailing would go out June 27, 1997. Mr. Kuechle asked to see a copy of the survey form. The survey form was passed to the commission members. Mr.. Oquist asked if business owners could respond even if they were not residents. Ms. McPherson stated yes. Mr. Saba suggested that staff ask about more general problems in their neighborhood. Mr. Oquist suggested .asking parallel questions about the neighborhood and the city. Ms. McPherson stated that the purpose of the survey was to determine issue areas as opposed to site specific complaints. Ms. Modig asked about the Values First Neighborhood Signs. Ms. McPherson explained the Values First Program. Mr. Saba suggested that a Values First banner should hang behind the Council bench. Mr. Oquist asked why staff is using essay versus ranking question: Ms. McPherson stated that the City Manager will be doing.a ran�ing survey in the fall. The essay questions allow the residents to be more expansive and to determine what is important to them. In a ranking survey, staff would need to determine what were the important questions to ask. 3. VIDEO PRESENTATION OF 1998 GOALS & OBJECTIVES Ms. McPherson stated that Barbara Dacy, Community Development Director, for the June 2, 1997 City Council Conference meeting regarding the 1998 budget prepared a nine minute video presentation regarding the Community Development Department's 1998 Goals & Objectives. Ms. McPherson stated that staff felt the Planning Commission would 1.71 � PLANNING COMMISSION MEETING, JUNE 18,'1997 PAGE 12 be interested in reviewing such a video and is prepared to present a video this evening. The Planning Commission watched the video presentation regarcling the 1998 Community Development Department's Goals & Objectives. Mr. Kuechle asked what a Point of Sale Ordinance was. Ms. McPherson stated that a Point of Sale Ordinance would require all homes to be inspected at the time of their sale. The ordinance may require reporting only, correction of hazardous items only, or correction of all items noted as deficient. Mr. Saba stated that the video indicated development of a city brochure. He indicated a good example of a city brochure would be Maple Grove's city brochure. 4. RECEIVE THE MINUTES OF THE HOUSING & REDEVELOPMENT AUTHORITY MEETING OF MAY 8, 1997 MOTION by Mr. Oquist, seconded by Mr. Saba, to receive the minutes of the Housing & Redevelopment Authority meeting of May 8, 1997. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. RECEIVE THE MINUTES OF THE ENVIRONMENTAL QUALITY & ENERGY COMMISSION MEETING OF MAY 20, 1997 MOTION by Mr. Saba, seconded by Mr. Kuechle, to receive the minutes of the Environmental Quality & Energy Commission meeting of May 20, 1997. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. RECEIVE THE MINUTES OF THE APPEALS COMMISSION MEETING OF MAY 28, 1997 MOTIOI� by Mr. Kuechle, seconded by Mr. Kondrick, to receive the minutes of the Appeals Commission meeting of May 28, 1997.� UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARFZIED UNANIMOUSLY. ADJOURNMENT MOTION by Mr. Kondrick, seconded by Mr. Oquist, to adjourn the meeting. 1.12 PLANNING COMMISSION MEETING, JUNE 18 1997 PAGE 13 UPON A VOICE VOTE, ALL VOTING AYE� ;CHAIRPERSON"SAVAGE DECLARED THE MOTION CARRIED AND THE JUNE 18, '19g7 `1tiL�1�,1�iNING C0�lISSION MEETING ADJOURNED AT 9:28 P.M. Respectfully submitted, ,. �� i �`� � �f"��; � � ��fi � %.�l `�� 1 %�( i. ; Michele McPherson Staff Liaison to the Commission 1.13 S x G N— IN S H E E T PI.ANNING COMMIggION .MEETING, Wednesday, June 18 ,] g g 7 1.14 . � ;, ■ CITY OF FRIDLEY PROJECT SUMMARY DESCRIPTION OF REQUEST: - - George and Wally Klus representing W. W. Klus Reaity, Inc., have requested a variance to ; increase the maximum squa�e footage of a sign from 80 sq. ft. to 130 sq. ft. for the property at 7920-7990 University Avenue. While not requested, staff determined that a variance will also be needed to reduce the required sign setback from 10 feet to 0 feet. If approved, the existing 160 (8 ft. by 20 ft.) sq. ft. sign would be reconstructed. STATED HARDSHIP: See attached letter dated May 28, 1997. SUMMARY OF ISSUES: The existing sign received a variance and permit in 1985.- The variance was to increase the maximum size to 160 sq. ft. and to reduce#hs setback to O ft. and had three stipulatiQns: As the sign is being reconstructed to a smaller size {130 sq. ft.) by the petitioners,�this is an opportunity to bring the sign into compliance, both in terms of size and setback. Staff required the variance since the petitioners were not bringing the sign into compliance. Adjacent I properties' signs comply with the ordinance requirements. The four conditions required to be �, met in Section 214.21.02 have not been met by the petitioners. RECOMMENDATION TO THE APPEALS COMMISSION: Staff recommended that the Appeals Commission recommend denial of the request. APPEALS COMMISSION ACTION: The Appeals Commission voted unanimously to recommend approval of the request to the City Council with the following stipulations: 1. No additional pylon signs to be allowed on either of the two parcels. 2. If the pa�cels are separated at a later date, the sign must come into compliance. _ � 3. The City is relieved from all liability caused by the sign being located in its proposed position and overhanging the boulevard. CITY COUNCIL RECOMMENDATION: Staff recommends that the City Council concur with the Appeals Commission action. If the Council desires, it could add the attached conditions to the above stipulations. 2.0 i A. The sign is alter.ed in any way, exce�:• for routine maintenance and change of inessages, which makes ;- sign less in compliance with the requirements of this Chapt�,: than it was before the alterations. B. The supporting structure of the sign is replaced or remodeled. C• The face of the sign is replaced or remodeled. D• The sign becomes dilapidated or damaged and the cost of bringing it into compliance is more than fifty (50$) percent of the value of said sign, at which time all of the sign and itg structure be removed. - E. Notwithstanding subparagraph (A) above, upon the change of the name of the business being displayed on this sign. At such time, the owner of said sign will have three.(3) months'to obtain a sign permit and constuct a sign which meets all requirements of this Chapter or, obtain a variance f<•; any new or existing sign which does not meet all requirements of ;� (Ref, 837) -. Chapter. ,� - 17/88 2.�2 214-17 Project Summary VAR #97-08, W. W. Klus Reaity Page 2 PROJECT DETAILS Petition For: Variances to: (1) increase the maximum area of a sign from 80 sq. ft. to 130 sq. ft. (2) reduce the sign setback from 10 feet to 0 feet Location of Property: 7920-7990 University Avenue N.E. Legal Description of Property: Lots 4-8, Block 3, University Avenue Industrial Park Size: Topography: Existing Vegetation: Existing Zoning/Platting: Availability of Municipal Utilities: Vehicular Access: Pedestrian Access: Engineering Issues: Flat Trees, sod C-2, General Business, University Industrial Park 1981 Connected University Avenue West Service Road University Avenue bikeway Comprehensive The Zoning and Comprehensive Plans are consistent in this Planning Issues: location. - � Public Hearing Comments: To be taken 2.03 Project Summary VAR #97-08, W. W. Klus Realty Page 3 ADJACENT SITES: WEST: Zoning: M-9, Light Industrial Land Use: M-2, Heavy Industrial SOUTH: EAST: Zoning: C-3, General Shopping Zoning: Unknown NORTH: Zoning: M-1 Light Industrial Site Planning Issues: REQUEST: Land Use: Land Use: Land Use: Industrial Multi-tenant retail Spring Lake Park Multi-tenant industrial George and Wally Klus, representing W. W. Klus Realty, Inc., have requested a variance to increase the maximum square footage of a sign from 80 sq. ft. to 130 sq. ft. for the property at 7920-7990 University Avenue. If approved, the existing 160 sq. ft. sign would be reconstructed. SITE DESCRIPTION/HISTORY: The subject property is located at the intersec#ion of 79"' Avenue and the West University Avenue Service Road. The property is zoned C-2, General Business District. Located on the property are finro multi-tenant buildings 1 • 7920-7954 University Avenue 28,800 square feet Constructed in 1982 2, 7956-7996 University Avenue 24,145 square feet Each building is constructed of a combination of masonry block and brick. The landscape is typical suburban commercial with sod, shrubs and trees. . In 1985, the City granted a variance to the then owner, Gerald Paschke. This variance increased the maximum size of the sign to 160 sq. ft. and reduced the required setback of a sign from 10 feet to 0 feet. The sign, however, overhangs the property line by approximately two feet. Three stipulations were conditions of approval: 1. No additional pylon signs to be allowed on either of the two parcels. 2.04 Project Summary VAR #97-08, W. W. Klus Realty Paqe 4 2. If the parcels are separated at a later date, the sign come into compiiance. 3. The City is relieved from all liability caused by the sign being located in its proposed position and overhanging the boulevard. ANALYSIS: Code Section Section 214.11.02.B of the Fridley Sign Code requires a maximum size of 80 sq. ft. in area per development for free-standing signs �__ Public Purpose served by this requirement is to contro! visual pollution by eliminating large and excessive signage. - The existing sign received a variance and. permit in '1985. The variance was to increase the maximum size to 160 sq. ft. and to reduce the setback to 0 ft. As the-sigrr is being � reconstructed b the etitioners, it_is.an o �' Y p pportu�ity to br�ng the sign into compliance, both in terms of size and setback. The four conditions required to be met in Secfion 214.21.02 have not been met by the petitioners: _ - The petitioners are proposed to reeonstnrct-the-sigr�, red�cing tMe s�gn �o-43E}sq :-ft:= -� -. _ (6.5. feet by 20 feet). The sign would be canstructed using the existing poles. The-sign -:� -` �- �_ code allows one si n er street #innta -- ="' �� 9 P ge with a rnaxirr�u� o��sq.�:-p�r�eveloprnent Prior to granting a variance.from the literal provisions of Section 214.21.02, four conditions must be met by the petitioners: A. That there are exceptional or:extraordi�iary eircumstances-applfc�l�'�t�•� ' "' ``�=- `. _ ; . . _, . , _.� , ,_. -:--? - - <.., the property oc:to_ the intended use that do�not �p�i��enera(iy to `o`tfi�� - � property in the same vicinity and district. _ The subject property contains two multi-tenant buifdings:�Th� truildings-located fo . : - - -r ;....-�- .-_,.- . : the south and north are multi-tenant build'rngs -=Tfi� buifd�ngs�to �tf�e �nor�h, � however, are more industrial. The buildingto the south is commercial and has � one 80 sq. ft. pylon sign which is dedicated�the�prim�ry-��e�narif. �Offier°pyfon �� . signs in the vicinity located in Fridley do not exceed the 80 sq. ff. requirement I, and meet the setback. ' B. That the variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and district, but which is denied the property in question. 2.05 Project Summary VAR #97-08, W. W. Klus Realty Paae 5 The subject property has both pylon and wall sign opportunities. Tenants in both buildings have an opportunity to utilize wall signage in order to provide identify and visibility of their locations. The pylon sign was previously utilized to identify major tenants, primarily Water Bedroom, which recently vacated the front building. There is an opportunity on site to comply with the setback without greatly affecting visibility (see later paragraph). C. That the strict application of the Chapter would constitute an unnecessary hardship. Strict a.pplication of the Chapter would require reducing the sign to 8Q sq., ft. and relocating the sign 10 feet from the property line. Reducing the sign may eliminate individual tenant names from the sign, the center itself could have larger #ext providing better identification which may aid in marketing their sites. Staff has proposed an alternate location for the sign which would meet the setback requirement and provide visibility from University Avenue. This - proposed location would utilize an existing parking stall at the front of the building. There is adequate room to replace this sta8 south of the proposed sign location. In addition, the sign height could be increased an additional 5 feet providing improved visibility to traffic on University Avenue. D. That the granting of the variance would not be materially detrimental to the public health, safety, or general welfare, or detrimental to the property in the vicinity or district in which the property is located. Recent sign variances along University Avenue within the last five years have been denied. These variances include the Freedom Station at University Avenue and Osborne Road (size) and the University Business Center at 7190 University Avenue (setback). Bob's Produce/Lyndale Garden Center was granted a variance; however, this variance was to 120 sq. ft., 10 feet smaller than the petitioners' proposed sign. Denial of the variance aids in reducing visual pollution and would provide consistent sign sizes along this section of University Avenue, as other properties' signs comply with this requirement. RECOMMENDATION TO THE APPEALS COMMISSION: Staff recommended that the Appeals Commission recommend denial of the request. APPEALS COMMISSION ACTION: The Appeals Commission voted unanimously to recommend approval of the request to the City Council with the foilowing stipulations: 2.06 Project Summary VAR #97-08, W. W. Klus Realty Page 6 1. No additional pylon signs to be allowed on either of the finro parcels. 2. If the parcels are separated at a later date, the sign must come into compliance. 3. The City is relieved from all liability caused by the sign being located in its proposed position and overhanging the boulevard. CITY COUNCIL RECOMMENDATION: Staff recommends that the Citv Council concur with the Appeals Commissi�n action. If the Council desires, it could acld the attached conditions to the above stipulations. 2.�7 W. W. K1us Realty, Inc. � ' Retail Real Estate Specialists Suite 112 • 5100 Eden Avenue • Minneapolis, MN 55436 • (b12) 922-2560 • FAX (612) 922-2927 Ma�� 28, 1997 Cit�� of Fridley G431 University� A��c. Fridlc� , MN i i�32 RE: Sign Variances; per Section 214.21.02 of the Citt Code For Uui��crsitt� Center I& II � 7�20-79I0 llniversiiy A��c. Fridle}-, M'_vi �5432 1'a Whom 1t Ma�� Coi�cern: This letter is in referenc;e to the above Citt- Code and the artached application for a sign �-ariance at;7920-7990 Uni�ersity Ave., Fridley, Mimiesota. This sign ��ariance request is to r�p(ace a current pylon si�i ojl this site. 1t is �mportant ('or the occupants of these hi�o Centers to have sia to this property from Ihiiversity: A person going north on n� e sitytwould ha e to either rneleft on 81 th St eet or Osborne Sirect and use the east frontage road to get to the Center: A person tra��eling south on Universit_y� can turn right ou 81th Street or 79th Street and use the east frontage road to get to the Ceutet The current p�•lon sign dces not advertise the Cenfer ��ell or properl�-. It is hard to see and read. 71ie rear buildin£, Phase.Ii lias no siie lu�e to Universit�� Ave. Since this Center ��-as built, the use has changed froL� a retail provider to a business, oflice, showrc,om, �� arei�ouse complex We need a ne�� pylon to distii�uish the iise. These are the e�ceptional and eatraordinary circumstances for replacing the c.urrent pylon sign. Other properties in the area are allo�ved signage which allo�vs them to accuratel3� depict the use of the Center. Not allo�i�ing us to change tlus py�lou sign would not allow us to accurafely depict the usage of the Center and be detriinental to lhe Tenants and ownersliip. 1 aiu not in agreement that a sign variance is needed for this project since there is currently a pylon sign. The current o�vnership and ii�anagement hegan operating the Center when it �vent through a receivership and foreclasure procedure. It �s�as ow• understanding, at that time, the pylon sign has been there since lhe bui(ding �ras constructed and had beeu appro� ed. To not allow- the Center to replace the p��(on with one of like size ��-ould create a hardship on the current and fuhu-e Tenants. It ��ould also tnake the Center much more dif�icult to lease since Tenants ��rould noi be allowed signage on the road. The potential increase in vacancy �vould create a hardship for aii�� o�ier to fuiancialh� have a ��iab(e Center, aiid for the Tenants to obtain the le�el of success necessary to be profitable and successful. I ask that the Cit_y- of Fridley grant our Variance so �ve can continue to markct and promote our Center to the ublic and busi�less conununitv and to assure the success of the Tenants and o��ership. Please contact me if vou ha �e aii� c�ueslions. Tiiank ��ou for your tilue and considcratioii on this uiatter. - - Si►icerel}�, ��.�f -. Georgc t�'. Klus Properh Managcr Cor Angeles Mort. [ncestnicnt Trust Enciosur�s �� /��Member of intemationai Council ��9 �nters Site Selection • Asset Management • Inv perty Brokerage • Property Management � � � 1 � � � 87 AVE PE WFl N i �awnrrE � � � i � � � 78AbE'E � 7BA�E/�E - _ � �:r �± �. � �`t '-: � �� _ �_. _ $ - ; � - ; � , � r �_. � � � _, � ��` � �� , ��- = :� y � � � - i � -:� � � � : � ._ � _ _ �` � , ; -� � -r .�= �z: zo��s o�«,s: , _ . .. _..I i . � .'."- -- . _ �.. '. , 4>- -__ � : i ..-� - � o�z - r� F�y � VAR #97-08, 792Q7990 Univ�ersity Avenue A - o �-3 -� �� I 0 rt a- nnoa� f+o� � z,asrs� - ?uo - parc,ed urrt De�elo�xner�t 0 S' _"''� �'` ��'�''°°d This request, by Walter & George sz - �developr►,ent Distria o G2 -� �„� M4us, is to increase the size of a �� ''�°"� `'� � G3 - Gencral Stapping on si n from 80 �'�"� ��^� �� py� g square feet to �"""' �' �°^�"� � cR, - c�erai o�ce anoes aciopted and effecfire as oF v17i�s7. o�� -�� 130 square feet. If approved, the i ��3 -�� ,,,,,�. existing sign v�uld be rebuilt. 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CITY COUNCIL Fridley, MN 55432 ACTION TAKEN NOTICE November 7, 1985 On November 4, 1985 , the Fridley City Council officially approved your request for variance requests to reduce the minimum distance of a sign from any property line from l0 feet to 0 feet; to increase the maximum square footage of a free standing sign from 80 feet to 160 feet on Lots 4, 5, 6, 7, and 8, Block 3; University Industrial Park Addition, the same being 7970 University Avenue NE with the following stipulations: 1. No additional pylon sign to be allowed on either of the two parcels. 2.. If the parcels are separated at a later date, the sign must come into compliance. 3. The City is relieved from aTl li�bility caused by the sign being�located in its proposed position and averhanging the bouleVard. If you have any questions regarding the above.action, please call the Planning Department at 571-3450. Ci rnrcl � n..... y u�n� - ��e�/ James L. Robinson Planning Coordinator JLR/dm Please review the noted stipulations, sign the statement below and return orre copy to the City of Fridley Planning Department by November ��:, 1985. ? � i , ,f i ' �, "� �. ` L.. c� , ;j � Concur with action taken 2.13 COUNCIL ME�TING OF rpVE�,ER 4. 1985 �2 • �NSIDERATION OF A VAI2I'ANCE REpUF'�T � �.,�E T� �I�7 SOUARE F'0(7rAGE OF A FREE STAI�IDING SIGN � ALIAW PIACEMENr OF �10 PANE ON Tf� EXISTING PYI,ON 765-769 53RD AVENUE IV,E, By rpRM g%JDY: Mr. Flora, Public Works Director, stated this is a request from Pickwick Books to increase the maximun square footaqe � a free standing sign fran 80 square feet to 120 square feet to allow the placement of two 20 inch by 11-1/2 feet panels on the existing pylon sic�. Mr. Flora stated the hardship was that the �operty and building are located at an elevation which is located below the main thoroughfare (Central Avenue) and that visibility is almost r,onexistent. Mr. Flora stated the plao�nent af these tzao panels on the existirr� sign is to identify two tenants of the building, Cost Cutters and Mr. Tax of America. Mr. Flora stated the Appea.�s C,o�ission reoonanended apprwal af t1-ie variance request with several stipulations, which he outlined. P'�'I'ION by Councilman Goodspeed to grant the varianoe to increase the maxim�m sc3uare footage af a free standing sign from 80 square feet to 120 sguare feet to allaa placement of two 20 inch by 11-1/2 foot Fanels on the existing pylon at 765-769 53rd Avenue N. E. , with the following stipulations: (1) the addi ti onal 40 square f eet to be all aaed f or two addi ti onal tenants at 20 s�uare feet �r tenant, as long as there are two tenants in the building. If either af the two tenants should move out, the square footage will be r�cea b� 20 square feet; and (2) the 80 square foot sign to remain for Pickwick Book Store. 7f, for any reason, Pickwick Book Store should move, the 80 square f-oot sic�age for �e r�ew tenant wi11 be reduced to 40 sc�uare feet, making the total square footage or signage, with a' maximwn of two additional tenants, to not exceed 80 s�uare feet. Seconded by Councilman Schneider. Up�n a voice vote, all voting aye, I�yor Nee declared the motion carried unatv.mously. Co�mcilman Schneider stated he renenbered appraving the sign plan for this establi�s'hment and asked why this problan wasn't oo,nsidered at that time. Mr. Flora stated the original plan called for sign plans for the twc addi ti onal tenants, but they now real ize they c3on't have enough vi si bi 1 i ty and are requesting additional sic�a9e an the p�lon. A-3 . C1pISS IDERATION OF A VARIANCE ST � RIDUCE THE MINIMUM DISTANCg OF A SIGN FROM ANy PRQPFyR`I'Y L,INE FR(1M 1 n �t�cm .m n .,.,,,.,. ...,.. ------ - - — ---..... ..� .�,_u�� rr�x.tltlt,• -- Mr. Flora, Public Works Director, stated this is a request for a variance to reduce the minimun di stance � a si gn f ran ar�, property lir�e f ran 10 feet to 0 feet and to incre�se the maximun 9quare footage of a free standing sign fran 80 square feet to 160 square feet at 7970 University Avenue N. E. -10- 2.14 CWNiCZI. 1��ING OF NOVII�E'.R 4, 1985 Mr. Flora stated the petitio�ner def ined his hardship as he would 1 ike to have one nioe sign in plaoe o� four snaller a�es to give tenants in the rear o� the building sicysage arid visibility fran University Avenue. He stated Mr. I�sc�ke would also like to use the existing base as one of the post sup�rts for the new siqn. Mr. Flora stated the Appeals Conmissian failed to approve the variance as there was a tie vote. Mr. i�sc�ke, the petitianer, submitted a picture c� his proposed 160 square f oot si c� . Co�cilman Schneider questioned if an 80 square foot sic� would be permitted for �a single developnent. Mr. Herrick, (�ty Attorney, stated if you look at the literal language of the ordinance whid� states an 84 square foot sign pex develognent versus another area o�f the ordir�noe which states you can have one sign for each street frontage, he felt there are streets on all three sides of this proper ty . Mr. Herrick felt the City would be hard pressed to say this wasn't two different developnents. He stated it was �npleted at two different times, but awned by the same oorporation. He statec3 there was no reason you c�oul�'t sell oa�e and keep the other. He stated the oode requires 80 square foot per developnent and instead of two 80 square foot sic�s, in this case, you would have one, 160 square foot sic�. Gbimcilman Sc�neider stated what they are actually doing then is waving the ric�t of a p�lon sicyZ on one develognent in order to get a larger sign on the other developnent. Co�mcilman Fitzpatrick stated if one development was sold off se�rately, you would then have a 160 square foot sic� on one �rt of it. Mr. Herrick thought this oould be handled by having an agre�nent by Mr. Paschke if he was permitted this 160 square foot sicy� at one location, that is all that would be permitted on the two develagnents, and would be enforoeable against him and arn� successor who aans the p�operty. Mr. l�sc�7ke stated the Council approved a sign plan for the development which c�lls for an 80 square foot sicyi � each street. He stated he didn't think that is what the Col.mcil wants or what he wants for this pr-oject. Cbtu�cilman Barnette stated these requests come up over and over again in different degrees. He stated he has argued in favor � a large sicyz as long as they are reasonable and not �attractive and will benefit Fridley. Cbuncilman Goodspeed asked if th�e ordinanoe states 80 square feet per sign per side or a total o� 80 square feet. Mr. Herrick statec7 if you interpret it literally, it is 80 square feet. He further stated, when the Sign Code was adopted, if you had one frontage, you could have one sign; two -11- 2.15 10. 00tINCIL MEETING pF rpVF�ID,F,R 4 1 85 frontages, two signs; arx3 three frontages, three signs. He stated it was his u�derstanding that the sic�s on eac� street were to be the same size. He stated the question is whether it is or�e developnent car two. Coimcilman GoaiSpeed stated he dic�'t think the ordinance was meant to be that fluid so that you ouuld add all the signs together. I�'1r• I�schke stated he �uld p�t an gp square foot sic� on a11 three streets which would make a total of 240 square feet. He stated this has been appraved in his si� pian. He stated this is not what he wants and i s sure not what the Coimcil wants. Co�mcilman Gooc3speed stated if what Mr. F�schke states is true, he would go along with the 160 square foot sign. M�I'ION by Coi.mcilman Goodspeed to grant the vai'iance to reduce the minim�m� distance of a sic� from any property line fr�rn 10 feet to 0 feet and to increase the ma�cimun square footage of a free stan d ing sign from 80 square feet to 160 square feet at 7970 University Avenue, providing Mr. . Faschke a�s�.me total liability for location of this si ever be�me �e 9n and if the two develognents prate entities, the sign has to be removed. Seconded by Coi.uicilman Schr�eider. . Up�n a voioe vote, a11 voting aye, t�yor Nee dec.iared the motion carried unarumously, MOTION by Councilman Schneider to direct the staff to review the Sign Ordinanoe and discuss With the ��issions the useage and sign plans in multi-tenant or large buildin9s• Seoonded a voice vote, all voting aye, Mayor Nee declared�thelmot onc carr �d unanimously, �TI� bY Councilman Schneider to direct staff to � approved si provide a co�zy of an � Plan, where ane e}cists, when they have requests for a variance to the Sic� Ordir�noe. Seoonded by Councilman Goodspeed. Upon a voice vote, all voting aye, Nhyor Nee declared the motion carried unanimously. Mr. Flora;�Public Works Director, stated this is a request t� the East River Road Business Center to place. a pieoe of sculpture on their proFerty at the southeast a�rner. af 53rd Way and the East River Rc�d servioe drive. A'ir. Flora stated the �sculpture is all tmfinished steel and the dimensions are 27 feet ty 27 feet by�30 feet high, ,� �DTI�N bY Councilmar� Fitz�trick\to,apprave the glaoement of this sculpture °n the East River Ra�d Business Center's property. Seconded by Councilman S��l�r- Upon. a voioe vote, a11 voting aye, N'ayor Nee c3eclared the motion carried unanimously. -12- 2.16 ti � APPEALS COMMISSION MEETING, OCTOBER 15 �1985 PAr,E 13 7. COIJSIDERATIO�J OF UARIANCE RE UESTS PURSUANT TO CHAPTER 214 OF THE FRIDLEY CITY CODE T(� REDUCE �THE M�N�M lM �it'c r �.. :.tr_ _ ., . v . IGN FROM 80 SO FT 70 160 SO F� ON LOTS 4 5 6 7& 8 BLOCK 3 UNIVERSITY IhlDUSTRIAL PARK ADDI�ION THE SAME BEING 7970 UNIVERSITY AVENI, (Request by Gerald Paschke, 7970 University Avenue, Fridley, Mn. 55432) MOTION BY MR. BARNA, SECONDED BY MR. BETZOLD, TO OPEN THE PUBLIC HF.ARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING OPEN AT 9:00 P.M, Chairperson Gabel read the Admini�trative Staff Report: ADMI�dISTRATIV� STAFF REPORT 7970 University Avenue N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Sectio.n 214.12.26 restricts the maximum to eight (80) sQUare feet in total free-standing sign area per development. Public purpose served by this requirement is to contro1 visual pollution and excessive use of signs in comnercial areas. Section 214.12.2E requires a minimum l0 foot set6ack between free-standing signs and any property line or driveway. Pub7ic purpose served by tFiis requirement is to allow for unobstructed visibility along streets and adjoining driveways. _ B. STATED HARDSHIP: "We would like to do one nice sign in place of four smaller ones to give tenants in rear of building.signage and visi�bilitv',frbm University_A�. lJe would also like to use the existing base as one of the po�t sup4orts. for the new sign.° C. ADMIIJISTRATIVE STAFF REVIEW: The existing sign is 6` x 6' (36 sq, ft.), a four-sided cube, and it is located at the propertv line. - Tfie petitioner would like to chanqe tf�e existing sign into a 160 sq, ft. two-sided sign, witf� the curb side of the sign to hang over the pro�ertv line by approximately 2.5 feet wF�ich would locate the sign 5 feet behind the curb. The property has at least three street frontages. 2.17 . . _ APPEALS COMMISSION MEETING, OCTOBER 15 1985 � � � PAGE 14 If the Comnission approves tf�e variances, the new sign should be placed so that it does not overhang the Citv right of way, or if allowed, the Commission and City Council should state that they approve the sign encroachment over the boulevard. Mr. Cl.ark stated the Commissioners had a pf�oto showing the commercial oropertv. The property consisted of two buildings of which each has multiple tenants-- aPproximately 12-15 tenants. The present sign was constructed 4-5 years ago when tf�e Center was cor�plete and it was improperly iocated. Even if the Appeals Commission and City Council deny tfie variance for the new sign, he would ho�e they wou]d express their desire to relocate the existing sign in the proper location. He stated Mr. Paschke would like to remoµe �he present sign and put up a two-sided sign of 160 sq, ft, advertisina other tenants in the Center, other than just the center itself. Mr. Paschke stated the present sign which says "Jniversity Center" does not serve the center at all. It locates the propertv but it does nothing for the tenants. The sign would only f�ave six names on it for those tenants who have no visible signage already on the building. Mr. Paschke stated F�e was actually allowed an 80 sq, ft. "sign per development, but he chose not to do that. He would rather E�ave one nice 160 sq, ft, sign than to clutter the area with two 8d sq, ft, signs. : MOTION BY MR. BETZOLD, SECONDED BY MR. BARNA, TO CIASE THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CPAIRPERSON GABEL DECLARF.D THF, PUBLIC HEARING CLOSED AT 9:26 P.M. Mr. Barna stated he could sympathize with developers and tenants do need signs to advertise. It was expensive to advertise on television or in newspapers. The Center is allowed 160 sq, ft, in signage--two free-standing 80 sq, ft. signs, so he would go along with saying the Center, the total two-building development, would be allowed one 160 sq, ft, sign equivalent to the two free- standing 80 sq, ft. signs that are allowed. The placement of the sign_did not bother him. Mr. Plemel stated he did not think the distance was any problem. He did not find the sign that offensive. Some signage is necessary, and he would be in favor of the variances. Mr. Betzold stated he did not knoa� the present sign existed until- this matter came up. He had noticed the development and the attractive wall signage but not the sign identifying the Center. Therefore, he did not know how he would notice a new sign. This is a very busy part of University Ave., and it would take a pretty big sign to get people's attention. He did not want big signs to catch attention. It was true ti�e wf�ole Center was allowed 160 sq, ft, in signage but there was no guarantee thai if they limit the Center to one siqn and one development was sold separately that there wouldn't be a request for a second siqn in addition to the one they are beinq asked to approve at this meetinc�. 2.18 . � APPEALS C0�1P1ISSIOP! MEETIWG, OCTOBER 15, 1985 PAGE 15 Mr. Betzold stated that regarding the pronerty line, he did not see anv reason why it should be at zero feet. He could not go along with either variance request, the remedy being--let the petitioner have two 80 sq, ft, signs. Ms. Gabel stated she understood the need for signage; however, she did not agree to the size of the sign, and she was concerned about its placement. MOTION BY MR. BARNA, SECONDED BY MR. pLEMEL, TO RECOMMEND TO CITY COUNCIL APPROVAL OF VARIANCE REQUESTS PURSUANT TO CHAPTER 214 OF THE FRIDLEY CITY CODE TO REDUCE THE MINIMUM DISTANCE OF A SIGN FROM ANy pROPERTY LINE FROM 10 FT. TO 0 FT.; TO INCREASE THE MAXIMUM SQUARE FOpTAGE OF A FREE STA"JDINC SIGN FRO�l 8� SQ. FT. TO ONE 160 SQ, FT, FREE STANDING SIGN FOR THIS DEVE�ppMENT DA 4' S' 6' �� 8' B�CK .�. UNIVERSITY INDUSTRIAL PARK ADDITIO!�', THE SAME BF,INGS 7970 UNIVERSITY AVENUE N,E. UPON A VOICE VOTE, BARNA AND PLEMF.L VOTING AYE, GABEL AND BETZOLD VOTITIG NAY, CHAIRPERSON GABEL DECLARED THE MOTION FAILED BECAUSE OF A TIE VOTE, Ms. Gabel stated tf�is item would go to City Council on Nov. 4. 8. CO�JS ERATIQN OF A VARIANCE RE�UEST PURSUANT TO CHAPTER 205 OF THE FRIDLEY I • 0 16.8 FEET TO THE SAME I��G HERI L E.E. Request� \� ' ,,� r� y i iam emar e, 5 C eri Lane � n. MOTION BY MR. P�'MEL, SECONDED BY MR, BARNA, TO OPEN THE PUBLIC HEARING. � � UPON A VOICE VOTE, �LL VOTING AYE, CHAIRPERSON GABEL DECLARED Tt?F, PUBLIC HEARING OPEN AT 9:30�'�,M. Chairperson Gabe] read tk�e Administrative Staff Report: AD�R,�NISTRATIVE S7AfF REPORT 1 A. PUBLIC PURPOSE SERVED BY RE`�UIREMEN7: Section 205.07.3D.3a requires� rear yard with a deoth of not less than twenty-five percent (25%) of the lot depth with not less than twenty-five (25) feet permitted or more than rty (40) feet required for the main bui)ding. Public purpose served by this requiremel� to be used for green areas which enhance B. STATED NARDSHIP: is to provide rear yard s�ace he neighborhood. "We have no basement and we need tf�e additional ,arage area." 2.19 CITY OF FRIDLEY APPEALS COMMISSION MEETING, JUNE 25, 1997 ROLL CALL: Chai�person Kuechle called the June 25, 1997, Appeals Com 7:30 p.m. / ROLL CALL: Members Present: Larry Kuechle, Ken Vos, T�e Mau Members Absent: Carol Beaulieu Others Present: Scott Hickok, anning Coordinator Michele M herson, Planning Assistant W. W. s, W. W. Klus Realty, 1na. Geo e Klus, W. W. Klus Realty, Inc. J eph Rohe, 632 - 63rd Avenue N.E. on Gilbertson, 6300 Madison Street N.E. ion meeting to order at Ms. 1�1au, seconded by.Dr. Vos, to approve the-Ju�e-11; 't997; appeats � - minutes as written. � ON A VOICE VOTE, ALL VOTING_�4iFE, -CF7A�I�P�ER90i�--K#i�G`��°�?ECI:,aREET °` `"� �' E MOTION �ARRIED UNANIMOUSL'Y. -- ` ` 1. PUBLIC HEARING ONSIDERATION OF VARIANCE REQUEST VAR #97 08 BY GEORGE W. KLUS W. W. KLUS REALTY: Per Section 214.11.03.B of the Fridley Sign Code, to increase the maximum area of a sign from 80 square feet to 130 square feet to alfow the replaeement of an existing pylon sign on Lots 4, 5, 6, 7, 8, Block 3, Unive�sity Industrial Park, generally located at 7920-7990 University Avenue N.E. MOTION by Dr. Vos, seconded by Ms. Mau, to waive the reading of the public hearing notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTiNG AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:33 P.M. Ms. McPherson stated the request is for 7920-7990 University Avenue. The petitioner's request is to increase the maximum size of a sign from 80 square feet ta 130 square feet. While.the original request did not include the setback reduction, staff determined that a variance will also be needed to reduce the setback of the sign from 10 feet to 0 feet. If the request is approved, the petitioner intends to reconstruct the existing sign on the site. 2.20 APPEALS COMMISSION MEETING, JUNE 25, 1997 PAGE 2 Ms. McPherson stated the property is located at the intersection of 79th and University Avenues. Godfather's Pizza is to the south and east. There is multi-tenant industrial to � the north and adjacent industrial to the west. Located on the parcel are two multi-tenant commercial buildings. The property is zoned C-2, General Business. Ms. McPherson stated the existing sign received a variance in 1985 to increase�the size of the sign from 80 square feet to 160 square feet and to reduce the setback to 0 feet. Three stipulations as a condition of approval of this variance are as follows: No additional pylon signs are to be allowed on either of the two parcels. 2. If the parcelc are separated at a later date, the sign must come into compliance �vith the code. 3. The City is relieved from all liability caused by the sign being located in its proposed position and overhanging the boulevard. Ms. McPherson stated, prioc #o the Gity granting �� i�ri�nc� to #�re�ptovisions of the sign - code, the applicant must meet four conditions prior to� apProvat of the variance. A. That there are exceptional -or extraordinary, circumstances applicable -#o the - - � ;,. .� _-_ ro e or to the intended use :that �do =no� °a � � � " �eral � o#heF=� �" ' � � � � � � in the ' _ - - -� - - - P P rtY _ . Pl�Y`�J � � . - . P��. - - , . .. _ . -� ��: :-.;�, � _ same vicinity and dis#ricf. ' -� � Ms. McPherson stated ot#�er signs �a �he. ger�er-ai :�ic�r�r--.tneefi-�tfie---84 ��ia�'e #�� . _ ` - _ . _ ., requireinent including the Godfather's=Pia�a-sign;=tMe=�Nidas-=sigrt-:to=�t�ortheas�,:aiid Y�� °" also the multi-tenant commercial�sign �i=N1�''�'ol1tN��ic"�'�d�veitises` Main �vent: Other . signs in the general vicinity also meet the setback requirement. B. That the variance is necessary for-the preservation and� enjoyment of a substantial . property right possessed by -other pro{i�itj%'in t�� 's�me vici�ity and district, but _ which is denied the property in question: `�`-- � ' Ms. McPherson stated there are both pylon and wall sign opportunities for this particular parcel. The tenants in botfi buildings have�utilized th�eir'opportunity for wall signs. The pylon sign previously was used to identify °the��rr�ain tenant, which was Total Bedroom which has since relocated. The pylon sign could be re-sized to meet the square footage requirement and could be relocated to meet the setback requirement and not affect the visibility of the sign. C. That the strict application of the Chapter would constitute an unnecessary hardship. Ms. McPherson stated strict application would reduce the sign to 80 square feet. The proposed sign is 6.5 feet high x 20 feet wide. This is a reduction from the original 2.21 approval of 160 square feet or 8 feet x 20 feet. In addition, staff has proposed an aiternate location for the sign. The existing sign is located in the boulevard and extends over the property line by 2.5 feet. Staff is proposing that the sign be relocated into the parking area utilizing a parking stall which can be relocated south of the existing line of parking stalls without adversely impacting the sign's visibility or the amount of parking on site. Reducing the size of the sign would limit the text to perhaps only the center's name and would eliminate tenant identification. There is the opportunity to use a parking space for an alternative location which would allow the petitioner to meet tfie setback requirements. D. That the granting of the variance would not be materially detrimentalto�he public health, safety, or welfare or detrimental to the property in the vicinity or district in which the property is located. Ms. McPherson stated recent variances requested along University Avenue have been denied for both size and setback requests. Denial of this request would aid in reducing visual pollution along University Avenue and promote consistency between signs. The most recent granted variance in the last five years was to Bob's Produce and Lyndale Garden Centers for a combined sign. That request was approved to 120 square feet. Ms. McPherson stated staff recommends denial of the request as the four conditions outlined in the code have not been met _by the pe#itioner, and the petitioner has an opportunity to meet the ordinance requirements. - Dr. Vos asked the reason why this variance request was being mad�� Ms. McPherson stated the petitioner wants to reconstruct the existing sign. The sign was damaged in a wind storm. As a result of a major tenant moving, the panels advertising Total Bedroom have been removed. The code requires that any time you have a non- conforming sign and you are changing the name or doing maintenance, a variance must be granted or the sign brought into conformance. Dr. Vos asked what the petitioners options would be if the request were denied. Ms. McPherson stated that if the request is denied, the petitioner has one option which is to bring the sign into conformance with the size and setback requirements. Dr. Vos asked if the petitioner coutd leave the pylon in the existing location. Ms. McPherson stated that if the petitioner leaves the sign in disrepair, the City can pursue other enforcement action to have #he sign removed. Mr. Kuechle stated staff talked about two buildings in that location. Does that mean there is the possibility of two signs? 2.22 APPEALS COMMISSION MEETING JUNE 25 1997 PAGE 4 Ms. McPherson stated there are two buildings on the site; however, they are considered one development. The code allows one sign per street frontage. The maximum size of a sign per development is 80 square feet regardless of the number of buildings. Mr. George Klus stated they do not have a lot of history with this center. The center has been turned over to a mortgage investment company because of the foreclosure a few years ago, and W. W. Klus Realty is now the leasing manager for them. Mr. G. Klus stated the center was first built as a retail center. They have a number of retail tenants at the center across the street at the University Center Phase IV. They have now turned this center into an office/warehouse/showroom center. It v�ill 2ever be a retail center because it was not designed to be a retail center. It does not have good visibility i�o be retail. When Total Bedroom decided they were going to leave the center, they took down the sign that was on the current pylon. The pylon was not damaged. They took the sign down because the tenant was no longer there. They want to reconfigure the sign so they can show that center as what it is. It was never well signed for the tenants that were on the sign. The site is actually two tax parcels. He considers that as two different pieces of land and not one development. At the same time, they are trying to, use the current pole that is there and that was approved, and reconfigure the sign to better depict what is located in the center. The people in the back have very little or no visibility from the street. There is currently no address there. They also want to put as many tenants on the sign as possible. They want to give their tenants some visibility so people can find them when they want to find them. Mr.. G. Klus stated they are trying to use:wF�at they have and reconfigure it to better suit what is in the center. The centec to th�`stsufih is retail. He fias not looked at the parking issue so he is not ready to address the issue of moving the pylon. They want to do the best job they can and make the sign look nice. They are reducing the size of the sign from 160 square feet to 130 square feeY. The tenants deserve and need signage. The site is finro tax parcels with one sign to list tenants and better identify the center as a business center. They would like to move the request as quickly as they can so they do not have a sign that is in disrepair. Dr. Vos asked the petitioner his feeling about moving the pylon. Mr. G. Klus stated he had not given it a lot of thought. The problem is that he would like to look at the parking issue. They do have some tenants now making parkirig tight in some parts of the building. He has had some tenants meetings in the last few months because there has been a shortage of parking. He would hate to see them give up any parking spaces. The type of people that are moving in are doing light manufacturing, office, and warehouse. They continue to grow, and parking is becoming more of an issue. He is also looking at it from a cost standpoint. They have a pole that was approved by the City and they are trying to re-use it. He does not understand that issue because the City at one time did approve the pylon in that location. 2.23 Mr. Kuechle asked how many tenants are in the buildings. Mr. G. Klus stated he believed they have 15 tenants two openings. There is a possibility of a big opening and separating that into finro or three spaces. The size runs about 1,200 square feet and up. Mr. Kuechle asked if they would be able to put information for ali tenants on the sign. There is room for about 14. Mr. G. Klus stated there is room for 14 names. All but the smallest tenants would have their name on the sign. They put up a new sign acros.s the street and are not able to list all of their tenants there. They are trying to address th�t to give them visibility. Mr. Kuechle asked how large the sign was across the street. Mr. G. Klus stated the sign is in Spring Lake Park and is much larger. All they did there was redesign the sign with the same area using the same pole. They are trying to do this the most cost effective way. They have two tax parcels and are looking at a sign of 130 square feet. They don't want two 80 square foot signs and did not feel that would do it justice. They just want to use the one that is there now. Mr. W. Klus stated he thought it very important that the current sign was there when it was given up for foreclosure.� They hired"a srgh com an - � came to the City to make sure that everything was ght They d dnnot�ealize the Thad problems. The rent differential betwe�n office warehause showroom ` and ` re ail is significant. The income for office warehouse shbwrbom is' less 6ecause it does not rent like retail. This is finro buildings. They don't have the option to get a big warehouse in there. They are trying to save money by using what they have. He thought this was grandfathered in. He asked that the commission look at what they are trying to do which is to re-use what is there and to reduce the size of the sign. Mr. G. Klus stated that in looking back at the history, this sign was approved at one time. They did believe it was grandfathered in. They are trying to re-use what they have and make the sign smaller by 30 square feet. They first brought drawings to the City that were the same size as the existing sign. They were told it was too large so they down sized it by 30 square feet. They cannot down size it further if they are going to get more tenants there. They will not then be able to read it. . Mr. Kuechle asked what staff saw as alternatives that the petitioner might use to inform anyone looking for a tenant to tell them where they are. Mr. McPherson stated an alternative would be to have a sign indicating University Business Center and the businesses could indicate in their correspondence or letterhead that is where they are located and provide directions. There are a variety of situations that could be comparable such as East Moore Lake Commons, the various malls, etc. 2.24 APPEALS COMMISSION MEETFNG JUNE 25 1997 PAGE 6 That would reaily be their only alternative. They do not have the oppo�tunity for off- premise signage. Dr. Vos stated part of the difficulty with this property is that there is a building behind. a building. The argument about wall signage is only appropriate for the first building along University and those tenants on the south part of the second building. Those tenants on the north side of the second building do not have the option for wall signage that is visible. At Moore Lake Commons, there is no building set behind a building. This site does have some unique features about restrictions about wall signage because those tenants behind the first building don't really have that option. It is a little different. Ms. Mau stated there is a business certer at 73rd and University. She asked what they had for signage. � Ms. McPherson stated they have one 80 square foot sign that states the name of the complex. The businesses have individual wall signs. Dr. Vos stated in looking at that example all those tenants have visibility from the street. MOTION by Ms. Mau, seconded by Dr. Vos, to close the public hearing. UPON A VOICE VOTE, ALL VOTING_AYE,_CHAIR�ER$ON��KUE�t-(LE =DECI�RED � . THE MOTION CARRIED AND THE pUBE.IC �1�ARMK3-�L�3E�`14`�'-7:35°P:M: � ' '°� ' ' � - � ` � �' - Ms. Mau stated she did not have a problem with. the idea o# putting the-#e�ant names on the sign and making the sign smaller. She does have a probte�m `vu�ti� ��e'�setback. IY is °� ��''`'° very close and comes over the boulevard. She understands the cost factor of moving the pylon but she also understands the uniqueness of that area and the way the businesses are setback. She did not have as much of a problem with the sign being large enough to have the tenants' names on it. Dr. Vos stated he thought there were unique features of the two parcels for which they should consider a larger sign. Wall signage is not appropriate for half of the rear building. If these are two parcels, it says something about finro developments. Ms. Mau stated the two parcels lead you to believe there are finro separate areas. Dr. Vos stated they could have a pylon closer to the second parcel in order to be visible which is more pollution than having one sign of 130 square feet. Mr. Kuechle stated he would concur with what has been said. Because of the uniqueness of the separation of the buildings, he felt there is some need to identify the tenants that are there. He did not see the sign as unnecessarily large for that many tenants. He did not have a particular problem with the setback. He looked at it. He did not know that the lack of a setback creates any particular visual pollution nor did he see it 2.25 as a safety hazard. He did not see a big problem in not making them move the si `n to'be in compliance. Having approved this at one point is certainly an eiement in this si�tua � He would recommend approval. He would recommend a stipulation that the Cit be t�on. harmless. y held MO_N by Dr. Vos, seconded by Ms. Mau, to recommend approval of Var' Request, VAR #97-08, by George W. Klus, W. V1/. Klus Realty, to increase the maxi iance area of a sign from 80 squa�e feet to 130 square feet to allow the replacement of an existing pylon sign; and to reduce the setback from 10 feet to 0 feet, on Lots 4, 5, 6 7 Block 3, University Industrial Park, generaily located at 7920-79g0 Universi Av , , 8, N.E., with the foilowing stipulations: tY enue �� No additional pylon signs are to be allowed on either of the finro parcels. 2• If the parcels are separated at a iater date, the sign must come into � compliance with the code. 3� The City is relieved from ali liability caused by the sign being located in its proposed position and overhanging the boulevard. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLA THE MOTION CARRIED UNANIMOUSLY. RED Ms. McPherson. stated the City Council would consider this request on July 14, 1997. 2- PUBLIC HEARW[;• rrnn�e��►,L,-.�.. __ _ _ BY JOSEPH ROHE: v v�� Per Section 205.07.03.D.(2).(a) of yard setback from 10 feet to 5.9 fE porch on Lot 14, Block 9, Christie N.E. e Fridley Zoning Code, to reduce the side to allow the construction of a three-season �dition, the same being 632 - 63rd Avenue MO_�N by Ms. Mau, seconded by Dr. Vos, t waive the reading of the pubiic hea ' notice and to open the pubiic hearing. ring UPON A VOICE VOTE, ALL VOTING AYE, CH IRPERSON KUECHL THE MOTION CARRIED AND THE PUBLIC HEAR G OPEN AT 8:pp p M DECLARED Ms. McPhe�son stated the request is to reduce the si e yard setback fr feet at 632 - 63rd Avenue. If approved, the petitioner -s proposing to onstruct at to 5.9 season porch attached to the rear of the attached ara hree is a singie family dwelling unit with an attached �o � rLocated on the subject parcei const�ucted in 1957. The property is located on 63rd A n�ue s�lightiy wes�t of,ijV1 d son Street and abuts the Commons Park/ 1 1 A i d d i e S c h o o l c o m p l e . T he property is zoned - Singie Family. R 1, 2.26 MEMORANDUM. DEVE�OPMENT DIRECTOR DATE: July 10, 1997 �� - - TO: ' William Burns, City Manager r,� FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Approve Permit for a Temporary Trailer at 7800 Eim Street N.E. James Graff, owner of J. Graff-&•Assoeia�es; �as�.rbmit�ed-#he�attached trailer permit: -� � -- - :. ,... -., �. � - � for approval by the City Council:��Mr. C�i�f��a� i°eqaested #he trailer�in order to . . ::_ . ,:_: temporarily house his staffanc# offices�vhil�°ti�s°#�u�t�ga#�8�-E��i�is�: 1� �- - : . -�-� -- - reconstri�cted due to storm darxtage.�-IF�:=�r�#Rs�l�uit�� c�'ived' d�mag� to'it� rb��- -�� -'� the evening of July 1, 1997. An examina#iort of the roof structure itself is currently � occurring to determine the extent of the darr�age. The offices; however, cannot be occupied by the employees; therefore;-�!l#t-:�Craff proposes to use a temporary trailer for 60 days until September 1, 1997. RECOMMENDATION Staff recommends that the City Council approve the permit for a temporary trailer at 7800 Elm Street N.E. until September 1, 1997. MM/dw M-97-309 3.01 L1TY OF FRIDLEY INSPECTION 6431 Uni.versity Avenue NE Fridley, t�lN 55432 57;?-3G04� Effective 5/1/95 ,h_1'4?(.�(',�.";'!(}tV_I?()K 3>At��CiN_(,/Q('('.[1PYi�itT _h ��f)_tJtii; `t'k�1€.�:�� Licensing Pe.riod `�1ay lst through .Apr_ i_]_ 30th Location Address : i �l� �(� C ` }/ ` + � V ^ n� �Yi�V ��4J , Landowner & Address :_,,,% (J/'�:f /'f" 'i� f� SSp C `) y�`,,�, f_= "G �zt ` Tel.# .S� ��"-�� Installer: .s��- rG �.� �'� S��L.l�<^.s ��=-.�1� n -,�� Te1. # ya � Address:,�csQ�` f� �S /�-U� ltiJ C�c�ck�� MN LICENSE . Relationship (if any) between Trailer Owner and Landowner:_�,lUl'�.z, DESCRIPTION OF HOUSE TRAiLER � �� o /� c; TRAILEK i•:.�kE • s��-�-�� SIZE •;'v� �1C S C, � � STATE SEAL_ /4'�L's / c;; �.��7 TO BE USED FOR: /�.� Time Period to :be Parked/Occupied:_(9 � C�F',�y S ; T- ATTACH PLO`� PLAN SHOWING TRAILER I,OCATION ON PROPERTy` I� `/ / � If trailer is to be occupied, the following should be attached: l. L•ist of names and ages of all occupants. 2. Faciiities for sewage disposal,.water & electricity. 3. Place of employment of applicant. 4- Is applicant constructing a home in City. Signa�ures of A jo .ii.{� _�..� :,c � y Owners Granting Approval: DATE: � 7�� AppLICANT: r � �� T Te 1# 5 7/`v�:,��=�- ANNUAL FE�- COUNCIL DATE: STIPULATIONS: j, .,�, . l.� .<-��- [ ) Parking Only $30_00 [ [ "� Occupying $75.00 Receipt # LICENSE NO: ` �, 1 ;, /' ' i . ;` r i _ .� . ., � , " 3.02 ; ; '4 / � � �:.�� :.n�=��, �„ �� µ�'�i � � /: J/iri,�; j� �c`' � i )New ;'�[ ]Renewal � [ -�] New [ ] Renewa 1 EXPIRES: � 7{�,'. i � ' ,6 i � � — ---i � �/y��s 7� I O �XIJ'//1�`' L'�� Gos � �- ��,. - -�135..5v -,, � --- - - -io.o.- _- � ;��,�.:,�� `� -- "- P oPOSEV ' Q � 0 �__ � � LfJ{NF, � � O '� ' � � �— - .7o.d I p O , — , � --- � ��-- . :� .. G �Q� —� —'�; �{!.-' --- I a �- - � � "�� Y,\ �Q �\ \� �\ � - \ \�\ �\`�\�'L - - i � --- �`� ` \ �� p � � , � �. �v � , C-� � , G�,,��) r � �--= J� � - - � � i . - . . . 1_._.. - ir ___—_ r��i — — -- — --� � � — — � — ,�� ptapPERTY �4JE � a� _..... I \ - 3� � - -- `` ... . .. ,..�.,.. _��. = . .. ..� ` '\ 1` t 1 � \{ � �� 1 l i � ,] t . ' � \� C � \ .•. _._.. � "`� �� _ . —_.—_.'_—___ I . .. �_'.... �. \ �_ _. __.— —_ _ . _ — —_. _—,� —_ .___- ? � \ � K , \ \� � � O . ' :� `\v - � -. � \ � ' _"" I. � \ �l �� l' q�. i C v �� -. f �� _ � ,: o l� �, . � ; �� i�:,; � � � —� �� - '�1 � - __ - - ------ � -��` _ __ _ _ _ -, J t�:: _ _ _ - � ,� �: �/� . - ; _ I ,FA: ' i, !j� i � . \ � � ---- ; � � \ ✓ --.- .i . � . � : , �, ` . ,z; , . Q,� 1 \ ;I � i ' ---- \ ��` \ +, II � � ;° ; y ' � ; — � - — - � -- -- -- �}. -- -- - ---_ _ :�— � j \\ �, i :. i i s: I_, � �� l. i' _ . z , �. \ -. � � i - . , I � —__ ��.•, , � '` - _ = � - ' � ,�;_ ��.�. •��; �.� •.�.�� '---j ,s ,, ... ..,. , „ ' ,i �. — -- - � ;� � �''� -' I ! - -- - - --- --- I � � _ ^_ , � - - �- - , i _ - ; � � � . I�i �. ,e .- :� . . M ;6:: 3 �. _; _ �� _ ..: _ , _ _ . En9ineenng Sewer Water Parks Sveets Ma�ntenance City of Fridley ORANDUM TO: William W. Burns, City Manager y-� �� PW97-175 , �� FROM: John G. Flora; Public Works Director D�;.TE: July 14, 1997 SUBJECT: Well House No. 1 We have received the plans and specifications for the reconstruction of Well House No. 1 from Short Elliott Hendrickson, Inc. (SEH). � The engineers estimate for the structure is $255,000. The SCADA connection to our system is estimated at $31,785. Our current .budget authorization is .$250,000. Within- the well repair project we have �� achieved a savings of $45,603: - These�.xv��o�ts iit`the`wate� `fuiid are siifficient to cover ��"� '" the estimated cost. As we propose to advertise the project this year for a late fall start to be able to have the building on-line and functional for the next summer season, recommend the Council authorize the staff to advertise the project for award. JGF:cz Attachment 4.01 June 20, 1997 CAPITAL IMPROVEMENT PROGRAM PROJECT AREA ��C�,J��i`' A��A� ,; WATER ��1��; 1997 REBUILD PUMP HOUSE NO. 1 AND WATER UTILITY WELL NO. 1 BOOSTER REPLACEMENT ELIMINATE DEAD END LINE AT ARTHUR TO WATER UTILITY ANOKA ST WELL REPAiR- 10 AND 13 WATER UTILITY REPLACE CHEMICAL ROOM EQUIPMENT AT WELL 13 WATER UTILITY 69TH & RICE CREEK BLVD WATERMAIN. WATER UTILITY REPLACEMENT (400 FT) INSPECT & REPAIR %2 AND 1%2 MG TOWERS WATER UTILITY �� 1998 ELIMINATE DEAD END LINE AT HEATHER PL TO BEN MORE WELL REPAIR NO'S 2, 6& 7 HACKMAN AVE WATERMAIN REPLACE (CENTRAUTENNISON) INSPECT & REPAIR 1%z M STANDPIPE (53RD JOHNSON) REPAIR SHOP & STORAGE FACILITY ��` 1999 ELIMINATE DEAD END LINES HEATHER PL TO KERRY CR HICKORY DRIVE WATERMAIN REPLACE. 69TH WAY - 70TH CiR WELL REPAIR- 8 & 11 * NEW PROJECTS *`RELOCATED PROJECTS TOTAL WATER UTILITY WAfER UTILITY WATER UTILITY WATER UTILITY WATER UTILITY TOTAL WATER UTILITY WATER UTILITY WATER UTILITY TOTAL 4.02 � J i.� N' ✓ _ 250,000.00 � 15,000.00 �r 1- 29,397.00 25,000.00 45,000.00 �i �� 8,000.00 75,000.00 120,000.00 45,000.00 �� : �� 8,000.00 _ 100,000.00 .� �� f 8 QOO.QQ. R$SOLUTION NO. -1997 RESOLUTION AUTHORIZING ADVERTISEMENT FOR BIDS FOR WELL HOIISE NO. 1 WHEREAS, it was determined that Well House No. 1 was in need of repair and code upgrade, and WHEREAS, the project had been identified in the City's Five-Year Gapital Improvement Program, and WHEREAS, SEH was awarded a contract to prepare plans and specifications for the upgrade and reconstruction of Well House No. l. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Fridley in Anoka Minnesota, that the plans.and specifications the Well House No. 1 have been received and are approved, and • BE IT FURTHER RESOLVED that the Public Works Director is authorized to advertise for bids for the reconstruction and upgrade of Well House No. 1. PASSSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 23rd DAY OF JUNE, 1997. ATTESTED: WILLIAM A. CHAMPA - CITY CLERK NANCY J. JO1zGENSON - MAYOR 4.03 � :� DOCUMENT 00100 ADVERTISEMENT FOR QIDS City of Fridley, Minnesota Wellhouse No. 1 and Water Booster Station City Project No. 298 SEH No. A-FRIDL9702.00 Notice is hereby given that sealed bids will be received by the City of Fridley until I 1:00 a.m., Tuesday, July 22, 1997 at the Municipal Center, 643 i University Avenue NE, Fridley, Minnesota 55432-4383, at which time they will be publicly opened and read aloud, for the furnishing of all labor and material for the construction of: Wellhouse No. 1 and Water Booster Station. Major components include: - Building demolition and asbesios abatement - 18-foot by 36-foot masonry building - Well pump motor and accessories - Booster pump and discharge piping - Chemical feed equipment - Motor control center and instrumentation - HVAC - Yard piping and site work Bids shall be on the forms provided for that purpose and according to the Contract Documents prepared by Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive, St. Paul, Minnesota 5� 110, dated June 23, 1997. Bid forms and Contract Documents may be seen at the Fridley Municipal Center, and at the office of the above-named Engineers. Contractors desiring a copy of the Bid Forms and Contract Documents may obtain them from the office of the above- named Engineers in accord with the Instructions to Bidders upon payment of $50.00/Set. Checks should be made out to Shor't Elliott Hendrickson Inc. No refunds will �e provided. Bid security in the amount of 5% of the bid must accompany each bid in accord with the Instructions to Bidders. Bids shall be directed to the City Manager, securely, sealed and endorsed upon the outside wra er "BID WELLHOUSE NO. 1 AND WATER BOOSTER STATION." PP � FOR The City of Fridley reserves the right to reject any and all bids, to waive irregularities and informalities therein and award the Contract in the best interests of the City. to FRIDL9702.00 John G. Flora, P. E. Public Works Director City of Fridle_y, Minnesota Advertisement for Bids 4.04 00700 =1 LOW SYSTEM i � � , . - .--� ;; _.�L .__. . _ _ � � --r�•Ly,r. •��'_�'..,�� :; -" =:i� ��I �iC_ STREET MAP - CITY OF . ' — , ,��: _ `r.��,�' �'Y� I�_ � -��= �. �� ;I� FRIDLEY '� � _�% _ ; -_� �'''��r - ��u ji7 - I '��ii � -� - �r.? � �.•- � � � ��,�,� - �:, � ��3,� � � INTERMEDI E SYSTEM . \ r -- � -:.� _ • \ ' �� ''�zb' ' ; _ '"' -�_ I • • ��6a: �C � • �l � � �--' -� `�;�----=� ^ i�f ' � '='�" _ , �:i - L�I_ , i•1: l�ii�-+; \\ . /;�._m��,. I �� •�� ,_�__;.3.�i--�;-_,�i `- - ' -- _ �- . � dd / i�� !.��,�,� r _..' �t-�� :l' -- . � L, `�J i � a � "---: � I � '� I 'd - �. �� --�--='11 �;11 , --� �r-- . -�-� ,_ � -,(�, : �W,► :,�\ �_ �� .i WELL # 12 BOOSTER --` = -; -,- ` 1 = �.'i�'�l5 �_ �� i .';'\ ��j II � �` ; �� W-=� � �. ° �i N _ �?p,:� .l� �-. �_ � � � �� t1 ^_—�r�. �,� p,�� ,�!; ; ..—. _:; ,f =y--i - ---,�L� --- � _J � , ^ �. w1�-=. _:' E � i � �)} � ( � �, — f --- l �� -- - - __, WELL # 12 � ; �� i ,I � � ' F �' �� _F�. .� ' ° L-�'"—� E"-''-- � ' � �VELLS 10& ��f; __ i �!� _�� ° S I '/-� :�'r • . - - � ��; I � ' �; t�E-�LOCKE PARK ^ _`� � f _ � •� \ f � L��-- `��'� ,.' ` JON PLAt� ��--- , " ,,:.�—. �' �' �T . 1: y- �4�_ t N � L� , ��;�.� � �'u�� %�� —_,:. '�� T,��= _�� " ,/ �,��-�` l !,�� N � L '�� _ J �s ��-1�'� r. � � ,(�� 1• J/' ..� �� bS.r..�-------,.1 . i r_; � � � S �i'\ �' .:.I-��'i� ��Uf=-il ��'�� Z� �./�� -- ,!_�_� � ",l11��L I_'�\ . . � �-..if�.� �' '___ '. !� i, '� � . —�-_--- -- :,,�� 1�:��-_�--- � �,,'-= :�,,:� ��J��; :., �,�� C � ��`�-' .� �_� �'.��,L� � �;, - � � � I - ,�;y � . G'C' "" L � � -- �� _�� _�, �-;s�l \��_= - t�. 9.)...:.�.. j''s _� 63RD AV � ► �' 6l��, �vf; J °.:'�-� ..�a _ � - — .�{-, j ;�;�.' __ BE� � j= ="�!`:�;:,• BOOSTER , ! �� COMMONS�P RK .� ;;�C/L� � ,_ -- �N . � �• �r __ �q�� _.-�_.�..:::-_,-.�_�� + , ` `_> n� ' �,.. -. -- ' TREATMENT PLAfd°� ',�r.��; :� � � • � a ' o --- �� . •. . � I �� _ _ � ,;.-:, 0 � ' � � �°i ... I�� I�I��!�.`�� e�%`l l�l _ �� :� , .t ` : :" ' : ::'-: .� � �: / i�� -- : : cc��... n5:�z,-� .� MARION HILLS BOOSTER STATIDN �`�`�` � ��: / ' .. 1 ]� - � �N ,.: fl , __�-- �—�L N-- �.�9 ---� : ; 1�'-::'.. �,,� „� _- � � . ; , _ �; ' t:� ; � ._ � _ 3 .: — ��. — �.�-.��. �,s:� ,� � WELL # 1 BOOSTER t�' # � •9 - I- -;, i � r� I ;�� __ �, , �, ,�" L� � _ � �� ,�=--.- � � I _ _ , `�'� � _ 1 . _ 'j � � � � ' J'� I•WELL#1 ..�, � � �=- LEGEND HI H SYSTEM � : � __ � � i �_ � _ -- I �\ '� �; . �a':�,,� � ��f1� �, : Q GROUND STORAGE . � , , :>, �l��l �, a- $ � � _ ��E � � .`�,�� ' � - ' �- • ELEVATED TANK —�— � � .�`-� � , ��I ' '__ i � ��`':� - � � BOOSTER PUMP K � 1 ::��' �; =!I! K ; '�3�� ,�':�� WELL i I� .- :�=��,;�,'_ �! , <„ � _( �� _ ;�.� ;�_=�, c� FILTRATION PLANT ' ' .T^�� l � , ,_�::�;�a �� —_4��_._. � ,; ;��= SYSTEM SPLIT � . ..... _;'�j—�' �� FIGURE 7 - � _--- � ( _ _, y _� 1 -' --- - - ------ - - - � CITY OF FRIDLEY M B M O R A N D U M S CITY MANAGER �� TO: WILLIAM A. BURN , :� FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR WILLIAM A. CHAMPA, CITY CLERR SUBJECT: MINNESOTA LAWFUL GAMBLING PREMISE PERMIT APPLICATION FOR MINNEAPOLIS JAYCEE3 CHARITABLE FOIINDATION DATE: JULY 10, 1997 Attached is a resolution approving the application for a Minnesota Lawful Gambling Premise Permit for Minneapolis Jaycees Charitable Foundation. Gambling will be conducted at Main Event, 7820 University Avenue Northeast. Minnesota State Statutes requires the adoption of a resolution approving this type of gambling permit. 5,01 RESOLUTION N0. - 1997 RESOLUTION IN SIIPPORT OF AN APPLICATION FOR A MINNESOTA I.AWFIIL GAMBLING PREMISE PERMIT TO MINNEAPOLIS JAYCEES CHARITABLE FOIINDATION WHEREAS, the City of Fridley has been served with a copy of an Application for a Minnesota La.wful Gambling Premise Permit for Minneapolis Jaycees Charitable Foundation; and WHEREAS, the location of the Premise Permit is for Main Event, 7820 University Avenue Northeast; and WHEREAS, the City of Fridley has not found any reason to restrict'the location for the charitable gambling operation. , NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley approves the Minnesota Lawful Gambling Premise Permit to Minneapolis Jaycees Charitable Foundation. PASSED AND ADOPTED BY THE CI.TY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1997. ATTEST: WILLIAM A. CHAMPA - CITY CLERK 5.02 NANCY J. JORGENSON - MAYOR v � ` CffY OF FRIDLEY 0 BV: LICENSES JULY 14, 1997 uccessful Concept Devel. Wendy Benecasa ain Event 820 University Ave. ridley, MN 55432 uccessful Concept Devel. Wendy Benecasa ain Event 820 University Ave. ridley, MN 55432 ARA Collision and Glass Randall McPherson 501 East River Rd. ridley, MN 55432 maha's Choice Steven W. Wolf 373 E. Old Shakopee Rd. nver Grove Heights, MN 55077 recision Tree, Inc. John Olsen 42 East CRD D ittle Canada, MN 55109 8.01 Approved By: Fees• David Sallman $300.00 Public Safety Dir. David Sallman $3000.00 Public Safety Dir. David Sallman $150.00 Public Safety Dir. David Sallman $ 60.00 Public Safety Dir. Paul Lawrence $ 40.00 Public Works Dir. � � CfTY OF FRIDLEY LICENSES JULY 14, 1997 BLACKTOPPING Asphalt & Concrete Buy Knox 2828 Anfihony Lane S St Anthony MN 55418-3234 GAS SERVICES B & D Plumbing & Heating 4091 Mclver Ave St Michael MN 55376 Hokanson Plumbing & Heating 9174 Isanti St Blaine MN 55449 Marsh Heating & Air Cond 6248 Lakeland Ave N Brooklyn Park MN 55428-2937 Peterson Bros Sheetmetal 4110 Central Ave NE #106 Columbia Heights MN 55421 Roseville Plumbing & Heating Inc 65 S Owasso Blvd St Paul MN 55117 GENERAL CONTRACTOR-COMMERCIAL Access Lifts Inc 3245 Sibley Memorial Hwy Eagan MN 55121 Anderson Construction 1 15 S Elm Belle Plaine MN 56011 Commercial Building Services 13350 Kenyon St NE Ham Lake MN 55304 Tom Knox Bruce Daleiden Mark Palmer Kelly Marsh Randy Peterson Greg Deeb Steve Ma�stad Tim Forslund 8.�2 RONJULKOWSKI Building Official RON JULKOWSKI Building Official Same Same Sarne Same RON JULKOWSKI Building Official Same Same Dolphin Deveiopment & Construction Co Inc 821 Raymond Ave #230 St Paul MN 55114 Niles Schulz Plumbline Builders 7 Ninth Ave N Hopkins MN 55343 G Roger Sirany Rite Way Waterproofing 448 Lilac St Same Same Lino Lakes MN 55014-1054 Charlene Messerich Same Sunram Construction Inc 20010 75 Ave N Corcoran MN 55340 Lee Sunram GENERAL CONTRACTOR-RESIDENTIAL Accent Home & Kitchen Center (6773) 701 West Main St Anoka MN 55303 Duane Jones City Wide Builders Inc (4968) 121 10 61 Ave N Plymouth MN 55442 Greg Kohler Corrective Building Services Inc {20021056) 8892 Wentworth Ave S Bloomington MN 55420 Mark Basiago Grundman Construction 5627 Lannon Ave Albertville MN 55301 Steve Grundman Ives Enterprises Inc (6478) 2945 140 Ave NE Ham Lake MN 55304 Dennis Boisvert Millworks Construction (20062275) 2725 Nathan Ln Plymouth MN 55441 Chuck Miller Moon Roofing (20098632) 3709 Welcome Ave N Crystal MN 55422 Tom Mooney 8.03 Same STATE OF MINN Same Same Same Same Same Same PTL Contracting (5294) 2526 N Ferry St Anoka MN 55303 Plumbline Builders 7 Ninth Ave N Hopkins MN 55343 Theyson Construction (20011251) 2938 Taylor St NE Minneapolis MN 55418 HEATING B & D Plumbing & Heating 4091 Mclver Ave St Michael MN 55376 Hokanson Plumbing & Heating 9174 Isanti St Blaine MN 55449 Marsh Heating & Air Cond 6248 Lakeland Ave N Brooklyn Park MN 55428-2937 Mobile Home Improvement Service 6325 Bailey Trl Inver Grove Heights MN 55077 Peterson Bros Sheetmetal 41 10 Central Ave NE #106 Columbia Heights MN 55421 PLUMBING B & D Plumbing & Heating 4091 Mclver Ave St Michael MN 55376 Hanco Plumbing 5210 Colfax Ave N Minneapolis MN 55430 Hokanson Plumbing & Heating 9174 Isanti St Blaine Mn 55449 Paul Leyendecker G Roger Sirany Art Theyson Bruce Daleiden Mark Palmer Kelly Marsh Rodger Espeseth Randy Peterson Bruce Daleiden Virgil Hanninen Bruce Horbal :1� Same Same Same RON JULKOWSKI Building Official Same Same Same Same STATE OF MINN Same Same JLB Plumbing Inc 2407 Washington St NE Minneapolis MN 55418 Janecky Plumbing 720 Pontiac PI Mendota Heights MN 55120 ROOFING Grussing Roofing Inc 4305 Skady Oak Rd Hopkins MN 55343 James Bjorlin Dave Janecky Don Grussing 8.05 Same Same RON JULKOWSKI Building Official FINAN( ' CITY O TO: FROM: MEMORANDUM � � ;E'DEPARTMENT RICHAI E' ERIDLEY , � F11VA1VC WILLIAM W. BURNS, CITY MANAGER ��li� WILLIAM A. CHAMPA, CITY CHARTER STAFF LIAISON RICHARD D. PRIBYL, FINANCE DIRECTOR QtECTOR SUBJECT: AMENDMENT TO SECTION 7.02 OF THE FRIDLEY CITY CHARTER DATE: July 11, 1997 At the May, 1997 meeting of the Fridley Home Rule Charter Commissio:i, the attached amendment to Section 7.02 of the Fridley City Charter was approved. This amendment is now recommended to the City Council for enactment by Ordinance. At the June 9, 1997 City Council meeting, a public hearing was opened and then continued to July 14, 1997, to allow the Charter Commission Attomey sufficier�t time to review the newly passed Omnibus Tax Bill to determine if any conf�ic#s- exist between the newly enacted tax law and the Charter change. The co�alusior��k�at-�k�e Charter Corr�r�ission A#torney reached .__ -: .._ .. was, "the proposed amendment ;of Section, 7.p2= of .the CharEer_.may. be approved and would govem provided the levy limitations codified� therein do not exceed the__ levy _ limitations authorized by Minnesota Statutes Section 275.71, Subd. 4. As discussed previously; however, the levy limitations imposed by Minnesota Statutes Section 275.71, . Subd.4, must be considered and may supers+ede. th� amended _chatter provision, af_ least for taxes levied in 1997 and 1998:" Based on this information we are bnnging the�Charter - change back to Council for their review. This amendment removes the 16 mill language and replaces it with a Consumer Price Index specific to the Minneapolis/St. Paul metropolitan area. The Charter Commission feels that this eliminates obsolete language while retaining some limits in the area of taxation. RDPIme Attachment 0 1 U.0 1 Public Hearinq Before the City Council Notice is hereby qiven that there will be a Public Hearinq of the Fridley City Council at the Fridley Municipal Center, 6431 Oniversity Avenue N8 on Monday, June 9, 1997 at 7:30 p.m. for the purpose of consideration of the followinq: ORDINANCE NO. AN ORDINANCE AMENDING SECTION 7.02 OF THE FRIDLEY CITY CHARTER The City Council of the City of Fridley does hereby ordain as follows: That the following sections of the Fridley City Charter be amended as follows: CHAPTER 7 TAXATION AND FINANCE Section 7.02. POWER OF TAXATION. l. The City shall have, in addition to the powers by this Charter expressly or impliedly granted, all the powers to raise money by taxation pursuant to the laws of the State which are applicable to cities of the class of which it may be a member from time to time, provided that the amount of taxes levied against real and personal property within the City for general City purposes shall not exceed ��ee�--{-�6 • E�O-��i�6 c �-ti, a �-uu �-6�9 i � ' i ^•�-a�--��- ''� in dollars, a tax lew that is ctreater than the prior vear tax lew increased bv an inflationarv index defined - - - - -� - -- Minneapolis St Paul metropolitan area. (Ref. Ord..592) • ��-�s--��e-�ee�l--€ez '� `' �es--a�s� , �� _■ 10.02 Page 2 -- Ordinance No. . � _a_ f��,�e-�e�e--ei�i-eas�-€e��-4��e� e�s ei t-�ie • . . � , �e—��T�-eg��t�ie—el i��e�re�--��—t-�� c6uir�: . -�2. The City Council may also levy a tax in any year against real and personal property within the City in addition to said s i��e x—{�-d ? m i-aT� _;�.. t-�-e�}� , 1 im i t as defined in paragraph 1 provided the Council shall: A. Adopt a resolution declaring the necessity for an additional tax levy and specifying�the purposes for which such additional tax levy is required. B. Hold a public hearing pursuant to three (3) weeks' published notice in the official newspaper of the City setting forth the contents of the resolution described in Subdivision A. C. Adopt after such public hearing a resolution by an affirmative vote of a least four (4) members of the Council which resolution provides for such levy. (Ref. Ord. 592) PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1997. ATTEST: WILLIAM A. CHAMPA - CITY CLERK Public Hearing: June 9, 1997 10.03 NANCY J. JORGENSON - MAYOR CITY OF FRIDLEY M� M O R A N D II M �� c�'' TO: WILLIAM W. BIIRNB, CITY MANAGER � FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR WILLIAM A. CHAMPA, CITY CLERR SIIBJECT: PIIBLIC HEARING FOR ORIENTAL HOIISE FOR A BEER LICENSE DATE: JIILY 10, 1997 - - On the July 14 City Council agenda is a public hearing to consider the approval of a beer license for the new owners of Oriental House, located at 5865 University Avenue Northeast. A Public Hearing Notice is attached for your review. Pursuant to Chapter 602 Section .05 of the Fridley City Code, we are required to hold a public hearing before issuing this license. The Police Department has performed the required background investigation on Oriental House and Public Safety Director Sallman has not found any reason to deny this request. �11.01 � CITY OF FRIDLEY PUBLIC HEARING - - BEFORE THE CITY COUNCIL Notice is hereby given that the Council of the City of Fridley will hold a public hearing at the City Municipal Center, 6431 University Avenue Northeast on July 14, 1997 at 7:30 p.m. on the question of issuing a Beer License to Oriental House for the property located at 5865 University Avenue. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than July 10, 1997. Anyone having an interest in this matter should make their interest known at this public hearing. William A. Champa City Clerk Publish: July 3, 1997 11.02 FINANCE DEPARTMENT CITY OF FRIDLEY TO: FROM: SUBJECT: I , ° � 1 � . -�,1� � WILLIAM W. BURNS, CITYMANAGER �� RICHARD D. PRIBYL, FINANCE DIRECTOR RICHARD D. PRIBYL FINANCE DIRECTOR PUBLIC I�EARING FOR A HOUSING FINANCE PROGRAM AND THE ISSUANCE OF REVENUE BONDS TO FINANCE AN ELDERLYHOUS.�NG DEVELOPMENT (Noah's Ark of Fridley Project) DATE: July 10, 1997 Attached you will find the public hearing notice that appeared in the Fridley Focus on June 19, 1997. This public hearing is required as part of the process that IVoah's Ark (the developer) must go through to issue housing revenue bonds for the construction of an elderly housing development to be know as"Waters Crest". This procedure will introduce the concept of issuing housing revenue bonds for the development of a senior housing facility. I have attached a two page memo provided to us by the firm of Briggs and Morgan describing key elements of the project. Mary Ippel is serving as Bond Counsel on this issue. The project will be using $9,500,000 of Housing Revenue Bonds to. finance the construction. The debt is a conduit financing tfiat ties the owner of the Development to the payment of the bonds and not the City. In summary the project will consist of: 112 Units One bedroom units will rent between $605 -$825 Two bedroom units will rent between $875 -$1100 - The project will be operated as an elderly rental housing development within the meaning of Minnesota Statutes, Chapter 462C. The project has received final approval from the Housing Redevelopment Authority on the use of Tax Increment Financing for the project. They will be receiving an amount not to exceed $683,000 to be used for land acquisition and site improvements. This financing is also being provided to reduce the rates to make the units more affordable. : � ' �t - Attachment 12.01 NOTICE OF PUBLIC HEARING ON A PROPOSAL FOR A HOUSING FINANCE PROGRAM AND THE ISSUANCE OF REVENUE BONDS TO FINANCE AN ELDERLY HOUSING DEVELOPMENT (NOAH'S ARK OF FRIDLEY PROJECT) TO WHOM IT MAY CONCERN: Notice is hereby given that the City Council of the City of Fridley, Minnesota, will meet in the City Council Chambers at the Fridley City Hall, 6431 University Avenue Northeast, in the City of Fridley, Minnesota, at 7:30 p.m. on Monday, July 14, 1997, to consider the housing finance program of the City and the proposal of Noah's Ark Senior Housing, Inc. (the "Developer") that the City undertake a housing finance program to finance the Project hereinafter described, pursuant to Minnesota Statutes, Chapter 462C, by tl�e issuance of revenue obligations.- - Description of the Project: � The Project consists of the acquisition, construction and equipping of an elderly rental housing development of approximately 112 units located at 83`d Avenue and University Service Drive. The Project will be owned and operated by the Developer. The maximum aggregate estimated principal amount of bonds ar other obligations to be issued to finance the Project pursuant to the housing finance program will be $9,500,000. Subsequent to approval of the housing finance program, the City may issue revenue bonds to finance the housing finance program. Said bonds or other obligations, as and when issued, will not constitute a charge, lien or encumbrance upon any property of the City, or its housing and redevelopment authority, except the Project and the revenues to be derived from the Project. Such bonds or obligations will not be a charge against the City's general credit or taxing powers but are payable from sums to be paid by the Developer pursuant to a revenue agreement. Further information concerning the housing finance program and the Project may be obtained from the City Manager during normal business hours. At the time and place fixed for the public hearing, the City Council of the City will give all persons who appear at the hearing an opportunity to express their views with respect to the housing finance program and proposal. Written comments will be considered if submitted at the above City office on or before the date of the hearing. . Dated: June 9, 1997 BY ORDER OF THE CITY COUNCIL OF THE.CITY OF FRIDLEY, MINNESOTA � BY: WILLIAM W. BURNS - CITY MANAGER 12.02 CITY OF FRIDLEY, MINNESOTA HOUSING FINANCE PROGRAM NOAH'S ARK OF FRIDLEY PROJECT This housing finance program is undertaken by the City of Fridley, Minnesota (the "City") for an elderly rental housing development located at 83rd Avenue and University Service Drive. The Development (as hereinafter described) will be financed by an issue of revenue bonds issued by the City pursuant to Minnesota Statutes, Chapter 462C. The Development will be undertaken to further the policies and goals stated in the City's Housing Plan. The Development, called Waters Crest, will consist of the acquisition, construction and equipping of an elderly rental housing development of approximately 112 units, all of such units will be facilities designed for elderly housing. The Development will be undertaken by Noah's Ark Senior Housing, Inc., a Minnesota nonprofit corporation. The expected base monthly rental fees for a one-bedroom unit will be between $605 and $825; and a two-bedroom unit will be between $875 and $1,100. The Development will be available for rental to the general public, and will be operated only as an elderly rental housing facility for the term of the revenue bonds. The City will issue revenue bonds to finance the Development in the principal amount not to exceed $9,500,000. The owner of the Development will be required, pursuant to a revenue agreement, to make payments sufficient to pay when due the principal of, premium, if any, and interest on all such revenue bonds. The revenue bonds may be structured so as to take advanta.ge of whatever means are available or necessary and are permitted by law to enhance the security for and marketability of the revenue bonds. Substantially all of the net proceeds of the revenue bonds (the initial principal amount thereof, less amounts deposited in a reasonably required reserve or paid out as costs of issuance of the revenue bonds) will be used to pay the costs of the Development, including any functionally related and subordinate facilities. The Development will be operated as an elderly rental housing development within the meaning of Minnesota Statutes, Chapter 462C. . Acquisition of the Development will be carried out in accordance with applicable land use and development restrictions, and construction of the Development is subject to applicable state and local building codes. The Development is consistent with the City's Housing Plan under Minnesota Statutes, Chapter 352320_1 12.03 462C. The owner of the Development will be required to operate the project in accordance with state and local anti-discrimina- tion laws and ordinances. The City has adequate existing capacity to administer, monitor and supervise the Development, although the City has reserved the right to contract with other public agencies or private parties for these purposes. , The costs of the Development and the program of financing the Development, including specifically the costs of the City generally will be paid or reimbursed by the owner of the Development or from the application fee paid to the City by the owner. 352320_1 12.04 MEMOI�:ANDUM DEVELOPMENT DIRECTOR DATE: July 11, 1997 TO: William Bums, City Manager FROM: Barbara Dacy, Community Development Director SUBJECT: Resolution Declaring a Development Agreement Between the City of Fridley, Maynard Nielson, and Robert DeGardner Breach The Fridley City Council at its June 9, 1997 meeting directed staff to prepare the � attached resolution-for City Council apprauaL Action on-the resolu�tion tivas�tabled-atthe��-� ��•- �� June 23, 1997 meeting. Mr. Nielson contacted staff on Friday, July 11"' and indicated that he would not be in attendance at the July 14�' meeting, and that the property could be rezoned to R-1, Single Family Dwelling. He stated that the. new developer would not be pursuing a rezoning to R-3, General Multiple Family Dwelling. The attached resolution declares the 1984 development agreement between the City of Fridtey, Maynard Nielson, and Robert DeGardner breach. It also directs staff to take the required steps to rezone the subject property located at 61S' Avenue and East River Road from R-3, General Multiple Family Dwelling back to R-1, Single Family Dwelling. RECOMMENDATION Staff recommends that the City Council approve the attached �esolution. MM/dw ►� • :. 13.01 RESOLUTION NO. - 1997 RESOLUTION OF THE CITY OF FRIDLEY, MINNESOTA DECLARING A BREACH OF A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF FRIDLEY AND TWO OTHFR PARTIES BY REASON OF THE NONPERFORMANCE BY THOSE PARTIES OF THEIR OBLIGATIONS THEREUNDLR, AND RFsSERVING FOR THE CITY OF FRIDLEY THOSE REMEDIES AS MAY BE AVAILABLE TO IT BY LAW WHEREAS, the City of Fridley, Minnesota,,entered into an Agreement (hereinafter, the "Agreement")�with Maynard Nielson and Robert DeGardner (hereinafter, "The DeveTopers") in 1984, a copy of which is attached herewith and incorporated herein by reference, for the purpose of effecting and facilitating the development of a parcel of land legally described as Lots 3 and 21, not taken for street purposes, and.all of Lots 4 through 10 and 14 through 20 of Block 20, Fridley Park, as recorded at the Office of the Anoka County Recorder; and WHEREAS, the City was required, pursuant'to the Agreement, to rezone the above-described parcel to R-3, which was by the City Council on or about September 24, 1984; and WHEREAS, in consideration for this promise and action by the City, the Developers agreed under the terms of the Agreement to undertake certain actions, including, among others, the filing of a plat intended to replat the above-described property; and WHEREAS, the City Council has, on examination of the facts and records of the City herein, determined that the Developers have ' performed none of the promised actions at any time in the ensuing twelve or more years since the execution of the Agreement; and WHEREAS, the City Council finds that the ensuing period has been more than sufficient time for the promised actions by the• Developers to have been performed. NOW, THEREFORE, BE IT RESOLVED that the City of Fridley finds and declares the aforesaid Developers and any of their heirs and assigns, as indicated in the Agreement, to be in breach of the Agreement. 13.02 Page 2- Resolution No. - 1997 BE IT FURTHER RESOLVED that the City staff shall be directed to take such steps as may be necessary to rescind any Council action done in reliance on the agreement, including, but not limited to, beginning the necessary rezoning of the above-described parcel to what it had been prior to its rezoning to R-3; and BE IT FURTHER RESOLVED that the City of Fridley is no longer obligated to perform any additional duties that might have otherwise have been required in the event of timely compliance by the Developers to the terms of the Agreement; and __ BE IT FURTHER RESOLVED that the City of Fridley rescinds its approval of the proposed plat for the parcel that had previously been approved by the City in its action on September 24, 1984, which approved proposed plat was never filed and put on record with Anoka County. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1997, ATTEST: NANCY J. JORGENSON - MAYOR WILLIAM A. CHAMPA - CITY CLERK 13.03 MEMORANDUM DEVELOPMENT DIRECTOR DATE: July 10, 1997 TO: William Burns, City Manager�.�! � , FROM: Barbara Dacy, Community Development Director SUBJECT: Second Reading of an Amendment to Section 11.01 of the City Charter At the May 19, 1997 meeting, the City Council conducted a publie hearing for an amendment to Section 11.01 of the City �harter to amend the definition of "{�ublic utilities".to:includewireless_corr�mani�atior�=an#�r�:==Mir�n��ota=�tatwt�r.��i��=t#�at �,��. = ::- �=_- - an ordinance amending the City Charter "must tie adopted by �the -Eiiy Co��icil� by "an -- -�- ' affirmative vote of all its members". The purpose of the amendment is to provide the legal foundation #o enable the City to lease public land and facilities to wireless eommunication providers. In addition, tfie amendment will provide the City Council with the flexibility ta detem�ine whether it should pursue ownership and operation of wireless communication facilities. The proposed amendment simply clarifies what a public utility is and does not dictate to the City Council which utility it should undertake. Aceording to the City Attorney, a referendum must be passed by 2/3 of the voters before the City Council can pass an ordinance to operate a utility. RECOMMENDATION Staff recommends that the City Council adopt the attached ordinance for second reading. :I�7�R.�J M-97-291 14.01 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 11.01 OF THE CITY CHARTER The Council of the City of Fridley does hereby ordain as follows: Section 11.01 of the City Charter is hereby amended by adding the following sentence: "For purposes of this :�ection, public utilities shall include water works, district 'iieating systems, gas, light, power, heat, wireless or other communication services, or any other product or service the public provision of which the City Council, by ordinance, shall determine to be in the interest of its citizens." � PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1997. NANCY J. JORGENSON - MAYOR ATTEST: WILLIAM A. CHAMPA - CITY CLERK Public Hearing: May 19, 1997 First Reading: June 9, 1997 Second Reading: � Publication: 14.02 1VIEMORANDUM DEVEL4PMENT DIRECTOR DATE: July 10, 1997 ; _ TO: William Bums, City Manager :�� FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Special Use Permit, SP #97-02, by Home Depot; 5650 Main Street N.E. At the June 18, 1997 Planning Commission meeting, the Planning Commission unanimously recommended denial of the special use permit request to allow nurseries or garden centers which require outdoor sales and storage. The Planning Commission felt that approving the special use permit would be contrary to previous actions on other properties, including Wal-Mart and Menards. A videotape will be shown on Monday evening of the Maplewood Home Depot store; �v#iic� clea�ly-displays �F�e traffic: and �' ``� � safety issues identified in the Staff Report and discussed at the Planning Commission meeting. . RECOMMENDATION Staff recommends the City Council concur with the Planning Commission recommendation and deny special use permit request, SP #97-02. �� • M-97-311 15.01 CITY OF FRIDLEY PROJECT SUMMARY DESCRIPTION OF REQUEST• Todd Mosher, representing Home Depot USA, has requested that a special use permit be granted to allow temporary garden sales in the parking lot from the 4'h week of Rprit until the 1 S` week of July of each year. The proposed sales area is to be located in the southeast corner of the site in an area 220' long x 100' wide, (22,000 square feet). The sales area will be enclosed by chain link fence and will contain live materials, bagged goods, and landscape materials. SUMMARY OF ISSUES Section 205.15.01.C.(11) of the Fridley City Code requires that a special use permit for garden centers or nurseries which require outdoor display or storage of inerchandise. When Home Depot was originally approved in Fridley, the City approved the project with the original stipulation that no plant sales were to occur outside of the confines of the garden center. Home Depot agreed to the stipulation. Currently, the petitioner is indicating that "Home Depot has seasonal, parking lot sales, in their stores everywhere else in the Country. Home Depot sees this as an essential part of what they do". Home Depot currently has 27,972 square feet of ga�den center. If additional seasonal sales area is required, it should be incorporated into the building similar to what was required of Wal- Mart in 1994, and Menards in 1996. If outdoor sales is an essential part of what Home Depot does, the use should haye been planned for initially as part of the original construction. The act of coming back to the City after the store is complete and after parking lot circulation routes are planned and installed, places both the City and the retailer in an awkward position of having to consider what appears to be a planning after-thought which carries a high, aesthetic and safety price tag. . RECOMMENDATION The proposed garden center is contrary to the intent of the original special use permit, occupies a significant amount of the parking area, and creates traffic conflicts with pedestrians. Therefore, staff �ecommends denial of the special use permit request, SP #97-02, by Home Depot. Project Summary SP #97-02, by Home Depot USA Page 2 Petition For: Location of Property: Legal Description of Property: Size: Topography: Existing Vegetation: Existing Zoning/Platting: Availability of Municipal Utilities: Vehicular Access: Pedestrian Access: Engineering Issues: Comprehensive Planning Issues: Public Hearing Comments: PROJECT DETAILS A special use permit to allow garden or nursery sales in the open. 5560 Main Street N.E. Lot 1, Block 1, Home Depot in Fridley Addition 11.6 acres ' Flat Typical suburban; many trees, sod, shrubs C-3, General Shopping Center District; Home Depot in Fridley Addition, 1995 Connected Main Street N/A [`II_1 The zoning and Comprehensive Plan are consistent in �this I location. To be taken 15.03 Project Summary SP #97-02, by Home Depot USA Page 3 WEST: Zoning: SOUTH: Zoning: EAST: Zoning: NORTH: Zoning: Site Planning Issues: REQUEST ADJACENT SITES: M-2, Heavy Industrial M-2, Heavy Industrial C-3, General Shopping M-2, Heavy Industrial Land Use: RR, industrial Land Use: Industrial Land Use: Retail Land Use: Industrial, multi tenant Todd Mosher, representing Home Depot USA, has requested that a special use permit be granted to allow temporary garden sales in the parking lot from the 4'h week of April until the 1 S' week of July of each year at 5650 Main Street N.E. SITE DESCRIPTION/HISTORY The subject property is located at the southwest corner of the intersection of 57"' Avenue and Main Street. The property is approximately 11.6 acres in area and is zoned C-3, General Shopping Center. Located on the property is a 103,550 square foot Home Depot store, a 27,972 square foot garden center, and a 26,600 square foot PetsMart store. The property was replatted in 1995 when Home Depot was constructed. ANALYSIS Section 205.15.01.C.(11) .of the Fridley City Code requires that a special use permit be issued for garden centers or nurseries which require outdoor display or storage of inerchandise. The proposed garden sales area is located in the southeast corner of the Home Depot parking lot. The area is 100' x 220' and would eliminate 88 parking stalls in two parking aisles for a period of about 10 weeks on an annual basis. The sale area is proposed to be surrounded by a six foot high temporary cyclone fence. Located within the sales area will be a combination of live materia�s, bagged goods, and landscape materials (timbers, retaining wall blocks, etc.) 15.04 Project Summary SP #97-02, by Home Depot USA Page 4 Home Depot received a special use permit in 1995 in order to allow the existing ga�den center area which is 27,972 square feet in area. This garden center includes hoop houses, house plant enclosures, and racking for other materials. The garden center area is enclosed by a masonry wall with a wrought iron fence at the front. At the time of the original Home Depot approval, a stipulation was placed on the store that there be no outdoor sales of plant material outside of the confines of the garden center. Home Depot agreed to the stipulation, but, has now indicated that parking lot/seasonal sales are an, "essential part of what they do". If outdoor sales is an essential part of what Home Depot does, the use should have been planned for initial�y as part of the original construction. The act of coming backto the City after the store is comp:ete and after the parking lot circulation routes are planned and installed, places both the City and the retailer in an awkward position of having to consider what appears to be a planning after-thought which carries a high, aesthetic and safety priee ta�. Photos have been included and a video will be made available at the Planning Commission illustrating stores where paricing loi garden`cent�s �exist: � Tt�e proposed sale area doubles the - �- - - size of the garden center. If Home -�Dep�f�de�ires:.ad"t#ifio�af gar�eFl eefi#� �rea;=if'shou(d'tie�� -� ' incorporated into the existing- garden cenfer lo�a#ion °as was required of Wal-Mart in 1994: This could be accomplished in a number of ways including but not limited to: 1. Expand the existing garden center 148' to the east, reworking the traffic and circulation flow of the existing parking lot. 2. Expand the entire front or easterly facade 445' x 49' of the Home Depot building itself through the use of an atrium type structure which would provide 22,000 square feet of additional retail area which could be dedicated to garden center sales. The difficulty is that the sale area takes up parking spaces that would have been convenient to the store or garden center. The circulation of vehicles in the parking lot remains largely the same, however, patrons will enter and exit the display area directly into traffic, crossing parking aisles and traffic lanes in unanticipated locations. Developments should be completed in a manner to separate pedestrian and vehicle traffic. Placing a garden center display where parking is supposed to be, blurs the distinction between vehicle and pedestrianways, creating a safety concern for pedestrians. Hoses for watering are also required to be dragged across the circulation areas causing another unanticipated interruption. From a security standpoint, anytime merchandise is left outside of the confines of a store, the risk of theft increases, adding unnecessary burden to the Police Depa�tment. . From an aesthetic standpoint, the City has been very careful to insisf on quality building materials, landscape materials, lighting standards, and continued maintenance of the 15.05 Project Summary SP #97-02, by Home Depot USA Page 5 development area. Similar requests for outdoor storage and display have either been modified through stipulations placed on a special use permit, or denied entirely. In further reviewing Home Depot's request, staff contacted other communities with Home Depot stores. To follow is a listing of those communities and the responses regarding their existing and any outdoor sales by Home Depot. Brooklyn Park In Brooklyn Park, no parking lot sales are permitted. Their garden center is 27,972 square feet in area. In March, Home Depot requested additional space in the parking lot for pallet storage of bagged materials and other items to be sold. The Planning Commission and City Council of Brooklyn Park denied the request for additional sales and storage space in the parking lot, and �equired Home Depot to confine all garden center sales items to within the existing garden center. They also required Home Depot to remove other items displayed outdoors, such as yard sheds, tractors, trailers, etc., including the fence sections which were attached to the front of the building. Maplewood In Maplewood, limited outdoor sales are permitted. The City of Maplewood's Home Depot has an existing garden center of 28,000 square feet. In March, the City of Maplewood also approved a 50' x 50' extension of the garden center which is enclosed by a ten foot high chain link fence. Also approved was a 78' x 108' area in the parking iot which is also enclosed by chain link which allows temporary safes of bagged goods and other items associated with the garden center. Plymouth The City of Plymouth's Home Depot will not open until July 4, 1997; however, the built garden center area is 17,955 square fee# in area. They will be allowed outdoor sales if a special use permit is approved. Within their existing garden center area, they are not utilizing hoop structures; however, items are covered by greenhouse shade cloth. � Coon Rapids Coon Rapids.Code does not specify by code what is, or is not permitted related to parking !ot sales. The Home Depot in the City of Coon Rapids includes a built garden center of 18,223 square feet surrounded by chain link fencing. Within the garden center area are hoop structures and storage buildings are currently being displayed on the sidewalk in front of the building. While they are currently not displaying items in the parking lot, the Coon Rapids City 15.06 Project Summary SP #97-02, by Home Depot USA Page 6 Code is silent upon the regulation of outdoor sales; therefore, it is more than likely that they will occu r. Bloomington A limited seasonal sales area was approved for the area outside of the garden center. The garden center is 17,995 square feet and is divided between a glass enclosure and outdoor sales. An additional 3,000 square feet of seasonal sales area was approved for the front of the store. A permanent escrow account was established. If unauthorized sales occur, a 24 hour notice is given to clean up the parking lot. If sales occur again within a 3 month period, a $1,000 per day fine is paid to the City from the escrow account without further notice. Home :��epot is then required to replenish that account so that the escrow balance remains at $20,000. St. Louis Park No sales in the St. Louis Park Home Depot parking lot have occurred. Their garden center is 18,000 square feet in area. The garden center is completely screened by a brick bollard and ornamental metal fence such that only the top of the hoop structures can be seen from the parking lot or the adjacent public right-of-way. FRIDLEY COMMERCIAL AREA IMPROVEMENTS The City has recently seen an increase in commercial development in the 57th Avenue corridor. This commercial development includes Home Depot constructed in 1995, the proposed reuse of the Dick's Tire and Wheel store at 251 - 57`h Avenue, and the proposed 8,000 square foot retail center proposed to be located in the northwest corne� of 5th Avenue and Main Street. If the proposed commercial developments occur along the north side of 57`h Avenue, the City intends to complete a 57th Avenue street improvement project in 1998. This improvement project will include a widened 57`h Avenue medians, new street lighting, and new landscaping. Outdoor sales and display in a manner such as proposed by Home Depot could be considered contrary to the intent of the 57th Avenue improvement project. STAFF RECOMMENDATION TO THE PLANNING COMMISSION The proposed garden center is contrary to the intent of the original special use permit, occupies a significant amount of the parking area, and creates traffic conflicts with pedestrians. Therefore, staff recommends denial of the special use permit request, SP #97-02, by Home Depot. i 5.07 Project Summary SP #97-02, by Home Depot Page 7 PLANNING COMMISSION ACTION• The Planning Commission voted unanimously to �ecommend denial of the request to the City Council. CITY COUNCIL RECOMMENDATION• Staff recomrnends that the City Council c�ncur with the Planning CommissiQn �ction. 15.08 � \��\ / � �� , J� v'� i �,' � � 3 � � �q �P s � / , ' � � . � �,�� o��,�a«�: [� R-1 - One Family Units � R 2 - Two Family U�its [� 1�3 - General MiAtiple Urrts � R-4 - Nbbile Horne Parks � PUD - �arried Urrt De�loprnent � s, - M�de aark rleigr�borr,00d �] S2 - �edeveloprr�erX Distrid ��, -�� C� G2 - General &siness [�-] G3 - C,eneral Shop�i�9 .r�,.��; GR1- �'��eral Office � ]NF1 -Ughtlndtstnal j_ J IVL�2 - Nea�y Industrial f_� N�3 - oucdoor �rrtensive 1 r_a,iy �nd r2R - F�aaroeds I P - P�d�lic Fadlities --'' WATER ; PoGHT-0E-WAY I � � � �� .� � � � �� - i ■� ■� .� '� � '�, ., .�� `I_ �Ir �� I1�IE�IIS�IE=�r �3]I � � �� r � '!� ��,3 � -Y MM� i � � ; � 4 �� r- ; Y �--' �. � �� A0.K rl�� I � � _ rW ^� � � - M -� '' � i` �i � Location ' � I � ��.� _� _� � _; - �� i - --------- --- ` -, Special Use Permit, SP #97-02 ' A � . -- : I _ -- --------- 2/26J97 -- - --- - ...- -- _ _- - ---- -- —. i--------------- . 50 0 SQIOOSQDQ�O Feet �`�_�—�_ � This request, by Fiome Depot, !,------ -----_-- --- -----_ ; 5650 Main Street, willallow ' '� �� , fr«►,� � � ' ' on Ordinanoe No. 70 and Zoning Map effiective ', the ternporary sale of garden �rte �rz��ss to�r,� �cr, �� «�� ' materials for 6-8 weeks each year. �� "'e �°� ti„�'. 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FINANCE DEPARTMENT CITY OF FRIDLEY TO: FROM: MEMORANDUM '� � 1 , WILLIAM W. B URNS, CITY MANA GER �� n� � RICHARD D. PRIBYL, FINANCE DIRECTOR RICHARD D. PRIBYL FINANCE DIRECTOR SUBJECT: RESOLUTIONRECITINGA PROPOSAL FOR A HOUSING FINANCE PROGRAM TO FINANCE ANELDERLYHOUSING DEVELOPMENT PROJECT, GIVING PRELIMINARYAPPROVAL TO THE PROJECT AND THE ISSUANCE OF REVENUE BONDS PURSUANT TO MINNEOSTA LAW, AND RATIFITYING THE PREPARATION OFA HOUSING FINANCE PROGRAM (Noah's Ark of Fridley Project) DATE: July 10, 1997 The attached resolution is the next step that Noah's Ark Senior Housing, Inc., must follow in order to proceed with the senior project that they are proposing to locate at 83ra and University Ave. Service Drive. In the Public Hearing it was stated that the project is anticipating using housing revenue bonds, in an amount not to exceed $9,500,000, and some tax increment funds to finance the proj ect. The attached resolution will provide the Developer with the necessary City conceptual approval to proceed to have Bond Counsel prepare the necessary documents that relate to the project: It also provides Bond Counsel the necessary authority to consult with the � City Attorney, Developer, and the Underwriter of the bonds, as to the maturities, interest rates and any other items and provisions of the bonds that are necessary for the preparation of the final documents that will be provided to the City, at some time in the future, for the City Council's final approval of the project. There is nothing in this resolution or any future resolution related to this project that will obligate the City to any expenditure of municipal funds. RDP/me Attachment 16.01 RESOLUTION RECITING A PROPOSAL FOR A HOUSING FINANCE PROGRAM TO FINANCE AN ELDERLY HOUSING DEVELOPMENT PROJECT, GIVING PRELIMINARY APPROVAL TO THE PROJECT AND THE ISSUANCE OF REVENUE BONDS PURSUANT TO MINNESOTA LAW, AND RATIFYING THE PREPARATION OF A HOUSING FINANCE PROGRAM � (NOAH'S ARK OF FRIDLEY PROJECT) (a) WHEREAS, Minnesota Statutes, Chapter 462C (the "Act)..corifers upon cities, the power to issue revenue bonds to finance a program for the purposes of planning, administering, making or purchasing loans with respect to one or more multifamily housing developments within the boundaries of the city; and (b) WHEREAS, the City of Fridley, Minnesota (the "City") has received from Noah's Ark Senior Housing, Inc. (the "Developer") a proposal that the City undertake a program to finance a Project hereinafter described, through the issuance of revenue bonds or obligations (in one or more series) (the "Bonds") pursuant to the Act; and (c) WHEREAS, the City desires to facilitate the development of rental housing within the community; encourage the development of affordable housing opportunities for residents of the City; encourage the � development of housing facilities designed for occupancy by elderly persons; and encourage the development of blighted or underutilized land and structures within the boundaries of the City; and the Project will assist the City in achieving these objectives; and __ (d) WHEREAS, the Project to be financed by the Bonds consists of the acquisition, construction and equipping of an elderly rental housing development of approximately 112 units located at 83rd Avenue and University Service Drive in the City, and consists of the construction and equipping of buildings thereon which will result in the provision of additional rental housing opportunities to elderly persons within the community; and (e) WHEREAS, in accordance with Minnesota Statutes, Section 462C.04, Subdivision 2, the City has heretofore submitte:d to the Metropolitan Council (the "Council") a program to fina�nce the Project and the City has received a letter dated , 1997 from the Council stating that Council staff has 352320.1 16.�2 reviewed the proposal and finds no apparent inconsistencies between the proposal and Council policies; and (f) WHEREAS, a public hearing on the Project was _ held on the date hereof., after notice was published and materials made available for public i�spection at the City Hall, all as required by the Act and Section 147(f) of the Internal Revenue Code of 1986, as amended, at which public hearing all those appearing who desired to speak were heard and written comments were accepted; and (g) WHEREAS, no public official of the City has either a direct or indirect financial interest in the Project nor will any public official either directly or indirectly benefit financially from the Project: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley, Minnesota, as follows: l. The City hereby gives preliminary approval to the proposal of the Developer that the City undertake the Project, described above, and the program of financing therefor, pursuant to the Act, consisting of the acquisition and construction of multifamily rental housing facilities within the City pursuant to the Developer's specifications and to a revenue agreement between the City and the Developer on such terms and conditions with provisions for revision from time to time as necessary, so as to produce income and revenues sufficient to pay, when due, the principal and interest on the Bonds in the total.principal amount of not to exceed $9,500,000 to be issued pursuant to the Act to finance the acquisition and construction of the Project; and said agreement may also provide for the entire interest of the Developer therein to be mortgaged to the purchasers of the Bonds, or a trustee for the holder(s} of the Bonds; and the Cit�y, acting by and through the City, hereby undertakes preliminarily to issue its bonds in accordance with such terms and conditions. 2. At the option of the City, the financing may be structured so as to take advantage of whatever means are available and are permitted by law to enhance the security for, or marketability of, the Bonds; provided that any such financing structure must be consented to by the Developer. 3. On the basis of information available to the City it appears, and the City hereby finds, that the Project consti- tutes a multifamily housing development within the meaning of subdivision 5 of Section 462C.02 of the Act; that the � availability of the financing under the Act and the willingness of the City to furnish such financing will be a substantial 352320.1 1 V.O� inducement to the Developer to undertake the Project, and that the effect of the Project, if undertaken, will be to encourage the provision of additional multifamily rental housing opportunities to residents of the City, and to promote more intensive development and use of land within the City. 4. The Project and the program to finance the Project by the issuance of revenue bonds, is hereby given preliminary approval by the City subject to final approval by the City, the Developer and the purchasers of the Bonds as to ultimate details of the financing of the Project. 5. Al1 prior actions taken by the City Staff in directing Briggs and Morgan, Professional Association, acting as bond counsel to prepare a housing program for financing the Project prepared in accordance with the provisions of Minnesota Statutes, Section 462C.03 is hereby ratified, affirmed and approved. 6. The Developer has agreed and it is hereby determined that any and all costs incurred by the City in connection with the financing of the Project whether or not the Project is carried to completion will be paid by the Developer. 7. Briggs and Morgan, Professional Association, acting as bond counsel, is authorized to assist in the preparation and review of necessary documents relating to the Project, to consult with the City Attorney, Developer and the underwriter of the Bonds as to the maturities, interest rates and other terms and provisions of the Bonds and as to the covenants and other provisions of the necessary documents and submit such documents to the City for final approval. 8. Nothing in this Resolution or the documents prepared purs^aant hereto shall authorize the expenditure of any municipal_fun3s on the Project other than the revenues derived from the Project or otherwise granted to the City for this purpose. The Bonds shall not constitute a charge, lien or encum- brance, legal or equitable, upon any property or funds of the City except the revenue and proceeds pledged to the payment thereof, nor shall the City be subject to any liability thereon. The holder of the Bonds shall never have the right to compel any exercise of the taxing power of the City to pay the outstanding principal on the Bonds or the interest thereon, or to enforce payment thereon against any property of the City, except such property as may be expressly pledged for the security of the Bonds. The Bonds shall recite in substance that Bonds, including the interest thereon, are payable solely from the revenue and proceeds pledged to the payment thereof. The Bonds shall not constitute a debt of the City within the meaning of any constitutional or statutory or Charter limitation. 352320.1 , . 1 V.o� 9. In anticipation of the approval by all necessary entities of the housing program and the issuance of the Bonds to finance all or a portion of the Project, and in order that completion of the Project will not be unduly delayed when approved, the Developer is hereby authorized to make such expenditures and advances toward payment of that portion of the costs of the Project to be financed from the proceeds of the Bonds, as the Developer considers necessary, including the use of interim, short-term financing, subject to reimbursement from the proceeds of the Bonds if any when delivered but otherwise without liability on the part of the City. Adopted by.the City Council of the City of Fridley, Minnesota this 14th ;�ay of July, 1997. -' Mayor ATTEST: Manager 352320.1 " �•O�