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09/08/1997 - 4796'_ cinoF FRIDLEY FRIDLEY CITY COUNCIL MEETING ATTENDENCE SHEET Monday, Sep�embe�c. 8, 1997 7:30 P.M. PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN PRINT NAME (CLEARLY) �/'.� � //�J� y/; n _.. ✓ l "_ ��"C �-�L� frZi� ADDRESS ��T / �-,��✓�, S t-- ,� .("�,l ITEM NUMBER a «� oF FRIDLEY FI�IDLEY CIT�'�OUNCIL MEETING OF SEPTEMBER 8,1997 The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to partic�pate 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: Constitution Week.� September 17 - 23, � 997 APPROVAL OF MINUTES- City Council Meeting of August 25, 1997 APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: Second Reading of an Ordinance Amending Section 7.02 of the Fridley City Charter (Taxation and Finance) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.01 - 1.03 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 8. 1997 Pane 2 r APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: Receive the Minutes of the Planning Commission Meeting of August 20, 1997 ....................................2.01-2.19 Resolution of the City of Fridley, Minnesota, Approving the Terms of a Metropolitan Council Grant to Provide Financial Assistance Toward the Completion of the City of Fridley's Amendment of Their Comprehensive Plan.............................. Approve Comprehensive Sign Plan for 7651 Central Avenue N.E. by Able Property Management, Inc. (Ward 2) . . . . . . . . .....3.01-3.07 .......4.01-4.06 Approve One Year Extension for Variance Request, VAR #95-24, by Kenneth Anderson, to Ailow the Construction of a Porch and Garage, Generally Located at 132 River Edge Way N.E. (Ward 3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.01 - 5.03 C�If1� e-�i .. �� i �� T t,.VUN(:IL MEETING OF SEPTEMBER 8, 1997 �- =-=' =°=Page�3-�` -- APPROVAL OF PROPOSED CONSENT AGENDA: NEW OLD BUSINESS (CONTINUED� Approve Storm Damage Clean Up Policy for the City of Fridiey . . . . . . . . . . . . . . . . . . . . . . . 6.01 - 6.02 Approve Additional Costs to the Agreement with Barton-Aschman Associates, Inc., for the I-694/TH 47 NE Ramp Reconstruction Project No. ST.1997-3 ........................ ..........7.01-7.07 Resolution Estabiishing Ward 3, Precinct 1 B as a Mail Ballot Precinct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8.01 - 8.02 Resolution Designating Official Depositories for the City of Fridley . . . . . . . . . . . . . . . . . . 9.01 - 9.03 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 8. 1997 Paae 4 APPROVAL OF PROPOSED CONSENT AGENDA: NEW OLD BUSINESS (CONTINUED� Claims....................................10.01 Licenses Estimates: . ....................................11.01-11.03 ....................................12.01-12.14 ADOPTION OF AGENDA• OPEN FORUM, VISITORS• � --- -_ . = - - (Consideration of Items not on Agenda - 15 Minutes) PUBLIC HEARING: Rezoning Request, ZOA #97-02, by The Housing Corp., for Shaddrick & LaBeau American Legion Post 303, to Rezone from R-1, Single Family Dwelling, to C-2, General Business, in Order to Allow the Construction of an Expanded Parking Lot for the American Legion, Generally Located at 1360 Onondaga Street N.E. (Ward 2) .................. 13.01 -13.12 FRIDLEY CITY COUNCIL MEETING OF'SEPTEMBER 8. 1997 Paap 5 r OLD BUSINESS• Approve 1997 - 1998 Animal Control Contract Between the City of Fridley and Brighton Veterinary Hospital � (Tabled August 25, 1997) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14.01 - 14.08 Receive Bids and Award Contract for Copier Machines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15.01 - 15.07 NEW BUSINESS: First Reading of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Making a Change in Zoning Districts (1360 Onondaga Street N.E.) (Ward 2) . . . . . . . . . . . . . . . . . . . . . . . . 16.01 - 16.02 � Resolution Approving a Subdivision, Lot Split, L.S. #97-02, to Split a Portion of 7922 Ranchers Road and Add it to 7940 Ranchers Road to Allow the Construction of an Addition on Lots 7 and 8, Block 4, University Industrial Park, Generally Located at 7922 and 7940 Ranchers Road N.E. (Ward3) ....................................17.01-17.19 , . . FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 8, 1997 Paae 6 NEW BUSINESS (CONTINUED� Preliminary Plat, P.S. #97-02, by Greg Frank of McCombs, Frank, Roos & Associates, Agent for Wal-Mart, to Subdivide Property into Two Lots, an Outlot and Dedicated Right-of-Way, Generally Located at 8150 University Avenue N.E. (Ward 3) . . . . . . . . . . . . . . . . . . . . . . . . . . ..... 18.01 -18.34 Approve Agreement Between the City of Fridley and BRW to Complete Design and Construction/Inspection of the 57th Avenue Reconstruction Project No. ST. 1997 - 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . Informal Status Reports ADJOURN: 19.01 - 19.04 ..:...........................20.01 , . FRIDLEY CITY COUNCIL MEETING OF SEPTEMBEB 8, 1997 �'��,��z�.-� � � � � oF FRIOLEY The City of Fridley �vill not discriminate a�ai��st or hacass anyone in the admission or access to. or treatment, or employment in its services, programs, or activities because of race, color, creed, re(igion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation witl be provided to ailow 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 AI�EGIANCE. w �r+��. YKI�I..LNIVIH 1 �VIV. Constitution U✓�ek September 17 - 23. 1997 , c� -�'�-y`'`':-�--- APPROVAL OF MINUTES: City Council Meefing of August 25, 1997 �� APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: Second Reading of an Ordinance Amending Section 7.02 of the Fridley City C-f�a�#er (Taxation and Finance) . . . . . _ . . . . _ . , 1.01 - 1.03 �L2�'�,n�,�F,� ` �,- � � /�-Ly-7 � �-r�-t-i .,�,,,� � . /J_ �'� � NEW BUSINESS: Receive the Minutes of the Planning Commission Meeting of August 20, 1997 . . . . 2.01 - 2.19 � �' �� . APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS fCONTINUED)_ Resolution of the City of Fridley, Minnesota, Approving the Terms of :a Metropofitan Council Grant to Provide Financi�l Assistance Toward the Completion •�� the City of Fridley's Amencmen� of ; �?ir Comprehensive Plan . . . 3.01 - 3.07 0 ,�;,fi_� -.-- �'-'_'`! Approve Comprehensive Sign Plan fof 7651 Central Avenue N.E. by Able Property Management, Inc. (Wa�d 2) . . . . . . . . . . . . . 4.01 - 4.06 G Approve One Year Extension for Variance Request, VAR #95-24, by Kenneth Anderson, to Allow the Construction of a Porch and Garage, . Generally Located at 132 River Edge Way N.E. {Ward 3) . . . . . . . . . . 5.01 - 5.03 `,��. �_.�,-�--�-�� Approve Storm Damage Clean Up Policy for the City of Fridley G.01 - 6.02 r �.��-G�_�--� Approve Additional Costs to the Agreement with Barton-Aschman Associates, Inc., for the I-694/TH 47 NE Ramp Reconstruction Project No. �. ST. 1997 - 3 ��,2-��.., �- �'�1 - 7� APPROVALOFPROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUEDj_ Resolution Establishing Ward 3, Precinct 1 B as a Mai! Ballot Precinct -•--•---.--..8.09-8_02 G`�ti � - �L� ��- Resolution Designating O�cial Depositories for the City of Fridley -------------9.01-9.03 C(, �"'`�-�-�' ,j�Gu_ Claims Licenses Estimates: �' ��` �: .-i( !T- �---�f 0.01 %� �� J��'��.�� 11 01 - 11_03 � .. . C'�: ��r�.01 - 12.14 ADOPTION OF AGENDA: � �y�� « � ��r��%-�`��-e_ OPEN FORUM VISITORS- (Consideration of Items not on Agenda - 15 Minutes) /L-� �%'f' "�-.�� PUBLIC ! IEARING: Rezoning Request, ZOA #9?-02, by The Housing Corp., for Shaddrick & LaBeau American Legion Post 303, to Rezone from R-1, Single Family Dwelling, to C-2, General Business, in Order to Allow the Cons#ruction of an Expanded Parking Lot for the American Legion, Generally Located at 1360 Onondaga Street N.E. (Ward 2) � % � �v J , � � � � ,� �' OLD BUSINESS: , ` 13.01 - 13.12 Approve 1997 - 1998 Animal Control Contract Between the City of Fridley and 8righton Veterinary Hospiial (Tabled August 2�, 1997) . . . . . . . . 14.Oi - 14.08 l�, ,� / � - �/u_�- :--'`-c'� �/ �� Receive 8ids and Award Contract for Copier Machines . . . . . . . . . . . . . 15.01 - 15.07 �� G�� i�/�`,1-`� .-�--� '�'�"`-' . .�� ` �""� � �� -� � � NEW BUSINESS: First Reading of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Making a Change in Zoning Districts (136U ° Onondaga Street N.E.) (Ward 2} . . . . . . . 16.01 - 16.02 /�,L-�� - � G%.��' ; ;�z�� i�--� ---- �� Resolution Approving a Subdivisio.n, l.ot Split, L.S_ #97-02, to Split a Portion of 7922 Ranchers Road and Add it to 7940 Ranchers Road to Allow the Construction of an Addition on Lots 7 and 8, Block 4, University Industrial Park, Generally Located at 7922 and 7940 Ranchers Road N.E. (Ward 3j jN�! �1�,��, 97.01 - 17.1° 1,,��1y�.- /� � i��/�'�/ � � . NEMI BUSINESS (CONTINUED): Preliminary Plat, P.S. #97-02, by Greg Frank of McCombs, Frank, Roos & Associates, Agent for Wal-Mart, to Subdivide Property into Two Lots, an Outlot and Dedicated Right-of-Way, Generally Located at 8150 University Avenue N.E. (Ward 3) . . . . . . . . . . . . . 18.01 - 18.34 �� i'�'��i� . Approve Agreement Between the City of Fridley and BRW to Complete Design and Construction/Inspection of the 57th Avenue Reconstruction. Project No. ST. 1997 - 4 . . . . . . . . . . . . . 19 :�1 -19.04 aNL�-�.e�.� .� ��-L� a y—. G--�-�-�-� lnformal Statu� Reports . . . . . . . . . . . . . 20.0' � �'fi`�� . � � � �-�-7"�. `� • �''.''��..�-_._ ADJOURN: �`�� -�- � � 0 ♦ r� c �� " = � _. . __ COr[STITUT101�[ WEEK Septembeu l7 - 23, 1997 WHEREAS, our Founding Fathers, in order to secure the blessings of liberty for themselves and th ��ir posterity, did ordain and establish a Constitution for the United States; and, WHEREAS, it is important that all citizens fully understand the provisions and principles contained in the Constitution in order to effectivel� support, preserve and defend it against all enemies; and, lNH�R�A�, the tw� hun�'red ter,th anniversary of the signing of the Constifution provides a histori� opportunity for all Americans to remember the achievements.of the framers of the Constitution and the rights, privileges, and responsibilities they afforded us in this unique document, and, . WHEREAS, the independence guaranteed to American citizens, whether by birth or naturalization, should be celebrated by appropriate ceremonies and activities during Constitution Week, September 17 through 23, 1997, as designated by proclamation of the President of the United States of America in accordance with Public Law 915; NOW THEREFORE, BE IT RESOLVED that l, Nancy J. Jorgenson, Mayor of the City of Fridley, do hereby proclaim the week of September 17 through 23, 9997, as: COI�ISTITUT10rI WEEK in Fridley, Minnesota, and urge all residents to reflect during that week on the many benefits of the Federal Constitution and the privileges and responsibilities of American citizenship. IN WITNESS WHEREOF, 1 have set my hand and caused the seal of the City of Fridley to be a�xed this 8th day of September, 9997. NANCY J. JORGENSON, MAYOR THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF AUGUST 25, 1997 The regular meeting of the Fridley City Council was called to order by Mayor 7orgenson at 7:35 p.m. . PLEDGE OF ALLEGIANCE: Mayor Jorgenson led the City Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: Members Present: Mayor Jorgenson, Councilman Barnette, Councilman Billings, Councilman Schneider, and Councilwoman Bolkcom PRESENTATION: Senior Management Board Donation for Communit�Activitv Center Members of the Senior Management Board addressed Council to eontribute an additional $10,000 to the Fridley Community Center. They have now contributed a total of $20,000 in an ef�ort to senior the lounge area and its furnishings. Councilman Barnette implored a11 businesses -and individuals to� send contribut�ons �ta:Jack Kirk at �= - the City offices. He stated that the �City is �.nearing their goai �aact'wou�d i�ke it: ` Donations such'as --- televisions, furniture, etc., axe also needed in addition to cash contributions. Councilman Barnette reported that.-�ndivid�als=-contributing $lOQ_ or_�_�are will have a plaque-== - displayed in recognition of their donation to the community center. Sponsors for rooms are also needed. Councilwoman Bolkcom reported that volunteers. .are_-�eeded un Se,ptember, :20 -to assist - wit-h � _ -. - - - - • • � landscaping efforts on the site. People who are interested should contact -City_.offices for further �-� information or call 572-3593 to sign up. APPROVAL OF MINUTES: COUNCIL MEETING AUGUST 11, 1997 MOTION by Councilwoman Bolkcom to approve the minutes as presented. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. FRiDLEY C�TY COUNCIL MEETING OF AUGUST 25 1997 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSiNESS: 1. FIRST READTNG OF AN ORDTNANCE AMENDiNG SECTiON 7.02 OF THE FRiDLEY CITY CHARTER (TAXATiON AND FINANCE) Mr. Burns, City Manager, presented the first reading of an ordinance amending Section 7.02 of the Fridley City Charter. The amendment replaces a 16 mill limit value with language that ties property tax limits to the Consumer Price Index for the Twin Cities metropolitan area. Th�e State's prescribed method for calculating taxes that was adopted in 1988 abandons the mill rate in favor of a new tax rate system that defies interpretation in mill rate terms. I i order t� esta�I:sh more meaningful limits on property taxes, the proposed language would require a public hearing and a four-fifths City Council majority vote to approve tax levies that increase by more than the Consumer Price Index increase for the prior year. This language was approved by the Charter Commission at their May 12, 1997, meeting and considered at public hearings held �y .the City �ouncil on June 9, 1997, and July 14, 1997, without negative comment. Staff recommends Council's approval of the first reading. WAIVED THE READING AND APPROVED THE ORDINANCE ON FIRST READING. 2. RESOLUTION NO 61-1997 CONSENTING TO THE HOUSING AND REDEVELOPMENT �I�JTHORITY IN- A-�ID FOR THE CITY OF FRIDL�Y ADOPTING 1997 TAX LEVIES COLLECTIVE IN 1998: Mr. Burns, City Manager, presented the consideration of a resolution consenting to the Housing and Redevelopment Authority's tax levy for 1997. The levy was first approved by the City Council and the HRA in 1996. The purpose of the levy is to support the HRA's housing rehabi(itation loan program. The levy is based on .0144 percent of the market value of all taxable real property in the City. It produces about $171;000 a year. The levy was renewed for 1997 by the HRA on August 14, 1997. If the City Council concurs, levy notification will be submitted to Anoka County prior to the September 15, 1997 deadline. The levy will have a tax impact of $13.05 on a$91,000 home. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 61-1997. 3. RESOLUTION NO 62-1997 APPROVING AND AUTtiORiZING EXECUTION OF AGREEMENT WTTH NORTHERN STATES POWER COMPANY FOR FLUORESCENT LAMP RECYCLING COST REiMBURSEMENT SERVICES AT THE FRiDLEY RECYCLING CENTER• AND1 FRiDLEY CiTY COUNCiL MEETING OF AUGUST 25 1997 PAGE 3 RESOLUTION NO 63-1997 APPROVING AND AUTHORiZING EXECUTION OF AGREEMENT WITH J R'S APPLIANCE DISPOSAL, INC., FOR APPLIANCE RECYCLING SERVICES AT THE FRIDLEY RECYCLING CENTER: Mr. Burns, City Manager, stated that staff will add appliances, fluorescent lamps, and scrap metal to the list of materials that may be recycled at the City's Recycling Center behind Columbia Arena as directed by Council. Collection of these materials will begin September 20, 1997, subject to Council's approval of contracts with Northern States Power and J.R.'s Appliance Disposal. Under the contract, N.S.P. will reimburse the City for the administration costs, storage, labor, supplies, transportation, and other costs related to the recycling of fluorescent lamps. The contract with J.R.'s Appliance Disposal provides that the City will pay $7.00 per appliance for appliances brought to the Fridley Recycling Center. Appliances include refrigerators, freezers, washers, dryers, stoves, trash compactors, residentiat furnaces, heat pumps, microwaves, dish washers, garbage disposals, water heaters, and dehumidifiers. The City will charge each customer $10 for disposal of these items. The Ci±y will also expect the customer to unload their appliances at the site. At this time, it is not necessary or desirable to enter into a contract with a scrap metal recycler. Staff recommends Council's approval of the contracts with N.S.P. and J.R.'s Appliance DisposaL ADOPTED RESOLUTION NOS. 62-1997 and 63-1997. . 4. RECEIVE BIDS .AND AWARD CONTRACT__FQR WELL HOUSE NO. 1_. BOOSTER STAT�(��PR�JE�T-NO. 29'8': - � ` _ _ - _ _ Mr. Burns, City Manager, stated that elements of the project include demolition of the existing well house and booster station, replacement of piping, building reconstruction, and installation of, new S.C.A.D.A. based telemetry. Seven bids for this work were opened on August 12, 1997. The responsible low bidder fo�- all work specified was Magney Construction at a cost of $316,300. In addition to construction costs, the Gity received a proposal from, S.E_H_ for construction vversight and inspection irr the amount of $23,600. Total cost for the project is projected at $340,200 or about $60,200 more than the amount budgeted. There are sufficient funds in the 1997 Capital Improvements Plan Water budget to cover the additional costs. Staff recommends that Council award the contract to M.C. Magney Construction in the amount of $316,300, and approve a construction/inspection contract with S.E.H. in the amount of$23,600. 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. FRIDLEY CITY COUNCIL MEETING OF AUGUST 25 1997 PAGE 4 5. APPROVE CHANGE ORDER NO. 1 TO Y-694/TH 47 N E RAMP, PROJECT NO ST. 1997-3: Mr. Burns, City Manager, stated the consideration of a motion to approve Change Order No. 1 to the I-694/TH 47 N.E. Ramp Project. The cost of the change order is $332.94. The money is to be used to provide preliminary warning signs advising motorists of the work to be done on the ramp_ These costs are reimbursable by MnDOT. Staff recommends Council's approval of the change order in the amount of $332.94 to be paid to Forest Lake Construction. Construction is expected to begin this week and to be substantially completed by November 1, 1997. New signals and turf restoration will be completed by the end of November. Councilwoman Bolkcom recommended removing Item No.S from the consent agen�ia. THIS TTEM WAS REMOVED FROM THE CONSENT AGENDA AND PL��ED ON THE REGULAR AGENDA. 6. APPROVE CHANGE ORDER NO. 1 TO STREET IMPROVEMENT PROJECT NO. ST. 1997 - 1& 2: Nir. Burns, City Manager, stated that the 1997 sealcoating project occurred in areas north and south of I-694 and west of University Avenue. During the process applicatian rates for oil and aggregate� wer� �d��-sted- to� optimize �overag�, -_Additionally, :the section �of 53rd Avenue between University Avenue and-Main Street �and the Well No. 13 parking lot - -- were added to the project: T}�e net cos�of thes�ck�a�ges-is ��6;640..�This�bri�gs-the_tat�a� -• project cost to $120,$17.01, well within the original budgeted amount of $160,000: Staff recommends Council's approval of the change order for $10,640 to be paid to Allied Blacktop Company. APPROVED CHANGE ORDER NO. 1 TO THE 1997 SEALCOATING PROJECT. 7. APPROVE CHANGE QRDER NO. 3 TD �C�TT�A�, _ AV�NiIE BITUMINOUS - - . SIDEWALK, PROJECT NO ST 1994-9• ;= Mr. Burns, City Manager, presented the consideration of a motion to approve Change Order No. 3 for the Central Avenue Bikeway/Walkway project. The change order in the amount of $1,250 is needed for materials testing, as well as for unanticipated costs of seed and mulch in areas that were to have been left natural. Staff recommends Council's approval of the change order in the amount of $1,250 to be paid to Hardrives, Inc. Councilman Schneider recommended removing Item No. 7 from the consent agenda. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. _ i FRIDLEY CITY COUNCIL MEETING OF AUGUST 25 1997 PAGE 5 8. RECEIVE PETITION FOR STOP SIGNS AT SEVEN STREET N.E. AND 68th AVENUE N.E. (WARD 1): Councilman Billings recommended removing Item No.8 from the consent agenda. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 9. APPROVE JOINT AGREEMENT BETWEEN THE CITY OF FRIDLEY AND THE CITY OF HILLTOP CONCERNING CONTRACT FOR FIRE FIGHTING SERVICES: Mr. Burns, City Manager, presented the consideration of a motion to ap�rove a joint agreement between the City of Fridley and the City of Hilltop for fire protecYion services. The Fridley Fire Department has been providing fire protection services to the City of Hilltop since January, 1985. The proposed contract is for two years (January 1, 1998 to December 31, 1999). �The contract provides an annual flat fee of $23,000 per year; a per c.all fee of $260 plus $260 per hour for each hour or fraction thereof beyond two hours; the sum of $800 per year for semiannual fire inspections of industrial, commercial, and multiple dwelling properties; and a fee Qf-$35 per hour for arson -investigation. The $23,000 flat fee represents a three percent increase over the current contract amount.: The other fees, with the exception of the fee for arson investigation, have also been raised by three percent. Staff recommends Council's approval: APPROVED JOIN� AGREEMEI�T BET-WE�N THE =EITY OF � FRIDLEY AND `- THE CITY OF HII,LTOP CONC�RNING CONTRACT FOR FIItE FIGHTIl�TG SERVICES. 10. APPROVE 1997-1998 ANIMAL CONT�O� GQATTRA�T �ETWEE�V THE CITY ` . AT TT7TT Tt) ♦ �Tr rr��:��.��r ��.�.�� . �� _� �.___ .-_. . ... � . . . . . . . . - . . . . Mr. Burns, City Manager, presented for consideration a motion to approve the 1997-1998 animal control contract with Brighton Veterinary Hospital. Our cunent contract expired �= � July 31, 1997. After seeking quotes from potential providers we are recommending awarding the contract to Brighton Veterinary Hospital. The fee schedule is $1,200 per month. Quarantine fees are $10 per day for dogs and $8 per day for cats. The contract will run from August 25, 1997 to August 31, 1998. Staff recommends approval of a contract with Brighton Veterinary Hospital. Councilman Billings recommended removing Item No.10 from the consent agenda. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. FRiDLEY CiTY COUNCTL MEETiNG OF AUGUST 25 1997 PAGE 6 11. APPOINTMENT OF CITY EMPLOYEE• Mr. Burns, City Manager, stated it is recommended that Mechell R. Turok be appointed tp the position of Accounting/Data Processing Clerk (Cashier). This position was recently vacated by Walter Cole, who took a position with another city. Ms. Turok's background includes an AA degree in Accounting and a Municipal Accounting Certificate, both from Anoka-Ramsey Community College. She has served as an accounts payable /assistant to the Chief Financial Officer at Lindstrom Metric, Inc. Staff recommends Council's concurrence. APPOINTED MECAELL R. TUROK TO THE POSiTiON OF ACCOUNTING/ DATA PROCESSING CLERK. 12. CLAIMS: AUTHORIZED PAYMENT OF CLAIM NOS. 76072 - 76347 13. LICENSES: APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE IN THE i.ICENSE CLERK'S OFFICE. 14. ESTIMATES: APPROVED THE ESTIMATES AS FOLLOWS: Jay Brothers, Inc. 9218 Lake Drive N.E. Forest Lake, MN 55025 Central Avenue Bikeway/Walkway Bridge Abutments Project No. ST. 1994 - 9 FinalEstimate ................................................. ....... ... ... $ 9,674.37 Continental Bridge 8301 State Highway 29 N. Alexandria, MN 56308 Central Avenue Bikeway/Walkway Bridge, Project No. ST. 1994 -9 FINAL ESTIMATE ................................ . . . . . . . . . . . . . . . . . . . . . . . . . $ 40,147.31 FRIDLEY CITY COUNCIL MEETING OF AUGUST 25 1997 PAGE 7 Allied Blacktop Company 10503 - 89th Avenue Maple Grove, MN 55369 1997 Street Improvement (Sealcoat) Project No. ST. 1997 - i0 Estimate No. 1 ................................... Hardrives, Inc. 14475 Quiram Drive Rogers, MN 553374 Central Avenue Bikeway/Walkway Project No. ST. 1994 - 9 Estimate No. 5 ................................... Newquist & Ekstrom Chartered 301 Fridley Plaza Office Building 6401 Uni�ersity Avenue N_E. Fridley, MN 55432-4381 ...... . . . . . . . . . . . . . . . . . . . . . . . . . . $ 107,177.69 ..............................$ 42,516.78 Services Rendered as .City Prosecuting for the Month of May, 1997 ....................... . . . . . . . . . . . . . . . . . . : . . . . . . . . $ 16,170.00 No person in the audience spoke regarding the proposed consent agenda items. MOTIQN by Councilman Barne�te.to approve the consent-ager#da-with-the exceptipr� of - _- Item Nos. 5, 7, 8 and 10. Seconded by Councilman Schneider. Upon a voice vote, all' voting aye, Mayor Jorgenson declared the motion carried unanimously. ADOPTION OF AGENDA: - 1VIOTION by Councilman Billings to adopt the agenda with the addition of Item Nos 5, 7; :� -- 8 and 10 placed after "Open Forum." Upon-a voice vote;`ail. votlrig'�qe; Mayor 7orgenson - -,-. declared the motion camed unanimously. OPEN FORUM. VISITORS: There was no response from the audience under this item of business. ITEMS FROM TAE CONSENT AGENDA: 5. APPROVE CHANGE ORDER NO 1 TO I-694i'TH`47 N.E. RAMP, PROJECT NO. ST. 1997-3 Councilwoman Bolkcom asked Mr. Flora about traffic flow problems. FRIDLEY C[TY COUNCIL MEETING OF AUGUST 25 1997 PAGE 8 Mr. Flora reported that State Highway 47 will be open for traffic during construction. This change order is for these signs requested by MnDOT. MnDOT normally puts up a ten-day warning sign advising the public of the construction project. � MOTION by Councilwoman Bolkcom to appcove Change Order No. 1 to I-694/TH 47 N.E. Ramp, Project No. ST. 1997-3. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. 7. APPROVE CHANGE ORDER NO. 3 TO CENTRAL AVENUE BITUMINOUS SIDEWALK, PROJECT NO ST 1994-9• Councilman Schneider requested an update on the project prior to approving Change Order No. 3 to the Central Avenue Bituminous Sidewalk, Project No. St. 1994-9. Mr. Flora reported that due to heavy July rains; th;; project has moved siowly. Issues related to retaining walls, stump removal, and tree removal have been addressed. The bridge is in place. By the end of next week, assuming the weather cooperates, the asphalt will be installed. Additional seeding is to be added on the banks near the creek to eliminate erosion. MOTION by Councilman Schneider to approve Change Order No. 3 to Central Avenue Bituminous Sidewalk, Project No. ST. 1994-9. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. - 8. RECEIVE PETI-TIQN- FOR=. S�3�': _S�C�T� ��,�4� �E�E�T� ST��'- AF ��41�1D ;_ ,:::. _ :: _ 68T'H AVENUE N E (WAR7i�1)• � -- _ - - - - � - -- . _ _ - . Councilr�an Billings stated •that�he-received�a�petition in the ��il-abo�t ten d��s ago:��re�it'�t�'h�s `�� J��--' -- already begun concerning the petition: Councilman Billings sent a letter to those' o� the �petition putting them in contact with the Police Department. Mr. Burns reported that Sergeant Lynne Tellers also sent a letter to residents in the neighborhood. Mr. Flora reported that the Police Department p(aced the radar speed indicator at the location to record speed for two days last week. MOTION by Councilman Billings to receive the petition for stop signs at Seventh Street and 68th Avenue. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. 10. APPROVE 1997-1998 ANIMAL CONTROL CONTRACT BETWEEN THE CITY OF FRiDLEY AND BRIGHTON VETERINARY HOSPITAL: Councilman Schneider requested sYafi to inquire about the method of animal euthanasia, if necessary and clarification concerning the City incurring the cost of boarding animals if the owner did not claim them. FRTDLEY CiTY COUNCiL MEETING OF AUGUST 25 1997 PAGE 9 MOTION by Counciiman Schneider to table approval of the 1997-1998 Animal Control Contract between the City of Fridley and Brighton Veterinary Hospital until answers to the above questions are available. Seconded by Councilman Billings. Upon a voice vote. all voting aye, Mayor Jorgenson declared the motion carried unanimously.. OLD BUSiNESS: 15. ORDINANCE NO 1101 RECODIFYING THE FRIDLEY CTTY CODE, CHAPTER l, BY AMENDiNG SECTiON 1 02 09 (WARD BOUNDARiES): Mr. Champa, City Clerk, stated that this is the second reading of the City Code dealing with ward boundaries. This proposed ordinance creates a new precinct to accommodate the voters gained by the annexation of properties from the City of Coon Rapids. Since the land falls in a different County Commissioner District than the F�idley land adjacent to it (Ward 3 Precinct 1), the City needed to create a new precinct for the unn�xed terr'story. A relationshi,p is also required in the names of the two precincts. Staff suggests that Ward 3 Precinct lA and Ward 3 Precinct 1B. Once Ward 3 Precinct 1B is established, administering an election for seven registered voters is the next chailenge. There were two options. The first option was to designate Springbrook Nature Center as a polling location and appoint three additional judges to administer the el�ction to the seven registered voters. The second option was to allow voters to vote by mail because there are less than fifty registered voters. Registered_ voter.s in Ward 3 PrecinEt-:1B wo�ld;be.mailed a ballot . twenty days before an election. Resid�nts would also have t�e optibr� of voting on election day at the Municipal Center where three City employees, who are Anoka County residents, would serve as election judges. There are two additional requirements if this option is chosen. The first requires Council to pass a resolution authorizing mail balloting for this precinct. This would need to be done by September 19, 1997, to accommodate a November 4, 1997, speciai election. The second requirement was that six weeks befare each election,.the City Clerk would post a notice of mail ballot procedures at the Munieipal Center. Before the first election at which mail balloting is used; a notice would also be mailed to all affected registered voters. Either of the two options are acceptable to staff. Councilwoman Bolkcom asked how long the City had to notify the County. She also asked if the City received any comments regarding the letter sent informing them of the changes. She recommended deciding on one way or the other. She did not think their precinct and location should change every election year. Mr. Champa stated that the City has sixty days to change the precinct number if it is determined to administer ballots by mail. There was no response to the letter sent to the residents in Ward 3 Precinct 1B. He did not have a resolution prepared for the mail ballot for this evening but could have one prepared for the next meeting. Councilman Schneider asked about the secrecy of th� vote being compromised due to just seven people in the precinct. He asked if there was any difference in protecting secrecy. FRiDLEY CiTY COUNCIL MEETING OF AUGUST 25 1997 PAGE 10 Mr. Champa reported that he thought the mail-in ballots are more private. MOTION by Councilwoman Bolkcom to waive the second reading and adopt Ordinance No. 1101 on the second reading and order publication. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. NEW BUSINESS: • 16. RESOLUTION NO. 64-1997 ADOPTING A PROPOSED BUDGET FOR THE FISCAL YEAR 1998: Mr. Pribyl, Finance Director, stated that in conformance with Chapter 275, Section 065 of the 1Vlinnesota Statutes; the City must certify a proposed budget to the County Auditor prior to September 15, 1997. The budget process started early in the year with each department providing a request to the City Manager for review so he could develop a draft budget. The draft budget was presented to Council over a three-meeting process this summer. As a result of the discussians, staff developed this resolution. The 1998 budget resolution reflects a 7.4 percent decrease from 1�997 while the 1998 General Fund budget is at a 2.7 percent increase. The General Fund budget includes an increase in property tax levy by 3 percent over the 1997 levy. The city tax impact on the average home ov�mer is 3 percent. . A budget overview from 1996 to 1998 was presented. Staff recommends adoption of the proposed budget for 1998. -::_ Councilman Schneider stated zhat-overall budget requests exceeded r`e`ve�ue�'anc��t}�� b�dget was ='--- -:-.-�' sent back to staff to revise: He asked how staff made these changes, .w�en -the- last .time-a----- __ ___.__._ property tax levy was increased, and what the rate of inflation was at that time. `-- -- ��-`' --� ,- -� Mr: Pribyl stated that this budget.k�as a drawdown frorri �he fund balance of $286,007, and ther•e-is-- _. _ a 3 percent increase in property t�. These components bring a balanced budget. This is an estimate. Oftentimes we come ir� below what was estimated. Two years ago the property t� levy was increased 3 percent. At Council's request we held a very stable levy. He did not know the rate of inflation of�hand. Councilman Billings asked if this was the maximum budget we could levy. He asked if the City Manager presents a budget later in the year if Gouncil will be provided with answers to these -- questions. Mr. Pribyl stated that this is the maximum the City can levy to the County once this budget is certified. The City ca.n reduce the rate as well. At a November or December City Council meeting, the City Manager will present a budget for Council's approval. MOTION by Councilman Schneider to adopt Resolution No. 65-1997. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. FRiDLEY CiTY COUNCIL MEETI:NG OF AUGUST 25. 1997 PAGE 11 17. RESOLUTiON CERTiFYING PROPOSED TAX LEVY REQUIREMENTS FOR 1998 TO TAE COUNTY OF ANOKA: Mr. Pribyl, Finance Director, reported that the levy in conformance with the above mentioned budget requires the City to certify its proposed tax levy to the County by September 15, 1997. The 1998 proposed tax levy of $4,010,570 represents an increase of $118,958 over the 1997 certified levy resulting in a 3 percent increase in the tax levy. Staff recommends approval of the proposed tax levy requirements. MOTION by Councilman Schneider to approve resolution Certifying Proposed Tax Levy requirements for 1998 to the County of Anoka. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. ADOPTED RESOLUTION NO. 65-1997. 18. VARiANCE REQUEST, VAR #97-12, BY WILLIAM AND WENDY NERGARD TO REDUCE THE REQU�RED LOT S�ZE FROM 7,500 TO 5,500 SQUARE FEET• TO INCREASE THE LOT COVERAGE FROM 25 PERCENT TO 32 PERCENT; TO DECREASE THE FRONT YARD- SETBACK FROM 35 FEET TO 22 FEET; AND TO REDUCE �HE REAR YA�13 SET$A-CK FROM 27.5 FEET TO 17.5 FEET, ALL IN ORDER-_TO BIttI.D A� NEW ��Il�i�LE -F�MILY �O1VIE AT 650 DOVER STREET N.E. (WARD 3): Mr. Hickok presented Variar�ce Request-#97-1.2 at 6�0 Dover Street for four.-varianee: -(1) ta -- reduce the required minimum lot aFea �from-7;�99-squar�-f�t-ta S;SOU sq�a�e feet; �(2) to increase - " the maximum lot coverage from 25 percent to 32 percent; (3) to reduce the front yard setback from 35 feet to 22 feet; and (4) to reduce the rear yard setback from 27.5 feet to T7.5 feet: Mr. Hickok stated that a single family home is proposed: The property is located 211 feet from Riverview Terrace on Dover Street. The property is zoned R-1 Singie Family Residential. A video tape of the property and sunounding areas to give a sense of the neighborhood. There was a variance of similar nature at 537 Fairmont Street for a lot variance from 7,500 feet to 5,500 feet as well as a front lot setback to 26 feet resulting in a lot coverage of 34 percent. This property . measures 50 feet by 110 feet and is vacant. There are 106 residential lots between 5,000 and 6,000 square feet in Riverview Heights of which 96 have structures in place. The first item for consideration is the lot area variance. The property is 2,000 square feet less than the minimum required. There are many similar sized properties in the Riverview Heights area which have been developed. If the City denies the lot area Wariance, the only remaining economic alternative for the property owner is to sell the property to either one or both of the adjacent properties. The property owner previously indicated that the adjacent owners were not interested in buying the property. The City has not previously granted a variance of this nature. This is a 50-foot lot. All variance requests to allow construction on 40 foot lots have been denied. FRTDLEY CfTY COUNCIL MEETiNG OF AUGUST 25 1997 PAGE 12 The second request is the lot coverage variance. Code allows that 25 percent of a lot to be covered by structures. The petitioners are proposing a 1,282 square foot dwelling and an attached garage increasing the lot coverage to 32 percent. The third request is the front yard setback. The petitioners have requested a variance to reduce the front yard setback from 35 feet to 22 feet. The dwellings on either side do not meet the setback requirement with the measurements being 10.9 feet to the west and 31.1 feet to the east. The setback of the proposed structure is sensitive to the sight lines of adjacent structures. The City has previously granted a front yard variance request to 8 feet. . The fourth request is for a reduction in rear yard setback. The petitioners are requesting a 10 foot reduction in the rear yard setback requirement from 27.5 feet to 17.5 feet which also affects the attached garage. The petitioners could construct a detached garage which could be located 3 feet from the side and rear lot lin�s. The proposed garage will be 63 feet and 24 feet from adjacent structures. Similar variances ::ave beer g; ante� ;n the past. Flood plain requirements are necessary because the property is located within the flood plain of the Mississippi River. The Federal Emergency Management Agency's flood plain requirements r�quire the first floor elevation bP lo�ated a± R24.5 feet er high; r. The structure wi!1 be : levated on masonry block as opposed to fill, The petitioners will need to address the aesthetic impact of the block prior to the building permit application. An elevation certificate is also required. The City typically requires a hold harmless agreement indemnifying the City from damages and liability should the dwelling be affected by flooding. Staff felt that the site and house design is appropriate to f}ie lot. The side yard sefbacks are met. The design of the house minimizes encroachment on adjacent properties and adds interest to the . streetscape. Staff recommends that Council approve the reduction in minimum lot area from 7,500 square feet to 5,500 square feet and an increase in the lot coverage from 25 percent to 32 percent that include the following stipulations: (1) No further expansion of the structures, principal or accessory, shall occur on this lot; (2) No further enclosures such as a 7-foot privacy fence or a densely planted hedge shall be installed. An open vuork fence such as a standard 48- inch picket or chain link is acceptable. If Council approves the variance request to reduce the front and rear yard setbacks, staff recommends the following stipulations as condition of approval: (1) A dwelling and accessory structure shall be flood proofed in accordance with national standards for flood proofing; (2) The first floor elevation of habitable space shall be at 824.5 feet; (3) The petitioners shall submit a verifying survey verifying the first floor elevation; (4) A plan to minimize the aesthetic impact of the flood proofing shall be submitted and approved by staff, including architectural (brick siding, etc.) and landscape improvements; (5) The petitioners shall install a hard surface driveway by October 1, 1998; (6) The petitioners shall provide a short term solution to the catch basin to be instal(ed in the southwest corner of the property; and (7) The petitioner shal( execute a hold harrr�less agreement indemnifying the City from damages and liabi(ity should the dweiling be affected by flooding. FRiDLEY CiTY COUNCiL MEETiNG OF AUGUST 25. 1997 PAGE 13 Councilwoman Bolkcom asked how many of the homes in this area have been built prior to the ordinances now in effect. She also wanted to knaw why the ten or so lots are vacant. She wondered if they are small lots and cannot be built on. She stated that there is an understanding that we do not build on 5,500 foot lots. She requested a reading of the letter with the agenda materials, as it was not legible. Mr. Hickok reported that ordinances requiring 7,500 square foot lots have been in place since 1955. A great number of homes were built in the 1940's, with many homes on 50 foot lots prior to those ordinances. He reported that that lot owners understood they could not build on the lots that are 5,500 feet. To clarify Councilwoman Bolkcom's question about a letter included in the package, Mr. Hickok stated that the writer did not believe that a house built on that lot with no frontage should have that many setbacks. Councilman Barnet`e inquired about an area off Main Street, near 44'� and 45'� Avenues, in the Plymouth Addition. �-Ie sai� that there were a number of 50 foot lots in which there were houses . built on them. Mr. Flora replied that there were three lots in which HUD homes or starter homes were cor.structed on 5� fooi !ots. Councilwoman Bolkcom expressed concerns as to the height of the home due to flood plain requirements, .as well as the precedent the City may be setting regarding 50 foot lots. She asked what kind of site lines the LeFaves wauld have oiiee t�is- �home -was located on the lot: She wondered how long the petitioner has owned the lot and� if they aware of the lot requirements. Councilman Billings recalled a term "s�tback averaging." He asked if it.was a planning term and if it applied to this plan. Council has utilized this prineiple before. Perhaps staff or the petitioner could respond to the visual impact of the structure being 6 feet higher than the adjacent structures. He asked if it was possible to run the siding 4 or 5 feet down from the block to give the illusion that the house is lower to the ground. Mr. Hickok stated that staff would require aesthetic treatments to minimize or create a setting of being complimentary to the neighborhood. Setback averaging does apply to this plan. Councilman Billings stated that there are 106 homes built on lots of this size, all of which were built prior to 1955. In our society today these are classified as aging properties. He asked what it will do to those homeowners whose homes may someday be deemed not worth keeping up or may be needed to be torn down if the City takes the position that we cannot buiid on 50 foot lots. Mr. Hickok stated that the residents would need to apply for a variance if the property is less than 50 percent of its value. It is conceivable that this could happen. Councilman Schneider asked if the City coutd say that a resident could not rebuild if there were a fire, a flood, or a catastrophic event that occurred on a 50 foot lots. He asked what the City would want to do with these vacant 50 foot lots. FRiDLEY CiTY COUNCIL MEETING OF AUGUST 25 1997 PAGE 14 Councilman Bi(lings stated that another point would be that if the City d�cided that someone could not build on 50 foot lots, mortgage companies would make it difficult t�o obtain� mortgagees on these properties. Insurance may be difficult to obtain as well. A second concern is that the scattered site housing program is not waiting for these 106 homes on 50 foot lots to be unmaintained for the City to acquire them. This program is not designed for this need, and funding is not available to bank property. If the goal were to revitalize the neighborhood it would be a different scenario than the proposal before us. Councilman Billings asked if this particular item was subject to the sixty-day rule, and where things were in regard to time. Mr. Hickok stated that Council must act on the variance requests at the ne� meeting. Councilman Billings stated that when the ordinance was passed the suburbs provided a larger piece of land for people moving out. Today, as illustrated in the townhouse developments, a number of people in our society have a busier lifestyle and do not want to maintain a yard. These kinds of things are changing in our society today. Councilman Billings is concerned with setting a precedent for those who already live in Fridley. The lots were platted, and part of the consideration might hinge on how and when the lot was acquired. Mayor Jorgenson clarified tha� there are some mortgage companies who woul� make it difficuit to obtain a mortgage on this type of property. Mayor Jorgenson asked if 824.5 feet is higher than the 1 UO year flood event and if Yhere is .an inability to use the basement and a storm sewer system: '_ Mr. Hickok stated that there is no basement allowed. Mr. Flora reported that there is not a farmal storm sewer system. There is a catch basin at the - Riverview Heights intersection that drains into the Mississippi River. Councilwoman Bolkcom asked how it will affect the residents on both sides of a lot when a great amount of storm water collects. She asked what could be done to prevent this. Mr. Flora said he has not seen specifics, but the additional land around the building would be sloped around the structure, but there may be additionai run-off. Mr. Hickok reported that there will be minimal grading due to the frost footing. There is a breakpoint midway back on the house with designs for water to drain out to the street that eventually would connect to a storm sewer improvement. Councilwoman Bolkcom stated that storm sewer improvements are not planned in the near future: She asked how many lots are under 7,500 square feet. Councilman Schneider stated that there would be a fairly large number of homes built on lots under 7,500 square feet. He asked if the City was saying that if a home built on a substandard lot that burnt down could not be rebuilt. FRiDLEY C(TY COUNCIL MEETiNG OF AUGUST 25 1997 PAGE 15 Mr. Hickok stated that staff would do the research to determine the number of homes built on lots under 7,500 square feet. He also informed council that if a house burned down the homeowner(s) would have to request a variance. William Nergard, the petitioner, addressed Council. The Nergards do not own the property at this time. Mr. Nergard is from Fridley and has enjoyed living in Fridley his entire life. Dale Dixon, 600 Ely Street, provided a brief history of the property that was originally owned by the railroad who put together these 50 foot lots as a promotion. As years passed, Fridley became a city. In 1955 zoning restrictions came to pass. With these small lots, this area had a good possibility of becoming a shanty town. Therefore, in an effort to avoid a shanty town environment zoning restrictions were passed regarding 50 foot lots. Residents have abided by the ordinances for many years, and they are now urging Council to abide by the same rules. Mr. Dixon thought that this area has become a less desirable area with assessments to the properties resulting in abandonment when being. told their property was unbuildable. Land speculators have come into the area hoping to make money on these properties. He understands that the City wants the tots developed, but that is not what Council has heard from the neighborhood. The nPighborhood does not want this type of development. The neighborhood feels that Council should enforce the rules as they stand. Not one person from this neighborhood supports this concept; as it would be a detriment to the neighborhood. Monte Maher, 7965 Riverview Terrace, stated that his home.is located about 15 feet from the back of the Dover property. Mr: Maher owns 13,500 square feet, and his neighbor has ., -- approximately 11,500 square %et. _- Other neighbor.s_ have 7,OQ0 to. 9,000 square feet. Many - people do want big lots, and there. is a reason for it. There are many people who are against this . variance request. Mr. Maher stated that the surrounding neighbors are willing to buy _ the. .lot; however the price of the property is higher than other lots sold in the area. Neighbors have purchased empty lots for $3,000. The area is well kept and used by many walkers and bikers. The proposed home wiil stand out because �t would be built higher than the existing hames. Looking at where the proposed driveway would sit, it is located right next to the neighbors' driveway, which requires his permission, and he is opposed. Drainage is also an issue. He asked how the water will move three feet up hill. The water rwns from the street, back toward the creek. With the additional hard surfaces the water would drain to the neighbors. In Mr. Maher's opinion, the structure does not provide adequate square footage. The homes on both sides have a front and a back yard with a garage on the side: The proposed structure does not. A suggestion for the Planning Commission would b� that the adjacent land owners should be notified in order to have an option of expanding their homes. Councilwoman Bolkcom darified that the lot size is 7,500 .for those built prior to 1955, and the current lot size is 5,000 square feet. Ken Hudyma, of 641 Cheryl Street, stated that he would like to clarify the grandfather rule. Of course, they would be able to rebuild an existing struEture, Mr. Hudyna opposes the variance requests. FRIDLEY C[TY COUNCiL MEETI1vG OF AUGUST 25 1997 PAGE 16 Mr. Hickok clarified that if you have a 7,500 square feet lot platted before 1955 it is legal, and a homeowner could rebuild. If the lot is less than 7,500 square feet you could not rebuild without a variance request. There is no grandfather rule for a 5,000 square feet lot. Dwight Just, 661 Cheryl Street, lives behind the lot. He stated that he is not in support of the variance requests. Monte Maher stated that his wife was not able to speak tonight. Her comments were presented to the Appeals Commission. Rod D'Aigle addressed Council regarding comments at the Appeals Commission meeting. One comment was that this house couid look like a trailer home on a narrow lot. A photograph of the plan was presented to Council. He felt that the house would not, be an eyesore to the community. Councilman Barnette asked who owns the property and w,�at tneir intent was when they purchased it. Mr. D'Aigle reported that his father purchased the property in 1985. Councilman Barnette asked if Mr. D'Aigle's father was aware that it was not a buildable lot when he purchased it. Mr. D'Aigle stated that there were 50 foot lots that were built on when the lot was purchased. Mr. Knaak, City Attorney, stated that the minimum lot size is the standard.. How it was configured does not matter. A person who makes a purchase is charged with knowing the . requirements of the City. He said there is a court case supporting this requirement. If a person asked city staff about the requirement and receive an incorrect response, the home owner still are• _ charged with knowing the requirements. Mr. Knaak said that what you are confronted with is what typically happens with lot size issues. There is one case in which a radio station gave out 20 feet lots, In this case, there was a fire. The property had been in the family for decades, and the City voted to follow the lot sizes. The Fridley City Council is on solid ground in enforcing the lot size requirements. When it comes to variances, similar requests have to be treated in similar ways. If Council allows this variance, they should be very clear on how this is different. If Council allows the variance, it will be amending the City Code by precedent. Councilman Schneider requested a statement of hardship since the property has not changed since the purchase. Mr. D'Aigle stated that the hardship is what the owner is going to do with the lot. An offer has not been received from neighbors on either side. Complaints concerning site lines have been addressed in the house plan. Right now Frank D'Aigle has a piece of property he cannot do anything with. lf they could buy a piece of property on either side they would, but they cannot FRiDLEY C�TY COUNCIL MEETiNG OF AUGUST 25. 1997 PAGE I7 because the property is nof available. In effect, the City is regulating this piece of property for the benefit of the neighborhood. Mr. D'Aigle appeared before Councii to try to do something with the property. Surveys have been conducted of the property, and it is relatively flat. Mr. D'Aigle said that there have been a lot of inaccurate statements made concerning the property. He said by building on the property it would not flood out the other neighbors, as they would not be changing the level of the land. An additional plan has been drawn where the garage could be located in front; however he would do whatever staff recommends. Sharing the driveway is an issue of dealing with encroachment currently existing. The property has the required property setbacks for the driveway. This is a unique piece of property, it is small, and there is not much that can be done with the lot. Council cannot make a decision based on public opinion only. Mr. D'Aigle would need to get the variances approved to build on his property. He requested that a decision be made. � Councilwoman Bolkcom stated that many of those homes were in piace prior to 1955. She did not know why someone did not come forward to build on it prior to 1985. She wondered if they knew it was not buildable. iVlayor 3orgenson stated that other homes built on these lots were ouilt prior to i955. Right now Council does not look at public opinion only. They look at the hardship_ The City Attorney has told Council that they need to look at the way they interpret this in order to compare it to e�cisting ordinances. Mayor Jorgenson expressed her sympathy in this case and explained that Council intends to balance the needs of the petitioners, the neighborhood, homeowners, and the City. There are flood considerations and stocm water considerations as well. Council needs to hear from neighbors to see what direction they will go as far as making a decision this evening. Mr. D'Aigle stated that there is a hardship for the owners of the property due to the City's requirements. The property owner has done all he can. Councilman Billings asked if a hardship is a direct result of unique conditions of the property. Mr. Knaak stated that you can purchase the property at the time the conditions of the hardship exist you lose the right to object. There are several cases to cite supporting that argument. An undersized lot, purchased as an undersized lot, cannot be used as hardship. Councilman Billings stated that he did not see Council moving in the direction of passing the variance. If we allow building on a lot at 5,500 square feet it does not mean we set a precedent on lot splits. If three, 25 square foot lots are tied together as one tax parcel, this is a separate issue. He asked if that created the definition of lack of similarities. Mr. Knaak stated that it does not set a precedent. Councilman Billings asked if Council would be setting a precedent if they allowed an owner of a 110 foot frontage property to split it to create two 55 feet frontages. Mr. Knaak answered in the affirmative. FRiDLEY CITY COUNCIL MEETI1vG OF AUGUST 25. 1997 PAGE 18 Councilman Billings asked, in a catastrophic event, if the City took the position that in order to treat similar lots similar Council would have to deny 109 homes built on these similar lots. Mr. Knaak stated that there would be no different hardship if these are similar lots. If they are non-conforming lots they would require a variance to rebuild. Councilman Billings asked if it is a different issue with the home on Fairmont Street. Mr. Knaak asked what the variance was for. Councilwoman Bolkcom replied that the variance was for additional square footage for living space. Mr. Knaak stated that if in fact timing is the sa.me, if one has a dwelling and the other does not, it does not change the interpretation of the variance. He suggested that it is often a good practice to defer a final decision until a draft of the findings has been completed.. In this instance of determining the request based on lot size, nothing more is needed. You are accepting the recommendation of the Appeals Commission. 1VIOTION by Councilwoman Bolkcom for denial of Variance Request #97-12. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried. Councilman Schneider stated that this was an excellent plan; and the petitioners worked very hard. Councilman Schneider will vote for denial. He said that he did not see the hardship. He stated that Council must consistently administer code requirements. Councilwoman Bolkcom urged the petitioners not to take the denial of the variance request or the comments from the Appeals Commission or City Council meetings personaliy. The proposed home looks like a very nice l�ome, but the location the owners wanted it built is in a vety unique situation. Councilwoman Bolkcom hoped that the petitioners would find another lot in the City. 11. INFORMAL STATUS REPORTS Point-of-Sale Inspection Program or Sing,le Family Housing_ Mr. Fernelius, HRA Housing Coordinator, reported on the Point-of-Sale Inspection Program as a follow-up to the July 29, 1997 City Council discussion. Since February, staff has researched options on de�veloping an inspection program for owner-occupied housing to detecmine unsafe housing conditions. A variety of ordinances have been adopted in the metropolitan area falling into three categories. The "Information Only" category discloses the condition not requiring repairs. The second category, Hazardous Conditions, discloses the condition requiring repairs. The third category, Code Compliance; is the most strict approach involving hazardous conditions and code requirements. FRTDLEY CITY COUNCiL MEETiNG OF AUGUST 25 1997 PAGE 19 Staff met with officials from other communities, inspectors, lenders and realtors about the programs. Council has gone through a typical inspection using the hazardous condition model. Staff learned the programs have good intentions but are produce mixed results. Most ordinances do not address exterior maintenance; rather they focus on minor repairs. The programs are time and labor extensive to administer, and fees charged to the sellers do not typically cover administrative costs. Lenders are changing code their requirements. Many communities use Point-of-Sale programs as a primary tool to address housing problems. Not many cities have comprehensive programs that are incentive based. The bottom line is that Point-of-Sale programs do not address the issues facing Fridley, such as exterior maintenance or cosmetic needs, etc. An alternative to accomplishing these goals would be to continue the loan program and the HRA Home Remodeling Advisor position. A plan book encouraging rehabilitation of a 1950's style rambler could also be developed. Conducting the remodeling fair in the spring of 1998 will be planned. The City aiso will monitor the State of Minnesota's efforts to adopt a uniform housing maintenance code. Staffrecommends that Council not adopt a Point Inspection Program. Mayor Jorgenson suggested adding a workbook including such items or checklists as the gas dryer venting, etc., to be distributed at the remodeling fair. Councilwoman Bolkcom suggested a checklist of safety issues. Councilman Schneider asked how staff decided on the Point-of-Sale program. He asked if it was the analysis of the mock inspection of homes. Mr. Fernelius stated that staff did not have enough information when they started out. Staff thought there could be a better way to address the issues such as pealing paint on the exterior of a home, etc. Ms. Dacy stated that the cost effectiveness of the program was a concern. Although a fee structure could be implemented, there would have to be a request to Council to fund the program on an ongoing basis. Proposed Policv Relating to Storm Dama�ed Trees Mr. Flora stated that as a result of the storms of 1997, there was concern for what citizens can expect. If there is an emergency, an analysis and assessment of the area would be needed. A specific clean-up time would be established. The area would be identified for removal of trees and brush. Trur�k removat would be the responsibility of the property owner. By adopting this policy, the City would be notifying the publie in advance of what they can expect. Mr. Flora suggested presenting this to Council at the next meeting for adoption. U�date on Storm Drainage Projects Mr. Flora reported that as the result of the July storms the fol(owing activities have occurred: FRiDLEY CiTY COUNCiL MEETING OF AUGUST 25; 1997 PAGE 20 7130 Riverview Terrace: A new lid was installed on the street manhole with - holes to coliect water. A pipe was installed in the back yard for water. Seventh Street: A swail was constructed moving water to the pond of the rear of the lot due to flood water eroding the back yard. VanBuren Street and 369 66th Avenue: The City has offered to construct a berm near the driveway to hold the water in the street The City is waiting for property owner approval. 6090 Woody Lane: Bids have been requested for a new catch basin and pipe. Easements have been received from the two property owners The City hoped to start work within ten days. 1499 Arthur Street: The City has filled the erosion that occurred near Rice.Creek bank and has constructed a berm to collect overflow in a ponj. 1280 and 1298 52nd Avenue: The City has discussed this issue with Columbia Heights. A relief valve and cover on a manhole has been installed to relieve pressure on the line. A final solution would be to install a pipe below the property floor height, splitting the $18,000 cost with �o?umb:a Heig�:ts. 569 Rice Creek Terrace: Materials have been ordered. Mr. Flora stated that the work has been done with in-house personnel on Saturdays. The main cost is the pipe installation. Mr. Burns reported that Council will discuss informally the preparation of a citizen survey. Councilwoman Bolkcom requested an update on the University Avenue fence. An additional letter was received inquiring about the fence on the west side of University Avenue. Mr. Burns reported that the attorney for the League of Minnesota Cities Insurance Trust did not see any liability issue concerning the fence and will request input from the League of Minnesota Cities. Councilman Billings has been asked to write a letter to MnDOT regarding removal of the fence. Councilman Schneider asked for input related to neighborhood response on the Tennison case. Mr. Knaak stated that, ordinarily, anytime there is pending litigation, it should be treated . as confidentiaL FRiDLEY CiTY COUNCII. MEETING OF AUGUST 25, 1997 PAGE 21 ADJOURNMENT: MOTION by Councilman Barnette to adjourn the meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor 7orgenson declared the motion carried unanimously and the regular meeting of the Fridley City Council of August 25, 1997 adjourned at 10.:45 p.m. Respectfully submitted, Debbie Kidder Nancy J. 7orgenson Secretary to the City Council Mayor C I T Y O F F R I D L E Y M E M O R A N D II M TO: WILLIAM A. BIIRNS, CITY MANAGE �� FROM: RICHARD D. PRYBYI,, FINANCE DIRECTOR WILLIAM A. CHAMPA, CITY CHARTER STAFF LIAISON SUBJECT: AMENDMENT TO SECTION 7.02 OF THE FRIDLEY CITY CHARTER DATE: SEPTEMBER 4, 1997 Following passage on first reading ori August :��5,� `19�5�7, �t is in order to schedu�e the second reading of an ordinance amending Section 7.02 of the Fridley City Charter for the Council meeting of September 8, 1997. According to Minnesota Statutes 410.12,_ Subd. ,7. the ordinance "shall be adopted by the co�zncil by an affirn►atiye_:yote of all its members after "a public hearing� upori �two �weeks' published notice containing the text of the proposed amendment and shall be approved by the mayor and published as in the case of other ordinances." We have attached a copy of the proposed change which removes obsolete mill language. Attachment y.01 { ORDINANCL NO. AN ORDINANCE AMF;NDING SECTION 7.02 -0F 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 SAction 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 ap�licable 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 in dollars, a tax lev}� that is greater than the prior year tax levy increased by an inflationary index defined by the U.S. Department of Labor, Bureau of Labor Statistics, Consumer Price Index for Al1 Urban Consumers in the Minneapolis, St. Paul metropolitan area. (Ref. Ord. 592) 2. The City Council may also levy a tax in any year against real and personal property within the City in addition to said limit 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) 1.02 Page 2 -- Ordinance No. PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1997- NANCY J. JORGENSON - MAYOR ATTEST: WILLIAM A. CHAMPA - CITY CLERK Public Hearing: June 9 and July 14, 1997 First Reading: August 25, 1997 1.03 CITY OF FRIDLEY pLANNING CO1�II�lIgSION MEETING, AIIGIIST 20, 1997 SALL TO ORDE� Chairperson-elect Kondrick called the August 2p, 1997 pl Commission meeting to order at 7:3p anning p.m. ROLL CALL• Members Present: Dave Kondrick, Dean Saba, Connie Modig, LeRoy Oquist, Brad Sielaff g Members Absent Others Present: Diane Savage, Larry Kuechle Barbara Dacy, Community Development DirActor Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant Malcolm Watson, 1717 49th Ave. NE Lyle Hoston, 999 41st Ave. N.E. #316, Columbia Heights John Litchy, 5203 Lincoln Street N.E., Fridley Jerry Paschke, 4611 Palumbo Ave. Greg Frank, 5400 Balsam Lane, pl' Rogers Terry gre�an Ymouth , 1538 N. Timber Ridge, Fridley Randy Pittman, 8150 Universit Barb Rasmussen Y Ave., Fridley , 1504 S. Timber Ridge, Fridley � OTION by Mr. Saba, second d 16, 1997 Plannin e bY Ms• Modig, to approve the July 9 Commission minutes. UPON A VOICE VOTE, AI,I, VOTING AYE, CHAIRPERSON-ELECT KOND122 DECLARED THE MOTION CAItRIED UNp�IMOUSLY. CK 1 • �OMPREHENSIVE PLAy ME 'rrN nR ARFA � Mr. Kondrick stated that prior to conducting this meetin would like to make a statement. 9. he Meeting is to solicit The purPose of the Planning Area your comments to develop and produee the Z.� y PLANNING COMMISSION MEETING AUGUST 20 1997 PAGE 2 City's Comprehensive Plan. It is not the purpose to discuss individual problems or issues, but to provide comments about the City's future. Any personal attacks will not be tolerated. Please be brief and to the point, keeping your comments within five minutes or less. Ms. Dacy stated this is the second Planning Area Meeting in the City's process to develop and produce the City's Comprehensive Plan. Last month on July 16th, Planning Area 1 met and next month on September 17th, Planning Area 3 will meet to discuss their input and concerns. If any member of the public is unable to attend their scheduled meeting, they may come to another meeting. Each Planning Area has been mailed a survey to be reviewed at this meeting, soliciting comments as to where people believe the City should be headed. In the early 1980's a plan was a adopted and now it is time to plan for the next century. A Comprehensive Plan incorporates social, environmental and built environment in an effort to relats them to a set of goals or principles. This process will take approximately 12 to 18 months. The plan will be prepared and then the following year reviewed. This will be an enlightening process with survey results being very informative. Ms. McPherson reviewed the survey results of Planning Area 2 which is north of Rice Creek and east of Highway 65 on the east and north borders. There were 548 surveys mailed in Area 2. The City received 43 survey responses, a 7.8� return rate. Respondents were compared to Area l. For the most part the areas are similar. The average age is 41 to 60. A higher response rate was received from the 31 to 40 age range and less from those in the 60 to 80 age range when compared to Area l. Respondent Residency Length was also compared to Area 1. Area 1 was even across the board. Area 2 has less people living in the City 21 to 30 years and there were more responses from people living in the area less than 11 years. Trends in survey issues seen include; parks, City services, City government (administrative or council), tax levels, neighbors or people they meet daily, access and traffic, safety and crime levels, schools and quietness of neighborhoods. Survey results from Area 2 seem to say that people like the services they receive. They did not like the administrative process or City government. Comments were negative concerning systematic code enforcement and its affect on items such as personal property rights and how it affects their 2.�2 PLANNING COMMISSION MEETING AUGUST 20 1997 PAGE 3 daily lives. Most people responded they liked the quality of property upkeep and their neighbors. Conversely they disliked that some neighbors did not keep up their property. There are some specific locational. comments which are illustrated on the map in the City Hall lobby. Another area comment was concerning general road conditions of major access points and area streets such as the adverse impact with the Osborne Road improvements and the condition of Central Avenue. City service comments were positive but some thought snow plowing was slow. The population is stable and Fridley has a small town feeling. Ms. McPherson stated, for this evening we want to find out residents opinions as to what Fridley should be in the year 2010. We also want to ask residents about their concerns as well as for possible solutions to their concerns, and their goals for the next 10 years. Mr. Kondrick thanked those who have responded to the survey and to those present this evening, for participating in t�e planning process. Mr. Saba asked why the response to the survey was so low? Ms. Dacy stated a writ�en survey includes very open ended and broad questions. The City also conducts a telephone survey. Due to the limited budget there was a need to utilize the written survey. Cable TV videos will also be utilized and interactive series of ineetings to accompany the survey process. The City is disappointed in the return rate but hopes to build momentum for Area 3 and 4, to provide better attendance. An ad will be placed in the Focus as well. People are very busy and it is difficult to solicit response. Mr. Sielaff asked, what was the response rate in Area 1 and what is a typical response rate? Ms. McPherson reported there was a 6% response rate from Area l. The City mailed 2,792 surveys and invitations to residents in Area l. 128 surveys were received. Ms. Dacy reported in the past the City has received about 259 in response to a written survey. 2.03 PLANNING COMMISSION MEETING AU U T 20 1997 PAGE 4 Mr. Kondrick asked if there were any members of the audience living in Area 2 who would like to come forward to voice their interests or concerns. Terry Brennan, of 1538 Timber Ridge addressed the Commission stating she is new to Fridley. Ms. Brennan moved from Northeast Minneapolis in order to enroll her child in the Fridley schools. Ms. Brennan is very happy with the City and encouraged the Planning Commission not to mess it up. Ms. Brennan liked the housing mix which includes single and multiple units combined and traffic flow. Issu�s related to mass transit expansion could result in a drive-t'_irough communi�y. Ms. Brennan's main concern was, what type of programs or tacilities are available for middle and high school kids? Ms. Brennan is also concerned about keeping the green areas that we have right now and not be consumed by other kinds of development. The infrastructure shoul3 be kep� in place such as Centrai Avenue, as it needs to be repaved. Ms. Brennan wasn't sure that Central Avenue needs to be made larger, outside of 4:30 to 6:00 it is not a bad road to drive on. Shopping and health clinics are convenient. Long term, Ms. Brennan recommended the Commission think about the "quiet jewel that Fridley is". Anything you do, such as the expansion of Medtronic for example, think of how it will affect that jewel. Ms. Brennan's experiences with the City staff have been very pleasant and it has been a very pleasant place to live. Ms. Brennan suggested perhaps there was not enough time to respond to the survey. Mr. Saba asked for Ms. Brennan's comments about the new bikeway/walkway. Ms. Brennan stated she thought the bikeway was great because it is already being used and addresses safety factors for her daughter. Ms. Brennan's experience was first shock, was this the right thing to do, spending money on a bikeway when the road is in such terrible shape? However, she anticipates a lot of use by the community. Barb Rasmussen, 1504 Timber Ridge stated her major concern is Central Avenue and the pot holes. Ms. Rasmussen was discouraged that th� bikeway went in with Central Avenue being in such poor shape. Ms. Rasmussen feels safe in her home and park. However, the park does not seem to be well kept anymore and questions the 2.04 PLANNING COMMISSION MEETING AUGUST 20 1997 PAGE 5 County's maintenance. Storms are a concern due to the trees around her home. Perhaps the City of Fridley should check with the County about maintenance. Mr. Saba asked if Ms. Rasmussen has thought of how she would like to see the City in 2010. Ms. Rasmussen stated that keeping up the existing structures is her priority. Mr. Kondrick asked Ms. Rasmussen if she had any thoughts about mass transit or street lighting? Mr. Kondrick stated that Central Avenue is a County road and requires the County to maintain it. Ms. Rasmussen stated, No. She likes the convenience of her own vehicle and would never feel safe walking around at night. Ms. Rasmussen's teenage daughter stated that teeriagers need something to do. Skateboarding or rollerblading is not allowed. There should be a place to go to play video games or other activities. Ms. Dacy encouraged her to contact the Park and Recreation Department as there may be a program already in place to fit her needs. Mr. Kondrick asked, how will people in Area 2 know the 'results of the survey? Ms. Dacy stated that if anyone wants to call City Hall to find out results that is fine. However, a final report and analysis will be compiled. Mr. Saba stated he has heard comments that we want to maintain what we have, and we want more of what we have. Mr. Saba expressed concern about the biketrail and the new grass planted, being dead and full of weeds near Sam's Club. This.is a terrible image problem. Mr. Saba stated the City must make a strong effort to maintain what we have. This evening we have heard that the County Park is not adequately maintained. This is a City problem, an image problem, we must be mindful and have a strong , 2.05 PLANNING COMMISSION MEETING AUGUST 20 1997 PAGE 6 emphasis on maintenance of all our amenities. Ms. Modig asked if staff has had any contact with the County as far as plans with the park? Ms. Dacy will follow up with the County. Ms. Dacy reported there have been many comments on the right of way areas such as the University Avenue right of way, and tall grass. MnDOT mows twice a year. This year with all the rain we have, that may not be sufficient. In the past there were special programs to deal with the additional maintenance. Due to budget cuts there are no longer additional programs to assist with maintenance. Ms. Modig reported some communities work with the boy scouts or another club to adopt an area of the roadway to pick up trash and mow. Perhaps the City nePds to implement a project for volunteers because our image is at stake. Ms. Dacy stated the next meeting for Planning Area 3 is September 17, 1997. 2• PUBLIC HEARING• nNSID�RTION OF A REZONIN ZOA #97 02 BY THE HOUSIN CORP FOR SHADDRICK & LABEA PO T�n� �ERICAN LEGION: To rezone property from Single Family Residential to Local Business in order to allow construction of an expanded parking lot for the American Legion, on Lot 2, Block 1, Walnut Addition, generally located at 1360 Onondaga Street N.E. MOTION by Mr. Oquist, seconded by Mr. Sielaff, to waive the reading of the public hearing notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON-ELECT KONDRICK DECLARED THE MOTION CARRIED �1�TD THE PUBLIC HEARING OPEN AT 8:08 P.M. Ms. McPherson stated the American Legion #303 has requested that 1360 Onondaga Street N.E. be rezoned from R-1, Single Family Dwelling to C-2, General Business. If approved, the Legion �.Os PLANNING COMMISSION MEETING AUGUST 20 1997 PAGE 7 proposes to construct an expanded parking area of 30 spaces on the subject property. Ms. McPherson stated the property is located east of Central Avenue on Onondaga Street. Surrounding properties are zoned C-2, General Business, C-1, Local Business, and R-1, Single Family Dwelling. The subject property contains a single family dwelling and detached garage. There are three criteria which must be evaluated prior to the City approving a rezoning request. They are the compatibility of the proposed use with the proposed district, the co�patibility of the proposed district with adjacent uses an� zoning, and the compliance of the proposed use with the proposea district requirements. Ms. McPherson stated the existing American Legion building has an existing parking lot on Central Avenue. The American Legion is a permitted use in the C-2, General Business zoning district. The parking lot is a permitted accessory use. In 1975 the City approved a rezoning for the American Legion property. This request would extend the commercial zoning an additional 50 feet into the neighborhood. The additional land will allow the American Legion to meet the parking requirements. This is a nonconforming use as the building was constructed in 1952, in accordance with C-1, Local Business zoning. In 1976 the property was rezoned to C-2, General Business in order to allow the continuation of a liquor license. The proposal is to expand the parking area which meets the setback requirements. Screening from the public right of way is provided as well as a six foot high fence to screen parking from residential properties. Ms. McPherson stated staff recommends that the Planning Commission recommend approval of the request to the City Council with the following stipulations: l. A Comprehensive Plan amendment shall be approved prior to construction of the expanded parking area. 2. A$5,000 performance bond shall be submitted to ensure completion of the landscape and fence. Mr. Kondrick asked if notices were sent to local residents and what was the response? 2.0% PLANNING COMMISSION MEETING AUGU$T 20 1997 PAGE 8 Ms. McPherson stated notices were sent. A person who had read the notice in the Focus News called with an inquiry. Mr. Kondrick asked if the entire parking area will be hedged and fenced? Ms. McPherson stated the east area will be hedged. The fenced area will be six feet tall. Mr. Sielaff asked about the reason for the American Legion acquiring this property. Is it because of code �compliance or parking problems? Ms. McPherson stated there are notes on file concerning parking for the American Legion. They have wanted to provide off street parking for the facility. In terms of the code, they will meet the requirements, however this wiil not ensure that off street parking will not be needed due to a special event. John Litchy, the architect for the project reported that his secretary lives near the American Legion and reported the neighborhood is very pleased for the proposal to get cars off the street. Mr. Saba asked, if the area been looked at as far as drainage is concerned? Ms. McPherson stated.the Engineering Department has reviewed the plan and it is in compliance with storm sewer requirements. Mr. Oquist stated there is an area on the map that already addresses the drainage issue. M TION by Ms. Modig, seconded by Mr. Saba, to close the public hearing. Ms. Modig recommended approval, to help with some of the parking problems the facility occasionally has. Mr. Saba stated he wanted to be certain that there are not any problems with the residential area concerning the comprehensive plan of the City. 2.�8 ■.. PLANNING �OMMISSION ME�TING AUGUST 20 1997 PAGE 9 Mr. Oquist asked who owns the property now? Ms. McPherson reported the American Legion has a purchase agreement with the current property owner. UPON A VOICE VOT$, ALL VOTING AY$, CHAIRPERSON-gL�CT RONDRICR DECLARED THE MOTION CARRIED AND THg pUBLIC HEARING CLOSED AT 8:20 P.M. MOTION by Ms. Modig, seconded by Mr. Sielaff, to recommend approv,�l of ZOA #97-02, by the Housing Corp. for Shaddrick & Labeau Post 303 American Legion--ta rezone property from-S�ngle�` Family xesidential to Local Business in order to allow construction of an expanded parking lot for the American Legion, on Lot 2, Block l, Walnut Addition, generally located at 1360 Onondaga Street N.E. with the following stipulations: 1. A Comprehensive Plan amendment shall be approved prior to construction of the expanded parking area. 2. A$5,000 performance bond shall be submitted to ensure completion of the landscape and fence. UPON_ A VOICE VOTE, _BL�.�T_OTSNC .=-�-- � - .__ _ _ . . , . � -�iZ�?$RSON=Ei,E�T�� R�NDRICK . . : . . ._ � _ ._ ._._ _ _ .. =- - DECLARED THE MOTION CA12RI�:D UNAN�MOIISLY .- � Mr. Kondrick stated this motion will go before City Council on September 8, 1997. 3• _P�BL�C HE RING• CON�TT�FRATT N OF A PRELIMINARV p�T p #97 02. BY WAL-NLART TORE IN To subdivide property into two lots; one for Sam's Club and the second a vacant lot for sale, on Part of the Southwest Quarter of the Northwest Quarter of Section 2, Township 30, Range 24; Lot 2, Block 2, Caba Realty First Addition; and Lot 1, Block 1, Vantage Companies Addition, generally located at 8150 University Avenue N.E. MOTION by Ms. Modig, seconded by Mr. Sielaff, to waive the reading of the public hearing notice and to open the public hearing. 2.09 PLANNING COMMISSION MEETING AUGUST 20 1997 PAGE 10 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON-ELECT KONDRICK DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 8:23 P.M. Ms. McPherson stated the request by Greg Frank of McCombs, Frank Roos, and Associates, currently representing Wal-Mart, request's that the City approve a preliminary plat entitled "Walton Addition". The proposed plat is for property generally located at the intersection of 81st Avenue and University Avenue. The plat will create four lots; one containing Sam's Club (12.96 acres), a second lot �f 7.11 acres to be sold in the future, an outlot which contains:.a storm water pond which will service both Lot 1 and Lot 2(1.81 acres) and the fourth, dedicated right-of- way for the West University Avenue Service Road. Ms. McPherson stated Sam's Club was constructed in 1986. This property was rezoned in 1985 from industrial to commercial. In 1986 a lot.split was approved, and ir. 1993, �he City approved a special use permit to allow the sale of cars, boats or RV's twice per year. In 1991, the petitioner submitted a plat request in order to allow construction of a Wal-Mart store adjacent to Sam's Club. This plat was not approved. A 1992 plat entitled "Sam's Addition" was withdrawn. Ms. McPherson stated the proposed plan meets minimum lot area requirements for the C-3, General Shopping Center zoning district. The north portion of proposed Lot 2 is currently zoned C-2, General Business. In order to promote consistent zoning on Lot 2, staff is recommending a stipulation which requires rezoning of this portion from C-2, General Business to C-3, General Shopping Center district. This rezoning needs to occur prior to any development on Lot 2. Ms. McPherson stated the storm water pond is adequate to contain run-off from full development of both lots. Several stipulations are recommended to insure cross-parking and access easements and joint use and maintenance of the storm water pond. Stipulations from previous agreements will also carry forward with the request. Specifically, contribution to a possible signal at 82nd Avenue. Staff recommends that the Planning Commission recommend approval of the request with the following stipulations: 2.10 PL�NNING CONIlKISSION ME�TING AUGUST 20 1997 PAGE 11 1. A joint storm water pond use and maintenance agreement shall be executed and recorded against Outlot A, Walton Addition. 2. Cross-parking and access easements shall be executed and recorded against Lot 1 and Lot 2, block 1, Walton Addition. 3. That portion of Walton Addition currently defined as Lot 2, Block 2, Caba Realty lst Addition shall be rezoned from C-2, General Business to C-3, General Shopping Center District prior to construction of any improvements on Lot 2, Block 1, Walton Addition. 4. The petitioner agrees that both Lot 1 and Lot 2, Walton Addition, shall be assessed for the installation of a stoplight at 83rd and University Avenues. Ms. McPherson stated there is also a park dedication fee of .023 per square foot to be calculated prior tc the City Council receiving the request. Mr. Sielaff asked should this read that plat 2 is contingent on rezoning? Are we assuming the rezoning will occur? Mr. Oquist stated when the property is developed, rezoning will be determined. Perhaps we need to clarify the point by adding, "Prior to development, the addition shall be rezoned". Ms. McPherson stated if the lots were to be subdivided proportionately, these lots could meet the requirements as they are currently stated. A separate request will be made upon development of Lot 2. Ms. Dacy stated the stipulation does require a rezoning application sometime in the future to resolve the inconsistencies. Mr. Frank, representing Wal-Mart, addressed the Commission stating he is in agreement with the stipulations. Mr. Sielaff asked if there was a buyer for the property now. Mr. Frank reported a purchase agreement has not been signed at this time. 2.11 PLANNING COMMISSION MEETING AUGUST 20 1997 PAGE 12 MO_ TION by Mr. Sielaff, seconded by Mr. Oquist, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON-ELECT KONDRICK DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:33 P.M. MOTION by Mr. Oquist, seconded by Mr. Sielaff, to recommend approval of P.S. #97-02, by Wal-Mart Stores, Inc., to subdivide property into two lots; one for Sam's Club and the second a vacant lot for sale, on Part of the Southwest Quarter of the Northwest Quarter of Section 2, Township 30, Range 24; Lot 2, Block 2, Caba Realty First Addition; and Lot l, Block l, Vantage Companies Addition, generally located at 8150 University Avenue N.E. with the following stipulations: 1• A;oir�t stcrm water pond use and maintenance agreement shall be executed and recorded against Outlot A, Walton Additior�. 2. Cross-parking and access easements shall be executed and recorded against Lot 1 and Lot 2, block 1, Walton Addition. 3. That portion of Walton Addition currently defined as Lot 2, Block 2, Caba Realty lst Addition shall be rezoned from C-2, General Business to C-3, General Shopping Center District prior to development. 4. The petitioner agre.es that both Lot 1 and Lot 2, Walton Addition „ shall be assessed for the installation of a stoplight at 83rd and University Avenues. 5. The petitioner shall pay a park dedication fee of $13,359.03. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON-ELECT KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. McPherson stated this motion will go before the City Couneil on September 8, 1997. 4. PUBLI HEARING• CONSIDER.ATION OF A LOT SPLIT REOUEST L.S.#97-02 BY GERALD W PASCHKE To split a portion of 7922 Ranchers Road and add it to 7940 Ranchers Road to allow construction of an addition, on Lots 7 2.12 PLANNING COMMISSION MEETING AUGUST 20 1997 PAGE 13 and 8, Block 4, University Industrial Park, generally located at 7922 & 7940 Ranchers Road N.E. MOTION by Mr. Saba, seconded by Ms. Modig, to waive the reading of the public hearing notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON-ELECT RONDRICK DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 8:37 P.M. Ms. McPherson stated the request by Gerald Paschke,�is for a lot split be approved to split a 20' x 75' (1,500 sq. ft.) parcel of land from 7922 Ranchers Road and add it to the property at 7940 Ranchers Road. If the lot split is approved, a 5,637 square foot addition would be constructed on EDM Machine Shop located at 7940 kanchers Road. Ms. McPherson stated both properties are zoned M-1, Light Industrial. In 1985 the City granted parking variances to 7940 Ranchers Road. In 1984, a lot spiit was approved to split the southerly 30 feet of this lot and attach it to �922 Ranchers Road. The proposed lot split does not create.a buildable lot. The lot areas of both properties do not meet the 1 1/2 acre requiremen�. The lot coverage will increase to 39%, the maximum allowed is 40o in industrial areas. An easement for drainage, ingress and egress parking over the subject parcels and properties to the north was approved in 1985. At the time of approval, the minutes stated that this easement was necessary to provide adequate parking for the developments. Ms. McPherson stated the petitioner proposes a zero lot line development. However, an 18 inch gap is proposed between the two buildings. This shouid be closed to eliminate future maintenance problems. The Engineering Department is concerned with the capacity of the regional drainage pond. Ms. McPherson stated the request does not create lots which meet the minimum 1 1/2 acre lot area requirement. Staff recommends that the Planing Commission recommend denial of the lot split �o the City Council. If the Commission approves the request, the following stipulations are recommended: 2.13 PLANNING COMMISSION MEETING AIIGUST 20 1997 PAGE 14 1. No further development on the subject or surrounding vacant properties shall occur until an analysis of the capacity of the regional stormwater pond occurs and is approved by the City. 2. The petitioner shall eliminate the appearance of an 18 inch gap between the proposed addition and the existing building located at 7922 Ranchers Road. Mr. Sielaff asked if the recommendation is to connect the two buil dings . Ms. McPherson stated yes, to architecturally connect the two buildings. Ms. Modig asked, how close are they to the l-1/2 acre requirement? Ms. McPherson stated roughly both lots are 47,00 square feet in area, roughly an acre. Mr. Hickok stated there are 47,500 square feet on each lot. An acre is 43,560 square feet. This is 1.08 acres. The proposal falls an acre short of what we typically have in this district. Mr. Oquist stated, they are not in compliance right now. Ms. McPherson stated that is correct. The properties, while complying with the minimum lot area requirements for properties platted prior to 1983, do not meet the lot area requirement of 1- 1/2 acres, which is required for plats and lot splits approved after that date. Mr. Sielaff asked, why is there 18 inches between the two buildings? Mr. Hickok stated ideally the buildings should be connected. This has the effect of being joined, like a multi-tenant, and maintaining the 18 inches is not practical. Mr. Jerry Paschke addressed the Commission explaining this is about the twelfth building he has developed in the area, pointing out an identical development on 81st with two separate buildings. 2.14 PLANNING COMMISSION ME�TING AUGUST 20 1997 PAGE 15 Both buildings are built on one footing. The proposed development will be built on two footings. The 18 inch difference between the buildings are to accommodate the existing footing on the current building. If there were a fire, one building could be completely destroyed, while one may remain standing. There will be no maintenance or fire problems. Mr. Kondrick asked if the Commission stipulates the 18 inch enclosure, will he be opposed? Mr. Paschke stated he -vould accept the enclosure. The company at 7940 Ranchers Road emp:�oys up to 48 employees on three shifts, the largest having 26 employees. The addition will be used for both manufacturing and storage purposes. There is adequate parking on site to accommodate the expansion. i��r. Oquisz requested clarification, the expansion is for EDM to be housed in a separate building, and h��1�v�ould he enclose the 18 inches? Mr. Paschke responded, he does not have any objections to the stipulations and it will be enclosed with block. Addressing the drainage plan Mr. Paschke stated, this year especially, we have been exposed to major storms and the pond has accommodated the water very well. The new building will add 900 cubic feet to the pond, which it can accommodate. The pond is approximately 200' X 200' therefore we will be adding a quarter of an inch of water to the pond. M TION by Mr. Saba, seconded by Mr. Oquist, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AY�, CHAIRPERSON-ELECT KONDRICK DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:45 P.M. Mr. Oquist requested clarification on stipulation #l; there will , be no additional development after this request? Ms. McPherson stated that is correct. Mr. Oquist suggested the wording be changed on stipulation #2 concerning the enclosure of the 18 inch gap. 2.y5 PLANNING COMMISSION MEETING AUGUST 20 1997 PAGE 16 Mr. Kondrick stated he did not have a problem with the development as long as they close up the 18 inch gap. Mr. Oquist stated positively, this is an industrial area with an upgrade in landscape. MOTION by Mr. Sielaff, seconded by Ms. Modig, to recommend approval of L.S. #97-02, by Gerald W. Paschke, Inc., to split a portion of 7922 Ranchers Road and add it to 7940 Ranchers Road to allow construction of an addition, on Lots 7 and 8, Block 4, University Industrial Park, generally located at 7922 & 7940 Ranchers Road N.E. with the following stipulations: 1. No further development on the subject or surrounding vacant properties shall occur until an analysis of the capacity of the regional stormwater pond occurs and is approved by the Ci*�, �. Y . 2. The petitioner shall close the l8 inch gap between the proposed addition and the existing building located at 7922 Ranchers Road. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON-ELECT I�ONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Kondrick stated this motiori will go before the City Council on September 8, 1997. 5. RECEIVE THE MINU'T'ES OF THE PARK & RE REATION COMMI ION . MEETING OF TNE 16. 1997 MOTION by Mr. Saba, seconded by Mr. Oquist, to receive the minutes of the Parks & Recreation Commission meeting of June 16, 1997. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON-ELECT KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 6• RECEIVE THE MINUTES OF THE ENVIRONMENTAL UALITY & ENERGY COMMISSION MEETING OF JUNE 17 1997 MOTION by Mr. Sielaff, seconded by Mr. Saba, to receive the minutes of the Environmental Quality & Energy Commission meeting 2. ys PLANNING COMMIS3ION MEETING AUGUST 20 1997 PAGE 17 of June 17, 1997. UPON A VOICE VOT�, ALL VOTING AYE, CHAIRPERSON-EL$CT KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. 7. RECEIVE THE MINUTES OF THE APPE T COMMISSION ME TING OF JULY 9. 1997 MOTION by Ms. Modig, seconded by Mr. Sielaff, to receive the minutes of the Appeals Commission meeting of July 9, 1997. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPTRSON-ELSCT�ZONDRICK DEGLARED THE MOTION CARRIED UNANIMOUSLY. 8. RECEIVE THE MI1�7TES OF' THE HOUSING & REDEVELOPMENT AUTHORITY MEETING OF JLiT y 10 1997 M TION by Mr. Saba, seconded by Mr. Sielaff, �o receive the minutes of the Housing & Redevelopment Authority meeting of July 10, 1997. UPON A VOICE VOTB, ALL VOTING AYE, CHAIRPERSON-ELECT KONDRICK DisCLARED THE MOTION CARRIED UNANIMOUSLY. 9. RECEIVE THE MINUTES OF THE JOINT HRA/CITY OL7NCIL MEETING OF JULY 21, 1997 MOTION by Mr. Oquist, seconded by Ms. Modig, to receive the minutes of the Joint HR.A/City Council meeting of July 21, 1997. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPLRSON-ELF'sCT KONDRICK DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINES : Mr. Hickok provided a brief update concerning the request by Home Depot to allow outdoor sales and storage space, reviewed by the City Council on July 14th and August llth. The City Council would not pass the items without modifications made to integrate the area into their building. There were no modifications made. The City Council denied Home Depot's re.quest to allow outdoor sales and display through the special use permit process. 2.17 ' PLANNING COMMISSION MEETING AUGUST 20 1997 PAGE 18 Mr. Hickok stated the home on the property at 216 - 57th Avenue was demolished to make way for a recently-approved multi-tenant retail facility. A lot split request by Monte Maher was approved for his property in Riverview Heights. The special use permit by Mr. Foster for a second accessory building at his home on East River Road was approved by the City Council. ADJOURNMENT MOTION by Mr. Saba, seconded by Mr. Sielaff, to adjourn the meeting. uPO�' A VGIC� VOTE, AI,L VOTING AYE, CHAIRPERSON-ELECT KONDRICK DECLARED THE MOTION CARRIED AND THE AIIGIIST 20, 1997, PLANNING COMMISSION MEETING ADJOURNED AT 9:00 P.M. Respectfully submitted, �2� /� ( cv Debbie Kidder Recording Secretary 2.18 0 S I G N— IN S Fi E E T PLANNING COMMISSIpN.MEETING� Wednesday, August 20, 1997 . 2.19 , MEMORANDUM PLANNING DIVISION DATE: September 4, 1997 MEMO TO: William W. Bums, City Manag�r,�� r� FROM: Barbara Dacy, Community Development Director Scott J. Hickok, Planning Coordinator SUBJECT: Resolution of Acceptance of Metropolitan Council Grant of $8,190.00 Toward the Ciiy's Comprehensive Planning Process INTRODUCTION On July 18, 1997, staff made apptication for a Metropolitan Council Local Planning Assistance Grant. As you are aware, the Minnesota Land Planning Act requires all - -.� _ . • ._ Minnesota Cities to update-their Gomp�ei�,�s�ve=�Plans�y�December'�31'; 't9�8. ln� -- response to this requirement, staff pcepared an-analysis of oosts for the amendment and then pursued funding sources #o supplement the planning budget. The City's request to the Metropolitan Courtci# �nias fior $20;000, the maxirnum- allowabie grant amount. They responded with a grant of "no less than $8,190.00". The amount will be adjusted upward at a later date if additional funds become available. A resolution is required to allow the City Council to accept the funds and terms of the grant. COMMITMENT BY ACCEPTANCE The City of Fridley's acceptance of the funds indicates the following: • That the City's Comprehensive Plan will demonstrate that the City is interested in the `7llustrative 2020 MUSA"and its relationship to the redevelopment of our community. The intent of the Metropolitan growth strategy is to contain growth on the outer perimeter of the metropolitan area by encouraging development within the Metropolitan Urban Service A�ea (MUSA) until the year 2020. 3.01 William W. Bums September 4, 1997 PAGE 2 • The application will also show that ihe City of Fridley is sincere about reducing the impact of sprawl on the region by revitalizing our portion of the urban core and targeting job growth. The Southwest quadrant and Fridiey Executive Center projects are excellent examples of the City's commitment to achieve this end. • The acceptance will indicate that the City of Fridley has a strong interest in creating a more livable community in accordance with the Metropolitan Council's Metro 2040 policygoals. The City of Fridley participates in th�+_ivable Communities Act program, and exceeds its benchmarks for affordable housing. Acceptance of the grant funds will be an indication that the City will continue to further the livable community initiatives as the revisions to the Comprehensive Plan are prepared. The City can receive a 0% loan for $11,800.00; however, it is recommended that the City just accept the grant amount at this time. RECOMMENDATION Staff recommends approval of the attached resolution. M-97-3748 3.02 RESOLUTION NO. -1997 A RESOLUTION OF THE CITY OF FRIDLEY, MINNESOTA, APPROVING THE TERMS OF A METROPOLITAN COUNCIL GRANT TO PROVIDE FINANCIAL ASSISTANCE TOWARD THE COMPLETION OF THE CITY OF FRIDLEY'S AMENDMENT OF THEIR COMPREHENSIVE PLAN WHEREAS, the City Council of the City of F�idley, Minnesota finds that: The City of Fridley will be completing the required amendments necessary to comply with the Metropolitan Land Planning Act and Minnesota Statutes section 473.859. 2. The City of Fridley recognizes that to complete their task, the City sought f::^d�„y fr�� thc �1eir�poiitan Council's Local Planning Assistance Granf Program. 3. The City of Fridley has worked with the Metropolitan Council to make umeiiViiIGIILJ �� iis �v�i�N��hensive Pian in receni years. 4. The City recognizes that its overall text and associated maps are now over 15 years old. 5. The City recognizes #fiat a rewrite of all portions of the text that are eithe� out of date, or inconsistent with cuRent thought and regional strategy. 6. The City of Fridley has determined its Comprehensive Planning process will cost $74,600.00. 7. in accordance with Minnesota Statu#es section 473.867, subdivision 4), the City recognizes that grants may not exceed 75 percent ofi the total costs and expenses of the work plan, service or activity for which the grant is awarded, or a total dollar amount of $20,000. NOW, THEREFORE, BE IT RESOLVED THAT: The City of Fridley agrees to accept the fact that the Metropolitan Council has made a Commitment to provide the City a grant award of �ot less than $8,190.00. 2. The City of Fridley agrees the remaining budget would be required to come from alternate sources. 3.03 Page 2 — Resolution No. -1997 9. The City of Fridiey's agrees that by their acceptance that their Comprehensive Plan wiil demonstrate that the City is interested in the Iilustrative 2020 MUSA and its relationship to the redevelopment of our community. 4. The City of Fridley agrees that #heir application and acceptance demonstrates that the City of Fridley has been and continues to be sincere about reducing the impact of sprawl on the region by revitalizing our portion of the urban core and targeting job growth. 5. The City of Fridley agrees it has a strong interest in creating a more livable community in accordance with the Met�opotitan Council's Metro 2040 policy goals. , PASSED AND ADOPTED BY THE CITY COUNCiL OF THE CITY OF FRIDLEI' THIS DAY OF SEPTEMBER, 1997 AYES NAYS Attest: WILLIAM A. CHAMPA - CITY CLERK 3.04 NANCY J. JORGENSON - MAYOR 11/ietropolitan Council ' Working for- the Region, Planning for the Future August 21, 1997 Scott J. Hickok 6431 University Ave. N.E. Fridley, MN 55432 Re: City of Fridley Planning Grant, Application #3055 Dear Scott J. Hickok: We are pleased to inform you th�.t your grant application.for loco;l planning assistance has been reviewed by staff. At this t�.^�, w� es#�^�ate tha# your c�r^;�uniry �,viii be awarded a grant of no less than $8,190. If a.dditional funds become.available at a later time, they wilf be distributed among applicants not receiving their total requested amounts. If your community has continued fiunding needs, please be advised that a substantial pool of funds is available for interest- free loans. Please contact your sector representative for more details: The Council will execute a grant agreement that will address the funding disbursement schedule, progress reporting requirements, accounting and records, audit proceduces and grant amendments as wefl as the authorized use of funds. Activities eligible for funding may include staff pay, consultant and professional services, printing and publishing. Activities not eligible for funding include per diem payments to appointed or elected board or commission members and equipment purchases. If you have not forwarded your formal resolution authorizing application to the Metropolitan Council for planning assistance grants; please do so by August 29, 9997. We look forward to working with you as you continue to develop your comprehensive plan. Ple�se c�ntact your s�ctor re�resentative, Guy Pe±erson; at 602-1418 for any other questions regarding the grant or loan application assistance. Sincerely, ,� . �,- � � Thomas C. McElveen, Deputy Oirector Housing, Development and Implementation cc: Richard Thompson Guy Peterson �. O'Connor 'l'SO f�;asl (�it91i Siriv•f St. I'aul. Minurtiui:� .i:�101 -IG:t-} (6I21 ZSfI-C�sx 291-f �5U I'UI�/"I"Il' 291 �(Ni0-1 �k9r�� Inli� I.in�• 2251-37;t0 . " � nn �<.��ud u�qr.rnuilu� Gnq,t,n,.�, APPLICATION FOR LOCAL PLANNING ASSlSTANCE GRANT The City of Fridley wili be completing the required amendments necessary to comply with the Metropolitan Land Planning Act and Minnesota 5tatutes section 473_859_ WORK PLAN i 2 Statf Strategy Sessions � (10 hours � S40.00/hr ) City divided into 7 Planning Areas and Imapped for a series of citizen input meetings. Geographic Information Systems anaiysis and imailing label generation, I f��'n� Planning Area Meetings wiN b� h�ld�uring the months of July 1997 through document completion, 1998. (12 meetings total) Costs include: postage, mailing and associated folding etc., advertising, staff time � prep. for meeting, prep. Survey, analyze data from suniey, etc. Consultar�t Advisor Document Preparation 300 staff hours a� �40/hr (average) Public Hearing with I Planning Commission � Costs indude: mailing i r�otices, publishing notice, � rr�ec:tinc� prep_, st��ff tir7�e ; July 3, 1997 July 3, 1997 On-going until study/ rfnr.i imPnfi rmm�lPtinn July 16, 1997 August 20, 1997 September 17, 1997 October 15, 1997 November 9 9, 1997 December 17, 1997 Other dates to be announced in 1998 January 1, 1998 to September 30, 1998 October 1998 3.06 �400_00 absorbed $5000.00 $3200.00/meeting $36,000.00 $12_,000.00 �2,000_00 Coo�dination with Metropolitan Council Staff Public Hearing with City Councii, mailing, publishing notices, meeting preparation, staff time Document modification based on citizen input and public hearing outcomes Final Publication of Document costs include: printing, binding, distribution {100 ' copies at $34.00) Ex�c�t;ve S�r„�^;a y f�r Public Distribution {i per I househoid) 12,000 a� .74 i Total Cost CITY OF FRIDLEY STAFF JULI" 1997 On-going July 1997 to Document comaletion November 1998 November 1998 Upon City and iv'icifvj�viitai i vvi.l7Cli Concurrence and Approval of finai document ',,�vi � �v+i3j1i8iiu; � a�:U approval of final document 3.07 $2,500.00 $2,000.00 $2,500.00 �3,400.00 �8,8GO.uv $74,600.00 MEMORANDUM PLANNING DIVISION DATE: August 27, 1997 � TO: . William Burns; City Manager��` FROM: Barbara Dacy, �ommunity Development Director Scott Hickok, Planning Coordinator Michete McPherson, Planning Assistant SUBJECT: Approve Comprehensive Sign Plan for 7651 Centrai Avenue Able Property Management, Inc., has submitted the attached comprehensive sign plan for the building located at 7651 Central Avenue. The owner proposes to remove the existing roof sign, as well as the sign or� thefasci-a board-�n tieu of three new internall.y- illuminated cabinet signs (see attached elevation). . Each sign measures 32 incMes high by 8 feet wide (21.3 square feet). The total square footage does not exceed that permitted bycode (120. square feet). The owner will _ require pre-approval �o#:new #ext_or:graph- i�s: st�aukd �-#�t�t�cfi�ng�e°v�rthin=the - .- - -- building. All tenants are required to receive�the ��propriatE �ity sign permits., Tt�� City Code does not allow a#ree-standi�g�ig��l��igng�re� us�#tt::' �h��=� �he thr-� -== �., signs (64 square feet) is Jessthar�-ihe�sc�tc�f�e'� al�i�t��#��`�'t�dir��s�n:= --- -- -` Staff reeommends a stiputation orrtt� . ��' ' -��'��" .. � � �t., �:-:. _ :,._�;_..._., _. of a free-standing sign at this locatio�: �=�•r n�«� T�" - Recommendation Staff recommends that the City Council approve the attached comprehensive sign plan for 7651 Central Avenue with the following stipulation: MM:Is M-97-365 No free-standing sign shall be allowed at this site. 4.01 N//2 SEC. /2, T. 30, R. 2 4 � C/TY OF FR/OLEY �21 � - , , 7�s� e�u� _ . ��L � 2+ , � � �2 t j N I R , SE / - .�i �".i�� '�=A�R jY 1, . 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' .. r �- .. � `�� i 3`J�� y,> � '9 ' 1- � !ro : � z s �s •(�� G�>r(�> „� ��> l��io� (�� <. � �� ^ 17 �� _ � � � L(/�lO "t�s` w � '��. .: ,o i� iz ��z _ ,_ ,�, ' � �.L� � 34�` _ �I � � i nr /' _ z ; ?':; P _.' , - ,�,� � � ��---�--{ _� ' , �a i � v�. � � � 73 I/2 o AVE „N.E. ' � � � rf�, �, � � �� .t . i � ' . ., � . �.n� � _ Cf� a r :�, � �� ?� � l� � � � ,=' , A S �� r ; :a � � , �9 a s t�^� � � y � =ts� ,- .,� �„�.,,��,, � -2 23 � 25 `' 27 29 �„ r� "' �, �'P � Z 3 4. 5. F �' B'� � - _ - � [1� lS) r ��' � /�) � i �� (Pl kM�. �u �a'°'y� ��'� � K� � ' �� M . . . � � � io /i / v - ia' is iF ,� ': p; � > ` _ � .J r�,• �7 . , ' �2 � . L � ; . - �;✓„ � 9 � I .� ;� � . �+� ;, ... NO r � � -'-_ ' .-.. �" . : ;..;. _� � . �.. -_ ��_ ..__�:� e t - - . , . H i � � . _ � �_i. � 6 . iL__• �'---- :_ -cE,v�Ea� £OttN�YS�kTE Atfl+ft6i4WAY 1�IU.$- --�3-{�p ' ' „ , - , . - ,--.`-`'�- c 12 'SFC./2) _—�k�/� - . . _ -__ � %24j � 3 �� i3� � 4.02 ABLE P�ZOPERTY MANAGEMENT, INC. C:�muri��i-cinl • R�sid�ntinl • C)f/ic�� I'[:�)['ERTI' MANAGEMFNT August 25, 1997 Michelle McPherson City of Fridley 6431 University Avenue Fridley, Minnesota Re: Sianage at 7651 Old Centr;:! Dear Michelle, We are planing to replace and modernize our signage at the above address with three new cabinet signs measuring 32" x 8' long. Each tenant will be providing their own graphics which must meet the approval of this office (the building owner) and be in compliance with City standards. All future sign changes will be handled by the tenants through the City of Fridley process. Shoul�d you have any questions, please feel free to contact this office. Most Sincerely, Tim Chies UrPT��Pn} 9920 ZfL1,A STREET N(�RT! 1�Y'EST • CCX A IDS, MINNESOTA ii433 •(G12) i�-�-0743 ��G. � TL'' �-t'1 ��e � c(� "r'i� % y _ �� <4 P_i. 5 1 J � �� iZ �� , � . ��//j // % ! `F% ".J f � � �{J7 �� I"� �. ��. �`J` � (p � �� vj 2 . ; �� - � ,� � � �:=' ' ;1 �> � r <, � l�_ ;,�,• � � D!1/ISION OF GULF INDUSTRIE � � � S Gulf Industries is a privately owned company. Founded in 1964 in Los Angeles, Galifornia, by Kozell Boren. It was Mr. Boren's desire to provide chain / franchise quality signage to the independent business owner. Over the past 31 years Gulfi has evolved and progressed through many levels o� innovation. Gulf generally sets the pace for "State of the Art" products and construction tech�iques. � As of May 1995 aii of our modeis have been transitior�ed into the curre�t State of the Art" cons#ruction: 1. Our sig� frames (cabi�ets) are made of heav�r gauge exfruded, anodized aluminum witt� a beautifiul brushed finish. Each frame is uni weided into a one piece frame buiit to hurricane force specifications. 2. Our faces {�anels) are detaii vacuum-#ormed whit� Lexan and are uncondifionally guaranteed against breakage for 3 full years, including vancialism. 3. The paint w�rk is done with a polyurethane type paint which wiil not crack, peel or fade. 4. Our electricai systems are UL approved and alf pig-tailed out to a� on site swi#ch for maintenance. Gulf is the only company vacuum-forming standard detailed pictorial illustrations to specific customer requirements. The high visual impact of the pictorial iilus#rations is evidenced in the billboard industry and substantiated with our EYCOM signs by customer testimonial. This in a"mass production" setting providing totally unique signage possibilities at affordable prices. �124 C�uebec Avenue, #2Q6, Minneapoiis, MN 55427 4.04 • s',� � :� � � �� .;,-r , �-� �� .� � � � � x -� ��-�; � r�r�'�` s .z �� « � ��.� �� ff ��. ; F ' � t � � � � , . �_'•,��. N �,� ° , �.y, ��. .,._ _ : s+ec,�. -= ��sr��o�� g � �� -�_ �,�m`.�_ � ` � � � � �� _ r ,� . . . — _ . " _ _ "_ - > ; . ' -., � `� .:' ' � . _ ' ,ry ,. � . .. � '; �( � . #T, i�� " . .. � . ;� �'j'! �y . �, Y�� "� � > x ... : �..�_, . . ; .�.,,:�_�t�-sri;.' - :. � , � . . . � � ,`��. .i �' a �' i.. � �- `'` � �. � � �y � � � y� N ` � R)' 3' � � 3 �` `LY� "� � � - _,, �� `�'� �� r�� :� r r �5 � < � � � �� "? i c�� ? �. 4�,�pR ;,{ �3 �^ R ! � ti3� � y . A � ; � � ��, a� i . : f � � 2 �� ; �{� � 3 �,p C� � - v � .t , l S,�i� i� y } J h � ' � 5�,„. � :' �� .� t '. �.�� _° � ;`:.'$.,�:`2K�_i, fi.+�,.ti'i'�`£�st`�``"" $'w`t� :S:i�. �?`.,.. "�'. d'e`�S"�ia`�#�e`'4�'.+�i`,i?ti�.�k�s' � ��, :'s�4 � _' �; ,�� ,,. �� _ � i ' � 4 ;x — � � :� � _ �^ � �..^� J �� # �£ _ 4 �_ Y � . -. _ _. � � �� i f � ."� , �..�-.'�' . �� '� d� � � � {1* -r •3 - - r .is ,� ar hY � � x � 1 y *�, z3�.- -� _ � � ��• � �,.��`3;¢ � - - :i� - = �'- v� '� �� - - _ g a � ' � � °e �� A �s '� $ _ . ' � a` "� '4` a� .� ` �,� vi} , `� _ „4 b��,- ,y •�' .k� �. �.. Y � �" _ " � - '� .w H Y: .. - :, � .� �' �n :. _ - f 4 '.� x � �.. ��-t^ w.'-�'�'n "-+s ��y � `v , �-_ z �°a i� _ �'$ � s't � ". , i`' �'..�.�...�..'"e,: .�.. . � _ �"' w �-;� �.*,..� �• � o°. x °�- � T�� - F �� - � � --- _.Y� � � .��...__. �_ -. ,� �'.`�� '�- � ��'"�? n ,h�� _ "x+?SY3?f3r ^�^�'�,' � �� '� ':� v9 • y6 � •.� � .�< �= _� �� fi :s � � - � . � p : � . t .f .T+ � , �. t \yT t'.a.� '��'� : l� MEMORANDUM PLANNING DIVISION DATE: August 27, 1997 ff; TO: William Bums, City Manager ,�� ` �� FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant SU�JECT: Approve One Year Extension for Variance Request, VAR #95-24 On August 26, 1996, the City Council approved a one year extension for variance request, VAR #95-24, �by Kenneth Anderson. Mr. Anderson, 132 Rivers Edge Way, . . _--- _ .. received the variance to allow the cor�structicm-�f.a-- rch;=and� ��- -�� - - � A� � -, -_ 9arag� �.AGgt�t 2�; . , 1997, Mr. Ande,rson. cequested-an e�crsie��s-�varran�: �-1� li�� teen.v�ioi-fciFrg virith :-`� � ��-- the City's Remodeling Advisor,:Margare�Me�zdorf�, and7e�ently deterrrti�ed-tha� '= �- - -- substantial improvements fo the main structure need to occur priorto construction of the addition. Mr. Anderson has requested a one year extension to August 26, 1998, which would be one year from Mr. Anderson's current extension. The CounciPs approval will need to be retroactive to August 26, 1997. Recommendation Staff recommends that the City Council approve Mr. Anderson's request for a one year extension to complete a porch and garage addition at 132 River Edge Way. MM:Is M-97-363 5.01 ` L � � .� /ji , � %, � , , � �.�.�, �� z % i , / r/ / f/ �% i � �' �� _ '� . � .J�.%� .. � _ L �,��-�'� - �,i' �� /� ; i; �'i i f/.�C� �.�'�uil ,� �_ L ,�� l/f� ,Y,; / _ `ji" 1 ! �' ��'�� /� % , � �l-_- /� � � � �' � � � , , • .� � j� � , � ,� . � `,� �, .,'`:r' �f ��:� ' �-, �-_� �� " -z,- ; ; �� yy�--�z-�{� =- ; � ;' �� j � �— -� � � . ; �--�,1 __ � ; . .;: � , ,,, . �� .� /��!�%��=�ti-�� ,� � �.�� . _ , � � i ,%'.�/`�i , % � . ?' � j' � � . � �� c!�% � ��-' � r T . �' ��E"c_� � �l ` i ti- � - � / _ /� `�//' /,� /'�/!i� ,,��G'� L�"��Ti��"�� `\ ;�'�= � �-- C � '�',� �' `" „ , , /,, / ��, � ; >�� ,�%'u;�/1 -,��',�;°�� =�-�c:��;' `� (�� -,�, :� ,� � � �� / L�/' G , � _ � //�� ' . � �� % /,�'� '' '�.��-�`i'"1% L� G � �' 1 C� (j� 1 � �� zi �-,� ' <_; ,�s=�'�r.�-' � �� - � �, =� . �.�-�/'.-��C!�� ,� _ / �� C?�' (�'�� ,�1 � i( � � ;�f� �. ��i� // // r r 1 � / ' h y ��j I 'ry f� • �.si � _ � :� ,;f` �, .,�;,1 , � c_ `�� - �, , . � - .- . . ' j' . � � �. 4�,,� ; S r--- ��\�-� � �� ` ,_;;r( ' / � ' / �"�, C.�J , � , - / ,; j 5.02 �'f �:; !`,i+;��Lh� i� �F::i'p.•; - 3: * : 'y'A'- • , FRIDLEY �ti1UN4CfPAL CENTER •(,�131 UNIVERSITYAVE. N.E. FR[DLEY, MN 55432 •(61Z) 571-345O • FAX (612) 571-12R7 May 16, 1997 Kenneth Anderson 132 River Edge Way Fridiey, MN 55432 Dear Mr. Anderson: On May 14, 1997, 1 inspected your property to determine if construction had started on your new garage. I observed that construction had not occurred and that your existing aarage is falling under disrepa�!-. Tnis leiter is to remind you that your one-year extension will expire on August 26, 1997, and to request that you repair the existing garage door in order to provide a weather- tight seal. If you have any questions regarding this letter, please feel free to contact me at 572-3593. Sincerely, Michele McPherson Planning Assistant MM:Is C-97-71 5.03 Parks S�rcets VlalnlennncC MEMO TO: William W. Burns, City Manager �� FROM: John G. F1ora,�Public Works Director DATE: September 8, 1997 SUBJECT: Storm Damage Policy The attached storm damage clean up policy is submitted for Council's adoption. The policy calls for the establishment of an: • Emergency • Identification of the affected area • A clean up period PW97-241 • Limits the residential, commercial and indusirial support to tree branches stacked on the boulevard within the designated area during the designated clean up period. Recommend City Council adopt the Storm Damage Clean Up Policy and authorize publication for publicity and finally incorporation in the City newsletter. JGF:cz 6.01 CITY OF FRIDLEY STORM DAMAGE CLEAN UP POLICY PURPOSE Public Works Policy No. 97 - The purpose of this policy is to define and standardize the action the City will take in reference to emergency storm damage clean up. POLICY • In the event of a severe storm the Public Safety Director, or designee, will determine the need to declare an area as being an emergency storm damage site. • Upon declaration of the emergency, a damage assessment will be madP by the City. • Based on the damage assessment, the Public Works Director, or designee, will determine what action the City will take in a brush clean up effort and establish the length of time the clean up effort will last. � The City wiii remove or trim damaged trees wnicn are iocaied in ine public right-of-way or City park property. • Residential, commercial and industrial properties with damaged tree branches can cut and stack them on the boulevard in front of their property for removal by the City during the clean up effort within the designated storm damage site. • The City will not be responsible for removal of private tree trunks. • The City will not be responsible for brush pick up after the established clean up date. • Properties with building damage will be responsible for building material clean up and disposal (insurance companies will pay for this). � The City will make available to property owners any information it has available regarding contractors who may be able to assist in the clean up or restoration activities. • In the event of a major disaster, the City will request additional help from other government agencies and volunteer organizations. ADOPTED THIS DAY OF _ , 1997. : 1 i City of Fridley MEMORANDUM TO: William W. Burns, City Manager �i" i � FROM: John G. F1ora,rPublic Works Director DATE: September 8, 1997 SUBJECT: I-694/TH 47 Ramp PW97-235 Barton-Aschman was retained to design the I-694JTH 47 NE ramp improvement project. This project was to be completed with the assistance and support of Mn/llOT. To complete the design, Barton-Aschman identified additianal cost of $ i 3,045 as a mearis of satisfying Mrv'DOT's requiremenis. I submitted a letter to Mn/DOT requesting their participation in this additional cost. I received con�rmation from Mn/DOT that they will, provide an additional $9,137.77 for these costs that they believe are a result of their actions. This leaves an additional $3,907.23 to be covered by the City. As this is incidental to the overall improvement, I would suggest the Council approve these additional costs to the Barton-Aschman agreement. Sufficient funds from HomeDepot are available to cover this increase. JGF:cz 7.01 ,,;;:;;' C�� F FRl DLEY 1=Rfi)L1:1' I��IUNfGY,�L CE�\'"I��K •(��;I UNNERSITI' �1VE. \.E. 1=RiDLEY. �1�V i�-li? •(C,I�I i71-3�i(1 • F�X (G12) S71-I?ti7 July 25, 1997 Mn/DOT Metro Division Mr. Greg relt Waters Edge Building 1500 West County Road B2 Roseville MN �5113 Subject: Additional Design Costs: I-694 NE Ramp to TH 47 Dear Mr. Felt: PW97-108 Attached is a copy of a letter from Barton-Aschman for additional costs of $13,045 to complete the design of the I-694 NE Ramp to TH 47. As noted in the letter, Barton-Aschman experienced additional cost due to a failure of Mn/llOT to provide as-built information regarding the highway and ramp, signal, drainage and lighting on their right-of-way. Accordingly, Barton-Aschman was required to develop this information to obtain Mn/DOT approval for the project. While the City is responsible for paying the design cost for the project, I believe this additional cost of $13,045 is �a direct result of Mn/DOT failing to provide their information for their review. Accordingly, I would request Mn/DOT cover these additional expenses. � If you require any additional information regarding this item, please contact me at 572-3550. Sincerely yours, � �� —�-�_--- / ` ` John G. Flora I :�irector of Public Works JGI=:cz Attacll�ri�nt cc: ;`B Dacy/City of�Fridley'' 7.oz :.:.-.?,' �^5C'a ,�-:,r:"'�f �rrb` rs''z;y„ r•. ,.�.,aw �-'' t . . ; �rr[ �.,2� a� - '.�, �i 'e;ac}�.. t.v.�9e.,�'.:....�,'si� F5� 13 .ca�/'-o+' �icS"= .. `:$� .os_, � -- ::��. - i"1 t/i�i! ;� :'.:;._,�.�.� ' �-- .. � �lriCirl-ASf.:lril�lrl 1�S�J:.Ci:�•ti .• �...� t:� •.. .u:�;� � 'Ot!�71�1f.. July 1G, 1997 Mr_ John G. Flora, P.E_ Director of Public Works City of Fridley I� ridle,y Municipal Center 6431_ University Avenue NT Fi-idley, NIN 55432 Re: Request for Supplemental Compensation for Design Services I-694 NE Ramp to TH 47, Ramp �Videnin� Dear i�Ir. Flora: L�c1I'LOIl-�SChI17aI1 IlAS C��Tl'•.L�£l�i.i.L:. u�� "` _ _"i: r•^,� �,1:, <{,�L,a y-pfn_•An�n�� nT-�iiF?rt. ail�j 1C 1' '� � � r hereby requesting.compensation for additional design services necessary to complete the COriSi.I'liCtlOri C�OCi11112IItS. �1.�T12 SCU�E.' Of SE:1'VICC� 't(ii',iii`,iii2Ci iil t�:li' 2�T:'°�:??�I?L 1V�iS iJd�t�u i�ll �i,iic following assumptions: • As-built plans would provide adequate information for project basemap. Field survey would be limited to verification of utility elevatioins. • Signal design would be limited to the northeast ramp approach to TH 47 and minor signal head revision at 57th Avenue NE. • Drainage design/analysis �vould be limited to minor modifications of existing drainage ' structures and extension of e�sting outlet pipes. • Necessary revisions to the lighting system would be sho�vn on the signal plans or removal plans_ Based on the assumptions made to prepare the original scope of services, the follo�ving items are considered additions to this scope: l. 'I'opograpluc su�-vey Lo create a surface ciiodel fo�- generation of cross-sections <i�id � earthwork computation_ `L_ Detailed <: zalysis of draina;e i�evisioiis a�ld design of storm se�°•er �ti°stem to alLo�v fi11ix1g of tlie ditch �ilotlb tlie tlo►-t.li edge of the �videned ramE�_ 3!_ � I� ield veritic�ttiou ot� in-��l;ace sir;nal system and "('r<it�ic M<ina;;emi�nt Centc�r ('1'N1C) facilitics <�t the [-(i9�1�PCIl� �97 nortlic�isL ranlp intersectic�n. � 4_ i�)e,i;;n ��(�x con��>leLc n��• �i��ii:�l inst.:ill:�tiun ,tt. tl�it f-(i�)•1/"l'I! -17 n��rtl��:isi, r:ini�� ii�l,i�r�c�t.inn_ :�� 7.03 � Mr. John G. Flora, P.E. July 16, 1997 Page 2 ' 5 Preparation of a revised lighting system plan for the I-694/TH 47 northeast ramp. 6. Preparation of a signal interconnect plan for the I-694/TH 47 northeast ramp. The hours required to complete the additional design tasks are summarized on the attached spread sheet. Additional compensation in the amount of $13,045 is requested for this work. The additional compensation along with the original compensation amount of $38,612, results in total compensation of $51,657 for the engineering and design survey work. After your conciu•rence with this request, Barton-Aschman will send an invoice for the additional services. Please contact me if you have any questions regarding our services or this request for additional compensation. Sincerely, BARTON-ASCHMAN A,SSOCIATES, INC. � ��,: CErf�y�//f r'��/f�; �/ enneth W. Horns, P.E. Principal Associate KWH:kro 15111. KW H 7.04 � %' r � � � _ � � � L (� � � � V �f) � - O � � .--: .--i N (/3 < . � L' � � .� � d- _ _ �: � � � � o . N . O � � w w � Z V � w L� Q Z C � C C a < � � F- � i � � ) ��NNESOf 1 �° o �y' OF �'NS ff Minnesota Department of Transportation Metropolitan Division Waters Edge 1500 West County Road B2 Rosevilie, MN 55113 August 15, 1997 Mr. John Flora City Engineer 6431 University Ave. NE Fridley, MN 55432 RE: Ljear Ivlr. 1=iora: S. P. 0205-71 TH 47 at I-694 Northeast Ramp Project Cooperative Construction Agreeinent No. 76204 582-1370 This Ietter is in response to your letter dated July 25, 1997 in which you requested that the State participate in desi�n engineering costs that were the result of plan modifications required by Mn/DOT. Your request has been reviewed and it has been determined that Mn/DOT did require plan modifications in excess of the original project scope and that tt�e �ity �e;erves compensation for thai woric. �iowever, aot all oi the costs requesied by Barton-Aschman were the result of plan modifications. The topographic survey work; portions of the drainage analysis/design, and the signa: system field verifications are all items that are necessary to complete any road design project of this magnitude. Attached you will find a revised "Additional Cost Breakdown" that Mn/DOT has prepared which shows the costs for the extra work that was the result of plan modifications. This additional compensation will be $9,137.77 which will be handled in the following manner: � 1• A policy deviation request will be submitted for Mn/DOT's participation in the design engineering costs associated with the plan modifications. 2- Upon approval of the policy deviation request, the additional cost will be added to the Schedule "I" of the existing construction agreement. 3• Payment for this work will not be made until the project is completed and the final has been prepared which includes the City's receipt of the final Schedule "I" and the invoice from the City to the State requesting final payment. If you have any questions or require additional information, please contact me. Sincerely, , Greg F , p_ . Assistant State Aid Engineer Metro Divisioci Attachment: Mt�/DOT Design Engineering Cost Breakdown ��: Bob Brown, Metro State Aid Steve Kordosky, Oakdale Construction Greg Coughlin, Metro State Aid Pat Scl�rader, Mun. Agr., M.S. 682 Lynnette Roshell, Metro Traffic Dave Nelson, Barton-Aschttlan Project File An equal opportunity employer 7.0c V � � �, � � � bA � � � � ^O F� � � W � � � � � V � � � O � E-� � A A � � � E-� O A � � � �° � w � 0 a� > � � x �. ,� o �3 � �. x ° _� H�. o U � � �n � 0 0 N O �� '.� � � CITY OF FRIDLEY M E M O R A N D II M TO: AII,LIAM W. BIIRNS, CITY MANAGER � FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR WILLIAM A. CHAMPA, CITY CL�RR SUBJECT: RESOLUTION AIITHORIZING WARD 3 PRECINCT 1B AS A MAIL BALLOT PRECINCT DATE: SEPTEMBER 4, 1997 At the August 25 City Council meeting, Ordinance No. 1101 was passed to create Ward 3 Precinct 1B for the land annexed from Coon Rapids. �ince this precinct meets the criteria.for a mail ballot precinct, Council expressed a desire to proceed with steps to register as a mail ballot precinct. Attached is a resolution-that establishes Ward 3_Pr_scinct 1B.as a _ mail ballot precinct. If- th�s resolution` is -g�ss�ed-;:- i'�= �n�ist--'t-�e�--- -- be f orwarded on to Anoka Courity =-=f or - approv�l .- by ' the �- G�ernme�� - - Services Division Manager. Attachment 8.01 RESOLUTION NO. - 1997 RESOLUTION ESTABLISHING WARD 3 PRECINCT 1B AS A MAIL BALLOT PRECINCT WHEREAS, Ward 3 Precinct 1B was established by Ordinance No. 1101; WHEREAS, Ward 3 Precinct 1B, with less than 50 registered voters, meets the criteria of State Statute 204B.45 subdivision l, as amended by the 1997 legislature, that allows a mail ballot precinct; NOW, THEREFORE BE IT RESOLVED by the City Council, that the City of Fridley authorizes mail balloting for Ward 3 Precinct 1B contingent upon the approval of the Anoka County Government Services Division Manager. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS j�py pF � i�97_ ATTEST: NANCY J. JORGENSON - MAYOR WILLIAM A. CHAMPA - CITY CLERK �: / MEMORANDUM � � FINANCE DEPARTMENT ! CITY OF FRIDLEY � � FROM: �� WILLIAM W. BURNS, CITYMANAGER �I RICHARD D. PRIBYL, FINANCE DIRECTOR RICHARD D. PRIBYL FI1Vi11VCE DIRECTOR SUBJECT: RESOLUTIONREAUTHORIZING OFFICIAL DEPOSITORIES DATE: SEPTEMBER 4, 1997 The attached resolution designating the official depositories also defines the names of the City officials that are authorized to sign checks for the City of Fridley. With the personnel change in the Assistant Finanee Director position, a correction must be made to the resolution that was originally passed by Council at the first meeting in January, 1997. Tne oniy cnange to tne resolution is to include the Assistant rinance Director, Susan Lemieux, as an official signer. Howard Koolick, past Assistant Finance Director, resigned before the first meeting in January so his name was not included on the Depository Resolution. With the addition of Susan's name the City is provided with the necessary three authorized signers. Staff is recommending the approval of the attached resolution. RDP/me Attachment RESOLIJTION NO. - 1997 Ri3SOLUTION DESIGNATING.OFFICIAL D}3POSITORI$S FOR TH$ CITY OF FRIDLEY I, Richard D. Pribyl, do hereby certify that I am Finance Director- Treasurer of the City of Fridley, a corporation organized under the laws of the State of Minnesota. I further certify that at a meeting of said corporation duly and properly called and held on the 14th day of April, 1997, the foliowing resolution was passed; that a quorum was present at said meeting; and that said resolution is set forth in the minutes of meeting and has not been rescinded or modified. IT IS HEREBY RESOLVED, that Norwest Banks is hereby designated as a depository for the funds of this corporation. IT IS FURTHER RESOLVED, that checks, drafts or other withdrawal orders issued against the funds of this corporation on deposit with said bank shall be signed by two of the following: Richard D. Pribyl, Finance Director-Treasurer Susan K. Lemieux, Assistant Finance Director William W. Burns, City Manager and that said bank is hereby fully authorized to pay and charge to the account of this corpora�tion any checks, drafts, or other withdrawal orders. BE IT FURTHER RESOLVED, that Norwest Banks as a designated depository of the corporation is hereby requested, authorized and directed to honor checks, drafts or other orders for the payment of money drawn in this corporation's name, including those drawn to the individual order of any person or persons whose name or names appear thereon as signer or signers thereof, when bearing or purporting to bear the facsimile signatures of two of the following: Richard D. Pribyl, Finance Director-Treasurer Susan K. Lemieux, Assistant Finance Director William W. Burns, City Manager and Norwest Banks shall be entitled to honor and to charge this corporation for all such checks, drafts or other orders, regardless of by whom or by what means the facsimile signature or signatures thereon may have been affixed thereto, if such facsimile signature or signatures resemble the facsimile specimens duly certified to or filed with Norwest Banks by the City Clerk or other officer of his corporation. BE IT FURTHER RESOLVED, that any and all resolutions heretofore adopted by the City Council of the corporation and certified to as governing the operation of this corporation's account(s) with it, be and are hereby continued in full force and effect, except as the same may be supplemented or modified by the foregoing part of this resolution. 9.02 Page 2- Resolution No. - 1997 BE IT FURTHER RESOLVED, that all transactions, if any relating to deposits, withdrawals, re-discounts and borrowings by or on behalf of this corporation with said bank prior to the adoption of this resolution be, and the same hereby are, in all things ratified, approved and confirmed. BE IT FURTHER RESOLVED, that any bank or savings and loan may be used as depositories for investment purposes so long as the investments comply with authorized investments as set forth in Minnesota Statutes. BE IT FURTHER RESOLVED, that the signatures of two of the following named City employees are required for withdrawal of City investment funds from savings and loan associations: Richard D. Pribyl, Finance Director-Treasurer Susan K. Lemieux, Ass:.stant Finance Director William W. Burns, City Manager BE IT FURTHER RESOLVED, that any brokerage firm may be used as a vendor for investment purposes so long as the investments comply with the authorized investments as set forth in Minnesota Statutes. I further certify that the Council of �this corporation has, and at the time of adoption of said resolution had, full power and lawful authority to adopt the foregoing resalutions and to confer the powers therein granted to the persons na�ned who have full power.and lawful authority to exercise the same. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF SEPTEMBER, 1997. ATTEST: WILLIAM A. CHAMPA - CITY CLERK NANCY J. JORGENSON - MAYOR 9.03 / ` �,-� o� FRIDLEY GAS SERVICES Alta Mechanical Contractors 19260 Mushtown Rd Prior Lake MN 55372-8897 LICENS�S SEPTEMBER 8, 1997 GENERAL CONTRACTOR-COMMERCIAL G & S Roofing Inc 2831 12 Ave S Minneapolis MN 55407 Wilson P L Contracting Inc 4o3v iiaiiey Forge �n iv Plymouth MN 55442 Phillip Grendahl Charlie Gumingo Denny Wilson GENERAL CONTRACTOR-RESIDENTIAL Attleson Peter Contractor (20098630) 3916 Willow Rd Brooklyn Park MN 55443-1238 Peter Attleson Cropper Contracting (5375) 3043 120 Ave NW Coon Rapids MN 55433 Kiphuth Karl Construction (20065378) 1 1227 Garnet Ct St Michael MN 55376 New Life Builders Inc 4053 Genie Drive Anoka MN 55304 Northern Sun Builders (6526) 772 Mississippi St NE Fridley MN 55432 Wills, Greg Exteriors (20037840) 4246 Royce St NE Minneapolis MN 55421 William Cropper Karl Kiphuth Dave Dutton Pat O'Loughlin Greg Wills y �.�2 RON JULKOWSKI Building Official RON JULKOWSKI Building Official Same STATE OF MINN Same Same Same Same Same HEATING Alta Mechanical Contractors 19260 Mushtown Rd Prior Lake MN 55372-8897 PLUMBING P& D Mechanical Contracting Co 4629 41 Ave N Minneapolis MN 55422 Phillip Grendahl William Daugherty 11.03 RON JULKOWSKI Building Official STATE OF MINN � ESTIMATES � SEPTEMBEB 8,1997 CITY OF FRIDLEY • Allied Blacktop Company 10503 - 89th Avenue Maple Grove, MN 55369 1997 Street Improvement (Sealcoat) Project No. ST. 1997 - 10 FINAL ESTIMATE: . . .: . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 13,634.06 Richmar Construction, Inc. ?775 Alden Way N.E.. Fridley, MN 55432 Filter Design and Construction; Well No. 12 Project No. 293 FINAL ESTIMATE : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 80,016.39 Hardrives, Inc. 14475 Quiram Drive Rogers, MN 55374 Central Avenue Bikeway/Walkway _ Project No. ST. 1994 - 2 ' Estimate No. 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50,594.15 Frederic W. Knaak, Esq. Holstad and Larson, P.L.C. 3535 Vadnais Center Drive St. Paul, MN 55110 Services Rendered as City Attorney for the Month of August, 1997: . . . . . . . . . . . . . . . . . . . . . $ 4,250.00 12.01 CITY OF FRIDLEY PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION 6431 University Avenue N.E. Fridley, Minnesota 55432 Honorable Mayor a�d City Council City of Fridley � c/o William W. Buins, i:ity Nlanager 6431 University Avenue N.E. Fridley, MN 55432 �Jtl^Cll :Yi: :11'17�.8: September 8, 1997 ` � � � ► �\� � We hereby submit the Final Estimate for 1997 Street Improvement (Sealcoat) Project No. ST. 1997 -10, for Allied Blacktop Company,10503 89th Avenue, Mapie Grove, MN 55369.. We have viewed the work under contract for the construction of 1997 Street Improvement (Sealcoat) Project No. ST. 1997 - 10 and find that the same is substantially complete in accordance with the contract documents. I recommend that final payment be made upon acceptance of the work by your Honorable Body and that the one year contractual maintenance bond commence on September 5, 1997. Respectfully submitted, �,> i� i�� / �`'' �_��__----- �/John G. Flora Director of Public Works .iT:cz , Prepared by:_._,� __-�__ - %D7.-� � \ �� Checked by._-. _ C-'_ �,- --- -- --- -- 12.02 September 8, 1997 To: Public Works Director City of Fridley REPORT ON FI1�[AL_INSF�CTION_F_QR CIT�OF FIZIDL•�Y 199�TRF�'� IMPROVEME;vT (SF_ r�i rOAT�PRO E�T NQ._ST_.._1927 - 10 We, the undersigned, have inspected the above-mentioned project and find that the work required by the contract is substantially complete in conformity with the plans and specifications of the Y r0) ��I. All deficiencies have been corrected by the contractor. Also, the work for which the City feels the contractor should receive a reduced price has been agreed upon by the contractor. So, therefore, we recommend to you that the City approve the attached FINAL ESTIMATE for the contractor and the one-year maintenance bond, starting from the day of the final inspection that being Se�t�mber ,._] 997. ' ... _ � hompson, Construction Inspector C�. � n.�;�. �� Cs�,�.-� Contractor Representative, (Title) 12.03 September 8, 1997 City of Fridley 1997 STREET IMPROVEMENT (SEALCOAT) PROJECT NO. ST. 1997 - 10 CERTIFICATE OECONTRA�T4R This is to certify that items of the work shown in the statement of work certified herein have been actually furnished and done for the above-mentioned projects in accordance with the plans and specifications heretofore approved. The final contract cost is $120,811.76 and the final payment of $13,634.06 for the improvement project would cover in full, the contractor's claims against the City for all labor, materials and other work down by the contractor under this project. I declare under the penalties of perjury that this statement is just and correct. ALLIED BLACKTOP COMPANY p� � � . Pete Capistrant, Project Coordinator 12.04 September 8, 1997 City of Fridley 1997 STREET IMPROVEMENT {SEALCOAT) PROJECT NO. ST. 1997 - 10 PREVAILILYG �A.(�F._V_F_.IZiFl�ATLOL�I This is to certify that Allied Blacktop Compariy has abided by the Prevailing �Vage Provisions as specified by the Minnesota Department of Labor and� Industry for Anoka County. I declare under the penalties.of perjury that this statement is just and correct. ALLIED BLACKTOP COMPANY �i�- 9yl Pete Capistrant, Project Coordinator 12.05 C(TY OF FRIDLEY PUBLIC WORKS DEPARTMENT 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MINNESOTA 55432 FROM: City of Fridley Engineering Division T0: Hono�able Mayor and City Council City of Fridley 6431 University Ave, NE Fridley, MN 55432 Oated: September 8, 1997 i ::��::�::::;�:::::t:>::�=�:: ;:::=::�::::� � :::::: :::::::::::::::: ' Contracf Item: I f Seaicoat with FA-3 modified �Additional Oil Sweea �zfore seafcoat appiication Sweep after sealcoat application 30 in. x 30 in. ioose rock signs � Deduct for rock SUBTOTAL TOTAL � SUMMARY: !, �riginal Contract Amount �ontract additions: CO 1 :antract deductions: ievised contract amount Value Completed To Date Amount Retained (0%) Less Amount Paid Previously AMOUNT DUE THIS ESTIMATE Estimate No. 2 �FiNAl) Period E�ding: September 5, 1997 For: Allied Blacktop Co. 10503 89th Avenue Maple Grove, MN 55369 1997 STREET IMPROVEMENT PROJECT (SEALCOAT) PROJECT NO. ST. 1997 - 10 Job Code: 556-0000-415- 4340 - 9702 (City) Job Code: 556-0000-475- 4340 - 9703 (MSAS) STATEMENT OF WORK 'Est i. mated QuanYitY Uf[i 220,685.0000 SY 220,685.0000 SY ZZt�,OLS5.OGOU JY 220,685.0000 ISY 40.0000 � Each 220,685.0000 �SY vRr :'�: .. :,:. .:.:` ::.. :.: :.: . .:..::...__.= � T . . . . . . . . - - ---��-- "�::::• : :: =:'::•�:::�::::• ::::::::::::::::::::::::::::<:: �?is i h�s TQtal Price 1 Estiri�ats Esiimate Total Amo�nt 0.4470 0.00 0.00 �228,375.00 I 102,083.63 0.0375 0.00 0.00 228,375.00 8,564.06 0.0100 0.00 0.00 �228,375.00 2,283.75 0.0350 228,375.001 7,993.13 228,375.00I 7,993.13 40.0000I 0.00 0.00 40.00 1,600.00 10.0075)) 0.00I 0.00 228,375.00I (1,712.81) 1 51 10,177.01 10, 640.00 120, 817.01 120,811.75 0.00 107,177.69 S 13,634.06 12.06 $7,993.13 5120,811.75 CERTIFICATE OF THE CONTRACTOR I hereby certify that the wo�k pe�formed and the materiais supplied to date under the terms of the contract for this project; and ail authorized changes thereto, have a� actual value under the contract of the amounts shown on this estimate (and the final quantities on the final estimate are correct►, and that this estimate is just and correct and no pa�t of the "Amount Due This Estimate" has been received. By �C�_ /�� \ iJ : C C��CGS i d twfi Contractor's Authorized Representative (Title) TE OF THE ENGINEER hereby certify that I have prepared or examined this estimate, and that the contractor is entitled to payment f this estimate under the contract for reference project. ITY OF FRIDLEY, INSPECTOR Date � � � V � �z. Z- - Respec�fully Submitted, , ; �. \ J / � w � � / / L � hecked By �---� John G. FIo a P.E. . Public Works Director 12.07 CITY OF FRIDLEY PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION 6431 University Avenue N.E. Fridley, Minnesota 55432 Honorable Mayor and City Council City of Fridley clo Wiliiam W. Burns, City Manager 6431 University Avenue N.E. Fridley, MN 55432 �%uii�ii viZi7'i�iicI'S: September 8, 1997 � � - - � —_- -� �-��HN\lill\`ID! " . We hereby submit the Finai Estimate for Fiiter_Desi 293, for Richmar Construction, Inc., 7776 Aiden WayaFridle�c�on Wel! No.12 Project No. Y, MN 55432. We have viewed the work under contract for the consirucrion of Filter Design and Construction No. 12 Project No.293 and find that the same is substantially complete in accordance wit �the coniract documents. I recommend that final payment be made upon acceptance of the work b Honorable Body and that the one year contractual maintenance bond commence on Septe be�5 1997. , Respectfully submitted, � John G. Flora Director of Public Works Prepared by: JT:cz Checked by: 12.08 September 8, 1997 To: Public Works Director City of Fridley . ��. �► ►• ' �► � � ' 1 ► 1 \ : ► 1 � ► : \ . \ � ' ' 1 \ ! ' We, the undersigned, have inspected the above-mentioned project and find that the work required by the contract is substantially complete in conformity with the plans and specifications of the Yro;e�t. All deficiencies have been corrected by the contractor. Also, the work for which the City feels the contractor should receive a reduced price has been agreed upon by the contractor. So, therefore, we recommend to you that the City approve the attached FINAL ESTIMATE for the contractor and the one-year maintenance bond, starting from the day of the final inspectian that being September S, 1�97, � Jon Thompson, Construction Inspector � �e.T. Contractor Representative, i e 12.09 September 8, 1997 City of Fridley FILTER DESIGN AND CONSTRUCTION WELL NO. 12 PROJECT NO. 293 : � �► � •. - — - ------- - :.� o.... This is to certify that items of the work shown in the statement of work certified herein have been actually furnished and done for the above-mentioned projects in accordance with the plans and specifications heretofore approved. The final contract cost is $1,532,170.00 and the final payment of $80,016.39 for the improvement project would cover in full, the contractor's claims against the City for all labor, materials and other work down by the contractor under this project. I declaxe under the penalties of perjury that fihis statement is just and correct. RICHMAR CONSTRUCTION, INC. , c Richard Netz, President 12.10 September 8, 1997 City of Fridley FILTER DESIGN AND CONSTRUCTION WELL NO. 12 PROJECT NO. 293 ' : ► . : � \ This is to certify that Richmar Construction, Inc. has abided by the Prevailing Wage Provisions as specified by the Minnesota Department of Labor and Industry for Anoka County. I declare under the penalties of perjury that this statement is just and correct. RICHMAR CONSTRUCTION, INC. � j, i: %_ : i' -- Richard Netz, President 12.11 FINAL PAYMF_!Y'I' eSTI,�tA1'E NO. l2(FINAL) � FROM: 1lJNE 30, 1997 TO: JIILY 31, 1997 CON1'RAC('pR RICFpNAR CONSfRUC770N, Q9C. ADDRFSS: TT76 ALDEN WAY, FRIDLEY. MN SS432 OWNFR C!'i'Y OF FRIDI.&y, MINNESOTA �OJE(.�: WATER TREA7MEN7' PLAM NO. 3(685-014-30) COMPLETION DATE �STAN77AL COMPLEI'[ON: MAY 15, 1997 FIIVAL COMPLE170N: lUNE 30, 1997 6o i-<,aoo-0 i s-as3o szm AMOUNT OF CON1RACf; ORIGINAL: S 1,307,485.Op ��5� S 1,532,170.00 A. BIDITEbfS 1 PRESSURE FQ,TERS AND ASSOC7ATF.D PROCESS EQIJIPAIEPI'C 2hi: :� shall �ade t� furcishin8. au��, �B. a:d sart-up ot [he 51ters, air comprasor. blowa, pccsx�ae . aen[or. and Rlatod items. � 2 PROCFSS P�)MPS 1Lis item sha0 iockde the fum�hin6. �pa�on. ta�ng, and � smct+W of t6e 6ackvvash wata recla� pum�a aod tlx splrt Case boaatu pimp, � 3 CHFI�IICAL FEID SYS7'Eh(g i3is item shatl mclude the fiunishin8. �pa�oa. oe�ug, aod smt-up of the vuian �ial feed systems, ocludmg ��8�. PWPmB. p�ps, snla, ch�wroe 6oaster p�p, and alf a�her � mlaced to tlrc �emin! feed sY�. I.S 4 BUII,DiNG ADDTITON AND MODII+[CAT[ONS This item shall mchrde all modificadont to the e�dsang 5�+�. co�truuioa of the 6uitd'm8 addition. aod aIl aLa sauaucal and a�'vawral items. � 5 HEATING AND VENTQ.ATION EQUIHI�N'C 7Lis item shall mdude the fwnishinB. �all�pn. tadoB. and start-up of all heattaa�g and voouliadon �. LS 6 ELEC'fRICAL EQUIpMENf This item sh�ll inctude the fi�mishing, ma�ll�ri..� ��g. and statt-up of all elccuical aad coovd oqu�men� IS 7 SI1'EWORK This it�m s1u11 includc coaswction of alt site impwv� . includinB dearinB aud gmbbiug. 6radm8. site utititict, and all aLcr itcrt�s related to the site work. js n:lcicrica1�685\65501412. rtLs ► 533�?.f20.QQ � 513,330.00 1 520.100.00 1 5557,680,00 � SS2.350_00 � 5283.015.00 I 5161.0OO.Op 12.12 PAGE 1 a.00 0.(� 0.00 p.00 0.00 0.00 0.00 p.00 0.00 0_00 0.00 0.00 0.00 0.00 ._00 33�.i?A.� 1.00 13,530.00 1.00 20,l00.00 1.00 SS'7,680.00 1.00 52.350.00 t.00 283,015.00 1.00 104.000.00 6ss ota3o 601-6006diS3530.3201 8 PROCESS P�ING AND 01ifl+'R 11'CMS ibis item shall inchde the tulnishing and i¢uallariou ot all R�5 P��B. va�va. aad rclattd items. Also. mis imm shall include all other iftmt acasaty for providing ��a�lete P�'�J� u defmod bY the PVas and spotifipdo�s. I.S 9 CHANGE ORDER NO. 1 � 10 CFIANGE ORDER NO. 2 � TOTAL SIa6.690.00 510,336.00 514,349.00 0.00 0.00 0.00 0.00 0.25 3.38725 3,587.25 TO'tAL AMOUNT'IHLS PERIOD ;�� u 7'OTAL AMOUNT TO DATE 1.00 146.690.00 1.00 10,336.00 1.00 t 4.349.00 1,532.170.00 1.532.I70.00 12.13 n:kkrio1168516ffi01412.c1s PAGE 2 685-014-30 I hereby certify that all items and amounts shown by this pay estimate are correct for the work completed to date. CONTRACTOR RICHMAR COIVSTRUCTION CO, INC. B Y: TITLE: ,�QES . DATE: � 9 Based on the ENGINEER'S on-site inspections as an experienced and qualified design professional and on review of application for payment and the accompanying data and schedules, the ENGINEER has determined, to the best of his knowledge and belief, that the quantities shown by this estimate are correct and that, based on such inspections [LP-� LPVZPW� that the work has progressed to the point indicated� (subject to an evaIuation of such work as a functioning Project upon Substantial Completion, to the results of any subsequent tests required by the Contract Documents, and to any qualifications stated in his recommendation), and that payment of the amount recommended is due Contractor{s); but by recommending any oavment, Lhe FN�rtyFFU .,�;I! :�ot t:;ere�y ;e uc�m�� i� nave reviewed the means, methods, sequences, techniques, or proceedures of construction �r saf� y F,i�C�iIilC�iiS pI ¢IOgC2tTIS lIteieent chereto or u'�at the ENGINE�R has made any examination to ascertain how or for what purpose any Contractor has used the monies paid on account of the Contract Price, or that title to any of the work, materials, or equipment has passed to the Owner free and clear of any lein, clauns, security, �r�� or encumbrances, or that the Contractor(s) have completed their work exacdy in accordance "vl� �e Contract Documents. ENGINEER gOWA� R. Approved by Owner/Commission CITY OF FRIDLEY, �fINNESOTA : TITLE: COMPANy � �— DATE: G� { 2 l : TITLE DATE: '� // !�T �G �' �� ' Z � �''% ,�' �,.i�GZ'.:� � � � ��> ErI�.X�s 12,14 CITY OF FRIDLEY PROJECT SUMMARY DESCRIPTION OF REQUEST: The American Legion has requested that 1360 Onondaga Street N.E. be rezoned from R-1, Single Family Dwelling to C-2, General Business. If approved, the Legion proposes to construct an expanded parking area of 30 spaces on the subject property. S`.JMMARY QF IS�UES: There are three criteria which must be evaluated prior to the City approving a rezoning request. They are: Compatibility of th� propo�Pd �!se with ±he pro�osed distri�t. 2. Compaiibiiiiy ofi ine proposed district with adjacent uses and zoning. 3. Compliance of the proposed use with the p�oposed district requirements. The proposed rezoning of the 11,000 square foot parcet meets the three criteria for the rezoning request. The additional parking area will bring the American Legion into conformance with the C-2 District parking requirements. The additional spaces provided may reduce or eliminate complaints received from neighbors regarding parking. � No public attended the Planning Commission mee#ing regarding the rezoning; however, a letter. was submitted on August 28, 1997. If the rezoning request is approved, a minor Comprehensive Plan amendment will need to occur as the City's Comprehensive Plan designates this property as residential and not commerciaL PLANNING COMMISSION ACTION: The Planning Commission voted unanimously to recommend approval of the request to the �, City Council with the following stipulations: 1. A Comprehensive Plan amendment shall be approved prior to construc#ion of the expanded parking area. 2. A$5,000 performance bond shall be submitted to ensure completion of the landscape and fence. I CITY COUNCIL RECOMMENDATION: Staff recommends that the City Council coneur with the Planning Commission action. 13.01 Project Summary ZOA #97-02, by The Housing Corp. Page 2 Petition For: Location of Property: Legal Description of Property: Size: Topography: Existing Vegetation: Existing Zoning/Platting: Avaifability of Municipal Utilities: Vehicular Access: Pedestrian Access: Engineering Issues: Comprehensive Planning Issues: Public Hearing Comments: PROJECT DETAILS A rezoning of property f�om R-1, Single Family Dwelling to C-2, Generai Business 1360 Onondaga Street N.E. Lot 2, Block 1, Walnut Addition 75' x 150'; 11,20G� syaar� cet Mostly flat, sloping gently from the northeast to the southwest Grass, trees, shrubs R-1, Single Family; Walnut Addition 1962 Connected Onondaga Street, Central Avenue N/A Minor drainage impact The zoning and Comprehensive Plan are currently consistent in this area. To be taken. 13.02 Project Summary ZOA #97-02, by The Housing Corp. Page 3 WEST: SO TH: EAST: NORTH: ADJACENT SITES Zoning: C-2, General Business Zoning: C-1, Local Business Zoning: R-1, Single Family Zoning: R-1, Single Family Site Planning Issues: REQUEST: Land Use: Assembly Land Use: Residential Land Use: Residential Land Use: Residential The American Legion has requested that 1360 Onondaga Street N.E. be rezoned from R-1, Single Family Dwelling to C-2, General Business. If approved, the Legion proposes to construct an expanded parking area of 30 spaces on the subject property. SITE DESCRIPTION/HISTORY: The subject property is located east of and adjacent to the American Legion located in the southeast corner of the intersection of Central Avenue and Onondaga Street N.E. The property is zoned R-1, Single Family Dwelling. The Ameri�an Legion property is zoned G2, General Business. Located on the property is a single family dwelling unit and a detached garage. The dwelling, constructed prior to 1961, measures approximately 23' x 40' and the garage, constructed in 1966, measures 12' x 22'. The American Legion was constructed in 1952. Several additions to the American Legion have occur�ed; 1967, 1969, and 1985. !n 1976, the American Legion property was rezoned from C-1, Local Business to C-2, General Business in order to allow continuation of a liquor license. (The City's current zoning map is inaccurate and designates this property as C-1, Local Business. This will be corrected.) ANALYSIS: Evaluation of Zoning Criteria Prior to the City approving a rezoning request, there are three criteria which must be met by the request. They are: 1) compatibility of the proposed use with the praposed district; 2) compatibility of the proposed district with adjacent uses and zoning; and 3) compliance with the proposed use with the proposed district requirements. 13.03 Project Summary ZOA #97-02, by The Housing Corp. Page 4 Compatibility of the Proposed Use with the Proposed District The proposed use of the site is for an expanded American Legion parking area. The American Legion is a permitted use in the C-2, General Business zoning district, and the parking area, an accessory use, would also be permitted. The use, therefore, is compatible with the proposed district. Compatibility of the Proposed District with Adjacent Uses and Zoning In 1975, the City Council determined that the C-2, General Business zoning district would be compatible with the adjacent residential zoning. This request would extend commercial zoning an additional 50 feet to the east. The property to the south is zoned C-1, Local Business, and is 25 feet longer than the American Legion property. The property to the south, however, is currently used for residential purposes. The petitioners propose to enclose the parking area with a board-on-board privacy fence as is currently located on the site to screen the parking area from ad;acent residsn#�u! properties. The existing American Legion site meets the minimum lot area requirements for th� C-Z zoning disirict iofi area requirements; however, the site cannot provide the required number of parking spaces (74 are required by code for the use). The building also does not meet the side yard setback requirements. The additional land area will provide additional spaces to meet the code requirements (79 provided after the expansion). Compliance with the Proposed Use with the Proposed District Requirements The proposed use of the area to be rezoned is for parking. The proposed parking area meets the side and rear yard setback requirements of five feet and the setback from the public right-of-way of 20 feet. The petitioners have submitted a landscaping plan providing a screening hedge adjacent to the right-of-way as well as additional street tcees. A storm water drainage plan with�calculations was submitted and meets the requirements of the Engineering department. The proposed use of the parcel meets the district requirements. The code requires screening of the parking area from the adjacent residential district. The petitioners are proposing a six foot high board-on-board privacy fence which will comply with the code requirements. The City's Comprehensive Plan currently designates this property as residential. A minor plan amendment will need to be approved by the City and the Metropolitan Council to change this designation to commercial. If the rezoning is approved, the petitioners will need to process this additional application. 13.04 Project Summary ZOA #97-02, by The Housing Corp. Page 5 A bond will be required to ensure completion of the improvements. PLANNING COMMISSION ACTION: The Planning Commission voted unanimously to recommend approval of the request to the City Council with the following stipulations: 1. A Comprehensive Plan amendment shall be approved prior to construction of the expanded parking area. 2. A$5,000 performance bond shall be submitted to ensure completion of the landscape and fence. � CITY COUNCIL RECOMMENDATION: Staff recommends that the City Council concur with the ?lanning Commission action. 13.05 JAMES C. HUB 1395 ONONDAGA STREET NORTHEAST FRIDLEY, MINNESOTA 55432 August 27, 1997 City of Fridley 6481 University Avenue Fridley, Minnesota 55432 FAX: 571-1287 Dear �i cy Caunsel rie�a ;ers : We are responding to the request of American Legion Post 303 to rezone 1360 Onondaga for local business. My wife and I are opposed to this request. We have been residents of 1395 Onondaga since 1977. Over the years we have found the American Legion to be a nuisance to our residental home. In thinking back over the years, the following incidents come to mind: *beer bo.ttles & debris left by Legion customers in our yard *broken glass in the road *occasional loud music and fighting that keeps us awake in the summer as patrons enter and leave the bar *a drunk from the bar urinating in our back yard *items stolen from our cars, parked in our driveway *our mailbox d�stroyed twice We cannot say that the last two were from bar patrons or kids, but we have our suspicions. We believe the additional parking encourages more of this kind of behavior and larger parties. Rezoning 1360 only brings the bar closer to our home and we are opposed. C � `� �-��LC�,� ��_ James C. Hub Teresa A_ Hub 13.06 �''.�: �,t-G� /� � � FRIDI,EY AMERICAN LEGION POST NO. 303 The following is an analysis of the present American Legion site and the impact of adding the East adjacent parcel of land presently zoned R-l. Building Calculations E<>isting Building Total SF Breakdown of SF by use Lodge/Assembly Storage Kitchen Offices Toilets 931OSF 6595SF 2715SF For the purposes of calculating parking requirements the Zoning Ordinance requires the following: Lodge/Assembly 100SF/Parking Space Storaqe, etc. 250SF/Parking Space Using the above noted criteria we will need the following: Lodge/Assembly ` ,�-- ,Fr6 Parking Spaces Storage, etc. � ��. 11 Parking Spaces Required Parking �-�'Parking Spaces -�:� The plan showing the new parcel with the parking Tayout has 85 parking spaces. One of the scenarios was to add a 20'by 56' addition to the. building for handicapped assessible toilet rooms and kitchen storage. The following is a breakdown using the.addition as part of t"he criteria. (a3t�' (p� Lodge/Assembly UaS�SF) �parking Spaces Storage, etc. (3835SF) 15 Parking Spaces Total "7$ ,&YParking Spaces The addition will be built on�land presently being used for 6 parking spaces. When that occu-�s we will be short 2 spaces, or as follows: 85 total spaces les�'6,,lost spaces leaves us with 79. We need 81 as shown above. 13.07 �___"'_ '-"_.L-__�..____/ 75 AVE NE Z�� 9��Of15: � R 1 - One Farriiy (kyts � R 2- Two Farrily lk9ts 0 R 3- C�ner-al Miltiple lkrts [� R 4- Nbbile Fbrne Parks PUD - Plarned lkrt De�,eloprr�rrt o �-, - � � ��«, [� S2 - FZedevelopment Oistrid � c, - � e�,� C� c2 - c� e�� GR1- Get�e�al O�� 0 n�, - �snc i��a� 0 M-2 ' Fieavy Irx�strial � nn-s - au�« i�x�;� �y a,a. � � - �i� �] P - Rblic Facilities Q WA1FR [_] PoGFff-0E-WAY I 75 AVE NE . � . � ' � � • • �� • • '�• �. �� .• S / � `� 1; � A request t.� American Legion Post #�iO3, to rezone 136p pnondaga Street from R 1, Single Family to G1, Local Business to allow the expansion of the parking lot. Carqled and dra�ron fran official records based i on Ordinanoe Wo. 70 and Zorwng Nlap e(fecti�ne I date 127/56 together with all arr�erxing acin- : ar�oes adopted and effective as af 2/17/'97. ' — _---- The City of Fridey has falcen every effat ro pro- _ vide the most u�to[iate ir�Fonr�ion avai�able. � �8 �2C� �fG' iS S1.�J2d t0 C�1C�. ��orII not be respor�sible for usage Of this dOGXr�ent � ,� ; � I 3 I p . � ' � s � i�'� � � � , _'� � ' - - - � --- o I ", j � } Y ` �! � ,;; : � g �� i �� i � - , t�� ,. - � � � �V �i � � �; , # ,: i � k : � �! �� tim ��. , ,�i ' .� � _ . . :. i ,�y3 ..: I 1 I =� , �;: - - - ;8 �,-� i � � � � �r �� 13.09 � _ , _ _ _ _ � : � �a � '�a ` / �� ; �' --��------ ¢ � � 2 � — --- � - � O 0 �m o oz O o U o� I � O < � O � O C7 n � N Z � Z � Jo> e� � Z �' � a O oC Ua�� Q � ', Ofpa T � di 6.�` 6�dm �. � � � � � � � �� "� ` -y O 1 � W V 0 c/»Z � �•OV� . __ � �./ i�y �n� ,,,� REGULAR COUNCIL M[ETING OF SEPTE�1QER 13, 1976 PAGE 4 Mayo�, Ne�e then asked if Mr. Bar•ker was present or anyone else on this matter and ther� was no response. Councilman Namernik stated that althounh t4r. !Cetroser, et al, d d a tremendous job in makinq these plans available to the City Counci�, he felt �hat the plans shouid also be made available to the Appeals Commission for their revie�a in this reqard. F1r. PJasi�� !lureshi, the City hiana�er, then suggested that perhaps more time could be aiven in this matter since there v�ei°e objec ions at the Apoeals Commission level and the fact that t1r. 8arkrr 4�as not in ttendance this eveninG, in the hope that sorne type of solu�,ion could be re ched_ MOTION by Cou ilman Hamernik to table th�s matter until the 20, ]976. Sec ded by Councilo-roman KUIC04JSY1. Ur011 a��o:ce aye, Mayor Plee clared the inotion carried unanimously. , FRIDLEY PIEDICAL CEI�TER, 7675 �1ADISON: �ng of Septer;bei� , all voting h1r• Dick Sobiech, the Public i�lorks Director, led the discussion and stateci that this was a request by he Fridley 'rledica] Center f variances to the rear' yard and front yai°d set ack in order to alloo-� ex nsion to an existinq building. He then made reference to a dia�rar on'�£tie�easel'.''' MS-'"ViV�an��: innuist; Administrator, Fridley hte ical Center, then a dressed the C•ity Council. She commented that Dr. Nerb St i t coul d not be ,resent as he �•�as ca i 1 ed a�.�ay on an emergency. his. Linquist ontinued tha the apartment buildino �•:as south and east of Lheir pr-esent bui ing and at there v�as an emoty lot bet�•�een buildings. P4r. S�biech stated hat t Appeals Conimission did reconaeend approval of the request at their ug .,t lOth meetinq. Ms. Linquist proceeded to snow a survey si�eet to the City „ouncil. MOT10N by Councilmwn Han;ernik t conc r w,ith the recommerdation of the Appeais Connnission a�d grant the varia ce. Se,.�nded by Councilwoman Kukowski. Upon a voice vote, all voting aye Mayor• "�ee eclared the motion carried uranimeusly. Y.0 P!!QTO, IPI�., 248 �1ISSI _IP�I ST., S, r? ]2: Mr. Mario Fernandez displ yed to the City Counci a miniature film processing drop-off model structur and stated that the propo ed buildin� would be basically the same size as what as there. He further state� hat all of the plars have beer. submitted to th building department and they ha reviev�ed them; and after being in contact wi them this date, all that was pend a�ras th� Council's acting upon this. hir. Sobiech ti;en cortnnented to the Cit,y ou�cil that i�1r. Ferrandez had agreed to co ly a�ith the previous stipulations. M�JTIOPd b,y Cou cilman Hamernik to concur with the recommendation tne Planninq Commission d grant the special use permii with tne five stipuiat is as specifiied in the P1 ning Commission's minutes of Au�ust 18, 1976. SecQnded b ouncil- rroman Ku wski. Upon a voice vote, all voting aye, Mayor tdee declared e motion carrie unanimously. ' r t1�Y Re° then asked to take item number G out of order, and the remainder of �he P nning Commission items were discussed later in the meetinn. COMSIDERATIOF! OF APPROVAL OF AGREEPIENT EET:IEEN CTTY OF FRIDL�Y/CARLSOPd/SKOIN/ /',(�;ERNICAM LEGION FOR USE OF PROPERTY AT 73C5 CE^17kP,L A1rEp;J[ N.E. ----�- AND ---- — -- — CONSIDERATION Of TRANSFER OF Li0U0R LICEAlSE FOR THE AriLR;CA�'; LEGION CLUB, 1315 RICE CREEY. ROAD TO THE FROPITIER CLUC�=j365 CE�ITRAL AUri�!U� ---- — AND ORDERING PU6LTCATION OF ORDINANCE fJO. 621 TO AP;Ef!D THE CITY CODE OF THE CITY OF FRIDLEY, PiIPlMESOTA [3Y_f1AKIPJG la CiiAfJGE I"! ZOPJII•!G DISTPICTS: ��layor Nee staied that liandwritten letters were received separately from two property owners adjace»t to the area which letters indicated that they will permit overfloti•: parking in their lots and that it i•�ould be in order to receive such let�ers. 13.10 REGULAR COUNCIL (�1EETING OF SEPTEPIGER 13, 1976 1 .1�� . PAGE 5 MOTION by Councilman Starwalt to receive the letters from Mr. 6lalter E. Gus*_arson and Mr. Everett E. Klucas. Seconded by Councilwonian Y.ukowski. U,pon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Ptr. Sobiech then proceeded to discuss the matter, statina that the first item was ' the agreement of the previous discussion with tha property owner and the potential i renter of i:he property, the American Legion, reqardina requirements allowing the American Legion to proceed with their eperation. One of the requirements being that the property be rezoned; as it was indicated that with the Le�ion's operation, they �•�ould have potentially a certain number of people in the Club which a�ould exceed the origiral zoning requirement. P-ir. Sobiech also stated that the City Council had approved the rezoning on the second reading and ordered publication upon working out �•rith the American Legion and the oti�m er, an aareement whereby certain improvements would be done and certain parkinn areas would he made. He referred to the final agreeo.ent now before the City Council for- consideration. Mr. Sobiech sugnested that it �:�ould be in order to approve the execution of the aqreement on behalf of the City. MOTIOtJ by Councilman Star�velt to enter into the a�reement as presented. Seconded b,� _ Councili�:oman Kukowski. Upon a voice vote, all voting dye,`Nlayor T�ee d'eclared:'itie� �: motion carried unanimously. MOTIO;� by Counciliiian Starvialt to publish t!�e r-ezoning Ordinance No. 621. Seconded by Coui�cilman Fitzpatrick. Upon a voice vote, all voting aye, Playor fdee declared the motion carried unanimously. �tOTIOid b; Councilman Starwalt to autnorize ihe transfer of the liquor license for the American Legion from 1315 Rice Creek Road to ?365 Central Avenue when the: , Certificate of Occupancy has been issued. Seconded by Councilwoinen Kukov�sl:;. �Upon a voice vote, all vutiny aye, '1ayui• r•+ee declared the motion carriecl unanimousiy. ` CONSIDERATION OF A REQUEST FOR TkAN�FER OF SPECIAL USE PERMIT SP �73-14 APID — — _ _ . .. . .. SP �75-24 FOR FAMI�Y HOMFS T0 HART G;,'STOM H0�1ES, Ii�JG:�, 7355 T.af: • 6�5: Mr. Dick Sobiech, the Public Works Director, then explained that the property has exchanged hands since the previous special use permit approval and the existing petitioner ' was unaware of the need fow a transfer of such a permit. He further eommer�ted• that -- the petitioner.has been advised o� �uhat had been previo�.�sly approved, and requested from him his understanding of the previous stipulations. Mr. Sobiech asked if he still wished to proce�d, and as noted in the petitioner's letter, he does arish to proceed. Mr. Nlvan L. Schrader then addressed the City Council and reiterated what �,as stated in his letter dated September 1, 1976. MOTION by Councilman Starwalt to approve the request with the previous stipulations.. Seconded by Councilt•�oman Kuko�•tski. U�on a voice vote, all voting aye, Mayor Nee declared the mot�ion carried unanimously. RECESS: htayor Plee called a.recess at 10:01 p.m. RECONVENED: P1ayor Nee reconvened the meeting at 10:15 p.m. RESOLUTIOtJ N0. 85-1976 - ADI�ERTISE FOR BIDS - PAC1:�1GE PROPERTY APID CRSUALTY IflSURA�dCE: Mr. Marvin arunsell, the Finance Director, discussed the matter statinq that we did have several bidders the last time and ±here was a problem at that time because the bids �•rere either the same or about the same, and Mr�. Brunsell was uncertain about this happening a9ain. Mayor P�ee �then asked Ptr. Brunsell if we,periodically, make an analysis of what is needed? �•tr. 6runsell replied they do.mak,e such an analysis and that this is part of the services of the consultant. Mr. Jim Black, 7824 Alden bJay N.E., Fi-idley, raised the question of how much the City is �ayinq the consultant. t1r. 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C s t ' �" q► � j 3 . �. ; ; �, � N � � 'A` i� : � :� _, �.. _ . � �3 I7 � ° � ��` � �fi ' I .�]A � � �� e?.,.rcr+.��` Z.�:' G � }��; +� f'. . ��f;y�, . C .. �r'. �� ..� .. � � � � S � 'y `t � F :r �,�. ' �.�i' "s�...,`a,^h'S, \i�"... �}. a ._ ,_ � �i:d� ., o-.,:.� (� . K-,�Y� G x F�;- R.;a� . f1:'r. ' 0 . I �_�` .1� m+' "` . 4 � ' v�' ��9� �� I � �. x_ �, a� � j{�a..\ '`,;��tP' �'. : x i ' j p � � }�. F � , ^ . T � �1 -``�'J Jf ° �6� i �'� '�\' '.� �� r� 'ii�; il�� j - i �]' .Y� .. � ir �,,�. � �,'i.: `�t .s r .t4 .��i�� tet� ' �: ��,.�`x.s.y:'�' wai :.,:. � . ,'.,;: b t . . �� °3�,i�'", � _a 0 1 � �°„��\ �� _� % :�� 0, �,�\ ,, � �ll Fridley Police Department Memorandum To: Wiliiam Burns, City Manager �� From: Dir. Dave Sailman Lt. Herb Zimmerman Date: September 4, 1997 Re: 1997-98 Animai Contract Approval of the 1997-98 animal contract was tabled by Council at the August 25`h City Council meeting. Council requested information on euthanasia of animals not claimed within the five business day window mandated by State law. Attached is a memorandum from Deputy Director Lenzmeier explaining the process used by both Skyline Vet and Brighton Vet hospitals. Staff recommends acceptance of the contract. If you nave any further questions please contact us. 14.01 ,,�a�� , "'a� �� ,� R ' . � j � `� � �� ; Fridley Police Department Memorandu�n To: Bill Burns ,� From: Gary Lenzmeier�� Info: Dave Sallman Herb Zimmerman Date: August 28, 1997 Re: Fridley Animal Contract I contacted Skyline Animal Clinic and spoke to Perry about their method and policy of euthanizing animals. She told me that they euthanize the animal with a lethal injectiori-of a drug called beuthanasia. In most cases the animal dies within two minutes, most sooner: Basically what the drug does is stop the heart. I also asked her how long they keep the animals before they euthanize them. She said the ordinance mandates five working days which in their case does include Saturdays. They, however, keep the animals for a minimum of seven days to make sure there are no errors before they put them to sleep. They do keep some animals longer if they feel that the animal is in good health and adoptable. I then called Brighten Clinic and talked to Diane asking her the same questions. She told me they use a euthanizinng solu�ion to euthanize the animal. They keep the anirnals for five days during which time they try to find a home for the more well tempered adoptable animals., That may mean that some animals are; kept -for six or seven da}�s: She added that the doctor tries to limit extending the time because of the limited space they have to keep the animals. 14.02 // / r i ; _a '�' � . � ' _ \ � \\ ��„ %��!�\ % �� :� � , ..,o�• � '��, +r ,.,�'� � Fridley Police Department Memorandum �� To: Wlliam Burns, City Manager � From: Dave Sallman, Director of Public Safety Herb Zimmerman, Lieutenant Date: August 15, 1997 Re: 1997-98 Animal Contract The current animal contract expired on July 31, 1997. When I contacted Skyline Veterinary Hospital to negotiate a renewal, Dr. Branjord advised that he and his staff feel a need to raise the compensation. Skyline proposed a raise in the monthly rate from the curre �t $1,275 to $1,425. Along with that raise, Skyline would not return any fees, other than license fees, to the City. Assuming that you would want a comparison done to other providers, I contacted the Anoka County Humane Society, Brighton Vet Hospital, Family Animal Hospital, and Pet Vet to ask if they would be interested in bidding on the service. The only responses I have received are from Anoka County Animal Humane Society and Brighton Vet Hospital. In ihe table on the next page, I� have attempted to compare the costs. For animals received, Anoka County charges per animal, and Skyline Vet and Brighton Vet chazge a flat monthly rate. I used the figure of 300 impounds per year to attempt the comparison. That figure is a fair representation of our annual numbers. Based on the comparison, it is my opinion that Brighton Vet Hospital is the best choice for Fridley. To support that opinion. I point out the price difference and the close proximity of Brighton Vet Hospital to the City of Fridley. Brighton Vet Hospital is currently serving the cities of New Brighton, Mounds View, Roseville and Hilltop and has been providing municipal shelter services for over 20 years. Dr. Keith Hedges of the Brighton vet hospital has requested the City understand that under special circumstances, i.e. court or police-ordered holds or autopsies, there would be additional claims not covered in the contract. Attached is the Brighton Vet Hospital Contract ready for signing. Staff recommends acceptance. • I am available for any questions. 14.03 � � � � r' Z '�^ V♦ I.f� � a � � U � U Q � � Z O U J - Q � Z a �- a N Z � J W a � H � � ; � c O LL� O � Z = Q J � � i' N '''' Y � o � d4 � � � Q Z N W "'� � � � � � �- t 0 � � F... � L _ � � C� O .� � � N � m �� L O �"' ~ � � a� ZW�>, �� o� �� (JJ ,� O Z = O �o Z g �Q �r � a = � � �n M t6 (0 � � a � Z � a � � cv Q- E � c� � E � �c �� O � o° M � X ti � o o c°"a U � � L � •� � � (6 tII � •� � � ��(lf � ca � O � V Q O � � N Y � a�� tA fl- � R5 c � � o°-° � � Q N � � � 1- �� o � Z O O � O N � � o °'�c '� � (0 O V � 4- � Q �' � U Y l'�" Q O � Ei! p >` � i.. �°� � °' +-� O L � � Q 0��,3�, ��o v�z o � � c� o � � a� � a ca � � o .c m .o � �� Q c� � � � _cu; � N � �O: � d�? N .Q �., Q L C .. � f� (6 � � � � O � � � F- cs� � C� � W W �� w z H z � � C� N 0 U � � c O .S � a� � � U C � O U >. L C n i� � a� � 3 � T� 1 oU � � a, o .n """' �� =_ U . UQ L ; - Q o; :� , , � � � O � � O � .� � �� I 14 W W � Z 0 � � O n. � z r�; t�C .� � a U C � � � W 0 C a� Y � U � c � U � � � � � �� U � I� � N W O C � � � U � 'c �U �� > a U c a� rn a� W 0 C a� � _- � U � U � � N 0 U >, � C O Ic � a� � � U C N 0 U t O '= � � U .S C � Y ,� � � a� � � � L '� � fY Y � � O O >, �, L � � � � � � C � a U � E I E �, � C � 'i � -�am a� �� c � � V �. fl. � s�Y � � n. � � 0 Q � � U � o L � � U � Q � U O -�a�cooa�i O' N Q `� � -a � i � Q � (lf � � � L � Q. � � � U � — +-• .-.. `� ��z � � N � � .> � a .c � � .� .n c � � � � (6 �- � C �, o � U � (if O L � �I O v- �. � � o � Q � �� 4J � � � � � � U � � >, ; � o � U o_ � � � � � � o � � � � � c a� � � U a� � {Ff L N O �' U � � � (t3 ' � o � � �W WN � � �W W Z awv� Qwv� °� zNjWa g w w zwm Qu-m �J O`L OZ Y Q U ��av��av,zv�izv �o�° W>��W>��=OUZ �O `��avwwov �WOOWWOO��QUW�W > f� Z 2� tA Z 2 W �> J u. u. LL ANIMAL CONTROL CONTRACT This contract, made and entered into this 25''' day of August, 1997 by and between Brighton Veterinary Hospital, 2615 Mississippi Street, New Brighton, Minnesota, 55112, hereinafter referred to as"animal shelter" and the City of Fridtey, a municipal corporation, 6431 University Avenue, Frid(ey, Mnnesota 55432, hereinafter refened to as "city". . I. TERM The term of this contract shall be from September 1, 1997 through August 31, 1998. IL ANIMAL SHELTER SERVICES i'he city agrees to purchase and tt�e animal shelter agrees to furnish the follo�vin� ;�rvices: L Shelter for animal drop-offs on a 24-hour basis. 7 !an]ma� P�:�u!3]inat�0!?S �P.� c�PtPr,nanr �arA �S rP,^1L:rn�,� �'.1r.21�% .^.C.P.:.a.� }.:v.:S.::�SS hours. . 3. Seized stray animals shall be held for five (5) regular business days. After five regular business days the city shall have no right or interest in such animals. 4. Euthanasia and disposal if required due to serious injury, illness, or after five regular business days, in compliance with State Statute MS 35.71. 5. Receiving and disposing of dead animals delivered by the city. 6. Upon request, train city animal control officers in safe and humane handling and apprehension of animals. 7. Keep accurate records of all animals impounded, boarded, and destroyed, pursuant to this agreement and furnish monthly statements to the city_ 8. Keep the animal slielter open durin� normal business hours of the Bri�hton Veterinary Hospita( and not less than normal business hours of the citv. 9. The animal shelter, during normal business hours, sha(1 be open for inspection by the city or it's agents. 10_ Collect license fees from owners who retrieve animals not currently licensed and return fees to the city. 14.05 1 1. Collect boarding fees at � 10.00 per day for dogs and �8.00 per day for cats, per animal from owners who retrieve animals_ Fees are kept by the animal shelter_ 12. Hold any impounded animal being rec(aimed until proof of applicable current licensing and rabies vaccine is produced. 13. Serve as animal control officers for the city, as defined in Fridley City Code Chapter 101, and as applicable to the operation of the animal shelter. IIL CITY RESPONSIBILIT'Y After normal business hours, the city will transport any injured animals that are in a live threatening condition to the �liated Emergency Veterinary Services, at no co�t to ±he animz! shelt�r. �.�?e:- .trPµtmAnt �n? re':Pase tre ci±�� =.,;1� +ra::spert thP animal to the animal shelter. r� � rn� enr r n rr \IIiTU r n tv � �. �,�,��1 Ll�'v�.E �� L� �� S In providing all services pursuant to this contract, the aniinal shelter shall abide by all statutes, ordinances, rutes an� re�uiations pertaining to or regulating the provision of such services. V. AUDIT DISCLOSURE AND RETENTION OF RECORDS The animal shelter agrees to make available to duly authorized representatives of the city and either the legislative auditor or the state auditor %r the purpose of audit examination, any books, documents, papers, and records of the animal shelter that are pertinent to the animal shelter's provision of service hereunder. The animal shelter further agrees to maintain all such required records for three years after receipt of final payment and the closing of all other related matte�rs. VI. ANIMAL SHELTER RESPONSIBILITIES AND INSURANCE The animal she:ter shall be responsible for all damages, harm or illness suffered by the animals under its care and in its custody which may be due to the negligence of the animal shelter. Said animal shelter shall save the city harmless from any damages, costs, actions, or causes or action, or claims made a�ainst the city fo�- any harm, losses, damages, or expenses or account of bodily injury, sickness, disease, improper disposition, death, ar�d property damage resuiting from the animal shelter's o�eratioti. The animal shelter sllall procure and keep in fuil force coiziprehensive general liabi(ity insurance in the amount of not less than $100,000 and $350,000 to 14.06 safeguard and indemnify the city for any of the occurrences aforementioned. Such insurance policy must be filed with the city clerk. VII. COMPENSATION 1. The city shall pay the animal sheiter the sum of $1,200 per month for services stated in this contract. Said sum shall be paid on or about the last day of the month, or within thirty (30) days after submission of the monthly claims, by the animal shelter_ 2. The animal shelter may charge and retain customary veterinary fees including rabies, and distemper-parvot (DHI'P) vaccine. , VIIL EARLY TERMINATION This contract may be terminated by either party, with or without cause upon thirty (30) days written notice, delivered by United States mail or in person, to the other .-+.. C F......1. �:,.,. al.,. ,7.].- Fal. • 7 L. 1� . �.JCL1lV. 1 lii k/111�j�Ji.J VL JUI.!! 11VLlLG� lStG AUUIG�JJ V: Li(L'� a.1i1111C1. j:1'Z.11�l iJ. Brighton Veterinary Hospital PA 2615 Mississippi St. New Brighton, MN 55112 and the address of the city is: City of Fridley 6431 University Avenue N.E_ Fridley, MN 55432 IX. MODIFICATIONS Any material alterations, modifications or variations of the terms of this contract shall be valid and enforceable only when they have been reduced to writing as an amendment and signed by the narties. X. ENTIRE AGREEI�NT It is understood and agreed by the parties that the entire agreements of the parties are contained llerein and that the contract supersedes all oral agreements and negotiations between the parties relating to .the subject matter hereof as well as any previous agreements presently in ef�'ect between the animal shelter and the city relating to the subject matter liereof. The parties hereto revoke any prior oral or written agreement between themselves and hereby agree that this contract is the only and complete agreement regarding the subject hereof. 14.07 ANIMAL SHELTER CITY By: '� �. � By. - Title: — ��,�-�-�. , . Title: Date: Date: Title: Title: Datc: 14.08 Date: � ` CfiY OF FRIdLEY Memo to: From: Subject: Date: MEMORANDUM William W. Burns, City Manager n� �t ��% William C. Hunt, Assistant to the City Manager %� "�;(� r Bids for Copier Machines September 4,1997 William C . Hunt Assistant to the City Manager On September 2, 1997, we opened bids for sev� cc�pier marchines at the Municipal Ger,ter, the City Garage, and the Natw-e --- � Center. The bidders were to offer a price which included�#�t�a�-in��e�# inae�; The new copy rriac"hiiies were to be guaranteed for five years, and the maintenance and supply agreement was to be firm for four years. We sent out requests for bids to ten (10) vendors and received seven responses. Gestetner's bid arrived a day late and was not opened. Copy Sales bid on only six of the seven machines; and did-not �clude a bid for the copier/fax machine �t Springbrook Nature Center. Accordingly, I recommend that the City .Gouneil receive only the other five (5) bids. Adding the cost of the acquisition of seven copy maEhir�and tl�o- ��ast oi €o�r� years-o€�ce and� maintenan� at . . the proj� rate of use, my calculations show #hat St�►g�r-B�-SysC�s; �Yc; �tl�e��anier��epre`ser►�e; had the lo�vest - -, total bid. Stringer met 100 of the 101 specifications for the seven machines: They do� not provick page insertion for the copier in the Recreation Departinent. I do not consider �at a material omission: Using our current per copy rate for paper, machines, and mai�nt,enance, w�e esdmaied a total . amc�unt for acquisition • of machines and four years of service/maintenance to be$91,384 for the seven copiers: Stringer's bid of approximately $65,875 amounts to 72 percent of that figure. _ Accordingly, I.::recommend that the_-Gity. Council: fi�d ;that"�iongeF Basine,ss -3S�r!�s� -inc �et) is= �� quali£ied � - _ .: _ � a ..::,.._.: .�..::� :t bidder and award them the contract for the-acc}uisitio�s��en-�w c�ets a��e-p�c��9;4�.5��pias��pt�tbt�'�i�� '== tax and the service and-maintenanee pereopy-c�s=ind�ea�ac��-�ivwao��ii�xd:-� ��`�ia�`°��t�t3t�z '. the per copy cost for the first nuiety days will not ir►clt��e �a ��€e<a� - r�arr f•acEor -�4s °� r�t it - wilt be = -. � _ approximately 0.3 cents for a11 machines during �at period of t�tne. - _ :... __ . . ::>a.:<<::___ FUNDING Staff is reeommending that the Water Fund purchase the seven copy machines for the General Fund and amortize the cost back to each of the operating divisions over a five year period. This is the same process that was used to arquire the large volume Kodak copier a number of years ago. I request that you present this to the City Council for consideration at their meeting of September 8, 1997. c: Richard D. Pribyl, Director of Finance/City Treasurer Members of the Copier Committee 15.01 Location Copy Room Finance Engineering Recreation Fire Garage Nacure Center Subtotal Police (main) Police(back-up) Risograph Holly Store Annex Subtotal TOTALS City of Fridley Copy Machines as of July 1997 Present Machine Lanier 6272 Lanier 6315 Lanier 6315 Lanier 6230 Lanier 6517 Lanier 6315 Lanier 6315 7 locations Lanier 6550 Lanier 6320 RA 5900 Ricoh FT-3320 2 locations 9 Locations 15.02 Recent Usage in Copies/mo 48,000 4,000 3,000 6,000 1,500 3,000 3,000 68,500 [14, 000] {l, 000] [10, 350] �� 400 69,100 Usage in Bid Specs Copies/mo 50,000 4,000 3,000 10,�00 l, 500 3,000 3,000 74,500 Leased until 1999 Not to be replaced Leased until 1999 400 200 600 75,100 City of Fridley Request for Bids for Copier Machines, Service, and Training Stutmnary of Bids 5ubmitted GENERAL FUND Bids opened at noon on September 2, 1997 Requests for Bids were sent Machines Svc/Maint Total to the following vendors: (4 years) Coordinated Business Systems Copy Sales [Mita] Danka Office Imaging [kodakj Gestetner [Gestetner] IKON [Cannon, Minolta, Sharp and Toshiba] Konica Metro Sales [Ricoh] Stringer [Lanier] Wagers, Inc. [Toshiba] NO BID BID INCOMPLETE (Bid on only six copiers. �,• : � BID ARRIVED ONE DAY LATE. NOT OPENED. $ 44,200 $ 26,105 $ 70,305 $ 47,243 $ 26,352 $ 73,595 $ 49,415 $ 33,972 $ 83,387 $ 39,922 $ 25,951 $ 65,872 I�ti� �w�7 Xerox $ 56,165 $ 81,848 $138,013 15.03 The City of Fridley Presented to William C. Hunt Assistant to the City Manager By Michael Beriou Major and National Accounts Representative Stringer Business Systems, Inc. September 2, 1997 ' Stringer Business Systems proposes the following copier piacements for consideration by the City of Fridley: inciuded with these options are: • Copies of the Lanier Performance Promise • Copies of the original bid request • Acquisition summary page. �':,�� 15.04 ♦ Acquisition Summary ♦ Copier Location Copy Center Finance Department Engineering Recreation Department Fire Department Public Works Nature Center out Model Lanier 7375 Lanier 7320 Lanier 6735 Lanier 6745 Lanier 7320 Lanier 7328 Lanier 502Q 5 remaining Total: List Price $33,190_00 $4, 790.00 $9;850.00 , $18,085.00 ! $9,710.00 ; $10;945.00 ! �R, g�� :�0 i $97.22 each I $95,545.00 � Fridley Price $13,276.00 51,916.00 53,940.00 S6,391.44 S3,884.00 54,378.00 55,55�.00 $486.10 39,921.54 Guaranteed Maintenance Agreement: • Includes all parts, labor, drum, developer, travel, preventative maintenance, toner and used toner containers. • Includes the LanierPerformance Promise (see attached). • Excludes staples and paper. 90 Day Warranty on all equipment, excludes toner and used toner containers. Pricing (listed above) includes delivery, installation and all necessary training_ +��' 15.05 Service & Toner .0071 .0071 .0071 .0071 .0071 .0071 .Oi i i Authorized S.tringer Business S_ystems Representative Signati Name: Title: �c� �1 . �i � r: l- � ! �•' � C�oun Date: � � � !'a��f� � •�s ""S' /,�. ;}. � /' � j. + � i ;: u'>?. `.' j , V�y1,.. r `°;;,�.,''.�.�,.'-' � � ��`r. � � • e Lanler . Pe orman ce Promise Lanier e ui ment q p erf ormance to our p Y� saf�sf a�tion or a �e�lacement at no char�e 1 U � � 98% aranteed u �i.rr4�e � � �� A free loaner � A 24-hour toll-free he� line p ��- Guaranteed availab' 't of Y . . __ servlce, arts and su � es --: p pp . L(/liliit. ��✓Vl/W� _ � C Lanct (�crrin l:xecutivc Vice I'resi�icni <�n�j G��r��l \t�i�,i:�cr� U.S. Oper�tic�ns A HARRIS COMPANY _ _- - _ - — - ---- �V--/------ -- -- -- See reverse side ior fuil details. �� _ _ _ ,,�:.� -_ , ,.�. _---=�� ;� -=_-, :� 0 0 O O O O O O �� -� �� O �-� �� --, �—� � ;� �� ,� �-, � � ;� —.� � HARRIS MEMORANDUM DEVELOPMENT DIRECTOR . DATE: Septembe� 4, 9 997 n TO: William Bums, City Manager�n�� FROM: Barbara Dacy, Community Development Director REGARDING: First Reading of an Ordinance Rezoning Property at 1360 C;�c;�daga St�e�� R;.E. fr�„z °-3, �� gle �a�ily Dtive!l��g, .� C-2, Generai Business The Planning Commission conducted a public hearing regarding the rezoning request at its August 20, 1997, meeting. No public attended and the Commission unanimously recommended approval of the request. A letter was received subsequent to the Planning Commission meeting in opposition to the request (see Staff Report under "Public Hearing"). Recommendation Staff recommends that the City Council approve the first reading of the attached . ordinance rezoning th_e-prope��-�� _�#+'��-1�:�:�frorr��1;-9fn F�•�at�ri , °,:�°.' ,`:� �` _ .� : :: 9 �'.�'' Dwelling, to G2, General Business. �- � � MM:Is M-97-369 16.01 ORDINANCE NO. ORDINANCE TO AMEND THE CITY CODE OF TH$ CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGg IN ZONING DISTRICTS The City Council of the City of Fridley does ordain as follows: SECTION l. Appendix D of the City Code of Fridley is amended as hereinafter indicated_ Be and�is hereby rezoned subject to the stipulations adoptec�; at the City Council meeting. SECTION 2. The tracts or areas within the Count City of Fridley and described as: Y�f �Oka and the Lot 2 , o�,. B � �` i, �•�alnut tiddition Is hereby designated to be in the Zoned District C-2, General Business. SECTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tracts or areas to be rezoned from Zoned Districts R-1, Single Family Dwelling to C-2, General Business. PASSED AND ADppTED BY THE CITY COIINCIL OF TH$ CITY OF FRIDLEY THIS �_ DAY OF 1997. ATTEST: WILLIAM A_ CHAMpA - CITY CLERK Public Hearing: First Reading: Second Reading: Publication: 16.02 NANCY J. JORGENSON - �ypR � CITY OF FRIDLEY PROJECT SUMMARY 7940 & 7922 Ranchers Road Lot Split Agenda Item: Appiicant: Gerald Paschke ; Case Number. L.S: #97-02 Application Date: Staff Reviewer:: M. McPherson � Meeting Date: August 20, 1997 September 8, 1997' City Manager Authorization DESCRIPTION OF REQUEST- The petitioner, Gerald Paschke, requests that a lot split be approved to split a 20' x 75' (1,500 sq. ft.) parcel of land from 7922 Ranchers Road and add it to the property at 7940 Ranchers Road. If the lot split is approved, a 5,637 square foot addition would be constructed on EDM Machine Shop located at 7940 Ranchers Road. SUMMARY OF ISSUES: The subject properties, while complying with the minimum lot area requirements for properties platted prior to 1983, do not meet the lot area requirement of 1'/2 acres, which is required for plats and lot splits approved after that date. The purpose of the lot split is not to create a buildable lot, but to allow construction of an addition. An alternative would be to request a variance to allow a 0 foot setback for a smaller addition (4,249.5 sq. ft.) to 7940 Ranchsss !?�au. Th� proposed addiiion ancl reduction in lot area combines to increase the, lot. caverage on both properties to 39°l0. � The maxir�um aHdwed is 4�%. A previous �ity Council approvai required a series of cross parking access and drainage easements between these parcels and those to the north. These agreements should remain in effect. The Engineering department is concemed regarding the capacity of the regional detention pond to the west as a result of the additional development. The prope�ties meet the other requirements of the M-1, Light Industrial zoning district regulations. The proposed addition will be "zero" lot line in nature, except that the building will be separated by 18 inches. This gap may pose maintenance and aesthetic problems and should be closed. The request does not create lots which meet the minimum 1'/2 acre lot area requirement. Only two of the 23 plats and lot splits considered and approved by.the City since 1983 c�eate�ti�low=standard=lo�s- which were built on. A total of seven were approved wrtM lo#s�belnw standar`ds,= however, those (ots were used for access or encroachment correction purposes and were typically combined �with a larger adjacent lot. . PLANNING COMMISSION ACTION• The Planning Commission recommended approval of the lot split to the City Council with the following amended stipulations: 1. No further future development on the subject or surrounding vacant properties shall occur until an analysis of the capacity of the regional stormwater pond occurs and is approved by the City. 2. The petitioner shall close the 18 inch gap between the proposed addition and the existing building located at 7922 Ranchers Road and make them architecturally compatible. CITY COUNCIL RECOMMENDATION• 17.01 Staff recommends that the City Council deny the lot split request as it does not meet the district requirements and creates a condition of over-crowding. Project Summary L.S. #97-02, by Geraid Paschke Page 2 Petition For: Location of Property: Legal Description of Property: Size: Topography: Existing Vegeta#ion: Existing Zoning/Platting: Availability of Municipal Utilities: Vehicular Access: Pedestrian Access: Engineering Issues: Comprehensive Planning Issues: Public Hearing Comments: PROJECT DETAILS Approval of a!ot split to split a 20' x 75' parcel from 7922 Ranchers Road and add it to 7940 Ranchers Road 7922 & 7940 Ranchers Road Lots 7 and 8, Block 4, University Avenue Industrial Park 47,443 square feet (7922) and 47,447 squa�� fe�# �7940} Mostly flat, however, slopes up from 79�' Avenue Trees, shrubs, sod M-1, Light Industrial; University Industrial Park 1981 Connected 79�' Avenue, Ranchers Road N/A Drainage The zoning and Comprehensive Plan are currently consistent in this area. To be taken. 17.02 Project Summary L.S. #97-02, by Gerald Paschke Page 3 ADJACENT SITES: WEST: Zoning: M-2, Heavy Industrial Land Use: Vacant SOUTH: EAST: Zoning: M-2, Heavy Industrial Zoning: C-3, General Shping Cntr NORTH: Zoning: M-1, Light Industrial Site Planning lssues: REQUEST Land Use: Manufacturing Land Use: Multi-tenant office/ warehouse Land Use: Manufacturing The petitioner, Gerald Paschke, reques#s that a lot split be approved to split a 20' x 75' parcel of land from 7922 Ranchers Road and add it io tf�e property at 7940 Ranchers Road. If the lot split is approved, a 5,637 square foot addition would be constructed on ADM Machine Shop located at 7940 Ranchers Road. SITE DESCRIPTION/HISTORY The subject properties are located in the northwest comer of the intersection of 79"' Avenue and Ranchers Road. 7922 Ranchers Road has the following characteristics: A. Lot area; 47,443 square feet 6. Building area; 17,340 square feet C. The building was constructed in 1982 D. In 1984, the City approved a lot split to split 30 additional feet from the south of 7940 Ranchers Road and add it to 7922 Ranchers Road 7940 Ranchers Road has the following characteristics: A. Lot area; 47,447 square feet B. Building area; 13,940 square feet C. The building was constructed in 1985 D. In 1984, the City approved a lot split to split the southerly 30 feet of this lot and attach it to 7922 Ranchers Road E. In 1985, the City granted variances to reduce the parking setback from the rear and side lot lines from five feet to zero feet 17.03 Project Summary L.S. #97-02, by Gerald Paschke Page 4 The City also approved an easement for drainage, ingress, and egress parking over the subject parcels and properties to the north. At the time of approval, the minutes stated that this easement was necessary to provide adequate parking for the developments. ANALYSIS The subject parcels meet the minimum lot area of 3/ acre for plats recorded prior to 1983. Today's standards, however, require a minimum lot area of 1'/2 acres for lot splits or plats approved after that date. This request would create parcels which do not conform to the 1'/2 acre requirement. The petitioner's proposal to construct a 5,630 square foot addit�on to the building located at 7940 Ranchers Road and increases the lot coverage to the maximur,� of 40%, The lot spli# and removal of 1,500 square feet from 7922 Ranchers Road also causes an increase in lot coverage to 39% for this lot. If approved, neither building will be able to be expanded without approval of a special use permit by the City. The petitioner is proposing to maintain an 18 inch gap between the proposed addition and the existing buildinq at 7922 Ranchers Road. Architecturally; this gap needs to be closed in order to eliminate maintenance and aesthetic problems such as trash collecting between the buildings. Both buildings are masonry biock buiidings, so materiais are consis�ent. i he 7940 building is slightly taller but wilt look fine at a zero lot line. An easement was approved to allow common drainage, ingress/ egress, and parking befinreen the subject parcels and parcels to the north. It is clear that the City's approval of the use of this easement acknowledges that this area is underparked and that further development should not occur. The proposed addition will be used for both manufactucing and storage purposes. The � building owner anticipates a 50/50 ratio between manufacturing and storage uses in�the addition. This increases the required number of parking stalls for the property at 7940 Ranchers Road to 38 statls. 44 stalts are currently provided on-site. The company employs up to 48 employees on three shifts, the largest having 26 employees. The company at 7922 Ranchers Road has 45 employees on finro shifts, and the site provides 28 parking stalls. The petitioner submitted a grading and drainage plan, and the proper storm water calculations. The Engineering department, however, has stated a concern regarding the capacity of the regional storm water pond located west of the subject parcels. This pond accepts water from the subject properties as well as from the development to the west. Further development in this area will require an analysis of all prope�ties contributing to this pond to determine if it is adequate. PLANNING COMMISSION ACTION• The Planning Commission recommended approval of the lot split to the City Council with the following amended stipulations 1, No further future development on the subject or surrounding vacant properties shall occur until an analysis of the capacity of the regional stormwater pond occurs and is approved by the City. 2. The petitioner shall close the 18 inch gap b�t�v��en�the proposed addition and the existing building located at 7922 Ranchers Road and make them architecturally compatible. Project Summary L.S. #97-02, by Gerald Paschke Page 5 CITY COUNCIL RECOMMENDATION• Staff recommends that the City Council deny the lot split request as it does not meet the district requirements and creates a condition of over-crowding. . STAFF UPDATE: Since the adoption of the 1.5 acre minimum lot area requirement in 1983, the City has considered and approved 23 industrial plats or lot splits. Only seven of those approved had lots which did not meet the 1.5 acre requirement. Of those, two created lots which were developed with structures (7940 Ranchers Road and 1130 - 73`� Avenue). The remaining lots were used for access purposes, or combined with �arger adjacent parcels to correct existing encroachments or as green space. A lot area variance to .3 acres was granted to 7786 Beech Street to allow an addition to an existing structure. 17.05 RESOLUTION NO. - 1997 RSSOLUTION APPROVING A SIIBDIVISION, LOT SPLIT, L.S. #97-02, TO SPLIT A PORTION OF 7922 RANCHERS ROAD AND ADD IT TO 7940 RANCHi3RS ROAD TO ALLOW CONSTRUCTION OF AN ADDITION, ON LOTS 7 AND 8, BLOCK 4, UNIV$RSITY INDIISTRIAL PARR, Gl3NERALLY LOCATED AT 7922 & 7940 RANCHERS ROAD N.E. WHEREAS, the City Council approved a lot split at the 1997 meeting, and stipulations attached as Exhibit A; and � WHEREAS, such approval was to split a portion of 7922 Ranchers Road and add it to 7940 Ranchers Road to allow construction of an addition, on Lots 7 and 8, Block 4, Universi�y Industrial Park, generally located at 7922 & 7940 Ranchers Re`�d N.E. The legal descriptions for the two parcels is as follows: Parcel A: All of Lot 7, Block 4, and the North 19.5 feet of the West 75.7 feet of the East 110.3 feet of Lot 8, Block 4, all in University Industrial Park. Parcel B: Lot 8, Block 4, University Industrial Park, except the North 19.5 feet of the West 75.7 feet of the East 110.3.feet thereof . WHEREAS, the City has received the required Certificate of Survey from the owner; and WHEREAS, such approval will split a portion of 7922 Ranchers Road.and add it to.7940 Ranchers Road to allow construction of an addition, on Lots 7 and 8, Block 4, University Industrial Park, generally located at 7922 & 7940 Ranchers Road N.E. NOW, THEREFORE, BE IT RESOLVED, that the City Council directs the petitioner to record this lot split at Anoka County within six months of this approval or else such approval shall be null and void. PASSED AND ADOPTgD BY THg CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , lgg�, ATTEST: WILLIAM A. CHAMPA - CITY CLERK 17.os NANCY J. JORGENSON - MAYOR 0 Page 2- Resolution No. - 1997 EXHIBIT A 1. No further future development on the subject property or surrounding vacant properties shall occur until an analysis of the capacity of the regional stormwater pond occurs and is approved by the City. 2. The petitioner shall close the 18 inch gap between the proposed addition and the existing building located at 7922 Ranchers Road and make them architecturally compatible. 17.07 � -�. - z�m � z 3 - i v1 � � � � x �x ¢ a o � ¢ � Q a z � �-. o `" a � � Q � z Q � � o � � � W � �z n�- V v 1 � � � :� � t 3� �= �� _: ; �� '; ;_ �= _ ,� !�� i �! ; �; � �: � �; �'. � 3 ?� : �i �ii = :� � �j� � .� r'j 4 e: �j� s� ;t� � , �� ' �i1 i � �_� � i! _�i a . — _ cn r.. 0 . . � � "' M ..ZZ.K.00 S BG BS� __. . ' O • � a..� e,� _ 4 d S a �5 'J 3 M l N y y �: � -.s�"�3. N UO'BOg:�- ' 4 __ � _ .'.L. �,.�` _ { - - } �� . � �---� -- '�--+—__--- ----4 ----' --- • - `r`�t`:, e =� -- ° `�l � •, .�\ op; f; ` _ t �' �. _. �_,� `��a ' •� �; %��- � � .l 3�,. � e;y � . 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N A � j � C�n'pded end drelw�l fiCxrlOffiCiel feOadS bHSed an Orrfu�anoe No. 70 and Zonirg effecUive dabe 1/27�6 togett�er wifh aA an� arrfir►- arioes adoPted arxf ef%ctiv�e as af 211 /97. The (Sty of FrideY Fr�s taken every elfart b� vide the most up-bodate intortrn�on availabl� n6 � �8 � �fC.' IS SI�Ct � C�1�1(�E'.. The aty of F��dey vtiill not be nespor�ble far urioneseen errnrs or usage of Uis doarr��. I— L.S. ��97-02 LL` ° � Gerald Paschke i`' ;. � „_ , __ - —,r- � � ° J 1' � ri � � � � � �; ,, ` � d Rr . !s � U �� n � Qy] 0 4'�t� . ,' ` (T � � a z Q �il ,'�,. �'�l P��._ (' P:`' - . i � Ja d�' + i� � � `� Y. . �'� � � �� y��Y . . �k �. - � --- . I a � � �7 n �- � � . - It' I � - � ��: � ^ . . � . . �� E f. Z. � ' i�.� � . i3�� ' .. i � � � < � � . '. i � �, ,; � , � �! zi u 1 a�; ' ; � ' ; i F = � . �� . ti; � � � i J � ' � _ ��'° �' ,, �. n __—.��.�.. •- -- U� �� . . --_ �i �� . F °i�R �- � �-�?, - r�x� !g��?, i.. 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' �. u . :�, ' i —~"�"�----�.._._ ��{,,_. i �. �� - � r �� 17.11 L.S. ��97-02 Gerald Paschke � ... 1'_ ,� ,,. �s �fi � � - -t- - : : �; j' �zu:, �c�� ,�i �g� �:;� � � �� IY�� i r.Y.o � ' s �: � i ��8..�;ptU `� \P Y � y .; Y, � " �' � z I Yi ','. clo � �IiSr-?- r> a 1: ot K �' k. � " vti, K � '� l - V . 1 . Ga� L.S. ��97-02 Gerald Paschke F . � � �� Z � iY _.�:=r o r� sisr � .� r� OOO � p; � n z�d° ai nu� ii �' � �= 71 N �..!�•.1.; fi �r�-_ ��'r �4 �, e Y^ r=� i � � _ 'S� � u S �- � . o U�:nP. �Z � <. r�:e... �,7'a '-`_; �:� � rL ;�'*:a< <�, :t;. .. G � N � � a � y7.12 ; .. ic E' w. . , �r '- -h � (, � : <� 'i �� ip� I`� i;,�, � � d� �<i �!5 , '- E i � i� 3��' IU� ��41<i �. Y. ____ � , ; hd:�k� j �� ,,: �� ' �iz I,f .''_ i' �Y �� ' ,.�� i;iP I y F � ..,.�. � i --�;.,a �, �. � �� (.' � i ti $:�'` � ° �_ � k' ,�i ;�. � I K `, �� : � =I. X � i�� : GWP � G.W. PASCHKE � I�� P.O. BOX 308. ROGERS, D�7 55374 TF.LEPHONE /81 `2� 428-771 L FAR 1812� 438-7712 July 10, 1997 Michelle McPherson City of Fridley 6431 University Avenue Northeast Fridley, Mn 55432 Dear Ms. McPherson: As,per your request in your letter dat�d�Jaly 8, 19y7, this ietter is written to verify the fee owner of 7922 Ranchers Road, Fridley, Gary Haider agrees to the lot split as per our application submitted July 2, 1997. Si e ely, e ald W. Pa hke P/r� 17.13 Agrees to lot split between 7922 and 7940 Ranchers Road Fridley, MN. � Gary �er, Fee Owner 7922 Ranchers Road Fridley, IriN 55432 EASEMENT This Easement dated this j0�'`` day of �(o,wacy 198�, by and between RICE CREEK ASSOCIATES, a Minnesota limited partnership, (hereinafter referred to as "Rice Creek") and GERALD W. PASCHKE and ROSEMARY E. PASCHKE, husband and wife (hereinafter collectively referred to as "Paschke") and RICHARD L. REILING and MARY A. REILING, husband and wife (hereinafter collectively referred to as "Reiling") and GARY F. HAIDER AND VIRGINIA G. HAIDER, husband and wife (hereinafter collectively referred to as "Haider"). WHEREAS, Rice Creek is the fee owner of certain real property legally described as follows: Lot 4 and Lot 7, except the South 30 feet thereof, Block 4, University Industrial Park, Anoka County, Minnesota, (hereinafter referred to as "Rice Creek Property"); and W�IEREAS, Gerald W. Paschke is a Contract for Deed purchaser of the Rice Creek Property; and �;��o -, �, , �,. . . � _ ` . �_f f -- ' '-�` <+ WHEREAS, Geraid W. Pasch;ce is also the fee owner of Lots 1, 2 and 3, the South 30 feet of Lot 7 and Lot 8, Block 4, University Industrial Park, Anoka County, Minnesota, (hereinafter referred to.as "Paschke Property"); and WHEREAS, Richard L. Reiling is the contract for deed purchaser of Lot 2, Block 4, University Industrial Park, Anoka County, Minnesota; and WHEREAS, Gary F. Haider is the Contract for Deed purchaser of. Lot 8 and the South 30 feet of Lot 7, Block 4, University Industrial Park, Anoka County, Minnesota; and WHEREAS, the parties hereto wish to grant a mutual non-exclusive easement for drainage and ingress and egress over a portion of the Rice Creek Property and over the Paschke property. NOW, THEREFORE, for One Dollar and other go�d and. valuable consideration, the r�ceipt and sufficiency of which is hereby acknowledged, the parties hereto hereby covenant, agree, convey, grant and accept as follows: 17.14 1. Rice Creek hereby grants, conveys and quit claims a mutual non-exclusive easement for drainage and ingress and egress over and across the westerly 50 feet of Lot 4 and Lot 7, except the South 30 feet thereof, Block 4, University Industrial Park, Anoka County, Minnesota, which easement shall be appurtenant to and for the benefit of the owners, their successors and assigns, heirs and personal representatives, of Lots l, 2, 3, the South 30 feet of Lot 7 and Lot 8, Block 4, University Industrial Park, Anoka County, Minnesota. 2. Paschke hereby grants, conveys and quit claims and makes appurtenant to and for the benefit of the owners of Lots 4 and 7, except the South 30 feet thereof, Block 4, University Industrial Park, Anoka County, Minnesota, a mutual non-exclusive easement for drainage and ingress and egress over and across the westerly 50 feet of Lots l, 2 and 3, the South 30 feet of Lot 7 and Lot 8, Block 4, University Industrial Park, Anoka County, Minnesota, which easement shall be appurtenant to and for the benefit of the owners, their successors and assigns, heirs and personal representatives of Lots 4 and 7, except the South 30 feet thereof, Biock 4, University Industrial Park, Anoka County, Minnesota. 3. Richard L. Reiling and Mary A. Reiling, husband and wife, as Contract for Deed purchasers of Lot 2, 31ock 4, University Industrial Park, Anoka County, Minnesota and Gary F. Haider and Virginia G. Haider, husband and wife, as. Contract for Deed purchasers of the South 30 feet of Lot 7 and Lot 8, Block 4, University Industrial Park, Anoka County, Minnesota, hereby enter into this mutual Easement and agree to abide by the terms thereof. 4. The owners of the prop�rty described herein shall be jointly responsible for the maintenance, operation, repair and improvement for any improvements located on the easements as set forth herein. The parties hereto shall not be responsib.le for the construction of initial improvements located on the easement areas. S. The owner of the property subject to easement areas shall be solely responsible for liability insurance on that portion of the Property owned by them covered by the easements. 6. This Easement and the cov2nants and conditions contained h�rein shall be binding upon the heirs, personal representatives, successors and assigns of the parties hereto. 17.15 7. The Easement created herein shall be for the exclusive use and benefit of the owners of Lots 1, 2, 3, 4, S, 6, 7 and 8, Block 4, University Industrial Park, Anoka County, Minnesota. 8. The parties hereto hereby grant to one another the right of access to any improvements located in the easement areas described herein for the purpose of maintenance, repair, construction and replacement for any improvements located in said easement areas. No party shall disrupt the use of the easements set forth herein and shall not block, obstruct or park on said easements except parking may occur where designated. IN WITNESS WHEREOF, the parties hereto have set their hands the day and year above first wri`.ten. RICE CREEE4 ASSOCIATES � j_ �! �-� B Y %` , G �� :�/i A eral Partner . GERALD W._ PASCHKE . .�� _ i � �1_ ��z RY . R LING � � L r l il ��>? �.�..� � � � �' .r�<`� GARY �i , HAIDF� ` / � �, t ._�� f��_i_ Z�. :� <_ � � _ ;\ � VIRGINIA G. HAIDER - 17.16 � STATE OF MINNESOTA ss. COUNTY OF ANOKA The foregoinq instrument was acknowledged before me this ��=day of ,-~- �{,c�._L�' , 198��, by _/i.�-Jlr T �'• � r't.�'_i;i `: , a General Partner, of RICE CREEK ASSOCIATES, a Minnesota limited partnership, on behalf of s-aid partnership. _ JOAN E. BIACK `� ( `rL�.tJ ( • ��' � i /��y,� �y�, Notur DuElic - kiaaesoU + 1�:�' !�' •{{'��,� Anoka Cou�ty � No�ary PUb11C `+=�'�•Y'� ra r,....-,� c E•n:.r { \A ��t �. . . . .. . , STAT OFA NIINNES��'�A4� )9O1 .��w_��,.ww.�.��._�.t., ._w.w�n� ..a� S.S. , COUNTY OF ANOKA ) �he foreg �in instrument was J /% day of .� , �2« 2.�2 c ► GERALD W. PASCHKE and R0 EMARY E. acknowledged before me this 198 G�, by PASCHKE, husband and.wife. �.-..-�.-.� �-, � _�OAta f. BIA�K � � `� ' .6.�. � f-rrt ,-� • �. ' . �.�L� :� � , Notary Public - A�inne:ot� �r�.� . Notlary Public 1':. Anokd County � i1.,�r • My Con��.si..� Frp�rcx { . ~�� . AUgust 9. 1997 � - STATE --�'''.'�"...; ) ss. COUNTY OF ANOKA ) ��.�iThe foregoing instrument was acknowledged before me this � day . of �„ 3, � c, , 198 �, by RICHARD L. REILING and MARY A. -REI ING, htxsband anrl� wife. �' -�� - �- �,`�`�.-� JAME8 BENSON ` js�" : ftOTARY PUBUGh11NNESOTA � �,_ HENNEPIN COUNTY �r Comrn►sYOn �tra tt.1o. 19:?. S T AT� .. ) ss. COUNTY OF ANORA ) . ! :,'� , ;��_-�-�` �'< < <�� ' o ry Public �7The foregoing instrument was acknowledged before me this /� day of i��"rJ;<<i.;.=• ' , 198C , by GARY F. HAIDER AND VIR INIA G. HAI R, husband and wife. i -> . .� i.� i ��t��!'<<'l•<� '"` JA1rtE8 BEItSON No ry Public }�� ' : NOTA1tY PUHUGMINHE90TA � =��_ HENN�81N COUNTY Mr commtsslon E,�IrM 11.�0. tC83 THIS INSTRUMENT WAS DRAFTED BY: Herrick & N�wman P.A. 6279 University Avenue N.E. Fridley, Mianzsota 55432 17.17 "ND DELINQUENT TAXES AflD 7RANSFER ENTEREO" � �\ / �� ( , 19 ,� � ��` �� -��--�� Audifcr, A ka Cou � ., BY � �p�ty i �/ 2. , ,.(,�'t'� �� . ��!�i ��. �, � p,«a�„r. a�; • ; , h�ION bY Qouncilman Barnette to ranwe this iten fran the table. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Olson stated he agreed with the two year time limit in orc7er to bring the sign into oamplianoe with the code. NDTION by Councilman Hanernik to allow Mr. Olson to maintain the pr�sent si� size for a period not to exceed two years (January 1, 1987) , or if he is no longer in business before this time, the permission to maintain that sic� would be terminated. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carriect unanimously. Mr. Flora, Public Works Director, stated this resolution is necessary in �rder for a lot sglit to be recorded which was approved by the Council on April 16, 1984. Mr. Flora stated indirectly associated with this action is a bill for $330 for cleaning the sanitary manholes at: 7820 University and 8010 Rancher's Road. Mr, riora stated there was also a stipulation made by Council for an agreement to be re�rc3ed at the �unty to allaw tenants of Lot 1, Block 2, East Ranch Estates to use �rking facilities of Lots 4 through 8, Block 3, University Industrial Park and vice versa. He stated the (� t y has a co p� o f the agreenent, but it has not been filed with the Qounty. r'r�'I'ION by Councilman Hamernik to adopt Resolution No; -�36-�984: =Seconded b�r O�uncilman Barnette. Mr. Herrick, City Attorney, stated he would contact Mr. Paschke' s a�torney for the original copy of this agreement so the city could process it for reo�rding. Mr. Flora stated in order to pravide for adequate parking, it is c3ependent on the reoording of this agreenent. It was the concensus of Council if the cost for cleaning the sanitary manholes was not paid, it would be assessed. UR�N A VOICE VO'I� TAF�1 CN 'gIE ABQ�IE M�TIpN� a1.1 voted aye, and Mayor Nee declared the motion carried unani,mously. �!?.� : �i� , .. . . � � • � � _:�! . � � �s� • ,� . . ;_ ;� � � +� � � �_�i� w � �� .� ,� �t�! .�� .�±�M�?�� • � a: _, y Mr. Llayd L�md, .Deputy Director of the F�nergency Services Division for the Minnesota Deg�rtrnent of Public Safety and Mr. Zbm A1.corn, Hazardous M,aterial S�ecialist, presented information regarding the hazardous materials response team. Mr. L�md stated the State has tried to. imprwe their cap�.bilities for handling hazardous waste incidents and, in 1982, an executive order was issued for the Departrr.ent af Public Safety to coordinate with other State _4_ 17.18 � ,i, ::� �t ;:� � . } `� � + �, � xw rv 6 y. �' x� '�; � 1. � �Y � ) X � A � . ~ � ' - 0.^� � �� ;T ` '� �b �^ .,�. � �;E.d � . _..._ . :..: , - ,r:irs,s � � L> ;�; _�` ;,- t _ • 5 s 7• ` .�rf �� ..� . f� +r �, 1 S� �4� : - ;ij;9 ... ,}�^a:. _ :��; _ _- , . . . ,. _ ,�.:f.:``2` � �'4•+ . . 'y're. 1._} "'�'..� ��; '� r -�� .rs � 4� u.- . . '� f' � k'�'�L`:� j . � f t � �::y�. M .�, � , .k r,�� `., �J .�z'-'� u� A �i 4' 3f .. # ��°i�� ' _ `i . _. �'.:� fF a-i•.i�. , ��!N � � '*si.Ml � + : • _fP� �. . . � ' r�'�,. � .�� . '� � r. f �. � � ... � } �_F_ � � . . •.?'�. h, r r - t. ; "'�f�?ex � �'-tr�i . . x'. _ . � � ' ` :D �� 8r .,S `� . . � .� k � x }�f �p��` �t �� .s k,} � �� ' ' ' 3��'wt t : i�_ �'� t` ` ( � . , i- S ..'~ -�----. _ .. _ _ �J�'ie�c *� .� r �''" r ��! .' ' + � � 1.�t � . :l�i �:':i.° . �'+'sa�; ��9:.a� a�t�+� � � iA_ .. . + * . . s � ,. .'�!. . . .. , . . � . �.�,.�,�. ��.�,�: b' _ — � , ��? i s;�4 r `� ;�. ,1 : r � ,; r %4 �. � ' i�'� ;�� ' �; �; "�`.�� w n�`1 ' ti...� R ' � ;.. � . ,s,�r,� „- � �:�� ;. �; : s e � � : f _ � €Y� ' T qrk ��'� _� �?� ,;� �' r � � ,f-�� ' �7 `;� � ��iM�� .T��_. \ { 1'�� !_, L� 'f ' ..�. "1 . �;��, . x 3" r r � ° � � �'�,""� �^r y: � �: ', c �'.f �i' ��" .• . i «�! �', a � . a� .. .'.�,�...;�. . sV ivc �� h�� ;�:' � � E � .,;� .,. !@t � � � r _ �.. _ ,, , � �. , �;' . F _ � �q—F�. ��wE 1.: ,, .... , . . . � .-tY: � . _ . . � ��• f,R .. .'��;� �'. � tY . r �� F'"'"r':".yrx° :� t t 5� '_ :r . *};,�„��. ^�fi� � f � � � . ,� ;� . _ . �.i. � Z�Y� � r � �' ^+� i . � �i�''� �1 �,.��iFr� i?;_.!�i:� � � : .go:..es�'�. =' .%y. . .:�. � } w ♦: F . . , 4;�. ♦ � -. . . � . . 17.19 -- - CITY OF FRIDLEY PROJECT SUMMARY DESCRIPTION OF REQUEST• Greg Frank of McCombs, Frank, Roos, and Associates requests that the City approve a preliminary plat entitled "Walton Addition". The proposed plat is for property generally located at the intersection of 81 St Avenue and University Avenue. The proposed plat will create four lots; one containing Sam's Club, a vacant parcel, an outlot, and dedicated right-of-way for the West University Avenue Service Road. SUMMARY OF ISSUES: This request is the culmination of several requests dating back to 1991. At that time, Wal-Mart considered constructing a Wal-Mart store adjacent to Sam's Club. Two plats since that time were. requested and then withdrawn. The proposed lots meet the minimum lot area requirement for the C-3, General Shopping Center District. The proposed outlot will contain a storm water pond which has been sized to accommodate storm water run-off for�the complete development of both lots. A portion of Lot 2, however, i� currently zoned G2, General Business, and will need to be rezoned once Lot 2, Walton Addition has-been sold and is ready to be developed. Cross- parking and access easements, as well as a common storm water pond use and maintenance agreement will need to be recorded against the plat. PLANNING COMMISSION ACTION: The Planning Commission voted unanimously to recommend approval of the request to the City Council with the following stipulations: 1. A joint storm water pond use and maintenance agreement between both owners of Lot 1 and 2, Walton Addition shall be executed and recorded against Outlot A, Wal�on Addition. 2. Cross-parking and access easements shall be executed and recorded against Lot 1 and Lot 2, Block 1, Walton Addition. 3. Tha# po�tion of Wa�ton Addition currently defined as Lot 2, Block 2, Caba Realty 15t Addition shall be rezoned from C-2, General Business to C-3, General Shopping Center District prior to the time of development. 4. The petitioner agrees that both Lot 1 and Lot 2, Walton Addition, shal! be assessed for their share of the installation o# a stoplight at 83`d & University Avenues. 5. The petitioner shall pay a park dedication fee of $13,359.03. CITY COUNCIL RECOMMENDATION: Staff recommends #hat the City Council concur with the Planning Commission action. A resolution approving the preliminary plat is attached for the City Council's approvaL 18.01 Project Summary P.S. #97-02, by Wal-Mart Page 2 Petition For: Location of Property: PROJECT DETAILS A preliminary plat to subdivide 22.49 acres into two lots, an outlot, and dedicated right-of-way. 81S' and University Avenues Legal Description Part of Section 2, Township 30, Range 24; Lot 2, Block 2, of Property: Caba Realty First Addition; Lot 1, Block 1, Vantage ' Companies Addition Size: 22.49 acres; 979,664.4 square feet Topography: Existing Vegetation: Existing Zoning/Platting: Availability of Municipal Utilities: Vehicular Access: Pedestrian Access: Engineering Issues: Comprehensive Planning Issues: Public Hearing Comments: Flat Sod, trees, shrubs C-3, General Shopping Center District and C-2, General Business Connected; University Avenue West Service Road 81 S` Avenue, University Avenue West Service Road University Avenue bikeway "Regional pond" usage/maintenance The zoning and Comprehensive Plan are currently consistent in this area. To be taken. 18.02 Project Summary P.S. #97-02, by Wal-Mart Page 3 ADJACENT SITES: WEST: Zoning: M-2, Heavy Industrial SOUTH: EAST: NORTH: Zoning: M-2, Heavy Industrial Zoning: Spring Lake Park Zoning: M-2, Heavy Industrial C-2. General Business Site Planning Issues: REQUEST: Land Use: Tn.�cking terminal Land Use: Mixed industrial, multi-tenant Land Use: Commercial multi- tenant Land Use: Office/warehouse . multi-tenant Assembly Greg Frank of McCombs, Frank, Roos, and Associates requests that the City approve a preliminary plat entitled "Walton Addition". The proposed plat is for property generally located at the intersection of 81 �` Avenue and University Avenue. The plat will create two lots; one containing Sam's Club, an outlot and dedicated right-of-way fa� the West University Avenue Service Road. SITE DESCRIPTION/HISTORY• The area to be platted is located north and west of the intersection of 81 S' Avenue and the West University Avenue Service Road. It encoFripasses #be-S�ar�r's-Cl�tb -- --= = � � �- -= �� • �� - - - development and the remaining vacant property adjacent to and north of the Sam's Club. Sam's Club was constructed in 1986 and includes a 252' x 402' building and a 31' x 82' tire changing bay for a total of 103,846 square feet.. This property was rezoned in 1985 from industrial to commercial. In 1986, a lot split was approved, and in 1993, the City approved a special use permit to allow the sale of cars, boats, or RV's twice per year. In 1991, the petitioner submitted a plat request in order to allow construction of a Wal- Mart store adjacent to Sam's Club. This plat was not approved. A 1992 plat entitled "Sam's Addition" was also not approved. 18.03 Project Summary P.S. #97-02, by Wal-Mart Page 4 ANALYSIS- The proposed plat will include four parcels: 1. Lot 1; 12.96 acres, which will contain the Sam's Club facility. 2. Lot 2; 7.11 acres, which wiil be vacant and sold for a future use. The use at this time is unknown. 3. Outlot A; 1.81 acres, which contains a storm water pond which will service both Lot 1 and Lot 2. 4. Right-of-way dedication for the West University Avenue Service Road. The proposed lots meet the minimum lot area requirements of the C-3, General Shopping Center District. The Sam's Club currently meets the zoning requirements set forth in the C-3 district. Wal-Mart Inc., owner of Sam's Club, is proposing °� 22;000° square foot expansion of the Club along the south side of the existing building. This expansion will be 52' wide x 427' long. The Sam's Club will still meet the C-3 district requirements after the proposed expansion occurs. The storm water pond is adequate to contain run-off from full developmerat of both Jots. Several. stipulations are =-� --�- =-.-- - --- --- recommended to insure cross-parking and access easements ar�d joint use and maintenance of the storm water pond. In 1985, the City provided tax inc��ment assistance for soil correction far�th� ��-� -' - construction of the Wholesale Club, the original development. Previous stipulations as conditions of approval for historical land use and financial requests have included � contribution to the installation of a stop light at 83`� ancl Urriversity Avenues, prohibition of automotive uses, and a minimum cost of ir�provemen#s comple#ed at the site. The 1985 tax increment development agreement required that additional construction proposed for north of the Wholesale Club "cost", not value, a minimum of $3 million. The development agreement has since expired, and the property was sofd to Wal-Mart. Staff has been contacted by Backman's who is already preparing plans for construction on the newly created lot, plus a pad for a restaurant. It is anticipated that befinreen this proposal plus the cost of the Sam's Club expansion, the total cost will meet the original $3 million requirement. The north portion of proposed Lot 2 is cu�rently zoned C-2, General Business. In order to promote consistent zoning on Lot 2, staff is recommending a stipulation which requires rezoning of this portion from C-2 to C-3, General Shopping Center district. 18.04 Project Summary P.S. #97-02, by Wal-Ma�t Page 5 . This rezoning needs to occur prior to any development on Lot 2. Bachman's is aware of this requirement. PLANNING COMMISSION ACTION: - - The Planning Commission voted unanimously to recommend approval of the request to the City Council with the following stipulations: 1. A joint storm water pond use and maintenance agreement between both owners of Lot 1 and 2, Walton Addition shall be executed and recorded against 0utlot A, Walton Addition. 2. Cross-parking and access easements shall be executed and recorded against Lot 1 and Lot 2, Block 1, Walton Addition. 3. That portion of Walton Addition currently defined as Lot 2, Block 2, Caba Realty 1� Addition shall be rezoned from C-2, General Bt�siness to C-3; Gener�l Sho -� tn PP 9 Center District at the time of development. 4. The petitioner agrees that both Lot 1 and Lot 2, Walton Addition, shall be assessed for their share of the installation of a stoplight at 83'� & University Avenues. 5. The petitioner shall pay a park dedication fee ofi$13,359.03. CITY COUNCIL RECOMMENDATION: Staff recommends that-#he• City Council �oncur with �he PaanFling-��mmissior��actio�. A resolution �pproving #he pretiminary pla�is at#ac#�ed #or-�he City Council's-approval. - 18.05 RESOLUTION NO. - 1997 A RESOLUTION APPROVING A PRELIMINARY PLAT, P.S. #97- 02, WALTON ADDITION Wi-IEREAS, the'Planning Commission held a public hearing on the preliminary plat, P.S. #97-02, on August 20, 1997 and recommended approval; and WHEREAS, the City Council approved the preliminary plat at their , 1997 meeting; and NOW, THEREFORE, BE IT RESOLVED,.that the City Council of the City of Fridley hereby approves the Plat, P.S. #97-�,:�2, inWalton Addition, and authorizes the Mayor and City Manager to sign the Plat as prepared by McCombs Frank Roos Associates, Inc. BE IT FURTHER RESOLVED that the petitioner is requested to record this Plat at Anoka Coun*y within six ;5; months.or said ap.prcval will become r.all and void. PASSED ANI1 ADOP,TED BY THE GITY COUNCIL OF TiiE CIiY OF FRIDiEY THIS DAY-OF-- __.__ __ , .1997. _ ATTEST: WILLIAM A. CHAMPA - CITY CLERK � . • � • NANCY J. JORGENSON - MAYOR � / � 83 A\E NE 81 AVE NE 81 AVE PE � � � � � � w U � � ,� �� _ �� I � _ . �y3�� _� M2 -.��- M1 ��: � F�1 - Q�e Fartily Urits o�3 _ T�, � Plat Request, PS #97-02 o � -�� Puo - � u�,rt oe,�►,�,c s� - M�de Parx r�igl��«r,00a o sz -�►,�,� a� A request by Greg Fr�k of McC',ombs, � G, -`'°`�' �"'� Frar�c, Roos, Associates, on behalf 0 a2 - c�,�� e�� G3 - C�neral SFq�in9 of Wal-M�t Ca-poration, to replat � GR1- C�enerdl O(fice 0 nM� -u�rxi�� jx'Oj�j/ II'1�0 tVW �O�S, OCIe 0� WfllCfl WI�� tut�2 - Fl�vy �ndustria� b2 SO�C� 1,S Vc'iCaflt ��. nh3 - outdoor �ncensive t+eavy �nd. � RR - Raihoads 0 P - Ptblic Facilities o �� Y � 18.07 N A I c«►,�� ,a �, �,� � �a a, o��,oe nb. �o and zo�,in� n� e�e�e da6e 1/27/56 tiogether vu�h all arr�endng atiR- anoes adopted arxl effecti�e as af 2/17/97. The c,ily aF Frid�ey r�as � every efiFort to �xo- vide the most t�to�date inFont�tion available. 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H .`.� . � _ LL'Gi� M.t1.9L00N - P.S. ��97-02 Wal—Mart .- .. .. .. , ... .I. . .. _ �r°a T— I � �%�'' y _ I =�'� � U ._ , J� /�� Q / TG �. W .., z�^�— --� � 3� � 3.'1LM'3'+ SS3N� C� i g •W,qqyy ' Y..' aoYO� , . � ' D �� W � � f� ... �� f _ � a+^a : saj:�:x�r�n: Y v� �— W O �,. / _ � MJ w n. l � ^� IJ_1 �fi. Y I ± �.� � I � • N< n� I N _ _� I � ` � I ~o ,q, � I �tl tt cc �� e9ecr �74 oa+ _ � 3 3 ! —, — � � = 18.11 __ � � � � r� f � �S � y,2� � F� �� di � • O U z vi w F s U O N a � 0 0 a �i,i� � � � 0 U .�. t_ COtJNCIL P'IE�I'ING OF M�iuc�I 17, 1986 Mr. Flora stated, in association with the glat, is rezoning of the par,cel f ram t�f-2 and C-2 to C-3 and C-2 to al l ow dev el opnent of th i s pr ope r ty� He stated the first phase was the construction of approximately a-100,000 s�uare foot Wholesale Qub to be follaaed b� a second phase of coristruction of 77,000 square feet of �dditiorx�l retail sg3ce. '` Mr. Flora stated an informal Environmental Assess�ent Worksheet was distributed to various agencies in the metropol.i�tan area and the City received no adverse a�mnents. � Mr. Flora stated the Planning Comission recommended approval of the preliminary plat with a total of five stipulations as follaas: (1) Plat to be recorded prior to rezoning being, recorded; (2) Ac3ditional right-of-way to be p°uvided consistent with street improvanents; (3) Driveway onto 81st Aven•��e to be widened to three�anes; (4) Driveway onto the service road to � t'-'�Po-a��: ��a.�er.t 3r�z��ay to be located north of curve with Phase II oonstruction; and (5) Park fee �nsistent with are3 of lots on final plat to tie �xiid prior to reco�ding, .i �� There was no�,,response from the audience regarding this final plat for V�r:tage �:,;i��ies, inc. !'�TI�'�by Coanciiman Barnette to close the public hearin . Second cilman Good.s ed. 9 ed by pe Upon a voice vote, all voting aye, Ni�yor Nee declared e motion carried unanimously and the public hearing closed at 7:39 p.m. • � : �L?- 2• �NSIDERATION OF AN AGRE�Nr FpR THE DEVEIAPMENT OF THE REZONING OF THE P1�PEf�I'1' GENERALLY IACATID B�,Tt�VEEN 81ST AVFN[JE AI�ID 83RD AVENUE AND BETWEEN MAII�1 5`I'RE�.'I' AI�ID UNIVERSITY AVENIJE. BY iIAI�TrAGE QOMPAIVIES. INC Mr. Qureshi, City Manager, stated this agreene.nt has been worked out between the City and Vantage Properties, Inc. in order to assure the type of develognent the City desires for this property. Mr. Qureshi stated legal co�sel for Vantage has indicated they have closec3 on the purchase of this property and staff's recommendation would be to authorize entering into this agreanent. Mr. Qureshi stated staff is still working with the developer in regard to the aesthetics of the building so it will complanent other structures in the ar ea. MJTION by Councilman Goodspeed to authorize the City to enter into this agre�nent with Vantage Progerties, Inc. Seoonded by Co�mcilman Fitz�trick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried una nimously . 3• ORDINANCE N0. 855 FOR REZONING UEST, ZC� �85-04, Tp REZONE THE PROPERTY GENERALLY LOCATED BETWEEN 81ST AVENUE AND 83RD AVENUE AND BETWEEN MAIN STREET AI�ID UNIVFIRSITY AVENUE. BY VANrAGE Q�MPANIES. INC -2- 18.12 . _ 1 COUNCIL MEETING OF MARCH 17 1986 I�DTION by Cotmcilman Goodspeec] to waive the seoond reading of Ordinance No. 855 and adopt it on the sea�nd reading and order publication. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee decl ared th e motion carried unanimously. N�a BUS P1 _ . l 4' RDCEIVING THE MINUrES OF THE PIANNING COMMI IO i�EETING OF FEBRUARY 26 1986: F1• OONSIDERATION OF I�0`I' SPLIT REQUEST, L S #86 O1, GENERALLY LOCATt."D AT_5738 -7TH STRFET N E, BY THOMMAS BUJMBERG Mr. Flora, Public Works Director, stated this is a r�uest to cnmbine three : 44 foot lots and split then ircto two 66 foot lots for property lc�ated west ; of 7th Str�t �n�a north of 57th place. He stated the code call s f or a lot ara3 of 9,000 s�uare feet and a lot width of 75 feet so variances would be necessary if the lot split is appraved. He stated the lots would be 8,905 square feet and 66 feet wide, hawever, there were quite,--a few lots in the neighborhood 65 feet wide. Mr. Flora stated the Planning Commission recommer�d'ed approval of the lot sglit with rour stipt�ations which he outlined. � HDTION b� Councilman Goodspeed to apprvve lo sglit, L. S. #86-01, with the follaaing stipulatons: (1) Existing house be remaved prior to issuance of a building permit; (2) park fee of $75 be paid .prior to issuanee of a building permit; (3) Lot split to recorded buildin � prior to issuance of a 9 pertnit; and 4) Uariances fo lot area from 9,000 square feet to 8,905 s3uare feet and lot width fr 75 feet to 66 feet are approved with this lat sglit. Se�nded b� Co� lman Barnette. Upon a voice vote, all voting aye, NL3yor Nee declared e motion carried �.uianimously. B. �N IDERATION OF SPLIT UE L. . 86-02 GENERAI,I,Y IACATID AT 7136 RIVER R�1D N.E. BY RICHARD MALECIIC; Mr. Flora, Public Wor Director, stated this is a request for a lot split of the exception pr rty to the Riverwood School plat. He stated the progerty is locat north of 71st and west of East River Road. Mr. Flora stated the prop� 1 is to split off the westerly 90 feet cr�ting a new lot in excess of 1,000 s�uare feet, with access onto the r�w Riverwood Drive. Mr. Flora ated the way the property lines were drawn means the front of the pro rty is facing on neighboring property lines. He felt if a trian ar piece of property could be provided for this lot split, there Wo�d a front yard on Rivenaood Drive. Malecek stated he has talked to the developer, Mr. Cook, and he has a rtner invalved, as well as a builder, who would have to approve of his obtaining this triangular piece of property. He felt it may be difficult for him to aoquire the property. -3- 18.13 �� PLANNING COMMISSION MEETING DECEMBER 11 1991 PAGE 3 are sharing the same service, then the property owners would have to work that out. Mr. Kondrick stated they need to be assured that both houses have sewer and water services. Mr. Clarence Olson, 1660 Mississippi Street, stated there are definitely two sewer and water hook-ups to both houses. Both lines come out straight from the center of each house out to the street. Mr. Olson stated they built the first house at 1668 Mississippi Street in 1962. In 1963, they decided to build another house (1660 Mississippi Street), and a building permit was issued by.the City. MOTION by Mr. Sielaff, seconded Mr. Saba, to recommen:i to City Council approval of lot split request, L.S. #91-04, by Clarence and Agnetha Olson, to split a lot into two parcels: Parcel A Th? w°st 17�.06 feet of the north 250 feet of Lot l, Auditor's Subdivision No.-�22, Anoka County, Minnesota, Subject to roads anu easements%�of record. Parcel B Excep�he west 170.06 feet of the north 250 feet of Lot l, Audit 's Subdivision No. 22, Anoka County, Minnesota. Sub,ect to roads and easements of record. T is property generally located at 1660 and 1668 Mississippi treet N.E. UPON A VOICE VOTE, ALL VOTING AYE, CIiAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. 2• PUBLIC HEARING: CONSIDERATION OF A PRELIMINARY PLAT P.S. 91-03, BY BRW INC FOR LEONARD VANASSE OF MAR LEN DEVELOPMENT. To replat Parcel 6(Lot 2, Block l, Mar-Len Addition) into Lot l, Block l, Mar-Len 2nd Addition, and Outlot A, Walmart Addition, generally located at 8200 Main Street N.E. 3• PUBLIC HEARING: CONSIDERATION OF A PRELIMINARY PLAT P.S. 91-04 BY BRW INC FOR WEMBLEY INVESTMENT COMPANY To replat an area (Parcels 1-5) into Lot l, Block 1, Walmart Addition. The following are the legal descriptions: Parcel 1: The North 425.23 feet of the South 877.87 feet of all that part of the Southwest Quarter of the Northwest Quarter of Section 2, Township 30, Range 24, Anoka County, 18.74 PLANNING COMMISSION MEETING DECEMBER 11 1991 PAGE 4 Minnesota, lying Westerly of State Trunk Highway 47, excepting the Easterly 600 feet thereof. That Judicial Landmarks have been placed pursuant to Torrens Case #T-1944 at the Northeast corner, the Northwest corner, the Southwest corner, and the Southeast corner of the North 425.23 feet of the South 877.87 feet of all that part of the Southwest Quarter of the Northwest Quarter of Section 2, Township 30;�Range 24, Anoka County, Minnesota, lying Westerly of State Trunk Highway 47. Certificate of Title No. 63394. Parcel 2: The Easterly 600 feet of the North 425.23 feet of the South 877.87 feet of all that part of the Southwest Quarter of the Northwest Qiiarter of Section 2, Township 30, Range 24, Anoka County, Minnesota, lying Westerly of State Trunk Highway 47. That Judicial Landmarks have been placed pursuant to Torrens Case #T-1944 at the Northeast corner, the Northwest corner, the Southwest corner, and the Southeast corner of the North 425.23 feet of the South 877,87 feet of all that t�art of the Southwest Quarter of the Northwest Quarter of Section 2, T��,�nsY:ip 30, Range 24, Anoka Cc�.:nty, .M.inr.�s�ta, ?ying Westerly of State Trunk Highway 47. Certificate of Title No. 60865. Parcel 3: Lot 2, Block 2, Caba Realty First Addition, according to the plat on fi�e in the Office of the Registrar of Titles of Anoka County, Minnesota. � That Judicial Landmarks have been placed pursuant to Torrens Case #T-1944 at the Northeast corner, the Northwest corner, the Southwest corner, and the Southeast corner of Caba Realty First Addition. Certificate of Tit1e No. 60868. Parcel 4: Lot 3, Block 2, Caba Realty First Addition. Parcel 5: Lot l, Block 1, Vantage Companies Addition. This property is generally located at 8150 University Avenue N.E. 4. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT SP �91-14, BY BRW INC FOR WEMBLEY INVESTMENT COMPANY Per Section 205.15.O1.C.11 of the Fridley City Code, to allow a garden center on: MOTION by Mr. Saba, seconded by Mr. Kondrick, to waive the readings of the public hearing notices and to open the public hearings for P•S. #91-03, P.S. #91-04, and SP #91-14 by BRW, Inc. 18.15 PLANNING COMMISSION MEETING DECEMBER 11 1991 PAGE 5 IIPON A VOICE VOTE, ALL VOTING AYE, C$AIRPERSON BETZOLD DECLARED T$E . MOTION CARRIED AND THE PIIHLIC ggARINGB OPEN AT 7:40 P.M. Preliminarv Plat P S #91 03 Ms. McPherson stated this request is to replat Lot 2, Block l, Mar- Len Addition, into two parcels. The parcel is generally located west of Main Street and north of the ANR Trucking facility. The property is zoned M-2, Heavy Industrial. There is additional M-2 zoning to the north, south, east, and west. Ms. McPherson stated the proposed plat will create two parcels, one which will be described as Lot l, Block 1, Mar-Len 2nd Addition, and one which will be described as Outlot A of Walmart Addition. ThP purpose of Outlot A wi11 be to serve as the_detention pond for Lof; 1, Block l, Walmart Addition. In 1982, the National Wetland Inventory did identify wetland on the Mar-Len property. During the development of the ANR Trucking plat located along 81st Avenue, this wetland area was �illed in and a new low area was created generally south of the identified wetland. The Wildlife Biologist for BRW has determined that this new low area is a wetland under the Army Corps of Engineers' jurisdiction and will be part of an Army Corps nation-wi�e permit to fill and recreate the wetland. Ms. McPherson stated this proposed plat does create a new buildable lot of approximately three acres on the north half and also creates the detention area. .In relation to the detention area, �here are some proposed restrictive covenants, and those will be discussed with the second piat request. � . Ms. McPherson stated staff is reconlmending that the Planning . Commission recommend approval of the plat request with the following stipulation: 1. The Mar-Len plat shall be processed concurrently and simultaneously with the Wal-Mart plat. If the Wal-Mart plat is denied, the Mar-Len plat shall also be denisd. Preliminar Plat P.S. 91-04 Ms. McPherson stated this request is to replat five parcels into one large contiguous parcel. The parcels are currently zoned C-3, General Shopping Center District; C-2, General Business; and M-2, Heavy Industrial. There is a stipulation to require a petitioner to file a rezoning to create a contiguous zoning pattern for the entire lot should the plat be approved. Ms. McPherson stated the subject parcel is generally located between 81st and 83rd Avenues and includes the existing Sam's Club and the vacant parcels directly north of it. It does not include the Moose Lodge and the two Maertens-Brenny multi-tenant office/ warehouse showroom buildings. 18.16 PLANNING COMMISSION MEETTNG DECEMBER 11 1991 PAGE 6 Background Ms. McPherson stated that in 1986, the City Council approved the original�Vantage Companies plat. Later the same year in December, the City Council approved a lot split which was later extended in 1988. Ms. McPherson stated that as part of this original plat request, the property owners executed a development agreement with the HRA which outlined a Phase I and Phase II development. The Phase I development was the original Wholesale Club, now Sam's Club and owned by Wal-Mart Corporation. Phase II was to occur on the vacant parcel north of Sam's Club. The original development agreement required that the buildings be 65 feet apart with a.pedestrian walkway constructed between the two buildings. This requirement is a rzsult of the Building Code requirement which requires that buildings of "unlimited area" on separate lots be spaced at a miriimum of 60 feet apart. This was due to the existence of the original lot line which will be eliminated if this particular plat i� approved. Tf the pl_3t is approved, Wal-Mart will construct a bu.ilding directly adjacent to Sam's Club. The two buildings would then share a co�;cn exteri�� wal?. Ms. McPherson stated that as part of this proposal, there are several issues which need to be addressed:� overall deveiopment quality, drainage issues, and traffic issues. overall Development Qualitp Ms. McPherson stated that in 1986, the development agreement required that the building materials and desiqn be of "quality" development. In addition, "distinctive" landscaping was to be installed. The petitioners are proposing to add additional landscaping as part of this entire development plan. Under the development agreement, quality building materials included masonry block, brick, pre-cast concrete panels, glass block, masonry block, etc.. The existing Sam's Club is constructed of pre-cast concrete panels with brick veneer accents. The proposed Wal-Mart addition is proposed to be constructed of masonry block with brick veneer accents. The materials proposed are consistent with those proposed in the originai development agreement; however, the HRA, Planning Commission, and City Council will need to review the building plans and elevations to determine if they are consistent with the quality. provisions in the 1986 development agreement. Ms. McPherson stated there are other related issues to the overall quality standards for the development. These include the Building Code requirement to have 60 feet of open area around the entire building. As far as the proposed development, the three sides on the west, south, and east do meet the 60 foot open space requirement; however, there is potentially a conflict with the 18.17 PLANNING COMMISSION MEETING DECEMBER 11 1991 PAGE 7 property along the north lot line. There is an multi-tenant building, and the proposed Wal-Mart facility would be 40 feet from the lot line which would require that the petitioner acquire a 20 foot open space easement along that common lot line to ensure that the 60 foot Building Code requirement is met. Ms. McPherson stated that as part of the 1986 lot split, a stipulation required a 20 foot paved fire lane around the entire perimeter of the development. The Fire Department has indicated that a 20 foot paved fire lane around the entire building would not be necessary as the development does meet the Fire Code regulations which require three sides to have paved access for fire vehicles. The area along the north lot line of the building will be sodded and it is possible a fire truck could access that north lot iine and north wall of the building. In _addition, , there 'i.�, area of the Maertens-Brenny development adjacent to tfiehnorthklot line. Ms. McPherson stated the petitioner has applied for a special use permit to allow a garden center. The petitioner proposed �'�'15�==�Z1�' �� enclo5e the proposed garden center with a chain link fence. Staff recently met with the petitioner and the architects� and thz� have revised the elevations to include brick pill�rs and wrought iron detailing. Drainage Ms. McPherson stated that as she stated earlier, in conjunction with the proposed replat of the five sub'ect petitioner will be using Outlot A if a � Parcels, .the , pproved, is located west of Main Street to handle the detention from the Wal-Mart development. The detention pond is designed to handle storm water frQm both the Sam's Club portion of the property as well as the proposed Wal-Mart facility. Ms. McPherson stated the Engineering Department originally requested that the public ditch be maintained separately from the detention pond as the petitioner was proposing to combine both the detention pond and the public ditch which runs along the south lot line of the existing Mar-Len lot. The stormwater system in the area begins at 83rd and University Avenues. There is piping under 83rd Avenue; the water then flows down Main Street into the public ditch traveling west and then north into the southernmost pond of Springbrook Nature Center. The Engineering Department's concern was whether there was additional water coming from Spring Lake Park across University Avenue. The water �hat enters the ditch system of MnDOT flows north and enters the Springbrook Nature Center's ponding system through the Springbrook'Apartments' series of ponds. So, water will not be flowing from Spring Lake Park through the proposed detention pond. The detention pond is to handle, not only the water currently flowing in the ditch, but also water flowing from the various developments at the corner of 83rd Avenue and . . • •. PLANNING COMMISSION MEETING DECEMBER 11 1991 PAGE 8 University Avenue. The petitioner's engineers have recalculated to ensure that they have included all the parcels, especialiy those that have not been developed at that corner. The detention pond, in fact, will handle all the stormwater for this particular area. Ms. McPherson stated the Engineering Department has changed its position and will be permitting a combination of both the public and private water systems as long as the petitioner, Wal-Mart, does agree to maintain that detention pond and its outlet and inlets. Ms. McPherson stated, as stated earlier, the Wildlife Biologist has identified an area which qualifies as a wetland under the Army Corps' jurisdiction on both tre Outlot A portion of the Wal-Mart plat as well as the existing mzn-made detention pond located north of Sam's Club which was con�tructed as part of the original development. Both of these wetland areas are of poor quality. Through the permitting process, the Wildlife Biologist to the Army Corps will be proposing that the new detention pond will be of better quality for wildlife habitat, as well as a better system for t��3±1�:7 T.�,*atc� wS i} f�rJFIS thY'�JL7h thA cl ctam. T�12 C� ty uriil be requiring that any and all correspondence from the petitioner to the Army Corps and the correspa�d�n5 p��:�it be subraitted to the City. Ms. McPherson stated the petitioner will be installing�a second pipe to carry water under Main Street, and the City will need to grant an easement to the petitioner to work wi�hin the public right-of-way to install and maintain this pipe. Traf fic Ms. McPherson stated that due to the number of parking spaces on the combined development, the petitioners will be required to apply for an Indirect Source Permit (ISP)�from the Minnesota Pollution Control Agency (MPCA). The Indirect Source Permit explores possible avenues of mitigation to alleviate air pollution at various intersections around the development. The two intersections which will receive the majorit� of the traffic are those located at 83rd and 81st Avenues. The 81st Avenue intersection was upgraded in 1986 when the Wholesale Club was constructed. No further improvements can be made to the intersection. The opportunity exists at the 83rd Avenue intersection to create a full movement signalized intersection. The petitioner should agree to share in the cost to upgrade 83rd Avenue if required by the MPCA. Other contributors to the improvement would include the City of Fridley, Springbrook Apartments, the vacant lot north of 83rd Avenue, as well as Northwest Orthopedics. In addition, the City will attempt to negotiate a contribution from the City of Spring Lake Park. • 18.19 PLANNING COMMIggIpN MEETING DECEMBER 11 1991 PAGE 9 Recommendation and Sti ulations: Ms. McPherson stated the proposed plat does meet the minimum requirements of the zoning district for lot area, lot coverage, and building setbacks. It also meets the ordinance requirements for detention and drainage. There are some unique requirements from the 1986 development agreement. In staff's opinion, the proposed development does appear to meet those requirements. Ms. McPherson stated staff is recommending approval of P.S. #9i- 04, with the following stipulations: 1• The exterior building plan, including details for the garden center, sh�ll be reviewed and approved by the HRA. 2. The petiticn�r �hali comply with Army Corps regulations, and all documentation shall be submitted to the City. 3• The final drainage plan shall be submitted and approved by staff prior to issuance of the building permit and shall accommodate the existing runoff from the existing ditch. The proposed detention pond to be located on Outlot A designed to carry both public and private waters. 4• The property owner shall agree to share in the cost of the intersection improvement at 83rd Akenue. . 5• The landscaping plans shall be approded by staff prior to issuance of a building permit. 6• The petitioner shall file a rezoning application and complete the rezoning process prior to application for a building permit for those parcels currently zoned C-2 and M-2. 7. The petitioner shall comply with any and all Minnesota Pollution Control Agency stipulations placed on the Indirect� Source Permit. 8• Restrictive covenants shall be filed against Outlot A, Wal- Mart Addition stating the following: A- The lot is not buildable; B. outlot A must remain under the same ownership as Lot 1, Block l, Wal-Mart Addition; C- The responsibility for maintenance of the detention pond shall be that of the property owners; D• outlot A serves as a detention area for Lot 1, Block 1, Wal-Mart Addition. 18.20 PLANNING COMMISSION MEETING DECEMBER 11 1991 PAGE 10 9. The City shall grant the petitioner an easement to install a. storm water pipe within the public right-of-way under Main Street. l0. The property owner shall obtain an easement from the Maertens- Brenny development ensuring the proper distance between buildings and record it prior to issuance of a building permit. Mr. Betzold stated the Planning Commission is being asked to review the building plans and elevations to determine whether they are consistent with the quality provisions of the 1986 development agreement. What is staff's opinion? Ms. McPherson stated it is staff's opinion that the materials being proposed by the d��veloper are consistent with the quality provisions of the 1986 development agreement. Mr. Betzold asked who the Wildlife Biologist is referred to by staff. I�Is. McPherson stated the.Wildlife Biologist is a staff inember at B�iW. SiI2 Wc3S aske3 �t} �'v�liidig, i1i^c W2�i3:.3 areas and to doublecheck the various Army Corps of Engineers' maps: She did a field check and, based on a vegetative analysis only, she determined the two areas, the area in Outlot-area and the existing manmade detention pond, do meet�the criteria under the,Army_Cor�s definition of a wetlai�d.. The ` � `- ` � . c�ev�loper.-�w�.11°: he applying for a- `� `� nationwide permit. The�-area to-be �illed_is.less than_one acre, and the area�on Outlot a�sa '� � _ , Wil1 , �ctual�iy' �be dredged to. increase - the wetland area to provide��the cTeterition for the remainder of the development. Mr. Kondrick stated that if the ponding meets the requirements of -the Army Corps of Engineers, are their restrictions satisfactory enough to ensure the quality of water that enters Springbrook Nature Center? Ms. Dacy stated, yes, every development is established that way. The advantage with this system is that it provides a larger area and treats more water than is being treated at this time. Mr. Saba stated that the developer is going to be replacing a lot of soils with concrete and asphalt. That whole area has had soil and drainage problems in the past. He beTieved it is going to be hard to predict how and how well this detention pond is going to work. Is there any kind of contingency. plan in place if there are problems with this detention pond. Since the detention pond is c�onsidered a wetland, is the developer prepared to do a mitigation? 18.21 PLANNING COMMIgSION MEETING D$CEMBER 11 1991 PAGE 11 Ms. Dacy stated that it is staff's understanding that the mitigation might not be necessary because of the small size and poor quality of the existing detention pond. Mr. Saba stated his biggest concern is the amount of area that will be covered with asphalt and concrete. He did not have any objection to this development, but he wanted to be sure something is being done with the water detention and water quality. Mr. Dale Beckmann, BRW, stated that what determines wetland areas is the type of growth that is in this area. These two areas are examples of that, one which was caused by trapped water. The detention basin they created for the City on Sam's Club 5-6 years ago is a basin, not a wetland, but because of the aquatic growth in the area, it now meets the wetland standard. There are designations on the wetland maps for different types of wetlands. "Manmade'� is one of the designations. That is why they do not feel there will be a problem with the Army Corps of Engineers for the detention basin on the Sam's Club property. In fact, regarding mitigation, they are trying to design the detention pond to meet the urban standard, wnich is the National Urban Run-off Program, which is the settling out of phosphates that come in through the water. There wiil be aquatic growth that will develop out of this, but it will be of a much higher quality because the area is basically an undisturbed area. They feel they have quite a few things to offer the Army Corps. In fact,, a nationwide permit allows them to fill one acre of land without going through any special conditions. Mr. Sielaff stated this can be desighed to be a wetland and to protect water quality at the same time. Mr. Beckmann stated that in the past the water has come directly from the street and the subdivision, through the ditch, with no settling out of phosphates, into Springbrook Nature Center, They feel their proposal is that all that water will now come through the detention pond they have designed and will allow for the settling of sediments and phosphates before the water is discharged out into the ditch again. So, the quality of water should be improved. Mr. Beckmann stated that regarding flooding, currently there is no flood control for that water. Now, all the water being discharged from this pond during the smaller storms will now go through a retention process and will be held back before it is discharged into Springbrook Nature Center. They believe this design is a good design, and they do have the City staff's support. They have also made the commitment to maintain that pond. � 8.22 PLANNING COMMISSION MEETING DECEMBER 11 1991 PAGE 12 Special Use Permit SP #91-14 Ms. McPherson stated the Code requires that garden centers or. nurseries requiring outdoor storage have a special use permit. The petitioners are requesting special use permit for a 98 ft. x 65 ft. garden center which would be located adjacent to the north wall of the proposed Wal-Mart facility. Ms. McPherson stated that, originally, the petitioners proposed to screen the garden center using only a chain link fence. In subsequent discussions with them, staff indicated they would prefer to have a continuation of the front facade of the building using brick pillars and chain link fencing. In return, the petitioners have proposed brick pillars with wrought iron sections between them. Staff be.',_ieves the new proposal is much better than the proposed� chain :lin�C fer.�ce and would continue the quality development that was originally required in the 1986 development agreement. Ms. McPherson stated staff also recommended that bulk materials Si:C}: �S �°�}1� 1�°� � L^,�u± :,^,OSSi �}^. � ha ct�;n�trri at ti�o W?S� end of the garden center. Ms. McPherson stated staff is recommending that the Planning Commission recommend approval of the special use permit reguest to allow the garden center which allows outdoor storage with the following stipulations: 1. Red brick or rock face masonry pillars consistent with the Wal-Mart facade shall be incorporated into the fencing around the garden center. Red vinyl-clad chin link fencing and wrought iron detailing shall be used. 2. Bulk items such as fertilizer, top soil, etc., shall be stored at the rear (west end) of the garden center. � 3. The HRA shall review the development and determine if it is consistent with the "quality" provisions of the 1986 development agreement. Presentation by Petitioner Mr. Beckmann stated that on behalf of Wal-Mart, he is very pleased to present the Wal-Mart store which is proposed to be constructed on the north side of Sam's Club. He stated they have enjoyed their working relationship with the City staff. Mr.. Beckmann stated Wal-Mart is the largest wholesaler/retailer in the United States at this time. There are 1,683 Wal-Marts now open nationwide. There are 200-300 new stores being built every year. There are currently 201 Sam's Clubs around the United States, which is also on the increase. In Minnesota, there are 1S Wal-Mart 18.23 PLANNING COMMISSION MEETING DECEMBER 11 1991 . PAGE 13 stores currently open, and almost that many under development plans. There are seven Sam's Clubs in Minnesota, most in the metro area. Mr. Beckmann stated that from these stores, there are currently 4,264 associates (not cailed employees). Wal-Mart firmly believes it is a team effort, and Sam Walmart has chosen the term "associates" because each employee has the opportunity to buy into the company through a stock option plan. Mr. Beckmann stated the proposed Fridley store is a new "16 Prototype" store, a 116,000 sq. ft. prototype building, which will abut against the north wall of the existing Sam's Club. A garden center is being proposed along the north end of the �project with the loading dock off the backside, similar to Sam's C'lub. Mr. Beckmann stated that in the future, they anticipate constructing a 30,000 sq. ft. addition to the Wal-Mart store. This has been reviewed with staff. Mr. Beckmann stated the �arking lot is not separated from the Sam's Club parking lot. They have.added landscape islands recommended by staff and have provided a substantial amount of green space along the west service drive and Highway 47, and also provided substantial buffering in and around the existing buildings to the north. Mr. Beckmann stated they are acquiring a 2 acre parcel of land for direct access to 83rd Avenue and, at the time of the future expansion, they want to already have control of the land.for the expansion of the parking lot. Mr. Beckmann stated the main reason they are looking at placing the pond on the parcel across Main Street is that because when they construct the addition, they cannot using the existing pond. It would make the site unbuildable for a Wal-Mart in this location. Mr. Beckmann stated that as far as the traffic light at 83rd and University, the City .has to go through a justification process (warrant study) with MnDOT before a traffic light will be approved. John Flora has asked BRW to start preparing a warrant study to provide that justification for a traffic light in this location. Mr. Beckmann stated he talked eariier about a contingency plan for flooding, because the detention pond does handle water for all storms. They believe they are handling the drainage in a prudent fashion overall. Mr. Beckmann stated one of the requirements stipulated by the HRA in 1986 was that any future development for this piece o£ property have a valuation of about $3 million. With the improvements Wal- 18.24 PLANNING COMMISSION MEETING, DECEMBER 11, 1991 PAGE 14 Mart will be making on the site, the valuation is approximately $5.- 6 million. He believed the investment the HRA was concerned with will be satisfied. Wal-Mart anticipates there will be 245 jobs provided with this new facility. Thirty-five percent of all employees at Wal-Mart have advanced to managerial positions over the years so they are dealing with quality jobs. Wal-Mart also participates in an Americanism program. Mr. Paul Gannon, Project Architect for ICI� Architects, reviewed the building materials and colors for the proposed Wal-Mart store. The building will be primarily constructed of rock face concrete block on the front and side elevation. The rear elevation is smooth standard concrete block. Wal-Mart has a standard color band which is smooth faced concrete rlock painted in the red and blu� Wal-Mart standard colors. Mr. Gannon stated they have attempted to make the Wal-Mart building compatible with the adjacent Sam's Club and have introduced some brick k'iosks similar to Sam's Club. M� . .�i2.::::.^.:: S.}...�.��.�.. .}.::�±' �°7��u�n7 ih° 7��-iAn �Anter, Wa? -Mart typically uses chain link fencing, but they are proposing rock face concrete black ;�iit� wrought �r�n rai2s ovG� 50% af tha� surface, the most visible elevations being the east and halfway along the north elevation. Mr. Gannon stated all the materials being proposed and the character of the building:will be compatible with the original 1986 development agreement: Mr. Beclanann stated that regarding the 20 foot open easement, they have not yet been. able to contact that property owner; however, they do not anticipate any problems. Mr. Saba commended Mr. Beclanann and Mr. Gannon for such an excellent presentation. He sta�ed one of the things the City is trying to do with new developments is to make fhe City�_bicycle- friendly. The City is conside�itig=.ruhnir�g �a b�c�c�.e path a�l.'_a�ong the west side of University Av�nu��to Springbrook Nature Center. It would be nice if the developers would consider making their development bicycle-friendly by creating a bicycle parking area a.nd possibly a path that would tie into the main bicycle path. Mr. Beckmann stated they would certainly be willing to discuss this with staff to see what they can do to incorporate something into their plans at this time. Mr. Betzold asked if any concerns have been received from the Springbrook Nature Center Foundation regarding any adverse impacts on the Nature Center from this proposed development. 18.25 PLANNING COMMISSION MEETING DECEMBER 11 1991 PAGE 15 Ms. Dacy stated that because this development is not immediately adjacent to the Nature Center, staff did not submit this information to either Siah St. Clair or the Springbrook Nature Center Board. Mr. Sielaff asked about truck traffic. Is truck traffic taken into account in the traffic study? Mr. Beckmann stated, yes, it is. Typically, the trucks come in at off-peak times. The big problem with the intersection is not the routine traffic between 9:00 a.m, and 3:00 p.m. or after 5:00 It is the peak hour times, and that is what is talked about inpthe traffic study. Mr. Si�elaff asked how many trucks will typically be coming to Wal- Mart d�urin� the day. Mr. Beckmann stated there could be as many as 30 trucks in one day. MOTION by Mr. Saba, seconded by Mr. Kondrick, to close the public hearings. UPCi1�1 I� i�OICE VOTE, ALL VOTING AYE, CIiAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARINGS CLOSED AT 9:05 P.M. MOTION by Mr. Kondrick, seconded by Mr. Saba, to recommend to City Council approval of Preliminary P1at, P.S. #91-03, by BRW, Inc., for Leonard Vanasse of Mar-Len Development, to replat Parcel 6(Lot 2, Block l, Mar-Len Development) into Lot l, Biock 1, Mar-Len 2nd Addition, and Outlot A, Walmart Addition, generally located at 8200 Main Street N.E., with the following stipulation: 1. The Mar-Len plat shall be processed concurrently and simultaneously with the Wal-Mart plat. If the Wal-Mart plat is denied, the Mar-Len plat shall also be denied. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. Mr. Sielaff stated that regarding stipulation #3 of P.S. #91-04 regarding the drainage, he would recommend they include as design goals•for the detention basins, not onl.y flood control and water quality protection, but also include wetland development. Ms. McPherson stated that if the Commission chooses to adopt Mr. Sielaff's modification, it could be something as simple as having the petitioner use native, wetland-type materials when they resod and reseed the slopes of the detention pond. This will improve the habitat and quality of the wetland and definitely promote wetland function and design of the detention pond. 18.26 PLANNING COMMISSION MEETING, DECSMBER 11, 1991 PAGE 16 MOTION by Mr. Kondrick, seconded by Mr_ Saba, to recommend to City Council approval of Preliminary Plat, P.S. #91-04, by BRW, Znc., for Wembley Investment Company, to replat an area (Parcels 1-5) into Lot l, Block l, Walmart Addition, generally located at 8150 University Avenue N.E., with the following stipulations: 1. The exterior building plan, including details for the garden center, shall be reviewed and approved by the HRA. 2. The petitioner shall comply with Army Corps regulations, and all documentation shall be submitted to the City. 3. The final drainage plan shall be submitted and approved by staff prior to issuance of a building permit, and shall accommodate the run-off in the existing ditch with t,he detention pond lo �ated on Outlot A, designed to carry bc;th public and private water. The three goals of the pond design should be flood control, water quality improvement, and creation of wetland habitat. 4. The property owner shall agree to share in the cost of the intersection improvement at 83rd Avenue. 5. The landscaping plans shall be approved by staff prior to issuance of a building permit. 6. The petitioner shall file a rezoning application and complete the rezoning process prior to application for a building permit for those parcels currently zoned C-2 and M-2. 7. The petitioner shall comply with. any and all Minnesota Pollution Control Agency stipulations placed on the Indirect Source Permit. 8. Restrictive covenants shall be filed against Outlot A, Wal- Mart Addition stating the following: A. The lot is not buildable; B. Outlot A must remain under the same ownership as Lot l, Block l, Wal-Mart Addition; C. The responsibility for maintenance of the detention pond shall be that of the property. owners; D. Outlot A serves as a detention area for Lot l, Block l, Wal-Mart Addition. 9. The City shall grant the petitioner an easement to install a storm water pipe w.ithin the public right-of-way under Main Street. 18.27 l0. The property owner shall obtain an easement from the Maertens- Brenny development ensuring the proper distance between buildings and record it prior to issuance of a building permit. . UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BSTZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. MOTION by Mr. Sielaff, seconded by Ms. Modig, to recommend to City Council approval of Speciai Use Permit, SP #91-14, by BRW, Inc., for Wembley Investment Company, per Section 205.15.o1.C.11 of the Fridley City Code, to allow a garden center on property generally located at 8150 University Avenue N.E., with the following stipulations: 1. Red brick or rock face masonry pillars consiste�t with the Wal-Mart facade shall be incorporated into the fencing around the garden center. Red vinyl-clad chin link fencing and wrought iron detailing shall be used. 2. Bulk items such as fertilizer, top.soil, etc., shall be stored at the rear (west end) of the garden center, 3• The HRA shall review the development and determine if it is consistent with the "quality�� provisions of the 1986 development agreement. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. 5. REVIEW 1991 GOALS AND CASES• SET 1992 GOALS: Ms. Dacy stated this is the time of the year when they talk about what has happened over the past year and to set some goals for 1992- If the Commission members had any comments about the previous cases or ideas for 1992 goals, they-'should feel free to do so. Mr. Saba stated he would like to see the Commission and staff look at ways of protecting Springbrook Nature Center from further development surrounding it. H.e'is not totally convinced that the City�s landscape ordinance really protects the Nature Center. Springbrook Nature Center is a nature area they really need to protect. Mr. Sielaff asked � �:f the Planning Commission could get involved in looking at diffexent strategies for the future and giving input to the City Cou cil regarding the impacts of state legislation, property ta��, etc. Mr. Kon�YYick stated he is concerned about apartment buildings in the G�y. It seems that burglaries and other crimes in the City 18.28 � �� 2- THE MINIITES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF MAY 18, 1992 The Regular Meeting of the Fridley City Council was called to order at 7:44 p.m, by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of A1 to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson,,�Councilman Billings, Councilman Schneider and Councilman Fitzpatrick ,i MEMBERS ABSENT: � Ncr.e / APPROVAL OF MINUTES: � � COUNCIL MEETING, MAY 4 1992• %/ MOTION by Councilman Schneider to app�e the minutes as presented. Seconded by Councilwoman Jorgenson./ Upon a yoice vote, all voting aye, Mayor.Nee declared the moti �( carried tznanimously. ADOPTION OF AGENDA: Mayor Nee stated that a tter was received from Fridley United Methodis� Church request' g a�taaiver o.f the fee for the bloodmobile sign. MOTION by Councilm Schneider to adopt the agenda with the above addition, (20.) quest from Fridley United Methodist Church to .Waive the Fee r;the B1o�dmobile Sign. Seconded by Councilwoman Jorgenson. on a-vaice �vote;s �lI voting aye, Mayor Nee declared - the motion arried unanimously. � � was no response from the audience under this item of ness. 0 l. PUBLIC HEARING ON PLAT REOUEST P S #92-02 BY BRW INC FOR WAL-MART, TO REPLAT AN AREA (`PARCELS 1-4) INTO LOT 1 BLOCK 1 AND OUTLOT A SAM'S ADDITION GENERALLY LOCATED AT 8200 UNIVERSITY AVENUE N E• MOTION by Councilman Fitzpatrick to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman 18.29 FRIDLEY CITY COUNCIL MEETING OF MAY 18 1992 PAGE 2 Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:48 p.m. Ms. Dacy, Community Development Director, stated that this is a request to replat four parcels into Lot 1 and outlot A, Block 1, Wal-Mart Addition at the site of Sam's Club, 8200 University Avenue. She stated that this plat is to allow a 30, 000 square foot addition to the north of the existing building, and it would create an outlot to be developed by another property owner. She stated that the property is zoned C-3, and all zoning requirements will be met. Ms. Dacy stated that the Planning Commission recommended approval of this plat subject t� seven stipulations. She stated that one of the stipulations is ..n regards to the development agreement that was executed with the Cizy and property owner in 1986. Siie stated � that the purpose of the development agreement was to require two construction phases. She stated that Phase I was Sam's Club, and Phase II required future construction in the amount of 60,000 square feet. Ms. Dacy stated Wal-Mart has decided that they cannot construct iheir store on this property, and they are proposing this expansion. She requested that the Council concur with the recommendation for submission of a revised development agreement restricting uses and requiring participation in the installation of a traffic light at 81st and University. Councilman.Billings asked if the 1986 development agreement was between the property.owner and the HRA or if it was with the City Council. Ms. Dacy stated that the agreement with the City involved the amount of'square footage and value of the constr.uction. She stated that the HRA agreement provided for soil correction assistance and was adopted in the City's agreement by reference. Ms. Dacy stated that the proposal for the new construction will be half the value, or $1,500,000, that was stated in the 1986 development agreement which gives the property owner the most flexibility to market the site. Councilman Billings asked if Phase II was connected with the $100,000 soil correction. Ms. Dacy stated that the HRA was to provide $50,000 for the $3,000,000 Phase II portion of the construction, and $i00,000 was provided for soil correction for Phase I of the construction. Ms. Dacy stated that due to the shape of the lot and its location, it may_be best suited for a restaurant use or a smaller building. 18.30 FRIDLEY CITY COUNCIL MEETING OF MAY 18 1992 PAGE 3 She stated that if the City dictates a minimum value, the property may not be developed for some time because of site constraints. She stated that staff is recommending a minimum value not be imposed to allow the developer to have some flexibility. Councilman Billings stated that he can understand Wal-Mart's position in wanting to expand, but the question goes back to the credibility of the development agreement that was entered into by the City and developer. He stated that this agreement provided for a certain level of construction, and that it induced the City to participate in the soil correction. He stated that the property is now under new ownership, the previous developer got what they wanted from the City, and the current owner is saying they cannot live with the terms entered into in the 1986 agreement. Councilman Billings stated that he was not opposed to expansion of the Wal-Mart proiect, but he questioned the integrity of the agreements entered into with the previous property owner. Councilman Schneider stated that he shares Councilman Billings' concerns. He questioned the benefit to the City to renegotiate the value of Phase IT c�::s�r;;�ti�n. Mr. Dale Bec3c��an, representing BRW, Inc., stated that he was involved in the original development, and he negotiated the development agreement with staff. He stated that this was a two phase process as the developer had the Wholesale Club project in hand. He stated that the site was appropriate, but due to poor soil conditions, assistance was requested to develop the site. He stated that the majority of the poor soil was located where Sam's Club now exists. Mr. Beckman stated that the $100,000 contributed for soil correction by the HRA was for site improvements initiated originally as Phase I. He stated that the $50,000 was an incentive to add another 50,000 to 60,000 square feet. He stated that improvements were made which enhanced development, but there is no intention on Wal-Mart's part to request additional assistance from the City. Mr. Beckman stated that the development agreement was for five years, and it was to provide the incentive to develop the property, He stated that the $100,000 in assistance allowed the construction of a nice facility in the area and has enhanced that site. He stated that other improvements were made to the entire site without requesting the additional $50,000. He stated he is now requesting that the Counci�l work with the owner to give them some flexibility in today's market to develop Phase II. Councilman Billings stated that in 1986, the City was looking at the prospect of having a$3,000,000 improvement on the north half of this property. He stated that the proposal now is to improve the north half of the property with a$1,500,000 construction 18.31 � FRIDLEY CITY COUNCIL MEETING OF MAY 18 1992 PAGE 4 project. He stated that the question is why the City would want to give up the commitment for $3,000,000 in construction on that site. Mr. Beckman stated that the development agreer�ent was to get the development started and have the anchor tenant. He stated that the developer does not intend to request the additional $SO,O��J, and the City would be getting $1,500,000 in value at no additional cost. - Councilman Billings felt that perhaps the City's role had to be better defined as to what happens on that site. Mr. Beckman stated that he is willing to work with City staff to try to come up with ideas. He stated that if there are too many conditions placed on the site, both the City and developer would lose the opportunity to develop the site. Councilman Billings stated that he felt language needed to be worked out in the development agreement that gives the City the potential for at least the same value. Mr. Beckman stated that he believed the 1986 ag-reement was for a five year period, and the $50,000 was an incentive to develop the land in this time period. He stated he.believed that the agreement was null and void because the time limitation has run out. Councilman Billings stated that he would not feel comfortable if a 5,000 or 10,000 square foot building was constructed on this site, but he would favor a much more substantial project. He stated his concern is that the City is protected. No other persons in the audience spoke regarding this proposed plat. MOTION by Councilman Billings to close the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:13 p.m. `� MOTION by Councilman Schneider to waive the reading of the public hearing notice and open the public��hearing. Seconded by Councilwoman Jorgenson. Upon a voice�vote, all voting aye, Mayor Nee declared the motion carried un�mously and the public hearing opened at 8:14 p_m. � Ms. Dacy, Community Develqpment Director, statea that this property is located east of Highway 65 across from ti_e Target Warehouse 18.32 _ U-IYOF FRIDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55�132 •(612) 571-3450 • FAX (612) 571-1287 February 11, 1994 Dale N. Beckmann, Vice President BRW, Inc. 700 - 3rd Street South Minneapolis, MN 55415 Dear Dale: This is to follow-up on your correspondence of August 13, 1993 regarding the Sam's Club plat. I apologize for the length of time it has taken to address this issue. I forwarded a copy of your August letter to the City Manager, and we discussed Wal- Mart's position with Councilman Billings. The City would be willing to consider a change in the minimum cost of additional improvements on the property if Wai-Mart were to submit a solid development proposal on the remainder of the property. We understand that Wal-Mart has reduced the size of the Sam's Club expansion project approximately in half, and it has taken a lower development priority.in the corporation. Although we understand Wal-Mart's position that they are not requesting TIF assistance for the project, the City's agreement with the original developer did establish an expectation for a development project of considerable value. We realize that market changes have occurred since 1987; therefore, we will be willing to reevaluate the minimum cost issue if we are shown a realistic development proposal. The City remains concerned about other issues pertaining to the site, such as additional automotive uses on the remaining vacant parcels, financial contributions to a potential traffic signal at 83rd Avenue, and an exterior building design that promotes a quality and cohesive development with the existing Sam's Club building. We are therefore prepared to approve the plat only under the stipulatio.ns as we have previously discussed. 18.33 Dale N. Beckmann February 11, 1994 Page 2 Should Wal-Mart choose to withdraw the current plat �pplication, please provide a letter to that effect and direct it to my attention. Thank you for your patience and continuing cooperation. Sincerely, Barbara Dacy, AICP Community Development Director BD/dn C-94-32 cc: Wiliiam Burns 7 8.34 9 City of Fridley MEMORAl�D��l�I �_-� = - - TO: William W. Burns, City Manager � � �� FROM: John G. Flora, Public Works Director DATE: September 8, 1997 �u�.i�CT: 57th Avenue Reconstruction PW97-234 In preparing for the redesign of 57th Avenue as a result of the improvements in that area. We had proposed a scheme whereby the City would contribute $100,000 to Yhe County to expedite the construction of the improvement in 1998. We also estimated that the project design would cost approximately $50,000. It is un�erstood that the County would pay the remainder of the street reconstrucrion cost associated with the asphalt and curbing. The City would be responsible for the storm sewer improvements which would be assessed 100% to the properties on 57th Avenue. I� addition; the City would pay their portion of the signals, 50% by Mn/DOT, 37% by the City and 12% by the County. For the improvements to the area with lighting, landscaping and irrigation, it was assumed that 50% would be assessed to the property owners and HRA would cover the remainder. Proposals were requested of Barton-Aschman and BRW as they have been working with Home Depot and the City in studying this area for a considerable amount of time. Barton-Aschman submitted a proposal to design the project at $59,950 and to inspect the work at $32,000 for a total amount of $101,950. BRW's submittal for design was $42,210 and construction/inspection at $15,950 for a total amount of $59,150. We have received confirmation from Horne Depot that they would contribute $25,000 for design of the project. This leaves a remainder for the design and construction/inspection of $33,160 to be paid by the City. To expedite the design and construction for 1998, recommend that the City Council approve the agreement with BRW to complete the design and construction/inspection of the 57th Avenue reconstruction project between Main Street and University Avenue. JGF:cz 19.01 Page 2- 57th Avenue Reconstruction RECOMn/IENDED SOLUTION� 1. Submit letter this week to Anoka County outlining the foilowing: A. City to request project according to 5 lane - alternative #3; B. City to comple#e easement acquisition from Hardee's and Holidav Plus; �. City to contribute $100,000 plus design fees (estimated at 10% of project cost, say $50,000) in order for County to schedule in 1998; D. County to pay for remainder of street construction costs; E. City and HRA responsible for lighting and landscaping/irrigation costs: 1) Assess property owners 50% 2) HRA to pay 50% 19.02 Page 3- 57t" Avenue Reconstruction F. City to assess costs; and G. Signals: 100% of storm sewer 1) 50% MnDOT 2) 37% City 3) 12% County 2. M.S.A. funds wili reimburse $100,000, plus storm sewer, and signal portion. 3. Staff to request Home Depot to pay for 50% of the design cost. 7 9.03 �� 1�"� � �.� nui' i� Ltr'U I August 20, 1997 VIA FACSIMILE 281 P01iei Aur, 20 '97 14:37 1101 Perlmeter D�ive, Suite 300 • Schaumburg, IL 60173 (847)413-4900 Ms. Barbara Dacy, AICP Community Development Director Fridley Municipal Center 6431 University Avenue, N.E. Fridley, MN 55432 (7ear nils. I�acy: ! am ir, receipt of y��r Aprii 7, i997 ietter to Tom Magers of The Home Depot relative to the reconstruction of 57`" Avenue_ The Home Depot er�thusiastically supports the City of F�idley's efforts in its reconstruction p�oject and we are willing to contribute your requested amount of $25,000.00 for said project design fees. As per your lette�, The Home Oepot wiH then have assurance by the City of Fridley that The Home Depot parcel wil! not be included in ihe special assessment district and the City will now remain satisfied that Home Depot has fulfilled its traffic obligations as stipulated in the original zoning and site plan approvals. Your continuing efforts to improve this a�ea of your Ciry, specifically the 57'" Avenue commercial area providing access to The Home Oepot, are greatly app�eciated. We are excited by the advanfages to be realized by this projeci. Please keep us posted on the progress, design and schedule for this improvement project. Sincerely, Staphen M. Leonard Director af Real Estate Midwest Region SML:jg cc_ Todd Mosher/GFA 19.04 i�'� � r'! � A ,� �� .o V'oud 9ponser