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09/22/1997 - 4797OFFICIAL CITY COUNCIL AGENDA COUNCIL NIEETING SEPTENlBER 22, 1997 � ;, ' : ::. ,:. ,_ FRIDLEY CITY COUNCIL MEETING c�nror F�� ATTENDENCE SHEET Manday, Se��em�e�c 22, 1997 7:30 P.M. PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN PRINT NAME (CLEARLY) ADDRESS � c�v��,� r �. � �c) � �'i �`� S � `—� �' � � �""�"' _ � .�=J G `�- '� C`'� , � � �/; ,,y,.:� (,�,t, � � 1 3 U , � G .�� i - � � � � r � 'ti � �' ,�- , � � ,�, � ��, . � " ,� � �y ,�� , _ , f;y. �� `� � ,�� ; �,� �, c� u. e 5 �� G iV /�' � � t-� �� i'� ..�� —G:> � '� �(;t,u-r . J'( � �: C�C�/�% �C. � %�.2-i'(:�,� `�f�i cF'L�i��/� h/'� ( �`y�, ,�� J a , ��- �-�C_ �-��s �`�- � �_� �� . �, � c � �, , �, .� �� -.�.� - . .,�� 5:3i- �C��. �"_ � � -' ' � �� 7 � `l f � � �c.' c� �� (� (�''�i �Z.- j n� y r=� Z S� U 1�. ( c� c. 2�� 1< <�� I � , � ��, � � � �� v �� .�,�. 2 � � � i I �C>�/ _l ��c=. �` � � (.� (�. (�C> � � ( � r� �' � l�'�c'��e. �%i�- � �c�ve L� r.sc,,v 5 9d �. rf s f � i' i �� - %`' ;}u- " �; �. �yr�}��:.� � `�(� o� -- _� r� � ��'� , /✓� cr �� u � �;�--i �z �-, _ � �� ; � �l �-� ��a�:� � . ,�� ' ��;��, �� ^ � ��` � �� " .>�;�sG �-t�'� �-� � � � i � L�l;�.��.. � �,�.� `_�:Ly�v�, �" � j �. �, �\ _ i'1 t � ,--� ��, � l _ � � ,,,,r, ,.-- ,< i �;-�-- �� '� / j f� r.�- ! ` � I � _ f l� , , ��, � �; �� _ , _ �� _ "� n i �"�'�4.�--� ,��`t�-t�� (� ..,�. � ( l � . t�_ U- � � � ITEM NUMBER �2�� '�.��,,,,� � .� v � � ��-_ � ,.. � � ��. /'�'�-�,� �- , .�- �. G, ��=a-.��.- �_1 �� y � � � y,�� r i + ,�� \ �� ✓ . a� �-� �� I �i�. sfi �.� �� ,�C�f��-J ��N�/f � � /V/�//�/, � / / t� G' ,/'� � ��,1 �! C � ;��.L__ F �,�� y ��, -3 , � �� -1 �%'�� . �/f.�'7�,�f�;y� -� // � ` ��- � �`��'� , �� ;lL,k.�c � �'� ►'�d�L�� fi� t�,.� �_ ��`"�� 7�7 � r�= �- � � `� �. .3 �� a ��i ��f / (J W�fi !� �'"� !%� / _ �1 � /� _. � � �� ,1 i`� � �1 �� 5 �� `� � ' �3 .� ?� �� ` � a arr oF FRIDLEY FI�IDLEY CITY COUNCIL MEETING OF SEPTEMBEB 22,1997 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 participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. PROCLAMATIONS: Domestic Violence Awareness Month: October, � 997 Physician Assistant Day: October 6, 9997 Fire Prevention Week: October 5- 11, 1997 Cities Week: October 5- 11, �997 National Breast Cancer Awareness Month: October, 1997 National Mammography Day: October 17, 9997 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 22, 1997 PAGE 2 APPROVAL OF MINUTES: City Council Meeting of September 8, �997 APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: Second Reading of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Making a Change in Zoning Districts (ZOA #97-02, 1360 Onondaga Street N.E.) (Ward 2) . . . . . . . . . . . . . . . 1.01 - 1.02 Approve Agreement Between the City of Fridley and BRW to Complete Design and Construction/Inspection of the 57th Avenue Recons#ruction � Project No. ST. 1997 - 4 . . . . . . . . . . . . . . . . . . . . . . . . 2.01 - 2.12 NEW BUSINESS: Receive the Minutes of the Planning Commission Meeting of September 3, 1997 .............. ....................3.01-3.23 Gami FY CITY COUNCtL MEETING OF SEPTEMBER 22, 1997 PAGE 3 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): Special Use Permit Request, SP #97-06, by Craig and Delores Hartos, to Allow the Construction of a Second Garage, Generally Located at 6200 Starlite BoulevardN.E.(Ward1) ......••��•••�� Approve Comprehensive Sign Plans for Osborne Commerce Centers I and li, by Steiner Development Inc., Generally Located at 103 Osborne Road N.E. (Ward 3) . . . . . . . . . . . . . . . . . . . . . . . . . . . � 4.01 - 4.15 ........5:01-5.05 Approve Telecommunication Consulting Agreement Between the City of Fridley and Kreines & Kreines, Inc. . . . . . . . . . . . . . . . . . . . . . . . 6.01 - 6.10 Resolution Authorizing Execution of Sub-Grant Agreement for Federal Assistance Under the Infrastructure Program for Sub-Grantees . . . . . . . . . . . . . . . . . . . . . . . . 7.01 - 7.02 3 � FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 22. 1997 PAGE 4 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED� Resolution Approving Participation � in the Anoka County Auto Theft Task Force . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8.01 - 8.06 Re �olution Designating Authorized Person to Execute Agreements and Amendments to Community Oriented Policing Overtime Grant . . . . . . . . . . . . . . . . . . . . . . . . . . 9.01 - 9.04 Resolution Accepting Terms of an Out of Court Settlement with Richard Bistodeau . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.01 - 10.02 Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessment for Locke Lake Excavation Project No. 255 . ................. 11.01 -11.02 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 22, 1997 PAGE 5 qpPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUEDI: Resolution for Hearing on Proposed Assessment for Locke Lake Excavation � 2.01 - 12.02 Pro�ect No. 255 . . . . . Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessment for Concrete Curb and Gutter Portion of the A1den Way Street Improvement Project No. ST. 1996 - 1 & 2 . . . . . . . . . . . . . . . . . . . . . ...... 13.01 -13.02 Resolution for Hearing on Proposed Assessment for Alden Way Street Improvement Project . 14.01 - 14.02 No. ST. 1996 - 1 & 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . Appointment: City Emptoyee . . . . . . . . . . . . . . . . . . . . . . 15.01 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 22, 1997 PAGE 6 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED� Claims ....................................16.01 Licenses ....................................17.01-17.03 Esti mates: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.01 ADOPTION OF AGENDA: OPEN FORUM, VISITORS• (Consideration of Items not on Agenda - 15 Minutes) FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 22, 1997 PAGE 7 PUBLIC HEARiNGS: University Avenue Fence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19.01 - 19.03 ' . e Zoning Text Amendment, ZTA #97-01, by the City of Fridiey, to Recodify the Fridley City Code, Chapter 205, Entitled "Zoning," in Order to Regulate the Location of Pawn Shops, Pawn Brokers, and Second Hand Goods Dealers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.01 - 20.05 Rezoning, ZOA #97-03, by the City of Fridley, to Rezone Property from R-3, General Multiple Family Dwelling, to R-1, Single Family Dwelling, • Generally Located at the Northeast Corner of 61 st Way and East River Road ....................................21.01-21.14 ' 0 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 22, 1997 PAGE 8 NEW BUSINESS: First Reading of an Ordinance Recodifying the Fridley City Code, Chapter 205, Entitled "Zoning," to Regulate the Location of Pawn Shops, Pawn Brokers, and Second Hand Goods Dealers, by Amending Sections 205.13.02, 205.14.01.A, ,205.15.01.A., and 205.16.02 (Zoning Text Amendment, aZTA #97-01, by the City of Fridley) . . . . . . . . .............22.01 -22.03 First Reading of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Making a Change in Zoning Districts (Rezoning, ZOA #97-03, by the City of Fridley) . . . . . . . . . . . . . . . . . . . ' • Informal Status Reports ADJOURN: ............................ . . 23.01 - 23.03 . 24.01 _ � 1 _ �`'�Z��..�� '� � CfTY OF FRIDIEY FKIDLEY CI`�'Y COUNCIL MEETING OF SEPTEMBER 22, 1997 The City of Fridley will not discriminate against or harass anyone in the admission qr access to, or treamient, �r employment in its services, pro�rams, or activities bccause 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 alfow individuals with disabilities to participate in any of Pridley'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) APPROVAL OFPROPOSED CONSENT AGENDA: PLEDGE OF ALLEGIANCE. PROCLAMATIONS: Domestic Violence Awareness Month: October, 1997 ��-�-`_,�— r�'"iiVSlCia(7 r"�SS/SiaTi CaV: vCivu2i v; � S3? � Fire Prevention Week: October 5- 91, 1997 � �� s�-, Cities Week: October 5- 11, 9997 �j, c� National 8reast Cancer Awareness Month: October, 1997 National Mammography Day: October 17, 1997 �� APPROVAL OF MINUTES: City Council Meeting of September 8, 9997 �� OLD BUSINESS: Second Reading of an Ordinance to QmPn�i the City Code of the City of ' Fridley, Minnesota, by Making a Change in Zo iing Districts (ZOA #97-02, 1360 Onondaga Street N.E.) (Ward 2) . . . . . . . . . . . . . . 1.01 - 1.02 �! �--�-- ��-� , �- ��—. 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 . . . . . . . . 2.01 - 2.12 NEW BUSINESS: Receive the Minutes of the Planning Commission Meeting of September 3, 1997 G9! J`�� . . . . . . . . 3.01 - 3.23 Special Use Permit Request, SP #97-06, by Craig and Delores Hartos, to Allow tiie Construction of a Second Garage, Generally Located at 6200 Starlite Boulevard N. E. (Ward 1) v 4.01 - 4. �`�� `` �� i fo� � Approve Comprehensive Sign P ans Osborne Commerce Cen�ers I and Ii, by Steir�er Developnient Inc., Generally Located at 103 Osborne Road N E (Ward 3) 5.01 - 5.05 APP-__ ROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED)• Approve Telecommunication Consulting Agreement Between the City of Fridley and Kreines & Kreines, Inc. ... 6.01 - 6.10 Resolution Authorizing Execution of Sub-Grant Agreement for Federal Assistance Under the Infrastructure Program for Sub-Grantees . 7.01 - 7.02 G'f.��-�' U�-�-c - Resolution Approving Participation in the Anoka Coun2y Auto t he?*, Task Force . . . . . . . . . . . . . . 8.01 - 8.06 .� / �C �- _ Resolution Designating Authorized Person to Execute Agreements and Amendments to Community Oriented Policing Overtime Gra�t . . . . . . . 9.G-� - y.04 4-'�'��'J�'`i�E � _ Resolution Accepting Terms of an Out of Court Settiement with Richard Bistodeau . . . . . . 10.01 - 10.02 C,��`�,�,c ,��. Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed l�ssessment for l_ocke L.ake Excavation Project No. 255 ��.�'.,�� .�'�� 11.01 - 11.02 r � �- � �;-� t� , _ NEW BUSINESS (CONTINUED)� Resolution for Hearing on Proposed Assessment for Locke Lake Excavation Project No. 255 . . . . . . . . . . . . . . . 12.01 - 12.02 G�.�r�� . � ��-�� Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessment for Concrete Curb and Gutter Portion of the Alden Way Street Improvement Project No. ST. 1996 - 1 & 2 . . . . . . . . . . 13.01 - 13.02 C�,�� ` iCeSC:iiliiGil i:Ji u"�' D�nnnco�l �,aiifiy C�; , ...t... Assessment for Alden Way Streei improvement rroject No. ST. 1996 - 1 & 2 . . . . . . . . . . 14.01 - 14.02 �. - Appointment: City Employee . . . . 15.01 /�-/y...'.wvt�-^-�� Claims Licenses .�c ........ 1 ��......... 17.01-17.03 Estimates: G�6�� `.01 �'�� r Y N.EW_BUSINESS: _ . ADOPTION OF A____ GEN�A= f a�i Ordinance ��/� First Reading o Code, ��`"� y ,, �ecodifying the Fridley City d%��. ChaPter 205, Entitled "Zoning," to � z Regulate tfie Location of Pawn Shops, l �� S cond Hand OPEN FORUM VISITORS: Pawn Brokers, and e Goods Dealers, by Amending (Consideration of items not on Agenda - 15 Minutes) Sections 205.13.02, 205.14.01.A, 205.15.01.A., and 205.16.02 / "" (Zoning Text Amendme�of Fridley) . . . . . 22.01 - 22.03 ZTA #97-01, by the City /i�L" L • PUBLIC HEARINGS: University Avenue Fence . � � ....... 19.01-19.03 � � �� C ��' �y . � . Z �� d � Zoning Text Amendment, ZTA #97-01, by the City of Fridley, to Recodify the Fridley City Code, Chapter 205, Entitied "Zoning," in Order to Pag✓u��ate the Location of Pawn Shops, Brokers, and Second Hand Goods Dealers ��" ... �- - g, ° ci Z� �. ' L , ,/ Rezoning, ZOA #97-03, by the City of Fridley, to Rezone Property from R-3, General Multiple Family Dwelling, to R-1, Single Family Dwelling, Generally Located at the Northeast Corner of 61st Way and East River Road � ........- c�► � ; / z- � - �'�� First Reading of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Making a Change in Zoning Districts (Rezoning, Z^vr"� �r9i-^v3, "v; i+ic r.i�� %f c�Idl2yj ... 23.01 - 23.03 G�� . 24.01 Informal Status Reports � - � � � � � � � � � ' 20.01 - 20.05 � ��'S G'-✓'.'�� t.._ �-- �� . �� / 21.01 - 21.14 ADJ_Ol1RN' %3�' ♦ r� c �� DOMESTIC VIOLENCE AWARENE55 MONTH O�TOBER, 1997 Ai/�rERFJ9S, the community problem of domestic violence has become a critical public health and welfare concern in �inoku County,• and [l�/�RF.AS, domestic violence is a crime, the commission of which will not be tolerated in Anokrz County, and perpetrators of said crime are subject to prosecution and conviction in accordance with the law;. and U�/HERF.A,S, over 43, 000 victims of violence have and will continue to access assistance from Alexandra House, a domestic violence serviee provider for women and families; und i�I�S, it is estimated that up to 70 percent of the cbildren and youth who come to Alex�tndra House are themselves, abused victims of domestic violence; and (��RF.AS, domestic uiolence will be eliminated through community partnerships of concerned individuals and organiztations working.together to.prevent abuse while at the same time ef�ecting social and legal change; and U�i�REAS, October is Nationul Domestic Violence Awareness Month; and U�i�RFA,S, during Ndtional Domestic Violence Awarercess Month, Anoka County media, churches and other organizations will inform area residents about domestic violence, its prevalence, consequen�es, and what we, as a concerned community, can do to eliminate its existence. NOLY/77�ERF.14��, BEITR�SOLVED that I, Nancy_J. Jorgenson, Muyor of the City ofFridley, do hereby procluim the month of October, 1997, ds: ' in Fridley, Minnesota. DOMESTIC VIOLENCE AWARENE55 MONTH IN [l�/�l'NESS U�/HF.REOF, I have set my hand and cdused the seal of the City of Fridley to be affzxed this 22nd duy of September, 1997. N.4NCYJ. JORGENSON, MAYOR WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, ♦ r�c ��h� �� pHYS/C/AN ASS/Si'�I Ni' DAY aCfaB�R 6, 1997 quality health care is an important �oncern of the citizens of Fridley, Minnesota; and affordable and aecessible medical c�. e:s essent%ul,or the e:�ell-beircg of all citizens; and physician assistants are medically trained professionals who provide preventive health care and quality medical care to millions of Americans throughout this great country; and physician assistants care for patients in rural towns, urban communities, ancl in the uniformed services; and the physiciun assistant profession continues to grow in number and in public respect; and physician assistants increasingly are being recognized as important members of the health care delivery team; and physician assistants around this country and in the State of Minnesota, will celebrate October 6 as National Physician Assistants Day; and physician assistants in Fridley, Minnesota, deserve our hearlfelt thanks for the medical care they provide throughout the year; NOW THEREFORE, I, Nancy J. Jorgenson, Mayor of the City of Fridley, do hereby proclaim Monday, October 6, 1997, to be: A�,IYS/C/AN ASS/STANT DAY in the City of Fridley in recognition of the contributions and outstanding service of the physician assistant profession. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Fridley to be affixed this 22nd day of September, 1997. NANCY J. JORGENSON ��1�� clamation �-j Fire Prevention Week October 5-11, 1997 � fire prevention education is recognized as an essential method to reduce properry losses and avoid serious injury or death due to accidental fires; and WHEREAS, the City of Fridley provides continuous fire prevention educat'ton to its children through elementary school programs, and to its adult residents on the use of fire ex�inguishers, smoke and carbon monoxide detectors, and home fire prevention; and WHEREAS, the City wishes to rededicate its e%rts by joining with the nation in observing Fire Prevention Week; NOW, THEREFORE, BE IT RESOLVED, that the week of October 5, 1997 be declared Fire Prevention Week in the City of Fridley; and in commemoration thereof, the public is invited to visit each of our three fire stations on Saturday, October 4 to view the community's firefighting equipment, meet our firefighters, and visit with other members of the Ciry's Public Safery Division. IN WITNESS WHEREOF, I have sec my hand and caused the seal of the City of Fridley to be affixed this 22nd day September, 1997. Nancy J. Jorgenson, Mayor - ♦ r�c �II�� CITIES WEEK Octobeu S - ll, 1997 WHEREAS, Minnesota cities take great pride in the partnership that exists between city govemment and citizens; and WHEREAS, over the years, our communities have prospered through a deeply held commitment to grassroots democracy that has repeatedly shown wha# citizens, working with their city government, can accomplish; and WHEREAS, the spirit of this partnership thrives in hundreds of cities throughout Minnesota where ingenuity, creativity, and old-fashioned hard work are put to use every day to make our cities better places to live, leam, work and play; and WHEREAS, the successful accomplishments achieved through this partnership inspire us to look with confidence to a bright future that we can shape through aur dreams and determination; and WHEREAS, . Cities Week 1997--You and City Government--Building Strong Futures offers a special time to recognize and strengthen the bond between citizens and city govemment. NOW THEREFORE, BE IT RESOLVED that l, Nancy J. Jorgenson, Mayor of the City of Fridley, do hereby proclaim the week of October. 5 through 11, 1997, to be: CITIES WEEK in Fridley, Minnesota, and encourage all citizens to become active partners with their City government to build a strong and bright future for all to enjoy. IN WITNESS WHEREOF, I have set my hand and caused the seal of the City of fridley to be affixed this 22nd day of September, 9997. NANCY J. JORGENSON, MAYOR ♦ �� II�� r NA f/aNAL 8R€ASi CANC�'R A WARFNFSS MaNi'H aCi'a8€� 1997 NAi'/aNAL MAMMl1GRAAHY �AY aCTtlB�R 17. 1997 WHE,REAS, thisyear, more than I80,000 women in the United States widl learn for the first time that they have breast cancer, and more than 40, 000 women will lose their lives--720 women in the state of Minnesota alone; and WHE,REAS, early detection and prompt treatment can significantly reduce the suffering and deaths cause by this disease; and WHE,REAS, in recognition of the fact that mammography, an x-ray of the breast, is ihe single most effective method of detecting breast changes that may be•cancer, long before physical symptoms can be seen or felt; NOW THEREFO.RE, BE IT RESOLVED, that I, Nancy J. Jorgenson, Mayor of the City of Fridley, hereby proclaim the month of October as NAT/ONAL BRFASi CANCFR AWARFM�SS MGNTN and Friday, October 17, 1997, as NAT/ONAL MAMMOGRAPHY DAY in the City of Fridley, Minnesota. IN WITNESS WHEREOF, I have hereunto set mv hand and caused the seal of the City of Fridley to be affixed this 22nd day of September, 1997. NANCY J. JORGENSON, MAYOR THE MINUTES OF THE FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 8, 1997 � . - ,.,,,. - �w. , , • _ . THE MINUTES OF THE REGUL�2 MEETING OF THE FRIDLEY CITY COUNCIL OF SEPTEMBER 8, 1997 The Regular Meeting of the Fridley City Council was called to order by Mayor Jorgenson at 7:33 p.m. PLEDGE OF ALLEGIANCE: Mayor Jorgenson led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Jorgenson, Councilman Barnette, Council- man Billings, Councilman Schneider and Councilwoman Bolkcom MEMBERS ABSENT: None � PROCIIIMAT I ON : CONSTITUTION WEEK, SEPTEMBER 17-23, 1997: Mayor Jorgenson read and issued a proGlamation proclaiming the week Gi Septerlber l i tr'ir'OUCjr'i GJ� i9`�!i' dS CGT'i��l�ll�?�3�7 Week. She .urg�d all residents to reflect, during this week;,on the many benefits of the Federal constitution �nd privileges and responsibilities of American citizenship. APPROVAL OF MINUTES: COUNCIL MEETING, AUGUST 25, 1997: MOTION by Councilman 5chneider to approve the minutes as presented. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: l. ORDINANCE N0. 1102 AMENDING SECTION 7.02 OF THE FRIDLEY CITY CHARTER (TAXATION AND FINANCE): Mr. Burns, City Manager, stated that this. amendment replaces a 16 mill limit on the dollar value of assessed propert�Y- valuation with language that ties property tax limits to �h_� Consumer Price Index for the Twin Cities metropolitan area_ The State's prescribed method for calculating taxes that ��as adopted in 1988 abandons the mill rate in favor of a new �a:{. rate system that defies interpretation in mill rate terms. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 8, 1997 PAGE 2 Mr. Burns stated that, in order to establish more meaningful limits on property taxes, the proposed language would require a public hearing and a four-fifths majority vote of the Council to approve tax levies that increase by more than the Consumer Price Index increase for the prior year. The first reading of the ordinance was on August 25. Staff recommends Council's approval for adoption on the second reading. WAIVED THE READING AND ADOPTED ORDINANCE NO. 1102 ON THE SECOND READING AND ORDERED PUBLIGP.TION. NEW BUSINESS: ''_. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF AUGUST 20, 1997: � RECEIVED THE MINUTES OF THE PLANNING COMMISSION MEETING OF AUGUST 20, 1997. �3. RESOLUTION N0. 66-1997 OF THE CITY OF FRIDLEY, MINNESOTA �PRGv ii3v THE TF�,�'viS Gr A METR^vFOi�ITr'1N COUNCIL GRANT TQ PROVIDE FINANCIAL ASSISTANCE TOWARD THE COMPLETION OF THE: CITY OF FRIDLEY'S AMENDNiENT OF THEIk COMPREHENSIVE PLAN: � Mr. Burns, City Manager, stated that the request for this grant was submitted on July l8, 1997. The City was recently notified of an award of at least $8,190. This amount is ta be adjusted upward, if additional funds become available. The terms of the grant are: (1) supporting the concept. of encouraging development within 2020 MUSA; (2) commitment to revitalize our portion of the "urban core;" and (3) a strong interest in creating a more liveable community in accordance with the Metropolitan Council's 2040 policy goals. Mr . Burns stated that .4 staf.f.,:, concluded that they are no"`mor City has previously agreed recommended. . ADOPTED RESOLUTION NO. 66-1997. has examined these terms and e�re_s_trictive than any that the to. Council's approval is 4. APPROVE COMPREHENSIVE SIGN PLAN FOR 7651 CENTRAL AVENUE N.E. BY ABLE PROPERTY MANAGEMENT, INC. (WARD 2): Mr. Burns, City Manager, stated that this plan was submitted by Able Property Management, Inc. The owners of property at 7651 Central Avenue propose to remove existing signs and to install three internally illuminated cabinet signs. Each sign measures 32 inches by 8 feet and will be 21.3 square feet in area. The total square footage of the three signs (64 square feet) does not exceed the amount of square footage allowed for these signs. Council's approval is recommended subject to the stipulation that there be no free standing signs allowed on this site. FRIDLEY CITY COUNCIL I�ETING OF SEPTEMBER 8, 1997 PAGE 3 APPROVED THE COMPREHENSIVE SIGN PLAN FOR 7.651. CENTRAL AVENUE N.E., WITH THE STIPULATION THAT THERE BE NO FREE STANDING SIGNS ALIAWED ON THIS SITE. 5. 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): Mr. Burns, City Manager, stated that the original four foot rear yard variance was approved August 26, 1996. This extension will allow the owner to combine the porch and garage improvements with substantial improvement to the main structure. Staff recommends approval of the extension retroactive to August 26, 1997 for one-year to Augu�t �6, 1998. . APPROVED A ONE-YEAR EXTENSION FOR VARIANCE REQUEST, VAR #95-24. 6. APPROVE STORM DAMAGE CLEAN UP POLICY FOR THE GITY OF ERIDLEY: Mr. Burns, City Manger, stated that during the last two years, the City nas been responding to severe storm damages through curbside collection of tree limbs. At� Council's request, staff has developed a policy to continue this activity at City expense. Mr. Burns stated that the major components of the poliey are. as follows: (1) upon declaration of a storm damage emergency by the Public Safety Director, the Public Works Director will � assess the time and resources necessary for brush collection in those areas of the City that are identified as 'impactecl by the storm; (2) the City will remove or trim damaged trees that are in the public right-of-way; (3) the City will remove, cut, and stack tree branches from storm damaged trees that have been placed at the curb by residential, commercial, and industrial property owners; (4) the City will not remove tree trunks that have been removed from private property; and (5) the City will not be responsible for brush pick-up after the established clean-up date. Council's approval of this storm damage policy is recommended. APPROVED THE STORM D�MF�GE CLEAN UP POLICY FOR THE CITY. 7. APPROVE ADDITIONA�`�OSTS TO THE AGREEMENT WITH BARTON-ASCHMAN ASSOCIATES, INC., FOR THE I-694/TH 47 NE RAMP RECONSTRUCTION PROJECT N0. ST. 1997-3: Mr. Burns, City Manag�r, stated that Barton-Aschman, the design consultant for this project, is claiming costs for work outside the original scope of services, due to the failure of MnDOT to provide certain as-built drawings, and to plan modification5 made by MnDOT. These additional services are generally those related to storm sewer design, traffic signalization, and street lighting. The cost for this FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 8, 1997 PAGE.4 additional work is $13,045. The Minnesota Department of Transportation is accepting responsibility for $9,137.77 of these costs, leaving $3,907.23 to be covered by the City. It is staff's opinion that the costs are justified. Mr. Burns stated it is recommended that these additional costs be approved with the understanding that sufficient funds are available,from Home Depot to cover the City's portion of these costs. If approved, $13,045 will be paid to Barton-Aschman with the expectation that the State will reimburse the City for $9,177.77 at the conclusion of the project. APPROVED THE ADDITIONAL COSTS TO THE AGREEMENT WITH BARTON- ASCHMAN ASSOCIATES, INC. IN THE AMOUNT OF $13,045. g, RFC�LUTION NO. 67-1997 ESTABLISHING WARD 3, PRECINCT 1B �1S A MAIL BALLOT PRECINCT: Mr. Burns, City Manager, stated that Ward 3, Precinct 1B, was created to accommodate a recent annexation of property from �OOri Rapius i.0 r ridley. Since ti71S precir�ct meets t.iic criteria for a mail ballot precinct, staff is recommending tnaL it be esLablished as such. If Council approves, staff will forward the proposal to Anoka County for approval by the Government Services Division Manager. ADOPTED RESOLUTION NO. 67-1997. 9. RESOLUTION N0. 68-1997 DESIGNATING OFFICIAL DEPOSITORIES FOR THE CITY OF FRIDLEY: Mr. Burns, City Manager, stated it is recommended that the name of Susan K. Lemieux, Assistant Finance Director, be added to the list of ind�.vidua]. ` who are authorized to sign checks or make withdrawals from :tfis„ City's official depositories. This list would include the�'inance ,Director, the Assistant Finance Director, and the City Manager. ADOPTED RESOLUTION NO. 68-1997. 10. CLAIMS: AUTHORIZED PAYMENT OF CLAIM NOS. 76349 THROUGH 76552. 11. LICENSES: APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE IN THE LICENSE CLERK'S OFFICE. 12. ESTIMATES: APPROVED THE ESTIMATES, AS FOLIAWS: FRIDLEY CYTY COUNCIL MEETING OF SEPTEMBER 8, 1997 PAGE 5 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. 7776 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/Wal.icway Project No. ST. 1999-2 Estimate No. 6 . . . . . . . . . . . . . . . $5u, 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 No persons in the audience spoke regarding the proposed consent agenda. MOTION by Councilman Schneider to approve the consent agenda items. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously: ADOPTION OF AGENDA: ' MOTION by Councilman Billings to adopt the agenda as submitted. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting . aye, Mayor Jorgenson declared the motion carried unanimously. OPEN FORUM, VISITORS: There was no response from the audience under this item of business. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 8, 1997 PAGE 6 PUBLIC HEARING: 13._ PUBLIC HEARING ON REZONING REQUEST ZOA #97-02, BY THE HOUSING CORP., FOR SHADDRICK & LABEAU AMERIC�IN 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): MOTION by Councilman Schneider to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously and the public hearing opened at 7:45 p.m. Mr. Hickok, i�lcaPiiing .Coordinator, stated that this is a request by the American Legion to rezone property at 1360 Onondaga Street from R-1, single family dwelling, to C-2, general business, in order to allow the construction of an expanded parking lot. If this rezoning is approved, the existing dwelling and detached garage on tt'iiS �iG�Ci �y wiii i�E removed ar�d a parkinq lot constructed. i�ir. riicxok sLated L'naL staff evaluated L'nis rezoning request using � s�andard -compatibility criteri•a ..,,y�ith the proposed district, adj acent uses, and district requirements . The proposed use is an expanded parking ar.ea for the American Legion and is a permitted.. accessory use in a C-2 zoning district. In 1975, the City approved a rezoning for the American Leqion property. This request ext.ends the commercial zoninq an additional 50 feet into the residential area and allows the American Legion to meet, their parking. requirements. The building does not meet the side yard setback for a C-2 district; however, the parking area meets the setback requirements. Screening from the public right-of-way would be provided, as an eight foot screening fence is proposed adjacent to the residential properties. _ Mr. Hickok stated that the Planning Commission voted unanimously to recommend approval of this rezoning. The project meets the tests of the three evaluated criteria and staff also recommends approval with the stipulations that (1') a Comprehensive Plan amendment shall be approved prior to construction of the expanded parking area; and (2) a$5,000 performance bond shall be submitted to ensure completion of the landscaping and fencing. Councilman Schneider stated that a letter was received in opposition to this rezoni.ng. MOTION by Councilman Schneider to receive the letter from James and Teresa Hub, 1395 Onondaga Street, dated August 27, 1997. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. Councilman Schneider stated that he visited the site. He felt the additional parking would improve the situation for the neighborhood and would be a positive change. He said that Mr. and Mrs. Hub's FRIDLEY CITY COUNCIL I�ETING OF SEPTEMBER 8, 1997 PAGE 7 concerns are valid, but they have nothing to do with the rezoning issue. Their concerns are about debris, loud music, and behavior of the patrons. Mr. Hickok stated that Mr. and Mrs. Hub's property is located north of and four lots from the area of the expanded parking. Mr. Watson, Chaplain of the American Legion Post 303, stated that they have had problems with parking and drainage. However, they would hope to alleviate the issues pointed out in Mr. and Mrs. Hub's letter once they have sufficient parking. Councilman Billings stated that his neighbor's secretary lives on Onondaga. She felt that expanding the parking lot would be good for the neiqhborhood. , No other persons in the audience spoke regarding this proposed rezoning. MOTION by Councilman Schneider ta close the public hearing. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously and tne public hearing closed at 7:54 p.m. OLD BUSINESS: 14. APPROVE 1997-1998 ANIMAL CONTROL CONTRACT BETWEEN THE CITY OF FRIDLEY AND BRIGHTON VETERINARY HOSPITAL (TABLED AUGUST 25, 1997 ) : Mayor Jorgenson removed this item.from the table. She stated that at the last meeting there were questions regarding euthanasia. Mr. Sallman,��Public Safety Director, informed councii that Skyline Animal Clinic was contacted. They said that animals are euthanized with a lethal injection of beuthanasia. They keep an animal a minimum of seven days before it is euthanized. The Brighton Clinic uses a euthanizing solution and keeps an animal for a minimum of five days, sometimes lonqer.: ; Councilman Schneider asked if an,animal is scanned for a micro chip to determine who owns the animal. Mr. Burns stated that staff would check to find out if this is done. MOTION by Councilman Barnette to approve the. 1997-1998 animal control contract with the Brighton Veterinary Hospital. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. 15. RECEIVE BIDS AND AWARD CONTRACT FOR COPIER MACHINES: Mr. Hunt, Assistant to the City Manager, stated that seven bids were received for copier machines. One bid arrived late and was FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 8, 1997 PAGE 8 not opened. Another vendor bid on only six of the seven machines and did not include a bid for the copier/fax machine at Springbrook Nature Center. It is recommended, therefore, that Council only receive the five other bids. Mr. Hunt stated that the low bidder was Stringer, the Lanier copier agent, at $39,922 for the seven copiers plus applicable sales tax and the service and maintenance per copy costs. The estimated cost for service and maintenance are $25,951 over a four-year period. No maintenance fee is charged during the first ninety days. However, the City pays for the toner so the cost would be slightly less than $25,591. It is recommended that the bid be awarded to Stringer, the low bidder, at an estimated cost of $65,872. MOTION by Councilman Schneider to�•receive the following bids for the copier machines: ' - �� Copier Machines Serv./Maint. Total Ikon $44,200 $26,105 t�aiiii0ll� iiii70i�d� S1idrN & iOShiba) Konica Metro Sales (Ricoh) Stringer (Lanier) Xerox �4%�L�3 $49, 415 $39, 922 $56, 165 $26, 3�2 $33, 972 $25, 951 $81, 848 $ 70, 305 � 73, 59� $ 83,387 $ 65, 872. $138, 013 Seconded by Councilman Billinqs. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. MOTION by Councilman Schneider to award the contract for the seven copier-s to the low bidder, Stringer, in the amount of $39, 922 glus estimated service and maintenance costs of $25,951, or a total of $65,872. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. NEW BUSINESS: 16. 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): Mr. Hickok, Planning Coordinator, stated that the Planning Commission unanimously recommended approval of this rezoning from R-1, single family residential, to C-2, general business. Councilman Schneider questioned if the stipulations should be included in the ordinance. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 8 1997 PAGE 9 Ms. Dacy, Community Development Director, stated that the ordinance refers to the stipulations adopted at this Council meeting. MOTION by Councilman Schneider to waive the reading.and approve the ordinance on first reading, with Section 1, paragraph 2 of the ordinance referring to the strpulations _that -a- eomprehensive--:�P�an -- •:- Y- -� amendment shall be approved prior to construction of the expanded parking area; and (2) a$5,000 performance bond shall be submitted to ensure completion of the landscaping and fencing. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. 17. RESOLUTION N0. 69-1997 APPROVING A SUBDIVISION, LOT SPLIT, L.S. #97-02, TO SPLIT A PORTION OF 7922 RANCHERS ROAD AND ADD IT TO 7940 RANCHERS ROA.D TO ALLOW THE CONSTRUCTION OF AN ADDITION ON LOTS 7 AND 8, BLOCK 4, UNIVERSITY INDUS�RIAI, PARK, GENERALLY LOCATED AT 7922 AND 7940 RANCHERS ROAD N.E. (WARD 3): . Mr. Hickok, Planning Coordinator, stated that this request is to split a portion oi property 20 feet by 75 ieet from 7922 Ranchers Road and add it to 7940 Ranchers Road. Both properties are zoned M-1, light industrial. In 1985, a variance for parking was granted for the parcel at 7940 R�nchers Road. In 1984, a lot split was approved to split the property.� The proposed lot split does not create a buildable lot, as the lot areas for both properties do not meet the �.5 acre requirement. The lot coverage increases on each property to 39 percent. An easement to allow access and address drainage and parking concerns was previously granted by the City. Mr. Hickok stated that, as proposed, an 18-inch gap would exist between the two buildings. This should be closed in to eliminate future maintenance problems. The Engineering Division is concerned about the capacity of the regional drainage pond. Mr. Hickok stated that the Planning Commission unanimously recommended approval of this request with the stipulations that (1) no future development on the subject or surrounding vacant properties shall occur until an analysis of the capacity of the regional storm water pond oc�urs and is approved by the City; and (2) that 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. Mr. Hickok stated that staff recommends denial of this lot split, as it does not meet the minimum area requirements and approval would not be consistent with previous plats and lot split actions. Councilman Barnette questioned how the 18-inch gap would be_ enclosed and if there would be a roof over it. Mr. Hickok stated that the petiti.oner indicated there is a way to create a wall on the front and back of the building. Essentially, it would be a typical wall but have an 18-inch air space. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 8, 1997 PAGE 10 Mr. Haukaas, Assistant Public Works Director, stated that with some of the recent additions and changes, there has not been a complete analysis of the drainage. The pond serves more than one lot and with the sandy soil, there is not much of a problem. The pond has been improved in a piecemeal fashion. With any development beyond this addition there should be an analysis done. Councilwoman Bolkcom questioned if the lots could be combined so that they mePt the code requirements. In 1985, the code was changed to require a minimum of 1.5 acres for development. She felt the City should not deviate from this requirement. Mr. Hickok stated that he would defer to the petitioner, but he believes they are separately owned. Councilman Billings stated that he fel� if Council approved this '�--� lot split it would be going in the opposite the direction the City wanted to proceed. He would like the lots combined into one that meets code instead of taking from 7922 Ranchers Road to enhance 7940 Ranchers Road. He also had concerns about the ponding and the stipulation about fll�lliE u�velopment. Nir. Haukaas staLed that the pond is in tne rear iot area of tnese properties. There really are not any lots left to build on. If there are additional expansions or changes to the existing properties, he felt the City needed to look at the area as a whole. He stated that really the only properties affected are in this block. . Ms. Dacy, Community Development.Director, stated that the wording in the stipulation to include surrounding vacant properties should probably be eliminated, as the lot split has to do only with the two lots. Councilman Biliings stated that property owners should probably be forewarned of the drainage problem in the area. Anything they do in thE future would require on site ponding. Mr. Haukaas stated that there currently is not a problem, but there is the potential for one in the future. Mr. Paschke, representing the property owners at 7922 and 7940 Rancher Road, stated that this project was designed in 1982. The pond was designed to handle a one hundred year storm. This year, there was a five hundred year storm. There were no problems with the pond, and it was not close to capacity. No one -from the City has approached him with problems with the pond. The only thing they are required .to do, by law, is to detain the water for a period of time. The pond has the capacity to handle the water in that area. The addition requires the handling of 900 cubic feet or about 1,500 gallons of water which is minute and results in about one-fourth of an inch more water in the pond. Mr. Paschke stated that the property owners at 7922 Ranchers Road were thinking of additions to their property so 30 feet was taken FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 8, 1997 PAGE 11 from Lot 7 and added to Lot 8. With this lot split 30 feet is being taken from Lot 8 and being reverting back to Lot 7 where it was when it was platted in 1984. Councilwoman Bolkcom asked if the two lots could be combined to meet the code. Mr. Paschke stated that there are two different owners and two mortgages. There are several other buildings in this area with the same circumstances, one is on 81st Avenue, and it is well maintained. Councilwoman Bolkcom stated that at some point, the City is going to have to follow the codes and require the 1.5 acres. She did not want to set a precedent for the future. She cited the case of a residential property from the last Cotiric�il meeting. Mr. Paschke stated that there is only 47,000 square feet, and it was never platted for 1.5 acres. Councilman Barr�ette stated that in a situatior� fram the last Council meeting, a person bought a.lot after the ordinance was passed knowing full weil it was'not a buildable iot. Mr. Paschke's development was platted in 1984, and the ordina�ice was not changed until 1985 for the 1.5 acre requirement. He felt that this was a different situation and is an existing development. Ms. Dacy stated that this is essentially a replat of two lots. Another option would be to re-convey the south 30 feet of Lot 7 back to Lot 7 from Lot 8 and expand the building on the north. This would permit about a 4,000 to 4,500 square foot addition, and the lots would revert back to the area originally created. Councilwoman Bolkcom.asked if the owners would consider a sinaller ' addition. Mr. Paschke stated that he cannot speak for them. He felt, however, that the Fire Department might have a concern with two buildings too close together,so that they cannot fight a fire. He felt that this would create � maintenance and fire problem at that close distance. Ms . Dacy stated that she did not necessarily agree and would like to review this with the Fire Department. There would be fire walls, and the new addition would have to be sprinkled. Staff presented a video tape of the area and the two buildings involved in this lot split. Councilman Billings stated that he could not support this lot split, as he felt that this was the opposite direction from what the City wished to accomplished by trying to eliminate as many non- conforming lots as possible. There is reasonable use of the property as it exists now. He failed to be convinced that this is in the best interests of the City as a whole. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 8, 1997 PAGE 12 Councilwoman Bolkcom stated that she agreed with Councilman Billings' comments. She would be willing to table and explore staff's option for a smaller addition. Councilman Barnette stated that he would vote in favor of the lot split if more space can be provided and the area cleaned up to the satisfaction of the two property owners. Mr. Paschke stated that the area needs a lot of soil correction. It would not be possible to complete the addition this year if there are delays. There is probably another way to construct the addition so there is no impact, as the building has more than the required number of parking spaces even with the proposed addition. Mr. P��ischke stated he felt that Council should study the recomm�r.dation r°garding no future development before any action is taken. The pond serves all the property along Ranchers Road and the University Industrial Park which is the three shopping centers. There are o.ther ponding areas built into this entire system. The only thing that was talked about was the grassed in ponds. By law t: J L_; L L. _ i F . � . wat�L Cal1 Ue ue�d�ned Oii �iie LOOi Oi t�l� proper�y. Councilwoman Boikcom stateci that ner concern was not. tne d.rainage issue. What staff is recommending is that there be no further future development on the subject or .surraunding vacant p,roperties until an analysis of the capacity of the storm water pond occurs. Mr. Haukaas stated that he met with Mr. Paschke's engineer and is satisfied with the amount of ponding for this project. Since the pond was originally installed, there have been some changes. The site needs to be re-analyzed before any future development occurs. Councilman Schneider asked the permitted lot coveraqe. Mr. Hickok stated that the permitted lot coverage is q0 percent in this zoning district. In both cases the lots would be at 39 percent lot coverage. Councilman Schneider stated that this .building was in existence before the code was changed: Nothing can be done to make it l.5 acres. Councilman Billings stated that there is a letter from the owners at 7922 Ranchers Road agreeing to the lot split. He questioned if there was any communication from the owners of 7940 Ranchers Road. Mr. Hickok stated that the request for this lot split is from the owners at 7940 Ranchers Road, and they have filed the application. Councilman Barnette asked how the 18-inch gap would be covered between the two buildings. Mr. Paschke stated that preliminary plans have been submitted, and they intend to cover the 18-inch gap. The roofs would be FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 8, 1997. PAGE 13 connected, and there�have been no legal or title problems with this situation. It creates a legal line between the two buildings. MOTION by Councilwoman Bolkcom to deny Lot Split, L.S. #97-02. Seconded by Councilman Billings. Upon a voice vote, Councilwoman Bolkcom and Councilman Billings voted in favor of the motion. Mayor Jorgenson, Councilman Barnette, and Councilman Schneider voted against the motion. Mayor Jorgenson declared the motion failed. MOTION by Councilman Barnette to adopt Resolution No. 69-1997, with the following stipulations: (1) no further future development on the subject or surrounding vacant properties shall occur until an analysis of the capacity of the regional storm water pond occurs and is approved by the City; and (2) the petitioner sha11 close the 18 inch gap between the proposed addition and the existing building located at 7922 Ranchers Road and make them architecturally compatible. Seconded by Councilman Schneider. Councilman Schneider stated that he basically agrees with the philosophy oi the Council in that a iine of er�croac�,ment r�22ds t� be in the code. However, this is an existing building, and it was --�`�� platte�d before the ordinance was changed. rie was concerned that this not be taken as a blanket precedent. Councilwoman Bolkcom asked if this was approved if Council was setting a precedent. Mr. Knaak, City Attorney, stated that whenever Council approves something it does set a precedent. They are required to treat similar applications in the same manner. However, if this situation is unique it makes the City's position more defensible. Council needs to be concerned about particular distinguishing circumstances. Councilman Barnette stated that the lot was platted prior to the ordinance being changed to the 1.5 acre requirement. Councilman Schneider stated that with this lot split it reverts back to what was originally platted. It meets the overall lot coverage area, and there are no drainage problems associated with this particular addition. MOTION by Councilman Billings to amend the above motion by eliminating the words "or surrounding vacant properties" from stipulation No. l. Further, to add the following stipulations: (3) the petitioner shall submit a notarized statement from the fee owners of 7922 and 7940 Ranchers Road before October 1, 1997 indicating that both fee owners understand the stipulations; and (4) that these stipulations will be filed against both properties at the Anoka County Courthouse. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 8, 1997 PAGE 14 UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, Mayor Jorgenson, Councilman Barnette and Councilman Schneider voted.in favor of the motion. Councilman Billings and Councilwoman Bolkcom voted against the motion. Mayor Jorgenson declare the motion carried. 18. 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, GENERi�LLY LOCATED AT 8150 UNIVERSITY AVENUE N.E. (WARD 3): Ms. Dacy, Community Development Director, stated that this is a preliminary plat which includes four parcels: Lot l, 12.96 acres which will contain the Sam's Club facility; Lot 2, 7.11 acres which is vacant and will be sold for a future use; Outlot A, 1.81 acres � which contains a storm w.ater pond which will service both Lots 1 •� and 2; and right-of-way dedication for the West University Avenue '�� Service Road. The plat encompasses Sam's Club, and the remaining vacant property adjacent to and north of Sam's Club. The proposed plat meets the minimum lot area requirements for the C-3 district. A portion of Lot 2 will need to be rezoned from C-2 to C-3.. Cross pdi'kiiig� access CaJ�1llV�11LJ� aii� �G111L .UJC aI1C1 irLC11IILCi1C�11CC a�r'c2iTi27'itS for the storm water pond will need to be recorded. She stated:that stipuiations from L'ne expired developmenL agreement wiil be met , with this request. Ms. Dacy stated that the Phase II development behind Sam's Club was to cost $3 million. It is anticipated Bachman's will be purchasing the second lot, plus space for a restaurant. Ms. Dacy stated that the Planning Commission voted unanimously to recommend approval of this request with five stipulations which she outlined. Councilman Billings asked who maintains ownership of the outlot. Ms. Dacy stated that both owners would be responsible._ There is a stipulation regardinq the outlot which is to be recorded against the pr-operties. Mr. Knaak, City Attorney, ,stated that by covenants or other language agreed to by the own�rs, the maintenance of the outlot can be enforced in court. Ms. Dacy stated that when Wal-Mart creates the plat they will own Outlot A, and it would not be conveyed if they want to continue ownership. Councilman Billings felt_...�__�„tipulation should be added that Outlot A will be attached to Lot 1 unless a lot split is presented to the City or an addendum to Stipulation No. 1 that, as part of the storm agreement, ownership will have to be decided for Outlot A. Ms. Dacy stated that to have it combined for tax purposes would clarify the issue. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 8, 1997 PAGE 15 Councilman .Billings stated that Lot 2 would be sized not only for retail space but for a pot.ential restaurant. He asked if a lot split would be required. Ms. Dac� stated that Lot 2 would provided for one use. Bachman's indicated that they are evaluating it and would submit a replat for the second lot. No application has, as yet, been submitted. There is the potential that Lot 2 could be replatted in the near future. Mr. Frank, representing Wal-Mart, stated that there is language in the City' s requirements to make sure � that the outlot could not be conveyed separately from Lots l. or 2. They accept this language. Mr. Knaak stated that there is no harm in additional clarification on this topic, and it would be appropriate. Councilwoman Bolkcom asked what the expansion at Sam's Club would include. Mr. Frank stated that when Sam`s Club acquired this store it was less than a typical Sam's club. More space is needed for their merchandise and to respond to their clientele. The General Manager of Sam's Club stated that to provide an updated facility for their customers,. this store would be remodeled in line with other Sam's Club's. Councilman Billings stated that he would recommend another S�I�,ili3tion be addcd that Out�ot A be c.ombined with either L�t 1 or Lot 2 for tax purposes. MOTION by Councilwoman Bolkcom to approve preliminary plat, P.S. #97-02, for Wal-Mart, to subdivide property into two lots, an outlot and dedicated right-of-way, with.the following stipulations: (1) a joint storm water pond use and maintenance agreement between both owne_s of Lot l and 2, Walton Addition, shall be executed and recorded against Outlot A, Walton Addition; (2) cross-parking and access easements shall be executed and recorded against Lot l and Lot 2, Block l, 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 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 83rd & University Avenues; (5) the petitioner shall pay a park dedication fee of $13,359.03; and (6) that Outlot A be combined with either Lot 1 or Lot 2 for tax purposes. Seconded .by Councilman Billings. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously, . 19. APPROVE AGREEMENT BETWEEN THE CIT.Y OF FRIDLEY AND BRW TO COMPLETE DESIGN AND CONSTRUCTION/INSPECTION OF THE 57TH AVENUE RECONSTRUCTION PROJECT NO. ST. 1997-4: Mr. Haukaas, Assistant Public Works Director, stated that proposals were iequested of Barton-Aschman and BRW for the design and FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 8, 1997 PAGE 16 construction/inspection of the 57th Avenue reconstruction project. Barton-Aschman submitted a proposal of $59,950 to design the project and $32,000 for inspection. BRW's submittal for design was $42,210 and construction/inspection at $15,950 for a total of $58,160, making them the low bidder. Mr. Haukaas stated that Home Depot will contribute $25,000 for the design of the project, which leaves a remainder for the design and construction/inspection of $33,160 to be paid by the City. Staff recommends Council approval to allow BRW to design the project. MOTION by Councilman Billings. to authorize staff to prepare an agreement with BRW in an amount not to exceed $58,160 for the design and construction/inspection for the 57th -Avenue reconstruction project and submit the contract to Council for approval. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. 20. INFORMAL STATUS REPORTS: Mr. Burns, City Manaqer, stated that there were several items to be discussed during the conference session including: litigation; 0Id Central Avenue project; Fridley Community Center project; and potential contract for telecommunication services. Mr. Burns stated that the City is still soliciting volunteers to assyst with the lar.dscaping at the �omLLnunity center on September 20 beginninq at 8:00 a.m. Those interested in volunteering may 1.1711LC11.L i-l" 1- '7�1_3JV0. . him direc�.�Y d� rJ r�. Councilman Barnette suggested that Mr. Bock at the Fridley High School be contacted about obtaining students.from his landscaping. class to assist with this project. Mayor Jorgenson sug�ested that Boy Scouts working on their badges may wish to participate. ADJOURNMENT: MOTION by Councilman Schneider to adjourn the meeting. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of September 8, 1997 adjourned at 9:21 p.m. Resgectfully submitted, Carole Haddad Nancy J. Jorgenson Secretary to the City Council Mayor MEMORANDUM DEVELOPMENT DIRECTOR DATE: September 18, 1997 � �� TO: William Bums, City Manager .�j'� FROM: Barbara Dacy, Community Development Direetor Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Second Reading of an Ordinance Approving a Rezoning, ZOA #97-02, by The Housing Corp. for Shaddrick & LaBeau Post 303 American Legion, Generally Located at 1360 �•= . Onondaga Street N.E. The City Council approved first reading of the ordinance at its September 8, 1997 meeting. RECOMMENDATION Staff recommends that the City Council approve second reading of the attached : ordinance rezoning the property at 1360 Onondaga Street N.E. from R-1, Single Family Dwelling to G2, General Business. MM/dw M-97-392 �.� � 0 ORDINANCE NO. ORDINANCE TO AMfiND TIiE CITY CODE OF THi3 CITY OF FRIDLSY, MINN$SOTA BY MAKING A CHANG$ IN ZONING DISTRICTS The City Council of the City of Fridley does ordain as follows: SECTION 1. SECTION 2. Appendix D of the City Code of Fridley is amended as hereinafter indicated. Be and is hereby rezoned subject to the stipulations adopted at the City Council meeting. The tracts or areas within the County of Anoka and the City of Fridley and described as: Lot 2, Block 1, Walnut Addition 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. PASS$D AND ADOPT]3D BY THE CITY COUNCIL OF TH$ CITY OF FRIDL$Y THIS DAY OF. , 1997. ATTEST: WILLIAM A. CHAMPA - CITY CLERK Public Hearing: First Reading: Second Reading: Publication: September 8, 1997 September 8, 1997 1.02 NANCY J. JORGENSON - MAYOR City of Fridley MEMORANDUM TO: William W. Burns, City Manager h�}�" �� FROM: John G. Flora�ublic Works Director DATE: September 22, 1997 SUBJECT: BRW Agreement PW97-247 At the Council meeting of September 8, 1997, we submitted a request to approve the.contract with BRW ta design, stake and inspect the 57th Avenue reconstruction project between Main Street and University Avenue. Attached are the copies of the agreement. In my memorandum of September 8, 1997 there was an error. of $1,000 in the amount to be paid by the City. The total contract is $59,160. The contribution fro�n Home Depot of $25,000 leaves a balance of the City of $34,160. Recommend the City Council approve the contract with BRW for the design, staking and construction/inspection of the 57th Avenue Reconstruction Project No. ST: 1997 - 4 for a total amount of $59,160. _ JGF:cz Attachment 2.01 : I� '� Ma 16 1997 Y � Mr. John Flora $ R w iNC. Director of Public Works City of Fridley Municipal Center 6431 University Avenue NE Fridley, MN 55432 RE: 57th Avenue Roadway Improvements Request for Proposal Mr. Flora: r'ann"'g BRW Inc. is pleased to submit this proposal to provide design services for the Transportation 57th Avenue roadway improvements project. We are sincerely interested in E"g'n�7'°� your project and believe that our experience and focus is directl a hcable to Urban Design y pp your project. Thresher syuare BRW has completed two traffic studies in tlus area. The most recent traffic �oo �n,�ra str�c so. study, completed in March 1997, provided the background to the alternative Minneapolis, selected and the basis of this �roposal. BRW believes the continuity from Mrv ssais study to design of this roadway section will be invaluable to the City of 612/370-0700 Fridley. . Fax 612/370-1378 . PROJECT APPROACH Denver Mil�vaukee BRW will provide the City of Fridley a complete set of contract documents that M'°°eaPo>>S will allow the public bidding of the 57th Avenue improvements. The design is Ne�,'�rk based on the Five-Lane Roadway Alternative No. 3 from the March 1997 °ria°a° Traffic Study Update prepared by BRW. The following is a summary of our rh°en'X proposed Work Program. � Portland San Diego BRW will prepare plans and specifieations for the project in accordance with seacc►e Mn/DOT State Aid standards. In addition, 57th Avenue is an Anoka County Roadway (County Road 102) and will require plan preparation in accordance with the County standards. BRW will submit sets of the plans and specifications to the City and County for review at appropriate intervals during their preparation or as requested. Upon completion, BRW will subnut to the City, County, and Mn/IIOT State Aid for final review and approval. 2.02 Mr. John Flora 1VIay 16, 1997 Page 2 The plans will included the following: • Title Sheet • Details/Tabulations • Typical Sections • Existing Conditions/Removals • Plan & Profile of Roadway • Staging and Traffic Control Plans • Storm Sewer/Drainage Improvements • Signage and Striping Plans • Traiiic Signal Modifications • Street Lighting Plans , • Landscape Plans • Roadway Cross-Sections It is assumed that the plans will be prepared using metric system units, unless specifically requested to be in English units by the City. It is our understanding that the project will be designed in the summer/fall of 1997 and bid in the winter of 1998 for a 1998 construction start. The landscape .plans identified above include only the replacement of landscape materials removed due to construction. It is our understanding that � the signal modifications include the replacement of the existing mast arms and poles and additional heads to accommodate the new roadway lane layout. This will also include some re-wiring of the signal system. It is assumed that the pole bases will not need to be replaced and the controller and cabinets vyill remain as is. BRW will prepare a project manual inrluding detailed. specifications in an acceptable format for the City and County. Further, BRW will prepare an engineer's estimate of construction costs. BRW will meet with City staff as needed to discuss the design and to review project status. BRW will provide construction assistance for the project as directed by the City. This task includes answering questions during the bidding process, preparation of Advertisement for Bids, distribution of plans and specifications, preparation of necessary addenda, and evalua#ion of bids. ESTIMATED FEES AND EXPENSES The estimated fees to complete the Work Program identified above has been determined by estimating the number of hours associated with each work task and multiplying by the average hourly, rate by employee classification. BRW proposes to complete the Work Program for a not-to-exceed amount of $23,900 2.03 Mr. John Flora May 16, 1997 Page 3 for services plus reimbursable expenses. Services will be billed monthly on an hourly basis considering the classification of each employee and our Standard Hourly Rate Schedule. A copy of our Standard Hourly Rate Schedule is attached for your information. Expenses will be billed directly to the City with no additional BRW mark-up. It is proposed that any additional services not included as a part of the basic Work Program would be billed hourly based upon our Standard Hourly Rate Schedule. Additionally, in your RFP you requested an estimated fee for construction inspection services.. BRW routinely provides these services to our clients. Based on work on the recently completed Mississippi Street Improvements, BRW is very familiar with the City and County requirements. BRW proposes to provide construction inspection to coordinate the construction activity. On a project of this nature; this typically results in approximately 3/4 time commitment from an inspector. In addition, BRW inspectors will work with BRW office personnel to prepare the necessary application for payments and applicable paperwork as needed for the County and MnDOT State Aid. BRW proposes to perform these services for a not-to-exceed amount of $16,000 for services plus reimbursable expenses. The RFP did not identify the need for construction staking services. BRW has survey personnel that typically provide this service, and if requested, we would appreciate the opportunity to do so for the 57th Avenue project. ADDITIONAL SERVICES The RFP did not indicate the need for base map preparation. Based on BRW's understanding of the project, this base mapping has not yet occurred. Due to the nature of a reconstruction project as proposed, a detailed design survey would be necessary. It is imperative to know the elevation of the existing centerline as well as the edge of existing pavement. Existing landscape and parking lot improvement locations would be necessary to accommodate the widened roadway design. BRW has estimated that this effort would take appro�cimately 2%2 field days along with office time to prepare the actual base map. If requested by the City, BRW proposes to perform these services for a not-to-exceed amount of $2,980 plus reimbursable expenses. Based on discussions with Barbara Dacy, BRW understands that the City may request a livable communities grant that would allow for the design and construction of enhanced sidewalks and/or paths along with enhanced landscape/hardscape improvements. BRW is very familiar with City staff and understands the urban enhancements that would make this project a revitalized area within the City of Fridley. 2.04 Mr. John Flora May 16, 1997 Page 4 It is assumed that the design concept would be similar to the Mississippi Street design. These improvements include concrete paver sidewalks and median in- fill, benches and ornamental lighting, and street tree plantings. It is further assumed that the City would desire these same materials and design for 57th Avenue. BRW has again estimated the effort to complete this task. If these services are desired by the City, $RW would proposed to perform these services for a not- to-exce�d amount of $5,030 plus reimbursable expenses. This assumes that these d �sign elements would be incorporated into the overall construction docum��nt pa:.kage. Other services that may be requested include right-of-way documents and utility upgrade. BRW has a survey group capable of providing exhibits to use in discussions with property owners and preparation of legal descriptions. BRW could also prepare a right-of-way plan, if req•uired for State Aid. BRW's Work Program does not include replacement or installation of sanitary sewer and watermain. If these improvements are required, BRW would be happy to provide this service to you. The Work Program identified above does not include costs for either right-of-way plan preparafiion or utility design. PROJECT TEAM The team assembled for this project will be headed by Paul Danielson. Paul will be the project manager and the daily City of Fridley contact. Paul was the project manager for the initial Home Depot traffic study that initially evaluated roadway improvements for 57th Avenue. In addition, Paul was the design engineer on the Christenson Crossing project for the City of Fridley HIZA, working as the consultant for Rottlund Homes. That work included the Mississippi Street improvements. Paul has coordinated several projects that involved several cities, Anoka County, and Mn/DOT State Aid over the past several years. Bob Green will be the project erigineer for the traffic signal modifications and the street lighting design. Bob works exclusively as a traffic engineer and is the main signal design engineer for BRW. Bob works extensively with Jeff Holstein, the author of the Traffic Study prepared for 57th Avenue and is familiar with the project. In addition, Bob has an excellent relafionship with Mn/DOT personnel involved with signal design issues. 2.05 Mr. John Flora May 16, 1997 Page 5 Tom Harrington will be the project landscape architect. Tom was the project and design manager for the Christenson Crossing project and worked extensively with City staff on the aesthetic issues for that project. Tom has extensive experience with urban enhancement .projects and is very familiar with the Mn/DOT State Aid process. Attached for you review is a brief resume of each. In addition, the above key staff will involve other BRW staff as needed to complete the project in a timely manner. RELATED EXPERIENCE As discussed above, BRW has performed two traffic studies for the 57th Avenue corridor. BRW completed the traHic study update for this corridor that is the basis for this final design project. BRW understands the project issues and is the logical choice to complete the final design and implement construction. BRW's experience on the Christenson Crossing project and associated Mississippi Street improvements provided a solid understanding of City personnel. BRW understands both the planning and engineering issues and has developed an good working relationship with City staff. BRW. construction inspectors have worked well with the City of Fridley construction coordinator, Jon Thompson. BRW has also worked with Anoka County field personnel and understands Anoka County construction requirements. BRW has significant experience with Mn/DOT State Aid personnel. BRW typically processes 10 to 15 projects each year through Mn/DOT State Aid. We understand the process and will prepare plans that will meet their concerns and requirements. In addition, BRW works extensively with Mn/DOT on several signal projects each year. We can provide a critical link for the City of Fridley and Mn/DOT to process the approval of the signal modifications. � BRW works with Anoka County on several municipal type project like this each year. BRW also provides consulting engineering services to the City of Coon Rapids, typically including at least one project each year on Anoka County roadways. Paul Danielson is the project manager for the City of Coon Rapids. 2.06 Mr. John Flora May 16, 1997 Page 6 CONCLUSION We sincerely appreciate your invitation to offer services and would like to prove to you that we are uniquely qualified to provide the complete mix of directly related experience, leadership and technical expertise. Most importantly, we sincerely want to work with you on this project and continue to serve as your engineering consultant in the years to come. Thank you for considering BRW. Sincerely, BRW, INC. �� ` Paul Danielson, PE Project Manager PD/jkh Enclosures cc: Gary Ehrei Bob Green Tom Harrington #7.1-153 2.�! i�� ir) � May 27, 1997 Mr. John Flora Director of Public Works B R W INC City of Fridley Municipal Center 6431 University Avenue N.E. Fridley, MN 55432 RE: 57th AvenUe Roadway Improvements Request for Proposal Mr. Flora: In reviewing the request for proposals with you, it was noted that BRW Inc. inadvertentiv omitted two items from the proposal dated May 16, 1997 for the 57th Avenue Roadway Planning Improvements project. BRW coristruction services did not include construction staking: In T=anspa=t�t�on addition, there was no scope for geotechnical services to assist in the design of the project. Engineering urban Design BRW has discussed the project with our in-house survey department and have determined a budget of $9,600 to perform construction staking for the project. The survey crew would �,r�ner square take direction from the BRW on-site inspector to coordinate the survey activity: BRW �oo �n,�ra sneec so. inspectors and surveyors typically work in this construction services role and have the Minneapolis, knowledge on what it takes to complete the project. . MN 55415 � 612�s�o-o�oo BRW has received a proposal for geotechnical services from American Engineering Testing, Fax 612/370-1378 ��• (��. BRW �as worked with AET on numerous projec;s and is comfortable with their understanding of the scope of services and believe they have a firm understanding of the Denver project issues. AET has provided a scope of services that we have attached for your M;iwa„kee information. AET fee for the geotechnical services is $1,700.00. BRW will pass this cost Minneapolis unto the City with no mark-up. ' I��2Wark o,.land� We believe these two items will provide sufficient information for the City to evaluate Phcenix proposals. BRW believes that ou'r understanding of the project area will be a valued asset Portland in assisting the City through the approval of this multi-agency project. We look forward to San Diego working with you. Seattle Sincerely, BRW, INC. �� . Paul Danielson, P.E. Project Manger Cnclosure cc: Gary Ehret �.0� .�1iERIC.a� 1 E\Gl\EERI\G TESTI\G. I\C. .■�+.■■ May 27, 1997 BRW, Inc Thresher Square 700 Third Street S Minneapolis, MN 55415 Attn: Paul Danielson RE: Proposal for Geotechnical Services 57th Avenue Street Reconst�uction Fridley, Minnesota Dear Mr Danielson: M AY 2 9 1997 C�tdSULT:Ih'c � GEOT�CH,'�;�A! • h1i.TERiraLS • ENVIRONfv1tNTAL Per your May 23 request, we are submitting this cost proposal for the following scope of services: � Fieldwork * Drill two flight auger test borings to a depth of 4.5 ' each, and obtain bag :samples for lab testing Purposes• � * Measure bituminous and apparent base thicknesses. * Clear underground public utilities through the Gopher State One-Call System. * Di�nension and document boring locations referenced to existing street centerlines. *` No measuring of surface elevations planned. Lab� * Perform basic soil laboratory testing - One R-value test - One sieve analysis test (Atterberg Limits test may be substituted) � * L.ogs of test borings, along with drilling methods and classification procedures. * Review of soil conditions and engineering properties. * Recommendations for: - Subgrade preparation - Reuse of on-site soils as fill - Subgrade drainage - Subgrade R-value 2.09 'AN AFFIFMATIVE ACTION EMPLOYER' 2102 University Ave. W. St. Paul, MN 55i 14 . 612-659-9007 . Fax 612-659-1379 Duluth . Manhato . Rochester . Wausau Page 2 The scope of work defined in this proposal is intended for geotechnical purposes only. This scope is not intended to explore for the presence or extent of environmental contamination at the site. However, we will note obvious contamination encountered which can be detected by human sight or smell sensing. Fee The scope of work described herein will be performed for a lump sum fee of $1700. In the event the scope of our work needs to be revised, we will review such scope adjustments and the associ �ted fees �uith you, and receive your approval before proceeding. �chedule Based on our current backlog, we anticipate drilling can be performed within about 1 to 2 weeks after receiving authorization to proceed. Verbal results can be provided shortly after drilling. The report should then follow within about two to three weeks after drilling(somewhat dependent on the R-value testing). AcceF a ce , Please indicate your acceptance of this proposal by endorsing the enclosed copy and returning it to us. The original proposal is intended for your records. R m r If you have questions or need additional information, please do not hesitate to contact me. Sincerely, _ � %// -� •�� - - �/ C `�J �- �L-' L'� � i�l� / / I -�-`. � Jeffery K. Voyen, PE Vice President, Geotechnical Divisiofl Phone #659-1305 Fax #659-1379 PROPOSAL ACCEPTANCE BY NAME: COIVIPANY: DATE: Z. i � 57TH AVENUE ROA�WAY IMPROVEMENTS FEE ESTIMATE FRIDLEY, MN PREPARED BY: BRW, INC. 15-May-97 T1TLE PROJECT SENIOR CONSULT TECH CLERICAL 2 PERSON TOTAL MANAGER; CONSULT ; II ill SURVEY COST ' $95 $75 $60� $50 $35 $90 ROADWAYDESIGN � Details /Tabuiations : : 2: :; g � �g 2 � $1,540 ,Typicai Sections 2� 2: 16 $1 110 :Removals Plan 2 ' 1 ! g ' $650 Plan & Profile Roadway Plans 4 � 12: 40 $3,100 Street Lighti�g Plans 2 12' 16 $1,890 S�icnage & Striping Plans 2 2 4 16 $1,380 Signal Modification Plans Traffic Control Plans 'Staging Plans i Roadway Cross- Sections 'Landscape Plans Technical Specifications 'State Aid/Anoka County Re Engineer's Estimate of Con �Meet with Citv Staff 'SUBTOTAL ' ROADWAY°L 24 2 8 8 8 40 16 16 �s 8 4` 8 4' 2 6 2 4 $3,990 $1,620 $1,470 $1,470 $1,240 $900 $880 $620 $1.000 - ��• �u ; 4u ; l7 : 200 : 14 : 0 : $22,860 : !CONSTRUCTION ASSISTANCE �AnswerQuestionsDurin Biddin 2 $190' °Prepare Ad for Bid/Distribute Plans & Specs 2 4 $330 Prepare Addenda 2 � 2 $260 Evaluate Bids 2 : 2 � $260 � `SUBTOTAL-;CONSTA:SSISTANCE . _ 8: 0?' < 0� 0; 8'. ;;. 0: $1;040; :PROJECT TOTAL ' S8: 40 : 77 ; 200: 22': ' � 0: :$23,900; � BASE Field 1 Base P SUBTi ENHA G iic Survey PACKAG 4 4: -0: 0: ; 2�; 16 16; _0; 20; � Meetings with City Staff 6 ' 2 � $640, Prepare Hardscape Amenities 6 16 ; $1,530 ; Prepare Detailed Landscape Plans g 20 $� �� Estimate of ConstrucUon Costs 4, 2! $450 ; Prepare Technical Specification's 6 2 i $640 � �SUBTOTAL - LANDSCAPE PACKAGE 28; 0� 36: 0� 6; 0: $5.03 2.i i BRW BlLLING RATE TABLE FOR 1997 Billing gRW Rate Classification 175.00 Grade 17 (Sr. V.P.) 165.00 Grade 16 (V. P.) 165.00 Grade 15 (V. P.) 115.00 Grade 14 (V. P. / Sr. Assoc.) 95.OD Grade 13 (Assoc.) 75.00 Grade 12 (Sr. Cons. / Staff 1� 72.00 Grade '! 1(Sr. Cons. / Cons. II / Staff � 65.00 Grade 10 (Cons. II / Cons. I) 60.00 Grade E9 (Cons. 11 / Cons. I) 55.00 Grade E8 (Cons. I/ Cons. ii) 55.00 Grade N9 (Staff I� 55.00 Grade N8 (Staff IV/ Staff 11!) 47.50 Grade 7 (Staff III) 37.50 Grade 6(Staff f I) 32.50 Grade 5 (Staff I) 32.50 Grade 4 (Staff !) 2.12 CITY OF FRIDLEY PLANNING COI�IlKISSION MEETING, SEPTEI��ER 3, 1997 CALL TO ORDER: Chairperson Savage called the September 3, 1997, Planning Commission meeting to order at 7:30 p.m. ROLL CALL• Members Present: Diane Savage, Dave Kondrick, Dean Saba, Brad Sielaff, Connie Modig Members Absent: LeRoy O�uist, Larry Kuechle Others Present: Barbara Jacy, ��msr�unity Development Director Scott Hickok, Planning Coordinator Maynard Nielson, 7144 Riverview Terrace. Delores Hartos, 6200 Starlite Boulevard Barb Thorstad, 6211 Starlite Boulevard Sylvia Lindgren, 6181 Starlite Boulevard Craig Hartos, 6200 Starlite Boulevard Councilmember Bob Barnett � APPROVAL OF AUGUST 20, 1997, PLANNING COMMISSION MINUTES:. � MOTION by Mr. Kondrick, seconded by Mr. Saba, to approve the August 20, 1997, Planning Commission minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLP,RED THE MOTION CAititIED UNANIMOUSLY. l. PUBLIC HEARING: CONSIDERATION OF A 9PECIAL USE PERMIT, SP #97-06, BY DELORES AND CRAIG HARTOS: Per Section 205.07.O1.C.(1) of the Fridley City Code, to � allow construction of a second garage on Lot 16, Block 4, Sylvan Hills Plat 3, Generally located at 6200 Starlite Boulevard N.E. MOTION by Mr. Kondrick, second�d 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 SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:32 P.M. Mr. Hickok stated the property is located on Starlite Boulevard and is zoned R-1, Single Family, as are all the surrounding properties. To the west of the property is the railroad line. Located on the property is a single family home. Behind the home is a 22 foot x 22 foot detached garage. There is also a 10 foot x 28 foot accessory structure on the northwest corner of the 3.01 PI+ANNING COMMISSION MEETING SEPTFI��ER 3 1997 PAGE 2 property that encroaches 5 feet into the utility easement. Mr. Hickok stated the request is to allow for the 22 foot x 22 foot garage to be moved back to where the 10 foot x 28 foot structure once stood and to locate the garage 5 feet from the property rear line and outside of the utility easement. Then a new garage measuring 24 feet x 38 feet would be constructed. The proposed new garage has a narrow front and is deeper than the typical garage. On the west elevation of the proposed garage will be a single garage door to allow access between the two structures. Mr. Hickok stated, as discussed, the petitioner is proposing to keep the current 22 foot x 22 foot existinr garage but to move it back on the site. In order to do this, the 10 foot x 28 foot structure will be removed. The total square footage for the accessory buildings being considered is 1,396 square feet. The maximum allowed is 1,400 square feet. The purpose of keeping the 22 foot x 22 foot structure is to provide storage for firewood, lawn and snow equipment, and to provide shelter for t�e dogs when they are left alone. Mr. Hickok stated staff recommends that the Planning Commission recommend approval of the special use permit to the City Council with the following stipulations: l. The structures shall be architecturally compatible with the existing dwelling. 2. Neither accessory structure be used for a home occupation 3. The 1Q foot x 28 foot structure shall"be removed within three months of completion of the garages; a demol•ition permit shall be obtained. 4. Proper moving and building permits shall be obtained prior to construction starting. 5. The second garage (22 foot x 22 foot) shall not be located in the utility easement. Mr. Kondrick asked if there were any special setbacks other than that the existing garage not.be located in the utility easement. There is no other dispensation granted by the Appeals Commission to allow the buildings to sit where they are. The setbacks are. met. Mr. Hickok stated this was correct. Mr. Kondrick asked if staff had received any comments from the 3.02 PI�ANNING COMMISSION MEETING, SEPTEMBER 3, 1997 PAGE 3 neighbors. Mr. Hickok stated staff had received no comments. Mr. Sielaff asked how big the site was. Mr. Hickok stated the site is 11,250 square feet. Mr. Sielaff asked what was the percentage of lot coverage when taking into account the house and accessory structures. Mr. Hickok stated the total coverage will be 21.9%. 25% is the maximum allowed coverage. Ms. Savage asked the petitioner had any problems with the stipulations. Ms. Hartos stated she did not, except the demolition permit for the shed. Mr. Hickok stated, however the petitioners chooses, the shed would be a third building and must be removed. In order to do that, if the building were going to be demolished, they would need a demolition permit. If the building is to be moved, they would need a moving permit. Ms. Hartos stated they had planned to tear down that building before construction. Ms. Hartos stated the garage to be moved is about 10 years old and in good shape. The shed is more make-shift. This will look much nicer. It was her idea. She could not see a good garage going to waste. She started the plan to tear down the shed, move the existing garage and build a new garage. The existing garage will make good use for storage space. Mr. Kondrick asked if the petitioners had any problems with the buildings being architecturall,y compatible. Mr. Hartos stated everything would be the same. The garages would be sided the same as the house, and they will be the same color. Ms. Savage asked if the petitioners had heard any complaints from the neighbors. Ms. Hartos stated the two neighbors are at the meeting. One neighbor stated she.had no complaints. She just wanted to be sure that the garage would not be used for a home business. That concern was cleared during the staff report. 3.03 PLANNING COMMISSION MEETING SEPTEr�ER 3 1997 PAGE 4 Ms. Hartos stated another neighbor had planned to attend to support the request. MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CEAIRPERSON SAVAGE DECLP,RED THE MOTION CARRIED AND THE PUBLIC HEARING CIASED AT 7:40 P.M. Mr. Kondrick stated he drove by the site and saw what they are going to do. He has no problem with the request as long as the petitioners are comfortable with the stipulations. Ms. Modig stated she had no problems with the request. She thought the proposal would be an improvement for that property. MOTION by NIr. Kondrick, seconded by Mr. Saba, to recommend approval of Special Use Permit, SP #97-06, by Delores and Craig Hartos, to allow construction of a second garage on Lot 16, Block 4, Sylvan Hills Plat 3, generally located at 6200 Starlite Boulevard N.E., with the following stipulations: ' l. The structures shall be architecturally compatible with the existing dwelling. 2. Neither accessory structure be used for a home occupation: • 3. The 10 foot x 28 foot structure shall be removed within three months of completion of the garages; a demolition permit shall be obtained. 4. Proper moving and building permits shall be obtained prior to construction starting. 5. The second garage (22 foot x 22 foot) shall not be located in the utility easement. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CAFtRIED IINANIMOUSLY. Mr. Hickok stated the City Council would consider this request at their meeting of September 22. 2. PUBLIC HEARING: CONSIDERATION OF A REZONING, ZOA #97-03, BY THE CITY OF FRIDLEY: To rezone property from R-3, General Multiple Family Dwelling, to R-1, Single Family Dwelling, on Lots 2 and 21, not taken for street purposes, and all of Lots 4 through 10 and 14 through 20 of Block 20, Fridley Park, as recorded at 3.04 PLANNING CONIl�iISSION MEETING, SEPTFI��ER 3, 1997 PAGE 5 the Office of the Anoka County Recorder, generally located at the northeast corner of 61st Avenue and East River Road. MOTION by Mr. Kondrick, seconded by Mr. Saba, to waive the reading of the public hearing notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CEAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBI,IC HEARING OPEN AT 7:43 P.M. Ms. Dacy stated the site is located in the northeast corner by East River Road and 61st Way, and encompasses the entire block. The property is zoned R-3, General Multiple Family Dwelling, and is surrounded by R-1, Single Family, to the north and west. To the south, the Commission acted to rezone the CR-1, Genecal Office, to M-1, Light Industrial. A 30,000 square foot warehouse. complex will be constructed on that property. Ms. Dacy stated this request is to rezone the 3.1 acre site from R-3, General Multiple Family Dwelling, to R-1, Single Family. The request is being proposed by the City of Fridley. When the development and the rezoning occurred on the property originally, there was a development agreement approved. Because no development occurred.on the property, the direetion was clear that the zoning was to revert bac.k to R-1. This action happened on this site in 1984. At tl�at time, the current owner had proposed to develop 28 loft townhomes on the site. The developer was unable to follow through with the development and to comply with . the stipulations. Ms. Dacy stated, when staff analyze a rezoning, they look at a number of factors. In this case, because the rezoning is back to the original zoning that was on the property in 1984, it would be. consistent with the zoning historically. Under the current plat, 12 to 15 single family iots could be developed under the R-1 zoning. The R-1 district, as well as R-3, allows churches, nursing homes, convalescent homes, and other similar types of uses by a speeial use pexmit. It is conceivable that the Planning Commission could see a special, use permit request for this site. Ms. Dacy stated staff wanted to point out that the R-3 zoning works for this site as well even though this application is being proposed to be consistent with the 1984 action. Because the site is located just to the north of an industrial area and to .the south edge of a single family.area, it forms a good transitional type of piece. The size of 3.1 acres is large enough to accommodate berms or other types of landscaping for additional screening if so desired by the neighborhood. It is located near a railroad which is just to the east. Sometimes that may not be as attractive for single family homes. 3.05 PLANNING COMMISSION MEETING, SEPTEN�ER 3, 1997 PAGE 6 Ms. Dacy stated, despite the recommendation to rezone back to R-1, it is just as likely that the Planning Commission may see a rezoning request in the future to go back to R-3 because of the parcel's location and it would be an opportunity to create a different housing style. Ms. Dacy stated staff recommends the Planning Commission recommend approval to the City Council to rezone the property to R-1, Single Family. Ms. Modig asked if staff was saying there is still the possibility that the Planning Commission may be asked to rezone this property again back to R-3 because of the type of property it is. Ms. Dacy stated yes, this is possible. Ms. Modig asked, if the Planning Commission chose not to rezone the propert�, what negative thing would happen. Ms. Dacy stated she did not know that there would be any negatives. A rezoning application gives the Gity the maximum amount of discretion. It also requires a 4/5 approval by the Council. It offers the Planning Commission and City Council more control. If the property remains R-3, a development could occur on the site as a permitted use, and the Planning Commission and City Council would not have the ability to Iook at the project in some type of detail. There was an option discussed with the City Council of amending the development agreement and keeping the zoning the way it is, but it was determined it would be mo�e appropriate to rezone the property to R-1. Any new request that would come through would have to go through the same type of scrutiny as any other request. Mr. Nielson to keep the this time. better for to purchase stated he is zoning R-3. He thought a this property. the property the owner af the property. He would like He is working with two contractors at higher density development would be He has not had much luck getting anyone for s2ngle family use. Mr. Kondrick asked the petitioner why he would prefer to have the zoning remain R-3. Mr. Nielson stated he had a contractor recently interested in building 12 townhomes and another contractor who called today also interested in building townhomes. He would like to develop the property. Mr. Kondrick asked how much of a hardship would it present if the property were rezoned to R-l. 3.06 PLANNING CON�IISSION MEETING, SEPT�ER 3, 1997 PAGE 7 Mr. Nielson stated he would probably be back within one year to rezone back to R-3. MOTION by Mr. Kondrick, seconded by Mr. Saba, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CFIAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:50 P.M. Mr. Saba stated he is concerned about putting the owner through hoops by rezoning. In looking at the location, there is not a good chance that will be developed as R-l. It is more likely to be developed as R-3. The request is to go from R-3 to R-1, with the probability it will go back to R-3 again. He did not understand why they are changing the zoning. He does understand that they have more latitude in the development of that area. However, the site is located next to the railroad and just north of property zoned M-1. To him, R-3 would make an ideal buffer. Mr. Kondrick agreed. He wondered if he was missing something. Since there is M-1 across the street and other housing one block away, it seems this would be a good spot for transitional housing or multiple family housing. He did not see why they should do this. Ms. Dacy stated the Planning Commission does not have to agree. If the Commission feels the current zoning is what you believe should remain on the property, theri the�motion can reflect that. The intent behind the application is essentially to start all ove�. The 1984 application could not happen for a variety of reasons. The analysis was that, if it is rezoned to R-1, then any development would have to meet today's standards, would have to go through the process including a public hearing, and involve the people in the neighborhood. If you feel R-3 is more appropri:ate, the Commission has the option to recommend denial of the request. Mr. Kondrick stated putting single family houses there is a possibility if the property is,zoned R-1, but nothing has happened since. He does not think they would put houses there. Ms. Savage stated her concern is that they should not be making decisions themselves without the opportunity for a full hearing. We would be making the decision that the property sYiould be R-3. It seems to her that this is not for the Planning Commission to decide because they do not have the full opportunity for interested parties to have a say, to have their due process which is the opportunity to be heard. Why should we decide that this property should be R-3 without going through the procedure that would be set up? 3.07 PLANNING CONIl�IISSION MEETINGs SEPTF�ER 3, 1997 PAGE 8 Ms. Modig stated the property is currently zoned.R-3. The process, if that was a problem, would not have taken place. Unless she is misunderstanding what staff is saying, by gving back to R-1, it gives us some input as to the type of R-3 housing that goes in there. If the property remains R-3 and staff referred to today's standards, whatever development goes in there has to meet the current criteria. The advantage to the Planning Commission putting the zoning to R-1 is that no one could put in a development without first coming through the process. Ms. Dacy stated that is correct. Mi. Kondrick stated he understood they would have more control if tr�e zoning was R-1 rather than R-3. Ms. Dacy stated this was correct. Ms. Sielaff stated staff inentioned that a special use permit could be obtained. For what purposes would such a permit be required? Ms. Dacy stated the R-1 and R-3 special uses such as churches or size of the site, you could see either zoning. The spe.cial use through the process. zoning allows convalescent a request for permit request a similar list homes. Because a church under would have to of. the �! • Ms. Dacy stated in 1984 the City rezoned the property subject to the execution of a development agreement based on 28 loft townhomes. The developer could not construct the loft townhomes. The City proceeded to pass the zoning to R-3 with the development agreement stipulations. While there is an option that would renegotiate the development agreement to something different under today's standards, the City Council felt it was appropriate to initiate the process to rezone the property back to R-1. Any development would require the petitioner to file a new petition, the City would have to notify the surrounding people within 350 feet and would involve the public in that new glan. That gives the City control to evaluate the request to zone back to R-3. Ms. Savage stated this also gives all interested persons an opportunity to be heard. Ms. Modig asked, if the Commission were to rezone as R-1 and the owner comes back next year to request R-3 zoning, is there a way we can put on a time certain so this does not keep coming back year after year. It seems like a lot of paperwork and a lot of wasted time. She likes to think that the City could look at those things and have some input about.what goes on the property and the type of use. If reverting this back to R-1 gives us greater input and control, that would be an advantage. Otherwise, she thought 3.08 PI�AriNING CONII�IISSION MEETING, SEPTEMBER 3, 1997 P� 9 they were just changing numbers. Mr. Sielaff stated part of the issue is also getting input from neighbors. Mr. Kondrick asked if they should be thinking about rezoning any other R-3 properties to R-1 so we have control. Ms. Savage stated this property is unique because the contractor did not fulfill their obligations. Ms. Dacy stated the only other substantial piece of property zoned R-3 that was developed recently was the Harstad townhomes east of Highway 65. There are no other vacant parcels zoned R-3 at this time. There are spots zoned R-3 here and there but the majority are developed. Mr. Saba asked if this would be treating the m�tter of rezoning rather lightly and not sticking to a zoning plan. He has a problem with changing the zoning from R-1 to R-3, then R-3 back R-1 without a specific plan for development. We still have some control if the zoning is R-3. The intent is to develop the property as a townhome development as it was intended in 1984. has a personal issue with just changing the zoning for the sake changing the zoning to have control. to He of Ms. Savage stated she sees this as a unique situation where in 1984 a request was approved to.allow loft townhomes to be built. There was a plan and a project, but that-did not happen. Right now there may be in the future a similar plan but it is not before_ us now. She thought this was more procedural. This is reverting back to what it was before because the agreement was not carried through. She person�lly would concur with staff's recommendation. If there was a plan in front of us, that is different but we do not have a plan and may not for another year.. Mr. Saba stated that is the issue he has. They do not have a plan for R-1. The•location is next�to the railroad tracks and across from M=1. I�e did not see that as a prime development for R-1. He thought the City would see a request in one year to go back to R- 3. � Ms. Savage stated she thought the main concern is that this will give people the opportunity to be heard. There was a hearing in 1984 where the neighbors had the opportunity to be present and express their views. That is not happening now. She thought that needs to occur. That is a fundamental due process of the law that people can be heard, and she thought that was the intent of the City Council. 3.09 PLANNING CON�IISSION MEETING, SEPTEMBER 3, 1997 PAGE 10 Mr. Saba stated they were holding a public hearing now and people had the opportunity to be heard, but few people are at this meeting. He thought that was due process. Ms. Modig stated she is going back and forth. She sees what the City wants to do and understands it, but she also thinks the property is not viable and has not been for all this time for single family. It was R-1 for years, and nothing happened. Nothing happened on it with R-3 either. She thought they would be spending more time down the road going through the same process and argument. If the Commission chose to leave the zoning as it is, because the developer has to come in for building permits, submit a site plan, and meet certain criteria, she really does not ur.derstand how much more input they would have•by changing the zoning than not other than a public hearing. She thought that was valuable, but there was a public hearing tonight. The mailing list would be the same. There was no interest now. Mr. Nielson stated he also owned the 1/2 block that is vacant to the north of this block which is zoned R-l. The rezoning would only affect 4 houses. There is only one house that faces his property and that is across East River Road. It is not really affecting anyone. Mr. Sielaff stated, as he read the public hearing notice, he did not get all of the issues that were discussed tonight. If he were part of the public, he would not get upset about it because he would not know what the issues were. Ms. Modig stated the rezoning would still be the same. If there is no interest in the rezoning, why rezone the property. The mailing list was quite extensive and included a number of commercial properties. Mr. Kondrick stated he thought any resident driving by there would conclude multiple family would be better there than single family. The railroad tracks are there. Industrial land is to the south. When the zoning changed from R-1 to R-3, the neighbors had the opportunity to have their say. He likes the idea of having control but after hearing discussion he would prefer to have the zoning remain the same. The City sent out notices that the rezoning is an issue but there were no responses. Personally, he also feels the property would best serve the citizens for a multiple family use. Ms. Savage stated she did not disagree with that. They do not know what will be going up there. They do not know the type of multiple family dwelling that would go up there. If the zoning is R-3, there is not the same control as to what type of multiple dwelling can be erected there. There was a concern voiced in the 3.70 PI�ANNING COl�lISSION MEETING, SEPTEI��ER 3, 1997 PAGE 11 surveys about multiple family dwellings. Part of it is the fear of crime. If the people knew there was going to be some type of development going up, they would come. If they find out there is a development that they might not want in their neighborhood, they would come. She understands the concerns being expressed that the property is not a suitable property for single family dwelling area. She still feels though that it is important to wait until there is an actual project that is going to be there and to have an opportunity for everyone to have their say. She did not think they should be concerned with the extra time and paperwork when it comes to letting people decide what type of property they want in the City. Mr. Sielaff asked what happens at this point to the previous development agreement. Ms. Dacy stated a resolution passed by the City Council declared the development agreement breach. Because the developer could not fulfill their obligation, the agreement becomes null and void. The resolution instructs the City to initiate the rezoning process back to R-l. Mr. Sielaff stated an alternative would be not to rezone the property. Would the City then need another development agreement? Ms. Dacy stated, because the City Council has taken action to consider the agreement breach, they can no longer use the original agreement as a negotiating tool. It would be left to building codes and zoning codes. If there was a proposal for owner occupied townhomes, there is the possibility of a plat application which would go through the process. A developer may request a variance which would go through the Appeals Commission. There is a possibility there may be a public involvement process. But the developer could also submit a plan that meets all the requirements, and they would have to then use the existing standards. Mr. Kondrick asked, if the Commission left the zoning as R-3, would they lose control of the density on this property. Ms. Dacy stated whatever the R-3 zoning stipulates would have to be adhered to. If they met the letter of the law for R-3, then they would have to issue the building permit. Mr. Kondrick stated, if the zoning were R-1, we would have more control over the density. Ms. Dacy stated, in that case, they would have to file a rezoning application and then you get into the discussion of whether this is a good site for R-3. You still have the density requirements 3.11 PI.ANNING COMNIISSION MEETING SEPTEI��ER 3 1997 PAGE 12 to act as a guide. Through the rezoning process and site plan review process, you may be able to control that a little more. Mr. Kondrick asked if they could control the quality, design, etc. He is willing to do that if they could exercise some power. He is not hearing that staff is saying that. Ms. Dacy stated this is not the same as the southwest quadrant. In the past, the City Council has based the stipulations as part of the rezoning request to control some issues such as architectural exteriors, etc. Each case has different circumstances. She cannot say they would have total control by rezoning back from R-1 to R-3. Mr. Saba stated this is difficult. He would like to restrict R-3, but in this location he personally cannot see rezoning the property to R-1 and then back to R-3. MOTION by Mr. Kondrick, seconded by Mr. Saba, to recommend denial the Rezoning Request, ZOA #97-03, by the City of Fridley, to rezane property from R-3, General Multiple Family Dwelling, tc P.- 1, Single Family Dwelling, on Lots 2 and 21, not taken for street purposes, and all of Lots 4 through 10 and 14 through 20 of Block 20, Fridley Park, as recorded at the Office of the Anoka County Recarder, generally located at the northeast corner of 61st Avenue and East River Road. UPON A VOICE VOTE, WITH MS , MODIG, 1�2. SABp, AND 1�t, RONDRICK VOTING AYE, AND 1KS. SAVAGE p,ND I�2. .SIELAFF VOTING NAY, CHAIRpERSON SAVAGE DECLARED THE MOTION CARRIED gy I�70RITY VOTE. . Ms. Dacy stated the City Council would consider this request at their meeting of September 22. 3• PUBLIC HEARING: CONSIDERATION OF A ZONING TEXT AMENDMENT, ZTA #97-01, BY THE CITY OF FRIDLEY: To recodify the Fridley City Code, Chapter 205, entitled "Zoning", in order to regulate the location of pawn shops, pawn brokers, and second hand goods dealers: To amend Sections 205.13.02, 205.14.O1.A, 205.15.O1.A, and 205.16.02. 205.13 C-1 LOCAL BUSINESS DISTRICT REGULATIONS 2• USES EXCLUDED Any use allowed or excluded in any other district unless specifically allowed under Uses Permitted of this district are excluded in C-1 Districts, includin , but not limited to- 3.12 PLANNING CONIlrIISSION MEETING, SEPTFI��ER 3, 1997 PAGE 13 pawn shops, pawn brokers as regulated by Chapter 31 of the Fridley City Code, and second hand goods dealers as defined in Minnesota State Statute 471.925. 205.14 C-2 GENERAL BUSINESS DISTRICT REGULATIONS 1. USES PERMITTED A. Principal Uses. The following are principal uses in C-2 Districts: (18) Pawn shops, pawn brokers as regulated by Chapter 31 of the Fridley City Code, and second hand goods d�alers as defined in Minnesota State Statute 471.925. 205.15 C-3 GENERAI, SHOPPING CENTER DISTRICT REGULATIONS 1. USES PERMITTED A. Principal Uses. r The following are principal uses in C-3 Districts: (3) Pawn shops, pawn brokers�as regulated by Chapter 31 of the Fridley City Code, and second hand dealers as defined in Minnesota State Statute 471.925. 205.15 CR-1 GENERAL OFFICE DISTRICT REGULATIONS 2. USES EXCLUDED Any use allowed or excluded in any other district unless specifically allowed under Uses Permitted of this district are excluded in CR-1 Districts, including, but not limited - to: pawn shops, pawn bro,kers as regulated by Chapter 31 ot the Fridley City Code, and second hand dealers as defined in Minnesota State Statute 471.925. MOTION by Mr. Kondrick, seconded by Mr. Saba, to waive the r.eading of the public hearing notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 8:20 P.M. Mr. Hickok stated the request is for a zoning text amendment that would affect Sections 205.13.04, 205.14.O1.A, 205.15.O1.A, and 205.16.02 of the.Fridley City Code. The purpose of the amendment 3.13 PLANNING COMMISSION MEETING, SEPTEP�ER 3, 1997 PAGE 14 is to prohibit second hand dealer shops and pawn shops in the C-1, Local Business, and CR-1, General Office, zoning districts and also to modify the C-2, General Business, and C-3, General Shopping Center District, to allow second hand and pawn shops. Mr. Hickok stated the C-1 and CR-1 districts have historically served as a compatible transition between commercial and residential uses. The C-1 district provides local conveniences to surrounding neighborhoods. Mr. Hickok stated in early 1997 the City had a request to allow a second hand shop in a C-1, Local Business, district. ThF code was non-descript about the use and for a short time the busir.ess occupied a building in the C-1 district. During that tir..e, concerns were voiced regarding the intensity of the use, the potential sale of used handguns, etc. Based on a request, staff analyzed the situation and determined the code should more explicit about such uses in the.C-1 and CR-1 districts, and in the C-2 and C-3 districts it should be mare descriptive in allowing these. Mr. Hickok stated the City is required to make provisions for uses in its community. It is not easy to simply say no, but we can be clear about where we direct uses. The proposed text amendment will clarify where pawn shops and second hand stores should be located in the City. Second hand shops are a bit different from pawn shops. Pawn shops are regulated in Chapter 31 of the City code which requires a license and a review process before commencement of operation in a certain location. Second hand uses are also in the City. Staff held a meeting with the owners of second hand businesses to discuss the modifications. They were in concurrence with the C-1 and CR-1 prohibition. Their best locations are in the C-2 and C-3 districts. Mr. Hickok stated staff recommends the C-1 and CR-1 districts be modified to prohibit second.hand shops and pawn shops, and that C- 2 and C-3 districts be modified to allow second hand shops and pawn shops as permitted uses. � Ms. Savage stated there were not to be any second hand shops in the C-1 or CR-1 districts. She asked if there were any requests to have any. Mr. Hickok stated, with the exception of one discussed, there are no pending requests. The one mentioned in the presentation has moved to another location. Mr. Kondrick stated he wished to clarify that the owners of these types of businesses concur that the locations would be best located with the language that is being submitted. 3.14 PLANNING CONIl�IISSION MEETING, SEPTEI��ER 3, 1997 PAGE 15 Mr. Hickok stated this was correct. Mr. Kondrick asked if the police department prefers the proposed language as well. Mr. Hickok stated yes. The police department first asked staff to look at the C-1 district. Staff feels the CR-1 district should also be included. Councilmember Barnett asked if this would also apply to the second hand clothing and consignment stores in Holly Center. Mr. Hickok stated this would apply to all second hand operations. He is not familiar with any existing second hand use in a C-1 or CR-1 district. Second hand shops would be permitted by right in the C-2 and C-2 districts. Holly Center is a C-3 district. MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:30 P.M. Mr. Kondrick stated he had no problem with the request. He thought it was nicely done. . MOTION by Mr. Kondrick, seconded by Mr. Saba, to r�commend approval of the Zoning Text Amendment, ZTA #97-01, by the City of; Fridley, to recodify the Fridley City Code, Chapter 205, entitled "Zoning", in order to regulate the location of pawn shops, pawn brokers, and second hand goods dealers: To amend Sections 205.13.02, 205.14.01.A, 205.15.01.A, and 205.16.02. 205.13 C-1 LOCAL BUSINESS DISTRICT REGULATIONS 2. USES EXCLUDED Any use allowed or excluded in any other district unless specifically allowed under Uses Permitted of this district are excluded in C-1 Districts, including, but not limited to: pawn shops, pawn brokers as regulated by Chapter 31 of the Fridley Ci� Code, and second hand goods dealers as defined in Minnesota State Statute 471.925. 205.14 C-2 GENERAL BUSINESS D:ISTRICT REGULATIONS l. USES PERMITTED 3.15 PLANNING CONIl�IISSION MEETING, SEPTEN�ER 3, 1997 PAGE 16 A. Principal Uses. The following are principal uses in C-2 Districts: (18) Pawn shops, awn brokers as re ulated by Cha ter 31 of the Fridley City Code, and second hand oods dealers as defined in Minnesota State Statute 471.925. 205.15 C-3 GENERAL SHOPPING CENTER DISTRICT REGULATIONS 1. USES PERMITTED A. Principal Uses. The following are principal uses in C-3 Districts: (3) Pawn shops, pawn brokers as re ulated by Cha ter 31 of the Fridley City Code, and second hand dealers as defined in.Minnesota State Statute 471.925. 205.15 CR-1 GENERI�L OFFICE DISTRICT REGULATIONS 2. USES EXCLUDED Any use allowed or excluded in any other district unless specifically allowed under Uses Permitted of this district are excluded in CR-1 Districts,_ including, but not limited to: awn shops, pawn brokers as re ulated by Cha ter 31 of the Fridley Cit Code, and second hand dealers as defined in Minnesota State Statute 471.925. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Saba asked if there are any other businesses that should be included in this type of activity. Mr. Hickok stated the City did have a request to expand the CR-1 for a jewelry store which was more of the insurance side of the jewelry business with some sales. Staff is monitoring that carefully. As they looked at this type of thing, they looked at the uses in the CR-1 and believe they are appropriate. With this exception, the code was not descriptive enough about these. That is why staff brought this forward. 4. FRIDLEY EXECUTIVE CENTER UPDATE Ms. Dacy stated in December, 1995, the HRA executed a contract for exclusive negotiations with MEPC-American Properties which 3.16 PLANNING CON�lISSION MEETING, SEPTEN�ER 3, 1997 PAGE 17 required MEPC to market the property on behalf of the HRA. During the same timeframe, the City agreed to complete the intersection analysis and design and some of the environmental approvals that were required to serve the site. The current status is that MEPC has completed the master plan process. The current plan was approved for up to a maximum of 580,000 square feet of office plus a little less than 100,000 square feet of service/commercial uses. Ms. Dacy stated, in the last 18 months, the City has completed the Highway 65 intersection design. The final plans and specifications are now underway. Construction is proposed to start next spring. The City completed the environmental assessment worksheet and obtained an indirect source permit from the MPCA. Ms. Dacy stated MEPC also completed a number of marketing activities. They completed the focus group analysis. They changed the name of the site from Lake Pointe to the Fridley Executive Center.because there were some conflicting development names in the metro area. They have a new logo that is out on the signs. They conducted a site event for brokers during the summer of 1996. They have been conducting a number of ineetings with major prospects. In the agenda packet, correspondence from MEPC lists those companies to which they have sent proposals. Nine of the proposals that were sent to users for the office part of the campus and 14 proposals for restaurants, hotels, banks, etc. , Ms. Dacy asked, "What did we learn from the market during the last 18 months?" Sometimes it was a mixed message, but they did iearn a lot. The Class A market for office space is getting better in the metro area; however, it does not seem to be improving fast enough in the north metro area. Some of the things they heard from the market is, even though Fridley has.Medtronic, Onan and a number of very good companies, Fridley has to comgete with places like Wayzata and Edina which may have more CEO appeal. The southwest and western communities in the metro area have the advantage of a number of corporate office developments in one location so there is a synergy,there. 0ur site is an isolated site, and we compete with other communities and their development patterns. Mr. Kondrick asked if the costs per square foot are similar. Are the costs less? Are land costs less? Wouldn't that make the property more attractive? Ms. Dacy stated construction costs are the same throughout the metro area. Even to write down the cost of the land to $1.00, a key part of the proposal is to do structured parking and the City is agreeing to provide an increment to the developer to construct that parking. In Edina which has the Centennial Office building, 3.17 PLANNING COL�IISSION MEETING SEPTII��ER 3 1997 PAGE 18 a very similar circumstance exists. They have a parking structure in place and TIF areas in place. Even though we are in different markets, we are all offering nearly the same type of package. At one point we thought we could offer a tax advantage. The property taxes in Anoka County are typically below that in other counties. However, a referendum in that school district altered the tax picture. Over the last six or so years the tax rate in that area has increased. The edges that we thought we had no longer exist. Another issue is that the nature of companies is changing. The era of the campus development such as Honeywell and Medtronic may be gone. Companies are focusing on the bottom line and trying to conserve as much cost as possible. Ms. Dacy stated it is possible that we could get the original vision of 580,000 square feet but there would be no guarantee as to when that would occur. The TIF district expires in 2011. Each year that goes by with the site undeveloped reduces our ability to provide financial incentives. Ms. Dacy stated they have also been getting the "chicken and egg" feedback. The coru-nercial people hesitate to locate a building ther� until there is an office building there. The office building people are hesitant to locate there because the services are not there. That brought us to tech-flex which is a jargon term for a one-story, high quality building for high tech companies that need flexible space for production and office areas. Ms. Dacy presented a videotape showing two such buildings - one in Golden Valley and one in Eden Prairie. The Eden Prairie building site is interesting because it is down the block from a multi-story building and exemplified that a mixed use could occur in the marketplace. This approach is the approach that the HRA and the City Council want to pursue on the property. Ms. Dacy stated the video also showed a two-story building in St. Paul. They have input from companies that want to build an operation center on the property. A two-story building would probably require a larger footprint than a multi-story building. Ms. Dacy stated the City Council and the HRA would like to pursue construction of a 100,000 square foot, one-story tech-flex type of building on the west part of the site and reserve the east part of the office park for a multi-story development of approximately 250,000 square feet. The HRA has agreed to temporarily extend the contract to allow MEPC to go to their board to get approval on the one-story building. The City Council and the HRA are concerned about the length of time the site has remained vacant. Since 1987 when the theater was removed and the utilities and streets installed, the City has been actively trying to market the site for its original .vision. The City Council and HRA felt that the tech-flex concept does not detract from the image and could 3.18 PLANNING COMMISSION MEETING, SEPTEIIBER 3, 1997 PAGE 19 attract a high quality company that could stimulate interest and attract other development. Ms. Dacy stated this is a mixed use approach - one story plus the multi-story. However, it initiates a pro-active approach on this site which can be accomplished within the TIF timeframe. She would be happy to forward any comments to the City Council and HRA. In the next two to three months, they will be researching a 100,000 square foot proposal in more detail. Mr. Sielaff asked if they need a commitment from a company before constructing a building. Ms. Dacy stated, based on MEPC's experience in Golden Valley and Eden Prairie, they are so confident there will be a tenant in a one-story tech-flex that they are going to their board for a speculative proposal. The City has received a number of calls over the last one or two years from those types of companies that we have not sought actively because the vision was always 500,000 square feet of office. Mr. Sielaff asked if there were any restrictions on the amount of space a company could lease in that type of building. Ms. Dacy stated no. It may be the case that one company may need the entire building depending on the nature of the business. MEPC did make a proposal to Lawson Software. This mixed used proposal is very close to what they were evaluating - a one-story production space with corporate offices next door. There could be a user who needs 100,000 square feet but because of the campus may want to reserve more space for corporate offices for more development. Mr. Sielaff asked it would reduce the risks involved with losing a tenant if you have more tenants. Ms. Dacy stated this was true. There are usually one, two or three tenants in these types of buildings. The companies are generally of good size and have 100 to 200 employees. There could be a smaller tenant there but that does not seem to be the case. Mr. Saba stated he works in a similar type of building. If you drive along I-494 along Bass Lake Road and Wedgewood, the intersections are gorgeous with flowers all summer and well maintained landscaping. Corporations want to bring customers in to show them their product. They don't want the customer to feel as though they are driving through a"bad part of town". One gets a good feeling when driving to these facilities. When driving along Highway 65 from I-694 to Mississippi and looking at the growth in the median, it is not a pretty site. If you want 3.19 PLANNING CONIl��ISSION MEETING SEPTEMBER 3 1997 PAGE 20 something to attract customers to a corporate center and to impress customers with your product and your location, you need to do something about Highway 65 and also University Avenue to maintain what we have. We cannot rely on the state. This may have to be done by the City. The median and the roadside along Highway 65 need an overhaul. It makes all the difference in the world. Corporate centers in Golden Valley have well maintained roads and medians. It is very different in Fridley. If we expect to develop a corporate client that will exit from I-694 and drive up Highway 65, that is not a pretty site. Ms. Savage stated this is a point is well taken. Also, flowers add to the appearance of the city. While on vacation in British Columbia, she was impressed with Vancouver which is a beautiful city with flower gardens that were well tended. The landscaping adds much to the appearance. She thought this is something the City needs to work on. Ms. Modig asked who is responsible for the median. Ms. Dacy stated the state is responsible for the median on Highway 65. Staff did write the state about the condition of the guard rail from West Moore Lake Drive to East Moore Lake Drive, and they did agree that it was unsightly. They are looking at having some of the guard rails replaced as part of the intersection improvement projeet to start next spring. Mr. Kondrick stated, when you travel west on I-b94 from Highway 65 to University, the road is high and the land is low. Nothing is worse than looking at the roof of some building with the air conditioning systems, etc., as you drive by. At ground level a building may look good, but it looks bad when you are on the roadway. He would imagine there are ways to design around it so we do not have to look at that especially with a one-story building. He would recommend screening to hide the roof from any passerby. - Mr. Kondrick stated the video of the�tech-flex building in Golden Valley showed in the background a condominium. He knows they mentioned the office parking, What about the idea of condominiums in that area? Do developers find that area too expensive, poorly located, too noisy, etc., for a possible condominium development on a portion of the property? Would that be impossible to have on a portion of the site? Ms. Dacy stated the developer has not approached the City for a residential use. On the other hand, the master plan has always leaned toward the corporate office park. A highrise condominium could be developed on the site. She thought the primary issue was an economic one. An owner/occupied development would not produce 3.20 PLANNING CONIl�IISSION MEETING, SEPTII�IDER 3, 1997 PAGE 21 the amount of taxes that office space would. The planning for this site is that intensifying the site is the best use for the property; and when the TIF district expires, there will be the maximum amount of return to the community as a whole. Mr. Sielaff asked if the buildings were being marketed as regional headquarters or as corporate headquarters. Ms. Dacy stated the marketing is generally as office space. She did not know if there has been a distinction made between corporate headquarters and regional headquarters. It is marketed as a full service campus where companies can locate for office, production and/or research and development. The interested parties have proposed a gamut of different types of uses from an operation type of center to corporate headquarters with research and development facilities. Ms. Modig stated her concerns about a one-story is that it puts them in the same mode of operation that we have on University Avenue near 79th where the.majority of which are empty. Ms. Dacy stated, in terms of the one-story, this is a different market than that development would have. It is a different market, a different interior and a different exterior. We would exert more control in this development because of the master plan. Those developments are more the office/warehouse and industrial types of buildings. This is specified for the high tech use. Mr. Sielaff stated, for 250,000 square feet, how many stories would that be. Ms. Dacy stated 250,000 square feet could be accommodated in two 125,000 square foot buildings with a range of four to six stories depending on the proposal by the company. Mr. Sielaff asked if this would be away from the residential areas. Ms. Dacy stated yes. The parking lots are to the north between the buildings and the residential area. Mr. Kondrick asked if they dare spend more maney to make it marketable, such as adding ponds, fountains, brick, etc. lnThat if we spent $1 million to make the site more beautiful than it is now? Can we spend some money to get back more? Ms. Dacy stated realistically the City has done much to make the site attractive. The roads and utilities are in. Some people think it is a park. What detracts from the site is the function of the intersection. It took 18 months to get approvals on the 3.21 PLANNING CONIl�IISSION MEETING SEPTEI�ER 3 1997 PAGE 22 design of the intersection and construction is hoped to get going next spring. A company will look at the cost of the land, what they can do on the site and how that will affect the bottom line. With the TIF district in place, the incentive is there. It is true that Edina has some other advantages that helped. This site tends to be isolated but it has excellent visibility. Once there is activity on the site, there will be more attraction to the site and more interest. She thought they have to get the first building up. 5. RECEIVE THE MINUTES OF THE APPEALS COMMISSION MEETING OF AUGUST 13, 1997 MOTION by Mr. Kondrick, seconded by Ms. Modig, to receive the minutes of the �ppeals Commission meeting of August 13, 1997. UPON A VOICE VOTE, ALL VOTING AYE, CAAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMpUSLY. 6. RECEIVE THE�MINUTES OF THE ENVIRONMENTAL QUALITY & ENERGY COMMISSION MEETING OF AUGUST 19, 1997 Mr. Sielaff stated the minutes of the August 19th meeting had not yet been approved by the Environmental Quality & Energy Commission (EQE) and asked that these minutes be received by the Planning Commission after EQE approval. OTHER BUSINESS: Mr. Hickok provided an update on the progress being made at the Menards property. Mr. Hickok stated the Planning Commission meeting of September 17 which will be a Comprehensive Plan meeting as well. ADJOURNMENT MOTION by Mr. Kondrick, second�d by Mr. Sielaff, to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECI�ARED THE MOTION CARRIED AND THE SEPTEN�ER 3, 1997, PLANNING CONIl�lISSION MEETING ADJOURNED AT 9:10 P.M. Respectfully submitted, Lavonn Cooper Recording Secretary 3.22 S I G N- IN S H E E T . PLANNING COMMISSION.MEETING, � � Name Address/Business �N � ( �s' r� � ! `�� d � �V l � _ 7�- o �°a S�� . �i "�� aii �,z�-�,�- � � � , , 1 Cr r'2 - - f--v � ` d� c� !�� cv _ � . 3.23 rpL�>� CITY OF FRIDLEY PROJcCT SUMMARY DESCRIPTION OF REQUEST: The petitioners, Craig and Delores Hartos, request that a special use permit be granted to allow the continued existence of a 22' x 22' detached garage. The petitioners are proposing to relocate this garage on their property and convert it to use as a storage shed. The petitioners are proposing to construct a new 24' x 38' garaee. SUMMARY OF ISSUES: The petitioners require a larger garage in order to accommodate two trucks and a van. The area of the proposed garage (24' x 38') does not exceed the area of the first floor of the dwelling. The existing garage (22' x 22') wiil be reiocated on the site and used for storage of fire wood, maintenance equipment, and as a dog kennel. A five foot utility easement is located along the rear lot line. The structure cannot be in the easement. Another accessory building, approximately 10' x 28', is also located on the property and will need to be removed. As long as this building is removed, the existing garage and proposed garage will not exceed the 1,400 square foot maximum for accessory structures. The maximum lot coverage of 25% is not exceeded (21.9% total). Neither garage may be used for a home occupation, and both garages must be architecturally compatible with the dwelling. A hard surface driveway is located on the property at this time. Construction has occurred on the property with no record of permits in the file. Proper permits must be obtained for moving and construction activities. PLANNING COMMISSION ACTION The Planning Commission voted unanimously to recommend approval of this request to #he City Council with the following stipulations: 1. The structures shall be architecturally compatible with the existing dwelling. 2. Neither accessory structure may be used for a home occupation. 3. The 10' x 28' accessory structure shall be removed within three months of completion of the garages; a demolition permit shall be obtained. ,4. Proper moving and buiiding pe�mits shall be obtained prior to construction starting. I, 5. The second garage (22' x 22') shall not be located in the utility easement. CITY COUNCIL RECOMMENDATION: 4.01 Staff recommends that the City Council concur with the Planning Commission action. Project Summary SP #97-06, by Craig & Delores Hartos Page 2 Petition For: Location of Property: Legal Description of Property: Size: Topography: �XIS'�iii9 Vegetation: Existing Zoning/Platting: Availability of Municipal Utilities: Vehicular Access: Pedestrian Access: Engineering Issues: Comprehensive Planning Issues: Public Hearing Comments: PROJECT DETAILS A special use permit to allow the continued use of a 22' x 22' detached garage. 6200 Starlite Boulevard N.E. Lot 16, Block 4, Sylvan Hills Plat 3 11,250 square feei Mostly flat, slightly sloping to the rear Typicai sod, trees, shrubs R-1, Single Family; Sylvan Hills Plat 3, 1955 Connected Starlite Boulevard N/A N/A � The zoning and Comprehensive Plan are cu�rently consistent in this area. To be taken. 4.02 Project Summary SP #97-06, by Craig & Delores Hartos Page 3 WEST: SOUTH EAST: NORTH: ADJACENT SITES: Zoning: RR, Railroad Zoning: R-1, Single Family Zoning: R-1, Single Family Zoning: R-1, Single Family Site Planning Issues: REQUEST Land Use: BN Main RR Line Land Use: Residential Land Use: Residential Land Use: Residential The petitioners, Craig and Delores Hartos, request that a special use permit be granted to allow the continued existence of a 22' x 22' detached garage. The petitioners are proposing to relocate this garage on their property and convert it to use as a storage shed. The petitioners are also proposing to construct a new 24' x 38' garage in the location where the 22' x 22' garage had existed. . •� , •� The subject property is located mid-block on Starlite Boulevard between 61� Avenue and Trinity Drive and is zoned R-1, Single Family Dwelling. A five foot utility easement is located along the rear lot line. Located on the property is a 24' x 40' rambler-style dwelling and a 22' x 22' detached garage, both of which were constructed in 1977. A second detached building (10' x 28') is located behind the detached garage and should be removed if this special use permit is granted. No permit was issued for this structure or an addition to the rear of the dwelling. The parcel #o the north contains a dwelling and a detached ga�age in the rear yard. This garage will be adjacent to the proposed garage. The finro driveways are joined with a four foot high chain link fence located in the driveways separating the properties. ANALYSIS Section 205.07.01.C.(1) requires a special use permit for second accessory structures ove� 240 square feet. The petitioners are proposing to constn.ict a new 24' x 38' detached garage. This garage is proposed to be used for the storage of vehicles. A hardsurface driveway now 4.03 Project Summary SP #97-06, by Craig & Delores Hartos Page 4 exists on the site and would provide access to the new garage. The petitioners are requesting a special use permit to allow continued use of the exis#ing 22' x 22' detached garage. This garage will be relocated to the rear of the property behind the new garage. It will be tumed 90 degrees in order to allow the existing door to face south. This garage is proposed to be used for the storage of maintenance equipment, firewood, and as a dog kennel. No hardsurface driveway is required as no vehicles will be stored in this structure. The structure cannot be located in the utility easement located along the rear lot line. The new garage will not exceed the first floor area of the dwelling. The combined coverage of all structures (21.9%) does not exceed the maximum 25% allowed by code. Typical stipulations for requests of this nature include arcf itectural compatibility with the dwelling and no home occupations in the stn.icture(s). The proposed structures do not adversely impact adjacent uses or dwellings. It does not appear that permits were obtained for previous construction. Both moving and building permits are required for this proposal. PLANNING COMMISSION ACTION•� The Planning Commission voted unanimously to recommend approval of this request to the City Council with the following stipulations: 1. The structures shall be architecturally compatible with the existing dwelling. 2. Neither accessory stnacture may be used for a home occupation. 3. The 10' x 28' accessory structure shall be removed within three months of completion of the garages; a demolition permit shall be obtained. 4. Proper moving and building permits shali be obtained prior to construction starting. 5. The second garage (22' x 22') shall not be located in the utility easement. CITY COUNCIL RECOMMENDATION• Staff recommends that the City Council concur with the Planning Commission action. 4.04 Delores Hartos 6200 Starlite Blvd. SPECIAL USE PERMTT APPLICATION SUBMISSION CHECKLIST Request for permit to move existing building: Elevation of building: flat with slight slaot to West Description of materials: hardboard siding, asphalt shingles, ? foot door with 4-12 pitch, cement floor. Narrative and use of proposed building: existing garage is 22' x 22' and is not big enough to fit two fult sized truck and van and dces nat allow any room for work space. We are proposing to buiid a iarger garage and have existing garage moved 30 feet West of new bnitding to use for storage of firewood, lawn and snow equipment and supplies and sheiter for our dogs when they are alone. We are asking for permission to move the existing garage to be used for storage only. The contractors of the new building witl be contacting you for a permit for the larger garage separately. � � . � i`"1 ��v,,�.�' [��-�.��c�-� .�,i�u-a' �.z:��fi G� �" .1 ,��--: �� / _ �..�� r G/ � � - GF ' /`��-P� .,C-•rz-�.d•.� —�-fl , /'�'�'/.� �� .� Z�'./.�t_.-�- �� , � � � J � .f �ii �`�7 . �l��f -� �v � � .�_��'!% // � �� ,t%/�} �u�-Lf/�i (i..c�t.c��_-�p�—Q�—�`�Z� fL LJ��.v �� // . j/�� t� � . . . 4.05 O 7 O �t �'_'' �-- � �■ ��,��-��. 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The city o� Fric�ey n� taken e�ry effort to pro- vide the most u�rto-date irdorrr�tion a+railable. The data pne.serrted F�ere is subjed to d�ange. 7he City of Fridley will not be respor�sible for � enors or usage af this doarr�ent, , _ _ _ --- — ----- --- --- - - .____._. � � _ .. _.. __ _ . . . . . �� i � _ . �J 1 . '. ' O � .- i C • C.. V , � � ;,7- � ., t} �-� � �. �o � � � -^ ' "7 � � _ -• `�- F-� ) ' .. Q v _ < _ 1 J� _� �. . �- �- �� , i i `_" - • .- 1 l�. v C: • . C' J . _ �c' _ t r � �� i \ �, ; •_. ��'_ �� _ - �; .� �r 3 3 -` �' �� ' � : �� : ; � � .� �' '� .� ' N � � Y' � @` -� a_ � �, . � �, . � �� p � `. . � �= � � .� ; � �. ', � : , :__ - _. � �� "� _..1 r . :, � . .< _ . ?' :f. _. t..__ : : .. _ . _ f ./ ' f v � y ' . _ \' \ . �' \ _� - : - f '� ��. 5 S UT'� +--rT`( �?k�EN�l�f . , `� � i xi �� •: . .:. y�fDlis� . (,pGAno�I --—��, �_, -- ; �.` SP ��97-06 . 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'=}.r� .= Z O .PO D � l� .� '.l i�LJ, n:� z • O •< .� � 'Y `,� o li p � x" O �� • �Ur . r��- i. ; I �_, ?� 7. a n . � a` c � i ; �� - !. ,, � (' S vt�� ' � C' ;:• '" f�:1 I }�.! � � y .v . �� Proposed Conditions ` �' 1 '' � � �` y ` �' ;f ' C� i C'�`:� �� , i � �; J i (; -_ 7 . ��- � + j � � ! , 4.08 ------ __. , _ _ -- � . ��/� %�� .��,�`-t � �`� � �-� �F'0i°t : F I F,"=;T LANL?h1HR1< P�ll I LDEF'S F'HOh�lE FJO. . � i ic.� < < � � _ . �j�� oG �C��",.�-s'.�, �� t�! ,�� r:,; . . _ _ ��-��+�`" � � . i��- . , - . .�.` aG.( ��.: "�, . � . 6'a��,��74t=t A�_�y. t=�1 19�+? t=t'�+: �<3`=if•1 F� FIR� C` WORK OROER LANAiV1ARK. B�LJ�..DERS, ZNC_ e�..ro. 699-�135 �:Ar��_, _. NOME PHONE: BUS. PHON�: � P�.mit by J06 A�ORESS � Legal Description_ lot 9LOG CO�E AREA ilk ^ >dd'n SALESMAN CONTRACT pATE SIZE r 1/alua TYpe C�nS?. FOR OFFIGE (1SE pt�tLY �LAB' � ' - `Ev .r:: �s ..:i, . L BY QYOner Fippn�ii. _._._.._.._..,, -- -.........�.....r_�— ____ -._ ----+�- --------•— -- ^--- �.7... _ ._.....�..__.. � • . . . . .. . � , t � 1r _ . , . __ . ; . . . . . .. , . . . . _ .,..._, 2-SiARTtNG PpINTS 4(�1LY � . . � i . ' ; = � . . S ' . . i S.P. L : . ._ ; . ! . . . _ . , � _ . _ . , ' _; .. _. . . S.S.?.:.. - . . �.. . . . , . � . r ; : . � . i . . . � t . . t . . . ; � R.F ' . , . . . . . .L. _ _ _ .. .. . , AIleY i . � . . . . , . . i , � . . ; . . . . : _ _ . . . . - . . i �"IGUSB � � � . .. ..' ---' - - � � F. Str2et _ , t ... ...... _.., _ .. ,..-- �-� } •-- ----- - Q=i.� . . � ; . . . : f . . ._ ' _._� . . . . . _ � : _ - _ �. , 4 '`'��- ' � ; , , _ _ .. , t ,- . : . _ , . . , . . : t { . . ❑ Square 4�,�.,. �, � - . ' . . . . : ... . . _ � . t • + l. , '. v�.�� . . � # + , _� ._�____. . ., � . . , �Sod Rem. 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Top of BlockS , `� :.,..�. � - .� - - -� . � _ .;. k , ' '�� , _.�._. �.....w,.._....:._ . . �Block Size iTop course) . . . � . ; . : , �i -_--�T._ � � T ' c - r� $" � • , - ,• - .- i ,. _ _ .. _ � — � - _ � 6 ____ C7 4 -------- ' z � ' . . - . • - , ,`, . --- -- : iAlaN . . , � L �T�.: � .�. j Height other than 8' • - f • • • • , f ' -.• - F ..,� . ' � � . . �7 Frame with fuif waN height � ' - ' � . � , , . .. . . _ , _. , .i . : , i , , R� ..± . • , sold pR _... . _.... . .- -- . ., .__-._. . -- - — - % - .�-�• � . : . 5 . . ' �"�' . "a.'_.t - - • �• � ' • �'..,.__; u- ' I . . , , , Cut studs as required fat : • � � - -�---r- - --- -• - . , _ . _. .... . . . . • .. - . : OHO ciearance . t. , ,...... .1 . , . ..._ � -: • ._,.. _� - ; r � - --�-�--. . . �. .i.. ; C�O.H. Dr Offset • .�.,.� _�? � , i� a , - i C7 S.D. l.ocation _ : j . • � . . . . -- - - _ � -� --; ;—� i ,_,� , . . '1_ � ~� . 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Existinqyaraq@ wit1 Je: ; . . . s . . : . : . ;.., :.....+_ .;_.... . - i � .. . . � :�; Left as is ; � . . t . , f ._- - - '1 C'onvertcd tc �.5. - By oti+�nar � � - ? . . . : ; . + .- _ . . . .. . - . � . .. j. . _ � Reincived 5 � r- • - Y- �7wner J 1 ' . . . . . _ � � . , ..�r: �anor-�,: ; ❑ - - . . . - • - - - � � � . . : . : • �. : ' � - � . ... . , ._- -� --..____....._..__..i�_._-.-----�-t --�------ ---- '-- -- --__ � _..._._t__ + : i ; unk. h9ast Be Re.r�ovecl Bv pwne� I . . . _ . , . . � : ; � : � ' � :1Specify rzmovats by !_::��d��:,-<<. p,vner - trees, i�u,hes, e;c. ,�: JhOtv 3t�PrGX. GGtSt. Qd��dQe IG �]JU�? O�ICj �!I F�{�JFJ. 11(1.ei � take; visibiz - ,� �'e; C; r�� 'uivvy availabia - ,'� Ye5 I`l Np iSpacial iiis*r��:�on� ?rom . . . . , . ; , j ; . _.. . . . . � . . . . � . . � ' I . .. . _ . � . . • � � _ . # . . . i ' " . � . . . . . . . . . � . . �q �,4ss�sg_._� _��__.. __�...�g__.__. ... ___----�------------ --�-i----- . . . . . -- i. II Eair. . . � . : , � . 7 - . � - ' , - . • FF'Of'1 : � IF"=;T Li=itJLif 1HF'1: EI_IILL.�EF°= F'HOhlE F1Ci. . ��,4�=� i-i�_��. �=�1 1��; t=r�: _,cHP'1 F'4 �'IRST LANDMA�ZK BUrL,D�RS, �NC. 699-3135 NAM Perrt�ii by �egai DesCript�o LvI- 6tk r;dd"n� Value� Tva? Const� SLA3: U $Y Firc; �bnom�: r. ❑ BY Owr:er APPro;<. — C ln 2•STa�YiAlG PO�r��S arv�y S.?. L. S.S.^.L. — R.F.L. ��IF.�ti . . � HUuSe ^ — ' F. Street --..— I Oih�:r OSquare W;rt� _ '� SoeJ Rem. - By �A.S_iJ. {� �4 Grade Poinf C7 Blocks: C76y Owner UBy P LM , ❑ Wtr.pcoof: L78y Own, OBy F�M a ae�kf��: ogv oW�. aev ��nn ❑ Maint¢in S' Tat81 Wali Meight ir�cluding Biocks OR ❑ Maintain $' Wali Height on Top of 8locks 61ock Si2e (7op course) -i 8" C �� 4_� --_-_ Wal{ Height oiher than 8 ___ = Frame with' full wall height so�a oR � Cut studs as required €or tiMC) clearanCe � �J.F-f. Dr dffcet �' S.b. Locar.ian � Vv�i�dpv,5 � Rtt Gar R�of Tie-in Ura,,vn o� attBChed p<<;Iures Existing garage: �do C ,� D�stached �� Atta��ted Yes G $ize of existi�g'., x _ Existin�yaraQe vvill be' _: Lef; 'as . � �Onvg�fe� tu L.$. - o-•/ �_�:":rler _.� Removed By: Owner L� F:is: Lendmert: ❑ waAK o�a�R JOB AODRESS e�aG cooE �►�E HOMEPHONE: BUS. PH�NE: SALESMAN CONTRACY aATE_ SIZE ----- FOR OFFICE USE ONIV ...� .,_ .....•--�-----...�-°-i-� -- ._..�---•-- - --__— �.�� --- '- .__�__,._.,.,T- t , , • , . . . � . _ ,. _ . _ ,... , . . . . . � _ . . . _ ^. . . . � . . i , _ , . . _ .. , . . . . . ,. . � , � . i _. . . _ . . . , � . j �I � . ; . . - - - : - . ;. � , ; , . ; . - - � - . � , � . . Ilr �. . . . . . . . . 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" Alley #ic+�ise - - -- F_ Sueet OLhef - -- � S9uare 1Alith _ �OSoa Rz�n. - ay �A.s.u. �� Grade Point � Blacks: CIBy Owner�By�Fi.M • 'C7Wt�.proof: [�By Own_ O$y FLM [7Ba�kf��: [7sy ow�. CJev F�,M +fl Maint2in 8' Total Walt Height Inctuding Blocks OR � Maintaiti $' W�II Height on Top of 6lpcks Slvck Size iTop coursei . �a� �� oa� �.. �W2►1 Fieight �ther than 8 �� :7 Frame with fuN watt height sold 0R fl Cut studs as required for OHD clearance v O.H_ t]r Offset � S.D. Cocation L W�ndotvs ❑ Ait Gar Roof Tie-in drawn on attached �ictvres Exi�ting garage: No ❑ C �et�Ched '� i ,ttaChYr� Yes ❑ Si;� pf existing____x Er.isting yaraqc ,,vi11 be: "Left as +s G Conv2rted to L-S. • By o�timer :.7 Remc,ved 8v: O�vner � ��t ��n�,�.:.0 1 Junk Must Be Removed By O�uner ;�-: �aec�fv removais by _�-�dT�a�'-- r)Y•inri �rf!e5, DUSheS. ;?LC. � �JSh�':� ap(�rvx. di;I.:33r�qY [C> �ous? and al1 prpp_ ii�e� Stakes visih'e - rJ Yes ❑ t�o S�,rvBV .iVai:3rJl(, - (^i Y?5 � �Vp WORK ORUER J08 ADOR�SS HOME PHONE: eus. ��+oNE: �LOG COUE ARE^ - - � SALESMAN CONTRACT OATE SlZE FOR OFFiCE USE ONLY �_.. __. ------._........_._.__-- ._._,_�___------�-... .._.--------• , .. _ _ . . ; � _ . r _ . . . . . -- - _. . _ . . . . _ . .. . . . s.. . - . � . . . __ � . .. . . . � . .. .. � . . . . . . . . . __ .--. .---_.. ,y... . j t . _ _.-.._ :.�,.... _. j.._.... . . . i . , . , , �+ � , : . � i� . ...: � . . . :. �. .� r� ' . . . _ C.. . . . .. . � � � . .. y ��. . . . 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' . . . . } . . . . _ wn�rnn ' ' - - - --��y...�.,__,......_-�-- i -_ — -- . ��__. _ � _ _ _____..._... _ t � - ' ❑ �ood : . :. � : . . j . _ � - . . . .� ^ : i . . . . . . Y . � . . . � CITY OF FRIDLEY PLANNING CONaIISSION MEETING, SEPTFI��ER 3, 1 CALL TO ORDER: Chairperson Savage called the September 3, Commission meeting to order at 7:30 p.m. � ROLL CALL: Members Present: Members Absent: 97, Planning Diane Savage, ave Kondrick, Dean Saba, Brad Sielaff, Co nie Modig LeRoy Oylfiist, Larry Kuechle �thers Present: Bar ra Dacy, Comr��ur�ity D2uel�pm2nt Director S tt Hickok, Planning Coordinator aynard.Nielson, 7144 Riverview Terrace Delores Hartos, 6200 Starlite Boulevard Barb Thorstad, 6211 Starlite Boulevard Syivia Lindqren, aiul Starlite Bouievard � Craig Hartos, 6200 Starlite Boulevard Counciimember Bob Barnett APPROVAL �F AUGUST 20 1997, PLANNING COMMISSION MINUTES: MOTIO y Mr. Kondrick, seconded by Mr. Saba, to approve the Augu 20, 1997, Planning Commission minutes as written. U N A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE OTION CARRIED UNANIMOUSLY. l. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT, SP #97-06, BY DELORES AND CRAIG HARTOS: Per Section 205.07.01.C.(1) of the Fridley City Code, to allow construction of a second garage on Lot 16, Block 4, S�zlvan Hills Plat 3, Generally located at 6200 Starlite Boulevard N.E. MOTION by Mr. Kondrick, seconde�d 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 SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:32 P.M. Mr. Hickok stated the property is located on Starlite Boulevard and is zoned R-1, Single Family, as are all the surrounding properties. To the west of the property is the railroad line. Located on the property is a single family home. Behind the home is a 22 foot x.22 foot detached garage. There is also a 10 foot x 28 foot accessory structure on the northwest corner of the 4.12 ,. PLANNING COMMISSION MEETING, SEPTEMgER 3, 1997 PAGE 2 Property that encroaches S feet into the utility easement_ Mr_ Hickok stated the request is to allow for the 22 foot x 22 foot garage to be moved back to where the 10 foot x 28 foot structure once stood and to locate the garage S feet from the property rear line and outside of the utility easement. Then a new garage measuring 24 feet x 38 feet would be constructed. The proposed new garage has a narrow front and is deeper than the typical garage. On the west elevation of the proposed garage will be a single garage door �o allow access between the two structur�s. Mr. Hickok stated, as discussed, the petitioner is proposing to keep the current 22 foot x 22 foot existing garage'but to move it back on the site_ In order to do this, the 10 foot x 28 foot structure wi1_1 be �emoveu. ThA total square footage for �� accessory buildings be,n� considered is 1,396 square feet. ^he maximum allowed is 1,400 square feet. The purpose oi keeping �;�e 22•ioot x 22 foot struc�ure is lawn and snow equipment, and totprovidedsnei�erQeor��neldogs��hzn they are left alone. Mr. Hickok stated staff recommends that the Planning Commission recommend apprpval of the special use permit to the City Council with the following stipulations: 1• The structures shall be architecturally compatible with the existing dwelling. 2. Nei.ther accessory structure be used for a home occupation. 3• The 10 foot x 28 foot structure shall be removed within three months of completion of the garages; a demolition permit shall be obtained. 4- Proper moving and building permits shall be obtained prior�to construction starting. . S• The second garage. (22 foot'x 22 foot) shall not be located in the utility easement. Mr. Kondrick asked if there were any speciaT setbacks other than that the existing garage not be located in the utility easement. There is no other dispensation granted by the Appeals Commission to allow the buildings to sit where they are_ The setbacks are met. Mr. Hickok stated this was correct_ Mr. Kondrick asked if staff had received any comments from the 4.13 PLANNING COMMISSION MEETING, SEPTF,MBER 3, 1997 PAGE 3 neighbors. Mr. Hickok stated staff had received no comments. Mr. Sielaff asked how big the site was. Mr. Hickok stated the site is 11,250 square feet. Mr. Sielaff asked what was the percentage of lot coverage when taking into account the house and accessory structures. Mr. Hickok stated the total coverage will be 21.9%. 25o is the maximum allowed coverage. Ms. Savage asked the petitioner had any problems with the stipulations. Ms. Hartos stated she did not, except the demolition permit for the shed. Mr. Hickok stated, however the petitioners chooses, the shed would be a third buiidinq and must be removed. In order to do that, if the building were going to be demolished, they would need a demolition permit. Tf the building is to be moved, they would need a moving permit. Ms. Hartos stated they had planned to tear down that building before construction. Ms. Hartos stated the garaqe to be moved is about 10 years old and in good shape. The shed is more make-shift. This will look much nicer. It was her idea. Sh� could not see a good garage going to waste. She started the plan to tear down the shed, move the existing garage and build a new garage. The existing garage will make good use for storage space. Mr. Kondrick asked if the petitioners had any problems with the buildings being architecturally compatible. Mr. Hartos stated everything would be the same. The garages would be sided the same as the house, and they will be the same color. Ms. Savage asked if the petitioners had heard any complaints from the neighbors. Ms. Hartos stated the two neighbors are at the meeting. One neighbor stated she had no complaints_ She just wanted to be sure that the garage would not be used for a home business. That concern was cleared during the staff report. - 4.74 � PLANNING COMMISSION MEETING, SEPTEMBER 3, 1997 PAGE 4 Ms. Hartos stated another neighbor had planned to attend to support the request_ MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:40 P.M. Mr_ Kondrick sta�ed he drove by the site and sati•� ;aha� �hey are going to do_ :?e �as no problem with the reques� as '��g as the petitioners are comfortable w�th the stipulations. Ms. Modig stated she had nc p�oblems with tha rA,n��,iAg�. She thought the pro�osal would i�e an improvement fo�- �na` �_o��-�v. MOTION by Mr. Kondri�k, seconded by Mr. Saba, to reco�^�nend approval or Special Use Permit, SP #97-06, by D�lores a:-�d r�aig Hartos, tp al1nW rQn�t�iirty�n p� � S°CCi,u y^dr'3Cjc vii i�vi. iv� D�OC}C 4, Sylvan Hills Piat 3, generally located at 6200 Starlite ��u� �'ti'u'rG� :`. • i. � Wi��'`i �iic ii�iiOiWlI1C3 stipulations: l. � The structures shall be architecturally compatible with the existing dwelling. Neither accessory structure be used for a home occupation. 3. The 10 foot x 28 foot structure shall be removed within three months of completion of the garages; a demolition permit shall be obtained. � S. Proper moving and building permits shall be obtained prior to construction starting. - Th� second garage (22 foot x 22 foot) shall not be located in' the utility easement. _ UPON A VOICE VOTE, ALL VOTING AYE, CE3AIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. � Mr. Hickok stated the City Council would consider this request at their meeting of September 22. . 2- PUBLIC HEARING: CONSIDERATION OF A i'H�: C1'1'Y OE' FRIDLEY: To rezone property from R-3, Ge Dwelling, to R-1, Single Fami not taken for street purpos and 19 Lhrougti 20 of Bloc 20, ZONING, ZOA #97-03, BY ral Multiple Family Dwelling, on Lots 2 and 21, and all of Lots 4 through 10 Fridley Park, as recorded aL 4.15 MEMORANDUM DEVELOPMENT DIRECTOR DATE: September 19, 1997 TO: Wiiliam Burns, City Manager �� FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Approve Comprehensive Sign Plans for Osbome Commerce Centers I and II Steiner Development Inc., developer of Osbome Commerce Center Phases I and II, has submitted a comprehensive sign plan for the buildings located at 103 and 223 Osborne Road N.E. The plan submitted is new for the building located at 103 Osbome Road (Phase II) and revises the plan previously approved for 223 Osbome Road (Phase I). The Phase If building (103 Osbome Road) will have signage on the west, south, and east sides. The typical tenant signs will be on the south side facing Osborne Road, 40 square feet in area, and will be composed of individual vinyl letters mounted directly on the building. "Anchor" tenants (over 20,000 square feet) will be permitted to have a 68 square foot sign. Stream Feeder has b�en identified as an anchor tenant. On the - south elevation, 268 square feet of signage is altowed; 268 square feet is proposed. Anchor tenants in Phase II will also be allowed signage on the west and east faces of the building. These signs will also be individual vinyl letters. The maximum allowed by code for these walls is 189 square feet; 96 square feet is proposed. On April 14, 1997, the City Council approved a comprehensive sign plan for the Phase l building (223 Osborne Road). The developer would like to revise the plan to be consistent with the plan described above. The signs will change from pan signs to individual vinyl letters. Larger signs will also be permitted for the anchor tenants of this building. 5.01 Osborne Commerce Centers I and September 19, 1997 Page 2 The intent of the comprehensive sign plan requirement is to create a uniform look to the signage of a multi-tenant building. This proposed sign plan is consistent to the intent of the sign code. The plans will be consistent between the two buildings. RECOMMENDATION Staff recommends that the City Council approve the attached comprehensive sign plan for Steiner Development Inc., Osbome Commerce Center Phases I and Il. MMldw M-97-393 5.02 �O'�'�--^�.-.� =� Stelner ��-,� �� :�...- Developrnent, Inc. 3610 South Highway 101 wayzata, MN 55391 (612) 473•5650 Fax 473 7058 September 17,1997 Michele McPhersou Planning Assistant City of Fridley 6431 University Ave. N. E. Fridley MN 55432 FAX: 571 -128? Dear Michele: Based oa thc oonvcrsatian wc have bad with you and Scott Fiiokok, Steiner Development aill proposc that all Tenant sigits at Obsorne Commcroe Cenbcr Phase One and Twa will be made np of individual lctte�s. Sizes aad locacions will conespond W the Fsidley sign ordinance and che draaiags t�at have been submittcd regarding tiuts m�. It is our intent to allow the phase One anchor cenants, G�azda MayIlower and Water Groug, the opponuniry to redo thcir signs. These signs are [o be sized within Fridlcy sign ordinance wall sign area �q„ir�„r.,�r� and will also bc single mounted lctter stylc. The cxisring building sign on the south clevation of the Phase O�e building will remain as inst�lled. We assume this matter will be resolv�ed at the September 22 City Council meeting and please let me lmow if there is any additional infoimatioz► the Ciry neerls rogarding tlris matt,er. Sincerely, STEIN�� b�'VEYAP C. rederick Ri ter Vice President 5.03 � � N � � � � W J a o� � � a � v a 0 0 � z U Q � � ._�- � � � T0'd 8S0L�Lb � � � 5.04 � � � � � � � � �� s � LLJ N r�� . 3a�� o Q� �� 3� �� t'.'w°`'S 2��--C1 ti-�-�� NO ��3� � � � � w a�W � � �� _� �, = �: � ��r,�. �;n�,�- " ;� Q - y � - c, � = C: �..._-- . .. .. ..: Ol '�NI `S2l31�tia�NJIS W0�1� 9I:Tti L66i-9Z-Jflti ......�_..y.. . +4�YJ� - ...a........ �-�.�;: — — _ .. _ .. . ... .______.–_.... _ ". __' y QZ Y7€� � i` n n�n.on.r-.. �.x�.�� exw ��:�.w��_ _'_ "_ � ti �� T _ � S• ��g�� SNOILVA3l3 Ff01li31X3 � � ][ t �� Ft[��zj A �lOS3NNIW'A3lO1Hi � 4 _� � Q � �1�C �$6aa93r.`I I� .... . ........... 2 38vHd � � a SiL.y tASAEQ�� .. ,,,,,�„ `,;,�„ kJ31N3� 3�kf3WW0� 3Nkf08S0 ' � 1 ` ! } i � \�� ::�- �. - ... . � � I � � � ry,1 .,, � �j (i�� 1 _�— i .. . .� '^ r > � �'' ' , � `�` , �, � � , � I , -'� , O t � � � � ' �� I:' '; --- .:;°. :ij � � � ' � �— � '.r I'.I � �(Q) ' � `�- ,� -r� � � � � �'�� _� �I- - '! `- ; - � � -_- _ � : , - - � O -� ; - � O ---- , �� _ . , . � , ,. - -- - � r_:� i x :� �'� =i i�> : � �- — � �, `1'� ._ _; ' � _-- (� � ,� _, ,;__ V� � ;. ;�:�.f�> , � � �—�— ;;w:<:.�, o , . __—�--� ..,. W o ' � --- �' ' ! ! �'= Q ��' ;i ' - , �I I �1 N� i : . �� #' v � 1 I 3 � .� • ' (,1: -) . I V . � Y 1a �. .. O `V1 �O � � >C.'� • � O v �.- � 0 � ( '�YO n y!�, I ,.,:: �i \ I I �: O �-.' :.}:,. � � { :, 0 � � z O o a, � a ,, >, °t : �„� � , . L � � ,I� � ; 1, + . k: 5.05 � -- - . '� '� `i MEMURANDUM DEVELOPMENT DIRECTOR DATE: September 9, 1997 TO: William Bums, City Manager ,�c� � �t FROM: Barbara Dacy, Community Development Director SUBJECT: Proposed Contract for Telecommunication Issues It is reeommended that the City Council enter into a consulting agreement with Kreines & Kreines, Inc. to assist the City in additional analysis regarding telecommunication issues. The City has adopted a moratorium which will expire at the end` of 1997. The proposed contract evaluates the viability of selected mun.icipal and privately-owned sites for telecommunication facilities. Staff recommends that the City Council authorize #he City Manager to execute the consulting agreement as presented. B D/dw M-97-390 6.01 �: 1 Consulting Agreement THIS AGREEMENT is entered into as of day �f ,1997, by and between thc City of Fridley, Mizu�►es�ta, hereinafter referreci to as "CITY," and Kreines & Kreines, lnc., hereinafter Yeferred to as "CONSULTANT'." WITlVESSET�-I: The parties hereto agree as follows: Section "(. Services The COl�1SULTAN"I' shall perf�rm the services set out in Exhzbir A entitled Scope �f Services and �xhibit B entitled Response to Scope of Servi�es. Section 2. C�mpensation and Reimbursement City shall pay CONSULTANT a Eee not-to-exceed $50,000, including expenses, for the services specified in Exhibits A and B. Itemized invoices will be submitted by CONSULTANT to CITY on a m�nthly basis, �s the work progresses. CITY shall pay CONSULTANT within 3U days of receipt of invoice. CUNSULTANT shall, at it:s snle discretion, have the right to suspend w�rk on the s�rvices speciEied in Exhibits A and B hereunder, if CITY has not paid any invoicc describeci above within 45 (forty-five) days from submittal of invoice. CONSULTANT shall recommence work upon payment of all invoices then past due. (ii the event the CITY should request additiorwl services not set forth in Exhibits A and E3, CONSUGTANT and CITY shall agree in writing to the additional serviees and the compensati�n for such services prior to the performance by coNSULrnNr. Section 3. Sch_ , CONSULTANT shalI commence work upon eacecution of thi� Agreement and sh�ll porform the services listed in Exhibits A and B in accordance with the project schedule set forth rn �ixhibit 8. Sectic�n 4. N�tic�s All notices 1nd invoices shalt be in w.riting and sent to the following addresses: 6.�2 S�n� ,-I Tflfl' ON fltr: h J F 7ft daC 77C7_CCrr_CTr,_r •�� i • �tiiT c��iT�v� a ��r�vv � To C,l' I'Y: $arbara Dacy, AIC[' Community Development Director City of Fridley Fxidlcy Municipal Ccnter 6431 Univc*rsity Ave., N.E. Fr.idley, MtV 55432 Section 5. Inc�ependent Contrlctor To CONSULT�NT: Ted Kreines, AICP President Kreines & Kreines, Inc. 58 Paseo Mirasol Tibuxon, CA 94920 CONSULTANT shail perform the servi�es specified in Exhibits A and B as an independent contractor and shall not be cansidered an employee of CITY fc�r any putpose whatsoever. IN WITNRSS WH�RL�OF, the parties hereto have duly cxecuted this Agreement as of the date first above written. CITY UF �RIDLEY, MiNNESOTA KREINFAS & KREINES, INC. William W. Burns, City Manager Ted Kreines, AICP, President 6.03 b0' d I00' oN Tb � b Z6 ZO daS ZZST-S�b-STb-Z : �31 ' 7NT S�NT��i�i �R ��t�T�� EXHIBIT A • • • � I i � !/ Il 1 : � 1 : � = 1 ' : ► PURPOSE: The City of Fridley is requesting Kreines 8 Kreines, Inc. to assist the City in determining whether it should establish a telecommun�cations facllitfes utility that would own and operate wireless telecommunications facilities (authority provided In City Chatter). BACKGROUND: The City of Fridley has passed an interim ordinance establishing a moratorium in order to compiete the technical analysis required to identify potential sites and regulatory controls forwireless communication facilitles. The moratorium expires December 31,1997. The City has also amended its Cha�ter to permit the City to own and operate wireless facllities as a"public utility". The City Charter requires the voters to approve the utility before the Clty adopts an ordinance enacting the utiAty. The City Council. prior to deciding on scheduling a speclal referendum, wants to review a business plan for operating a utility and contrasting this option with an option to require locatlon on specific municipal sites. At this time seven municlpally-owned sites have been identified. Another consultant has identified other sites (not municipally-owned) whfch would also be eligible for wireless iac!lities. WORK PRODUCT: I. Complete a Business Pla� which compares fin+o opt(ons defined below: Option A. Deslgnated Sites/Prlvate Sector Ownership and Operation of Antennae. Review the proposed seven munlclpal sites and complete a ten year pro forma ("sources and uses") analysis of these sites only. Parameters for analysis include: 1) Calocation is required on monopoles, 2 or more providers, preferably three. 2) I# not located on a Clty water tower, the City does not "own" the monopole. 3) The City will either lease the land or the water tower to the provide�s. 4) The current lease rate is $1,000lmonth on one of the City's water towers. 5) Identify and determine the costs fo� maintenance, lease management� and other expenses related to the wireless site. 6) Monopoles are preferred over lattice work facilitles. 7j Exlsting munlcipal water tower structures are preferred over monopoles. 6.04 SO � d T00' oN Tb: b Z6 ZO daS ZZSI-S�b-STb-T : ��l ' JNI S�NI3�1�1 'R ��NT��I�I Scope of Service Wireless Telecommunication FaciNty Business Plan Page 2 Option B. ?he Municipal Utility Optlon. Review all potential sites, municipal o� prlvate as previously identified by consultant, and complete a ten year pro forma analysis (sources and uses) for a municipally-owned utility. Parameters for analysis include: 1) Identify the optimat sites whlch minimize intrusion into resldential areas and visual pollution, and yet are strategically placed to be revenue producing sites. 2) If a monopole needs to be constructed. the City wl�' "own" the monopole and Is willing to provide a rent credit if provlder pays for design and installation of pole. The City ls also willing to design and install the pole, depending on the overall economics of the business operation. 3) Co-looation required as in Option A above. 4) Minimum lease rate is $1,000/month/provider. 5) Identify and detem�tlne the costs for maintenance, lease management and other related expenses related to the wireless sites. II. Desired Information from Analysis ln Part I: Option A. Designated SiteslPrivate Sector Ownership and Operation of Antennae. 1) How mUch NET revenue will the seven municipal sltes generate over the ten year period? Include a recommendation on lease rates, or a range of lease rates. 2) Is the current lease rate adequate to cover expenses associated with overseeing and managing sites? 3) Are there any sltes which will not. be technical�ly feasible for wireless antenna �facilities? Are there other City-owned sltes that would be bettet? 4) Which sites should be prioritized? 5) Recommend a process to solicit providers {RFP?) Option B. The Municlpal Utillty Optian. 1) How much NET �evenue wlll the seven municipal sites generate over the ten year period? Include a recommendation on lease rates, or a range of lease rates. : 6.05 90'd I00'oN Zb�b z6 ZO daS ZZSI-S�b-STtr-T=��1 "�NT S�NT�?I�1 �t ��n�T�� ra. . .��--. Scope of Service Wireless Telecommu�ication Facility Business Plan Page 3 2) Is the current lease rate adequate to cover expenses associated with overseeing and managing sites? 3) Are there any sites which wlll not be technicalty #easlble for wireless antenna facili�es? Are there other City-owned sites that would be better? 4) Which sites should be prioritized? 5) Recommend a process to solicit providers (RFP?) 6) Estimare the number of personnel Involved i� managing and administering the utility and their desired profiess(ona! qualifications. 7) IdentifY fee schedule to recover the cost of thls contract pfus administrative or management costs. 8) Determine whether the "credit" approach has advantages over the "City builds the pole" approach-(oost, legal� or business risks). Option C. Compare Option A and Option B. 1) Which approach Is more desirable financially? 2) Identify and assess likely legal challenges of each approach. 3) ldentify other strengths and weaknesses of each approach. (II. Identify other potential business activities #ot a telecommunications utility which may also be advantageous for the City, taking Into account Mlnnesota laws regarding telecommunication issues. 1V. One copy of the Business Plan shal) be submitted in an 8%:" x 11" fom�at. Fax copy of written text is acceptab(e as opposed to copying and delivery charges. The draft plan will be revlewed by staff prior to printing the final copy. In orcler to save time and delivery charges, one final orig�nal shall be provided to the City fo� repraduct(on. V. The Consultant shall produce a schedule rega�ding completion of the plan to Barbara Dacy, Community Development Director by September 3, 1997. Vl. The contract shaN be a lump sum contract plus expenses with a not-to-exceed amount. All types of expenses should be identlfled. The consultant shall specify the number of trips to Fridley to accomplish satisfactory famlllarity of the city and sites as part of the contract. Assume one C1ty Council meeting to explaln recommendations. Additional attendance at public meetings may not be required and could be arcanged by telephone (co�ference calls may be a possibil�ty). Hou�iy rates shall also be ldentified in the contract. 6.�6 ZO' d I00' oN �b= b z6 ZO daS 7,7ST-SSb-��tr-� : �� 1' �r�r ��N�� 'R C�NT�?I�1 KREINES & KREINES INC. TEL�1-415-435-1522 Sep 03 97 9�59 No.002 P.02 Exh�bit B Response to Scope of Services Objective of the Project Krcin�s & Kreines, lnc. will advise the City vf Fridley on the issues and providc a recommcndativn based on the following alternative ways to mana�e t11e d�ployment of commercial mobile radio services (GMRS)� within ihe City's corporatc limits: • Option A- Lease public ]and to the carriera. Analysis af seven municipal sites. • Option B- Establiah a public uHlity. Both public and private sites will be cxamined. Option B will involve either a Bole pravider or a GompetiHv� entity. 1� decision on whether th� utility is either a sole provider or a competitive entity is critical to preparing the Business Plan. A ten-ycar financial model will bc created in order to determine if ii is feasible to operate a public utility. While Option A is limited t� seven idcntified sites, the financial model in Option B will project operations over a ten-year tim� frame, and �ould invoIvc more than seven public and some privabe sites. Eatll approach will have a business plan that allows comparison between the r�venue and profit potential of each alternative. The Wirele�s TeIecommunications Facility Business Plan will present both business plans and compare the t�wo with an emphasis �n the recomme,nded approach. Products Draft Wireless Telecommunicatione Pacility Business Plan. A Draft Plan wiIl be submitted to the City of Fridley for review and comments (one canne��a- rcady copy), , • rinal Wireless Telecommunicatione Tacility Business Plan. The Draft Plan will be revised into a�inal Plan based on comments received from the City of Pridley (one camera-ready copy). � 1'er Seclian 704 of the Tele:comntunicatipns Act of 1996, commerrial mobile radio services (CMRS) include airy of several tc�c:h��ologies usin� radio signat9 At various frequenries to send and reeeive voice, data and �idco. These are co��sidered "funcNonally equivalent servicc:s" by lhe 'Telecommunications Act and these aervices are. limited to Ce11u1ar, PCS, Enhanced Speciali7,�d Mvbilc: ltadio, $p�cieli�.c_d Mobile Radio and I'aging. Acc<�rdin� to the Telecommu�ucations Act, these live services must receive.the same tre.atment by local government. 1 6.�7 TEL=1-415-435-1522 Total Amount of the Contract Sep 03 97 10�00 No.002 P.OA Tl1e total not-to-exceed fee will be $50,000.00, as follows: Professional services $45,000.00 �xpenses for txavel to and from �ridley $5,000.00 4�nd subsistcncc whi)e in Fridie Total �.�., ,,,,,, ,.� Thc aU�ve rnsts arc a rnaximum and every effort will be made to keep costs d�wn. This prop�s�l is valid for both the sole provider approach and the competitive approach to Option B, but only one approach will be modeled for the i3tysiness Plan. Hourly Rates & Number of Hours Personnel john Harrin�ton, �PA � '1'ed Krcin�s, AICP David Uolter, AICP Fina�uial Modelin� Spcci Graphics _Word processin�/ Clerical Coa�tin�;cncy Total I3ourly Rate Pxoject Schedule & Cost per Task $200.40 $125.Q0 $100.00 $100.OQ $80.00 $40.00 Taek 1 Determinati�n by the City of ,Fridley on whether a public utility operated by the City �f Pi•idlcy can operate as a sole provider for site availability under federal law by desi�;nating that the City of Fridley -- and o�tly the City of Fridley -- can make sites availablc foz- pcxsonal wireless service facilitics. . � ; Number of Hours 25 ]24 f3U 35 16 4:3 Schedule Three wceks after executi�n of. contxact Toial $5,0(lQ 15,SU() 6,00� 3,500 1,2fiQ 1,720 15,000 $50,000 Cost $0 INC. TEL�1-d15-435-1522 Sep 03 97 10=00 No.002 P.03 2 Plan Develogment. This task includes Two weeks $12,000 coliection and analysis of data. Consultant after execution tcam (Ted Krcines, John Harrington and �f contract. Uavid Dolter) to visit the City of Fridley to collect data, interview key city and carrier representatives and inventory sites. (On-site visits will be more effective than long distance communications. 3 Continuation of Plan Deveiopment. Follow- �our wceks $4,ppp up after analysis �f data and initial Pian a{ter development. David Doltes to return to completion �f Fridlcy to check assumptions, confirm data Task 2 and complete interviews started in previous h•i 4 Pre�aration of the Draft Wireless T'hree �n,eeks $15,UUU Telecommuiucations Paciliry Business Plan. after rcceipt of Modelins and analysis of data and resource Task 1 or three information. Submi�.sion of Draft Plan to City weeks after staf£ completion of Task 3, whichever occurs last. ` 5 Preparation of Final Wireless Two week� Telecommuiucations �acility Business Plan, after receipt af �' S�� Revise Dra�t Plan to Final Plan ba�secl on C��, comments received from City. Submission of comments on Final Plan to Cit staff. Draft Plan � Presentation of Final Wireless One week Telecommunications Pacility Busuless Plan. ��r �2�500 Ted Kreines will present Fin.al Wireless completion of '1'elecommunieations Pacility Business Plan to 1'ask 5 thc Fridley City Council using graphic rnsentation. Contin en Total $15,000 $5O,UtlO ,9ssumptions it is likely that O�tion T3 will require the analysis of public and privafe sites. The need to consic�er more than s�ven sites is due to the risk potential of the public utiliry approach, which may need more volume than th� seven sites can provide. 6.�9 KKEINES � KREINES INC. TEL�1-415-435-1522 Sep 03 97 10�01 No.002 P.05 Krei�les & Kreines, Inc. assumes that the following documents supplied by the City of Pridley can be uscd without charge: • The letter from Prcdcric W. Knaak, priciley City Attorney, I3olstad and Larson P.L.C., datcd March 13,1997 regar.ding the use of Cit�s utility authority far tclecommunication towcr construction, •]teport on a Business Plan for Managing Wireless Communication Antennae in the City of Fridley, MN, prepared by George B. Weaver, I'.E., Wcaver & Associates, April 9,1997. Kreines & Kreines, Inc. assumes that the City of Fridley will determine whethcr t�he City can operate the utility as a sole provider under federal law. This car be thr�ugh a le�;al opinion obt�ined by the City or �ther determination prepare-_� I�y the City. This d�ter.mination is criticaI to a Businc�s Plan for Option B. Kreincs Rz Krcines, Inc. assumes that the City of Fridley will make City Co�rmissioi�ers and City staff available tc� the Consultant team for consuliation: Kreines & Kreines, lnc. will prepare mapping in draft form on exiSting City base rnaps. The production of GIS mapping will be underiaken by the City of Pridley staff. Kreines & Kreines, Inc. assumes that information frorn the.Pinal Wirelesr Telec�mmunication� F2cility Business Plan will be used by ihe City for the ballot mea,su��e. As additi�nal serviccs, Kreines & Kreines, Inc. can assist the City i�z pre}�aring a format for submissi�n to the vo#e.rs. Kreines & Kreines, Jnc. will "identify and assess likely legal cha]]enges of each approach" 2 based on the experience of Kreines & Kreines, Inc. as a wircless �lannin�; consultant. As additional se.rvices, Kreines & Kreines, lnc. cauld obtain a lega] opinion identifying and assessing likely lebal challenges af cach approach. KrGir�es & Kreines, Inc. will prepare deployment Assumptions from a wir�less planning perspective. As adaitionaT services, Kreines & Kreines, lnc, c�uld oUtain radi�frequency engineering to validate whether all carriers' signals will adequatcly cover the Pridley area. � F.xl�ibit /1, Scop� of Se.rviccs, Section Il, C�don C, 2). 6410 �hh��\ Eia�� ti^� � ��: ;► Fridley Police Department Memorandum � To: William W. BuXn From: Dave Sallmanv } � Date: September 18, 1997 Re: Storm Damage The City of Fridley is eligible for reimbursement for cleanup up expenses of storm damage during the period from June 28'i', to July 27`�', 1997. The attached resolution is to authorize the Emergency Management Director (mysel� to execute and sign subgrants and agreements with the Federal Emergency Management Administration (FEMA) relative to the reimbursement. It is believed to be about $15,000. Staff recommends approval. 7.� y R$SOLUTION NO. -1997 RESOLUTION AIITHORIZING 13B13CIITION OF SIIB-GR.ANT AGRE��N'r' FOR FSDFR.AL ASSISTANCB IINDLR THL INFR.ASTRIICTIIRE PROGRAM FOR SUB- GR.ANT$LS BE IT RESOLVED THAT the City of Fridley of Anoka County enter into a Sub-grant Agreement with the Division of Emergency Management in the Minnesota Department of Public Safety for the program entitled Infrastructure Program for FEMA 1187-DR- MINNESOTA. David Sallman, Public Safety Director, is hereby authorized to execute and sign such Sub-grant Agreements and amendments as are necessary to implement the project on behalf of the City of Fridley. PASSSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 22°d DAY SFPTEMBER, T997. ATTESTED: WILLIAM A. CHAMPA - CITY CLERK NANCY J. JORGENSON - MAYOR 7.�2 ///r.`-��``S\\ %�'�� . � �, �� <, 0 , '�R.• ,i 1� � � Fridley Police Department Memorandum To: Wi�liam Burns, City Manager ,�� From: Dave Saliman, Public Safety Director Lt. Herb Zimmerman Date: September 11, 1997 Re: Multi-Agency Agreement for Anoka County Auto Theft Task Force The Anoka Counry Sherif�s department has received a grant of $115,528.00 to combat auto thefts in Anoka County. To make this a county-wide effort, the Anoka County Auto Theft Task Force was formed. In order for the Fridley Police Department to participate, the governing body of the City of Fridley must approve and sign the agreement. Atta.ched you will fmd the Anoka County Auto theft Task Force MLTLTI_AGENCY AGREEMENT and a RESOLUTION auttiorizing participation in the Task Force. If you have any questions please contact me. Staff recommends approval. �: 1 . O�p C�`�,:.... 0 'i '. �' -�`�:�/ '4� ,°��S��t 0 �'MES� Chief David Sallman Fridley Police Department 6431 University Ave. NE Fridley, MN 55432 ANOKA COUNTY ATTORNEY ROBERT M. A. JOHNSON Government Center ♦ 2100 Third Avenue ♦ Anoka, MN 55303-2265 Administration Civii Division Family Law & Mental Health Division (612) 323-5550 (612) 422-7589 Fax Criminal Division Investigation Division Juvenile Division Victim-Witness Services (612) 323-5586 (612) 422-7524 Fax August 19, 1997 Re: Multi-Agency Agreement for Anoka County Auto Theft Task Force Dear Chief Sallman: The Anoka County Auto Zheft Task Force grant proposal has been approved for funding by the Minnesota Department of Public Safety Auto Theft Prevention Board. Anoka County is the grantee and is entering into the grant agreement with the state agency. The grant was funded in the amount of $115,528.00. A portion of the grant funding is to be used for computer and surveillance equipment. Funding is also available through the grant to fund overtime costs for invesrigative and inspection details. - Anoka County, as grantee, must enter into a multi-agency agreement with the other participating agencies. Enclosed is the proposed Multi-Agency Agreement, which is being sent to each Anoka County police chief. In order for your agency to be a participating agency in the Anoka County Auto Theft Task Force, the Multi-Agency Agreement needs to be approved and signed by the governing body of your city. If there are questions related to the Multi-Agency Agreement, I can be contacted at 323-5667. If there are questions about the Anoka County Auto Theft Task Force, you can contact Russ Johansson at 323-5039. Sincerel�, ; %� �„��'/��,�i Pamela McCabe Assistant Anoka County Attorney PAM: jcs Enclosure c: Russ Johansson Criminal Investigation Division 8.�2 Affirmative Action / Equai Opportunity Employer RESOLUTION NO. - 1997 A RESOLUTION APPROVING PARTICIPATION IN THE ANOKA COUN'!'Y AUTO THEFT TASK FORCE WHEREAS, Anoka County is receiving a Minnesota Auto Theft Prevention Program grant to be used for the Anoka County Auto Theft Task Force; and WHEREAS, the Anoka County Joint Law Enforcement Council supports implementation of the Anoka County Auto Theft Task Force; and WHEREAS, the law enforcement agencies in the Cities of Anoka, Blaine, Columbia Heights, Coon Rapids, Fridley, Lino Lake, Ramsey, Spring Lake Park, St. Francis, Circle Pines and Lexington, and the County of Anoka are interested in participating in the Anoka Gount� Auto Theft Task Force; and WHEREAS, the Minnesota Auto Theft Prevention Program grant requires the grant recipient to have all participating agencies sign a multi-agency agreement; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley that the Mayor and the City Manager be authorized to sign the attached Anoka County Auto Theft Task Force MULTI-AGENCY AGREEMENT. PASSED AND ADOPTFsD BY THE CITY COUNCIL OF THS CITY OF FRIDLEY.THIS DAY OF , 1997. ATTEST: NANCY J. JORGENSON - MAYOR WILLIAM A. CHAMPA - CITY CLERK 8.03 Ano(ca County Auto Tliett Task Force MULT[-AGENCY AGREEMENT THIS AGREEMENT is made and entered into bctwecn the Cities of Anaka, Blaine, Columbia Heights, Coon Rapids, Fridley, Lino Lakes, Ramsey, Spring [��ke Park, Sl. Francis, Circle Pines and Lexington (Cities), and the County of Anoka (County), each acting by and through its g�verning body. RECITALS: (1) The County is receiving a Minnesota Aulo Theft Prevenlion Program grant to be used for the Anoka County Auto Theft Task Force. (2) The Anoka County Joint Law Enforcement Council supports implementation of the Anoka County Auto Theft Task Force. (3) The law enforcement agency in each of the Citics has expresscd an intcrest in parlicipating in the Anoka County Auto Theft Task Force. (4) The Minnesota Auto Theft Prevention Program grant requires the grant recipient to have all participating agencies sign a multi-agency agreement. NOW, THEREFORE, in consideration of the mutual agre�ments c.onEained herein, the parties to this agreement agree as follows: 1. PURPOSE 1.1 The parties agree that they have joined together for the purpose of implementing the Minnesota Theft Prevention Program grant through the Anoka County Auto Theft Task Force. 1.2 The law enforcement agency of each party signatory is refened to as participating agency. 2. TERM 2.1 This Agreement is effective July 1, 1997, or the effective date of the Minnesota Theft Prevention Program grant, whichever is later. 2.2 This Agteement shall continue in effect unti( terminated in accordance with the provisions set forth herein. • 3. ANOKA COUNTY AUTO THEFT' TASK FORCE 3.1 The Anoka Couniy Auto Theft Task Force will operate as an auto theft investigative unit serving Anoka County and its local municipalities in accordance with the terms and conditions of the Minnesota Theft Prevention Program grant. 3.2 Participating agencies may assign personnel to the Anoka Couniy Auio Theft Task Force. 3.2.1 Personnel will be assigned to the Anoka Counly Auto Thcft Task Force io assist with a spccific auto lhcC[ investigative dek�il. 3.2.2 Thc Anoka Counly Shcriff will assign an ofCiccr to act as thc Anoka County Auto Thcft Task Force coordinator_ : 1 � � 3.3 Participating agencies wi11 cooperate in cstablishing the computer data base in accordance with the terms and conditions of the Minnesota Theft Prevention Program grant. 3.4 Upon request, participating agencies will assist the County with documentation necessary to compfete forms and reports required by the State. 4• CONTRACI'S q1VD OVERTIME 4.1 Ail contracts and purchases made pursuant to this agreement shall be made by We County and shall conform to the requirements applicable to the County. 4.2 Overtime for personnel costs incurred by a participating agency to assist with a specific auto theft investigative detail wi!! be reimbursable to the participating agency by the County from Minnesota quto 'i'heft Prevention Program grant or othcr funds rec;eived on behaif of �hc Anoka County Auto Theft Task Force. 4.2.1 In or�ler to be eligible for reimbursement, overtime must have received prior authorization from ihe Anoka County Au[o Theft Task Force coordinator. S• DISBURSEMENT OF FUNDS AND STRICT ACCOUNTABILITY 5• 1 The County aar�s to act as [he �sc;al agenr �'�,� �hP Min.ne�ota Auto '?'I,Qft Prevention Program grant and the Anoka County Auto Thef[ Task Force. 5•2 Alt funds disbursed pursuant to this agreement shall be disbursed by the County pursuant to the method provided by law. 53 Funds shall be accounted for according to generally accepted accounting principles. 5.4 A strict accounting shall be made of all funds and report of all receipts and disbursements shall be made upon request by any party. INDEMIVIFICATION 6.1 Each party shall indemnify and hold harmless the other parties against all claims, tosses, damage, iiability, suits, judgments, costs, and expenses by reason of the actions or inactions of personnel assigned by that party's participating agency to Anoka County Auto Theft Task Force auto theft investigative detaiL 6•2 This agreement to indemnify and hold harmless does not constitute a waiver by any party to this Agreemen[ of limitations on liabiliiy provided by Minn. Stat. Chap. 466 or any other applicable law. TERMINAT[ON AND WITHDRAWAL �•� Any City may withdraw by giving 30 days notice in the form of a ccrtiCui copy of a resolution of i�s governing body indicating ils intcntion !o withdraw from this Agrcement. 7.1.1 Notice shall be de(ivered in person or by mail to the Anoka Cc�unty ShcrifL �• 1•2 A copy of ihe cerlified resolution shal! be forwarded by the Anoka County Sheriff to each of thc partici�ating agcncics and thc Anoka Counly At[orncy. ' � � 3 7.2 This Agceemcn[ shall terminate when grant funding from the Minnesc�ta Auto Theft Prcventi�n Program is no longer available to fund the Anoka County Auto Theft Task Force. 8. DISTRIBUTION OF FUNDS AND PROPERTY 8.1 Funds received by We County as reimbursement for the costs of investigation expenses will bc distributed to the party incurriag the expense. 8.2 Upon termination of ihis Agreement, aay remaining funds and any property acquired by the County on behalf of the Anoka County Auto Theft Task Force shall be distributed to the Anoka County Joint Law Enforcement Council for use in its activities or so(d in accordance with the terms of the Grant Agreement. 8.2.1 Proceeds from any sale will be equally dislributed amongst the pxrticipating a�encies. 9. IGN:IRE AGR�EN:El\`T 9.1 This agreement c;onstitutes [he en[ire agreement of the parties on lhe matter related hereto. 9.2 The agreement shall not be altered or amended, except by agreement in writing signed by the parties hereto. 10. SIGNATURES 10.1 All parties to this Agreement need not sign the same copy of the Agreement. 10.2 An original Agreement signed by each party to this Agreement shall be maintained in the Office of the Anoka County Attorney. IN WITNESS WHEREOF, the parties have signed this Agreement on the dates stated below: ANOKA COUNTY CITY OF FRIDLEY : Dan Erhart, Chair Board of Commissioners I� Dated: , 1997 Dated: , 1997 Attest: gY: John °Jay" McLindcn County Administrator . . 1 • ��a � �• �i�� E� .' , � � � t,� � 1��, � ; Fridley Police Department Memorandum �� To: William W. Burns From: Dave Saliman � Date: September 16, 1997 Re: Overtime Grant Attached is a notice from the State of Minnesota of a$10,000 Community Oriented Policing Overtime Grant. We had originally requested $29,120 but as noted, there were a number of agencies competing for the money available. Also attached is a resolution authorizing the City Manager to execute agreements, etc. concerning the grant money on behalf of the City of Fridle St ff y. a recommends approval. 9.01 RESOLUTION NO. -1997 RESOLUTION DESIGNATING AUTHORIZED PERSON TO EXECUTE AGREEI��NTS AND AMENDMENTS TO COMMUNITY ORIENTED POLICING OVERTIME GR.ANT WHEREAS, the City of Fridley has entered into a cooperative agreement with the Minnesota Department of Public Safety for the project entitled "1997 Omnibus Crime Bill - Community Oriented Policing Grant" for overtime during the period from January 1, 1998, to December 31, 1998; NOW, THEREFOR$, BE IT RESOLVED, by t;�e City Council of the City of Fridley, Anoka County, Minnesota, that William W. Burns, City Manager, is hereby authorized to execute such agreements and amendments as are necessary to implement the project on behalf of the City of Fridley. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 22ND DAY OF SEPTEMBER, 1997. ATTEST: WILLIAM A. CHAMPA - CITY CLERK NANCY J. JORGENSON - MAYOR 9.02 OFFICE OF THE COMMISSIONER 445 Minnesota Street Suite 1000 North Central life Tower St. Paul, MN SS70t-2728 TlY ONLY: (612) 282-6555 Fax: (612) 2g7-5728 Telephone (VOICE): (612) 296-6642 September 3, l 997 David H. Sallmen Fridley Police Department U'rJ ( 1111tVCt�Sltj' �tV'"t:. �l.F.. Fridley, N[N 55432 Dear Mr. Sallmen: �,�r�,, � °�ec�, f�F� '� f � �'� �� oc� STATE OF MINNESOTA DEPARTMENT OF PUBLIC SAFETY ! am pleased to inform you that your agency has been awarded a grant under the 1997 Omnibus Crime Bill - Community Oriented Policing Grant for Overtime. The amount your agency will be awarded is $10,000. If the �rant award is different from the amount requested, you are required to submit a revised budget fnr the amount of the award. The grant agreement cannot be processed until the revised budget is received. Please submit this revised budget no later than Friday, October 3, 1997. The total amount available under this grant for FY 1998 was $1,102,000: Theie were sixry.-six (66) applications for a�rand total of over $2.6 MiIlion. Nine (9) applicants were funded at or near the requested level, farty-four (44) were funded at a lower level than requested and thirteen (13) applications did not receive funding. The limited availability of resources made it impossble to fund every projec�t. Detailed instrucrions on important areas of this grant will follow this letter. I am, however, including some basic information: The grants will be disbursed on a quarterly reimbursement basis. You may request an advance of up to twenty-five percent (25%) of the �ant amount, after the grant agreement has been finalized There will be quarterly reporting requirements. The quarterly reports and invoices will be due by the lOth day of the month following the end of the quarter. Over the next couple of weeks I will be preparing the grant agreements and submitting them to the proper areas for approval. Once this task is complete, the agreement will be sent to you for your signature. After all signatures have been received, requests for advances will be processed. Enclosed, for your information, is a sample "RESOLUT'ION AUTHORIZING E7�CUTTON OF AGREEMENT." T'his resolution to accept these grant funds must be passed by your governing body. "The person signing this reso(ution, and any resulting grant a�eement, must be authorized by the governing body to accept and expend these funds. This resolurion must be provided to me as soon as possible but before October 3; 1997. I look forward to workin? with you this year. If you have any questions, please don't hesitate to call. My tetephone number is (612) 297-1697. Sigc�rely, _ ,,/(,�,� il ,, �� f � f�� / Rosalind R. Sullivan Grants Coordinator 9.03 AN EQUAL OPPORTUNITY EMPLOYEA e �O To: David H. Saliman � From: Rose M. Griep Date: September 9, 1997 Re: Resolution Designating Authorized Person I am pieased to advise thafi we have been notified that we have been awarded a grant in the amount of $10,000 from the Minnesota Depa�tment of Pubiic Safety under their project entitled Community Oriented Policing Grant for Overtime. Although our grant requested $29,120 to be used for overtime, I am pleased to be awarded this amount. � • Page 1 9.04 � � CffY OF FRIDLEY William W. Burns MEMORANDUM CityManager TO: The Honorable Mayor and City Council FROM: William W. Burns, City Manager�r� � DATE: September 19, 1997 SUBJECT: Richard Bistodeau Settlement Please note the attached resolution that was prepared by Attorney William J: Everett of Greene Espel. The resolution establishes a$100,000 out of court settlement for Richard Bistodeau. In exchange for the insurance company's payment of $100,000, Mr. Bistodeau agrees to drop all claims against the City of Fridley arising out of his non-appointment as a City of Fridley full-time firefighter in September, 1994. As you may recall, Mr. Bistodeau disputed the results of our hiring process in 1994. In his lawsuit, Mr. Bistodeau claimed that the City's hiring process was discriminatory and not in compliance with the provisions of the Americans with Disabilities Act. While not admitting wrongdoing, the attorneys representing the City and the League of Minnesota Cities Insurance T'rust strongly recommended that we settle our differences with Mr. Bistodeau out of court. A settlement conference was conducted before Federal Magistrate Arthur Boylan on September 4, 1997. As a result of the conference, the City and its attorneys agreed to pay Mr. Bistodeau the amount of $100,000. While the City Council has the option of rejecting the settlement which will be paid by the City's insurer, in doing so, the City would be responsible for all legal costs and other potential costs arising out of this case which exceed the $100,0001eveL Staff's recommendation is that we reluctantly accept the terms of the settlementprocess and approve the attached resolution. We will also conduct a thorough assessment of our firefighter selection processes and policies. As in other situations where we f disappointing outcome, operation of the City. WWB:rsc Attachment ace a we will use this as an opportunity to make positive changes in the 10.01 RESOLUTION NO. -1997 RESOLUTION ACCEPTING AN OUT OF COURT SETTLEMENT WITH RICHAR.D BISTODEAU WHEREAS, certain litigation has been brought against the City of Fridley by Richard Bistodeau; and WHEREAS, the Court ordered the City and Mr. Bistodeau to participate in a settlement conference on September 4, 1997; and WHEREAS, the League of Minnesota Cities, p�irsuant to its covenant of insurance with the City of Fridley, agre�d, sub;ect to approval by the Fridley City Council�, to settle this litigation for $100,000; and WHEREAS, legal counsel for the City of Fridley has strongly recommended that the settlement is fair and reasonable, and that it would be most prudent for the City to approve this settlement; and WHEREAS, the City's failure to approve this settlement would expose the City of financial risks far exceeding the costs to the City of this settlement; and WHEREAS, the settlement, as contemplated, would involve no admissions of fault or wrongdoing, NOW, THEREFORE, BE IT RESOLVED by the Ci.ty Council of the City of Fridley, Anoka County, Minnesota, that the City of Fridley accept and agree to the settlement of this case as outlined above. BE IT FURTHER RESOLVED that legal counsel for the City shall prepare appropriate settlement documents to memorialize the settlement. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1997. NANCY J. JORGENSON - MAYOR ATTEST: WILLIAM A. CHAMPA - CITY CLERK'�0�02 � rr� TO: MEMORANDUM :� � 1E!DEPARTMENT RICHARI) D. PRIBYL F FRIDLEY �r FIN.41VCEn�Et'T'OR FROM: WILLIAMS W. BURNS, CITY MANGER ,�� 9� RICHARD D. PRIBYL, FINANCE DIRECTOR SUSAN LEMIEUX, ASSISTANT FINANCE DIRECTOR SUBJECT: RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PROPARATION OF PROPOSED ASSESSMENT ON LOCKE LAKE DAM EXCAVATION PROJECT NO. 255 DATE: September 19,1997 Attached you will find the resolution declaring cost to be assessed and ordering preparation of proposed assessment for Locke Lake Dam Excavation Project No. 255. This project included properties abutting and draining into said Locke Lake and all lands within, and adjacent. Based on the final cost of this project, $5.1,469, these properties will be assessed for a total of $1,196.96 per lot. RDP/me Attachmen�t � RESOLUTION NO. - 1997 RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR LOCRE LAKE EXCAVATION PROJECT NO. 255. WHEREAS, the city engineer has been directed to proceed with the Locke Lake Excavation Project No. 255 and the cost thereof has been determined to be $51,469 of which the City will pay $0 as its share of the cost. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FRIDI,EY, MINNESOTA: The portion of the cost of such improvement to be paid by the City is hereby declared to be $51,469 and the portion of the cost to be assessed against benefited property owners is declared to be $51,469. Assessments shall be payable in equal installments extending over a period of ten years, the first of the installments to be payable on or before the first Monday in January, 1998, and shall bear interest at the rate of 6%� percent per annum from the date of the adoption of the assessment resolution. The City Clerk, with the assistance of the City Engineer, shall forthwith calculate the proper amount to be specially assessed for such improvement aqainst every assessable lot, piece� or parcel of land within the district affected, without regard to call valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. The clerk shall upon the completion of such proposed assessment, notify the Council thereof. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1997. ATTEST: WILIAM A. CHAMPA - CITY CLERK 11.02 NANCY J. JORGENSON - MAYOR C MEMORANDUM � FINANCE DEPARTMENT _ RICHARD D. ITY OF<FRIDLEY' � ' FIIVAIVCEDIIt TO: FROM: WILLIAMS W. BURNS, CITY MANGER �� RICHARD D. PRIBYL, FINANCE DIRECTOR SUSAN LEMIEUX, ASSISTANT FINANCE DIRECTOR SUBJECT: RESOLUTION DIRECTING PUBLICATION OF HEARING ON LOCKE LAKE DAM EXCAVATION PROJECT NO. 255 DATE: September 19,1997 Attached you will find the resolution directing publication of hearing on the proposed assessment roll for Locke Lake Dam Excavation Project No. 255. The Public Hearing Notice will be published in the Focus newspaper on October 2, 1997and October 9, 1997, as required by State Statute. RDP/me Attachment 12.01 R RESOLUTION NO. - 1997 RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR LOCKE LAKE EXCAVATION PROJECT NO. 255 WHEREAS, by resolution passed by the Council on September 22, 1997, the City Clerk was directed to prepare a proposed assessment of the cost of the Locke Lake Excavation Project N. 255. AND WHEREAS, the clerk has notified the council that such proposed assessment has been completed and filed by his office for public inspection, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FRiDLEY, MINNESOTA: A hearing shall be held on the 27th day of c�ctober, I997 in the City Hall at 7:30 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing and he shall state in the notice the total cost of the improvement. He shall also cause mailed notice to be given to the owner. of eaeh parcel described in the assessment roll not less than two weeks prior to the hearings. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the who.le of the assessment on such property, with interest accrued to the date of payment, to the City of Fridley, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of the assessment. He may at any time thereafter, pay to the City of Fridley the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charqed through December 31 of the succeeding year. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THEIS DAY OF , 1997. ATTEST: WILLIAM A. CHAMPA - CITY CLERI{ � 2.02 NANCY J. JORGENSON - MAYOR MEMORA � FINANCE DEFARTMENT ' � CITY-OF FRTDLEY ��, TO: FROM: RICHAI2b D: � � � �IN=�IVGE:DIR� WILLIAMS W. BURNS, CITY MANGER �r"' � RICHARD D. PRIBYL, FINANCE DIRECTOR SUSAN LEMIEUX, ASSISTANT FINANCE DIRECTOR SUBJECT: RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ON CONCRETE CURB AND GUTTER PORTION OF THE ALDEN WAY STREET IMPROVEMENT PROJECT NO.ST. 1996 -1 & 2 DATE: September 19,1997 Attached you will find the resolution declaring cost to be assessed and ordering preparation of proposed assessments for the concrete curb and gutter porEion of the Alden Way Street Improvement Project No. St. 1996 - 1`& 2. Based on the final cost of this portion of the project, $50,250, the affected pmperties will be assessed at $10 per front foot. RDP/me Attachment 2IBXI., TOR RESOLUTION NO. - 1997 RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR CONCRETE CURB AND GUTTER PORTION OF THE ALDEN WAY STREET IMPROVEMENT PROJECT NO. ST. 1996 - 1& 2 WHEREAS, the city engineer has been directed to proceed with the concrete curb and gutter portion of the Alden Way Street Improvement Project No. St. 1996 - 1& 2 and the cost there of has been determined to be $50, 250 of which the City will pay $0 as its share of the cost. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FRIDLEY, MINNESOTA: The portion of the cost to be assessed against benefited property owners is declared to be $50,250. Assessments shall be payable in equal installments extending over a period of ten years, the first of the installments to be payable on or before the first Monday in January, 1998, and shall bear interest at the rate of 6'-� percent per annum from the date of the adoption of the assessment resolution. The City Clerk, with the assistance of the City Engineer, shall forthwith calculate the proper amount to be specially assessed � for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to call valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. _ The clerk shall upon the completion of such proposed assessment, notify the Council thereof. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1997. ATTEST: WILIAM A. CHAMPA - CiTY CLERK 13.02 NANCY J. JORGENSON - MAYOR MEMORANDUM � � : FINANCE bEPARTMENT _ RICHARD D : CITY OF FRIDLEY ' � PzNANC�DZ� TO: FROM: WILLIAMS W. BURNS, CITY MANGER �� RICHARD D. PRIBYL, FINANCE DIRECTOR SUSAN LEMIEUX, ASSISTANT FINANCE DIRECTOR SUBJECT: RESOLUTION FOR PUBLICATION OF HEARING ON CONCRETE CURB AND GUTTER PORTION OF THE ALDEN WAY STREET IMPROVEMENT PROJECT NO.ST.1996 -1 & 2 DATE: September 19,1997 Attached you will find the resolution directing publication of hearing on the proposed assessment roll for concrete curb and gutter portion of the Alden Way Street Improvement Project No. St. 1996 - 1' & 2. The Public Hearing Notice will be published in the Focus newspaper on October 2,1997 and October 9, 1997, as required by State Statute. RDP/me Attachment 0 14.0 7 �� CTOR RESOLUTION NO. - 1997 RESOLUTION FOR HEARZNG ON PROPOSED ASSESSMENT ALDEN WAY STREET IMPROVEMENT PROJECT NO. ST 1996-1 & 2 WHEREAS, by resolution passed by the Council on September 22, 1997, the City Clerk was directed to prepare a proposed assessment of the concrete curb and gutter portion of the Alden Way Street Improvement Project No. ST 1996-1 & 2. AND WHEREAS, the clerk has notified the council that such proposed assessment has been completed and filed by his office for public inspection, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCII, OF FRIDLEY, MINNESOTA. A hearing shall be helcl on the 27t'' day of October, 1997 in the City Hall at 7:30 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing and he shall state in the notice the total cost of the improvement. He shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City of Fridley, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of the assessment. He may at any time thereafter, pay to the City of Fridley the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or �interest will be charged through December 31 of the succeeding year. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THEIS DAY OF , 1997. ATTEST: NANCY J. JORGENSON - MAYOR WILLIAM A. CHAMPA - CITY CLERK 14.02 3 � t Cf1Y OF fRiD�EY GAS SERVICES Faircon Service 1891 WCoRdC Roseville MN 55113-1304 LIC�CNSES SEPTEMBER 22, i997 Robert Getterz GENERAL CONTRACTOR-COMMERCIAL D J Kranz Co Inc 2033 West Broadway Minneapolis MN 55411 H N Elsen Magney M C Construction Inc 19245 Hwy 7 Excelsior MN 55331 GENERAL CONTRACTOR-RESIDENTIAL Advance Aluminum Supply Inc (7gg3) 7341 Commerce Ln NE Fridley MN 55432 Bristol Energy Systems 6446 Flying Cloud Dr Eden Prairie MN 55344 C & C Building Corp (5849) 7025 Oak Ridge Rd Corcoran MN 55340 Gen Building Services 5190 Hemlock Lane Plymouth Mn 55442 Handyman Express Inc (5876) 9100 W Bloomington Freeway Bloomington Mn 55431 Mark Magney James Myers Harold Hauser Lee Cornelius William Connelly Howard Smith Johnson Russ & Bob Construction (1 152) 5433 Vernon Ave Edina MN 55436 Russ Johnson RONJULKOWSKI Building Official RONJULKOWSKI Building Official Same STATE OF MINN Same Same Same Same Same Lindsay Jayson Roofing (20098263) 2638 Ciearview Ave Mounds View MN 55112 Tabor & Sons Inc (20014248) 3716 St Francis Blvd Anoka MN 55303 Volk Construction Inc (2154) 8731 19 Ave S Bloomington MN 55425 Windgate Inc (1389) 3810 Rum River Dr Anoka Mn 55303 HEATING Faircon Service 1891 W Co Rd C Roseville MN 55113-1304 Whole Aire Co Inc 7330 205 Ave NW Elk River MN 55330 PLUMBING Alpha Mechanical Inc 15167 Fillmore St NE Ham Lake MN 55304 Plumbing Systems Inc 3636 Admiral Ln N Brooklyn Center MN 55429 Pro Master Plumbing Inc 5405 W 187 St � Farmington MN 55024 Jayson Lindsay Arnold Tabor Tim Volk Darrell Weaver Robert Getterz Glen Heggen Gary Burkhardt Kris Knosalla Jim Thompson 17.03 Same Same Same Same RON JULKOWSKI Building Official Same STATE O� MINN Same Same � � ClTY OF FRIDLEY Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432-4381 ESTIMATES SEPTEMBER 22,1997 Services Rendered as City Prosecuting Attorney for the Month of July, 1997 . . . . . . . . . . . . . . . . . . $ 14,731.50 Hardrives, Inc. 14475 Quiram Drive Rogers, MN 55374 Central Avenue Bikeway/Walkway Project No. ST. 1994 - 9 ��a 3 3 y'�� , Estimate No. 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4�i�8�3�0 S.M. Hentges & Sons, Inc. 650 Quaker Avenue Jordan, MN 55352 � � Removal & Replacement of Miscellaneous Concrete Curb & Gutter & Sidewalk Project No. 305 � Estimate No. 3 . . . . . . . . . . . � . . . . . . . . . . . . . . . . . . . . . . $ 14,201.55 ' � Forest Lake Contracting 14777 Lake Drive Forest Lake, MN 55025 I-694/TH 47 N.E. Ramp Reconstruction Project No. ST. 1997 - 3 Estimate No. 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 126,501.24 18.01 � �I �' Y • r EnginCOr�ng N ,CWI•I MX W.i1Cr 2 QO Pa��n O 3 Sircets V V Mamlonancc S � O � � MEMOT:ANDITM � TO: William W. Burns, City Manager ,(�� PW97-249 ��% FROM: Jon H. Haukaas, Assistant Director Public Works John G. Flora, -�irector Public Works �� DATE: September 22, 1997 SUBJECT: Pay Estimate #7 to Central Ave. Biturriinous $idewalk Project No. ST 1994-9 We have reviewed the submittal for estimate #7 and are reducing some of the pay quantities to reflect the delay in completion of this project. The original estimate was for payment in the amount of $46,833.40. After adjustment, the revised estimate requests a partial payment in the amount of $20,339.79. Recommend the City Council approve revised Estimate #7 to the Central Ave. Bituminous Sidewalk Project No. ST 1994-9. � s • r FROM: City of Fridley Engineering Division TO: Honorable Mayor and City Council City of Fridley 6431 University Ave, NE Fridley, MN 55432 Dated: September 22, 1997 CITY OF FRIDLEY PUBL[C WORKS DEPARTMENT 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MINNESOTA 55432 .. - Estimate No. 7 Period Ending: September 19, (997 For: Hardrives, Inc. 14475 Quiram Drive Rogers, MN 55374 CENTRAL AVENUE BIKEWAY/WALKWAY PROJECT NO. ST. 1994 - 9 Job Code: 553-0000-415-4530-9410 STATEMEIVT OF WORK '•��0��'�'��' ::i:i:i:i:i:i:i:iEi::t:i:i:iiiiiii:iiiiiii:;._.:�:i:iiiii::ii;ii::i E�ii:;ici:;ii::iiii(::::Eiisi :icci;iii:s:;;;i:c :EEEEii;;;;;;;;;;;;;,;;;;i::;:;� i:i;s;i�•c`�� _q :```:`t::::: ::::s::::;:::::':` :: :::::::::::€ ::;:::::::::::::::::::::::: s::::::::::::::::::::::::::::::::::::: iiiEii`ici'`:iiiiiiE:iiiii:E2iiiiiiiiiiiii'�iii:i:i;iii:iiiiiiiiiii::iiici;iiii:ii i;i::i:iiiiii:::iEi:i:i:i:::i'::2:i:::E :::::::::::::::::::::::::::...o-:.:.:.::.o-:.�QU�. ...... .... ... ............ ............ . .,. �iscAl :.:.:.:.:... . •.•. •. •: •: •: •: •:•:-:-• • •••. . •. •. •_•: •:•:•:•:•:,:-: ••• •• •••••. •. •. �; ;::�:� `:`::::::::�iiiii �.::i?.:iiii'E�cii ii'E`iii:':�i��'�".E:�?'�`-:Ei. ::i.:.:.i:°�°'ti':iE?".E ':`'�iiiiiiii;?''ic:iiii:;;;:::E> ii;Eii'EiEi?c:::iid::ciii;i i;E:i:2:2:i'i::':::':;:;:;;igi;igi;i;; '�•�•��•�• :.:.::::::::::::::::::::::::::::::i:i:i:i:i:i:i:j:i:::c:;:i:i: '�'�'�'itticiittiiciiccti::[iiii[iiitiiiiiitii:i:;iii[iiiitiiiiiii:tccii[ . - - .� ..... ........:.:.:.:.: :.:.:.:.:.:.kTt#tt:.:.:.:.:. :-:.:.:.:-'�IS::.:.:.:. :.:.;.:.:.:.;. . . . . . �s .:::::::::::: ::::::::::::::::::::::::::: .:::::::::::::. . . `�`�`�`�`'''''`'`'��''�'°��°��'�`�`�•�'-=�'�::'��:� :::::::::.:::::::.::::"::::::•:-:•:.:•:.:.:.:-:.:.:.:-: .:.:.:.:.:.:.:.:..:.:.:.:.:.-..:..-:.:.:.:-:�:.:..:.:.:.:.:..........:.:.:.: .:-:�........................................:.............. o ....,... �..�::::::::: s::: :i'�'Eii�`�j'�'`��°�:.�.G��'�:?:ii:?::::;:i:i�i�i�:ii?.:? ?i;fi:_ ;�::::::::��::.:...i i._.:��:::�_._.. :,?.i:::;;;:�::c:E :::::::::::::: :::::`..,:ii::::�iiE:i::i: E;iiiiE:::::EiEiiE::P:iii::c;iiici ii;i:i:::EiisiEiii:;iEi:::c E;i;i;:;:;:;:;::::::i:i:i:s:i:i:i:i:i: ....... •--'•'•'."... . �. •. � :�:::::::s::..::;::�::. . . . . . n�-�c It..m .. . . . . . . . : . . . . . ..: :�u�t�y. . . . . _ . . . . . . . . . :.�ii . . . _-. . . . .P.r�cc ::::::::::: :::::�i�nate::::: :::::::::�st�nate::;;..;; :.€::::::�'o�:;�::�:; :��;:::::::�ai�i�::::;s:::: Remove curb and gutter I50 LF 4.00 0.00 0.00 532.00 2,128.00 Remove tree 28 Each 130.00 0.00 0.00 179.00 23,270.00 Clear brush 1 LS 1,700.00 0.00 0.00 1.00 1,700.00 Remove retaining wall 1 LS 500.00 0.00 0.00 1.00 500.00 Relocate guard posts 2 Each 200.00 0.00 0.00 1.00 200.00 Relocate bench 3 Each 300.00 0.00 0.00 2.00 600.00 Gommon excavation 4,505 Cu Yd 6.00 0.00 0.00 5,255.00 31,530.00 Granular borrow (CV) 1,6'IS Cu Yd 14.00 0.00 0.00 1,675.00 23,450.00 Topsoil borrow (LV) 640 Cu Yd 10.00 0.00 0.00 Aggregate base - Class 5 2,750 Ton 8.00 0.00 0.00 3,006.OU 24,048.00 Type 41 wearing course mixture 1,125 Ton 26.50 600.00 15,900.00 1,417.00 37,550.50 Modulaz block retaining watl 0' to 3' high 788 LF 33.00 0.00 0.00 481.00 15,873.00 Modular block retaining wall � 4' to 8' high 340 LF 93.00 54.00 5,022.00 369.00 34,317.00 Concrete curb & gutter - design B618 150 LF 24.00 0.00 0.00 716.00 17,184.00 Remove and replace fence 52 LF 16.00 0.00 0.00 96.00 1,536.00 Pavement message (stop ahead) Poly preformed 6 Each 585.00 0.00 0.00 Pavement message (caution steep hill) poly preformed 2 Each 389.00 0.00 0.00 Pavement message (caution drive- ways ahead) 9 Each 751.00 0.00 0.00 Crosswalk marking - poly preformed 1,120 SF 8.35 0.00 0.00 �Hazdri�+es, Inc. Page 2 Estimate No. 7 . . . . . . . . . . . . ....... .......................... ...........:.:...: :.:.:.:.:...:.:.:.:.:.:.:.:.. .: �: �:�:�:-:::•:�: :::::::::::::;:;:::::::::::::::: :�::::?�irioiin ::'::: ::':::::::::::�: �j::�: :::::: ;':::;:::::;:;? :::::::::::::::::::::::::::::::::::::::s:�:�:�:�:�: ..... .. ...... ...... . ,;'::::;:`:::° ::::::::::::::::::':':::;';'',' ;:::::"`` :::'`::: :: :: ::_;:::::::::::::::�:::::::::::::::::::::::::::::::::::::=:=::::::::: �.�.-...�:�..:� :.:.:::::::::::::::::::::: <:::::::::::::::::::::::: :::.:::::::-:.:. .:.:.: :.:.:.:.:.:...•....... ...•.....-........ ..........•.•................... . . . . . �..... ... . . t�i� ..........:.: ..:.:.:.:.:.:.:.::•:-:.:.:.: �.:.:.:-::•:-:�:.:-:.:.:.:.::::::�:•:� :::::::::::::::::::::::::::::: : ::::::::: : ';: ::::: ::;:: :::;;:::::::::::::; : :::::�5it ��''� :�:' : :::.::.:.::.::.::: ::.:::::::::�:° :�':;;:.::��: ::::�'::�: �`�:;::.::::�..: ;:::;::.:;;;::::::;;;:.:.:.:;.:;: :;.::::�-:.:._:.;:__;:::_:: :::;:�:�:;:;:;�;�p:;�::;::�:.::::::::: `."'::::`::i�?�:: EiE�t��:::::E::iii'-::::::i:E:i::E::ii::Eti:;:EE:`:::::::E: . . ,�€�a ..... ........:.:.:.:.:. .:.:.:.:.:: u�c:::.:.:.::. :::::::::��s::::.:.:. :.:.:.:.:::::�n�:::::::::::: _:-:.:.: ::::::::::::.:.:.: �.::::::::::::- ........� : � ::::::::�:�: � ..... >":�It � ``.::: ::::::;::.:::;: �.=: :....::� . :::::::::.::::.:::. ::..:::::.::.:.:.: :.....:::::`':<_::::;:;::::::. ::::::'�`: ::::::::::::::: :::::�:::`:::�::::::::::::::::::: �;::::�:::::::::::::;�:�;�:€ ';�:��:::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::.:.:.:.:. . : �. ri�~ae�..�m �`'`'````'':::`:':::`:>::`: - � �--��- .��-��-��-�- �� -�:.:.:.::: � ............:...........:. . . . . ... ...... ....tZua�rt��jr,..... :::::€�n�t:::: s:.:.:.::::�'�ce::::::::::. ::::::�;s€�u�ate::::: :::::::::�stunarc:::::s:: ::::::s:�`�ta€:::::::: �;::::::::::tt�tp�nC:::::::::; Ash, Marshall's seedless 2' Cal B&B 3 Tree 250.00 0.00 0.00 Maple, Red Northern 2' cal B&B 3 Tree 250.00 0.00 0.00 Transplant 19 Tree 200.00 0.00 0.00 14.00 2,gpp.pp Relocate landscaping, sta. 38+00 to 47+00 1 LS 2,800.00 0.00 0.00 0.75 2,100.00 Relocate landscaping, sta. 60+15 to 60+85 I LS 1,400.00 0.00 0.00 1.00 1,400.00 Relocate landscaping, sta. 65+70 to 66+40 1 LS 2,200.00 0.00 0.00 1.00 2,200.00 Relocate landscaping, sta. 71+40 to 72+15 1 LS 3,900.00 0.00 0.00 1.00 3,900.00 Silt fence, type preassembled II1�� 5,980 LF 1.50 0.00 0.00 3,150.00 4,725.00 Sodding, type lawn 6,500 SY 1.48 0.00 0.00 Relocate tree 10 Each 200.00 0.00 0.00 Remove sign & concrete foundation 1 Each 500.00 1.00 500.00 4.00 2,000.00 4 in. solid white poly preform 330 LF 3J0 0.00 0.00 Wire fench design 96-9321 300 LF 13.00 0.00 0.00 Metal brace assembly 10 Each 66.00 0.00 0.00 4 in. thick styrofoam insulation 240 SF 1.50 0.00 0.00 64.00 96.00 Adjust manhole 3 Each 175.00 0.00 0.00 3.00 525.00 Saw-cut bituminous 300 LF 2.50 0.00 0.00 540.00 1,350.00 Relocate landscaping i LS 750.00 0.00 0.00 Swing arm mailbox posts 4 Each 140.00 0.00 0.00 Remove bituminous pavement 58 SY 2.00 0.00 0.00 205.00 410.00 Class 5 gradation test 1.00 Each 125.00 0.00 0.00 Bituminous extraction & grad. test 1 Each 125.00 0.00 0.00 0.00 cr ru�rn�r � r �Z I,42Z.U0 TOTAL $235,392.50 c. ._ , R_. _ _. ,� _ . Hardrives, Inc. P e 3 � � � Estimate No. 7 SUMMEIRY: Original Contract Amount Contract additions: C/O 1, 2, 3 Contract deductions: Revised contract amount Value Completed To Date Amount Retained (5%) Less Amount Paid Previously AMOUNT DUE THIS ESTIMATE 241,058.50 51,483.80 292,54230 235,392.50 i 1,7b9.63 203,271.68 $20,351.20 CERTIFICATE OF THE CONTRACTOR i hereby certify that the work performed and the materials supplied to date under the terms of the contract for this project, and all authorized changes thereto, have an actual value under the contract of the amounts shown on this estimate (and the final quantities on the fina( estimate are correct), and that this estimate is just and correct and no part of the "Amount Due This Esfimate" has been received. By _,� Con ` ctor's Authorized Representativ� ( e) CERTIFICATE OF THE ENGINEER I hereby certify that I have prepared or e�camined this estimate, and that the contractor is entitled to payment of this estimate under the contract for reference project CITY OF FRIDLEY, INSPECTOR By Chi Respectfully Submitted, �n �-`''�'/ /J�'� � �G. - �ohn G. Flo a, P.E. Public Works Director � � William W. Burns �r oF M E M O R A N D U M City Manager FRIDLEY TO: The Honorable Mayor and City Council FROM: William W. Burns, City Manager �� v DATE: September 19, 1997 SUBJECT: University Avenue Fence The attached survey was sent to 393 residents who live within a block and a half of either side of University Avenue: We asked the respondents to return the surveys by Friday, September 19, 1997. As of 1:00 p.m. on Friday, we had received 99 surveys. Out of the surveys that were returned, 79 people indicated that they did not think any sections of the University Avenue fence should be removed, and 20 were in favor of removing the fence. Of those in favor, the consensus was that the fence should be removed on the east side of University Avenue between 45th Avenue and I-694 and between I-694 and Mississippi Street. In regard to the other sections of the fence, there seemed to be a lack of consensus among those who were in favor of removing the fence in certain areas. There seemed to be a substantial number of individuals who felt we should not remove the fence on the east side of University Avenue between Mississippi Street and.69th Avenue. The majority of those who wanted to remove some fencing were opposed to removing any of the fencing on the � west side of University Avenue. While I do not have specific data, from talking with Scott Hickok, it is my understanding that people in the various planning areas that have been surveyed for the comprehensive plan amendments have generally mentioned the need to remove the University Avenue fence. Scott has offered to assemble this information for Monday night's meeting. At this point, it would appear that the broader community is much more in favor of removing the fence than are the individuals who live along University Avenue. While at one time I considered placing a resolution or motion on Monday night's agenda that would have Council deciding to remove one or more sections of the fence, I have chosen not to at this meeting. Council, of course, could choose by motion to adopt a fence removal policy covering one or more sections of the fence. I wouid expect, however, that those in attendance at our meeting will be largely negative in their attitude toward this issue. 19.01 University Avenue Fence September 19, 1997 Page Two In talking with staff from Community Development, Public Safety, and Engineering, there is a general consensus that none of the University Avenue fence should be removed without identifying some suita.ble replacement. The replacement may be some kind of ornamental fence similar to the one being installed on the Rottlund project site. WWB:ch 19.02 First, we'd like to ask you whether or not you think any of the sections of University Avenue fence should be removed? Yes No If you answered yes, which sections should be removed? Please check the space opposite the section(s) of fence that you feel should be taken down. 1. 2. 3. 4. 5. 6. East Side between 45th Avenue (the Columbia Heights border) and I-694 East side between I-694 and Mississippi Street East side between Mississippi Street and 69th Avenue West side between 45th Avenue (the Columbia Heights border) and I-b94 West side between I-694 and Mississippi Street West side between Mississippi Street and b9th Avenue Please return survey by Fridacv. Sentember 19,]997 Thank you for your input. 19.03 ��: ''.:� �. MEMORANDUM DEVELOPMENT DIRECTOR DATE: September 18, 1997 TO: William Bums, City Manager �� FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Pianning Assistant SUBJECT: Public Hearing on a Zoning Text Amendment, ZTA #97-01, by the City of Fridley, to Recodify the Fridley Cit�r Code, , Chapter 205, Entitled "Zoning", in Order to Regulate the Location of Pawn Shops, Pawn Brokers, and Second Hand Goods Dealers BACKGROUND In March 1997, Dave Sallman, Pubiic Safety Director, contacted Community Development Department staff regarding the potential of prohibiting pawn shops and second-hand shops in the C-1, Local Business zoning district. Sallman believed that the impacts of either type of shop extend beyond what the C-1, Local Business zoning district regulations were designed to accommodate. As you know, the C-1 zoning district is a commercial district intended to senre the convenience needs of the surrounding neighborhood. A recent second-hand store experience in the former Steak Express building on East River Road exemplifies Sallman's concerns. Numerous neighborhood complaints were registered regarding the operation of the second-hand store in this location. The nature of the complaints � were: traffic, fear of second hand gun sales, fear of sale of stolen goods, and generally, the contrary nature of a business such as this in an area meant for convenience uses. Those complaints were an indication that from the neighborhood perspective, the use is not viewed as compatible. The City recognizes that a business such as this should be permitted, but possibly should be restricted to the districts designed to accommodate a 20.01 Second-Hand Dealer Shops and Pawn Shops September 18, 1997 Page 2 wider variety of commercial uses. Districts such as the C-2, Generai Business and C-3, General Shopping Center, are designed to handle higher volumes of traffic and uses that are more compatible to adjacent retail than adjacent residential. In response to Sallman's request, staff evaluated the issue further. The result of that evaluation lead to a conclusion that both the C-1, Local Business district and the CR-1, General Office district regulations should be modified to prohibit pawn shops and second-hand stores. On April 7, 1997, Sgt. Bob Rewitzer of the Fridley Police Department and Scott Hickok, Planning Coordinator, met with a group of local business owners. These owners represented a cross-section of the pawn shop and second-hand dealers in Fridley. The business owners discussed the proposed code modifications and concurred with staff's recommendation io prohibit such shops in the C-1 and CR-1 zoning districts. A map is attached for your convenience to illustrate the C-1 and CR-1 zoning districts in the City. Staff committed to discussing the issue further and to prepare an ordinance amendment for the Planning Commission and City Council. ' --• • __ . � The purpose of this amendment is to preserve the residential integrity of the area surrounding the C-1 and CR-1 zoning districts. The CR-1 zoning district was intended to serve as a transition befinreen residential properties and higher intensity commercial business uses. The C-1 zoning district was intended to provide convenient business opportunities to serve the convenience needs of the surrounding residential areas. The amendment will assure the intent of the C-1 district stays intact and that detrimental impacts to adjacent residential uses are curtailed. Allowing second-hand and pawn shops in the CR-1 and C-1 district would eliminate convenience commercial space which is�already limited in Fridley. The uses tend to have a wider market range (attract more people from greater distances) than the typical corner convenience grocery, laundry or dry cleaning store, or small repair shop. Therefore, there are potentially a greater number of vehicle trips, and a greater potentia! for ancillary uses such as outdoor display and sales, intensified lighting, intensified signage, etc. The second-hand and pawn shops, however, are very compatible with the regulations of the C-2, General Business and C-3, General Shopping Center Business districts. 2�.�2 Second Hand Dealer Shops and Pawn Shops September 18, 1997 Page 3 DISTINCTION BETWEEN PAWN SHOPS AND SEC'OND HAND DEALERS The difference between a pawn shop and a second-hand store is that a pawn shop is a person, corporation, partnership, or association whose business includes I nin ne , or who deals in the purchasing of personal property or other valuable items on condition of selling that property. A second hand dealer is a person, corporation, partnership, or association whose business includes selling or receiving items of personal property previously used, rented, owned, or leased. Chapter 31 of the Fridley City Code Strictly regulates pawn shops to assure that stolen goods are not being bought and sold. Currently there are finro pawn shops in Fridley. One shop is located on University Avenue, south of the Fridley Municipai Center, the other is in the Moore lake shopping Center. �Second-hand shops such as the second-hand children's clothing in the Holly Center, Tried and True Tools, and Ptay It Again Sports exist in the community as well. All of these stores mentioned are located either in a C-2, or C-3 district, unless otherwise permitted in an industrial district (Tried and True). PLANNING COMMISSION RE OMMENDATION Staff recommends that both the C-1 and CR-1 zoning districts be modified to prohibit second-hand shops and pawn shops. Further, staff recommends that the C-2, General Business and C-3, General Shopping Center zoning districts be modified to allow second-hand dealers and pawn shops as principal uses as regulated by Chapter 31 of the Fridley City Code. The recommended ordinance language has been attached for your convenience. RECOMMENDATION Staff recommends that the City Council concur with the Planning Commission recommendation. SH/dw M-97-394 20.03 ORDINANCg NO. AN OKDINANCE RBCODIFYING THE FRIDLSY CITY CODE, CHAPTER 205, ENTITLSD "ZONING". TO REGIII,p�Tg q•gg LOCATION OF PAWN SHOPS, PAWN BROICSRS, AND SECOND HAND GOODS DSAI,gRS. BY AMgNDING SECTIONS 205.13.02, 205.14.O1.A, 205.15.O1.A., � 205.16.02 The City Council of the City of Fridley does ordain as follows: 205.13 C-� LOCAL BIIgII,TggS DISTRICT REGUI,ATIONS �• USES EXCLUDED �y use allowed or excluded in any other district unless specificall allowed under Uses Permitted of this district are ex�lud��i ln �_L y Districts i •n b n limi d o: Daw� Gh r ° �'�*Nn brok rs . ac bv C 1^f t�e Fridle• i v dea��_3G dPf i nad lIl i v (' p �r7a �. 'a GP�n,,.at, � M n S at-A c,-a� � a��u �i z , 205.14 C-2 GENERAI, BIISINESS DISTRICT RgG III'.ATIONS 1. USES PERMITTED A• Principal Uses. The following are principal uses in C-2 Districts: �n d-fin d i*' Mir�n Gnta Stat g �tat„te a�� 2�. 205.15 C-3 GENERAL SgOPPING CSNTgR DISTRICr RgGULAT20NS 1• USES PERMITTED A• Principal Uses. The following are principal uses in the C-3 Districts: defin '"" �ii an � d in MinnP��+-� SrarP �r „_ r_�7i 92S 20.04 � Page 2 - Ordinance No. 205.16 CR-1 GENERAL OFFICB DISTRICT R$GULATIONS 2. USES EXCLUDED Any use allowed or excluded in any other district unless specifically allowed under Uses Permitted of this district are excluded in CR-1 Districts�_includina b�r no limi o pawn shops pawn brok r� as regulated bv Chan�Pr 31 of th Fridley City Code and sec�ndhanc� goods �alers as defined Minneso a State Statute 471 92 _ PASSED AND ADOPTSD BY THB CITY COUNCIL OF TH$ CITY OF FRIDLEY THIS DAY OF , �997. ATTEST: , WILLIAM A. CHAMPA - CITY CLERK NANCY J. JORGEI�TSON - MAYOR Public Hearing: September 22, 1997 First Reading: Second Reading: Publication: 20.05 i CITY OF FRIDLEY PROJECT SUMMARY DESCRIPTION OF REQt E�T• The City of Fridley is processing a rezoning request to rezone property generally located at the northeast comer of the intersection of 61 � Way and East River Road from R-3, General Multiple Family Dwelling to R-1, Single Family Dwelling: The area to be rezoned is approximately 3.1 acres. SUMMARY OF ISSUES• In 1984, the City approved a rezoning request from R-1, Single Family Dwelling to R-3, General Multiple Family Dwelling and a plat entitled "Loft Homes of Fridley" in order to allow construction of 28 rental townhomes. The approvai required the developerto sign an agreement and to perform certain activities. The developer failed to meet the provisions of the development agreement and on July 14, 1997, the City Council adop�ed a resolution declaring the agreement null and void, and directing staff to rezone the subject property from R-3 to R-1. There is no proposed development at this time for this properly. The R-1 zoning is compatible with adjacent zoning. A future development will harre to comply with the zoning district regulations, be they R-1 or R-3. This is the only vacant residential property zoned for muttiple family dwellings. �NNING COMMISSION A TION• The.Planning Commission, on a 3:2 vote, recommended denial of the request for rezoning. The Commission felt that the site should remain as if is curren#ly zoned given its location near an industrial area and the railroad. . �ITY CC�UNCIL RECOMMENDATION In order to comply with the original intent of the 1984 action, staff recommends that the City Council recommend approval of the rezoning request. It should be noted, however, that because of the parcel's location at the northern edge of an industrial area, the site would be a good location for higher density development. 2�.� � Project Summary ZOA #97-03, by the City of Fridley Page 2 Petition For: Location of Property: Legal Description of Property: Size: Topography: Existing Vegetation: Existing Zoning/Platting: Availability of Municipal Utilities: Vehicular Access: Pedestrian Access: Engineering Issues: Comprehensive Planning Issues: Public Hearing Comments: PROJECT DETAILS � A rezoning of property from R-3, General Multiple Family to R-1, Single Family. 61 �` Way and East River Road Lots 3- 21, Block 20, Fridley Park 3.1 acres Flat Weeds R-3, General Multiple Family; Fridley Park, 1886 61 � Way, 61 %z Way 61 �` Way, 61 %z Way, Ashton Avenue N/A N/A ' The zoning and Comprehensive Plan are not consistent in this area (medium density residential versus low density residential). To be taken. 21.02 Project Summary ZOA #97-03, by the City of Fridley Page 3 WEST: SOUTH: �I: N RT : ADJACENT SITES: Zoning: R-1, Single Famity Zoning: M-1, Single Family Zoning: Railroad Zoning: R-1, Single Family Site Planning Issues: E E Land Use: Residentiai Land Use: Industrial Land Use: Vacant Land Use: Residential The City of Fridley is processing a rezoning request to rezone property generally located at the. northeast comer of the intersection of fi1� Way and East River Road from R-3, General Multiple Family Dwelling to R-1, Single Family Dwelling. The area to be rezoned is approximately 3.1 acres. � � � � •► ■ •� The subject property is located in the northeast comer of the intersection of 61 � Way and East River Road. It is currently vacant and is zoned R-3, General Multiple Family Dwelling (rezoned in 1984). The property was platted in 1886, and was zoned R-1, Single Family Dwelling from 1962 -1984. In 1984, the City Council approved a preliminary plat entitled "Loft Homes of Fridley" which was never recorded. This plat would have allowed the construction of seven four-unit dwellings, 28 units total. The petitioner at that time, Robert DeGardner, executed an agreement with the City as part of the overall development requirements. The developer did not fulfill the items enumerated in the development agreement. The City Council on July 14, 1997 adopted a resolution declaring this development �greement void, and directing staff to take the steps necessary to rezone the property back to R-1, Single Family Dwelling. ANALYSI� Prior to the City approving a rezoning request, three criteria must be met. Those criteria are: 1. Compatibility of the proposed use with the proposed district. 2. Compatibility of the proposed district with adjacent uses and zoning. 3. Compliance of the proposed use wi#h the proposed district requirements. 21.03 Project Summary ZOA #97-03, by the City of Fridley Page 4 Compatibility of the proposed use with the proposed district The property is currently vacant. There are no development proposals at this time for the property. If approved, any future use will need to comply with the R-1 zoning district requirements. Permitted uses in the R-1 district are single family dwellings. Uses permitted with a special use permit in this district include churches, private schools, daycare centers located in churches or schools, hospitals, clinics, nursing homes, convalescent homes, and homes for the elderly, private non-profit golf courses or country clubs, utility companies, and automobile parking lots for off-street parking spaces for an adjacent use. Compatibility of the proposed district with adjacent uses and zoning The surrounding zoning districts include R-1, Single Family to the west and north; vacant railroad property to the east; and recently-rezoned property of M-1, Light Industrial to the south. Located across 61St Way to.the south is a small office building which will be connected to a 30,000 square foot warehouse for the distribution of pipe insulation. R-1, Single Famiiy zoning is compatibie with the adjacent R-1 zoning to the west and to the north; however, the R-3 zoning district would provide better "buffering" between the M-1, Light Industrial and the R-1, Single Family. Buffering in a multi-family dwelling development is a benefit that common ground ownership provides. A landscape plan combining berm and landscape could provide a visual barrier befinreen the higher intensity industrial and residential developments. This "buffering" will not be available if the property is rezoned to R-1, Single Family. This property of approximately 3.1 acres is the only vacant property zoned R-3, Multipte Family. This is an oppo�tunity to provide a location for development of multiple family housing which could provide a different housing style for the community. Compliance of the proposed use with the proposed district requirements As stated earlier, there is no development proposal at this time for this property. If this request is approved, a future development would be required to meet the R-1, Single Family zoning district regulations, unless a rezoning is requested. The underlying plat of Fridley Park provides adequate lot areas for 9,000 square foot lots for seven single family dwellings. The property would need to be appropriately subdivided to accommodate this type of development. PLANNING COMMISSION ACTION• The Planning Commission, on a 3:2 vote, recommended denial of the request for rezoning. The Commission felt that the site should remain as it is currently zoned given its location near an industrial area and the railroad. 21.04 Project Summary ZOA #97-03, by the City of Fridley Page 5 r • _ ;_ •u� �.. . in order to comply with the original intent of the 1984 action, staff recommends that the City Council recommend approval of the rezoning request. It should be noted, however, that because of the parcel's location at the northem edge of an industrial area, the site would be a good location for higher density development. 21.05 � �/J STATE OF MIN��ESOTA CITY OF FRIDLEY In the tQatter of rezoning for a new plat, Loft Nomes of Fridley Ordinance #817 CITY COUNCIL PROCEEDINGS Maynard Nieison . Owner Robert DeGardner ��?��.� REZONING The above entitled matter came before the City Council of the City of Fridle and was heard on tfie y for rezoning pursuant to t e Citydof�Fr�d eymseroning Ordina nce, fora following described petition property: the That part of Lots 3 and 21, not taken for highw�y pur oses a 6> >> 8, 9, 10, 14, 15, 16, 17, 18, 19 and:20, Blockp20 Fridl yaparkf �-ots 4, 5, IT IS ORDERED that a rezoning be granted as upon the following conditions or reasons: See Council minutes of September 24, 1984 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF FRIDLEY ) ) ss. ) OFFICE OF 7HE CITY CLERK I, Sidney C. Inman, City Clerk for the City of Fridley with and in for said Cit oT rridiey, do hereby ceri�fy that I have compared ihe ioregoing �oNy a�� p��ry granting rezonang with the original r�ecord thereof preserved in rtly office, and have found the same to be a correct and true transcript of the whole thereof. IN TESTI�IONY WHEREOF, I}�� ereunto subscribed r�y hand at the City of Fridley, Minnesota, in the Cauniy of l�noka oR ihe ��,� day of �j�� , 19�� DRAFTED BY: City of Fridley 643i University Avenue N.E. Frid7ey, MN 55432 � SIDNf C. MAN,.CIT-Y GLERK - , � � �. ..s::.. _ , _ ;, �. � . . � .. --�; . .� � •� - �` a"" _ . . , *'"•, � �J- l , ":`, ., .��• � •�i ` � . .' - ' . - . `� . . � _.� � . . .. . . Z1.O6 �:,� ,, (SEAL): �� . , . .� ' -. �_'"{- . certainly be checked MOTION by Councilman Fi Councilman Barnette. U the motion carried unan 5 further. trick to close the public hearing. Seconded by a voice vote, all voting aye, Mayor Nee decl ared �ly and the public hearing closed at 8:45 p.m. 4. PUBLIC HEARING ZOA #84-0? TO RE2oNF LOTS BETWEEN ASHTON AND EA�T RIVEFt BOAD FROM R-1 TO R� BY ROB RT DgCAR11NF'R MOTZON by Councilman Barnette to �aive the reading of the public hearing notice and open the publie hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, !layor Nee declared the motion carried unanimously and the public hearing opened at 8:46 p.m. Mr. Flora, Publie Works Director, stated this is a request to rezone property from R-1 to R-3 betveen Ashton and East River Road on 61st and 61-1/2 Way N. E. Mr. Flora stated the petitioner plans to construct 13 four-plex units xith each unit being a little over 600 square feet. He stated what is proposed is the loft home concept which would cater to single persons and couples. Mr. Flora stated Lhe Planning commission reviewed this rezoning requeat and s+as concerned about the density in this area, and the plan was not a family development and that the development didn't f it in With the neighborhood, and recommended denial. Mr. De Gardener, the petitioner, stated he has a similar development in Coon Rapids and 80 to 90x of the persons buying these lof t homes are single or couples, therefore, he did,n�t feel this Would add to the density. Mr. DeGardner stated he felt this site �as ideal because it Wou1d be a buffer betxeen single family homes and industrial, and felt the location xas appropriate for multiple units. A dra�ing �as presented Which outlined the location of the proposed 13 four-plex units. Mr. DeGardner stated these are deluxe units �ith patios, oak WoodWOrk, air conditioning, and all appliances and affordable at �39,900. Mr. DeGardner stated if they obtain VA financing, not over 5x of the units can be sold to investors. Mayor Nee asked Mr. DeGardner if he would be interested in Just constructing the portion south of 61 1/2 Way, and if garages Would be �orked into the plan. Mr. DeGardner stated he Wouldn�t have any objection to doing only a portion of xhat was proposed and garages Would be provided at an additional cost of �3,500 per unit. Mr. DeGardner stated Mr. Nielson, the oWner of the property, had visited with most of the people in the neighborhood and had favorable response and didn't realize they Would have any problem at all �ith the residents -6- 2 �.07 r � ,� , � ,� ; .:� opposing this development. Hr. Soj, b5 61-1/2 ilay, stated Mr. Nielson talked to him about this development and he �►ent to see the one in Coon Rapids. He stated he didn't realize they would be 28 to 29 feet high Which xould block sunlight and air from his home. He stated he felt this development xould also create a traff ic problem on Ashton. He stated the driveWays would be across the street from his home and garage. Mr. Roger Berkholz, 6t03 East River Road, stated the living room and bedroom face 61-1/2 Way and the garages for this development Would be across from the living and bedroom area of his home. He stated he f elt single f amily homes should be p��t in this area. Mr. Ed Ksolihowski, 35 6?nd Id2y� g�ated there are neu homes across the railroad tracks from him and felt single family homes should be built on this property. Mr. DeGardner stated this project would create a�2,000,000 tax base for Fridley and the school district. He pointed out a lot of cities are buying industrial buildings and selling them to developers for �1.00 in order to create a Lax base. Mr. Larry MeWhorter, 39 62nd Hay, stated he Was opposed to the rezoning because of the density. He stated if this development goes in, Ashton would have to be Widened. He stated he didn't trant Lhis development across the street from his home. Mrs. Betty Berkholz, 6103 East River Road, stated she xas concerned about the children. She felt ahere there are single people living, they probably are going to have parties and didn't like the element of persons Who Would be moving into these homes. She stated she Was in favor o�' single family homes to enhance the neighborhood since it is noK a quiet neighborhood. Mr. Me�horter stated the Planning Commission stated Fridley has more than enough loW income housing and understands these Would be considered low income housing. Mr. Nielson, 7144 Rivervie�► Terrace, stated these �rouldn�t be considered low income because you Would need to make at least �18,000 in order to qualify. He stated, as far as the noise, there Would be an association and he didn't feel they �rould �ant this either. Councilman Fitzpatrick stated this is an area that simply hasn�t developed over all these years it has been zoned R-1. He stated it seems some kind of buffer is ultimately going to happen rather than single family dWellings. Mr. DeGardner stated he has been developing land for 20 years and there is a real demand for single family lots. He stated Lhis area isn't a decent area for single family homes and if it ever developed for single family units, it -7- 21.08 5 � r 5. SH C � � r � � �� : �: probably Would be lo�r income housing. He stated right noW this is the best j market to sell lots for single family homes and if the land was marketable for this use, he Would build them. Nr. Nielson stated he has talked to several realtors regarding this property and none of them Wanted to get involved With single family homes in this area. Mr. Berkholz stated �rhen East River Road was �idened, all kinds of fill vas hauled into this property including trees, stumps, oil and grease, etc. He felt they Would have problems building considering What has been used for fill. No other persons in the audience spoke r�garding this rezoning request. MOTION by Councilman Fitzpatrick to clos�� the public hearing. Seconded by Councilman Hamernik. Opon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing elosed at g:30 p.m. MOTION by Councilma Schneider to waive the read.ing of the public hearing notice and open the blic hearing. Seconded by Councilman Hamernik. Upon a voice vote, all vo ing aye, Mayor Nee declared the motion carried unanimously and the pub ic hearing opened at g:31 p.m. Mr. Flora, Public Works irector, atated a request was received.f rom_ � NorthtoWn Cable Television to raise their basic service rates from a7.50 to �10.00 and raise their addi onal outlet rate from �1.50 to a3.OD. He stated Lhe franchise requi s the cable operator to submit any request for rate inereases to the Counc 1. Mr. Chris Wegemer, Manager of Sto er Cable, stated �500,000 �ras recently spent to upgrade the system. He s ted they face a loss this year and it is for this reason they are requesti g the rate increase. He stated most persons are paying $S.00 for additio 1 outlets and they have requested an. increase to �3.00. Mr. Jim Erickson, legal consel�repre nting Storer, stated they have submitted documents to sustantiate this ate increase. He stated there hasn't been a rate inerease in Fridley s ce 1978 and the increase �aill bring the basic service in line With other ties in the T�in Cities area. He stated this increase still doesn�t bri the system to a profitable situation. Hayor Nee stated he was interested in having �is processed through the Cable Television Commission. Hs. Barbara Hughes, Chairman of the Cable Commissio stated the Commission xould meet on Thursday and xould revie� this req st and for�rard their recommendation to the Council. � L 21.09 PLANNItJG COMMISSION MEETING, MAY 9, 1984 PAGE 3 . Robinson stated this property was located on 3rd St, north of 58th Ave. M Andrajack was proposing a second accessory bui7ding, the first one bei an attached garage. The second accessory building will be located in the re yard. It would be approx. 528 sq, ft, with a 3 ft. side yard� setback d a 5 ft. rear yard setback. This meets city code. He stated the only r� uirement would be that the driveway up to the new garage be paved. ' Ms. Schnabel ask� the petitioner, Mr. Andrajack, if he had any comments to make regarding i�ys request. Mr. Andrajack stated he�.�ad no problem with paving the driveway. He stated the only change to his re est was tfi e width of the garage from 22 ft, to 20 ft. He stated they wi71� ontinue to use the existing attached garage as a garage. MOTION BY MR. SABA, SECONDED BY M�SVANDA, TO CLOSE THE PUBLIC HEARING ON SP #84-06 BY EDWARD ANDRAJACK. UPON A VDICE VOTE, ALL VOTING AYE, CFIAIR SCHNABEL DECLARED THE PUBLIC HEARING CLOSED AT 7:55 P.M. MOTIOiN BY MR. KONDRICK� SECONDED BY MR. SVANDA, O RECOMMEND TO CITY CDUNCIL APPROVAL OF REQUEST FOR A SPECIAL USE PERMIT, SP 4-06, BY EDWARD ANDRAJACK� PER SECTION 205.07.1� 3, A OF THE FRIDLEY CITY COD TO ALLOW THE CONSTRUC- TION OF A SECOND ACCESSORY BUILDING, A 20 FT. BY 24 F DETACHED GAR.3lGE, ON LOTS 7 AND 8, BLOCK 22� HYDE PARK, THE SAME BEING 5832 STREET N.E., WITH THE STIPULATION THAT THE DRIVEWAY TO THE NEW STRUCTU BE PAVED. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLA THE MOTIDN CARRIED UNANIMOUSLY. Ms. Schnabel stated this item wou7d go to City Council on May 21, 1 3. PUBLIC HEARING: REZONING RE UEST, ZOA #84-02, BY ROBERT D. DEGARDNER: ezone rom - one am� y e ings to -3 genera mu tip e wellings) part of Lots 3 and 21, not taken for street purposes, and all of Lots 4, 5, 6, 7, 8, 9 and 10, and Lots'14, 15, 16, 17, i8, 19 and 20, 81ock 20, Fridley Park; and parts of Lots 3 and 24, not taken for street purposes, and all of Lots 4, 5, 6, and 7 and l9,_20, 21, 22 and 23, Slock 19, Fridley Park, to allow the deve7opment of a 52-unit condominium complex between East River Road and Ashton Avenue on 61st and 61 1/2 Way N.E. MOTION BY MR, KONDRICK, SECONDED BY MS. GABEL, TO OPEN THE PUBLIC HEARING ON ZOA #84-02 BY ROBERT D. DEGARDNER. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE PUBLIC HEriRING OPEN AT 7: S S P.M. 27.10 5 II 5J PLANNIP�G COMI�IISSION MEETING, MAY 9, 198q PAGE 4 Mr. Robinson stated the property was bordered on the south by 61st Ave., Ashton on the east, East River Road on the west, and 62nd W�y on the north. The prpperty is surrounded by railroad property on the east, ]ight industrial on the south, Stevenson School on the southwest, and single family. The rezoning request is for a change from R-1 to R-3. Mr. Robinson stated the reason for the rezoning to R-3 was for the creation of 13 four-plex type units (one-bedroom Loft Homes) attached at the corners. There would be a central green space, also green space surrounding the buildings, with parking, Ms. Schnabe7 asked how wide the lots were in this area. The petitioner, Mr. Robert DeG�rdner stated these are �0 ft, lots, They would have to put two toge�her to make one buildable lot. Mr. DeGardner stated he has ]ived in Fridley for 16 years and has built about 25 homes in Fridley over the years. He stated Mr. Maynard Nielson owns the property, and Mr. Nielson asked his opinion about this property. Mr. DeGardner stated he looked at the site and fe7t the property was not feasible for single family homes with light �ndustrial, the railroad tracks, and sor�e poor soi7 conditions. Mr. DeGardner stated he currently has three quad projects in Coon Rapids. He is proposing the Loft Home concept for this site. Loft Homes caters to single people and couples. It is a totally new concept. He stated the buildings are connected at the corners to make a nice garden apartment. Every apartment is ground level with patios, quality built, oak woodwork throughout, air conditioning, all appliances, and very affordable at $39,900. Mr. DeGardner stated that in looking at the site, he felt this was the most practical way to develop it. These buiidings would make a nice buffer.between the light industrial and the single family. Mr. Kondrick asked what the square footage was for each apartment. Mr. DeGardner stated each apartment was a little over 600 sq, ft, overall, which included a 16' x t2'loft bedroom which is open to the living room. Ms. Gabel asked if Mr. DeGardner would sell a block of these apartments to an investor who would rent out the units. Mr. DeGardner stated if they get VA financing,they are limited to 59�. He stated they should have no probTem selling the units individually. There are investors who would like to buy these blocks, but the units would be rentals and there would be an association so it would not be like other apartment renta�s. 21.11 5 !; PLANNI�•JG COMP4ISSION MEETING, MAY 9, 1984 PAGE 5 Ms. Schnabel stated she did visit the Loft Homes in Coon Rapids and spent some time with the salesman there. From what the sa7esman told her, this last weekend there was an open house and about 150 people cane out. Of those people who had children, they all turned away, as they did not feel the units were appropriate for families. The salesman said that of the units that were up, a]1 were sold but two and he expected to se71 them soon. Then the second phase of construction wou7d start. Most of the people buying these units are single people rather than couples. Ms. Schnabe7 stated the units were very attractive and appeared to be of __ good quality. The salesman stated the monthly maintenance fee the first year would be $23/month and $28/month the second year. Each unit contained a stove, refrigerator, dishwasher, garbage disposal, washer/dryer/ 30 ga7. hot water heater, insulation acceptable in terms of R value, electric heat, with heat efficient fireplace. There was a lot of selection in terms of carpeting, ti7e, etc. Ms. Schnabe] asked if there was anyone in the audience who would like to make any comments about this rezoning request. Mr. Larry Newhorter, 32 - 52nd Lane, stated he has ]ived across the street from this property �or 71 years. Ne stated when 61st and the stop light by Stevenson School were put in, the area was filled with concrete. When Park Construction was digging up I-94, they dumped in clay, mud and concrete. He did not know how Mr. DeGardner could bui7d on this: property with all the clay and concrete in there. Mr. Newhorter stated this property was zoned R-1 when he moved in 11 years ago, and he did not want any multip7es across-the street. He was also con- cerned about the height of the units. They would not match with the houses in the area. He stated these units are built for 1-2 people, bu-t he could easily see a couple with a child living there: He would like to see single family homes on the property. In digging footings for a house with a base- ment, they would probably hit sand, but he did not know if they could lay a slab on top of the peat. Mr. Richard Soj, 65 - 612 Way N.E., stated he has lived in his home for 21 years. He stated he has a walkout basement on the east side bf his house. Nis concern was drainage into his yard and basement if this develop- ment went in. He also felt these buildings were too high to have across the street from residentia7. Ms. Schnabel stated any project that is developed is designed to contain water within its own development, so there should not be any drainage onto any other proFerty. Ms. Betty Rae Berkholz, 6103 East River Road, stated she was concerned about the children. She felt that when there are single peop7e living in a home, they are probably going to have parties. She stated this is a quiet neigh- borhood, and she would feel very uncomfortable because they do not know what kind of element would 6e moving in. She also felt there would be a considerable amount of turnover of ownership of these units as people get ma rri ed and move to 1 arger horr� 1_ � 2 5L PLANNING COM��ISSION MEETING, MAY 9, 1984 _ PAGE 6 Mr. Ed Ksolihowski, 35 - 62nd Way N.E., stated he owns 32 lots here. He stated he was against the project, and would like to have sing7e family homes on this property. Mr. DeGardner stated that whether multi or single family homes are built on this site, there will have to be soil preparation. He felt single family F�omes were out of the question for the reasons mentioned earlier. With multi, they can get more units per acre; therefore, they can afford to do some soil preparation. As far as drainage, they wi]1 work closely with the people and the City to handle the drainage on site. He stated he would be willing to sit down with the neighbors to try to resolve the concerns expressed by the neighbors. Mr. Minton asked how long Mr. Nielson had.owned the property and if.he had attempted to deve7op the property before. Mr. Nielson stated he has owned the property for 7 years. He stated he had considered doubles and single family homes, but because of the financial situation, these have not worked out for him. When he met with Mr.. DeGardner, tF�ey both felt this was the best plan for the property. Mr. Robinson stated if the property was rezoned to R-3, Mr. DeGardner would be allowed 20� lot coverage. The proposed plan is for 16% lot coverage. He would need a minimum of 35� green space, and the proposed plan cdlls for 56q green space. Mr. Robinson stated one concern would be that this proposed plan is not consistent with the City's Comprehensive Plan. If the Planning Commission recommended approval of the rezoning, the Comprehensive Plan would have to be amended through the Metropolitan Council. Mr. Oquist asked about a garage requirement. Mr. Robinson stated the code does not require garages for apartment buildings. The City does require 12 stalls per one bedroom unit. Mr. DeGardner stated garages can be provided if people want one, so those options can be built into the.plan. MOTION BY MS. GABEL; SECONDED BY MR. SABA, TO CLOSE THE PUBLIC HEARING ON ZOA #184-02 BY ROBERT D. DEGARDNER. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRY�OMAN SCHNABEL DECLARED THE PUBLIC HEARING CLOSED AT 9:00 P.M. Ms. Gabel stated she was concerned about the density. Mr. Oquist stated he was also concerned about the density and the type of project this is. He stated a good point was made by one of the neighbors that single people do have a tendency to have parties. It could become a problem area. He stated it was fine to have low to moderate income housing 21.13 5 �� PLANNING COMMISSION MEETING, MAY 9, 1984 PAGE 7 for singles, but the City also needs to be considering low to moderate income housing for families. This is not a family development, so he did not think the low to moderate income was a positive issue here. Mr. Saba stated he thought traffic was an issue. He really felt this development did not fit into this neighborhood. He stated the Loft Home concept was very interesting and it may fit very well somewhere else, but not here. MOTION BY MR, KONDRICK, SECONDED BY MR, OQUIST, TO RECOMI�IEND TO CITY COUNCIL DENIAL OF REZONING REQUEST, ZOA �84-02, BY ROBERT D. DEGARDNER, TD REZONE FROM R-Z (ONE FAM.2LY DWELLINGSJ TO R-3 {GENERAI; M17LTIPLE DWELLINGS) PART OF LOTS 3 AND 21, NOT TAKEN FOR STREET PURPOSES, AND ALL OF LOTS 4, 5, 6, 7, 8, 9, AiVD 10, AND Z,OTS 14, 15, Z6, I7, 18, I9 ,�ND 20, BLOCK 20, FRIDLEY PARK; AND PARTS OF LOTS 3 AND 24, NOT TAKEN FOR STREET PURPOSES, AND ALL OF LOTS 4, 5, 6, AND 7 AND Z9, 20, 21, 22 AND 23, BLOCK I9, FRIDLEY PARIC, TO ALLOW THE DEVELppMENT OF A 52-UNIT CONDOMINIUM COMPLEX BETWEEN EAST RIVER ROAD AND ASHTON AVENUE ON 61ST AND 61 1/2 WAY N.E. Ms. Schnabel stated she also thought the concept of this deveiopment was excellent, and she commended Mr. DeGardner for bringing it to the City of Fridley; however, she also felt this was the wrong area for this type of development. In the proper location, this type of development made very nice homes for people with certain needs. She stated she was very impressed with the units when she saw them in Coon Rapids. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. PUBLIC HEARING: CONSIDERATION OF A PRELIMINARY PLAT, P.S. �i84-03, LOFT S I , ER . G ER: Being a Rep at of parts of ot an 24, not taken for street purposes and Lots 4, 5, 6, 7, 2g, 2p, 21, 22` d 23, Block 19, Fridley Park; and parts of Lot 3 and 21, not taken for stree urposes, and all of Lots 4, 5, 6, 7, 8, 9, 10, 14, l5, 16, 17, 18, 19, and Block 20, Fridley Park, to allow the development of a 13 4-unit condomini` complex between Ashton Avenue and East River Road on 61st and 61 1/2 Way N.E:`�, MOTION BY MS, GABEL, SECO BY MR. SABA, TO OPEN THE PUBLIC HEARING ON P.S. l{84-03 BY ROBERT D. DEG �ER. UPOlJ A VOICE VO?'E, ALL VOTING AYE, C RWOMAN SCHNABEL DECLARED THE PUBLIC HEARING OPEN AT 9:05 P.M. � Mr. Robinson stated they are basically talkin%�� _bout two parcels of land-- 3.08 acres combined. The proposal is for eight nit garden Loft Home apartments on the southerly portion and five 4-unit den Loft Home apart- ments on the northerly portion. Mr. Robinson stated Staff's biggest concern was the lot covera Because it is a difference concept, it does not quite fit into anything t' have in the Zoning Code in terms of interpretation. If these were considere 21.14 MEMOR.ANDUM PLANNING DIVISION DATE: September 17, 1997 TO: V4illiam Bums, City Manager �� FROM: Barbara Dacy, Community Development Director Scott J. Hickok, Planning Coordinator SUBJECT: First Reading of an Ordinance Regarding Second Hand Stores and Pawn Shops The Planning Commission conducted a public hearing regarding rezoning request, ZTA #97-01, on September 3, 1997. No public attended the hearing and the Commission unanimously recommended approval of the request. '- � i�-�•. • Sfaff recommends that.the City Council approve the first reading of the attached ordinance prohibiting second hand stores and pawn shops in the CR-1, General Office and G1, Local Business Districts and allowing both uses as pertnitted (in accordance with City Code Chapter 31) in the C-2� General Business and C-3, Generai Shopping Center Districts. M-97-395 22.01 ORDINANCB NO. AN ORDINANCL RECODIFYING THE FRIDLEY CITY CODE, CHAPTBR 205, }3NTITLED �ZONING", TO REGULATE THE LOCATION OF PAWN SHOPS, PAWN BROICERS, AND SECOND HAND GOODS D$ALBRS, BY AMENDING S$CTIONS 205.13.02, 205.14.O1.A, 205.15.O1.A., AND 205.16.02 ' The City Council of the City of Fridley does ordain as follows: 205.13 C-1 LOCAL BUSINESS DISTRICT REGULATIONS 2. USES EXCLUDED Any use allowed or excluded in any other district unless specifically allowed under Uses Permitted of this district are excluded-in C-1 Districts, includinQ, but not limited to• pawn shon� �awn bro]cers as reaulated bv Chapter 31 of the Fridley City Code and �nnr9h nd goods deal ers as defin d in MirLne ota Sta at>>tP 471 2. 205.14 C-2 GENERAL BIISINSSS DISTRICT RBGULATIONS 1. USES PERMITTED A. Principai Uses. The following are principal uses in C-2 Districts: • .. ._ � . . - -- -•� - -. . _. - . - ._- ..- . - .�. . .... .- - .- -. - . - - 205.15 C-3 GENERAL SHOPPING CENTLR DISTRICT REGULATIONS l. USES PERMITTED A. Principal Uses. The following are principal uses in the C-3 Districts: (3) Pawn shon�pawn brokers as regulatP�3 by ChaptPr 31 of the Fridley City Code and se ondhand goods dealers as defined in Minnesota S ate Sta � P 471 925. 22.�2 Page 2 - Ordinance No. 205.16 CR-1 GBNERAL OFFICB DISTRICT REGIILATIONS 2. USES EXCLUDED Any use allowed or excluded in any other district unless specifically allowed under Uses Permitted of this district are excluded in CR-1 Districts, including but not limited to• pawn shoas gawn brokers as �gL�arP�3 by Cha.�ter 31 of the Fridl�y City Code and seconcLhand goods dPalers as defined Minnesota State Statute 471 925. PASS$D AND ADOPTLD BY TFiI3 CITY COIINCIL OF TH8 CITY OF FRIDLBY THIS DAY OF , 1997. NANCY J. JORGENSON - MAYOR ATTEST: WILLIAM A. CHAMPA - CITY CLERK Public Hearing: Segtember 22, 1997 First Reading: Second Reading: Publication: 22.03 MEMORANDUM I�EVELOPMENT DIRECTOR DATE: September 18, 1997 TO: _ Wiiliam B m � u s, City Manager� FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator • Michele McPherson, Planning Assistant � � SUBJECT: First Reading of an Ordinance Approving a Rezoning, ZOA #97-03, by the City of Fridley; Generally Located at the Northeast Comer of 61 �` Way and East River Road The Planning Commission conducted a public hearing regarding the rezoning request at its September 3, 1997 meeting and unanimously recommended approval of the request. RECOMMENDATION Staff recommends that the City Council approve first reading of the attached ordinance rezoning property generally (ocated at the northeast comer of 615t Way and East River Road from R-3, Ge�eral Multiple Family Dwelling to R-1, Single Family Dwelling. MM/dw M-97-396 23.01 ORDINANCE NO. ORDINANC$ TO AMEND TIiS CITY CODE OF THS CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANG$ IN ZONING DISTRICTS The Council of the City of Fridley does ordain as follows: SECTION 1. Appendix D of the City Code of Fridley is amended as hereinafter indicated. SECTION 2. The tract or area within the County of Anoka and the City of Fridley and described as: Lots 3 and 21, not taken for street purposes, and all of Lots 4 through 10 and 14 through 20 of Block 20, Fridley Park, as recorded at the Office of the Anoka County Recorder, generally 7.ocated at the northeast corner of 61a` Avenue and East River Road. Is he�reby d�signated to be in the Zoned District R-1, Single Family Dwelling. SECTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or area to be rezoned from Zoned District R-3, General Multiple Family Dwelling to R-1, Single Family Dwelling. PASSF3D AND ADOPTED BY THL CITY COUNCIL OF THE CITY OF FRIDLSY THIS OF , 1997. _ ATTEST: WILLIAM A. CHAMPA - CITY CLERK Public Hearing: First Reading: Second Reading: Publication: n September 22, 1997 23.02 NANCY J. JORGENSON - MAYOR ��: � �' � L e vwv nE � wnr nE , 1___L_1_y� Q1VWV PF r �� 1 � ' 1 � , ��,�� ; T1 ' F�1 1 1 , ez wnv r� � '1 �� -- ' � �.�1!�� iiriii�� 1 � �' � � --_ ;: �i1�� G�1� m� � QWa6STPE �� : 0 1�1 - Q,e Farriy urits � f�2 - Two Farrily lAtits � R-3 - C�eneral Mitiple Urits � R 4- Nbbile hbrrie Parks - PUD - Plarned Urit Developrr�ent S, -�� sz - �o�►,�,� n�c C] c'I � - Local a,sir�ss [� G2 - C'�r'al Bisiness � G3 - Cxner-al SFx�pping � GR7 - General Office 0 n�, - us►� i„a�►;� � nn�2 - �y i�,d�� - Ah3 - Outcloor Intensive Heanry Ind. � RR - F�ilrneds � P - Publi� Faci�ities p wa�t � rzc�rr� wnY � , �. ' ��_. �.� � ' � ' ' - 1- ' 't / . 'Z�,� , � ' ' ' ' � f _ / / / . . . _ �- Rezoning Request, ZOA #97-03 A req�t by the Gty of Fridey, to 1'@ZOCIe Pt"�I'�j/ CUIT2tl�l�/ ZOCI@d multiple farr�ly duv�elling to single farnily dw�elling. The property is located east of East River Road and betvu�een 61 st Avenue and 61 st Way. 23.03 � � � � 2 � 6/ AVE IE � ,,� � � �� v paE7 U4 fE �� r � �� : �� r�t ��= �.�$�s',� :Y'=' .. - � �` : a� �. "A � ^ s ; —_-: . _ N A I Con'piled arxl d'-au�n from official reoo�r�ds taased reoo Ofl Q'C�f18►10(' ND. 70 8ftd ZAf11f19 ��V@ date 1/27/56 �ogether with atl amerxing ordr} arioes adonted arid effec:tive as d 2J171'97. The City of Fridey has taken every effat to pro- vide ttte rrtost up-to-date ir�ormation av2ilable. The clata pre.�rted here is subjed to diar�ge. The City of Fridey will not be respa�sible for irrforeseen errors or usage of tF�s doament.