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10/27/1997 - 4800� OFFICIAL CITY COUNCIL AGENDA COUNCIL MEETING OCTOBER 27, 1997 ' cinror FIZIDLEY FRIDLEY CITY COUNCIL MEETING ATTENDENCE SHEET Monday, Uc.iobe�r. 27, 1997 7:30 P.M. PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN ITEM PRINT NAME (CLEARLY) ADDRESS NUMBER � � CfTY OF FRIDLEY FBIDLEY CITY COUNCIL MEETING OF OCTOBEB 27,1997 The City of Fridley will not discriminate against or hazass anyone in the admission or access to, or treatment, or employment in its services, programs, or activiries because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodarion will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persoas who need an interpreter or other persons with disabiliries who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. APPROVAL OF MINUTES: City Council Meeting of October 13, 1997 APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: Second Reading of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA #97-04, by Bolton & Menk on behalf of Friendly Chevrolet to Rezone Property Generally Located at 7501 Highway 65 N.E.) (Ward 2) ............... 1.01 -1.03 _-� FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 1997 APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS (CONTINUED� Second Reading of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA #97-05, by Dolphin Development and Construction Co., Inc., to Rezone Property Generally Located at 73rd and University Avenues) (Ward1) ............................... Second Reading of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Making a Change in Zoning Districts (by Frank Masserano, III, to Rezone Property Generally Located at 63rd Avenue N.E. and East Moore Lake Drive) (Ward 2) Page 2 . . . . 2.01 - 2.02 ............... 3.01 -3.02 Resolution Changing Date of City Council Meeting from December 15, 1997, to December 8, 1997 (Tabled October 13, 1997) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.01 - 4.02 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 1997 Page 3 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: First Reading of an Ordinance Amending Chapter 602, "Beer Licensing," of the Fridley City Code, to Delete the Word "Non-Intoxicating" and Replace it with "3.2 Percent" and to Amend Section 602.05.01.C; and, Authorize Publication of Official Title and Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.01 - 5.11 Receive the Minutes of the Planning Commission Meeting of October 15, 1997 ....................................6.01-6.37 Approve Agreement Between the City of Fridley and the Anoka County Housing and Redevelopment Authority for the 1997 Community Development Block Grant Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7.01 - 7.04 Resolution Supporting Designation of the Mississippi River as an American Heritage River. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8.01 - 8.03 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 1997 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED� Page 4 Resolution Ordering Preliminary Plans, Specifications and Estimates of the Costs Thereof: Street Improvement Project No. ST. 1998 - 1 . . . . . . . . . . . . . . . . . . . . . . . . . 9.01 - 9.03 Approve Joint Powers Agr-eement Between the City of Fridley and the County of Anoka for the Reconstruction of 57th Avenue Between T.H. 47 and Main Street (Ward 3) . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.01 - 10.09 Resolution Ordering Preliminary Plans, Specifications and Estimates of the Costs Thereof: Storm Sewer Project No. 309 (Ward 1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11.01 - 11.04 Resolution Receiving the Preliminary Report and Calling for a Public Hearing on the Matter of Construction of Certain Improvements: Storm Sewer Project No. 309 (Ward 1) . . . . . . . . . . . . . . . . . ............. 12.01 -12.03 � FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 1997 Page 5 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED� Approve Disposition of Tax Forfeit � Property Located in the City of Fridley . . . . . . . . . . . . . . . 13.01 - 13.11 Resolution Adopting Assessments for Driveway Improvements to the County Auditor for Collection with the 1998 Taxes ....................................14.01-14.03 Resolution Certifying Certain Delinquent Utility Services to the County Auditor for Collection with the 1998 Taxes . . . . . . . . . . . . . . . . . . 15.01 - 15.11 Resolution Authorizing Changes in Appropriations for the General Fund for the Capital Improvement Fund for the Third Quarter of 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . 16.01 - 16.03 0 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 1997 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): Resolution Authorizing the City of Fridley to Participate in the Warden Oil Site Interim Funding Agreement 0 Page 6 ................. 17.01 -17.20 Resolution Authorizing Participation in Anoka-Hennepin Drug Task Force Program for 1998 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.01 - 18.02 Resolution Designating Time and Number of Council Meetings for 1998 . . . . . . . . . . . . . . . . . . . . . . 19.01 - 19.03 Appointment (City Employee) . . . . . . . . . . . . . . . . . . . . . 20.01 Claims ......................:.............21.01 Licenses ....................................22.01-22.03 Esti mates: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23. 01 FRIDLEY CITY COUNCIL MEETING OF� OCTOBER 27, 1997 ADOPTION OF AGENDA: OPEN FORUM, VISITORS: (Consideration of Items not on Agenda - 15 Minutes) PUBLIC HEARINGS: Page 7 Assessment for Locke Lake Dam Excavation Project No. 255 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24.01 - 24.02 Assessment for Alden Way Project No. ST 1996 - 1& 2; Concrete Curb and Gutter Portion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25.01 - 25.02 Application to Amend Redevelopment Plan in an S-2, Redevelopment District, ZOA #97-07, by Semper Development Ltd., for Property Generally Located at 6525 University Avenue N.E. (Ward 1) ................... 26.01 -26.38 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 1997 PUBLIC HEARINGS (CONTINUED� Page 8 Rezoning Request, ZOA #97-08, by Todd Bachman of Bachman's, Inc., . to Rezone Property from C-2, General Business, to C-3, General Shopping Center, Generally Located at 8200 University Avenue N.E. (Ward 3) . . . . . . . . . . . . . . . . . . . . . . . 27.01 - 27.13 Proposed Ordinance Amending Chapter 113, Entitled "Solid Waste Disposal and Recycling Collection," by Amending Section 113.07, and also Amending Chapter 11, Entitled "General Provisions and Fees," by Amending Section 11.10, "Fees" . . . . . . . . . . . . . . . . . . . . . . . 28.01 - 28.04 Proposed Ordinance Regulating Wireless Communication Facilities . . . . . . . . . . . . . . . . . . . . . . 29.01 - 29.16 OLD BUSINESS: Special Use Permit, SP #97-07, by Paul Litwinczuk, to Allow a Secondary Accessory Structure, Generally Located at 6291 Central Avenue N.E. (Ward 2) (Tabled October 13, 1997) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30.01 - 30.16 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 1997 Page 9 NEW BUSINESS: Resolution Adopting Assessment for Locke Lake Dam Excavation Project No. 255 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31.01 - 31.07 Resolution Adopting Assessment for Alden Way Project No. ST 1996 - 1 & 2 . . . . . . . . . . . . . . . . . . 32.01 - 32.09 Resolution Approving a Redevelopment Plan Amendment to the S-2, Redevelopment District (Project Plan Amendment, ZOA #97-07, by Semper Development Ltd., to Amend a Previously Approved Development Plan in a S-2, Redevelopment District, Generally Located at 6525 University Avenue N.E. (Ward 1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33.01 - 33.04 Resolution Approving a Plat, P.S. #97-05, Walton 2nd Addition (Preliminary Plat, P.S. #97-05, by Todd Bachman of Bachman's, Inc., to Replat Property Generally Located at 8200 University Avenue N.E. (Ward 3) . . . . . . . . . . . . . . . . 34.01 - 34.12 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 1997 Page 10 NEW BUSINESS (CONTINUEDI: Special Use Permit Request, SP #97-08, by Todd Bachman of Bachman's, Inc., to Allow a Nursery or Garden Center Requiring Outdoor Sales, Generally Located at 8200 University Avenue N.E. (Ward 3) . . . . . . . . . . . . . . . . . . . . . . 35.01 - 35.06 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 #97-08, by Todd Bachman of Bachman's, Inc., to Rezone Property Generally Located at 8200 University Avenue N.E.) (Ward 3) . . . . . . . . . . . . . . . . . . . . . . 36.01 - 36.02 Approve Contract for Architectural Services for Finishing Lower Level of Fridley Community Center (Ward 1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37.01 - 37.15 Informal Status Reports ADJOURN: ..............................38.01 � v � � � � .��..'17��11.,J FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27. 1997 ,� CJTY OF FRIDLEY 'fhe 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, disabiliry, 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. APPROVAL OF MINUTES: City Council Meeting of October 13, 1997 11/��-.��.�-_,�i� � �---' � �.�� APPROVAL OF PROPOSED CONSENT AGENDA: • � = 3Q�� Second Reading of an Ordinance to � Amend the City Code of the City of Fridley, Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA #97-04, by Bolton 8� Menk on behalf of Friendly Chevrolet to Rezone Property Generally Located at 7501 Highway 65 N.E.) ��„ (Ward 2) . . . . . . . . . . . . . • � �-0),i,� 3 � �-9 �� : e _ ir'.� V' <l --' i-' ° � c.z� � �--� �._,,�.�G �. .c: v J�.u��L-� � Second Reading of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA #97-05, by Dolphin Development and Construction Co., "� � Inc., to Rezone Property Generally Located at 73rd and University Avenu (Ward 1) , � -.= �. . ., . �.7 . . �,� � .�01 - 2.02 �.�.�,,,��,,,.��. ��C-l" , .�L.� . , i� ti � �� z�,� ��-y`-. � ��. ;�, _ �_�� . / �lf ��_ ��R 7 ��. /- �.� . Second Reading of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Making a - � Change in Zoning Districts (by Frank yr Masserano, III, to Rezone Property �� , Generally Located at 63rd Avenue ,��,; N.E. and East Moore Lake Drive) " .✓�3.01-3.02 (Ward 2) � ,i��,�� ?4;-�: • ��.�.. �� l � „ - _ ��1.�.�� .� ,� Z �--�-��-� �-� -- � ��e .�-._ - � ,X �. _ , __ • .: , • . Resolution Changing Date of City Council Meeting from December 15, 1997, to Decembe� 8, 1997 (Tabled October 13, 1997) . . . . . . . . . . . . 4.01 - 4.02 �: ��-�-�y�� %-- �- - � NEW BUSINESS: First Reading of an Ordinance Amending Chapter 602, "Beer Licensing," of the Fridley City Code, to Delete the Word "Non-Intoxicating" and Replace it with "3.2 Percent" and to Amend Section 602.05.01.C; %,� -� ��`' � and, Ct'� �'-.�'"""��_� � � =� �—_ Authorize Publication of Official Title and Summary . . . . . . . . . . . 5.01 - 5.11 �=�1�` �.z�.�-- r �. Receive the Minutes of the Planning Commission Meeti�g of Ocjober 15, 1997 ;j��r:-�� . . . . 6.01 -6.37 l Approve Agreement Between the City of Fridley and the Anoka County Housing and Redevelopment Authority for the 1997 Community Development Block Grant Program . . . . . . . . . .�_7.01 - 7.04 Q ,L�Z�"yL—��f � Resolution Supporting Designation of the Mississippi River as an American Heritage River . . . . . . . . . . . . . . 8.01 - 8.03 ,��'�� /�/ �/� � . APPROVALOFPROPOSED CONSENT AGENDA: NEW BUSINESS �CONTINUED): Resolution Ordering Preliminary Plans, Specifications and Estimates of the Costs Thereof: Street Improvement Project No. ST. 1998 - 1 . . . . . . . 9.01 - 9.03 � C - �% � �, �-- / �-�'�-__, Approve Joint Powers Agreement Between the City of Fridley and the County of Anoka for the Reconstruction of 57th Avenue Between T.H. 47 and Main Street (Ward 3) . . . . . . . . . . 10.01 - 10.09 c ,��`,c�� _..�.`� Resolution Ordering Preliminary Plans, Specifications and Estimates of the Costs Thereof: Storm Sewer Project No. 309 (Ward 1) . . . . . . . . . . . . . . 11.01 -11.04 �� 1,�.�.� �� Resolution Receiving the Preliminary Report and Calli�g for a Public Hearing on the Matter of Construction of Certain Improvements: Storm Sewer Project No. 309 (Ward 1) . . . . . . . . . . . . . 12.01 - 12.03 ��' �� +--�-� li'"�- �z Approve Disposition of Tax Forfeit Property Located in the City of Fridley . . . . . . . . 13.01 - 13.11 �/�;�ti.-�:-� Resolution Adopting Assessments for Driveway Improvements to the County Auditor for Collection with the 1998 � .. , . � . i = •. . • Resolution Certifying Certain Delinquent Utility Services to the County Auditor for Collection with the 1998 Taxes . . . . . . . . . . . . . . 15.01 - 15.11 �� -; �' ��- �- � � Resolution Authorizing Changes in Appropriations for the General Fund for the Capital Improvement Fund for the Third Qua�ter of 1997 . . . . . . . . . 16.01 - 16.03 �%L-Z�`--�`'��s./�'�"� .�/� � �� Resolution Authorizing the City of Fridley to Participate in the Warden Oil Site Interim Funding Agreement 17.01 -17.20 ��,l�L;��-� � � Resolution Authorizing Participation in Anoka-Hennepin Drug Task Force Program for 1998 . . . . . . . . . . . . . 18.01 - 18.02 �� r��, , Resolution Designating Time and Number of Council Meetings for 1998 .... 19.01 - 19.03 L�2��.. f ��,•-�, •y'��--- �- Appointment (City Employee) . . . 20.01 ..(° 6--1:—=.t-i/�--�-'�'�___�_� <�� Claims Licenses ��>,��..� : . . . . 21.01 C ��,��,.,,� z �� . � . . . . . . . . . . . 22.01 - 22.03 Taxes . . . . . . . . . . . . 14.01 - 14.03 Estimates: �� °��3.01 ��,'._j;�.��=:�,�✓�� . . . . . . ADOPTION OF AGENDA: � a-- , Gt �.�`. � � ,��%; e � ,� _ ] -� — � �� .I_ �._�.-.-t- � OPEN FORUM. VISITORS: �L � � '�� _� � • o Proposed Ordinance Regulating Wreless Communication Facilities . . . . . . 29.01 - 29.16 �' � !"'� l %, (Consideration of Items not on Agenda - 15 Minutes) i� � �-�- '� � , E � � G J?�l e7-�� — �;.,,�--��`�, ,:� � ��`� � OLD BUSINESS: `. f � . Gs r7 G� PUBLIC HEARINGS: Assessment for Locke Lake Dam Excavation Project No. 255 . . . . . . cQ ---,�� , �-� �' S';i.� Assessment for Alden Way Pro�ect No. ST 1996 - 1� 2; Concrete Curb anri C�uttpr Pnrtinn � " �/.��C� �;�,.r��\' �-„��t Special Use Permit, SP #97-07, ��t��,� �� ,r >-,� by Paul Litwinczuk, to Allow a �y�<` Secondary Accessory Structure, � t, �,�` �,YO �_� Generally Located at 6291 Central �� Avenue N. E. (Ward 2) (Tabled . . . . . 24.01 - 24.02 October 13, 1997) . . . . . . . . . . . . . . 30.01 - 30.16 .............. C_� �' % �� r f"L� Application to Amend Redevelopment Plan in an S-2, Redevelopment District, ZOA #97-07, by Semper Development Ltd., for Property Generally Located at 6525 University Avenue N.E. (Ward 1) �.� .. f- � �. �� C� �`',�% Rezoning Request, ZOA #97-08, by Todd Bachman of Bachman's, Inc., to Rezone Prope►�ty from C-2, General Business, to C-3, General Shopping Center, Generally Located at 8200 University Avenue N.E. (Ward 3) . . C� / a ; / % C- �� ,� � / 25.01 - 25.02 . . 26.01 - 26.38 . . . . 27.01 - 27.13 Proposed Ordinance Amending Chapter 113, Entitled "Solid Waste Disposal and Recycling Collection," by Amending Section 113.07, and also Amending Chapter 11, Entitled "General Provisions and Fees," by Amending Section 11.10, "Fees" . . . . . . . 28.01 - 28.04 t-t" ' /U,� /� / _ �, � , �� : S / �. - — �� S �� _�. `.lt-,-�- �`," ��.�-,-,�(, NEW BUSINESS: Resolution Adopting Assessment for Locke Lake Dam Excavation Project No. 255 . . . . . . . . . . . . . . 31.01 - 31.07 �<_,it��°J'� �-- . Resolution Adopting Assessment for Alcten Way Project No. ST 1996 - 1& 2 .. 32.01 - 32.09 �r-o�lr�'�'�- �� Resolution Approving a Redevelopment Plan Amendment to the S-2, Redevelopment District (Project Plan Amendment, ZOA #97-07, by Semper Development Ltd., to Amend a Previously Approved Development Plan in a S-2, RedevelopmeRt District, Generally Located at 6525 University Avenue N.E. (Ward 1) . . . . . . . . . . . . . . 33.01 - 33.04 ��% ;�.1/1,� ( ;�� /�/o %7 Resolution Approving a Plat, P.S. #97-05, Walton 2nd Addition (Preliminary Plat, P.S. #97-05, by Todd Bachman of Bachman's, Inc., to Replat Property Generally Located at 8200 University Avenue N.E. (Ward 3) 34.01 - 34.12 �� ,� (. . ��,."�<<; 2�-2 �� `� � � NEW BUSINESS (CONTINUED� Special Use Permit Request, SP #97-08, by Todd Bachman of Bachman's, inc., to Allow a Nursery or Garden Center Requiring Outdoor Sales, Generally Located at 8200 University Avenue N.E. (Ward 3) . . . . . . . 35.01 - 35.06 -'� j"�,� .�..�ti�-� � ��-�-C . ,�.� 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 #97-08, by Todd Bachman of Bachman's, Inc., to Rezone Property Generally Located at 8200 University Avenue N.E.) (Ward 3) . . . . . . 36.01 - 36.02 fi� �� , Approve Contract for Architectural Services for Finishing Lower Leve� of Fridley Community Center (VVard 1) . . . . . . . . . . . . . . 37.01 - 37.15 �/�-��-�-��..— Informal Status Reports . . . . . . . . . . . . . . 38.01 ��_-�--�— ADJOURN: � ,' � 7 `� . �� , THE MINUTES OF THE FRIDLEY CITY COUNCIL MEETING OF, OCTOBER 13, 1997 � TFIE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF OCTOBER 13. 1997 The Regular Meeting of the Fridley City Council was called to order by Mayor Jorgenson at 7:35 p.m. Mayor Jorgenson led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Jorgenson, Councilman Barnette, Councilman Billings, Councilman Schneider and Councilwoman Bolkcom PROCLAMATIONS• STUDENT FOREIGN EXCHANGE WEEK: OCTOBER 13 - 19, 1997: Mayor Jorgenson read and issued a proclamation proclaiming October 13 - 19, 1997 as Student Foreign Exchange Week in honor of Maria Morales from Venezuela and in honor of Nestor Amarilla from Paraguay. Nestor Amarilla and Maria Morales are invited to be honorary citizens of Fridley. The Fridley VFW presented each student with a flag of the United States. MINNESOTA MANUFACTURERS WEEK: OCTOBER 13 - 17, 1997: Mayor Jorgenson read and issued a proclamation proclaiming October 13 - 17, 1997 as Minnesota Manufacturers Week in recognition of the contribution of Fridley manufacturers to the local community, the state, and for international business conducted. MAKE A DIFFERENCE DAY: OCTOBER 25. 1997: Mayor Jorgenson read and issued a proclamation proclaiming October 25, 1997 Make A Difference Day in recognition of the serious social issues addressed by volunteers. Mayor Jorgenson urged fellow citizens to connect with friends, family and the community to assist in one of the many community projects that will help to make a difference. GUESTS The Hayes Elementary School Cub Scout Troop # 20, a group of fifth graders, attended this Council meeting, as they are working on a Citizenship badge. a FRIDLEY CITY COUNCIL MEETNG_OF OCTOBER 13, 1997 PAGE 2 APPROVAL OF MINUTES: COUNCIL MEETING SEPTEMBER 22 1997: MOTION by Councilman Schneider to approve the minutes as presented. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor 7orgenson declared the motion carried unanimously. APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: 1. ORDINANCE NO. 1104 MODIFYING THE FRIDLEY ZONING CODE IN A MANNER THAT REGULATES PAWN SHOPS, PAWN BROKERS AND SECOND HAND DEALERS: Mr. Burns, City Manager, stated that the proposed ordinance excludes pawn shops, pawn brokers, and second hand dealers from C-1 (local business districts) and CR-1 (general office districts) and allows them in C-2 (general business districts) and C-3 (general shopping center districts). Council approved the first reading of this ordinance on September 22, 1997. Staff recommends Council's approval of the second and final reading. WAIVED THE READING AND ADOPTED ORDINANCE NO. 1104 ON THE SECOND READING AND ORDERED PUBLICATION. 2. ORDINANCE NO. 1105 TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA, BY MAKING A CHANGE IN ZONING DISTRICTS (REZONING REOUEST, ZOA #97-03. BY THE CITY OF FRIDLEY GENERALLY LOCATED AT THE NORTHEAST CORNER OF 61ST WAY AND EAST RIVER ROAD (WARD 3): Mr. Burns, City Manager, stated that the rezoning is from R-3 to R-1. Council approved the first reading of this ordinance at their September 22, 1997 meeting. Staii recommends Council's approval of the second and final reading. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 3. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF SEPTEMBER 17. 1997: RECEIVED THE MINUTES OF THE PLANNING COMMISSION MEETING OF SEPTEMBER 17, 1997. . FRIDLEY CITY COUNCIL MEETNG OF OCTOBER 13. 1997 PAGE 3 4. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF SEPTEMBER 17, 1997: RECEIVED THE MINUTES OF THE PLANNING COMMISSION MEETING OF OCTOBER 1, 1997. 5. RESOLUTION APPROVING A SUBDIVISION. LOT SPLIT, L.S. #97-03, TO CREATE TWO RESIDENTIAL LOTS, ON LOTS 4, 5, 6, AND 7, BLOCK 4. HAMILTON'S ADDITION TO MECHANICSVILLE. GENERALLY LOCATED AT 5616 FOURTH STREET N.E. BY RAY KAIiL) (WARD 1): Mr. Burns, City Manager, stated that the petitioner is Ray Kahl on behalf of June Bierch and Gloria Sorby. The petitioner asks that four 40 foot platted lots be converted to two buildable lots. Each of the buildable lots will be 79.48 feet wide and 136.28 feet long and have lot areas of 10,831.5 feet. The Planning Commission approved this request on October l, 1997, with one stipulation. Staff recommends Council's concurrence with the Planning Commission's action with the understanding that the stipulation shall be modified in a manner that requires payment of a park dedication fee for one rather than both of the newly created lots. One of the lots has a building on it, and the City has not charged the dedication fee in the past for this type of situation. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 6. RESOLUTION NO. 79-1997 ELECTING TO CONTINUE PARTICIPATING IN I:�i 1998: Mr. Burns, City Manager, stated that the Local Housing Incentives Account program is one of three state programs designed to encourage affordable housing and economic development. In view of the City's past successes and current applications for funding under these programs, staff recommends Council's approval of this resolution. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 7. ESTABLISH PUBLIC HEARING DATE FOR NOVEMBER 10. 1997. FOR THE HACKMANN AVENUE PROJECT NO. ST. 1998-1: Mr. Burns, City Manager, stated that the proposed project provides for the reconstruction of Hackmann Avenue and Hackmann Circle, as well as for the replacement of water lines in these areas. A public meeting was held and a petition was circulated and signed by 32 of the 58 property owners. Staff recommends that Council establish Monday, November 10, 1997, as the public hearing date for this project. FRIDLEY CITY COUNCIL MEETNG OF OCTOBER 13 1997 PAGE 4 SET THE PUBLIC HEARING FOR NOVEMBER 10, 1997, FOR CONSIDERATION OF THE HACKMANN AVENUE PROJECT NO. ST. 1998-1. 8. ESTABLISH A PUBLIC HEARING DATE FOR OCTOBER 27 1997 ON AN ORDINANCE AMENDING CHAPTERS 113 AND 11 OF THE FRIDLEY CITY CODE TO INCREASE SOLID WASTE ABATEMENT PROGRAM FEES: Mr. Burns, City Manager, stated that the proposed hearing date is October 27, 1998. The proposed increase is from $4.00 per quarter to $6.00 per quarter. The purpose of the increase is to accommodate new costs associated with our change from biweekly to weekly curbside recycling and other costs associated with the collection of plastics and the operation of a redemption center. Staff recommends Council's approval in setting the hearing date for October 27, 1997. SET THE PUBLIC HEARING FOR OCTOBER 27, 1997, FOR AN INCREASE IN THE CITY'S SOLID WASTE ABATEMENT PROGRAM FEES. 9. RESOLUTION NO. SO-1997 AUTHORIZING APPLICATION OF OFFICE OF ENVIRONMENTAL ASSISTANCE GRANT FUNDS AND EXECUTION OF GRANT AGREEMENT: Mr. Burns, City Manager, stated that City staff and staff from the Global Action Plan are interested in pursuing grant funds for the purpose of expanding the Global Action Plan's Eco Team Program into Fridley apartment complexes. The proposed grant amount is $17,500. There is a fifty percent matching requirement ($17,500) that will be funded by the Global Action Plan through private donations. Staff recommends Council's approval of the resolution approving the grant application. ADOPTED RESOLUTION NO. 80-1997. 10. APPROVE CHANGE ORDER NO. 1 TO I-694/TH 47 RAMP RECONSTRUC- TION PROJECT NO. ST. 1997-3• Mr. Burns, City Manager, reported the net cost of the change order is $3,546.40. It covers costs for special signing, the addition of a pipe sleeve under the ramp for future utility wiring, joint sealing, and grading related to repairs to an existing storm sewer. Stafi recommends approval of the change order to the City's contract with Forest Lake Construction. All of these costs are reimbursable by MnDOT. � APPROVED CHANGE ORDER NO. 1 TO I-694/TH 47 N.E. RAMp RECONSTRUCTION PROJECT NO. ST 1997-3. FRIDLEY CITY COUNCII. MEETNG OF OCTOBER 13. 1997 PAGE 5 11. RECEIVE THE 1998 BUDGET FOR THE NORTH METRO CONVENTION AND TOURISM BUREAU: Mr. Burns, City Manager, stated that the budget is to be received by Council in accordance with our agreement with the North Metro Convention and Visitor's Bureau and its member cities. The budget projects 1998 expenditures of $599,000. RECEIVED THE 1998 BUDGET FOR THE NORTH METRO CONVENTION AND TOURISM BUREAU. 12. RESOLUTION DESIGNATING TIlVIE AND NUMBER OF COUNCIL MEETINGS (1997): Mr. Burns, City Manager, stated that the motion reflects Council's request that our previously scheduled December 15 meeting date be rescheduled to December 8, 1997. This is being done in order to establish a legally conect continuation date for the 1997 truth-in-taxation hearing on the 1998 budget. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 13. CLAIMS: AUTHORIZED PAYMENT OF CLAIM NOS. 76799 - 77187. 14. LICENSES: APPROVED THE LICENSES AS SUBMITTED AND AS ON FII.E IN THE LICENSE CLERK'S OFFICE. 15. ESTIMATES: APPROVED THE ESTIMATES AS FOLLOWS: Frederick W. Knaak, Esq. Holstad and Larson, P.L.C. 3535 Vadnais Center Drive St. Paul, MN 55110 Services Rendered as City Attorney for the Month of September, 1997 .........................$ 4,250.00 � FRIDLEY CITY COUNCIL MEETNG OF OCTOBER 13. 1997 PAGE 6 Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, NIN 55432-4381 Services Rendered as City Prosecuting Attorney for the Month of August, 1997 .................$ 15,031.30 M.C. Magney Construction, Inc. 19245 Highway 7 Excelsior, MN 55331 Wellhouse No. 1 and Water Booster Station Project No. 298 Estimate No. 1 ........................................................$ 15,690.00 Hardrives, Inc. 14475 Quiram Drive Rogers, MN 55374 Central Avenue Bikeway/Walkway Project No. ST. 1994 - 9 Estimate No. 8 .......................................................$ 16,789.53 Diversified Paving, Inc. 8019 - 146th Avenue N. W. Ramsey, MN 55303 1997 Driveway Paving Project No. 307 Estimate No. 1 ......................................................$ 20,780.96 No persons in the audience spoke regarding the proposed consent agenda items. Councilman Billings requested that Items 2, 5, 6 and 12 be removed from the consent agenda. MOTION by Councilman Barnette to approve the consent agenda items with the removal of Items 2,5,6 and 12. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilman Schneider to adopt the agenda with the addition of Consent Item Nos. 2, 5, 6 and 12 as New Business after Item 18. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETNG OF OCTOBER 13. 1997 PAGE 7 OPEN FORUM, VISITORS: Henrv Zimmer, 4021 California Street, FridleX Mr. Zimmer is requesting a waiver for a code violation concerning a tent in his backyard. In addition, Mr. Zimmer received a code violation concerning a tractor parked in his yard that is covered with a tarp. The tractor is utilized for snow removal. According to the code violation, he had thirty days to take it down. Mr. Zimmer presented a list of other code violations in his neighborhood such as three dead trees on California Street that were not removed as well as grass on the railroad property that has not been maintained. Mr. Zimmer felt .that the City was being selective in its code violations. Councilwoman Bolkcom stated that she contacted Mr. Zimmer to discuss this issue. She stated that inspections are taking place by district citywide. She informed Mr. Zimmer that other property owners have received notices to correct violations as well. Mr. Hickok said he would set up a meeting with Mr. Zimmer. Mayor Jorgenson and Councilmember Bolkcom said they would attend as well. Council Schneider stated that Council cannot take action on an item that is not on the agenda. Everett Utter, 6484 Woody Lane, Fridley Mr. Utter reported that a storm sewer was installed in his neighborhood as a result of a request initiated by Mrs. Nelson and himself. The ground was in good shape before the work was done. It appears that the contractor who installed the storm sewer did a decent job. The retaining wall was also installed with the contractor having to enter through Mr. Utter's property. The retaining wall property looks beautiful, but Mr. Utter's property looks terrible. There are some low spots needing fill, and the catch basins located on his property need addressing. Mr. Utter requested the City's assistance with the contractor to address these issues. Mr. Flora, Public Works Director, stated that the retaining wall contractor is responsible for Mr. Utter's property. Mr. Flora suggested that the City contact Mrs. Nelson's contractor to clean up the damage. Mayor Jorgenson provided some background concerning this project. The storm sewer work was initiated in response to damage to Mrs. Nelson's property during the 7une or 7uly storms. FRIDLEY CITY COUNCIL MEETNG OF OCTOBER 13 1997 PAGE 8 PUBLIC HEARINGS: 16. PUBLIC HEARING ON REZONING REOUEST, ZOA #97-04, BY BOLTON & MENK FOR FRIENDLY CHEVROLET, TO REZONE PROPERTY FROM M-4. MANUFACTURING ONLY. TO G3, GENERAL SHOPPING CENTER. GENERALLY LOCATED AT 7501 HIGHWAY 65 N E(WARD 21• 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 8:07 p.m: Mr. Hickok, Planning Coordinator, stated that the petitioner, Bolton & Menk, on behalf of Friendly Chevrolet, requested a 2.48 acre property be rezoned from M-4, Manufacturing Only, to C-3, General Shopping Center District. If approved, the owner proposes to expand a parking lot for employee and service vehicles. The petitioner is also processing a plat and a variance request. The Appeals Commission voted unanimously to recommend approval of this request. If the rezoning is approved, a special use permit is also required prior to expansion of the use. Friendly Chevrolet is located on Central Avenue. The property under consideration is located between Central Avenue and Old Central Avenue. There is an existing building that was recently modified. Friendly Chevrolet would like to expand the building, and the rezoning is needed to facilitate the expansion. There is a land swap contingent on Council's approval of the rezoning. The parking area will be expanded to accommodate customer parking and new car inventory. Staff recommends approval of the request with the following stipulations: (1) In order to reduce the visual impact, several additions to the landscape plan are recommended; (2) Three Marshall's Ash shall be installed along Fireside Drive; (3) The barbed wire shall be removed from the fence along the south property line; (4) The plat and variance request shall be approved, (5) the petitioner shall receive a special use permit prior to expansion of the parking lot; and (6) Adequate on-site employee and customer parking shall be provided. On-street parking shall not be allowed. Councilman Schneider asked what the net increase in parking will be. Friendly Chevrolet does not have a lot of customers. He asked if the intent of the stipulation is to designate a certain number of customer parking stalls. Mr. Hickok stated that the building expansion will correlate with the required parking stalls plus additional stalls to accommodate the movement of inventory vehicles. The City is requiring that Friendly Chevrolet accommodate the parking of service vehicles, employees and customer parking. The Planning Commission recommended striping the streets to prevent parking on the streets. Mr. Hickok stated that a number of parking stalls will be allocated for customers based on the stipulation of the analysis of the size of the facility and the number of customers. Councilwoman Bolkcom asked how this would address the street parking and what would keep customers off the street. Hopefully, there would be good signage to let the customers know where to park. FRIDLEY CITY COUNCIL MEETNG OF OCTOBER 13, 1997 PAGE 9 Mr. Hickok stated that it is the expectation that there will be a display for customer parking. Along with systematic code enforcement, there is an inventory of employee license plates. Employees will not be able to park on the street or will be subject to a citation. Parking will be limited in order to accommodate the customer who does not want to come to the front door. Mayor Jorgenson asked if that same parking area would be utilized for customers with repairs. Mr. Hickok stated that the parking area behind the facility that would be closest to the service area would be for cars that are being serviced. The guest stalls in the front would be clearly marked for customers. Mayor Jorgenson asked the petitioner, Dennis Honsa, of Bolton & Menk representing Friendly Chevrolet to respond to Council questions. Mr. Honsa responded that he is currently working with staff to meet these requirements. Mr. Honsa reiterated that customer parking area would be designated. Friendly Chevrolet cannot guarantee that some customers will not park on the street unless it is posted as a no parking area. Service parking is anticipated at the rear of the facility, and employee parking will be located on- site as well. Jeff Brenk, 7490 Central Avenue, is one-third owner of Brenk Brothers. Brenk Brothers is working on the property transfer with Friendly Chevrolet. They do want to maintain the M-4 zoning. The transfer is awaiting the development agreement addressing park dedication fees, any other fees, drainage and pond issues, and grading plans. No other persons spoke regarding this rezoning request. MOTION by Councilman Schneider to close the public hearing. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor 7orgenson declared the motion carried unanimously and the public hearing closed at 8:20 p.m. 17. PUBLIC HEARING ON A REZONING REQUEST. ZOA #95-05, BY DOLPHIN DEVELOPMENT AND CONSTRUCTION CO., INC.. TO REZONE PROPERTY AT 73RD AND UNIVERSITY AVENUES FROM M-2, HEAVY INDUSTRIAL, TO C-2, GENERAL BUSINESS. TO ALLOW FOR FUTURE_ COMMERCIAL DEVELOPMENT GENERALLY LOCATED AT 7299 UNIVERSTTY AVENUE N.E. (WARD 11: MOTION by Councilman Billings to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion camed unanimously and the public hearing opened at 8:25 p.m. Mr. Hickok, Planning Coordinator, presented rezoning request ZOA #97-OS by Dolphin Development to rezone property at 73rd and University Avenues from M-2, Heavy Industrial, to C-2, General Business, to allow for future commercial development at 7299 University Avenue FRIDLEY CITY COUNCIL MEETNG OF OCTOBER 13 1997 PAGE 10 The site consists of 2.4 acres and is currently undeveloped. A convenience store with fuel and a car wash has been identified as a possible use. A special use permit would be required to allow a motor fuel and/or car wash operation in the C-2 district. The City's Comprehensive Plan designates this site as a commercial, not an industrial site. Of the nineteen loopback parcel sites in the City, fifteen are on University Avenue and four are located on Highway 65. The fifteen University Avenue sites are zoned as follows: C-3 (4 sites), C-2 (10 sites), and M-2 (1 site). One criteria used to evaluate a rezoning includes compatibility of the proposed use with the proposed district. The proposed use of the site is for a general business operation. Motor fueVconvenience operations are permitted through the special use permit provisions of the C-2, General Business District. The developer has also discussed the potential of general office and/or a medical office complex as.potential candidates for the site. Those uses would be compatible with the district. A second criteria is the compatibility of the proposed district with adjacent uses and zoning. The proposed district, C-2, General Business, is compatible with adjacent uses and zoning. The use of the subject parcel as it is currently zoned would be limited to a small industrial user not requiring expansion space due to the small size of the parcel. Other possibilities for this site include heavy repair garages or automobile service stations. Rezoning this site to commercial would allow a wider variety of uses whose size and intensity of land use is more befitting of the site. Councilman Billings asked if the special use pernut is readily available. He asked what types of uses are permitted without a special use permit and what types require a special use permit. Mr. Hickok stated that permitted uses include: office facilities, corporate offices, theatres, lodges, commercial recreation, bowling, (not including massage parlors), department stores, retail stores, restaurants, a mortuary, sexually oriented businesses as defined in the city code, etc. Councilman Billings clarified that sexually oriented businesses cannot be located near parks or in residential areas. He asked if a developer wanted to have this type of business, would they have to come before Council. Mr. Hickok stated that is correct. Examples of special uses include: taxi, motor fuel operations, outdoor operations and lubrication, storage of recreational or abandoned vehicles, heavy duty repair garages, employee parking, motor vehicle wash establishments, unscreened exterior storage, bars, taverns, arcades, etc. Councilman Billings stated that all of these businesses would require another appearance at a Council meeting. Specifically not included was a repair facility for railroad trains. Mr. Hickok stated that is correct. FRIDLEY CITY COUNCIL MEETNG OF OCTOBER 13 1997 PAGE 11 Councilman Billings refened to the site plan on Page 17.08 of the agenda. The building is oriented to face University Avenue to get the best visibility oi� of University Avenue. He asked what the area to the northeast is. Mr. Hickok stated that the area is a berm with ash trees and Colorado Blue Spruce utilized to screen the property. Councilman Billings stated that there was quite a bit of discussion at the Planning Commission about the property down the road refened to as "the wall." He asked if we have any idea how much of the building would be exposed. Mr. Hickok stated that a typical feature of a convenience store is a drive-around to the back door for deliveries. The primary finished face is directed toward University Avenue. Councilman Billings asked if they would build a hill and build the business into the hill if the developer goes with. Mr. Hickok stated that yes, they would. Councilman Schneider asked for a brief history on the site. Mr. Hickok stated that the site has been considered for a number of uses. Phillips Petroleum requested a motor fuel and car wash via a special use permit, but they were not able to prevail in their request. There has been an informal discussion concerning a bank, but no formal request was generated. The City did consider the site as a liquor store and did a soil study finding it was not a wetland. After discussion of a liquor store, the City discussed rezoning. Councilman Billings clarified that when the City looked at the site for a possible liquor store they tabled the rezoning issue. Major Jorgenson asked if there was anyone present in the audience who would like to address the Council on this issue. Mr. A1 Quam, 399 73rd Avenue, spoke in support of the development of the property if it could be made compatible with Melody Manor. This proposed development is not compatible with the neighborhood, as it is a late night business. There is no shortage of this proposed type of facilities. He felt that if there must be another gas station in the area then the City should redevelop the vacant car wash. The original zoning of this property has been talked about for a long time. Non development of the property has not been a problem, and it would not hurt to wait for a better development. Mr. Quam urged Council not to grant the rezoning. He felt that if the applicant would come with a proposal compatible to the area, the neighborhood would support it. A serious party wanting rezoning for a compatible project would be willing to work with the neighborhood and the City. Granting this type of zoning request is issuing a blank check. FRIDLEY CITY COUNCIL MEETNG OF OCTOBER 13. 1997 PAGE 12 Councilwoman Bolkcom clarified that a car wash and a gas station would require a special use permit. She asked for examples of what the neighborhood would see as a compatible use. She asked if the traf�ic coming and going would be a concern. Gas Stations are less intrusive and do try to fit into the plan. Examples would include SuperAmerica located at East River Road and Osborne Road. Mr. Quam stated that something that is not open late would be compatible. The existing developments in the area, such as professional buildings, are compatible. Councilman Schneider asked if a bank or mortuary would be a good use. Mr. Quam stated yes. Mayor Jorgenson asked if the City has limitations to place on businesses such as their hours of operation. Mr. Hickok stated that generally, no. The City has not as a practice stopped the operation of free market retail. There have been a number of requests for consideration. The City looks at the impact. Councilwoman Bolkcom stated that hours were an issue with the credit union. Councilman Schneider stated that the credit union site was very similar to this issue, as the neighborhood also was quite concerned with the development. There is always a risk, and sometimes waiting can produce better things. Mr. Joe Harding of Dolphin Development, attended the Council meeting in support of the development project. On September 30, 1996, Council finalized the zoning request. At that meeting there was a three to one vote. Mayor Nee was not present. Without the eighty percent vote this item was not passed. One thing not said tonight was that Dolphin Development submitted the plan Council was looking at as the last option. Mr. Harding said that he did not have a user for that property as of today. Since he is a commercial developer he knows the site must be properly zoned before it can be developed. Through the agreement he can perform all the required tasks for a plan and preliminary bids. He shares the same results with the staff. Depending on the use, if the rezoning is approved there may be a special use pernut required. Any given land owner, residential, commercial, or industrial has the right or the privilege to sell or to develop the property. However, they must work within the given laws and codes. The comprehensive plan shows this site as commercial. According to current law, the comprehensive plan takes precedent over commercial. Mr. Harding would like Council's consideration of this plan. Mr. Harding is not asking for a review of this plan at this time. He is asking for rezoning of the site. Mayor Jorgenson asked if the comprehensive plan was in place when this plan was designated. She also requested legal input. FRIDLEY CITY COUNCIL MEETNG OF OCTOBER 13 1997 PAGE 13 Mr. Hickok stated that the plan designation was presented in the 1980's, and the Comprehensive Plan was presented in1990. Mr. Knaak stated that there has been a change in the fundamental aspect of comprehensive plans in Minnesota. If there was a conflict between a comprehensive plan and zoning code, a zoning code always prevailed. That has been modified. In essence you are required to modify your zoning code to the comprehensive plan. Ms. Carol Schriver, 7399 Lyric Lane, presented a petition with seventy signatures to Council objecting to the plan. There were just two people who refused to sign the petition. MOTION by Councilman Billings to receive Petition 6-1997 objecting to the rezoning of Outlot A, Registered Land Survey No. 78, located on the southeast corner of 73rd Avenue and University Avenue, from M-2 to C-2. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. Ms. Schriver stated that the objection to rezoning is based on the additional traffic to an already busy intersection. The face of the Melody Manor neighborhood is changing with a greater number of families with sma11 children in the neighborhood whose safety will be directly impacted by the increased traffic. Therefore, the residents urged Council to reject the application for re- zoning. In addition, a lot of people avoid the traffic on University Avenue by passing through Melody Manor making this a real safety issue. To develop the site is not the issue. A dental office, law office, or something with limited traffic would not affect the neighborhood. Their concern with rezoning it, is with respect to the development . The developer will go with the highest bidder, not with the plan that is most compatible to the neighborhood. Ms. Shriver would like to see the large trees remain standing with this development. Mr. David Druck, Representing the Property Owned by Canadian Pacific, stated that the company has been going through this process for a long time. His concern is about developing property with regard to a heavy industrial zoned property. No one would like to see a heavy industrial development. Right now the residents are being given the choice between a convenience store and a rendering plant. They hope to address the issue to eventually develop this property. The Canadian Pacific acquired the property by land dividends. It was time to develop this parcel many years ago. The developer has been very patient and has shown every indication of going forward to resolve the issues. No other persons spoke regarding this proposed rezoning request. MOTION by Councilman Billings to close the public hearing. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously and the public hearing closed at 9:10 p.m. FRIDLEY CITY COUNCIL MEETNG OF OCTOBER 13 1997 PAGE 14 18. PUBLIC HEARING ON A REZONING REOUEST, #97-06, BY FRANK MASSERANO. III, TO REZONE PROPERTIES FROM R-1. SINGLE FAMILY RESIDENTIAL. AND C-3, GENERAL SHOPPING CENTER. TO CR-1. GENERAL OFFICE. TO ALLOW CONSTRUCTION OF AN OFFICE BUILDING. GENERALLY LOCATED AT 63RD AVENUE AND EAST MOORE LAKE DRIVE (WARD 21: MOTION by Councilman Billings to open the public hearing. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously and the public hearing open at 9:10 p.m. Mr. Hickok, Planning Coordinator, reported that this is a rezoning request located in the southwest quadrant of East Moore Lake Drive and 63rd Avenue. Frank Masserano III is requesting a change in zoning from R-1, Single Family Residential, and C-3, General Shopping Center, to CR-1, General Office. If approved, the developer will build a 3,022 square foot office building. Mr. Masserano's building will house the International Ministerial Fellowship. A residential area and Moore Lake Shopping Center are just south of the site. The site consists of 5.45 acres which is currently undeveloped. A professional office building designed with residential character has been proposed for this development site. The City's Comprehensive Plan designates this site as a redevelopment district, and a portion of the site is residential. A minor amendment to the plan was discussed. Compatibility of the proposed use is for general office use. This is compatible with the district. The CR-1 district was created to provide a transition between commercial and residential properties. As such, this site would provide a compatible transition. Mr. Hickok stated that the Planning Commission recommended approval of this rezoning request with three stipulations: (1) approval of VAR #97-18; (2) a new landscape plan will be required and shall be approved by staff prior to issuance of a building permit; and (3) a Comprehensive Plan amendment will be required to reflect a commercial designation (to be completed as part of the City's overall Comprehensive Plan amendments). Mr. Hickok said staff concurs with the recommendation of the Planning Commission. Mr. Masserano stated that the property has a row of trees with a small area in the middle that is open. The developer plans to reyuest that an 8 foot privacy fence be constructed by the homeowner. The plan is to keep the row of trees and to move the fence up 18 inches to accommodate the homeowner. Additional pine trees have been offered to the homeowner. The second photograph of a service provided shows the height of the proposed privacy fence. The last photograph was an example of the 8 foot privacy fence at the credit union taken from the resident's side. Mr. Masserano will be building, developing and leasing the property as a private business. A zoning variance has been requested. The lot is very small and has stood vacant with grass waist high for many years. By the time the offsets for commercial building are required, plus the parking requests, a developer could end up with about 2,400 square feet. He has not asked for a variance all the way around the building. FRIDLEY CITY COUNCIL MEETNG OF OCTOBER 13 1997 PAGE is No other persons spoke regarding this proposed rezoning request. MOTION by Councilman Schneider to close the public hearing. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously and the public hearing closed at 9:20 p.m. OLD BUSINESS: 2. ORDINANCE NO. 1105 TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICST (REZONING REOUEST. ZOA #97-03, BY THE CITY OF FRIDLEY. GENERALLY LOCATED AT THE NORTIiEAST CORNER OF 61ST WAY AND EAST RIVER ROAD) (WARD 3): Councilman Billings stated that he requested this item be removed from the consent agenda. He voted against on the first reading of this ordinance and he wishes to remain consistent in his vote. MOTION by Councilwoman Bolkcom to waive the second reading and adopt Ordinance No. 1105 on the second reading and order publication. Seconded by Councilman Billings. Upon a voice vote, Mayor Jorgenson, Councilman Barnette, Councilman Schneider and Councilwoman Bolkcom voted in favor of the motion. Councilman Billings voted against the motion. Mayor 7orgenson declared the motion carried. NEW BUSINESS: 5. RESOLUTION APPROVING A SUBDIVISION. LOT SPLIT, L.S. #97-03. TO CREATE TWO RESIDENTIAL LOTS ON LOTS 4, 5. 6, AND 7, BLOCK 4, HAMILTON'S ADDITION TO MECHANICSVII.LE, GENERALLY LOCATED AT 5616 FOURTH STREET N E BY RAY KAHL) (WARD 1): Councilman Billings stated that he wished to ask the Planning Commission for clarification on Exhibit A of the Resolution. Ms. Dacy, Community Development Director, stated that for clarification, on Page 5.06 Exhibit A, No. 2, delete the second and third sentence, "The fee for tract A shall be paid at the time of issuance of a building permit. The petitioner shall work with staff to anange payment for the fee for Tract B." Exhibit A, No. 2 should read, "A park dedication fee of $750 for Tract A shall be paid." MOTION by Councilman Billings to amend Exhibit A, No. 2 to state, "A park dedication fee of $750 Tract A shall be paid". Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETNG OF OCTOBER 13. 1997 PAGE 16 MOTION by Councilman Billings to adopt Resolution No. 78-199'7. Seconded by Council- woman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. 6. RESOLUTION NO. 79-1997 ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVEABLE COMMUNITIES ACT FOR CALENDAR YEAR 1998: Councilman Billings stated that he requested this item be removed from the consent agenda to recommend that "City of Fridley" be inserted in the parenthetical area. MOTION by Councilman Billings to amend the statement, "Now, therefore, be it resolved that the City of Fridley hereby elects to participate in the Local Housing Incentives Program under the Metropolitan Livable Communities Act during the calendar year 1998." Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. MOTION by Councilman Billings to adopt Resolution No. 79-1997 with the following change: Now therefore be it resolved by the City of Fridley hereby elects to participate in the Local Housing Incentives Program under the Metropolitan Livable Communities Act during the year 1998. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. 12. RESOLUTION DESIGNATING TIME AND NUMBER OF COUNCIL MEETINGS (1997): Councilman Billings stated that he requested this item be removed from the consent agenda to determine if Council we meet in conference sessions on the actual dates listed. Councilman Billings did not verify the dates with his calendar. Mayor Jorgenson stated that some of the meeting dates did change. She requested that staff compare the meeting dates. MOTION by Councilman Billings to table the resolution designating time and number of Council meetings until October 27, 1997. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. NEW BUSNESS: 19. RESOLUTION NO 51-1997 _ APPRO'VING A PLAT. P.S #97-03. FRIENDLY CHEVROLET (TO RESUBDIVIDE THREE UNPLATTED LOTS INTO THREE LOTS. GENERALLY LOCATED AT 7501 HIGHWAY 65 N E 1(WARD 2) Mr. Hickok, Planning Coordinator, stated that the request was made by Bolton & Menk on behalf FRIDLEY CITY COUNCIL MEETNG OF OCTOBER 13. 1997 PAGE 17 of Friendly Chevrolet. The petitioner requested a preliminary plat entitled "Friendly Chevrolet" to be approved to re-subdivide three e�sting unplatted lots totaling 16.36 acres into three lots -- one for Friendly Chevrolet (8.87 acres), one for Brenk Brothers, 7490 Central Avenue (3.32 acres), and a vacant lot (2.18 acres). Additional land is being dedicated for right-of-way purposes for the service road, Fireside Drive and Central Avenue. If approved, Friendly Chevrolet proposes to expand their parking area on the additional land which will be gained by the subdivision. They are also processing rezoning and variance requests. The three platted lots meet minimum requirements of M-4 Manufacturing and C-3, General Shopping Center. A shared drainage pond is proposed as part of the plat. A drainage or pond easement should be dedicated on the plat in the area of the detention pond. A shared maintenance agreement for the pond is also required. A park dedication fee will be required for each of the new lots. Mr. Hickok stated that Friendly Chevrolet owns a flag shaped parcel with two different zoning designations, M-4 and C-3. The Brenk Brothers own the square which will result in a lot swap. A joint storm water detention pond is proposed between the two properties which addresses future development. Park dedication fees are required. The proposed plat meets zoning requirements. Staff recommended that the Planning Commission recommend approval of the preliminary plat, "Friendly Chevrolet," with four stipulations: (1) a drainage or pond easement shall be indicated on the final plat in the area of the proposed detention pond; (2) park dedication fees shall be paid (a) Friendly Chevrolet: $8,886.68; (b) Brenk Brothers: $5,560.42; and (c) Vacant Lot: $2,188.34; (3) a shared pond maintenance agreement shall be recorded against both properties; and (4) the rezoning and variance requests shall be approved. Councilman Schneider agreement, if necessary were to buy it out. asked how the City would enforce the shared pond maintenance He also wanted to know what leverage would the City have if someone Mr. Flora, Public Works Director, stated that the agreements are a matter of public record recorded with the County. He also said that the City has an enforcement process. Mr. Knaak, City Attorney, stated that this enforcement process does work, and there are a variety of inethods to do this. Councilman Barnette asked if a future owner is obligated to honor the requirements on the shared lot. � Mr. Flora stated that is correct. Councilman Billings asked if there were only two lots when this proposal was brought before the Planning Commission. One of the property owners has asked it be three lots, so it would be conect to state that this action would be for all three lots. FRIDLEY CITY COUNCII, MEETNG OF OCTOBER 13, 1997 _ PAGE 18 Mr. Hickok stated that is correct. Without a building permit, the City would require that state park dedication fees be paid at the time of the final plat. Councilman Schneider asked who would pay the fees for the vacant lot. Mr. Hickok stated that Brenk Brothers would pay the vacant lot fees. Ms. Dacy clarified that at building permit time, Brenk Brothers would pay for the park fees on the vacant lot. Councilman Schneider stated that park dedication fees would be paid for as follows: Lot 1 paid by Friendly Chevrolet in the amount of $8,886.68; Lot 2 paid by Brenk Brothers in the amount of $5,560.42; and Lot 3 paid by Brenk Brothers in the amount of $2,188.34; at or before issuance of building permit. Councilman Billings stated that the park dedication fees on Page 19.05 and 19.01 of the agenda book are different. He asked which one was correct. Ms. Dacy stated that the amounts listed on Page 19.05 are correct. MOTION by Councilman Schneider to adopt Resolution No. 81-1997, with a modification to Stipulation No. 3 to read: A shared paid maintenance agreement shall be recorded against all properties. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. 20. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA. BY MAKING A CHANGE IN ZONING DISTRICTS (REZONING REQUEST, ZOA #97-04, BY BOLTON & MENK ON BEHALF OF FRIENDLY CHEVROLET TO REZONE PROPERPTY GENERALLY LOCATED EAST OF 7501 HIGHWAY 65 N.E.) (WARD 2): Mr. Hickok stated that this is a companion document to the plat request. The Planning Commission conducted a public hearing regarding this rezoning request at its October 1, 1997 meeting. No one was in attendance regarding this request. The Planning Commission unanimously recommended approval of the request to the Council with the following stipulations: (1) barbed wire shall not be installed on the extended fence and shall be removed from the existing fence; (2) three Marshall's Ash, spaced evenly, shall be installed along Fireside Drive in addition to the proposed hedge; (3) the plat and variance request shall be approved; (4) the petitioner shall receive a special use permit prior to expansion of the parking lot; (5) additional hedge materials shall be installed along Fireside Drive in the area of the "old" parking lot; (6) adequate on-site employee and customer parking shall be provided, on-street parking shall not be allowed. The petitioner shall provide adequate customer parking signage as agreed to with City staff. The request meets the three criteria used to evaluate rezoning requests. Staff recommends that Council approve the first reading of the attached ordinance rezoning the property adjacent to 7501 Highway 65 from M-4 Manufacturing Only, to C-3, General Shopping Center. FRIDLEY CITY COUNCIL MEETNG OF OCTOBER 13i 1997 PAGE 19 Councilman Schneider stated that Council has already spoken earlier on Stipulation No. 6 that adequate on-site employee and customer parking shall be provided and that on-street parking shall not be allowed. MOTION by Councilman Schneider to strike Stipulation No. 6 to reflect the previous discussion that adequate on-site parking will be agreed to with City staff determining the correlation of the required parking stalls plus additional stalls to accommodate the movement of inventory vehicles, as well as accommodate service vehicles, employees and customer parking. On-street parking shall not be allowed. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. MOTION by Councilman Schneider to waive the reading and approve the ordinance on first reading, subject to six stipulations. Seconded by Councilman Barnette. Upon a voice vote,. all voting aye, Mayor Jorgenson declared the motion carried unanimously. 21. VARIANCE REOUEST, VAR #97-15, BY BOLTON & MENK. ON BEHALF OF FRIENDLY CHEVROLET, TO REDUCE THE HARD SURFACE SETBACK ALONG A PUBLIC RIGHT-OF-WAY FROM 20 FEET TO 7 FEET; TO REDUCE THE HARDSURFACE SETBACK FROM THE SIDE AND REAR LOT LINES FROM 5 FEET TO 0 FEET; AND TO WAIVE TFIE REQUIREMENT FOR CURB AND GUTTER ALONG THE NORTH EDGE OF A PARHING_LOT, GENERALLY LOCATED AT 7501 ffiGHWAY 65 N.E. (WARD 21: Mr. Hickok, Planning Coordinator, stated that Bolton & Menk has requested that three variances be granted: (1) to reduce the hard surface setback along a public right-of-way from 20 feet to 7 feet; (2) to reduce the hard surface setback from the side and rear lot lines from 5 feet to 0 feet; and (3) to waive the requirement for curb and gutter along the north edge of a parking lot. A previous variance was requested on this site. The petitioner is requesting a variance to reduce the parking setback from the public right-of-way from 20 feet to 7 feet on Fireside Drive. The petitioner has stated that they would like to meet the existing curb lines. As this parking lot is being constructed on vacant land, it is appropriate to deny the variance and construct the improvement in a way that conforms to the code. The code requirements do not create an undue hardship, and the site is not unique when compared to other properties in the vicinity. The property to the east has a 40 foot setback, and this would be a graduation between the existing dealership and the adjacent property. The reduction of parking spaces created by complying with the setbacks does not adversely impact the site. The site provides 586 spaces before the expansion, 390 more than required by code. The increased setback provides additional space for trees and additional landscaping. Because of previously granted variances and the use of the land, there is very little opportunity to have landscaping to enhance the site and minimize the harsh appearance of acres of asphalt. The City has previousiy granted variances to reduce the hard surface setback from the public right-of:way to 0 feet. FRIDLEY CITY COUNCIL MEETNG OF OCTOBER 13. 1997 PAGE_ 20 The petitioner also requests that a variance be granted to reduce the hard surface setback from 5 feet to 9 feet along the north side lot line. The City previously granted this variance to the property to reduce the hard surface setback in the area where parking is shared with the property to the north. In the area of the requested variance, there is no shared parking. The building to the north is located 5.5 feet from the property line, and it would be appropriate to provide 5 feet of green space on the subject property for aesthetic purposes. The petitioner has an opportunity to meet code requirements. The land is vacant, and the site is not unique when compared with other industrial parcels. Finally, the petitioner is requesting that the City grant a variance to waive the curb and gutter requirements for that portion of the property adjacent to the north property line. A variance was granted to this property to temporarily waive the curb and gutter requirement along the south side of the existing parking lot. The requirement was permanently waived along the north side as the property share parking with the adjacent property to the north. On the expanded parking lot, however, there is no shared parking and no purpose to waive the curb and gutter requirement. Staff recommended that the Appeals Commission recommend denial of the request to Council. The Appeals Commission voted unanimously to recommend approval of the request to the City Council with the following stipulation: The related plat, rezoning, and special use permit requests shall be approved. Staff recommends that Council concur with the stafi recommendation and deny the variances as requested. Councilman Schneider stated that he has a problem with the variance request to waive the curb and gutter requirements. The original request was to give the petitioner time to address the development plans. Now Council needs to get the developer as close to code compliance as possible. It was understood that this was a temporary measure. Mr. Dennis Honsa, Bolton & Menk, stated that the existing site is 600 feet long. He is only acquiring 200 feet to the east. He would like to have the 7 foot setback along the existing lot configuration. To reinstall an existing light post costs about $2,500, each and there about twenty light poles. If they jog the existing parking facility they will need to re-stripe and move light poles to realign the parking lot. Mr. Hickok stated that this has not been an element of the discussions with staff. Mr. Honsa stated that the traffic patterns would also be interrupted due to the location of light poles. He also talked about curb and gutter issues. Councilman Schneider agreed that there would be a jog in traffic patterns at some point. He wondered what difference it would make. Mr. Honsa stated that the property purchased on the north side, (the swap with Brenk Brothers), is an attempt to bring a uniform look. Right now they have seven feet, and if they go all the way over to the left to develop it they would be spending a lot of money on this. The pond runs north and south taking up a lot of parking. FRIDLEY CITY COUNCIL MEETNG OF OCTOBER 13 1997 PAGE 21 Mayor Jorgenson stated that the pond addresses the fact that most of the lot is asphalt, and it also addresses the drainage issue. Councilman Schneider asked the developer why the City would need to expand the variance if the City expands the use. The consistency of an ordinance is at issue. There really is not a hardship on this new property. Mr. Honsa stated that that they would have to redesign parking stripes and light posts. They are trying to �get as many stalis as possible. When the traffic is run straight, that would maximize the number of usable stalls. Part of the condition on this variance is for additional landscaping. Councilman Schneider asked if Bolton & Menk were willing to work with staff to address this. Councilman Billings requested clarification if the light poles are on the 7 feet off set. He asked where the driving lane would be and what direction the cars would face as they parked just north the cars on the 200 foot e�ension. Mr. Honsa stated that the light poles are positioned in the second row of the parking lot. The driving lane is just north of the parking stalls. The front of the car faces Fireside. These cars also face north and south. Plans to expand the building and shift the employee parking will be addressed. Their goal was to have employees offFireside Drive. Mr. Flora asked what the difference was in the width of the lot on either end. Mr. Honsa stated that going out to where the plat is, the width is 534 and then 532. Councilman Billings stated it appears that there is a 50 foot difference in the width. If the 20 feet of grass space were to be kept on the new 200 feet, you could taper from the cunent property line to the west and blend the line instead of having the 20 foot jog. Councilman Schneider stated that the developer has done a great job on the property. There is a set of codes that the City tries to have everyone comply with. The City has addressed the hardship in the past and felt that this did not prevent the petitioner from doing the work they want to do. He recommended that the developer mitigate with staff on these variances. Mr. Honsa stated that if they went with Council's suggestion of a transition, they would still need a variance. The hard surface setback request was for a common driveway for both property owners. Councilwoman Bolkcom stated that it did not make sense to continue this hardship variance on the driveway. She also recommended that the developer meet with staff to work out this issue. Councilman Schneider stated that the hardship is based on the fact that the City granted the variance. He did not know why the developed property would not have curb and gutter. The variance was based on the fact that the developer did not know what they were going to do with FRIDLEY C_I_TY COUNCIL MEETNG OF OCTOBER 13, 1997 PAGE 22 the property. It did not make sense to install curb and gutter back then. Now that the developer knows what they are going to do with the property, they should comply and install curb and gutter. Mr. Honsa stated that he sees no reason why they should have curb and gutter based on the 1996 variance. Councilman Billings recommended that the petitioner look at minutes from the Council meeting of May 1996 concerning the development plans. MOTION by Councilman Schneider to table Variance Request, VAR #97-15, by Bolton & Menk, on behalf of Friendly Chevrolet and refer it to staff for consideration. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor 7orgenson declared the motion carried unanimously. 22. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY_ OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS (REZONING REOUEST, ZOA #97-05, BY DOLPHIN DEVELOPMENT_AND CONSTRUCTION CO.. INC.. TO REZONE PROPERTY GENERALLY LOCATED 73RD AND UNIVERSITY AVENUESI (WARD1): Mr. Hickok stated that this is a companion rezoning request to the discussion to rezone property from M-2 Heavy Industrial, to C-2, General Business. The Planning Commission conducted a public hearing regarding this rezoning request at its October l, 1997, meeting. Seven residents of the Melody Manor neighborhood spoke about this issue. The speakers were generally opposed to development on the site at 73rd and University Avenues. Council must act on this item by October 28, 1997 according to the Sixty-Day Agency Action Law. Councilman Schneider noted that he will vote in favor of this request, reluctantly acknowledging the comments of the developer. If a special use permit comes through, the burden falls on the City to deny the request. Councilman Billings said he would support the rezoning. Other areas along University Avenue are similarly created and shaped as C-2. There is a conflict between our Comprehensive Plan and the Zoning Ordinance. The City did not get a definitive response from counsel. If it were to go before a state judge, Councilman Billings believed it would be determined to be industrial. The neighborhood stated that they would like to see a bank or a funeral home which is C-Z compatible. This item has been before Council a few times. The railroad has tried to market the property for quite some time. What happens is that the property has been determined flawed, and the developers are taking a rational approach to the property. Developers are afraid to get too far down the process prior to its zoning. The developer was to get the zoning in order to proceed. It is common knowledge that this developer wants to control this site, and he has typically worked with gas stations and convenience stores. There is probably more than a fifty percent chance that FRIDLEY CITY COUNCIL MEETNG OF OCTOBER 13 1997 PAGE 23 the developer will be here requesting a special use permit. Council may be able to place some control on the site via landscaping, etc. If it were to be a bank with the proposal as shown, it is a very good concept mitigating the impact on the neighborhood. Councilwoman Bolkcom stated that a better development can come along. Lighting and other controls can be addressed even if a convenience store were proposed. Councilman Barnette stated that he will vote in favor of the motion. Council still has some controls concerning the future development. MOTION by Councilman Billings to waive the reading and approve the ordinance on first reading. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. 23. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS (BY FRANK MASSERANO, III, TO REZONE PROPERTY GENERALLY LOCATED AT 63RD AVENUE AND EAST MOORE LAKE DRIVE) (WARD 2): NIr. Hickok, Planning Coordinator, stated that the Planning Commission� conducted a public hearing regarding this rezoning request at its October 1, 1997 meeting. One future and one current resident of the adjacent neighborhood spoke on this issue. The speakers were generally supportive of the development on the site at 63rd Avenue and Moore Lake Drive. Issues such as building design, building height, and landscape screening were discussed. Staff recommends that Council approve the first reading of the ordinance rezoning the property at the southwest corner of 63rd Avenue and East Moore Lake Drive, from R-1, Single Family Residential and C-3, General Shopping Center, to CR-1, General Office. MOTION by Councilman Schneider to waive the reading and approve the ordinance on first reading with the following three stipulations: (1) approval of VAR #97-18; (2) a new landscape plan will be required and shall be approved by staff prior to issuance of a building permit; and (3) a Comprehensive Plan amendment will be required to reflect a commercial designation (to be completed as part of the City's overali Comprehensive Plan amendments.) Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. 24. RESOLUTION NO 82-1917 APPROVING A VACATION SAV #97-01, GENERALLY LOCATED AT 6017 THIRD STREET N E BY MARGARET REED) (WARD 3): Ms. Dacy, Community Development Director, stated that three property owners along the east side of Third Street north of 60th Avenue are petitioning for an alley vacation along the rear of their properties abutting University Avenue. This request is similar to a request which was filed FRIDLEY CITY COUNCIL MEETNG OF OCTOBER 13, 1997 PAGE 24 by a property owner further north in the same block in 1987. The subject property consists of three parcels located at 6007, 6011 and 6017 Third Street N.E. Two of the three properties (6007 and 6011) receive access from 60th Avenue and Third Street. The property at 6017 Third Street has been using the alley to gain access to the garage at the rear of the property. The property owner at 6017 Third Street is Margaret Reed who intends to construct a new driveway from Third Street to a new garage at the rear of the property. She has spoken to the neighbors Michael Pestello at 6011 Third Street and Antoinette Ferdelman at 6007 Third Street. The three have jointly signed a petition to vacate the 12 foot alley at the rear of the three lots. There is an overhead Northern States Power power line which runs along the alley. As was done with the previous application, a public drainage and utility easement covering the entire 12 feet should be retained in order to provide an access for public utilities. The alley vacation itself does not pose any adverse concerns to the abutting owners who are petitioning for this request. The owners, however, need to be aware of the significant legal process which will ensue as a result of the vacation procedure. The process which needs to occur is based on stai�s experience with the previous vacation request by Wayne Johnson. Although he initiated in 1987, the matter was not concluded until 1992 because of the variety of legal issues and the number of property owners affected by the case. The P(anning Commission has recommended the approval of the vacation request subject to the following stipulations: (1) The petitioners agree to provide a 12 foot wide public drainage and utility easement along the entire length of the alley; (2) The petitioners are responsible for the appropriate memorialization processes required to properly attach the 12 foot alley to each of the subject properties; (3) The area now used as an alley shall be converted to lawn/grass area no later than one year after completion of the memorialization process; (4) Vehicles shall not be stored on the vacated alley, and must be parked in conformance with City Code; and (5) The petitioners shall provide the correct legal description of the alley to be vacated, including the triangular-shaped property next to 6007 Third Street. Ms. Dacy stated that Stipulation No. 5, requesting the petitioners provide the conect legal description of the alley to be vacated, including the triangular-shaped property next to 6007 Third Street should be removed because it has already been done. MOTION by Councilman Billings to amend Resolution No. 82-1997 striking Stipulation No. 5. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. MOTION by Councilman Barnette to adopt Resolution No. 82-1997. Seconded by Council- woman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETNG OF OCTOBER 13, 1997 PAGE 25 25. SPECIAL USE PERMIT. SP #97-07, BY PAUL LITWINCZUK, TO ALLOW A SECONDARY ACCESSORY STRUCTURE, GENERALLY LOCATED AT 6291 CENTRAL AVENUE N.E. (WARD 2): Mr. Hickok, Planning Coordinator, stated that the petitioner is requesting a special use pernut to allow a second accessory structure at 6291 Central Avenue which is in the southeast corner of Rice Creek Road and Central Avenue. The petitioner has recently constructed a new home with an attached garage. The proposed second accessory structure is an e�sting 360 square foot garage which was built in 1973. The petitioner proposes to keep the structure in its cunent location, and he would like to re-side and re-roof it to match the new dwelling. Mr. Hickok stated that a building pernut was issued for the new dwelling on May 28, 1997. A demolition permit to remove the dwelling constructed in the 1930's was obtained on October 20, 1995. The petitioner was cited for lack of properly completing the demolition project by not filling the hole left by the foundation. A bench warrant issued for the petitioner's anest was recently dismissed given the petitioner's construction of the new home. A special use permit in 1995 for a second accessory structure was granted subject to three stipulations. A variance was also approved in 1995 to permit an existing encroachment by the former structure. The 1995 special use permit lapsed given the petitioner's demolition of the original structure and construction of a new home. Mr. Hickok stated it is staf�s understanding that the garage is to be used for storage purposes and not to be a garage for vehicular storage. Therefore, the typical requirement for a hardsurface driveway is not recommended, and in its place is a stipulation to prevent access to Rice Creek Road. Staff recommends a"double door" as opposed to an overhead door to minimize the garage appearance and promote a more appealing storage appearance. All grading, drainage and downspout locations shall be designed in a matter to prevent detrimental runoff impacts to adjacent properties. All vehicles shall be stored on a hardsurface as approved by the City. Siding and roofing materials shall match the e�erior of the new dwelling. A$20,000 letter of credit shall be submitted prior to issuance of a moving/building permit to insure timely completion of the project. Failure to complete the project by October 1, 1998, shall constitute a basis for establishing a public hearing to revoke the special use permit. The Planning Commission voted to recommend approval of the request to the City Council. The Commission replaced Stipulation No. 3 to read: "The structure shall not be used for a home occupation." Stipulation No. 5 was also amended to read: "An overhead garage door shall be installed." The word "moving" was deleted from Stipulation No. 6. Staff recommends that Council concur with the Planning Commission action. Mr. Hickok stated that the sixty-day window is October 28, 1997. MOTION by Councilman Schneider to table Special Use Permit, SP #97-07, by Paul Litwinczuk. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor 7orgenson declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETNG OF OCTOBER 13, 1997 PAGE 26 26 RESOLUTION APPROVING A PLAT, P.S. #97-4. HEATHER HILLS NORTH BY THE PHILIP STEPHAN COMPANIES, INC., TO RESUBDIVIDE THE PROPERTY, GENERALLY LOCATED AT 6217 CENTRAL AVENUE N.E.1 (WARD 21: Mr. Hickok, Planning Coordinator, stated that the petitioner has recommended that this issue be tabled at this time. Mr. Knaak, City Attorney, stated that this is an unusual issue. He has spoken to the petitioner and their attorney. They expressed a desire to have the matter continued for thirty days to try to resolve this issue. Unfortunately, that bumps them up to the sixty-day rule. The petitioner is asking that the City extend the sixty-day rule for an additional thirty days. Mr. Knaak recommended continuing an extra thirty days to afford them time. Mr. Knaak stated that upon the request of the developer, it is to be tabled for thirty days. The sixty-day extension is a sixty-day extension which does not preclude Council from taking action on this item. After the hearing date is up, Council can proceed. Councilman Billings stated that the petitioner was led to believe that by extending this Council would not discuss the issue. However, Councilman Billings had a few questions. On the proposed plan, it looks like there is something on Central Avenue that is 50 feet wide. It appears that 78.6 feet is the size of lot one which is a corner lot. He asked if the City requires a corner lot to be larger. Mr. Hickok stated that the corner lot is land that will be dedicated to this plat as right-of- way. Ms. Dacy stated that 80 feet is the requirement on the corner lot. Councilman Billings suggested that staff bring that information back to the petitioner prior to the November 10 deadline. He also suspected Heather Hills may have an area, Outlot A. It was platted in the first Heather Hills addition so a driver would not have to enter from Ben More Drive. He suggested that staff bring that to Mr. Domer's attention. If he is negotiating with Outlot B owner and Outlot A he might get more support from the Ben More neighborhood. Mr. George Batson, 6191 Heather Place, said his residence faces the development. He was also willing to come back to another Council meeting to repeat himself. There are concerns, as the development has a new name, Heather North instead of Heather Place. He does not know of a single person supporting this concept. He is present because he was aware that Council may delay this issue. MOTION by Councilman Schneider to table action for thirty days on this resolution. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETNG OF OCTOBER 13 1997 PAGE 27 MOTION by Councilman Schneider to e�end the review period by sixty days to the petitioner on the request for a resolution approving a Plat, P.S. #97-04, Heather Hills North (by the Philip Stephan Companies, Inc., to re-subdivide the property, generally located at 6217 Central Avenue.). Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. 27. INFORMAL STATUS REPORTS Mayor Jorgenson stated that she has received numerous telephone calls on the University Avenue fence issue. A proposal was received from the Southern Anoka County Chamber of Commerce on the fence for the east side of University Avenue. Councilwoman Bolkcom stated that she would like to have a discussion on this issue to review the Chamber's recommendation and staffs recommendation. There are many items to consider beside the Chamber's proposal. Mayor 7orgenson reiterated that a Comprehensive Plan meeting is scheduled. Residents are encouraged to participate in this process. Councilwoman Bolkcom added that residents should please return the survey, as it is very important. Councilman Billings stated that Mr. Flora and he met with property owners on Jackson Street concerning water in their basements. Some property owners have sump pumps running seven days a week. The residents asked where the water was coming from and if anybody has done hydrology studies. Mr. Flora will do some research. Before the City spends any money on the project, a proposal will be brought before Council. Mayor Jorgenson reported that she received a telephone call from a resident regarding a washout at Cheri Lane at Menards. Mr. Flora reported that the City is working with MnDOT. Results have been incorporated into the Highway 65 ramp project. Easements are needed to install a catch basin into the Menards parking lot. MnDOT will fund the project. The City will look at the area to see if we can plug up the hole. Councilwoman Bolkcom stated that she met with some residents regarding the path along the parkway in the area from Mississippi Street to Stevenson School. Mayor Jorgenson stated that there is a rumor going around that is not conect. There was a road kill involving a deer. A report of children chasing an animal; however, is not related to the death of this animal. FRIDLEY CITY COUNCIL MEETNG OF OCTOBER 13, 1997 PAGE �8 ADJOURNMENT: MOTION by Councilwoman Bolkcom 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 October 13, 1997 adjourned at 11:30 p.m. Respectfully submitted, Debbie Kidder Nancy J. 7orgenson Acting Secretary to the City Council Mayor MEMORANDUM DEVELOPMENT DIRECTOR DATE: October 23, 1997 � TO: Witliam Bums, City Manager �'� FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Second Reading of an Ordinance approving a Rezoning, ZOA #97-04, by Bolton and Menk (on behalf of Friendly Chevrolet); Generally Located at 7501 Highway 65 N.E. The City Council approved the first reading of the attached ordinance at their October 13, 1997 City Council meeting with the following stipulations: 1. Barbed wire shall not be installed on the extended fence and shall be removed from the existing fence. 2. Three MarshalPs Ash, space evenly, shall be installed along Fireside Drive in addition to the proposed hedge. 3. The plat and variance request shall be approved. 4. The petitioner shall receive a special use permit prior to expansion of the parking lot. 5. Additional hedge materials shall be installed along Fireside Drive in the area of the "old" parking lot. 6. Adequate on-site employee and customer parking shall be provided, on-street parking shall not be allowed. 1.01 Bolton and Menk ZOA October 23, 1997 Page 2 RECOMMENDATI N Staff recommends that the City Council approve second reading of the attached ordinance rezoning the property adjacent to 7501 Highway 65 from M-4, Manufacturing Only to C-3, General Shopping Center. MM/dw M-97-438 1.02 ORDINANC$ NO. ORDINANC$ TO AMEND THB CITY COD$ OF THS CITY OF FRIDL$Y, MINNRSOTA BY MAKING A CHANG$ IN ZONING DISTRICTS The City Council of the City of Fridley does ordain as follows: SECTION 1. SECTION 2. Appendix C of the City Code of Fridley is amended as hereinafter indicated. The tracts or areas within the County of Anoka and the City of Fridley and described as: The East 210= of the West 810' of the SE % of the SE �/ of the NW � of Section 12, Township 30, Range 24, Anoka County, Minnesota Is hereby designated to be in the Zoned District C-3, General Shopping Center SECTION 3 That the Zoning Administrator is director to change the official zoning map to show said tracts or areas to be rezoned from Zoned District M-4, Manufacturing Only to C-3, General Shopping Center District. PASSED AND ADOPTED BY TH$ CITY COUNCIL OF TH$ CITY OF FRIDLEY THIS DAY OF ,1997. ATTEST: WILLIAM A. CHAMPA - CITY CLERK Public Hearing: First Reading: Second Reading: Publication: October 13, 1997 October 13, 1997 1.03 NANCY J. JORGENSON - MAYOR . s � � 612-786-0914 FRIENDLY CHEUROLET u J� �-�./ CHPV�IC October 27, 1997 l�s. Michele McPherson City of Fridley 6431 University Ave NE Fridley, MN 55432 Dear Ms. McPhexson: 830 P02 OCT 2� ' 97 -_ 13: 17 7501 N.E. Hwy. 65 • Fridiey, MN 55432 • www.friendiychev.com General Fax (612) 786-0914 • Sales Fax (6�2) 786-2297 Service - Parts - Body Shop Fax (612) 7g6-� g23 Phone (6� 2) 78fi-6100 Please be advised that Friendly Chevrolet is withdrawing their zequest �or the variances to the pa�rking lot that vvas pre�iously submitted. Sincerely, �o�-� � Ronald E. Stelter � Controller MEMORANDUM PLANNING DIVISIUN DATE: October 8, 1997 TO: Wiiliam W. Bums, City Manager ,�� FROM: Barbara Dacy, Corrimunity Development Director Scott J. Hickok, Planning Coordinator SUBJECT: Second Reading of an Ordinance approving a Rezoning, ZOA #97-05, by Dolphin Development and Construction Co. Inc., to rezone property at 73"' and University Avenues from M-2, Heavy Industrial to C-2, General Business, to allow for future commercial development, generally located at 7299 University Avenue N.E. The City Council approved the first reading of the attached ordinance at their October 13, 1997 City Council meeting Recommendation Staff recommends that the City Council approve the second reading of the attached ordinance rezoning the property at the south-east comer of University Avenue and 73ro Avenue NE, from M-2, Heavy Industrial, to C-2, General Business. 2.01 ORDINANCE NO. ORDINANCE TO AMEND THE C�� CNGE N ZONI G DISTRICTS EY, MINNESOTA BY MAKiNG A CHA The City Council of the City of Fridley does ordain as follows: SECTION 1. Appendix C of the City Code of Fridley is amended as hereinafter indicated. Be and is hereby rezoned subject to the stipulations adopted at the October 1, 1997, City Council meeting. SECTION 2. The tracts or areas within the County of Anoka and the City of Fridley and described as: Lot 1, Block 2, Moore Lake Hightands 3`d Addition, together with Outlot A, Shorewood Plaza , reserving easement of record, Anoka County Minnesota Is hereby designated to be in the Zoned District CR-1, Generai Office SECTION 3 That the Zoning Administrator is director to change the official zoning map to show said tracts or areas to be rezoned from Zoned District R-1, Single Family Residential, and C-3, General Shopping Center to CR-1, General Office. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF �1997• ATTEST: WILLIAM A. CHAMPA - CITY CLERK Public Hearing: October 13, 1997 First Reading: October 13, 1997 Second Reading: Publication: 2.02 NANCY J. JORGENSON - MAYOR ORDINANCE NO. ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS The City Council of the City of Fridley does ordain as follows: SECTION 1. Appendix C of the City Code of Fridley is amended as hereinafter indicated. SECTION 2. The tracts or areas within the County of Anoka and the City of Fridley and described as: Tract A Registered Land Survey No. 78 Anoka County Minnesota Is hereby designated to be in the Zoned District C-2, General Business SECTION 3 That the Zoning Administrator is direct�o change the official zoning map to show said tracts or areas to be rezoned from Zoned District M-2, Heavy Industrial to C-2, General Business. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF ,�997. ATTEST: WILLIAM A. CHAMPA - CITY CLERK Public Hearing: October 13, 1997 First Reading: October 13, 1997 Second Reading: Publication: NANCY J. JORGENSON - MAYOR C. � A MEMOR.ANDUM PLANNING DIVISION DATE: cto er , TO: William W. Bums, City Manager � � FROM: Barbara Dacy, Community Development Director Scott J. Hickok, Planning Coordinator SUBJECT: Second Reading of an Ordinance approving a Rezoning, ZOA #97-06, by Frank Masserano III , to rezone property at 63nd Avenue NE and East Moore Lake Drive from R-1, Single Family Residential and G3, General Shopping Center, to CR-1, General Office, to aflow for future commercial office development. The Planning Commission conducted a Public Hearing regarding this rezoning request at its October 1, 1997, meeting. One future and one current resident of the adjacent neighborhood spok2 to this issue. The speakers were generally supportive of the development on the site at 63'� and Moore Lake Drive. Issues such as building design, building height, and landscape screening were discussed. The Planning Commission recommended approval of the rezoning with stipulations. Recommendation Staff recommends that the City Council concur with the recommendation of the Planning Commission and approve the second reading of the attached ordinance rezoning the property at the south-west comer of 63'� Avenue NE and East Moore Lake Drive, from R-1, Single Family Residential and C-3, General Shopping Center, to CR-1, General Office, with the following stipulations: 1. Approval of VAR #97-18 2. A new landscape plan will be required and shall be approved by staff prior to issuance of a building permit. 3. � A Comprehensive Plan amendment will be required on the portion of the property that is currently designated as residential. 3.01 ORDINANCE NO. ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS The City Council of the City of Fridley does ordain as follows: SECTION 1 SECTION 2. Appendix C of the City Code of Fridley is amended as hereinafter indicated. Be and is hereby rezoned subject to the stipulations adopted at the October 1, 1997, City Council meeting. The tracts or areas within the County of Anoka and the City of Fridley and described as: Lot 1, Block 2, Moore Lake Highlands 3ro Addition, together with Outlot A, Shorewood Plaza , resenring easement of record, Anoka County Minnesota Is hereby designated to be in the Zoned District CR-1, General Office , 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 District R-1, Single Family Residential, and C-3, General Shopping Center to CR-1, General Office. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF ,1997. ATTEST: WILLIAM A. CHAMPA - CITY CLERK Public Hearing: First Reading: Second Reading: Publication: October 13, 1997 October 13, 1997 3.02 NANCY J. JORGENSON - MAYOR � L Q'fY OF FRIDLEY TO: FROM: DATE: MEMORANDUM The Honorable Mayor and City Council William W. Burns, City Manager �� October 23, 1997 William W. Burns City Manager SUBJECT: Resolution Changing Date of December City Council Meeting Attached is a resolution changing the date of the City Council meeting from December 15 to December 8, 1997. This item was tabled at the City Council meeting on October 13. The resolution was rewritten to change only the City Council meeting scheduled in December. The change in meeting date was necessitated by the scheduling requirements for the Truth in Ta�cation hearing. The City has to hold the Truth in Taxation heaxing on a date different from other taxing jurisdictions located in Fridley, and the hearing must be held between November 29 and December 20. The continuation hearing, if necessary, must be at least 5, but no more than 14 business days after the initial hearing. The City's Truth in Taxation hearing has been scheduled for November 29, and a continuation heaxing date has been set for December 8, which is within the time limits specified, and does not conflict with a hearing date specified by any other taxing jurisdiction in Fridley. Staff recommends that the City Council adopt the attached resolution changing the City Council meeting from December 15, 1997, to December 8, 1997. WWB:rsc 4.01 RESOLUTION NO. - 1997 RESOLUTION CHANGING DATE OF CITY COUNCIL� MEETING FROM DECEMBER 15, 1997, TO DECEMBER 8, 1997 WHEREAS, the Minnesota State Legislature has required that Fridley and other municipalities hold their Truth in Taxation hearings on days different from other taxing jurisdictions; and WHEREAS, the City of Fridley has identified Saturday, November 29, 1997, as the only available date for its Truth in Taxation hearing; and WHEREAS, Monday, December 15, 1997, is not within the time limits required by the State for continuation of its Truth in Taxation hearing; . NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley that its regularly scheduled meeting of Monday, December 15, 1997, shall be officially moved to Monday, December 8, 1997. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF OCTOBER, 1997. ATTEST: NANCY J. JORGENSON - MAYOR WILLIAM A. CHAMPA - CITY CLERK 4.02 C I T Y O F F R I D L E Y M E M O R A N D U M TO: WILLIAM W. BURNS, CITY MANAGER �� FROM: SUBJECT: DATE: RICHARD D. PRIBYL, FINANCE DIRECTOR AILLIAM A. CHAMPA, CITY CLERR FIRST READING OF AN AMENDMENT TO CHAPTER 602, ��BEER LICENSING� OF THE FRIDLEY CITY CODE OCTOBER 23, 1997 In 1996, the State Legislature passed an amendment to State Statutes 340A.410 (Liquor Licensing). Subdivision 3 of this amendment states that a political subdivision may not issue a 3 2 percent malt licruor license that includes the term "non intoxicating liquor". Instead, the State of Minnesota suggested cities change all references to "3.2 percent malt liquor". The attached draft ordinance strikes all references to "non- intoxicating" and replaces them with "3.2 percent". The language "malt liquor" is already present in Chapter 602. Another change recommended by staff and supported by Attorney Fritz Knaak is to modify part of the approval process outlined in Section 602.05.O1.C. Existing language requires three Council meetings for a beer license to be approved: 1) request a public hearing, 2) hold a public hearing, and 3) grant the license. Combined with the time it takes to conduct a background investigation and the publication requirements, approval can often take two to three months. This makes the City likely to violate the 60 Day Agency Action Law, which states that if a city does not act on a request within 60 days, that request is automatically granted to the petitioner. In the past year, on at least two occasions we have taken longer than 60 days to approve a liquor license. To expedite approvals while maintaining the thoroughness of the process, staff recommends that the initial request for a public hearing be changed so that the City Clerk may designate the date and publish the public hearing notice as soon as the background investigation is completed. Staff recommends approval of this ordinance. Section 3.07.01 of the City Charter allows us to publish a title and summary description if the publication clearly informs the public of its intents and effect. Since this is a nine page ordinance with minimal changes, staff recommends that the attached OFFICIAL TITLE AND SUNIlKARy be approved for publication. Attachments 5.01 ORDINANCE NO. AN ORDINANCE AMIIdDING CHAPTER 602, "BEER LICENSING", OF THE FRIDLEY CITY CODE, TO DELETE THE WORD "NON-INTORICATING" AND REPIACE IT WITH "3.2 PERCENT" AND TO AMEND SECTION 602.05.O1.0 602.01. DEFINITIONS The following definitions shall this Chapter and the following Chapter, are defined as follows: apply in the interpretation and application of words and terms, wherever they occur in this 1, Beer or �Te�-��ei�g3 2 Percent Malt Liquor. Any malt liquor with an alcoholic content of more than one-half of one percent (.5$) by volume and not more than 3.2 percent (3.2$) by weight. 2, Entertainment. Includes, but is not limited to, music; singing; plays; dancing, either by the public or performers; motion pictures; exposition; performances; male or female reviews; fashion shows; TV, other than regular public channels; concerts; or any other deliberate act intended to amuse or entertain patrons and/or employees. 3. Sale, Sell, or Sold. All barters and all manners or means of furnishing beer or �et� }R�e��3 ? percent malt liquor including such furnishing in violation or evasion of law. 4. Tavern. An establishment for nae softe drinksesoldl at Sret il rfore consumption �ons the tobacco, beverages, a premises. 602.02. LICENSES RF.QUIRED l. Licenses. No person, except wholesalers and manufacturers to the extent authorized by law, shall deal in or dispose of by sale or keep or offer for sale, any beer within the City without first having received a Relulare "on-saleinaf�t2j Temporary Licenses shall be of three kinds: (1) g "on-sale"; and (3) "Off-sale". 2, Regular "On-sale". Regular "on-sale" licenses shall be granted only to bona fide clubs, taverns, exclusive "on-sale" liquor stores, restaurants, and hotels where food is prepared and served for cons onsum tionton the�premisesOonlyle" licenses shall permit the sale of beer for p 5.02 3. Temporary "On-sale". Temporary "on-sale" licenses shall be granted only to bona fide clubs and charitable, religious, and nonprofit organizations for the sale of beer for consumption on the premises only. Said temporary licenses shall be granted upon written application to the City Council upon forms provided by the City. The provisions of Chapter 602 of the Fridley City Code, as applicable, shall be observed by said nonprofit organizations. 4. "Off-sale". "Off-sale" licenses shall permit the sale of beer at retail, in the original package for conswnption off the premises only. 5. Exemption. The serving or disposing of "free" beer without consideration of purchase of tickets, coupons, goods, services or any means of payment is allowed without a license. Notwithstanding the license requirements, persons who serve or otherwise dispose of "free" beer must comply with all laws pertaining to the serving or disposing of beer. If in the opinion of the Public Safety Director or such Director's designee, the serving of "free" beer is creating a public safety danger or infringement of peace and tranquility or violation of laws, persons serving or disposing of "free" beer shall cease serving or disposing of "free" beer upon order of a law enforcement officer. Persons who continue to serve or dispose of "free" beer after being ordered to cease shall be guilty of a misdemeanor. (Ref. 743) 602.03. LICENSE APPLICATIONS Every application for a license to'sell beer shall be made to the City Clerk on a form supplied by the City and containing such information as the Clerk or the City Council may require. It shall be unlawful to make any false statement in an application. 602.04. LICENSE FEES 1. Payment Required. Each application for a license shall be accompanied by a receipt from the City Treasurer for payment in full of the required fee for the license. All fees shall be paid into the General Fund of the City. Upon rejection of any application for a license, the Treasurer shall refund the amount paid. 2. Expiration; Pro Rata Fees. Every license except a temporary license shall expire on the last day of April of each year. Each license except a temporary license shall be issued for a period of one (1) year, except that if a portion of the license year has elapsed when the license is granted, the license shall be issued for the remainder of the year for a pro rata fee. In computing such fee, any unexpired fraction of a month shall be counted as one (1) month. A temporary license shall be issued for a specific period in which a special event to which the sale is incident is being held and such period shall be stated on the license. 3. Fees. Every "on-sale" license shall include license fee shall include an "off-sale" annual and temporary license fees and provided in Chapter 11 of this Code. an "off-sale" license. Each "on-sale" license at no additional expense. The initial investigation fee shall be as 5.03 602.05. GRANTING OF LICENSES 1. Initial Licenses A. In order to assist the City Council in investigating the facts set out in the application and in order to determine the eligibility of the applicant for a license, pursuant to the provisions of this Chapter and of the State Law, the City Council may appoint a License Board. In the event that such License Board is established, it shall be organized in such a manner as the City Council shall determine by resolution. B. All applications for a license shall be referred to the Public Safety Director and to such other City Departments as the City Manager shall deem necessary for verification and investigation of the facts set forth in the application. The Public Safety Director shall cause to be made such investigation of the information requested in Section 602.03 as shall be necessary and shall make a written recommendation and report to the License Board, or to the City Council, as the case may be, which shall include a list of all vialations of Federal or State law or Municipal ordinance. The License Board, or City Council may order and conduct such additional investigation as it shall deem necessary. C. Upon receipt of the written report and recommendation by the Public Safety Director and within twenty (20) days thereafter, `� '"' '"� -�F �. T � a ��. �; �---�-- - • � �- � �— ��-- �'- the City Clerk �a � shall cause to be published in the official newspaper, ten (10) days in advance, a notice of a hearing to be held by the License Board or the City Council, setting forth the day, time and�place when the hearing will be held, the name of the applicant, the premises where the business is to be conducted, the nature of the business and such other information as the License Board may direct. At the hearing, opportunity shall be given to any person to be heard for or against the granting of the license. A license, other than a renewal, shall not be approved before the next regular meeting of the City Council following such hearing. D. After receiving such report, recommendation and public comment for the initial license, the City Council shall conduct within a reasonable time such additional hearing as it may deem advisable and thereafter shall grant or refuse the application in its discretion. E. Each license shall be issued to the applicant only. Each license shall be issued only for the premises described in the application. No license may be transferred to another person or to another place without complying with the requirements of an original application, including the approval of the City Council and the Liquor Control Commissioner as required. F. The City Clerk shall, within ten (10) days after the issuance of any license under this Chapter, submit to the Liquor Control Commissioner the full name and address of each person granted a license, the trade name, the effective license date, and the date of expiration of the license. The City Clerk shall also submit to the Liquor Control Commissioner any change of address, transfer, cancellation or revocation of any license by the Council during the license period. 5.04 G. Where a license is granted to premises where the building is under construction or otherwise not ready for occupancy, the City Clerk shall not issue the license until notification by the Building Inspection Department that a Certificate of Occupancy has bQen issued and the building is ready for occupancy. 2. Renewal Licenses A. Applications for the renewal of an existing license shall be made at least 60 days prior to the date of the expiration of the license and shall. be made in such abbreviated form as the City Council may approve. If, in the judgment of the City Council, good and sufficient cause is shown by an applicant for their failure to file for a renewal within the time provided, the City Council may, if the other provisions of this Chapter are complied with, grant the application. A review shall be made of all facts set out in the application. The City Council shall grant or refuse the application in its discretion. B. Each license holder shall be given written notice, by mail, at least ten (10) days but not more than thirty (30) days beiore the City Council acts upon their license renewal. This notice shall be in a form as designated by the City Clerk and shall specify the date and time when the renewal application will be considered by the City Council. The license holder shall be permitted an opportunity to address the City Council on its license renewal application. (Ref. 806) 602.06. PERSONS INELIGIBI.E FOR LICENSES No license shall be granted to or held by any person who: 1. Is under twenty-one (21) years of age; (Ref. 909) 2. Has, within five (S) years prior to the application for such license, been convicted of a felony, or of violating any law of this State or local ordinance relating to the manufacture, sale, distribution, or possession for sale or distribution of intoxicating liquors or beer, and cannot show competent evidence under Minnesota Statutes, Section 364.03, of sufficient rehabilitation and present fitness to perform the duties of a beer licensee; 3. Is a manufacturer of beer or is interested in the control of any place where beer is manufactured; 4. Is not of good moral character and repute. If the applicant has been an owner, manager, or employee of a saloon, hotel, restaurant, cafe, tavern, or other business of a similar nature, the City Council may consider the applicant's past performance record in determining whether a license shall be granted or renewed; S. Is or during the period of this license becomes the holder of a federal retail liquor dealer's special tax stamp for the sale of intoxicating liquor at any place, unless there has also been issued to him or her a local license to sell intoxicating liquor at such place; or 6. Is not the proprietor of the establishment for which the license is issued. (Ref. 14) . 5.05 602.07. PLACES INELIGIBLE FOR LICENSE 1. Distance from Schools and Churches. Except for those organizations who have been issued temporary licenses to sell �� A��3 2 vercent malt liquor pursuant to Sec blicbor • oarochial school shall be granted for any place within 300 feet of any p P or within 300 feet of any church. In applying this restriction, the distance shall be measured in a straight line from the school or church building to the main public entrance of the premises described in the application. (Ref. 294) 2. Unpaid Financial Claims. No license shall be granted for operation on any premises upon which taxes or assessments or other financial claims of the City are delinquent and unpaid. 602.08. CONDITIONS OF LICENSE 1. General Conditions. , Every license shall be granted subject subdivisions and all other provisions applicable ordinance of the City or State to the conditions in the following of this Chapter and of any other law. 2. Sales to Minors or Intoxicated Persons. No beer shall be sold or served to any intoxicated person or to any person under twenty-one (21) years of age. (Ref. 47, 909) 3. Consumption by Minors. No person under the age of twenty-one (21) years shall be permitted to consume beer on the licensed premises. (Ref. 909) 4. Employment Of Minors. No person under eighteen (18) years of age shall be ears �of a�e mae beeemployed a tavern, except that persons under eighteen (18) y S y as musicians, bus-boys and kitchen help. (Ref. 675) 5. Gambling No gambling or any gambling device shall be permitted on any licensed premises. Prohibited gambling shall include private social bets not part of or incidental to organized, commercialized, or systematic gambling. ��la lin cards, ideo include slot machines, roulette wheels, punchboards, dice, p y 8 game of chance and pin-ball machines which return coins or slugs, chips, or tokens of any kind which are redeemable in merchandise, cash or other item of value. Gambling is prohibited whether or not licensed by the State. (Ref. 958) 6, Interest of Manufacturers or Wholesalers. No manufacturer or wholesaler of beer shall have any ownership ° rovi ions of an establishment licensed to sell at retail contrary to the p Minnesota Statutes. No retail licensee and manufacturer or wholesaler of beer shall be parties to any exclusive purchase contract. No retail licensee shall receive any benefits contrary to law from a manufacturer or wholesaler of beer 5.06 and no such manufacturer or wholesaler shall confer any benefits contrary to law upon a retail licensee. 7. Liquor Dealer's Stamp, No licensee shall sell beer while holding or exhibiting in the licensed premises a federal retail liquor dealer's special tax stamp unless he or she is licensed under the laws of Minnesota to sell intoxicating liquors. 8. Sales of Intoxicating Liquor. No licensee who is not also licensed to sell intoxicating liquor and who does not hold a"public drinking place license" shall sell or permit the consumption and display of intoxicating liquors on the licensed premises or serve any liquids for the purpose of mixing with intoxicating liquor. The presence of intoxicating liquors on the pre�ises of such a licensee shall be prima facie evidence of possession of intoxicating liquors for the purpose of sale. 9. Inspection. Any police officer or health -inspector may enter, inspect and search the premises of a licensee during business hours without a search and seizure warrant and may seize all intoxicating liquors and other evidence of violations found on the licensed premises in violation of this Chapter. 10. Licensee Responsibility. Licensees shall be responsible for the conduct of their place of business and shall maintain conditions of sobriety and order. The act of any employee on the licensed premises authorized to sell or serve beer shall be deemed the act of the licensee as well and the licensee shall be liable to all penalties provided by this Chapter equally with the employee. 602.09. AOURS 1. Closing Hours, No sale of beer or ' ' 3.2 ercent malt liquor may be made between 1:00 a.m, and 8:00 a.m, on the days of Monday through Saturday, nor between 1:00 a.m. and 12:00 noon on Sunday. No sale may be made on Christmas Day, December 25; or after 8:00 p.m, on Christmas Eve, December 24. (Ref. 501, 550, 602,-647, 783, 932, 982) 2. Remaining on Premises. It shall be unlawful for any persons or customers, other than the licensee or their employees, to remain on the premises after 1:30\a.m. There shall be no consumption of wine, ' ' 3.2 ercent malt liquor, or any intoxicating liquor by any persons, including licensees or their employees, after 1:30\a.m. 602.10. CLUBS No club shall sell beer except to members and to guests in the company of members. 5.07 602.11. RESTRICTIONS ON �C�E � CONSUl�PTION 1. Age Misrepresentation. Persons under twenty-one (21) years of age shall not misrepresent their age for the purpose of obtaining beer. (Ref. 909) 2. Inducing Purchase. No person shall induce a person under the age of twenty-one (21) years to purchase or procure beer. (Ref. 909) 3, Procurement. No person other than the pary t or legalearsrdi(Refh 909) rocure beer for any person under the age of twent one (21) y 4. Possession. Persons under twenty-one (21) years of age shall not have beer in their possession with the intent to consume it at a place other than the household of their parents or guardians. (Ref. 909) 5. Liquor Consumption and Display. No person shall consume or display alsoilicensedito sell intoxicating liquors a licensee unless said licensee is a or holds a"public drinking place license". 602.12. ENTERTAINMII�]T LICENSE REQUIRED No person operating an establishment in the business of selling�'permitting to be displayed or consumed an intoxicating liquor or r}e�--��r�e - 03 2 uercent malt liquor shall permit any entertainment on the premises without having secured a license from the City Council to permit such entertainment. 602.13. LIABILITY INSURANCE 1, Every person licensed to sell at retail intoxicating liquor or ��*-�`��3 2 vercent malt liquor at on-sale or off-sale or on-sale wine shall, after August 1, 1983 , demonstrate proof of financial responsibility with regard to liability imposed by Minnesota Statutes, Section 340.95 to the City Clerk as a condition of the issuance or renewal of his or her license. Proof of financial responsibility may be given by filing: A. A certificate that there is in effect for the period covered by the license an insurance policy or pool providing the following minimum coverages: (1) $50,000 because of bodily injury to any one person in any one occurrence, and, subject to the limit for one person, in the amount of $100,000 because of bodily injury to two or more persons in any one occurrence, and in the amount of $10,000 because of injury to or destruction of property of others in any one occurrence. (2) $50,000 for loss of ineans of support of any one person in any one occurrence, and, subject to the limit for one person, $100,000 5.08 for loss of ineans of support of two or more persons in one occurrence; or B. A bond of a surety company with minimum coverages as provided in � clause (A) above, or C. A certificate of the State Treasurer that the licensee has deposited with the State Treasurer $100,000 in cash or securities which may legally be purchased by savings banks or for trust funds having a market value of $100,000. 2. A liability insurance policy required by Section 602.13.1 shall provide that it may not be canceled for any cause, either by the insured or the insurance company without first giving ten (10) days notice to the City of Fridley in writing of the intention to cancel it, addressed to the City Clerk of the City of Fridley. 3. A liability insurance policy required by Section 602.13.1 shall provide that the insurance company agrees to contact the City of Fridley in writing and addressed to the City Clerk of the City of Fridley, within ten (10) days of any claim made against the policy. 4. A liability insurance policy required by Section 602.13.1 that contains annual aggregate limits of liability shall require the insured to buy additional coverage after any claim is made that reduces the coverage under the policy below the requirements of Section 602.13.1. 5. The operation of a retail intoxicating or 3.2 ercent malt liquor business at on-sale or off-sale or on-sale wine, without having on file at all times with the City of Fridley the liability insurance policy or other evidence of financial responsibility required under Section 602.13.1 shall be grounds for immediate revocation of the license. Notice of cancellation of a current liquor liability policy serves as notice to the licensee of the impending revocation and unless evidence of compliance with the financial responsibility requirements of Section 602.13.1 is presented to the City Clerk before the termination is effective, the license will be revoked instantly upon the lapse. 6. The City Clerk shall submit the provided proof of financial responsibility to the Commissioner of Public Safety. 602.14. REVOCATION The violation of any provision or condition of this Chapter by beer licensees or their agents is ground for revocation or suspension of the license. The license of any person who holds a federal retail liquor dealer's special tax stamp without a license to sell intoxicating liquors at such place shall be revoked without notice and without hearing. In all other cases, except where mandatory revocation is provided by law without notice and hearing and except where suspension may be made without a hearing, the holder of the license shall be granted a hearing upon at least ten (10) days notice before revocation or suspension is ordered. The notice shall state the time and place of hearing and the nature of the charges against the licensee. 602.15. PENALTIES Any violation of the provisions of this Chapter is a misdemeanor and is subject 5.09 to all penalties provided for such violations under the provisions of Chapter 901 of this Code. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1997. ATTEST: WILLIAM A. CHAMPA - CITY CLERK First Reading: Second Reading: Publish: 5.10 NANCY J. JORGENSON - MAYOR ORDINANCE N0. OFFICIAL TITLE AND SUMMARY I. TITLE An ordinance recodifying the Fridley City Code, Chapter 602, entitled "Beer Licensing," by deleting the word "non-intoxicating" and replacing it with "3.2 percent", and amending Section 602.OS.O1.C. II. SUhIl�fARY The City Council of the City of Fridley does hereby ordain as follows: The proposed ordinance removes language which the 1996 Minnesota Legislature deemed inappropriate. The term "non-intoxicating" is replaced with "3.2 percent to define a specific type of liquor. The proposed ordinance also �� changes the method for granting a public hearing by enabling the City Clerk to designate and publish the public hearing date. III. NOTICE This Title and Summary have been published to clearly inform the public of the intent and effect of the City of Fridley's ordinance requirements for beer licensing. A copy of the ordinance, in its entirety, is available for inspection by any person during regular business hours at the offices of the City Clerk of the City of Fridley, 6431 University Avenue, N.E., Fridley, MN 55432. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1997. ATTEST: WILLIAM A. CHAMPA - CITY CLERK Publication: 5.11 NANCY J. JORGENSON - MAYOR � CITY OF FRIDLEY PLANNING CONII�f2SSION MEETING, OCTOBER 15, 1997 C'ALL TO ORDER : Chairperson Savage called the October 15, 1997 Planning Commission meeting to order at 7:30 p.m. ; • • _ �l# Members Present: Diane Savage, LeRoy Oquist, Larry Kuechle, Brad Sielaff, Connie Modig, Dave Kondrick Members Absent: Dean Saba Others Present: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant Todd Bachman, Bachman's Inc. Ellen Beecher, Semper Development Craig Christensen, Semper Development John Kohler, Semper Development Norma Swanson, Theisen B. Partnership Art Swanson, Theisen B. Partnership Bob Theisen, Theisen B. Partnership Roy & Mary Loberg, 860 Overton Drive N.E. Louise Bennethum, 368 66th Ave. N.E. Marion Larson, 359 66th Ave. N.E. Donna Gathald, 6429 Baker Avenue Hank Koester, 6141 5th Street N.E. Dean Olsen, 6730 4th Street N.E. LaVerne Olsen, 6730 4th Street N.E. Charlotte Happen, 6390 Monroe N.E. Connie Metcalf, 860 West Moore Lake Drive Joan Olson, 6320 Van Buren N.E. William Hogan, 365 Mississippi Street Jan Heblisen, 901 West Moore Lake Drive. Brian Cluts, Eden Prairie, COSA Gabriele & Margita Kirschner, 5851 - 6`h St. Jayne Kulus, 6730 Monroe Street N.E. Marcus Martin, 560 63rd Ave. N.E. David Berry, 6965 Hickory Circle N.E. 6.01 PLANNING CONII�IISSION MEETING OCTOBER 15 1997 PAGE 2 Donald Bennethum, 6111 Star Lane N.E. Anne Hagen, 551 Rice Creek Blvd. N.E. Patricia Andersen, 367 66th Ave. N.E. • �� 1 � � � :- - - • ! -� - ! _� 1� � _ s�J�: -.-i: �: �=u zi�� MOTION by Mr. Oquist, seconded by Mr. Kuechle, to approve the October 1, 1997, Planning Commission minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. � • � ; • � �� _- ' . • � � Chairwoman Savage stated the purpose of this meeting is to solicit your comments about the future of the City. The City is beginning a process to update its Comprehensive Plan. Tonight's meeting is one of six meetings which the Planning Commission will be conducting to receive your ideas and dreams about the future. It is not the purpose of this meeting to discuss individual problems or issues you may have with the City. Rather, the Planning Commission encourages you to provide comments about the City's future, and what goals you think the City should pursue. Personal attacks on any individual will not be tolerated. Please make your comments brief and to the point and come to a conclusion in five minutes. Mr. Hickok stated this is the fourth of a series of seven Comprehensive Plan meetings. The first meeting was held July 16th, the second meeting August 20th, the third on September 18th. Our purpose is to establish a view of the future and the Comprehensive Plan will serve as a guide to the dream. In 1976, the Minnesota Legislature passed the Metropolitan Land Planning Act. This Act was passed in response to the need for the adoption of coordinated plans, programs, and controls by all local governmental units and school districts. This type of planning effort was deemed necessary by the legislature to protect the health, safety and welfare of the residents of the Metropolitan Area and to ensure coordinated, orderly and economic development. The purpose of the Fridley Comprehensive Plan is to guide public and private land use decisions involving development, redevelopment and preservation. The plan provides a better understanding of the relationships between land resources and development. It also reveals existing conditions and forecasted trends in land use and public facilities. The Plan 6.�2 PLANNING CObIlKISSION MEETING. OCTOBER 15 1997 PAGE 3 also acts as a stimulus for active public interest in the physical, social and economic issues of the City. The data in this plan reflects 1979 figures except where updated information is identified. Ms. McPherson presented a summary of the survey results from Planning Area Meetings #1-4. Staff mailed 2191 surveys in September with 163 surveys returned as of October 9, 1997, resulting in a 7.4� return rate. Up to October 15th's mail, the total surveys received for Area #4 is 189 with 8.6%, the largest return rate to-date. Ms. McPherson displayed a chart with the breakdown of age groups, and length of residency. In Area 4, the majority of the respondents have been over 51 years of age. Area 2 respondents seem to be younger in age,-perhaps newer residents to Fridley. Area 2 also has more residents who have lived in the City for a shorter period of time. Area 4 residents have lived in the community for a longer time. Area 3 had residents living in the area an average of 20 years. Ms. McPherson stated the survey instrument was designed with four essay-type questions: "What do you like about Fridley?" "What do you dislike about Fridley?" "What do you like about your neighborhood?" "What do you dislike about your neighborhood?" The trend is to divide these issues into areas such as Parks, City Service, Safety and Crime, Neighbors, Land Uses and City Image and Schools. What people like most is their neighbors and a friendly feeling. In terms of what people like about Fridley is its location is convenient, to the freeways and downtown Minneapolis, to churches, etc. City Services and Parks showed a very favorable response. The Land Use category states people are dissatisfied with land uses in their neighborhood or City itself. Area 4 land use comments were regarding pawn shops and apartment buildings. People are also concerned of property upkeep and lack of enforcement of maintenance codes and housing codes. Specific area comments from Planning Area 4 are generated on the large maps in the lobby which include; the lack of maintenance and upkeep and general image of University Avenue and Highway 65. The fence issue received both negative and positive comments. There were a number of surveys requesting additional street lights in Area 4. Most comments were positive about their neighbors but there were also comments that they feel isolated from their neighbors. 6.03 PLANNING CO1�Il�IISSION MEETING OCTOBER 15 1997 PAGE 4 Chairperson Savage requested input from the audience about what they would like to see in the year 2010. Participants are encouraged to discuss their concerns about Fridley along with solutions. Two questions are to be addressed. "If Fridley were to be the ideal community in the year 2010 what characteristics or experiences would you expect it to offer?" "What is Fridley? What role or roles does Fridley play in the larger metropolitan area?" Ms. Dacy stated the next meeting is November 19th for Areas 5 and 6. All residents are invited to participate in any of these meetings. . - -.�- � �� . -. - ► Ms. Bennethum has lived here since 1958 and has seen 3 proposals come and go. Ms. Bennethum likes the Walgreen's proposal the best, stating she is 300% behind this proposal. The property owners have requested her input so she is here to share it. •.� • • . I -� Ms. Olson thanked the Commission for the opportunity to address the issues. Ms. Olson likes Fridley and her neighborhood. The Olson's have considered moving but have decided to stay in Fridley. The residents use of tax dollars for sod planted along the bikeway on University Avenue is a poor use of money. Why mandate plans and allow a development like Moore Lake Commons to shut the lights off at 7:15 p.m.? There are 2 bars in the area that don't close until 1 a.m. Ms. Olson would like to see the City staff get together to update building ordinances. We have a 50's mentality in the 90's, for example, cluster housing. Ms. Olson has hopes for the development at Lake Pointe, but is beginning to doubt it. The City blew their chance to address the image of the area by not lighting the causeway. Ms. Dacy stated that she spoke with Ms. Olson over the phone. Only one side of the lights at Moore Lake Commons were turned on for energy purposes and she will follow up and contact Ms. Olson with further information. Paul Monson. 369, 66th Avenue Mr. Monson spoke with John Kohler about the plan for Walgreens, and he thinks it is a good idea to have just one store. No pawn 6.04 PLANNING CONII�lISSION MEETING OCTOHER 15 1997 PAGE 5 shops can move in. The proposal has a lot of greenery. Mr. Kondrick asked, Why are you opposed to a strip mall? Mr. Monson stated the area is not big enough to have a strip mall. If you put in more than one store there, you would reduce the greenery area that will give our properties a buffer zone between the stores and residential area. Ann Hagan 551 Rice Creek Boulevard Ms. Hagan asked if the Commission will talk about the monopoles. Councilwoman Savage stated this will be discussed later in the agenda. Connie Metcalf 860 West Moore Lake Drive Ms. Metcalf stated in regards to the lights at Moore Lake, in terms of energy conservation, Ms. Metcalf appreciates the conservation effort. The weeds at Moore Lake are not as bad this year as in past. Hopefully by the year 2010 the City will consider cleaning up the weeds. Ms. Metcalf walks quite a bit on 61st Avenue, where the kids come from school is very littered. Perhaps a cooperative effort for the kids to clean up the area could be coordinated. Also the natural area that the high school faces is full of plastic and litter. Perhaps the City could take some initiative on cleaning up. Frequently in fall and spring the tennis court lights are on and could be managed with on/off switches to save energy. Ms. Metcalf thanked the Commission for the opportunity to have'this type of ineeting and getting people interested in their own city. .. - •� - �.. - _.,- �_ - Ms. Habliser asked, Why this meeting is required by state and is it part of a larger federal plan? Ms. Dacy stated the meeting is not required by state. The update of a comprehensive plan is required. Al1 land use issues must conform to policies of the Metropolitan Council. These series of ineetings were recommended by Council and the Planning Commission to obtain as much information as possible for citizen participation. By law we are required to have just one meeting. This effort is not a part of a federal plan. A long term plan is 6.05 PLANNING CONIIrlISSION M ETING OCTOBER 15 19 7 PAGF 6 , a typical approach to try to guide communities into the future. - _�•-. . - - .. - _�- � - Ms. Ingebrigtsen stated she misunderstood what the meeting was about. She thought she would answer, "What do I like about my community now or what don't I like?" For the year 2010, Ms. Ingebrigtsen would like to think of Fridley as an oasis from the big city and as a park area. She sees Moore Lake, the beach, Islands of Peace, Locke Park as priorities and would like to see Fridley though of in a community way, wanting everyone to wish they could live here, rather than big buildings like Sam's Club or other industry. Some suggestions include the guardrails on Highway 65 are tacky. The state should take care of it and it should be brought to their attention. The exit from 694 E is dangerous. The traffic noise from the freeway is too much. The traffic along her home from the school activities is excessive. Coming from Central Avenue, it is dangerous to walk, perhaps a silver marker should be installed on the white lines on the road. Neighbors have requested a street light and it appears there is a need for another. Marigold is also very dark at night. The fence around the Sand Dunes is often in dis-repair. The Sand Dunes are as important as the park. Ms. Ingebrigtsen spoke with a volunteer worker at the Sand Dunes who is trying to help maintain the sand dunes. There are 162 plants growing there that have been to identified. The high school puts their snow from the parking lot there, which kills the plants. Ms. Ingebrigtsen inquired, she noticed there are 3 flags flying outside City Hall, the United States, Fridley and she couldn't identify the other one. Ms. McPherson stated a POW MIA of Minnesota Flag is flying at City Hall. Ms. Ingebrightsen stated City Hall is not noticeable and is difficult to find. It is a beautiful drive. How do you identify this is the governing part of Fridley? Perhaps a sign is needed on University Avenue and Central Avenue announcing where the municipal center is located. Chairwoman Savage asked do you have something specific in mind on how you would like to see as Fridley? Ms. Ingebrightsen asked have you been to Columbia Heights and have you noticed the banners? Perhaps banners could be installed r . 1 . PLANNING CONIIKISSION ME�TING OCTOBER 15 1997 PAG� 7 at the crossroads of University and Mississippi and Central and Mississippi to identify where City Hall can be located. Ms. Modig stated yes has seen the banners. � _ •_�-e#��_• - _ • - � - Mr. Gilbert has lived in Fridley 41 years. People don't realize the downtown was very small and along came Holly Center which was an improvement as have many other improvements. Regarding the fence, if you remove the fence what is there to protect them? Others say the businesses can't flourish. Mr. Gilbert stated the PA system is lousy as he can't hear what any of the speakers have said. A new PA system would be a good improvement for the year 2000. . . • � -� - Originally Mr. Larson came to support the Walgreen's proposal. Mr. Larson has lived in the City for 3 years. He came to live here because he couldn't afford to buy a home anywhere else. The neighbors and programs like the home improvement plan, the parks and `49er Days make it a great place to live. From a development standpoint, what is being done to let people know about the great programs available? If we are looking to move into the future, we need to let people know that this is a good place to live. Mr. Larson wants to have the same opportunity as the rest of these people here who are older than he, to have people his own age to also have the opportunity to move to Fridley rather than Coon Rapids or some other suburb. � .� . . � -� - Mr. Martin would really like to see in the future the Sand Dunes maintained, clean up the garbage and put up the guard rails to prevent kids from riding their bikes there. The reason Mr. Martin likes Fridley is, compared to other suburbs with big houses and larger expanses of grass. Fridley has large trees and they serve as a windbreak as well. Regarding the fence issue, plant flowering bushes and trees to make a beautiful area and we would have a beautiful barrier, making it seem that Fridley is a nice place to drive through. Ms. Olson asked the Commission what are we missing that we aren't covering? What are you suggesting we should cover, population, s.o7 PLANNING CONIl�IISSION MEETING OCTOBER 15 1997 PAGE 8 housing, public works? Do we know what other cities have done. Chairwoman Savage stated that is up to the individual. You had some ni�e suggestions. If there are any more specifics, we are interested in hearing about it. Ms. Dacy stated other cities are also initiating their process as well. Each may have a different suggestion. Our next meeting is Novemberl9th. If you identify any additional or specific issues, please feel free to come back or contact us. One more meeting will be scheduled in December. Comments will be assimilated and come back to conduct the same type of ineetings again. This process will take 12 to 18 months. Z. PiLBLIC HEARING: CONSIDERATION OF A REZONING ZOA #97-07 BY SEMPER DEVELOPMENT LTD: To amend a previously-approved development plan in an S-2 Redevelopment District on Lots 9, 10, 11, and 12, Block 2, Rice Creek Terrace Plat 1 and Lots District on Lots 13, 14, 15, and 16, Block 3 Rice Creek Terrace Plat 2, generally located at 6525 University Avenue N.E. A 13,000 square foot Walgreen's is proposed. MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to waive the reading of the public hearing notice and to open the public hearing. UPON A VOIC� VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 8:15 P.M. Ms. Dacy stated Semper Development Ltd., on behalf of Walgreen's is requesting that the City approve a new redevelopment plan for the northeast corner of University Avenue and Mississippi Street in the Center City redevelopment area. The S-2, Redevelopment District requires plan approval for any project within an S-2 area. In 1991, the City approved a plan which contained a multi-tenant retail building consisting of 27,745 sq. ft. The proposal before us is a 13,905 sq. ft. Walgreen's with prescription pick-up window. The project area is 2.88 acres. The single family site not included in the plan is located at the northeast of the existing building on 66th Avenue. Ms. Dacy stated the site plan meets the typical requirements of a commercial use; however, staff is concerned that the proposal . 1 : � �' •�1! _ �� '�. _ _ , • _•:-� -- � under-utilizes the area of the site, and is not maximizing the full potential for redevelopment at this location. The basis for review is S-2 District intent is to allow for mixed use development, maximum flexibility and to determine an acceptable plan which is in the best interest of the City. For example, a speaker stated he would not like to see a pawn shop in the area. The City could prohibit�a pawn shop. Permitted uses of area is based on project review by the Housing and Redevelopment Authority, the Planning Commission and City Council. The existing building was built in 1965. The site was rezoned to S-2 in 1990 based on a plan which proposed a 28,230 sq. ft multi- tenant retail center. In 1991 an amendment to the plan was approved to permit a drive-through window at the west end of the site to permit a 27,745 sq. ft building. Ms. Dacy stated the Developer has met with abutting homeowners requesting their input. Homeowner comments requested pine trees, use of a wood privacy fence, removing some parking areas and putting a fence on south side of the pond. Ms. Dacy stated the City has received a letter from Scott and Annette Barrett in support of the development. Ms. Dacy stated the site is located in Center City TIF District ##1 and staff concern is the area is under utilized. The large parking area and prescription pick-up window dictates the buildings location, therefore not leaving the best efficiency of the site to increase the building for a partner retail use. The possibility of partnering a coffee shop or book store was discussed, but Walgreen's response is the prescription window is important to the success of the building and therefore, are reluctant to share the site. This is a smaller project than originally approved. The application by Walgreen's is prompting us to review the vision of the site. The petitioners are frustrated by this. Market issues are changing and given the recent construction at Christensen Crossing, there may be other opportunities available to the City to develop a mixed use development at the property. The HRA recommended approval on a 3-0 vote with 2 people absent. HRA saw no reason to prohibit the development. The Planning Commission will address the issue this evening and the City Council on October 27. The 60 day deadline is November 11, 1997. Staff Recommends that the Planning Commission recommend denial of the proposed plan revision to the City Council. However, should the Planning Commission recommend approval of the plan revision, 6.09 PLANNING CONIlKISSION MEETING OCTOBER 15 1997 PAGE 10 the following stipulations are suggested. Compliance with the comments of the Engineering Department as stated in the September 23, 1997 memo from Jon Haukaas. The petitioner shall execute a storm water pond maintenance agreement to maintain the detention pond at the north side of the site. A final landscaping and irrigation plan shall be submitted and approved by City staff prior to issuance of a building permit. The westerly right-in right-out driveway shall be removed from the site plan and shall not be constructed. A permit for the easterly driveway must be obtained from Anoka County. The property owner shall agree to execute an easement to use parking spaces on the site for a park- and-ride site. Chairwoman Savage clarified the original project. It was a Walgreen's, Burger King and how many other businesses? Ms. Dacy stated yes, along with a video store and depended on the types of businesses that would be attracted, probably 4-6 other businesses. Chairwoman Savage asked if the City had done anything to encourage the development of this site? Ms. Dacy stated this proposal has been the first interest since the last plan in 1991. The City worked as best it could to implement that project and a development agreement was proposed and drafted. Modig clarified, staff wants to reevaluate the site? Are you saying you aren't ready for the proposal? Ms. Dacy stated Walgreen's has filed an application and the City is required to react to that application. We are in the position of reacting rather than pro-acting. If you feel this use is not appropriate, then your action is to recommend denial. It is up to staff to present all the options. We question if there has been a legitimate analysis done by the Commission and Council. Is this consistent with what you want to see for the area? We are in a reactionary approach. Is this what the community wants? Councilwoman Savage stated the surveys reflect the people want amenities such as coffee shops and restaurants. How do we accomplish that? Ms. Dacy stated you are in the position of having to react to a s. �� PLANNING CO1�Il�IISSION MEETING, OCTOBER 15, 1997 PAG� 11 proposal. The typical approach is the HRA and Council reach a joint agreement to redevelop the site, initiate acquisition and take ownership of the land. We identify the vision and conduct a request for a proposal and a developer steps up to take site control to accomplish the vision. Chairwoman Savage stated the concern not yet stated by the audience is nothing has happened since 1991. What we have is not what we want. But we want to see something nice going in there. Mr. Oquist asked is there enough parking spots to accommodate more than Walgreen's parking requirement? If we knew that we wanted to take control of this area, why haven't we been doing that until now, when someone comes along with a nice plan? Ms. Dacy stated, yes there�is sufficient parking. The City has been working proactively on the Southwest Quadrant which took a long time to get through. The acquisition and Mississippi Street issues took over 2 years. Secondly, the last 4-5 years has been to initiate a changeover on the Lake Pointe Site. The City took ownership back from the developer. We have been marketing that site in the early 90's and have been working with MEPC for the last 18 months. We are seeing some success. These two sites were directed to us by Council as priority. I think you will see an initiation for the construction of this site and address the issues. At this point it is time to take a serious look at this 4th corner of this intersection to complete the puzzle. If you feel it is appropriate you approve, if not, you deny. Mr. Sielaff asked about the park-and-ride, are you taking space , out of the landscaped areas or share Walgreen's parking spaces. Ms. Dacy stated approximately 10 to 15 spaces can be shared, depending on the timing of Walgreen's peak hours. This plan does not specifically identify those spaces on the plan. We would work with the owner to preserve the shared parking spaces. Ms. Dacy cannot recommend an exact number of spaces needed for the future. Mr. Sielaff asked if the S-2 use intended to be flexible for types of development. Ms. Dacy stated, that is correct. Ms. Modig asked about the park-and-ride, does the homeowner lot 6.11 �LANNING CO1�tISSION MEETING, OCTOBER 15, 1997 PAGE 12 that is not included in this plan still not a part of the package or will it be needed to accommodate the park-and-ride spaces? Ms. Dacy stated, yes. If this plan is approved, that lot will continue as a residential use. Another option is the City or owner can petition a rezoning back to R-1. The petitioner, John Koehler, Architect for the Semper Development stated a 13,905 sq. ft Walgreen's is proposed. This is slightly smaller than the existing building. The business will serve a 1.5 mile surrounding area as a neighborhood store. The project does have a drive-thru pick-up window to pick up a prescription previously called in. This is utilized by elderly and handicapped or parents with sick kids. Typically traffic for a drug store is a slow trickle all day. There is not a high peak time. The access proposed is will be signed as no southbound access to University here. As the developer, we have talked a lot with the neighborhood. They want a strong buffer between residential and the businesses. The buffer zone will be larger than the front yards that homes in the area have now. The original plan proposed a fence separating residential from commercial. A 7 ft high cedar fence to follow the parking area and have the green area on their side of the fence was requested. Parking needs for a typical Walgreen's is 70 - 75 spaces. If we eliminate a row of parking on each side we can increase the green area and an additional row of pine trees. The neighborhood requested a different type of tree than the Willow proposed and the developer is willing to address the request. The lighting was also a concern. All lighting will be shielded away from the buildings. The building will be face brick on all 4 sides. There is no loading dock, a small overhead door and service door. A truck will come three hours once a week. The only areas of stucco are the overhangs and a large glass front. The construction costs on this building are $72 sq. ft versus a typical $50 sq. ft. Walgreen's is making a long term commitment to the site. Part of the reason they would like to be the only tenant is the maintenance. They want to be a good neighbor to their customers who are their neighbors. Mr. Kohler requested a show of support by raising their hands from the audience. Chairwoman Savage asked if this project is similar to the store in Anoka. Mr. Kohler stated the business is similar in size, but this is a building upgrade. 6.12 pLANNING COMMISSION MEETING OCTOBER 15 1997 PAG$ 13 Ms. Modig asked about the store hours of operation. Mr. Kohler stated typical business hours are 7 a.m. to 10 p.m. There are a few that are open 24 hours but he is not sure this location will be open 24 hours. Craig Christensen of Semper Development stated the park-and-ride is a new request since being approved by the HRA. Mr. Christensen isn't sure what the park-and-ride agreement was with the first development. Semper Development is opposed to the park-and-ride stipulation. If we work with the proposed plan, we have 72 spaces and there is no extra parking for a park-and-ride which would create an operational nightmare creating maintenance and liability problems. It creates morning and evening traffic in the neighborhood. It imposes a public use on a private property. A bigger parking area would be needed for a park-and- ride. If the parking spots were signed in some way, obviously people will park in other areas of the lot. Chairwoman Savage stated you realize that could be a stipulation if we approve this request. The City is not looking at a strip mall but perhaps adding a tasteful amenity such as a coffee shop or an upgraded bookstore. Apparently Walgreen's is opposed? Mr. Christensen stated it is not feasible as this plan is driven by what Walgreen's requires. Mr. Kohler stated the way the site plan works, it is a good concept. If you knew that a coffee shop or bookstore will be there for 20 years great. The history demonstrates that those businesses come and go every 7 years. Mr. Christensen finds it ironic the City wants a bigger project but would propose the burden of the park-and-ride and then Walgreen wouldn't have the option to expand their building. Ms. Dacy stated both agencies have a different mission. The park-and-ride issue was not appropriate to discuss at the HRA meeting and Ms. Dacy had spoken with Mr. Kohler on that stipulation. The park-and-ride was a part of the 1990 plan, also referred to as a kiss-and-ride. Ms. Dacy stated the City wants to meet the demand for the future. Mr. Oquist asked has the City considered using the Holly Center 6.13 PLANNING CObIlKISSION MEETING OCTOBER 15 1997 PAGE 14 lot for park-and-ride. Mr. Oquist would be opposed to a park- and-ride. Ms. Dacy is not suggesting this development be penalized with a park-and-ride. This was a stipulation in the 1990 plan. The same stipulation would be requested for any plan. We are not singling this property owner out. This issue is similar to the southwest corner where we have an easement for an over pass or an under pass. Mr. Oquist disagreed. It appears we will jeopardize the green area for the park-and-ride. Ms. Dacy stated there is still an additional lot in the S-2 district. The traffic pattern they have is not peak so it is a good share situation. Ms. Modig asked, If we approve this plan, we eliminate that lot not utilized in this plan. In order to do that and accommodate a park-and-ride, we would have to acquire the property that we may designate as R-1? Ms. Dacy stated there are two options. The City has the ability to acquire or rezone the property as R-l. The petitioners traffic pattern creates the ability to share. The way the stipulation is worded provides enough flexibility for both to work out an agreement Mr. Sielaff asked about the existing driveway, staff recommends taking it out. Why do you need it? � Mr. Kohler stated traffic will be able to make a left turn at this area. This allows for easier movement of traffic around the site. We plan to sign that you may not cross to south University Avenue. We have heard from neighbors that at peak traffic times this does back up making this the access point of choice. Mr. Sielaff asked is there data available on the traffic accidents. Ms. Dacy stated additional research is required. Ms. Modig asked, Why are you objecting to it if it is already there? 6.14 . . _ . .. .. � � � -��zr_�---� ��u . � . � • , • • - Ms. Dacy stated there is more background traffic on Mississippi compared to 10 years ago. When new developments are addressed, we try to address problems. Mississippi carries a tremendous amount of traffic. The City must decide we have a safety issue and volume of traffic to address. I don't think it makes good sense to continue its existence. Traffic will back up on site, but that is the way it should be. Mr. Sielaff asked about the additional S-2 lot, is it vacant? Ms. Dacy stated, no. Mr. Kohler stated the property owner has significantly improved her home and has no intention of selling. Mr. Sielaff asked, Can something else happen on that lot if it is zoned as S-2? Ms. Dacy stated, not without the approval of the City. Mr. Sielaff asked is the product mix of this store typical of Walgreen's or will you do something different here? Mr. Kohler stated it is your typical Walgreen's, it is not a super store, a neighborhood store. Norma Swanson, the property owner, resides at 361 Rice Creek Terrace. Ms. Swanson has been a resident of Fridley for 38 years. Ms. Swanson's father, Mr. Theisen was invited to open a supermarket here in Fridley. The Council turned down his requests to build which resulted in the Red Owl. Mr. Theisen felt that if you have a business in the community, you should live in the community. Ms. Swanson has proposed numerous developments that have not been passed. Each proposal costs numerous dollars and it ties it up the property so we can't rent it. A park-and-ride was proposed and the people do not want a park-and-ride. Ms. Swanson stated, "I don't understand how you can continue to put restrictions on this property. At the HR.A the City stated this is not our #1 priority, we are working on other things. Now we should look at it from a proactive rather than reactively. This makes me very angry and the City has suffered because of the tax increment they miss. The green area is beautiful. There is plenty of park-and-ride area across the street. You can count on this nice, clean, reputable tenant. Upkeep of this property will be taken care of. It is time to 6.15 PLANNING CO1�iISSION MEETING OCTOBER 15 1997 PAGE 16 move ahead as I am under court order due to a death of a brother to sell this property. The park-and-ride is just another hook by the City. The County has continued to nibble away at the property. They are happy with the 2 pieces they have taken. It is time to develop." Mr. Sielaff asked does the bike path pass through this property? Mr. Kohler stated yes, and it will stay in the same location. Don Bennethum a resident of 6111 Star Lane represented Louise Bennethum. Mr. Bennethum stated it is ridiculous to believe there will be just one truck delivering to this location. There will be beer, pop, and additional truck traffic other than described. A house will be removed, one that was recently purchased by Mrs. Swanson's son. There are 4, 75 ft. lots by 150 ft. deep. We are going to add 65,000 sq. ft. to this area, and build a store that is slightly smaller than the current building. Is that under utilization? As a resident of Fridley I am opposed. Jean Ingebrigtsen, of 5811 West Moore Lake Drive stated she shopped at the Theisen family store. Ms. Ingebrigtsen recommended the prescription pick-up should be located at the side of the building instead of driving around the building. What is your responsibility to Holly Center to Snyder Drug? Competition is said to be good. I hope we take into consideration that these two businesses will be located just across the street from each other. It hasn't been your concern that Snyder's will succeed. If they don't succeed, who will be there? Duane Hanson, a resident of 365 66th Avenue NE stated, of all the options presented and turned down Walgreen's is the best we have seen. Fast food, pawn shops don't look good. Our best option is Walgreen's. Who wants to look out their window and look at the back of Burger King. We have seen other Walgreen's well kept. Let's have a development that will look good. Patricia Anderson, a resident of 367 66th Avenue agrees with Duane. The Anderson's have lived in Fridley for 11 years and love it because it feels like a community. The point is the proposal dresses up the corner and alleviates concerns of the people while addressing the concerns of the neighborhood. People don't always look at just bricks and mortar but a business that " s.1s PLANNING CONIIKISSION MEETING OCTOBER 15 1997 PAGE 17 wants to contribute to the integrity of the community. Paul Monson, 369 66th Avenue explained the current tenant has peak traffic right after work, when people work out. Many people are coming and going and there doesn't seem to be a problem. The Walgreen's will have less traffic than that. Tom is in a food industry, Walgreen is very competitive and he has no doubt that Walgreen's will be stable in the community. Snyder's will have to be competitive. Louise Bennethum, 368 66th Avenue has lived next to this property since 1958. There is a coffee shop right now and we clean up the mess. Ms. Bennethu would like to see this plan go through. This is a golden opportunity to give Fridley a good up front view for traffic passing on University. Make your decision now. Ms. Bennethum just put $60,000 into her home and would like to see that green area to enhance the area for when she sells. Bill Hogan, 365 Mississippi Street lives next door to project. This developer has worked with us to make the project more comfortable for my home. If you design the exit further west, that will bring additional traffic near the Hogan's home. When people make a U-turn to get into the existing development, they turn around in front of the Hogan home, flashing light into the living room. If people are worried about the traffic back up, then you won't approve a development at all. Right now people illegally drive left to get out, or do a U-turn to get into the drive right now. Because of the way it is designed, people drive in the wrong direction on Mississippi to go east. If you have just one exit you double the traffic coming by my home. MOTION by Mr. Kuechle, seconded by Mr. Kondrick, to close the public hearing. UPON A VOICE VOTE,�ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 9:55 P.M. Mr. Oquist stated he supports the project. If they accomplish the landscape plan it will be an attractive corner. - Mr. Kuechle concurs with Mr. Oguist and sympathizes with the City for having lost control. Mr. Kuechle recommends deleting the #5 park-and-ride stipulation and understands there is a need to address the driveway as recommended by the resident. 6.17 E�ifc`��fif�[tlK��:��X��L��iti� � • • : - �.�� Ms. Dacy stated there was discussion of making a smaller median and making a larger driveway. Chairwoman Savage agrees with Mr. Kuechle. The problem is what we have in the corner is an eyesore. We want to see something and the frustration is that nothing has worked out in the past years. We do have a project that looks good and would be in favor of it. However, Chairwoman Savage agrees with staff, there is room for negotiation with stipulation #5 . We should look to the future as we may have mass transit and need to plan for it. If we eliminate #5 does that leave us with Holly Center parking as an option? Ms. Dacy stated it is hard to predict what the implementing agency will require. Similar to utility easement, we are requiring designation for a use. The intent is to preserve the City's options. Mr. Oquist stated he is concerned about the park-and-ride liability. Who is liable for accidents and vandalism? If the City wants park-and-ride, then the City should be liable. Ms. Dacy stated at this time mass transit is their responsibility of Anoka County. Right now there is no liability issue and does not anticipate the City going into the transit business or operating a park-and-ride. However, it is appropriate ta address that issue and its impact. Ms. Modig stated if we don't include stipulation #5 then it will be considered at the time that we get mass transit. If there is no easement in that area, then they wouldn't consider that area anyway? . Ms. Dacy stated the two options available are the City would go to the property owner to negotiate or try to identify another site. Ms. Modig stated there were other sites identified when we did that plan many years ago. Ms. Modig understands the difficulty for the City to react to a plan due to time commitments. When we went through the plan in 1991 with the other businesses there were concerns with the amount of traffic going in and out, safety and lighting. Ms. Modig would like to see this happen due to the support of the s.1s PLANNING COI�IISSION MEETING OCTOBER 15 1997 PAGE 19 neighborhood. The petitioner seems to be willing to work with the City and neighborhood and compliments the new neighborhood across the street. Ms. Modig recommends also to eliminate stipulation #5 and the easements will have to be negotiated in the future. If we eliminate the west driveway then all the traffic will be near the residents home. Therefore Ms. Modig recommends staff and the petitioner work to move the driveway further to accommodate the right out. Mr. Kondrick stated he is not crazy about a drug store at the primary intersection of the community. The advantage of this plan is the nice buffer between the business and neighborhood. The plan is before us. The park-and-ride will happen in the future and Mississippi Street will be the spot for it but we need a major hit for it. Transit is supposed to be on the east side of the street. Mr. Kondrick concurs with eliminating stipulation #5. Although he sees staffs intent. As far as the driveway, I recommend eliminating the westerly driveway. The traffic can stack inside the lot. Traffic can go south or north if they want to. Mr. Kondrick will vote for the project with stipulation #5 eliminated and only the easterly driveway permitted. Mr. Sielaff stated it is time to develop this land and sees no compelling reason to have a park-and-ride as an issue. Mr. Oquist asked Mr. Kohler if they would consider making the easterly driveway a 3 lane drive. Mr. Kuechle recommended removing stipulation #4 and suggest staff and the developer go back and change the driveway. Ms. Modig concurred, we need to address the wording of stipulation #4 so staff and the petitioner come to an agreement on the driveway. Chairwoman Savage stated let the record indicate that Ms. Modig is opposed to eliminating stipulation #4 and that Chairwoman Savage is in favor of keeping stipulation #5 as the City should have that option. MOTION by Mr. Sielaff to recommend approval of this request, ZOA #97-07, to amend the project plan for this redevelopment and remove stipulation #5 from staff recommendations and stipulation #4 be reworded so that staff and the petitioner come to an agreement on the driveway, as follows: 6.19 PLANNING COMMISSION MEETING, OCTOBER 15, 1997 PAGE 20 1. Compliance with the comments of the Engineering Department as stated in the September 23, 1997 memo from Jon Haukaas. 2. The petitioner shall execute a stormwater pond maintenance agreement to maintain the detention pond at the north side of the site. 3. A final landscaping and irrigation plan shall be submitted and approved by City staff prior to issuance of a building permit. 4. Staff and the petitioner shall come to an agreement on the driveway. Seconded by Mr. Kondrick. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED. Ms. Dacy stated, this request will go to the City Council on October 27th. . �. �_.. � � .. � � . .. u .. . . . • � •�� -� :►�� • :. . To replat Lot 2, Block 1, Walton Addition, generally located at 8200 University Avenue N.E. (north of Sam's Club). Councilwoman Savage stated the Commission will take the three Bachman items for consideration together. Staff will present all three items and discussion will follow. MOTION by Mr. Kondrick, seconded by Mr. Oquist, 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 10:10 P.M. Ms McPherson stated Todd Bachman requests that the City approve a preliminary plat entitled "Walton 2nd Addition". The proposed plat is for property generally located at the intersection of 81st Avenue and University Avenue. The proposed plat will create three lots; one containing Sam's Club, a development parcel for Bachman's, and a third lot which will be vacant and may be sold 6.20 PLANNING CO1�Il�IISSION MEETING OCTOBER 15 1997 PAGE 21 for a future use or by Bachman's. A 25,000 sq. ft Bachman's facility is proposed. The petitioner is also processing a rezoning request and special use permit for garden sales. This request is a replat of Lots 1 and 2, Block 1 of the recently- approved Walton Addition. The purpose of the replat is to "swap" areas to create a better development site for Bachman's. The proposed lots meet the minimum lot area requirement for the C-3, General Shopping Center District. The proposed vacant lot will contain a future use to be determined. The petitioner has agreed that the use on the vacant lot will not be automotive-related. A common storm water pond use and maintenance agreement will need to be recorded against the plat for the detention facility located on Outlot A, Walton Addition. Park dedication fees will also be required. Ms. McPherson stated staff-recommends approval of the request to the City Council with the following stipulations: 1. Execute and record common storm water use and maintenance agreement for Outlot A, Walton Addition against the plat. 2. Park dedication fees shall be paid at the following rates: Lot 2 (Bachman's) - $5,657.42 Lot 3 (Vacant) - $1,217.07. 3. Rezoning request ZOA #97-08, shall be approved. • - :.; •� � .;� • • � • _ ' ��- ' �. •�� • -. � . Ms. McPherson presented the second request by Todd Bachman, to allow a garden center or nursery requiring outdoor sales on Lot 2, Block 1, Walton Addition, generally located at 8200 University Avenue N.E. The request is for a proposed 25,000 sq. ft. retail facility with a 7,000 sq. ft. green house and 66,000 sq. ft. outdoor sales area located at 8200 University Avenue N.E. Ms. McPherson stated previous requests for special use permits for garden centers or nurseries have required the integration of these facilities into the main building. The proposed sales and storage area in this request will be located west of and to the rear of the main structure. It will be surrounded on three sides by a fence. There will be gates for fire and emergency access only. Customer vehicles will not have access to the storage area 6.21 PLANNING COMMISSION MEETING OCTOBER 15 1997 PAGE 22 and customers will use shopping carts to remove materials. A cedar arbor will be constructed to provide shade to some of the materials. Typical stipulations related to these particular requests include no sales or storage in front of the building and no outdoor storage of chemicals. The petitioner has agreed to these particular stipulations. Ms. McPherson stated staff recommends that the Planning Commission recommend approval of the request to the City Council with the following stipulations: 1. There shall be no sales or display of inerchandise in front of the building. 2. There shall be no outside storage of chemical fertilizers, pesticides or herbicides. 3. The plat request and rezoning requests shall also be approved. 4. There shall be no off-season storage of bulk inventory in outdoor sales areas. 5. The fence enclosure and pergola for outdoor sales area shall be built as designed to be architecturally compatible with the building and building elevation plan dated October 8, 1997. 6. Building elevations shall be built as proposed on the plan dated October 8, 1997. ' •' � � -• • • • •• �: •�� -� � � • :• � � Ms. McPherson presented the third request by Todd Bachman to rezone property from C-2, General Business to C-3, General Shopping Center, on Lot 2, Block l, Walton Addition, generally located at 8200 University Avenue N.E. (north of Sam's Club) Ms. McPherson stated this request, if approved, will comply with the stipulation on plat approval, P.S. #97-02, Walton Addition, which was recently approved by the City Council and completed by McCombs, Frank, Roos on behalf of Wal-Mart. The rezoning is in conjunction with a plat and special use permit request for a 25,000 sq. ft. retail facility. The rezoning request meets the three evaluation criteria used to evaluate rezoning requests. Compatibility of the proposed use with the proposed district. 6.22 PLANNING COI�IlKISSION MEETING OCTOBER 15 1997 PAGE 23 Compatibility of the proposed district with adjacent uses and zoning; and compliance of the proposed use with the proposed district requirements. Staff recommends that the Planning Commission recommend approval of the rezoning request to the City Council. Ms. McPherson presented a video of the Bachman's facility located at Lyndale Avenue and 66th Street in South Minneapolis. The video showed landscaping of the parking area. Landscape and design treatments proposed for the Fridley site are similar to the Lyndale store. Ms. McPherson noted that the decorative lights have the shepherd hook, and the rock face block at the front of the building as well as metal flashing; green tinted glass on the front and clear glass on the rest. The decorative lights and banners are also utilized. Bachman's is proposing extensive landscaping in the parking lot island at the Fridley location. Green accent colors are utilized in the facility as will be utilized in Fridley. Todd Bachman and Brian Cluts addressed the Commission concerning the project. Mr. Bachman stated the video did not emphasize the detail and colors of the project. The store has a 25,000 sq. ft. of retail, floral and gift area and a 7,000 sq. ft. greenhouse area. The large atrium area is the main entrance to the store. The smaller entrance is to the green house. The color scheme is similar to the Lyndale store and has been met with great acceptance. Bachman's business is one of enhancing the environment and they carry that out throughout the facility. Samples of construction materials were displayed. This store is similar to the other 4 stores Bachman's has built over the last 7 years. Mr. Cluts displayed the materials to be used on the building. The base of the building is a Terra cota block and the green metal accents is quite striking. The light poles and flashing details are also made of the same green metal accents. Mr. Sielaff asked about the parking lot, will it be similar to the 66th and Lyndale facility? The only concern Mr. Sielaff had was the expansive parking at Sam's Club and then another one located next to it. Mr. Bachman stated the proposed plan for parking is for islands with plantings but not plantings between the cars. There will be a total green facade with a well planted entry way with large 6.23 PLANNING COI�lISSION MEETING OCTOBER 15 1997 PAGE 24 trees, flowering crabs and Hackberry, a very finished look the day it opens. Extensive landscaping in front of the building is also planned. Ms. Modig asked if Bachman's have any problems with the stipulations. Mr. Bachman stated, no. Mr. Kuechle asked are we giving them anything that we haven't given anyone else? Ms. Dacy stated, no. Mr. Hickok stated the integration in the design is the key. As opposed to the other requests for nursery or garden center with outdoor sales in the parking lot. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 10:40 P.M. M TI N by Mr. Sielaff to approve plat, P.S. #97-05, with the following stipulations: 1. Execute and record common stormwater use and maintenance agreement for Outlot A, Walton Addition against the plat. 2. Park dedication fee shall be paid at the following rates: Lot 2 (Bachman's) - $5,657.24 Lot 3 (Vacant) - $1,217.07 3. Rezoning request, ZOA #97-08, shall be approved. MOTION by Mr. Sielaff to approve special use permit, SP #97-08, with the following stipulations: 1. There shall be no sales or display of inerchandise in front of the building. 2. There shall be no outside storage of chemical fertilizers, pesticides, or herbicides. 3. The plat request and rezoning requests shall also be approved. 6.24 PLANNING COMMISSION MEETING OCTOBER 15 1997 PAG� 25 4. There shall be no off-season storage of bulk inventory in outdoor sales areas. 5. The fence enclosure and pergola for outdoor sales area shall be built as designed to be architecturally compatible with the building and building elevation plan dated October 8, 1997. 6. Building elevations shall be built as proposed on the plan dated October 8, 1997. MOTION by Mr. Sielaff to approve rezoning, ZOA #97-08. Seconded by Mr. Kondrick. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE D$CLAR$D THE ABOVE MOTIONS CARRIED UNANIMOUSLY. Ms. McPherson stated these 3 items will also go to the City Council on October 27, 1997. • ' �: � _ ' ' • � -_� � • • • � _ • _� ►�l� u � • • � • � To amend the Zoning Ordinance to allow wireless communication facilities (monopole towers) in P, Public Facilities zoning districts. The following properties are currently being considered for wireless communication facilities: Recycling Center site, Community Park, Edgewater Park, Commons Park, the water tower located at 53rd and Matterhorn Drive, the water tower in Locke Park, and the Wellhouse #13 site at 51st Avenue and East River Road. M TI N by Mr. Oquist, seconded by Mr. Kondrick, 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 10:50 P.M. Mr. Hickok stated in February 1996, the federal government concurred on the passage of the Telecommunications Act. This Act impacts wired and wireless operators of telecommunication services and responds to the impact of the increased competition in the market. The Telecommunications Act of 1996 preserves the 6.25 P_LANNING CO1�Il�IISSION MEETING, OCTOBER 15, 1997 PAGE 26 authority of the City to regulate the placement of facilities for telecommunication services but ensures we do not unreasonably interfere with the industry. In early 1997, the City Council placed a moratorium prohibiting the construction of new communication and antennae array. The moratorium established allowed the City to take a comprehensive look at the impacts of the 1996 Telecommunications Act and establish acceptable antennae locations. Since the moratorium was established, staff has worked with a PCS consultant to get a clear understanding of the technology, the issues, and to determine how many antennae locations would be required to serve the community. Mr. Hickok stated, after significant review by the advisory commissions, the City Council directed staff to prepare an ordinance regulating wireless communication facilities based on a site-specific approach. The City council also retained a law firm specializing in telecommunications to review the ordinance and to assist the City in its preparation. Tony Mendoza from Fredrikson & Byron will also address the Planning Commission concerning legal issues. David Dolter will assist in answering technical questions regarding the industry on behalf of the City. Mr. Dolter is a sub-contractor who has served in the deployment of over 250 sites and has also served as a city manager. Mr. Weaver was also hired to meet with industry representatives in an effort to understand their needs. Since preparation of the original draft of the ordinance, Mr. Mendoza and Mr. Adrian Herbst from Fredrikson & Byron have reviewed the ordinance and have made significant improvements to the ordinance. They suggest the City to create an overlay zone (similar to the overlay zones for flood plain and shoreland regulations) for telecommunication sites. Ms. Dacy stated the ordinance proposes 14 sites as permitted uses. The City-owned sites are the three water tower sites, the Recycling Center site, Community Park, Edgewater park, Commons Park, and Wellhouse No. 13 at 51st Avenue and East River Road. The second area of sites is located in the vicinity of Onan Corporation, Totino Grace High School, All Temp Storage on the west side of Main Street south of I-694, the water tower facilit.y at United Defense, and the site at 81st Avenue and Main Street. The privately-owned sites have been selected based on the criteria discussed earlier, but they were not part of the previous information process. s.2s PLANNING CONIIKISSION M�ETING OCTOBER 15 1997 PAGE 27 Mr. Sielaff asked does the City have the ability to limit the number of towers according to federal law? The only thing that limits this industry is public demand? How many towers are we talking about? Mr. Hickok stated the City does not have the ability to limit the industry needs. We have developed a plan based on the industry, co-locations in an effort to provide for, and not limit. The tower locations we have selected may all be utilized for co- location opportunities. There are not 14 sites, but 2- 3 vendors per site. Ms. Modig asked, how tall are the towers going to be? Mr. Hickok stated it depends on the elevation of the site. A monopole is 125 feet maximum. We do have some equipment already in the community. The surge tower off Alden Way and the McGlynn's building and the Highway 65 water tower all house equipment. Chairwoman Savage requested clarification. Is the faxed ordinance is the one we need to review this evening? Ms. Dacy stated yes. She presented the changes which include a clarification of what would be permitted as nonconforming site. The proposed ordinance is set up as an overlay ordinance. There is a list of sites as "approved sites", rezoning them as eligible for a wireless telecommunication. The third change is the height restriction. The maximum height for a monopole is 125 feet. The fourth change is on page 8 requiring an analysis to address interference with public safety equipment. The fifth change states a monopole should be designed so that it supports 2 arrays. There are other miscellaneous issues that were addressed but to be brief, I have highlighted these. Ms. Dacy stated the privately-owned sites were not originally included in the original review process. The City will initiate notification to the property owners, a due process issue does need to be taken care of. Mr. Kondrick asked if the people who place their equipment on these sites feel 14 sites are enough coverage in the City of Fridley? Ms. Dacy stated staff's research indicates that these sites are 6.27 PLANNING COMMISSION MEETING. OCTOBER 15, 1997 PAGE 28 adequate. Ms. Modig requested clarification on privately-owned sites, do �ou need permission or do you just do it? Ms. Dacy stated this is a rezoning situation. We would notify the owner the site is being evaluated and they are welcome to come to the Council and object. Mr. Oquist asked, What about private properties and lease agreement? Ms. Dacy stated a lease agreement with private owner would have to be initiated. The lease agreement is between the private owner and the provider. Mr. Sielaff asked what recourse does the private property owner have? Ms. Dacy stated they have the right to object, this is a zoning issue. It is possible to approve a zoning over the objection of the owner. Mr. Kuechle stated the property still has the right to say no to the tower. Mr. Kondrick stated if someone tells us to "go fish", then we have to go somewhere else. Ms. Dacy stated, correct. Ms. Modig asked how many are located in public domain and why did we go to the private sector? Ms. Dacy stated the first seven are in public domain and the remaining are in the private sector. Mr. Mendoza stated the first issue to address was making City- owned sites exclusive as they came into play under the Telecommunications Act. If the City legislates, at some point you may run out of City-owned property. We cannot prohibit any deployment of wireless telecommunication issues. The City would be discriminating ir� favor of itself for others to get a shot at this revenue. We advised staff against making their sites exclusive. There is also coverage issues which would bring s.2s � _ .i_ .. _�. . � 1l�4 � � • • � ' . . . . •. • ..- - - -- -.- � _ . �. � _. in problems relative to section 704 of the Telecommunications Act. The cities action could be interpreted as to prohibit the ability to provide service. Chairwoman Savage asked are you aware of other cities dealing with this issue? Mr. Mendoza stated, yes my firm has handled many other cases. This is somewhat of a novel concept that Fridley has taken. It is a good concept, to select and pre-approve sites to support wireless facilities and present it to the industry is not something we have worked with in any other area in the country. Mr. Sielaff stated, "I don't understand how this addresses the interested parties that want to have a tower can get one. Why put any private property owners on the list right now. Why not find out if there is anyone interested who wants a tower?" Mr. Mendoza stated that would be done through rezoning if their property is not included on this list. One of the changes made to the first draft is on page 4 allowing a conditional use provision that if approved sites were exhausted. The list of property owners goes to the issue of coverage. The map illustrates the evenly distributed areas. Ms. Modig asked, "Did these property owners say they want a tower. If Grace doesn't want one, and I do. I need to apply for rezoning, and if I get one, they don't have to have one?" Ms. Dacy stated when starting out, the providers will tell you it isn't governments role to determine coverage. The Commissions role is to address land use. All the questions you are asking such as what about the other sites. As best we know it, we need to provide a good size number of sites. You are on the right track. Council has to evaluate each application. Council may disagree with some of these sites and we would have to designate others. Mr. Oquist asked, "Have the private sites been notified that they are on this list?" Ms. Dacy stated no, we need to notify them prior to the public hearing. Councilwoman Savage requested direction from staff for tonight's 6.29 PLANNING COI�IlKISSION MEETING OCTOBER 15 1997 PAGE 30 action. Ms. Dacy stated the role of the Planning Commission is to make a motion to approve the draft received this evening subject to changes they may feel are appropriate. It will go to Council and subsequent drafts will be acted on. A public hearing process will be initiated and will come back to the Planning Commission in 3 months regarding the privately-owned sites. Mr. Sielaff asked will there be something going on that could change the way we look at this in the near future. Ms. Dacy stated the industry is changing very quickly. Technology is constantly changing. Mr. Oquist asked about being somewhat unique in determining the sites. No one else is trying to do that? Mr. Mendoza stated as far as he knows, those communities he has worked with particularly because of the timing, and numerous requests, other communities are reacting rather than taking this type of approach. Mr. Sielaff asked, "Is the FCC a rulemaking body and will the laws change?" Mr. Mendoza stated they issued several rules. Most importantly, the preemption of satellite antennas. This is an evolving area of the law and technology. Before the law catches up, the technology will have changed. Mr. Beck, of ATT Wireless Services explained ATT's reactions to the ordinances and explained the needs of ATT. Mr. Milke determines sites for ATT. The ordinance is innovative and caused ATT some concern but it is workable. The needs relate to the technology. A system of a series of cell sites are necessary to cover the capacity so everyone can utilize the technology. Each cell�site can handle a certain number of calls. The system was turned on with 9 cell sites. Now we are at over 100 cell sites. As the system matures we need more cell sites but at lower locations. The location of each additional cite becomes less flexible. The site is determined by�capacity. A search area will be identified. The search area will be very small. We will need sites that don't fall within the 14 sites. You have added additional sites and the opportunity to go out to the private 6.30 �� _ � • 1 • ��_ • • � _ � sector, those are good moves. Our goal is also to serve a broad sector of Fridley with the least amount of impact. We also serve as a back up to the public safety issues. Mr. Sielaff asked so you agree with the locations but need more? Mr. Beck stated, we don't know about the private property owners. For one or more provider, undoubtedly there will be a need outside the designated site. We would also ask you to consider, in virtually all communities we have been encouraged to locate on existing structures. We can mount these on locations with minimal visual impact. Ms. Modig asked, how about impact? Will this interfere with anything I have in my home? Mr. Beck stated, this is only a visual impact. It has virtually no interference with consumer electronics, and there are no health impacts. It is a visible, line to site technology. Mr. Kondrick stated, instead of more sites, why not have 2 or 3 poles on each site. Why the additional sites? Mr. Beck stated, hopefully we will have one pole with multiple users. We need a 25 feet vertical separation so the more height you allow us the better. The issue is the location of the sites, as the system matures we have a very little area where we need an additional site. Mr. Kondrick stated so we have two issues, coverage and capacity. The number of sites is adequate, then the capacity needs to be addressed. Mr. Beck stated, the issue is we won't need 14 sites in Fridley as one carrier. There won't be more than 14 for a long time. The issue is location. We are looking for flexibility to put an antennae where we need it. Chairwoman Savage asked are you addressing this right now? Mr. Beck replied, yes. We request the Commission consider allowing as a permitted use, a building mount. To encourage us to go on existing building and not build the poles. To avoid paying for the pole, would be great for ATT. 6.31 PLANNING COMMISSION MEETING, OCTOBER 15, 1997 PAGE 32 Mr. Sielaff asked, would providers have poles in other locations? Mr. Beck stated yes. It is good to have enough height on a pole to co-locate. It is a numbers game, we are co-locating more than we have in the past. We have worked with 50 different communities concerning these issue. One is to reduce the number of poles and put them on buildings. You have a good start here. By telling us we want you to go to one of those 14 sites, that is great, if you want less poles, then put us on buildings. But if it doesn't meet our needs, we wont go there. Ms. Modig asked, is there anything in this document about the buildings? Ms. Dacy responded, no. We have identified 14 sites. Some buildings such as the All Temp building on I-694 was selected because of the location. At this point we are not recommending the Commission amend the ordinance but to pass the ordinance before you. If you would like to discuss the height issue we can do that with Mr. Dolter. Mr. Beck stated, you won't see any new law coming out of what the City can or can't do in this right now. However there is a lot of pressure from the industry so where ws are is where we will be. Anthony Segal, Engineer and Regional Operations Manager for US West displayed a typical water tower with antennae. Other cities permit mounting antennae on an existing structure. From a building perspective, US West would prefer to mount on a building rather than construct a new tower. The antennae can be painted the color of the building to blend into the structure. When buildings are wider instead of tall, the antennae is mounted on top of the building. Screening can be placed to hide the antennae. An example of an antennae located on a light pole was also displayed. Antennae can also be located on top of a transmission facility. Unless pointed out you will not see it. Mr. Kuechle stated Fridley doesn't have very tall buildings. How high do you want to get them up? Mr. Segal stated we have buildings as short at 40 - 50 feet. We would like to see encouragement from the Commission to use these facilities. 6.32 ��t��L • s�[4 • � —— — � • • : ; . . . . Ann Hagan, a resident of 551 Rice Creek Boulevard NE addressed the Commission with her concerns. Ms. Hagan expressed concerns related to her comfort level on the tower from an environment health point of view. We are more acutely sensitive as human beings . Is that 50 to 100 watts per tower? The latest environmental consultants when evaluating school locations looked at the measurements of power in determining school locations. Environmental consultants determine recommendations on radon, prior land usage, method of building and concern of electromagnetic field. They look for 60 hz power use, and electrical equipment. There is a relationship between electromagnetic field and childhood leukemia's. In Stillwater, in determining the site of their new school, they determined all the amount of power use. Minnetonka also hired the same consultant to make these determinations prior to building. Newer books published since 1996 have chapters on electromagnetic's. Ms. Hagan wants to make sure we are covering ourselves and considering all the issues. Mr. Hickok stated, David Dolter can speak to any technical questions the Commission may have. David Dolter stated, the City's review of sites ensures that the towers are built in a way that they will minimize the aesthetic affect. That is why we don't recommend using building mounted antennas. The industry cannot tell you when they need to fill in the blanks between the sites. As the number of calls increase, they will need to fill in the blanks but we don't know when. We want to minimize the clutter and be proactive. Mr. Kuechle stated Mr. Dolter's statement seems to conflict with what the industry is looking for. Why don't we want them to use transmission towers? Mr. Dolter responded that he is not opposed to them using transmission towers but they should be determined by the City. These sites were determined to minimize the clutter. If they want to locate on a high voltage tower, that is fine. But if they want to be on a building, they should meet your community standards. Ms. Modig asked if we take this on the special use permit track, is there a way to minimize the amount of time to process the application and our need to make sure the impact is acceptable s.33 PLANNING COI�KISSION MEETING OCTOBER 15 1997 PAGE 34 Mr. Hickok stated the Agency Action Law requires us to react in a timely basis. No, there is not a way to shorten the time to process the application. M TI N by Chairwoman Savage, seconded by Mr. Kuechle, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 11:55 P.M. M T O by Mr. Kondrick, seconded by Ms. Modig to receive comments from Mr. David Voss as presented by Ms. Hagan. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED. Chairwoman Savage stated the comments have been useful and is in favor of recommending approval of the ordinance to amend the zoning ordinance and staff has done a great job. Ms. Modig concurs and likes the fact that the City is dealing with this in a proactive way. MOTION by Mr. Kondrick motion to concur with staff on ZTA 97-03 the amended version of the Zoning Ordinance to allow wireless communication facilities as presented in the draft this evening dated Oct�ober 15, 1997. Seconded by Mr. Oquist. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED. Ms. Dacy stated the next hearing is scheduled for October 27, 1997 before the City Council. 7. RECEIVE THE MINUTES OF THE HOUSING & REDEVELOPMENT AUTHORITY MEETING OF AUGUST 14, 1997 MOTION by Ms. Modig, seconded by Mr. Kuechle, to receive the minutes of the Appeals Commission meeting of August 14, 1997. � _ �1 • . . . . � � � � • ' �_ .. MOTION by Mr. Kondrick, seconded by Mr. Oquist, to receive the minutes of the Parks & Recreation Commission meeting of September 6.34 . . __ • 1� _��__v� � • • � � .. .. 8, 1997. 9. RECEIVE THE MINUTES OF THE ENVIRONMENTAL OUALITY & ENERGY C"�MMISSION MEETING OF SEPTEMBER 16 1997 Mr. Sielaff stated the minutes have not been approved by the Environmental Quality & Energy Commission and should not be received. � ! _ � • -_ •.. • • • . .. MOTION by Mr. Kuechle, seconded by Mr. Kondrick, to receive the minutes of the Appeals Commission meeting of September 24, 1997. � � • ��u ._ MOTION by Mr. Kondrick, seconded by Mr. Oquist to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE OCTOBER 15, 1997, PLANNING COI�Il�tISSION MEETING ADJOURNED AT 12:05 P.M. Respectfully submitted, � ' _�� I \ � �/� ��'� 1 � (,� Debbie Kidder Secretary to the Planning Commission 6.35 S I G N— IN S H E E T PLANNING COMMISSION.MEETING, � Wednesday, October 15, 1997 ✓ 6.36 S I G N— IN S H E E T PLANNING COMMISSION.MEETING, � Wednesday, October 15, 1997 6.37 MEMORANDUM DEVELOPMENT DIRECTOR DATE: TO: FROM: SUBJECT: October 23, 1997 � William Burns, City Manager � Barbara Dacy, Community Development Director Grant Fernelius, Housing Coordinator Consider Approval of Agreement with Anoka County HRA for the 1997 Community Development Block Grant Program The Anoka County HRA has drafted the standard agreement which needs to be executed by the City in order to receive CDBG funds. The agreement covers Fiscal Year 1997 funding which began on July 1, 1997 and runs through June 30, 1998. The activities which were approved by the Council consist of the following: Housing Rehabilitation Grants Public Services Grants Senior Home Companion Fridley Rec. & Natural Resources ACCAP Senior Outreach Alexandra House SACA County Admin. Charge Total Funding $4,000 $4,000 $8,500 $3,000 $2,500 $22,000 $124,848 $22,000 $1,000 $147,848 * Projects will be placed under multi-city contract managed by the County. 7.�� 1997 Community Development Block Grant Program October 23, 1997 Page 2 RECOMMENDATION Staff recommends that the City Council authorize the Mayor and City Manager to execute the agreement with the Anoka County HRA for the 1997 Community Development Block Grant Program. GF/ M-97-444 7.�2 9�-o�os ANOKA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AGREEMENT between THE COUNTY OF ANOKA, A POLITICAL SUBDIVISION OF THE STATE OF MINNESOTA, BY AND THROUGH THE ANOKA COUNTY HOUSING & REDEVELOPMENT AUTHORITY, A PUBLIC BOOY CORPORATE AND POLITIC AND THE CITY OF FRIDLEY This Agreement is entered into this 1 st day of July, 1997, between the County of Anoka, a political subdivision of the State of Minnesota, by and through the Anoka County Housing and Redevelopment Authority, a public body corporate and politic (hereinafter referred to as the "HRA"1, and the City of Fridley, (hereinafter referred to as the "Agency"l: RECITALS A. The County of Anoka (hereinafter "County") is an urban county applicant for block grant funds under the Housing and Community Development Act of 1974 (the Act), Pub. L. 93-383 as amen d, and will receive block grant funds for the purpose of carrying out eligible community development and housing activities under the Act and under regulations promulgated by the Department of Housing and Urban Development (HUD) at 24 CFR p. 570; B. An Urban County Consortium has been established by a Joint Cooperation Agreement between the County and municipal corporations within the County, the terms of which specify allocation of block grant funds to those participating jurisdictions for use in accordance with the County Housing Assistance and Community Development Plans accepted by participating jurisdictions and reviewed by HUD; C. The County has entered into a joint powers agreement with the HRA to administer the Community Development Block G�ant Progcam and delegated to the HRA the rights, duties and obligations to disperse, monitor and administer funds under the Community Development Block Grant program, in a manner consistent with terms and condition imposed on the County by agreement, County resolution, HUD regulations, and the Community Development Block Grant Plan; D. The HRA desires to have certain services performed by the Agency as described within this agreement, and as authorized by County resolutions for the purpose of implementing eligible activities under the Act and HUD regulations; E. It is appropriate and mutually desirabte that the Agency be designated by the HRA to undertake the aforementioned eligible activities, so long as the requirements of the Act, HUD Regutations, state law and local law are adhered to, as provided for herein; 7,03 F. - G. H. The purpose of this Agreement is to provide for cooperation between the HRA and the Agency, as the parties in this agreement, in implementing such eligible activities in the manner desc�ibed above; The parties are authorized and empowered to enter into this Agreement by the Laws of the State of Minnesota. The attached exhibits as listed below are hereby incorporated in this agreement and made a part hereof: PART I. PART II. PART III. Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G GENERAL CONDITIONS FEDERAL AND LOCAL PROGRAM REQUIREMENTS EVALUATION AND RECORD KEEPING Project Desc�iption Summary and Budget Preiiminary Project Request 1996 Program as approved by County Board Anoka County Board Resolution No. 85-42 Anoka County Board Resolution No. 85-23 , Anoka County Board Resolution No. 86-70 Certification I. In consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the panies mutually covenant and agree as provided for in this agreement. � COUNTY By: Dated: APPROVED AS TO FORM: By: Assistant County Attorney Dated: 7.�� AGENCY By: Name (typed): NANCY J. JORGENSON Title: 1KAYOR Dated: By: Name (typed): WILLIAM W: BURNS Title: CITY MANAGER Dated: MEMORANDUM DEVELOPMENT DIRECTOR DATE: October 23, 1997 TO: William Bums, City Manager�'�r FROM: Barbara Dacy, Community Development Director SUBJECT: Resolution Supporting Designation of the Mississippi River as an American Heritage River Staff recommends that the City Council adopt the attached resolution supporting designation of the Mississippi River as an American Heritage River. The Metropolitan Council in cooperation with the McKnight Foundation is nominating the Mississippi River in the Metropolitan area as a"Heritage River" to the federal government. If approved, additional federal funding may be available to the area for river projects.. Better coordination and cooperation befinreen federal agencies and local governments is also promised. There is no financial commitment by the City and the attached resolution merely signals the City's support of this project. BD/dw M-97-443 8.01 R$SOLIITION NO. - 1997 A R$SOLUTION SIIPPORTING D$SIGNATION OF TH$ MISSISSIPPI RIVER AS AN AMERICAN H$RITAG$ RIVER WHEREAS, the Mississippi River is recognized as an important asset to the City of Fridley, Anoka County, the Metropolitan area, and the State of Minnesota; and WHEREAS, six miles of Mississippi shoreline is located adjacent to Fridley; and WHEREAS, the City supports the projects and activities intended to enhance and improve the Mississippi River as a commercial, recreational, environmental, and historic resource; and WHEREAS, the City has endorsed and financially supported a variety of projects creating parks and recreational facilities along the Mississippi River; and WHEREAS, the City has been an active participant in the Mississippi National River and Recreational Area project; and WHEREAS, the City seeks to strengthen its partnership with the United States Federal Government in implementing local river strategies. NOW, THEREFORE, BE IT RESOLVED that the City Council for the City of Fridley, Minnesota, hereby endorses the nomination of the Mississippi River for designation as an American Heritage River. PASS$D AND ADOPT$D BY THB CITY COIINCIL OF TH$ CITY OF FRIDL$Y THIS DAY OF , 1997. ATTEST: WILLIAM A. CHAMPA - CITY CLERK 8.OG NANCY J. JORGENSON - MAYOR 1' :�. Senate Supports Heritage Rivers meat of a"talent bank" which will allor�► ; Washington, D.C. — Tl�e Senate ieject communities to share knowledge . ancl j ed aa amendment which would have ��q�� a��og of federal services, .; and a"river navigato�" who w�l help des- � undermined the American Heritage � � rivers find federal funds. -. ; Rivecs Initiative, a new Whitc House �e�ort ��1 �vecnment has a lot of, i to recogn''u.e river trvitalization eHorts wd . unprove the delivery of fedecal services to eXP�� t° o�er t° 1�1 �� :�� i riverside communities. Mayors from com- � we ought tu be boking �r ways to ahace ; munities along the Upper Mississippi �t �"'e� � COmmunities who want it� . Liebertnan (D-Ct�• River are seeking designation. �� . j°�� _ � Sen. Tim Hutchinson (R-AK) pro- � "� M lznd Fish KiUs Higlilight ; posed an amendment to the Senate uY Interior Appcopciations bill which would Farm Runoff have subjected nominations to an act of Washington, D.C. — Few national �� Congc+ess and required local communi- cules contml the pollution that runs=off � ties to contact all property owners living farms nationwide — pollution suspected ^.. within 10 miles from the river. Although �n the outbreak of .a mysterious :5sh-=� American Heritage River designation �p�g miceobe in Maryland and current='';� dces not cceate new federal regulatioas ly tbe most widespc+ead souc�ce of conti=.:~� or diminish private property riShts� mination in Aznerica's rivers. - '; some right-leaning groups oontend des- Only the 1aBest livestock opentions� -' ignatioa would ultimately lead to more holding thousands of animals in Pena, y federal control of riverside lands.-: � cequire permits frnm tbe Eavuonatientil'�, 'The amendment was defeated 5? to 42. Protectioa Agency. for the sbonge of � Sen. Christopher "Kir' Bond (R-IVtO) manure. And atthough 16 states t+eqwre:� voted against the amendment and o�G g�aller farms to adhe[e_to,:�pl�ns:� encouraged other Republican Senators on how to mat�a8e manure and fertiliz�{ cortcerned about property rights to aliow ers, most states have pucely volon'�ary� the Initiative to move forwa�. "The pcngrams. It is neally not re8ulat�� White House has assured us that the �a Scott Faber of American River`s.'�� designation of rivers would be an opea Pesticides and soil er�sion ftom fartns ' process which will safeguard the roles of a{�o poUute waterways, bat the nutrients_+ . . 3'i �.C:w 1oca1 government and the rights privats �u manu�+e and other fertilizers_ -=�t�wn,-�: property owne�s," said a legislative aide �y .njt�,ngen and phosphorous =_--::ttpe,f�.� to Sen. Bond. "The Senator is inctined to nature's balanoe, with sometimes unfoie=_; let them make good on their word:' seen results. Oa Maryland's Eastern.`. Sens Paul Wellstnne �D-MI�� Herb Shore, officials are tryin8 to determine if Kohl (D-VVI), Russ Feinguld (D-Wn. Carol poU(hy brms contributed to an outbt�e�lt Moseley-Bcaun (D-II.)� Richud Durbin of pfiesteria piscicida, a bact�ria, _that (D-IL), and Tom Harkin (D-I� also voted killed scores of fish in Chesapeske BaY: to table the amendment "We have a bt of �b�taries and may have sickened people„ communities seeking de�+Qna_-a lion of the who came in coatact with the riyers.: �::� (Jppe� issippi River to imomve aooe�s A ooncentration of huge hog 6rms�is to federat riverfront revitalizaLon�+n _ the maia suspect in a similar appea,rance. gams " Sen. Wellstnne sad dunnS �e. of pfiesteria that killed millions ;of z5ah flood debate. This amendment "would- hvo years sgo in North Carolina,�And place an insurmountable e+uadblock__yt-fmnt some sciendsts believe dairy:,.herds of local commuaities ... who ue hy►n8 to could have been the sounce of the.�p4ra- make the most of their river resourees." site cryptospuridia in Wisconsin _in 199Ci Sens. John Ashccvft (R-MO), Charles — Wrhich caused 100 deaths and __made Grassley (R•IA)� and Rod Grams (R-MI� 400,000 sick — and in GeoBia it! 1987 voted for the ameudmen� � 8�03 Nutrients are beneficial whea u�� The White House launched the �per amounb tfl help crops_g�ow,,;� American Heritage Rivecs Initiative to tuany farmers use cattle and,,:�h�k�n impmve access to federal river revital- �nanure on fields. It is a bw-co'at a� ization programs� including thc develo� tive to chemicals and 6eips fume �� .� City of Fridley TO: William W. Burns, City Manager�� FROM: John G. Flofa, Public Works Director DATE: October 27, 1997 SUBJECT: Hackman Avenue Improvement Project PW97-279 The attached resolution is submitted for Council's consideration on the Hackman Avenue Water and Street Improvement Project No. ST. 1998 -1. The resolution will approve preparation of plans and specifications. Recommend City Council adopt the resolution ordering the preliminary plans for Street Improvement Project No. ST. 1998 - 1. JGF:cz Attachments 9.01 R$SOLUTION N0. - 1997 A RESOLIITION ORD$RING PRELIMINARY PLANS, SP$CIFICATIONS AND i3STIMAT$S OF TIi$ COSTS THLREOF: STRE$T IMPROV�NT PROJECT NO. ST. 1998 - 1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley as follows: 1. That it appears in the interests of the City and of the property owners affected that there be constructed certain improvements to-wit: Street improvements, including grading, stabilized base, hot-mix bituminous mat, concrete curb and gutter, sidewalks, water and sanitary sewer services, storm sewer system, landscaping, and other facilities located as follows: HACKMAN AVENUE AND HACKMAN CIRCLE BETWEEN HATHAWAY AND TENNISON That the work involved in said improvements listed above shall hereafter be designated as: STREET IMPROVEMENT PROJECT N0. ST. 1998 - 1 2. That the Public Works Director, John G. Flora, City Hall, Fridley, MN, is hereby authorized and directed to draw the preliminary plans and specifications and to tabulate the results of his estimates of the costs of said improvements, including every item of cost from inception to completion and all fees and expenses incurred (or to be incurred) in connection therewith, or the financing thereof, and to make a preliminary report of his findings stating therein whether said improvements are feasible and whether they can best be made as proposed, or in connection with some other improvements (and the estimated cost as recommended), including also a description of the lands or area as may receive benefits therefrom and as may be proposed to be assessed. 9.02 RESOLUTION NO. Page 2 3. That said preliminary report of the Public Works Director shall be furnished to the City Council. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 27TH DAY OF OCTOBER, 1997. NANCY J,. JORGENSON - MAYOR ATTESTED: WILLIAM A. CHAMPA - CITY CLERK 9.03 City of Fridley TO: William W. Burns, City Manager �� FROM: John G. Flora, Public Works Director DATE: October 27, 1997 PW97-275 SUBJECT: Joint Powers Agreement No. 970537 with Anoka County for the Reconstruction of 57th Avenue - We have received a Joint Powers Agreement from Anoka County Highway Department regazding the City's proposal to upgrade 57th Avenue from Trunk Highway 47 west to Main Street. The Joint Powers Agreement No. 970537 outlines the design and cost sharing for the reconstruction of County Road 102 (57th Avenue. As originally agreed to, the agreement identifies that the City shall pay $100,000 plus its share of the construction cost associated with the improvement. These normal construction costs would include any necessary right-of-way, new sidewalks, any hydrant relocation, a portion of the storm sewer construction cost, street lighting, medians, any new or upgraded driveways, and the City's share of the signalization on TH 47. The City is also responsible for completing the design for the improvement which satisfies the Anoka County Highway Department's requirements. As a means of proceeding with this project, recommend the City Council authorize the Mayor and City Manager to execute the Joint Powers Agreement No. 970537. JGF:cz Attachment 10.01 /f Anoka Couary Contract No. 970537 JOINT POWERS AGREEMENT FOR RECONSTRUGTION OF COUNTY ROAD N0.102 (57TH AVENUE) BETWEEN TRUNK AIGFIWAY NO. 47 AND MAIN STREET (Anoka County Project No. 97-11-102) THIS AGREEMENT is made and entered into this 2 8 t h day of o c t o b e r , 1997, by and between the County of Anoka, a political subdivision of the State of Minnesota, 2100 Third Avenue, Anoka, Minnesota 55303, hereinafter refened to as the "County," and the City of Fridley, 6431 University Avenue Northeast, Fridley, Minnesota 55432, hereinafter referred to as the "City." WITNESSET'H: WHEREAS, the parties to this Agreement have acknowledged the need to improve the condition of County Road No. 102 (57th Avenue) and improve the drainage along County Road No. 102, as well as their being aware of the increased tra�c and tuming movements on County Road No. 102; and WHEREAS, said parties are mutually agreed that the reconstruction of County Road No. 102 and construction of a storm sewer system should be done as soon as possible; and VVF�REAS, the City has prepared a"57th Avenue Traffic Study Update" dated Mazch 1997 completed by BRW (hereinafter referred w as the "Study"), which study is on file in the offices of the City and County Engineers; and WHEREAS, the parties to this Ageement consider it mutually desirable to upgrade Counry Road No. 102 by reconstruction, as shown in Figure 17 of the Study for a five-lane design, alternate 3; and VVHEREAS, the parties mutually agree that it is in their best interest that the City prepare the plans and specifications for this project; and WHEREAS, the City wi71 fund the preparation oE plans and specifications, pay their normal share of the construction costs as per Exhibit A, which is attached hereto and incorporated herein, and pay an additional $100,000.00 toward the reconstruction of County Road No. 102; and V�/HEREAS, the Cityw�11 use the services of BRW to design said plans and speci�cations for this project and shall require BRW to coordinate the design with the County's Highway design engineer, traffic engineer, and contract administrator; and 10.02 WHEREAS, the parties agree that it is in their best interest that the cost of this project be shared as provided herein; and VVHERE�S, together with sharing the cost of conswction for the vaffic signals, storm sewer and roadway, the City w�11 incorporate miscellaneous utility work and decorative features to be covered by this Agreement; and VVHEREA.S, Minn. Sta� § 471.59 authorizes political subdivisions of the State to enter into joint powers agreements for the joint exercise of powers common to each. NOW, THEREFORE, it is mutually stipulated and agreed: I. PURPOSE The parties have joined together for the purpose of reconstructing the roadway, drainage, sidewalk, traffic control systems, ad well as other amenities on a,portion of County Road No. 102 (57th �venue) as described in the County's plans and specifcations for this project numbered 97-i 1-102. II. METHOD The City shall provide all design engineering services in full coordination with the County's Highway design engineer, traffic engineer, and contract administrator. The design, plans and specifications for the improvements descnbed herein shall not be used until approved by the County Engineer in writing. The County shall cause the construction of the improvements described herein, which construction is expected to start in the Spring of 1998. III. COSTS A. The contract cost of the work, or if the work is not contracted the cost of all labor, materials, normal engineering costs, and equipment rental required to complete the work, shall constitute the actual "construction costs" and shall be so referred to herein. "Estimated costs" are good faith projections of the costs which will be incurred for this projec� Actual costs may vary, and those will be the costs for which the City will be responsible. B. The estimated cost of the total project is Two Hundred Forty Thousand and 00/100s Dollars ($240,000.00). Participation in the construction cost is as follows: -2- 10.03 1. The City shall be responsible for obtaining and paying for 100% of all additional right-of-way needed to the width shown in the Study in Figure 17 and any temporary conswction easements needed for construction. The City shall convey to the County said right-of-way and temporary construction easements prior to award of the contract for construction. 2. The City will pay for 1009fo of the cost of new sidewalk installed on the project In addition, the City will pay 100°l0 of the cost to upgrade any existing walk to a decorative walk. K� at no cost to the City. 4. water, and sewer construction. In-place concrete walk will be replaced with concrete walk by the County The City will pay 100°!0 of the hydrant relocation and gate box adjustment, 5. The City will pay for the non-eligible portion, plus the non-participating portion, of the storm sewer construction. The non-eligible cost will be determined by the State hydraulics letter which the City shall request the State to do on hydraulic analysis for the project to determine participation. 6. project. 7. of concrete median. The City will pay 100% of the cost of any street lighting included in the The City will pay 100Rb of the cost of decorative median above the cost 8. The City will pay 100°!0 of the cost of new concrete and/or bituminous driveway pavement for all upgraded driveways. No. 102. 9 10. The City will pay 100% of the cost of the new paths along County Road Any in-place driveway pavement disrupted by the construction will be replaced in kind by the County at no cost to the City. 11. The City shall furnish and deliver to the construction site replacement hydrants for any hydrant which is being relocated as a part of this project and which the City wants replaced. -3- 10.04 � 12. The City shall pay, in addition to the above, 5100,000.00 toward the County's costs for the project Ti�e City shall also pay for conswction engineering at a rate of 8°!0 of its designated share. 13. The total estimated cost to the City for the construction can not be made at this time. 14. Upon award of the conuact for construction, the City shall pay to the County $100,000.00 plus 95% of its share of the construction cost as described above. The City's share of the cast of the project shall include only conswction and engineering expenses and does not include administrative expenses incurred by the County. 15. Upon final completion of the project, the City's share of the conswction cost will be based �pon actual construction costs. If necessary, adjustments to the initial 95°k charged will be made in the form of credit or additional charges to the City's share. Also, the remaining 5% of the City's portion of the construction cost shall be paid. � IV. TERM This Agreement shall continue until (1) terminated as provided hereinafter, or (2) until the construction provided for herein is completed and payment provided for herein is made, whichever of (1) or (2) shall occur first. V. DISBURSEMENTS OF FUNDS All funds disbursed by the County or City pursuant to this Agreement shall be disbursed by each entity pursuant to the method provided by law. VI. CONTRACTS AND PURCHASES All contracts let and purchases made pursuant to this Agreement shall be made by the County in conformance with state laws. VII, STRICT ACCOUNTABII.I'I'Y A strict accounting shall be made of all funds and report of all receipts and disbursements shall be made upon request by either party. -4- 10.05 e VIII. TERMINATION This Agreement may be terminated by either party at any time, with or without cause, upon not less than thirty (30) days written notice delivered by mail or in person to the other party. If notice is delivered by ma�7, it shall be deemed to be received two (2) days after mailing. Such termination shall � be effective with respect to any solicitation of bids or any purchases of services or goods which occurred prior to such notice of termination. The Ciry shall pay its pro rata share of costs which the County incurred prior to such notice of termination. IX. AFFIRMATIVE ACTION In accordance with Anoka Caunty's Affirmative Action Policy and the County Commissioners' policies against discrimination, no person shall illegally be excluded from full-time employment rig�ts in, be denied the benefits o� or be otherwise subjected to discrimination in the program which is the subject of this Agreement on the basis of race, creed, color, sex, sexual orientation, marital status, public assistance status, age, disability, or national origin. � X. NZAINTENANCE Maintenance of the completed watermain, sanitary sewer system, storm sewer system (except catch basins, catch basin leads, bikeway, and sidewalk shall be the sole obligation of the City. XI. NOTICE For purpose of delivery of any notices hereunder, the notice shall be effective iE delivered to the County Administrator of Anoka County, 2100 Third Avenue, Anoka, Minnesota 55303, on behalf of the County, and the City Manager of Fridley, 6431 University Avenue Northeast, Fridley, Minnesota 55432, on behalf of the City. XII. INDEMI�IIFICATION The City and the County mutually agree w indemnify and hold harmless each other from any claims, losses, costs, expenses or damages resulting from the acts or omissions of the respective officers, agents or employees relating to activity conducted by either party under this Agreement -5- 1o.os XIII. ENTIRE AGREEMENT REQUIREMENT OF A W�NG It is understood and agreed that the entire agreement of the parties is contained herein and that this Agteement supersedes all oral agreements and all negotiations between the parties relating to the sub'ect matter thereof, as well as any previous agreement presendy in effect between the parties relating J to the subject matter thereof. Any alterations, vaziations or modit � and d 1 t signed byth part�es Agreement shall be valid only when they have been reduced to wn S Y herein. �•Z 10.07 r IN`VI'I'NESS Wf��REOF, the parties of this Ageement have hereunto set their hands on the dates written below. COUNTY OF ANOKA sy: Dan Erhart, Chairman Counry Boazd of Commissioners Dated: ATTEST By: John "Jay" McLinden � County Administrator Dated: RECOMMENDED FOR APPROVAL sy: Jon G. Olson County Engineer Dated: APPROVED AS TO FORM By: Dan Klint Assistant County Attorney Dated: dk\contract\199'nfridl ey3. jpa �t 10.08 CITY OF FRIDLEY By: Its: Dated: By: Its: Dated: By: Its: Dated: EXAIBIT � COST-SHARING AGREEMENT FOR PROJECTS CONSTRUCTED IN ANOKA COUNTY USING COUNTY STATE AID FUNDS OR LOCAL TAX LEVY DOLLARS � .MF ,$ COUNTY SHAI3� �ITY SHARE Bikeways • 0 100°h Concrete Gtirb and Gutter Concrete Sidewalk Concrete Sidewalk Replacement Concrete Ctirb and Gutter for Median Construction Concrete Median Construction or Adjustment of Local Utilities Grading, Base and Bituminous Storm Sewer Driveway Upgrades Traffic Signals (communities larger than 5,000) Traffic Signals (communities less than 5,000) Engineering Services Right-of-Way Street Lights 50°k 100% 100% 100% 0 100°�b based on state aid letter'2 Os6 1/2 the cost of its legs of the intersedion 1�� #� 100% 0 50% 100°!0 0 0 O.i 100°�b 0 based on state aid letter•2 10�% the cost of its legs of the intersection plus i/2 the cost of the County legs of the intersection �*3 ♦� �*s 100% '1 The County pays for 100°!0 of a Standard Median Design such as plain concrete. If a local unit of government requests decorative median such as ned brick, stamped oonarete, or exposed aggregate concrete, the local unit will pay the additional cost above the cost of standard median. #2 In tbe event no State Aid is being use� drainage oost shares will be computed by proportions of total area to County area where the area of the road right-of-way is doubled prior to performance of the calculations. *' In cities less than 5,000 people the County pays for 100% of the cost of the traffic signal effective March 1986. The County collects on behalf of the cities (less than 5,000) "Municipal State Aid Dollars" since they do not themselves qualify for state aid funds. These funds arE used to pay the City Shane. *' Engineering shall be paid by the Lead Agency except that any participating agency will pay construction engineering in the amount of 8% of the construction costs paid by that agency. *' In the event that the Township or City requests purchase of right-of-way in excess of those right-of-ways required by County construdion, the Township or City participates to the extent an agrcement can be reached in these properties. For instance, a Township or City may request a sidewalk be constructed alongside a County roadway which would require additional right-of- way, in which case tbe Townstvp or City may pay for that portion of the right-of-way. Acquisition of right-of-way for new aligiunenis shall be the nes�wnsibility of tbe Township or City in which tbe alignment is located. This provision may be waived by agreement with the County Board if the road�i+ay replaces an existing alignment and the local unit of government takes jurisdiciion of that existing alignment. In addition, any costs, including right-of-way costs, incurred by the County because a Township or City did not ac�uiie su�aent right-of-way during the platting process or redevelopment process shall be paid by the Township or City. #6 'I'he County will replaoe all driveways in-kind. be at 100% expense to the Township or City. Upgrades in surfacing (i.e. gravei to bituminous, bituminous to conc�rete) shall 10.09 dk/contract/forms/exhibit.fm-10/8/97 City of Fridley TO: William W. Burns, City Manager ,�'� `� " r FROM: John G. Flora; Public Works Director DATE: October 27, 1997 SUBJECT: Storm Sewer Improvement Project PW97-280 The attached two resolutions are submitted for officially initiating the process for the Rice Creek Bank Stabilization Project No. 309. The first resolution calls for preliminary plans and specifications and the second resolutions call for setting a public hearing. Recommend City Council adopt the resolution for ordering the preliminary plans and specifications and also the resolution setting a public hearing for the Storm Sewer Improvement Project. JGF:cz Attachments 11.01 RSSOLIITION NO. - 1997 A Ri3SOLIITION ORD}3RING PRLLIMINARY PLANS, SPLCIFICATIONS AND i3STIMATES OF TH$ COSTS TH}3R}30F: STORM SEWSR PROJECT NO. 309 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley as follows: 1. That it appears in the interests of the City and of the property owners affected that there be constructed certain improvements to-wit: Creek bank stabilization, including grading, and storm sewer system, landscaping, and other facilities located as follows: RICE CREEK BETWEEN 477 AND 601 RICE CREEK TERRACE 2. That the Public Works Director, John G. Flora, City Hall, Fridley, MN, is hereby authorized and directed to draw the preliminary plans and specifications and to tabulate the results of his estimates of the costs of said improvements, including every item of cost from inception to completion and all fees and expenses incurred (or to be incurred) in connection therewith, or the financing thereof, and to make a preliminary report of his findings stating therein whether said improvements are feasible and whether they can best be made as proposed, or in connection with some other improvements (and the estimated cost as recommended), including also a description of the lands or area as may receive benefits therefrom and as may be proposed to be assessed. 3. That said preliminary report of the Public Works Director shall be furnished to the City Council. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 27TH DAY OF OCTOBER, 1997. NANCY J. JORGENSON - MAYOR ATTESTED: WILLIAM A. CHAMPA - CITY CLERK 11.02 ,_� RICE CREEK BAIYK STABILIZATION PETITION SEPTENIBER 1997 We, the residents on Rice Creek, request the City of Fridley to proceed with the proposal to stabilizing the banks of the creek. We understand that the Rice Creek Watershed District will fund 50% and the City 25%, with the remaining 25% spread on a linear foot basis to the benefited properties. We also understand that the individual property owners may pay their share upon completion of the project or request the City to assess the cost over 15 years. N�iE PLY APPROY ADDRESS LENGTH � � 14-12-0001 80 490 69TH AVE r,i' � - �l/) '� 14-21-0002 110 580 69TH AVE v :� ,,�., � . 14-21-0010 100 490 RICE CREEK BLVD , �.._— �;' 14-21-0009 60 500 RICE CREEK BLVD r . 14-21-0008 100 520 RICE CREEK BLVD 14-21-0007 70 530 RICE CREEK BLVD 14-21-0006 110 540 RICE CREEK BLVD 14-21-0005 104 SSO�RICECREEKBLVD 14-21-0004 80 560 RICE CREEK BLVD 14-21-0003 100 570 RICE CREEK BLVD 1421-0056 110 497 RICE CREEK TERRACE , , .•,, �: -�' 1421-0055 110 513 RICE CREEK TERRACE 1421-0054 20 525 RICE CREEK TERRACE r _� 1421-0051 60 Sbl RICE CREEKT'ERRACE 1412-0071 130 565 RICE CREEK TERRACE ,�+-.�- � 42I-0062 750 567 RICE CREEK TERRACE -G'� 1412-0068 140 573 RICE CREEK TERRACE ��c`�3S 14-12-0067 40 577 RICE CREEK TERRACE i r � �. � 14-12-0066 100 581 RICE CREEK TERRACE � 1412-0065 80 585 RICE CREEK TERRACE r-��. � " 14-12-0064 130 589 RICE CREEK TERRACE ��'� 1412-0063 100 � 93 RICE CREEK T'ERRACE � ` �� _ 14-12-0062 100 601 RICE CREEK T'ERRACE Total Len 2,900 11.03 c:��kuoo_boo.c�i I � � i � � I �� ( I I I I! r,�i . � .. .� '}, , r � � ..7i * — �� • � • ` � � / a� � "'�� o � -o Z � L L � � 4- � 0 O � � }� `V U rv _ � ca -� v , �� C � � L N U � � a� � V o �J i � •� Y C � m I • I C� � N C N N 0 � � � U N `"' Y W � c � m O � � 0 � � � L O � � C N � � � U � C O U RBSOLIITION NO. - 1997 RESOLIITION Ri3C$IVING THE PRBLIMINARY REPORT AND CALLING FOR PIIBLIC HEARING ON TH}3 MATT$R OF CONSTRIICTION OF C]3RTAIN IMPROVEM73NTSs STORM S�R PROJSCT NO. 309 WHEREAS, Resolution No. -1997 adopted on the th day of , 1997, by the City Council, ordered the preliminary plans, specifications and estimates of the costs thereof for the improvements in this project. WHEREAS, the construction of certain improvements is deemed to be in the interest of the City of Fridley and the property owners affected thereby. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley as follows: 1. That the preliminary report submitted by John G. Flora, Public Works Director, is hereby received and accepted. 2. That the City Clerk shall act to ascertain the name and address of the owner of each parcel of land directly affected or within the area of lands as may be proposed to be assessed for said improvements, and calculate estimates of assessments as may be proposed relative thereto against each of said lands. 3. That the area proposed to be assessed for said improvements and each of them as noted in said notice are all the lands and areas as noted in said notice: All of the same to be assessed proportionately according to the benefits received. 4. That the estimates of assessments of the Clerk shall be available for inspection to the owner of.any parcel of land as may be affected thereby at any public hearing held relative thereto, as well as at any prior time reasonable and convenient. 5. That the City Clerk is authorized and directed to give notice thereof in the official newspaper of the City of Fridley and by mailed notice to all the property owners whose property is liable to be assessed with the making of these improvements according to law, such notice to be substantially in the form and substance of the notice attached hereto as Exhibit "A". 6. That this Council meet on the lOth day of November, 1997, at 7:30 p.m. at the Fridley Municipal Center Council Chambers at 12.01 Resolution No. Page 2 6431 University Ave., N.E., Fridley, MN, for the purpose of holding a public hearing on the improvement noted in the Notice attached hereto and made a part thereof by reference, Exhibit nAn. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 27TH DAY OF OCTOBER, 1997. NANCY J. JORGENSON - MAYOR ATTESTED: WILLIAM A. CHAMPA - CITY CLERK 12.02 CITY OF FRIDL$Y (E%HIBIT A) NOTICi3 OF H}3ARING ON IMPROVEMENTS STORM SEWi3R PROJECT NO. 309 WHEREAS, the City Council of the City of Fridley, Anoka County, Minnesota, has deemed it expedient to receive evidence pertaining to the improvements hereinafter described. NOW, THEREFORE, NOTICE IS HEREBY GIVEN THAT on the lOth day of November, 1997, at 7:30 p.m. the City Council will meet at the Fridley Municipal Center Council Chambers, 6431 University Ave., N.E., Fridley, MN, and will at said time and place hear all parties interested in said.improvements in whole or in part. The general nature of the improvements is the construction (in the lands and streets noted below) of the following improvements, to-wit: CONSTRUCTION ITEM Creek bank stabilization improvements, including grading, storm sewer system, and other facilities located as follows: RICE CREEK BETWEEN 477 AND 601 RICE CREEK TERRACE All of the land abutting upon said creek named above and all lands within, adjacent and abutting thereto. All of said land to be assessed proportionately according to the benefits received by such improvement. Published: Fridley Focus October 30, 1997 November 6, 1997 12.03 TOS FROM: DATE: C I T Y O F F R I D L$ Y M$ M O R A N D II M WILLIAM W. BQRNB, RICHARD D. PRIBYL, WILLIAM A. CHAMPA, OCTOBER 23� 1997 CITY MANAGER ,/��y��" f�� FINANCE DIRECTOR CITY CLERR SIIBJECT: TA8 FORFBIT PROPERTIES We have received notice from Gene Rafferty, Anoka County Land Commissioner, that three parcels of land will become tax forfeit. The County requests the City's response to the sale by November 7, 1997. Attached are the following materi�ls: 1. Maps illustrating locations of the forfeited properties 2. List of tax forfeit properties in Fridley 3. Parcel classification and appraisal forms 4. Verifications of relating specials assessments. The Anoka County Land Commissioner has established a County-wide numbering system for tax forfeit properties. Those located in Fridley are 3, 36 and 37. We recommend selling all three properties. No. 3- Should be sold. No. 36 - Should be sold. No. 37 - Should be sold. In compiling this information, we solicited input from Assessing (Ed Hervin and Mary Smith), Community Development, Public Works - Engineering (John Flora and Jon Haukaas) and Recreation (Jack Kirk) . We recommend that the City Council approve the above mentioned action on these three properties at the October 27, 1997 Council meeting so that we may respond to the County by the November 7, 1997 deadline. Attachments 13.01 REPORT: FORFTCRPT GENERATEO: 7 APR 97 15:36 RUN: CLASSIFICATION APPRAISED SUBDIVISION SEC/LOT TWP/BLOCK RANGE VALUE OF LAND INNSBRUCK.NO T H PLAT 6 ------------------------------ 36. 24 30 24 44 0296 KEY 809833 LOT 4 B�OCK 18 INNSBRUCK NORTH TOWNHOUSES PLAT 6 SUBJ TO EASE OF REC 37. 24 30 24 44 0297 KEY 809842 LOT 5 BLOCK 18 INNSBRUCK NORTH TOWNHOUSES PLAT 6 . SUBJ TO EASE OF REC 4 18 S 18 State of Minnesota County of Anoka State of Minnesota The f.oregoing classification of lands above described lying within the boundaries of the CITY OF FRIOLEY in said County and State is hereby approved. Dated � � 19 Attest: [CLERK] PAGE 1 13.02 The CITY COUNCIL of the CITY OF FRIDLEY BY CMAYORI REPORT: FORFTGRPT GENERATED: 7 APR 97 15:36 RUN: CLASSIFICATION APPRAISED SUBDIVISION SEC/LOT� TWP/BLOCK RANGE YALUE OF LANO AUD SUB NO 089• ------------------------------ 3. 12 30 24 31 0011 KEY 461967 LOT 4 AUO SUB NO 89, EX E 120 4 FT THEREOF, A�SO EX W 270 FT THEREOF. EX R0. SUBJ TO EASE OF REC State of Minnesota County of Anoka State of Minnesota The foregoing classification of lands above described lying within the boundaries of the CITY OF FRIDLEY in said County and State is hereby approved. Dated . 19 Attest: [CLERKJ PAGE 2 13.03 The CITY COUNCIL of the CI?Y OF FRIDLEY BY [MAYOR] � � U�� 22 � -o � No. 3� No. 37 �.��. � 694 � Tax Forfeit Property No. 36 - 243024440296 No. 37 - 243024440297 13.04 � � �� ► � � . � `"� � ;. PARCEL PIN# 24-30-24-44-296 Please complete the following infornaation by answering all applicable questions. 1. Is this parcel buildable or unbuildable. Unbuildable 2. 3. 4. 5. 6. 7. 8. 9. a) Has your city/township adopted a local ordinance governing minimum area, shape, frontage or access? Yes (If yes, answer ib; if no, proceed to question 5.). b) Does this parcel comply with your local ordinances regarding minimum area, shape frontage or access and, because of this, can be improved? If it does not comply, please list reasons(s) for non compliance. No. l. Lack of street frontage/access. 2. Does not meet minimum lot area. Do you recommend combining this parcel with an abutting forfeit parcel (if there is one)? Yes If your answer to #2 is yes, indicate which parcel on the list. 0297 Do you recommend selling this parcel to the abutting landowner? Yes What is the current zoning of the forfeit parcel? R-3, General Multiple Family Are there any buildings on the parcel? If so, what type, and what is their present condition? No Do you have an appraised value on the parcel? If so, what is it? $600.00 Does the City or township want an easement over the parcel? No. Any other information you feel would be helpful. 10. Name and title of person who completed this questionnaire. Compiled by William A. Champa, City Clerk, with assistance from City Assessor, Engineering and Community Development Departments. Thank you for providing the information. Please return to: Gene Rafferty, Land Commissioner Anoka County Government Center 2100 3rd Avenue Anoka, MN 55303 323-5427 13.05 VERIFICATION OF SPECIAL ASSESSMENTS CITY OF FRIDLEY PARCEL PINS# 24 30 24 44 296 DATE OF FORFEITURE: 05/15/97 Before Forfeiture Amount - 0 After Forfeiture Amount - 0 Special Assessments Not Previously Certified - 0 Watershed District - Rice Creek We ask that you enter the amount of special assessments by category on the captioned parcel. If there are none, please enter a zero. If you need to verify the amounts, please contact the Special Assessments Clerk at 323-5434 in the Property Records and Taxation Division. If your municipality or township has not previously certified special assessments on a forfeit property, you should now certify them to the PROPERTY RECORDS AND TAXATION DIVISION, and enter them on the line, "Special Assessments Not Previously Certified". Improvements before forfeiture should include principal and interest up to the date of forfeiture and all deferred installments of principal. Improvements after forfeiture should include ONLY THE TOTAL PRINCIPAL AMOUNT. MS 282.01, Subd. 3 requires improvements made after forfeiture to be considered by the County Board in setting the appraised value for sale purposes. The apportionment of proceeds after sale is done in accordance with MS 282.08. Clerk of Township, Municipality or Watershed District (Seal) October 27, 1997 13.06 � ,; ; pARCEL PIN# 24-30-24-44-297 Please complete the following information by answering all applicable questions. 1. Is this parcel buildable or unbuildable. Unbuildable a) Has your city/township adopted a local ordinance governing minimum area, shape, frontage or access? Yes (If yes, answer ib; if no, proceed to question 5.). b) Does this parcel comply with your local ordinances regarding minimum area, shape frontage or access and, because of this, can be improved? If it does not comply, please list reasons(s) for non compliance. No. 1. Lack of street frontage/access. 2. Does not meet minimum lot area. 2. Do you recommend combining this parcel with an abutting forfeit parcel (if there is one)? Yes 3. If your answer to #2 is yes, indicate which parcel on the list. 0296 4. Do you recommend selling this parcel to the abutting landowner? Yes 5. What is the current zoning of the forfeit parcel? R-3, General Multiple Family 6. Are there any buildings on the parcel? If so, what type, and what is their present condition? No 7. Do you have an appraised value on the parcel? If so, what is it? $600.00 8. Does the City or township want an easement over the parcel? No. 9. Any other information you feel would be helpful. 10. Name and title of person who completed this questionnaire. Compiled by William A. Champa, City Clerk, with assistance from City Assessor, Engineering and Community Development Departments. Thank you for providing the information. Please return to: Gene Rafferty, Land Commissioner Anoka County Government Center 2100 3rd Avenue Anoka, MN 55303 323-5427 13.07 VERIFICATION OF SPECIAL ASSESSMENTS ' CITY OF FRIDLEY PARCEL PINS# 24 30 24 44 297 DATE OF FORFEITURE: 05/15/97 Before Forfeiture Amount - 0 After Forfeiture Amount - 0 Special Assessments Not Previously Certified - 0 Watershed District - Rice Creek We ask that you enter the amount of special assessments by category on the captioned parcel. If there are none, please enter a zero. If you need to verify the amounts, please contact the Special Assessments Clerk at 323-5434 in the Property Records and Taxation Division. If your municipality or township has not previously certified special assessments on a forfeit property, you should now certify them to the PROPERTY RECORDS AND TAXATION DIVISION, and enter them on the line, "Special Assessments Not Previously Certified". Improvements before forfeiture should include principal and interest up to the date of forfeiture and all deferred installments of principal. Improvements after forfeiture should include ONLY THE TOTAL PRINCIPAL AMOUNT. MS 282.01, Subd. 3 requires improvements made after forfeiture to be considered by the County Board in setting the appraised value for sale purposes. The apportionment of proceeds after sale is done in accordance with MS 282.08. Clerk of Township, Municipality or Watershed District (Seal) October 27, 1997 13.08 � � � � � I � 'iM� i TJ AVE !E n�� M1 n�� k Tax Forfeit Properly No. 3 -123024310011 ! 13.09 V 1 I ■��' F i�; , �� i '� � l � ,�, �( � i � n�� -: ; - _ ;�`� : - . . ��- �.. y�zc 3'i�, - �':� . ! ��.�T x�`4F� . -�� - Z -�Y � " ' _ ..z"�-Y� .- ` _'� � ' `�� _ �� Y`' T�� i - - :C•r: - r i` :� 4�' > .�: ,.�� _� . . � � - : �.i+ �i. :Y ...}i._ �' _ e1- _ . �_ a ��- _ { � � :i� . . .�_:?_ � .� �. -.� ''-._�-t. .. . . :�:� � -.- . � .. - ._�-T�-_. . . . � �4 _ .- E'��-- W �Y� -_ WZ ` � ��r � . - � .. -- v'5:,: � .... . ___s�x �.�;. _= :�� N A PARCEL PIN# 12-30-24-31-0011 Please complete the following information by answering all applicable questions. 1. Is this parcel buildable or unbuildable. Unbuildable a) Has your city/township adopted a local ordinance governing minimum area, shape, frontage or access? Yes (If yes, answer 1b; if no, proceed to question 5.). b) Does this parcel comply with your local ordinances regarding minimum area, shape frontage or access and, because of this, can be improved? If it does not comply, please list reasons(s) for non compliance. No. 1. Lack of street frontage/access. 2. Does not meet minimum lot area. 2. Do you recommend combining this parcel with an abutting forfeit parcel (if there is one)? 3. If your answer to #2 is yes, indicate which parcel on the list. 4. Do you recommend selling this parcel to the abutting landowner? Yes 5. What is the current zoning of the forfeit parcel? R-3, General Multiple Family 6. Are there any buildings on the parcel? If so, what type, and what is their present condition? No 7. Do you have an appraised value on the parcel? If so, what is it? $100.00 8. Does the City or township want an easement over the parcel? No. 9. Any other information you feel would be helpful. 10. Name and title of person who completed this questionnaire. Compiled by William A. Champa, City Clerk, with assistance from City Assessor, Engineering and Community Development Departments. Thank you for providing the information. Please return to: Gene Rafferty, Land Commissioner Anoka County Government Center 2100 3rd Avenue Anoka, MN 55303 323-5427 13.10 VERIFICATION OF SPECIAL ASSESSMENTS CITY OF FRIDLEY PARCEL PINS# 12 30 24 31 0011 DATE OF FORFEITURE: 05/15/97 Before Forfeiture Amount - 0 After Forfeiture Amount - 0 Special Assessments Not Previously Certified - 0 Watershed District - Rice Creek We ask that you enter the amount of special assessments by category on the captioned parcel. If there are none, please enter a zero. If you need to verify the amounts, please contact the Special Assessments Clerk at 323-5434 in the Property Records and Taxation Division. If your municipality or township has not previously certified special assessments on a forfeit property, you should now certify them to the PROPERTY RECORDS AND TAXATION DIVISION, and enter them on the line, "Special Assessments Not Previously Certified". Improvements before forfeiture should include principal and interest up to the date of forfeiture and all deferred installments of principal. Improvements after forfeiture should include ONLY THE TOTAL PRINCIPAL AMOUNT. MS 282.01, Subd. 3 requires improvements made after forfeiture to be considered by the County Board in setting the appraised value for sale purposes. The apportionment of proceeds after sale is done in accordance with MS 282.08. Clerk of Township, Municipality or Watershed District (Seal) October 27, 1997 13.11 � TO: WILLIAM W. BURNS, CITY MANAGER � FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR SUSAN LEMIEUX, ASSISTANT FINANCE DIRECTOR SUBJECT: CERTIFICATION OF DRIVEWAY IMPROVEMENT ASSESSMENTS DATE: October 23,1997 Attached is a resolution for the purpose of certifying driveway improvement assessments to the County for collection with the taxes beginning in the year 1998. The property owners listed have agreed to have the cost (plus 5% administrative charge) of paving their driveways assessed against their properties. These assessments will be spread over a period of five years at an interest rate of seven (7) percent. RDP/me Attachment 14.01 RESOLUTION NO. - 1997 RESOLUTION ADOPTING ASSESSMENTS FOR DRIVEWAY IMPROVEMENTS TO THE COUNTY AUDITOR FOR COLLECTION WITH THE 1998 TAXES WHEREAS, Chapter 110.02.1of the City Code requires that all driveways be paved and WHEREAS, Chapter 429 of Minnesota State Statutes allows the cost of these improvements to be assessed against such properties, and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FRIDLEY, MINNESOTA: Such assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. Such assessment shall be payable in equal annual installments extending over a period of five 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 7 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1998. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 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 treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the city treasurer 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 next succeeding year. The clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid . over in the same manner as other municipal taxes. 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 14,.02 Exhibit A Driveway Improvement Assessments Name Shiela McManus Pat O'Loughlin Paul Wilson Gary Nelson Paul and Dian Beau TOTALS � 23-30-24-22-0028 14-30-24-41-0115 23-30-24-42-0014 03-30-24-32-0038 23-30-24-23-0132 Driveways.xis ITrCi�� 6015 2 1 /2 St. 772 Mississippi St. 635 57th Ave. 524 Dover St. 7361-63 University Ave. 14.03 $ $ $ $ $ Total Cost 943.80 3,495.03 6,044.00 1,102.20 1,502.50 5"/o Adm Total Assessment $ 47.19 $ 174.75 $ 302.20 $ 55.11 $ 75.13 $ 990.99 $ 3,669.78 $ 6,346.20 $ 1,157.31 $ 1,577.63 $ 13,741.91 �� TO: WILLIAM W. BURNS, CITY MANAGER � FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR SUSAN LEMIEUX, ASSISTANT FINANCE DIRECTOR JUDY MELHAM, UTILITY BILLING CLERK SUBJECT: CERTIFICATION OF DELINQUENT UTILITY SERVICES DATE: October 17,1997 Attached is a resolution for the purpose of certifying delinquent utility accounts to the County for collection with the ta}ces in the yeaz 1998. All property owners have been notified that the utility bills are being certified to the County and have been given adequate opportunity to pay the bill. The penalty shown on this resolution is in addition to the regular penalties that accrue on the utility bills. Due to the economy and other factors outside of the City's control, the number and dollar value of accounts has increased over last yeaz; however, we cannot be sure of the final count or dollar value until mid-November since property owners have 30 days after the adoption of the resolution to pay without penalty. RDP/me Attachment 15.01 RESOLUTION NO. -1997 A RESOLUTION CERTIFYING CERTAIN DELINQUENT UTILITY SERVICES TO THE COUNTY AUDITOR FOR COLLECTION WITH THE 1998 TAXES WHEREAS, certain utility services for the City of Fridley are delinquent in payment, and WHEREAS, Chapter 402, Water and Sewer Administration, Chapter 113, Solid Waste Disposal and Recycling Collection, Chapter 216, Storm Water Drainage Utility, and Secrion 1.02 of the City Charter provides for the certifying of delinquent charges to the County Auditor for collecrion with the taxes, and NOW, THEREFORE BE IT RESOLVED, that the City Clerk is hereby authorized and d'uected to certify the following chazges to the County Auditor for collecrion with the 1997 taxes due and payable in the year 1998, to wit: All these noted in Exhibit "A" attached hereto and made a part hereof by reference. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF OCTOBER, 1997. ATTEST: WILLIAM A. CHAMPA - CITY CLERK NANCY J. 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O O O O O (O� O O O O tiP��Of�COPOO��QVPif�P00� 00.-��.-�NNNNNNNNMMP N N N N N N N N N N N N N N N N N N N ��N��N��N�� N � � N � N � N �.p Npp � N � N N � � � �OIA�O�t00V1�OtA�O.p�O.NP�NAV�1�f�� MIA f��N Mp.�t1pA.p titin��f��I�t�1�Ca0Pa�00�OPa�OPa�OP IOOOOM�NOO��N�Of�f��ONO O MN�1M.f NNN PPPMMO t�i0�� 00.-OOe-�0000.-.-00000 O O O O O O O O O O O O O O O O O O I��"'N'-� ��N NNNNNN�!-'-� Z J .t .! .! .! .t .t J �t .f �! �t d d �t �f �t 1 a N N N N N N N N N N N N N N N N N N IO O O O O O O O O O O O O O O O O O MMMMMMMMMMMMMMMM�� 11 I 00.-.-�MM�f��.-N.-�- • e-r-.-.-�� O �r-�� N v •M � M � � S •M N � � M �f •M P � N d J � a � O H J J 1-- asz Z 0 � � F-U � # # OC O a W K � O G 2 W i # # � W c7 a a RESOLUTION # - 1997 A RESOLUTION AUTHORIZING CHANGES IN APPROPRIATIONS FOR THE GENERAL FUND AND THE CAPITAL IMPROVEMENT FUND FOR THE THIRD QUARTER OF 1997. WHEREAS, the City of Fridley has involved itself in initiatives that p�ovide for future charges and modifications that will allow for a better delivery of service, and WHEREAS, the City of Fridley had not incorporated these and other necessary changes into the adopted budget for 1997. NOW, THEREFORE, BE IT RESOLVED that the General Fund and Capital Improvement Fund budgets for the following divisions be amended as follows: REVENUE ADJUSTMENTS Donation - Karl Schurr Donation - Fridley CAER Donation - Fridley Lions Donation - Rice Creek Townhouse FEMA Disaster Aid FEMA Disaster Aid Donation - Fridley Lions Donation - Fridley Lions Donation - American Legion Donation - American Legion Donation - Knights of Columbus Donation - WAABI Donation - Medronic Grant from State of Minnesota ' Total Revenue Adjustments APPROPRIATION ADJUSTMENTS Fire Police Municipal Center GENERAL FUND 15,000 Caims Iris Thermal Imaging System 4,450 Caims Iris Thermal Imaging System 5,000 Caims Iris Thermal Imaging System 500 Police Picnic 11,495 1997 Flood 45,174 1997 Flood 1,000 49er Days 5,500 49er Days 500 49erDays 200 49erDays 200 49erDays 500 49er Days � 5,000 Caims Iris Thermal Imaging System 7,436 Springbrook Nature Center position 101,955 Capital Outlay 15,000 Karl Schurr donation for Caims Iris System Capital Outlay 4,450 Fridley CAER - Caims Iris System Capital Outlay 5,000 Lions donation for Caims Iris System Capital Outlay 5,000 Medronic donation for Caims Iris System Supplies/Charges 500 Rice Creek Townhouse donation for picnic Personal Services 11,495 FEMA disaster aid for 1997 flood Supplies/Charges 5,811 Repair air conditioning unit Supplies/Charges 506 Reloaded the phone system software Capital Outlay 5,416 Repair air conditioning unit 16.02 Park Maintenance Personal Services 5,452 FEMA disaster aid for 1997 flood Street Maintenance Recreation Personal Services Supplies/Charges Supplies/Charges Supplies/Charges Supplies/Charges Supplies/Charges Supplies/Charges Supplies/Charges 14,657 FEMA disaster aid for 1997 flood 25,065 FEMA disaster aid for 1997 flood 1,000 Lions donation for'49er Days 5,500 Lions donation for'49er Days 500 American Legion donation for'49er Days 200 American Legion donation for'49er Days 200 Knights of Columbus for'49er Days 500 WAABI donation for'49er Days Naturalist Personal Services 7,436 Springbrook Nature Center position Community Development Supplies/Charges 1,375 Gravel Driveway Expenses 300 Gravel Driveway Expenses Total Appropriation Adjustments 115,363 Emergency Reserve (11,22� Repair air conditioning unit (1,375) Gravel Driveway Expenses (300) Gravel Driveway Expenses 506 Reloaded the phone system software Total Emergency Reserve REVENUE ADJUSTMENTS 1( 3,408) CAPITAL IMPROVEMENT FUND Donation - Karen Ross-Brown 1,300 Hackmann Park playground equipment Contribution - Brooklyn Center 11,000 Fire Training Tower Contribution - S.L.P., Blaine, Mounds View 45,000 Fire Training Tower Total Revenue Adjustments APPROPRIATION ADJUSTMENTS 57,300 Capital Outlay 1,300 Ross-Brown - Hackmann playgroud equip Capital Outlay 11,000 Fire Training Tower Capital Outlay 45,000 Fire Training Tower Total Appropriation Adjustments 57,300 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS TH DAY OF , 1997. NANCY J. JORGENSON — MAYOR ATTEST: WILLIAM A. CHAMPA — CITY CLERK 6.Q3 10-'16/97 11:25 �'612 490 1580 HOLSTAD&LARSON i�j002/005 Wayne B. Holstad Russell L.C. Larson John L. Lindell Kacen Hill Fjeld t i Reai Property Law 5pecialist October 16, 1997 HOLSTAD AND LARSON, P L.C. Attorneys at Law 3535 Vadnais Center Drive, Suite 130 5t. Paul, Minnesota 55110 Telephone: (612) 490-9078 Facsimile: (612) 490-1580 Dr. William Bums City Manager, City of Fridfey Fridley Municipal Center 6431 University Avenue N.E. Fridley, MN 55432 RE: Warden Oil Hazardous Site Issue Dear Dr. Bums: Of Counsel Frederic W. Knaak* * Also Licensed in Wisconsin 8c Colorado As you know, over the past several months, I have been monitoring events and progress in the matter of the investigation by the Minnesota Pollution Control Agency of the Warden Oil hazardous waste site in Minneapolis. The City Qf Fridley had, for many years, contracted with Warden Oil to remo�e it`s used oil from the city garages for its vehicles and maintenance. After purchasing the oil from the City, Warden evidently combined the used oil with other used oil purchased from other businesses and entities and re-refined it at its plant site. It is at that site where the poHution allegedly occurred. Because the City was identified in Warden Oil records as one of the sources of its oil supply for its re-refining process, the City has been placed on the list of the Minnesota Pollution Control Agency of''potentia/ responsible parties" (known as PRPs). It is very important to note here that inclusion on the PRP list is a very preliminary matter in such an investigation and is not a finding, preliminary or otherwise, of liability on the part of the City. Inclusion on such is list, though, is hardly an honor and, in many cases is a likely source of those parties ultimately found to be "responsible" within the meaning of the Superfund laws. Superfund site cleanup disputes are a notoriously complex and expensive litigation area. Generally speaking, the various parties fend for themselves against each other and ultimately, the State, to determine individual and collective liability. Victories limiting liability to a set, small percentage of a total award are pyrrhic in the face of potential joint and several liability. Site cleanups tend to be very expensive. In a world where jobbers and 5mall businesses involved in hazardous material pickup are regularly insolvent, it is the larger business entities that were the original source of the materials that ean get "stuck" with shouldering costs of cleanup far in excess of any value of the original materials.. 17.01 11:25 $612 490 1580 HOLSTAD&LARSON I�003/005 Dr. William Burns October 16, 1997 Page Two In the case of the Warden Oil site, the Fridley materials represent significantly less than one percent of the total material believed to be at the site. It is identified as the fourteenth largest known product source on the list. Other entities identified are the Soo Line Railroad, 3M, Honeywell, some car dealerships and sundry other enterprises. Soo Line was, by far, the largest source identified in the �Warden Oil records, providing some 15% of the identified product at the site. Unfortunately, though, many of the other PRPs listed were contract jobbers and small businesses that either are, or are likely to be, out of business. Vi/arden Oil itself is presently insofvent, but has already provided, as I understand it, substantial funds toward c(eanup of its site. In an innovative move for Minnesota Superfund cases, apparently initiated by.Soo Line with the acquiescence and cooperation of the MPCA, a number of the PRP's in this case began meeting to explore the possibility of taking .some early steps to limit potential, collecfive liability. It was expressly understood that nobody was admitting to any liabiiity whatsoeve� in engaging in those discussions, nor accepting any other kind �of responsibility. Several meetings of PRP representatives have been held. Fridley was invited on several occasions to PRP meetings, and I attended finro of them at the offices of Leonard, Street and Deinard, currently legal counsel for Soo Lirie (now Canadian Pacific). Among the issues discussed were the collective measures that might be . taken to influence the final MPCA determination in this matter, as weil as collecting data for the purpose of countering some of the assumptions apparently being made by the MPCA about the site. It would appear, in preliminary engineering assessments of the site, for example, that significant off-site sources for a number of th� pollutants identified by the MPCA may exist, lessening the probability that the pollution source was the Warden Oil site itse(f. This woyld result in a significant reduction in overall liability. Moreover, many of the cleanup efforts already undertaken at the site may have substantially limited any further liabilities for soil corrections and similar mitigation efforts that might ultimately have been required here. In other words, the colle�ction of additional data and information could well have the effect of significantly limiting the collective potential iiability of the PRPs if the action were to proceed furth�r. Since the City's position throughout this case has been one of adamant denial of any liability, potential or otherwise, I have not recommended formal participation in any formal grouping of PRPs to date. This has avoided any public inference of concern by the City of its legal (iability, as welf as any concerns such participation may ra�ise in non-legal arenas. 17.�2 10/16/97 11:26 '8`612 490 1580 HOLSTAD&LARSON �C�004/005 Dr. William Bums October 16, 1997 Page Three What has now been put together, though, and what I am forwarding for the City's consideration, is a limited PRP agreement designed to focus resources on a potentially very beneficial study to be done of the site by an environmental engineering group with the intent of providing the positive data and information mentioned ear�ier. The resulting data, which participation woufd make immediately available to the City, could have not only the effect of mitigating the initial cleanup liability, but could subsequently serve the City as a very cost-effective base study for any defense of its own individual liability, if that were to become necessary in this pEOCess. At this point, since membership in the limited PRP group has not been established, it is unclear what the City's cost would be for participating in the study, but l would not, at this point, expect it to exceed a few hundred dollars. I will, of course, provide a more precise number as soon, as it becomes available to me. It is also possible that if this limited PRP group works effectively in accomplishing this effort, it could serve as the basis of additional PRP cooperation in this matter in the future. It is too early to say, as yet, whether Fridley's participation in future efforts is a good idea or should be promised to other PRPs. In order for Fridley to participate, a resolution authorizing participation would be required of the City CounciL On a related issue, staff has been providing the Minnesota Pollution Control Agency with all of the demanded discovery the City is cequired to provide as part of an investigation in this kind of case. It is not yet clear whether the League of Cities insurance coverage would ultimately cover any potential liability of this sort. Current League policies, as weli as standard policies of other mun+cipal insurance providers, expressly exclude coverage for pollution and environmental hazards. Since, howeve�, most of the maferials that allegedly were transported from Fridley to the Warden Oil site arrived well before current policy language was in efifect, an interesting question remains as to wfiether prio� policy coverages may have included possible liability for environmental hazards. I would expect the League to deny �any coverage at this point. It would be my advice, however, to advise them of this _potential claim and permit them the opportunity to participate on behalf of the City in these mitigation efforts. At least initially, it should be the posture of the City that this is possible liability, now being acknowledged, that is covered by policies in force. 17.03 10/16/97 11:27 �8`612 490 1580 Dr. Wiiliam Burns October 16, 1997 Page Four HOLSTAD&LARSON C� 005l005 I expect to be out of town tomorrow with my family. I wil! be back, however, on Monday. Feel free, as always, to field to me any question you or the Council may have regarding this matter. Sincerely, � / � , y Frederic W. naak Fridley City Attorney 17.04 � � ; DRAFT percent as total Warden Oil Site Potential Responsibie Party Totals gailons of gailons identified 1 Soo Milwaukee RR 893625 15.250726292 2 Milo Edel 742236 12.667100943 3 John Nyhlen 471515 8.046939385 4 Larry Schaff 300500 5.128374039 5 Albrecht Oil 286154 4.883543244 6 Northwest Airlines 229147 3.910653997 7 Bert's Drain Oil Service 201228 3.434184530 8 Honeywell 140280 2.394037638 9 Rollins Oil Co. Inc. 74500 1.271427174 10 MN Rubber 58275 0.994529109 11 C.S. McCrossan 49950 0.852453522 12 Gopher Oil Co: 48Q89 0.820693442 13 T.J.'s Drain Oil Services 44300 0.756029850 14 Product Design 8� Engineering _ 43675 0.745363515 15 Super Value 42915 0.732393251 16 City of Fridley 38650 0.659606178 17 Chicago Northwestern RR 38430 0.655851628 18 Ziegler 38225 0.652353070 19 Brookdale Pontiac 37725 0.643820002 20 Waste Oil Services 31200 0.532463461 21 Plastic Inc. 29625 0.505584296 22 Gateway Foods 28350 0.483824972 23 Stan Koch 8� Son's 27900 0.476145210 24 Graco Inc. 25060 0.427677382 25 Doty 8� Son's 23325 0.398067635 26 Minnegasco 23110 0.394398416 27 Courier Mail and Dispatch 22875 0.390387874 28 Smith Bros. 21600 0.368628550 29 N.W. Swissmatic 20550 0.350709107 30 3M 20375 0.347722533 31 Metro Waste Control 19480 0.332448340 32 Humboldt Service Unocai 76 Roy's Union 76 19100 0.325963208 33 Duke's Amoco 18600 0.317430140 34 T.C.R. Corp. 18575 0.317003487 35 Hiawatha Rubber 18300 0.312310299 36 Mapiewood Toyota 2873 Highway 61, Maplewood 17750 0.302923924 37 Arlen Lindquist 17175 0.293110896 38 Doc's Auto 16430 0.280396624 39 Paul Williams Tire 16410 0.280055301 40 City of Mpis. 16160 0.275788767 41 Griggs Construction 16055 0.273996823 42 Summit Gear 15700 0.267938344 43 McGill 8� Jensen 14685 0.250616216 Total Gallons for PRP's 1- 41 4277809 Total Gailons identified 5859557 Total 1- 41 as percent of totai ailons identified 73.0056726 age RESOLUTION N0. - 1997 A RESOLUTION AUTHORIZING THE CITY OF FRIDLEY TO PARTICIPATE IN THE WARDEN OIL SITE INTERIM FUNDING AGREEMENT WHEREAS, the Minnesota Pollution Control Agency is investigating alleged pollution of the Warden Oil hazardous waste site in Minneapolis; and WHEREAS, the City of Fridley has fully cooperated with the investigation of the Minnesota Pollution Control Agency while denying any responsibility for the alleged pollution; and WHEREAS, none the less, the City of Fridley has been placed on a list of ��poteatial responsible parties" by the Minnesota Pollution Control Agency; and WHEREAS, a number of the "potential responsible parties" are entering into an agreement to carry out an independent study of the site in question and to respond on a joint and cooperative basis to issues relating to the site; and WHEREAS, entering into the above mentioned agreement and participating in any joint effort is in no way to be construed as an admission of liability by the City of Fridley with respect to the site in question; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY that the Mayor and City Manager are authorized to enter into the attached WARDEN OIL SITE INTERIM FUNDING AGREEMENT. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS - DAY OF , 1997 ATTEST: WILLIAM A. CHAMPA, CITY CLERK 17.06 NANCY J. JORGENSON - MAYOR WARDEN OIL SITE INTERIM FUNDING AGREEMENT This agreement is made the _ day of , 1997, by and among the parties ("Participants") whose authorized representatives have executed this agreement. WHEREAS, the Minnesota Pollution Control Agency ("MPCA") has conducted certain activities at the Warden Oil Site ("Site"), located at 187 Humboldt Avenue North, Minneapolis, Minnesota, under the authority of the Minnesota Environmental Response and Liability Act ("MERLA"), Minn. Stat. § 115B.01 et seq. WHEREAS, the MPCA alleges that the undersigned Participants to this agreement and certain other persons are responsible persons ("RPs") under MERLA for the release of hazardous subs%�ances, pollutants and/or contaminants at the Site; WHEREAS, the Participants believe that it is in their joint interest to determine the approximate range of costs associated with remediation of the Site to appropriate cleanup levels; WHEREAS, the Participants may desire to undertake response action for the Site and believe that certain cost savings may be realized in responding on a joint and cooperative basis to issues relating to the Site; WHEREAS, pursuant to these interests, the Participants desire to organize a Warden Oil Site Group and establish an organizational structure; WHEREAS, the Participants seek to allocate expenses which the Warden Oil Site Group may incur from time to time, without establishing any precedent as to an allocation method for any possible partial or full settlement; and 1562937.03 1 17.07 WHEREAS, the Participants agree that participation in any joint effort, including but not limited to, contributing to the funding of Warden Oil Site Group activities, is in no way to be construed as an admission of liability by any of the Participants, and that the Participants expressly do not admit any liability or obligation with respect to the Site. NOW, THEREFORE, in consideration of the foregoing and the mutual promises and commitments set forth herein, THE PARTICIPANTS AGREE AS FOLLOWS: 1. FORMATION AND PURPOSE 1.1. Warden Oil Site Group. The Participants hereby organize and constitute themselves as the Warden Oil Site Group ("Group"). Each Participant whose authorized representative has executed this agreement is a member of the Group. •y 1.2. Purpose. The purpose of this agreement is to: a) provide a means for the Participants to jointly conduct activities needed to establish the approximate range of costs for remediation of the Site to appropriate cleanup levels; b) to establish a mechanism to determine whether the Group will undertake additional activities related to the Site; c) to provide a structure to govern any activities that the Group undertakes in furtherance of the joint interests of the Participants; and d) to establish an interim mechanism for allocating and paying the costs associated with the above activities. 2. ORGANIZATIONAL STRUCTURE 2.1 Steering Committee. To carry out the purposes of this agreement, the Participants hereby establish a Steering Committee. Membership on the Steering Committee shall be open to any Participant who agrees to make one or more representatives reasonably 1562937.03 2 17.08 available to participate actively in Steering Committee functions. The Steering Committee will elect a Chair who shall also serve as Chair ("Chair") of the Group. The Chair will maintain a current list of Participants who are members of the Steering Committee. If a Participant wishes to be a member of the Steering Committee, the Participant shall notify the Group in writing and membership shall be effective upon receipt of such notification. All Participant representatives, including the Chair, shall serve on the Steering Committee as volunteers, without compensation from the Group. 2.2 Steering Committee Functions. The Steering Committee is authorized to: (a) select and retain consultant(s) and contractor(s); (b) collect payments from the Participants and disburse payments to implement this agreement, including without limitation, payments to techn�cal consultants; (c) communicate with the Minnesota Pollution Control Agency ("MPCA") and any alleged RP on behalf of the Group; (d) conduct votes of the Group where required by this Agreement; and (e) otherwise coordinate the Group's efforts pursuant to this agreement. 2.3 Notice of Steering Committee Meeting�. Whenever feasible, written notice of the time, place, and purpose of any meeting of the Steering Committee shall be given by the Chair to Participants at least twenty-four (24) hours in advance of the meeting by facsimile and U.S. mail. All Steering Committee meetings shall be open to all Participants, even if the Participant is not a Member of the Steering Committee. Steering Committee meetings may be held by telephone conference call. 2.4 Other Committees. A Technical Committee, an Allocation Committee, and a Litigation Committee may be added at a later date, without amendment to this agreement, I 562937.03 3 17.09 if determined necessary by the Steering Committee. Membership on these Committees shall be open to any Participant who expresses a willingness to make one or more representatives reasonably available to participate actively in Committee functions and who so notifies the Chair in writing. All Committee members shall serve as volunteers without compensation from the Group. The duties and authorities of these Committees, if formed, shall be defined by the Steering Committee, subject to approval by the Group. 3. QUORUM, GROUP MEETINGS AND DECISION MAKING 3.1 Definitions. For purposes of this agreement, the "Voting Power" of a Participant shall constitute that percentage which the Participant's financial contribution assessed, due and paid pursuant to this agreement bears to the financial contribution assessed, due and paid by all Participants under this agreement at the time of the vote. The "total Voting Power" means the combined Voting Power of all Participants at the time of the vote. 3•2 Ouorum. A majority of the total Voting Power shall constitute a quorum of the Group. A majority of the Participants who are members of the Steering Committee or any other committee shall constitute a quorum thereof. 3.3 roup Meetines_ Meetings of the Group may be called by the Chair, or by any three or more Participants, or by any combination of Participants constituting 25 percent or more of the total Voting Power. Notice of a meeting of the Group shall be given (by the Chair or by the other parties authorized by this section to call such a meeting) to all Participants at least seven (7) calendaz days in advance of the meeting. At such a meeting, the Group may, if authorized by a majority of the total Voting Power, direct the Steering Committee or other 1562937.03 4 17.10 . committee to take certain actions and may overrule any proposed action of said committees. The Steering Committee or other committee may refer any matter to a meeting of the Group. Meetings of the Group may be held by telephone conference call. 3.4 nP�;�;^n Makilig and Votin� In all meetings of the Group, the Steering Committee, or other committees, the Participants shall attempt to make decisions by consensus without vote. Except in those cases specified in this agreement as requiring a specified percentage of the Voting Power, all decisions which cannot be reached by consensus shall be decided by a majority of those Participants who are members of the Group or a committee and who are present and voting. 4. PAYMENTS 4.1 Shared Costs. Those activities authorized by the Group to be undertaken on behalf of the Group shall be funded by the Participants as Shared Costs. �' 4.2 Initial Interim pavment. Each Participant agrees to pay, as interim funding for Shared Costs authorized by this agreement, an amount equal to the Participant's alleged percentage of the total gallons that the MPCA alleges all Participants in the Group contributed to the Site, multiplied by $50,000, except that the minimum initial interim payment for participation in the Group shall be $500. The number of gallons allegedly attributable to each Participant for purposes of allocating this initial payment shall be the amount set forth on the MPCA's Draft Warden Oil Site Potential Responsible Party Totals Table (attached as Exhibit 1), except for NSP, which is not listed on the Table. For NSP, 100,000 gallons shall be used. The initial payment shall be made within 30 days after notice from the Steering Committee of the amount 1562937.03 17.11 5 owing and the initial payment shall be non-refundable. The initial interim payment shall be paid by check made payable to "Leonard, Street and Deinard Trust Account." The check shall reference the "Wazden Oil Site" and be sent to: Byron E. Starns, Esq. Leonard, Street and Deinard Minnesota World Trade Center, Suite 2200 30 East Seventh Street St. Paul, MN 55101 4.3 A.dditional Interim Pa,yments. After the initial payment, additional payments shall be required only if authorized by amendment to this agreement. 4.4 Trust Account. All monies paid by Participants pursuant to this agreement shall be used solely for the purposes authorized under this agreement and shall be placed in Leonazd, Street and Deinard's IOLTA trust account or an interest-bearing trust account. The Steering Committee must approve expenditures from the trust account. The Steering Committee shall also eiect a treasurer, who shall maintain an accounting of the trust account. 4.5 Accounting for Funds. Upon termination of this agreement, a final accounting will be made. Any monies remainiiig in the trust account established under paragraph 4.4 in excess of all costs incurred pursuant to this agreement will be refunded in proportion to each Participant's total contribution at the time of the final accounting. 4.6 Final Allocation Credit. If any or all Participants to this Agreement reach a settlement as to final allocation, each Participant to the settlement shall be credited against that Participant's final allocation share for all payments made under this agreement. 4.7 Limit of Expenditure. The Shared Costs shall not exceed the amount collected by the Group pursuant to Section 4.2 unless additional payments are authorized pursuant to Section 4.3. 1562937.03 6 17.12 5.0 TERM OF THE GROUP 5.1 rrou� Determination of Term. This Group shall be in existence until a majority of the total Voting Power deems it no longer necessary or worthwhile. 5.2 Vote In General. If the Steering Committee concludes that the Group is no longer necessary or worthwhile, it will conduct a vote at a meeting of the Group to determine whether the Group should continue to exist under the terms of this agreement. 5.3 Vote After Consultant Work. In any event, there shall be a vote at a meeting of the Group on whether the Group should continue to exist and conduct additional work after the consultant retained by the Group has presented its estimate of the range of approximate ~ costs of remediation of the Site to different cteanup levels. 5.4 Vote by Proxv. A Participant unable to attend a Group meeting conducted under this section may assign, in writing, its vote to another Participant. �1 6.0 WITHDRAWAL AND REMOVAL 6.1 Ri�ht of Withdrawal. Any Participant may withdraw from participation in this agreement upon written notice to the Chair. This withdrawal shall be effective the date the notice is received by the Chair. The withdrawing party shall receive no refund of any payment(s) already made under this agreement. The withdrawing party shall not be obligated to make any payments for costs incurred by the Group after the date of withdrawal. 6.2 Removal of a ParticiRant. If a Participant's interests or actions are in conflict with the purpose of this agreement, the Participant may be removed by a vote of at least two-thirds (2/3rds) of the total Voting Power at a meeting of the Group. Any Participant in default of making any payment due pursuant to this agreement may be removed by the Steering Committee. A Participant removed pursuant to this section shall receive a refund of any funds not expended or encumbered at the time of the removal, in an amount proportionate to the Participant's payment assessed and paid pursuant to this agreement. A Participant removed 1562937.03 7 17.13 pursuant to this section shall not be obligated to make any payments for costs incurred by the Group after the date of removal. 7.0 RELEASE AND SURVIVAL 7• 1 Release. No Participant with representative(s) serving on any Committee and no individual member of any Committee shall be liable to any Participant for any claim, liability, demand, expense, legal fee or loss incuned or resulting from any good-faith acts or omissions by any member of any Committee under this agreement. 7•2 Survival. The terms of this section shall survive the termination of this agreement. Withdrawal or removal of a Participant from this agreement, as set forth in Section 6, shall not terminate the Participant's obligations and protections under paragraph 7.1, which shall continue in full force and effect as if the Participant had not withdrawn or been removed from this agreement. ' 8. DENIAL OF LIABILITY This agreement shall not constitute, be interpreted, construed or used as evidence of any admission of liability, law or fact, a waiver of any right or defense, or any estoppel against any Participant by any other Participant or any other person not a Participant. The temporary allocation scheme and payments agreed to by the Participants aze solely for purposes of facilitating a response to the MPCA's request that a potentially responsible party group be formed and action taken to remediate the Site, and do not constitute or reflect any final or binding allocation of responsibility. However, nothing in this section is intended or should be construed to limit or bar the enforcement of any provision of this agreement against any party to this agreement. 9. TEMPORARY DELAY OF LITIGATION Each Participant agrees not to commence any litigation pertaining to the Site against any other Participant until the termination of this agreement or until the Participant withdraws or is 1562937.03 g 17.14 removed. Each Participant further agrees to toll all statutes of limitations during such time period. This pazagraph shall not be construed or interpreted as a release or covenant not to sue. All Participants reserve all rights, defenses or claims that such Participant may have regarding any person or party. 10. RIGHTS AGAINST THIRD PARTIES Nothing in this agreement shall affect in any way any right, claim, defense, interest or cause of action that any Participant may have with respect to any entity or person that is not a party to this agreement. 11. CONFIDENTIALITY 1 l.l Nondisclosure. No Participant shall disclose or permit to be disclosed any documents or information developed or obtained pursuant to this agreement (hereinafter "Shazed Information"), whether or not legally privileged or protected, to those who are not signatories to this'agreement, except to the extent disclosure is required by law, the documents or information disclosed are matters of public record or have been published, or the disclosure is expressly permitted by this agreement. The Participants agree that all documents and information disclosed or transmitted among them pursuant to this agreement are subject to the joint defense privilege to the extent the document or information is covered by the attorney-client privilege or work- product doctrine. Any Participant may share such documents and information with attorneys and experts or consultants engaged by that Participant, or with its insurers with respect to any claims for defense or indemnity when necessary, provided the Participant makes a good-faith effort to obtain from the person to whom disclosure is made an acknowledgment in writing that such material is to be maintained in confidence by such person as if a party hereto, and provided the Participant uses its best effort to protect the privileges applicable to Shared Information. .If confidential information pursuant to this agreement becomes a subject of an administrative order, judicial order or discovery request requiring disclosure of such information, the Participant may 1562937.03 9 17.15 satisfy its confidentiality obligations hereunder by notifying the Steering Committee and the party that generated the information, thereby giving those parties the opportunity to protect the confidentiality of the information before it is disclosed. 11.2 Government Data Practice Act Notwithstanding section 11.1, each Participant acknowledges and understands that any public entities which are Participants may be required by law to disclose all or portions of the Shared Information to the public if requested, and such disclosure by the public entity shall not constitute a violation of the confidentiality provisions of this Agreement. Such public entity Participants shall use their best efforts to 1) keep Shared Information confidential to the ex�tent permitted by law; and 2) inform the Chair of . any request for Shazed Information promptly after such request is made, and not oppose any steps the Group may take to prevent disclosure through court order or other applicable process. As part of its best efforts to keep Shared Information confidential pursuant to this Section �� 11.2, a public entity receiving a disclosure request for any Shared Information shall take the position that the requested information is exempt from disclosure under applicable law, but this requirement applies: a) only as to those portions of the requested Shared Information for which the public entity determines there is a good faith basis for an exemption from disclosure in applicable law; and b) only until such time as a contrary determination may be made by the Minnesota Department of Administration pursuant to Minnesota Statutes § 13.072, or as otherwise directed or ordered by an administrative or judicial body. 11.3 Surviva(. The ternls of this section shall survive the termination of this agreement. Withdrawal or removal of a Participant from this agreement, as set forth in Section 1562937.03 1 � 17.16 Q 6, shall not terminate this commitment of confidentiality, which shall continue in full force and effect as if the Participant had not withdrawn or been removed from this agreement. 12. RELATIONSHIP OF MEMBERS No Participant, or representative or counsel for any Participant, has acted as counsel for any other Participant with respect to such other Participant entering into this agreement, except as expressly engaged by such other Participant with respect to this agreement, and each Participant represents that it has sought and obtained any appropriate legal advice it deems necessary prior to entering into this agreement. No Participant, or its representative serving on any Committee, shall act or be deemed to act as legal counsel or a representative of any other Participant, unless expressly retained by such other Participant for such purpose, and except for such express retention, no attorney-client relationship is intended to be created between representatives on any Committee, on the one �,. hand, and the Participants, on the other hand. Nothing herein shall be deemed to create a partnership or joint venture and/or principal- agent relationship between or among the Participants. 13. AMENDMENT 13.1 Amendment Process. This agreement may be amended only by a vote of at least two-thirds (2/3rds) of the total Voting Power. Such a vote shall be taken only at a meeting of the Group called for the purpose of considering such an amendment. A Participant unable to attend such a meeting of the Group may assign, in writing, its vote to another Participant. Such an amendment shall become effective immediately. 13.2 I.imitations on mendment. Sections 7, 8 and 11 cannot be amended to negate, diminish, or otherwise eliminate the obtigations relating to release, denial of liability, and confidentiality set forth in Sections 7, 8 and 11 agreed to by the Participants to this agreement. 1562937.03 11 17.17 14. EFFECTIVE DATE AND METHOD OF EXECUTION The effective date of this agreement shall be the date specified on page one of this agreement. Executed signature pages shall be faxed, with an original signature page to be mailed on the date of signing, to: Byron E. Starns, Esq. Leonard, Street and Deinazd Minnesota World Trade Center, Suite 2270 30 East Seventh Street St. Paul, MN 55101 This agreement shall be executed in multiple counterparts, any one of which shall be deemed an - original but all of which shall constitute one and the same instrument. 15. SEPARABILITY If any provision of this agreement is deemed invalid or unenforceable, the balance of this agreement shall remain in full force and effect. 16. LAW This agreement shall be interpreted under the laws of the State of Minnesota. 17. SUCCESSORS AND ASSIGNS This Agreement shall be binding upon the successors and assigns of the Participants. No assignment or delegation of the obligation to make any payment or reimbursement hereunder will release the assigning Participant without the prior unanimous written consent of the other Participants. 1562937.03 1 2 . 17.18 IN WITNESS WHEREOF, the Participants hereto enter into this WARDEN OIL SITE INTERIM FLTNDING AGREEMENT. Each person signing this agreement represents and warrants that he or she is duly authorized to enter into this agreement and bind the company or entity on whose behalf that person is signing. Name of Participant: Address: � Dated: By: 'ti Signature of Participant's Representative Name of Participant's Representative Title of Participant's Representative Designated Representative for Receipt of Notice: Name: Address: Telephone Number: Facsimile Number: 1562937.03 13 17.19 E-Mail Address: Our representative(s), fax number (Name of Individual(s)) wishes to serve on the Steering Committee. 1562937.03 1 4 17.20 ///r, �'��,�`.�` .\\\ �/' _ �' ��\ �,�� , �� ,� ��. ,\ �' �� • � ,,,►,1 ��. Fridley Police Department Memorandum To: William Burns � � �1 From: Lt. Herb Zimmerman Date: October 16, 1997 Re: Participation in the Anoka-Hennepin Narcotics Task Force Attached you will find a resolution that authorizes the City Of Fridley to participate in the Anoka-Hennepin Narcotics Task Force. In order for us to participate, the City Council must pass a resolution. After consulting with Police Department personnel, Director Sallman has decided that our participation would be in the City of Fridley's best interest. It has been our experience that when a department member is assigned to the unit, we receive a considerably better response to a referral. As we move forwazd with community oriented policing it becomes increasingly more important to have specially trained and assigned off'icers. Having an officer assigned to the unit gives us the personal response as well as the ability to conduct a long term/intense investigation that regular police staffing does not allow. The Edward Byrne Grant provides funds to state law enforcement to assist in drug enforcement. The Anoka-Hennepin Drug,Task Force does receive funds from this grant to help offset the cost of the officers assigned. In 1997 the Anoka-Hennepin Task force received $257,000, which was, of course, divided between participating agencies. The grant is designed to help pay for overtime. To accomplish the reassignment of an officer to the drug unit, one officer will be taken from the Problem Response Team. Many of the problems encountered by PRT were drug related and the team spent considerable time addressing these issues. It is our belief that assigning an o�cer to the task force will be a more efficient method of dealing with drugs and their related crimes in Fridley. Interested officers have submitted their names and an oral board will be used for selection. Task force commanders have requested a two-year minimum rotation of officers. If you have any questions please contact me. Staff recommends approval. 18.01 RESOLUTION NO. 1997 A RESOLUTION OF THE CITY OF FRIDLEY, MINNESOTA, ELECTING TO PARTICIPATE IN THE ANOKA-HENNEPIN NARCOTICS AND VIOLENT CRIMES TASK FORCE WHEREAS, The City of Fridley is committed to be a crime-free, drug-free city; and WHEREAS, The City of Fridley is committed to reducing crime and other social problems related to the sale and use of illegal drugs; and WHEREAS, a comprehensive plan to accomplish the goal of reduction of crime and drug related problems should include inter-city cooperation with surrounding communities; and WHEREAS, The Anoka-Hennepin Narcotics and Violent Crimes Task Force has a proven record of impact against drug related crime; and WHEREAS, The City of Fridley wishes to be eligible for monetary reimbursement from the Edward Byrne Grant; and WHEREAS, a resolution and joint powers agreement is necessary to join the Anoka-Hennepin Narcotics and Violent Crimes Task Force. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley hereby elects to participate in the Anoka-Hennepin Narcotics and Violent Crimes Task Force. 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 18.02 0 � � CfTY OF FRIDLEY TO: FROM: DATE: William W. Burns MEMORANDIlM CityManager The Honorable Mayor and City Council William W. Burns, City Manager� }� � October 23, 1997 SUBJECT: 1998 City Council Meetings and Holiday Schedule Attached is a proposed 1998 calendar which indicates City Council meetings and holidays. Whenever possible, we tried to schedule Council meetings on the second and fourth Mondays of each month. Only one Council meeting was scheduled during the month of December. Conference meetings were scheduled during the months of January, February, April, May, July, August and November. Budget work sessions were set for June 15, 16 and 29. Staff recommends that Council approve the attached resolution and the 1998 calendar of City Council meetings and holidays. Thank you for your consideration of this matter. WWB:rsc Attachment 19.01 RESOLUTION NO. - 1997 RESOLIITION DESIGNATING TIME AND NUMBER OF COUNCIL MEETINGS FOR 1998 WHEREAS, Section 3.01 of the Charter of the City of Fridley requires that the City Council meet at a fixed time not less than once each month; and WHEREAS, Section 3.01 of the Charter of the City of Fridley requires that the Council shall meet at such times as may be prescribed by resolution; and WHEREAS, it is the intent of the Council to comply with the open meeting provisions contained in Minnesota Statutes 471.705 as interpreted by the courts; NOW THEREFORE, BE IT RESOLVED.by the City Council of the City of Fridley that: 1. The Council will hold regular meetings in the Council Chambers of the Fridley Municipal Center, commencing at 7:30 p.m. on the following Mondays in 1998: January 5, January 26, February 9, February 23, March 2, March 16, April 6, April 20, May 4, May 18, June 8, June 22, July 13, July 27, August 10, August 24, September 14, September 28, October 5, October 19, November 9, November 23, and December 7. 2. The Council will hold conference meetings at the Fridley Municipal Center, at which time matters are discussed but no formal action is taken, commencing at 7:00 p.m. on the following Mondays in 1998: January 12, February 2, April 27, May 11, July 20, August 17, and November 16. 3. On the dates of regular Council meetings, conference meetings will be held in the Fridley Municipal Center at 7:00 p.m. and following adjournment of each regular meeting. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF OCTOBER, 1997. NANCY J. JORGENSON - MAYOR ATTEST: WILLIAM A. CHAMPA - CITY CLERK 19.02 r � CfTY OF FRIDLEY lanuary January S i�1 T W T F S 1 New Year's Day ' 4 Q 6 7 8 9 1� j City Council Meeting , ii Q i3 ia �s i6 i� � � 8�4 Z� 2 � Z2 2' 23 Conference Meeting �', 2� � 27 28 29 30 31 IZ � / : CALENDAR 19 �ti1Q��n Luther King, Jr. 2C City Council Meeting S M T W T F S ZebConfe�ence Meeting ' 1 3 4� 6 7 s Q9 l0 1 t t2 t3 t� 9 City Council Meeting ; 1 S � 17 18 19 2 0 21 'i 22 Q 24 25 26 27 28 16 presiden['s Day 23 City Council vfeeting March Yfarc 2 City Councit Meeting ; S M T W j F S ,7 _ 10 NLC Cong. Cities Conf. � � I1 12 t3 14 (Washington D.C.) I' IS 1 17 18 19 20 21 City Council Meeting � 22 23 24 25 26 27 28 16 ! 29 30 31 -------------- April ( City Council Meeting 20 City Council Meeting Apri�- 27 Conference Meeting S M T W T F S 4 ;�� s 9�oi� May '�, 12 l3 t4 15 16 l7 18 4 City Council Meeting l9 � 2l 22 23 2a 25 ' 26 2 28 29 30 11 Conference Meeting 1 g City Council Meeting 25 Memorial Day May ��! S M T W T F S June ' g City Council Meeting 3 5 6 7 8 9 I 10 12 l3 14 IS 16 ; t7 1 t9 20 21 22 23 9 - 12 L�IC Annual Conference I 24 26 27 23 29 30 (Duluth) ! 31 15 Budget Work Session 16 Budget Work Session 22 City Council Meeting June S M T W T F S 29 gudget Work Session ' ��3 7 13 �!, l4 l7 13 19 20 '�, 21 23 24 25 26 27 �� 23 30 July 3 Friday bejore Independence Day 13 Ci�' Council Meeting 20 Conference i�teeting 2'] Ciry Council �Ieetin� August 10 C�ty Council Ivteeting 17 Conference Meeting 24 City Council Meeting September 7 Labor Day 14 City Council i�ieeting 28 City Council Meeting October 5 City Council Meeting 1 Z Columbus Day 19 City Council Meeting 25 - 28 ICViA Conference (Orlando) November l� Ciry Council Meeting 11 Veterans Day 1C Conference Meeting 23 City Council Meeting 26 Tl:anksgiving 2'] Friday aJter Thanksgiving December 1 - 5 NLC Cong. of Cities (Kansas) '] City Council Meeting 2j Christmas 1 9.03 � � C7TY OF FRIDLEY Ju �� S �I T�V T F S t _ S 7 3 9!0 11 t? , ta i� i6 t� ts i9 zi �� z� 2:� Zs _ 26 � � 28 '_9 30 31 Aueust S M T R' T F S 2^ 4� 6 7 8 9 l l 12 13 14 1� 16 18 19 20 21 22 23 2 25 26 27 28 29 !, �0 eptem er S bi T�V T F S � 6 8 9 LO 11 12 ' Li � 15 l6 17 18 19 20 1 22 23 24 2� 26 , 27 � 29 30 Octo er S M T �V T F S � 4 Q 6 7 3 9 10 It 13 !� l� l6 17 ' l8 20 2l 22 23 24 27 � 29 30 3l November ' S M T �V T F S , � � 3 9 l0 K 12 13 1� '� j 17 18 19 20 2 l ! 22 24 2� � �( 28 ' 29 30 Decem er �' S M T �V T F S ' 6 O7 g 9 10 11 12 13 14 l� 16 l7 l8 19 ' 20 2l 22 23 2d � 26 � 27 28 29 30 31 � i�► cmr oF FRIDLEY GAS SERVICES Heating & Cooling Two 18550 Co Rd 81 Maple Grove�MN 55369 LICENSES OCTOBER 27, 1997 Steven Sinkie GENERAL CONTRACTOR-COMMERCIAL Fireside Corner 2700 N Fairview Ave . Roseville MN 55113 Terri Stuber Hayward Baker Inc 1025 Ashworth Rd #210 West Des Moines lowa 50265 Russell, Karen 6015 Main St NE Fridley MN 55432-5468 Steve Jaques Karen Russell GENERAL CONTRACTOR-RESIDENTIAL Bodinski Steve Construction (20019069) 2215 135 Ln NW Andover MN 55304 Steve Bodniski Cole Dale Construction (6907) 6452 Bluebird Cir Maple Grove MN 55369 Ovall Roofing & Const (3604) 6730 213 Ave NW Elk River Mn 55330 Stahnke Construction Inc (8831) PO Box 83 Bethel MN 55005 Trendy Roofing (20027543) 3845 Park Lane Spring Park MN 55384 Dale Cole Glen Ovall John Stahnke George Hulinsky RON JULKOWSKI Building Official RON JULKOWSKI Building Official Same Same STATE OF MINN Same Same Same Same J HEATING Heating & Cooling l'wo 18550 Co Rd 81 Maple Grove MN 55369 PLUMBING Olson Larry Plumbing 3232 Warner Ln Mound MN 55364 Steven Sinkie Larry Olson 22.03 RON JULKOWSKI Building Official STATE OF MINN � ESTIMATES a OCTOBEB 27,1997 CffY OF FRIDLEY M.C. Magney Construction, Inc. 19245 Highway 7 Excelsior, MN 55331 Wellhouse No. 1 and Water Booster Station Project No. 298 Estimate No. 1 (Revised) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 14,905.50 Hardrives, Inc. 14475 Quiram Drive Rogers, MN 55374 Central Avenue Bikeway/Walkway Project No. ST. 1994 - 9 Estimate No. 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 14,507.45 Diversified Paving, Inc. 8019 - 146th Avenue N.W. Ramsey, MN 55303 1997 Driveway Paving Project No. 307 Estimate No. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9,944.98 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. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 239,257.73 23.01 PUBLIC HEARING BEFORE THE CITY COUNCIL Notice is hereby given that that the City of Fridley City C.ouncil will meet at 7:30 p.m. on October 27, 1997 to consider, and possibly adopt, the proposed assessment for the Locke Lake Dam Excavation Project No. 255. This project includes properties abutting and draining into said Locke Lake and all lands within, and adjacent. Adoption by the council of the proposed assessment may occur at the hearing. The proposed assessment roll is on file for public inspection at the Finance Office. The total amount of the proposed assessment is $51,469. Written or aral objections will be considered at the meeting. No appeal may be taken as to the amount of an assessment unless a signed, written objection is filed with the clerk prior to the hearing or presented to the presiding officer at the hearing. The council may upon such notice consider an abjection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. An owner may appeal an assessment to district court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City with 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. The City of Fridley has adopted Resolution No. 14-1995 deferring special assessment payments for senior citizens. The City Council may approve deferral of payment of special assessments where the payment of said special assessments constitute a hardship. Publish: October 2, 1997 October 9, 1997 24.02 � Nancy J. Jorgenson Mayor � TO: WILLIAM W. BURNS, CITY MANAGER � FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR SUSAN LEMIEUX, ASSISTANT FINANCE DIRECTOR SUBJECT: PUBLIC HEARING ON ASSESSMENT FOR ALDEN WAY PROJECT NO. ST 1996-1&2 - CONCRETE CURB AND GUTTER PORTION DATE: October 21,1997 Attached you will find the Public Hearing Notice for Street Improvement Project No. St 1996-1 &2. The Notice was sent to the property owners on September 30, 1997, and published in the Focus on October 2, and October 9, 1997. . �. _ � - Attachment 25.01 PUBLIC HEARING BEFORE THE CITY COUNCIL Notice is hereby given that that the City of Fridley City Council will meet at 7:30 p.m. on October 27, 1997 to consider, and possibly adopt, the proposed assessment for the concrete curb and gutter portion of the Alden V1/ay Street Improvement Project No. ST 1996-1&2. The area proposed to be assessed is Alden Way from 79�' Avenue to 300 feet South of Rickard Road. Adoption by the council of the proposed assessment may occur at the hearing. The proposed assessment roll is on file for public inspection at the Finance Office. The total amount of the proposed assessment is $50,250. Written or oral objections will be consid.ered at the meeting. No appeal may be taken as to the amount of an assessment unless a signed, written objection is filed with the clerk prior to the hearing or presented to the presiding officer at the hearing. The council may upon such notice consider an abjection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. An owner may appeal an assessment to district court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City with 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. The City of Fridley has adopted Resolution No. 14-1995 deferring special assessment payments for senior citizens. The City Council may approve deferral of payment of special assessments where the payment of said special assessments constitute a hardship. Publish: October 2, 1997 October 9, 1997 25.�2 Nancy J. Jorgenson Mayor MEMORANDUM DEVELOPMENT DIRECTOR DATE: October 24, 1997 TO: William W. Bums, City Manager,�� FROM: Barbara Dacy, Community Development Director SUBJECT: Application to Amend Redevelopment Plan in an S-2, Redevelopment District, ZOA #97-07, Semper Development Ltd.; 6525 University Avenue N.E. PUBLIC HEARING The proposal by Semper Development Ltd. to construct a 13,905 square foot Walgreen's facility at the northeast comer of University Avenue and Mississippi Street intersection is scheduled for a public hearing on October 27, 1997. A resolution approving a "redevelopment plan amendment" is scheduled later in the agenda. If approved, the plan will supercede the previously approved plan in 1991. This application is not a rezoning application; the site is already zoned S-2, Redevelopment District (Ordinance No. 950, published August 1, 1990). COMMISSION ACTION The HRA and the Planning Commission have recommended approval. The Planning Commission recommended four stipulations (see attached staff report), three of which are routine stipulations. The fourth stipulation requires staff and petitioner to come to an agreement on the driveway. The Commission deleted the stipulation requiring execution of an easement to share parking spaces on the site for a future transit facility. ISSUES RAISED AT THE PLANNING COMMISSION MEETING There was a lengthy discussion at the Planning Commission meeting about the proposed westerly driveway, the necessity of the stipulation regarding the shared spaces for the park-and-ride facility and the final zoning disposition of the smgle family lot abutting 66th Avenue which is not part of the proposed project. Staff has completed. additional research on these items and recommendations are presented below. Given the recent construction of the decorative fence on the Rottlund project across the street, staff has suggested to the petitioner that a similar treatment (perhaps not as tall) would be appropriate as part of the proposed development. In addition, Councilman F��l Semper Development ZOA October 24, 1997 Page 2 Billings also requested an analysis of the previous stipulations on the 1990 and 1991 projects and asked if any would apply to the proposed project. Staff has discussed these issues with the petitioner. Our recommendation is presented below. DRNEWAY The petitioner has submitted an analysis by a traffic engineer regarding the westerly driveway. The engineer recommends shifting the driveway 120 feet to the east to align with the eastern edge of the building. There would be 90 feet befinreen the two driveways. As long as there is such a short distance befinreen the driveways, the westerly driveway should be eliminated. The easterly driveway should be designed as previously approved: one 18 foot aisle into the site separated by a 4 foot median from finro 12 foot outbound lanes. Anoka County Public Works staff submitted a letter stating that one access onto Mississippi Street will be permitted. The County stated that MnDOT will require review of the plan as well. Staff will be forwarding a plan to MnDOT this week. In order to address the adjacent resident's concern of headlights in the front window (to the east of the driveway), the seven foot screening fence could be extended to the front lot line, or year round vegetative materials could be planted to the front lot line. The driveway could also be shifted slightly to the west to maximize distance from the joint lot line and still enable left tum/eastbound traffic from the site. PARK-AND-RIDE FACILITY Tim Yantos from the Anoka County Rail Authority was to contact the petitioner regarding their needs for a future transit facility. Yantos stated that TH47 is designated as part of the Northstar Corridor from downtown Minneapolis to St. Cloud. Funding has been authorized by the federal govemment to initiate a scoping process in 1998 to study transit issues in the corridor. Mississippi Street is a key east/west route to serve a north/south transit system. The issue is not when LRT will be built, but rather how can the City anticipate the future needs of residents who will use the system. The intersection will be a focal point for any transit system. It is not the intent to require that this development satisfy all of the demand for use of a transit system; the intent is to presenre an option to execute an easement to share an appropriate amount of space on the site. The petitioner will not be constructing 18 parking spaces and designating them as "proof of parking". The spaces are located on the north and east sides of the development near the residential areas. The petitioner feels that the remaining 76 spaces will adequately serve the facility. If space is needed in the future for the transit facility, these spaces could be constructed and used by Walgreen's patrons and existing spaces on site used for the transit facility. 26.�2 Semper Development ZOA October 24, 1997 Page 3 Staff recommends a stipulation regarding a shared easement for a future transit facility be reinstated. SINGLE FAMILY HOME ON 66TH AVENUE Since the petitioner is requesting a plan amendment for a smaller project area, a stipulation requiring the petitioner to file a rezoning application for the single family lot to revert to R-1 is appropriate. DECORATIVE FENCE The petitioner will not install a decorative fence similar to the one installed by Rottlund unless the second driveway is approved. The recommended stipulations require installation of the fence (#18) and removal of the second driveway (#4). PREVIOUS STIPULATIONS There were 34 stipulations on the previous projects; seventeen each. Staff has reviewed the stipulations and the recommendation contains the stipulations which are appropriate to include for this approval. A full list of the stipulations is represented in letters to the previous petitioners dated June 1990 and February 1991. RECOMMENDATION The City Council should conduct the public hearing. Later in the agenda is the resolution approving the plan amendment. To follow are the stipulations presented in that resolution with commentary as to when they were originally approved: 1. The development shall be constructed in accordance with the site plan dated September 12, 1997, unless otherwise provided for by the stipulations of approval. (1997 stipulation) 2. Compliance with the comments of the Engineering Department as stated in the September 23, 1997 memo from Jon Haukaas. (1997 stipulation) 3. A final landscaping and irrigation plan shall be submitted and approved by City staff prior to issuance of a building permit. (1990 stipulation #2 and 1997 stipulation) 4. The westerly right-in/right-out driveway shall be removed from the site plan and shall not be constructed. A permit for the easterly driveway must be obtained from Anoka County. The easterly driveway shall be located as far as possible from the east lot line, but still allow for left turn/outbound traffic and comply with Anoka County standards. The intersection shall have one 18 foot inbound lane separated by a 4 foot wide median from finro 12 foot outbound lanes. (1990 stipulation #10 and 1997 stipulation) 2s.o3 Semper Development ZOA October 24, 1997 Page 4 5. The property owner shall agree to execute an easement to use parking spaces on the site for a future transit facility. (1990 stipulation #11 and 1997 stipulation) 6. The petitioner shall pay park dedication fees at time of building permit in the amount of $2,618.41. (1990 stipulation #3) 7. Storm water management calculations shall be submifi�ed prior to issuance of the building permit (the petitioner has submitted calculations already, but final calculations are appropriate to require). (1990 stipulation #4) 8. All rooftop equipment shall be screened from view from the public right-of-ways. (1990 stipulation #5) 9. No automotive senrice uses, car sales, or other outdoor repair/display uses shall be permitted. (1990 stipulation #8) No pawn shops shall be permitted. (1997 stipulation) No restaurants are permitted unless specifically approved by the Planning Commission and City Council. The City, in its evaluation of a proposed restaurant use, may require proper HVAC and odor venting equipment to eliminate to the greatest extent possible any odor emissions from the building. Venting for specific odor causing uses shall be routed to the most westerly point of the building before being released to the open air. (1990 stipulation #17 with 1997 modification) 10. In the event Walgreen's vacates the building, the City shall have the right to review each use within the building prior to occupancy to determine whether or not it is consistent with the intent of the Cenfer City Redevelopment Plan. (1990 stipulation #9) 11. All lighting shall be shielded such that the glare does not adversely affect residential properties. (1990 stipulation #12) 12. All parking and driving areas shall be lined with concrete curb (the site plan shows curbing, but stipulation could address proof of parking issue as well). Spaces identified as "proof of parking" shall be installed at the request of the City. (1990 stipulation #13 and 1997 stipulation) 13. All dumpsters shall be screened by the trash enclosure indicated on the site plan dated September 12, 1997. (1990 stipulation #14 with a 1997 modification) 14. Underground irrigation shall be provided to landscaped areas. (1990 stipulation #15) 15. The pavement shall be appropriately marked to delineate the prescription pick up window lanes. Any changes to the pavement plan shall be indicated on the plan submitted for building permit review. (1991 stipulation #3 with 1997 modification) 26.04 Semper Development ZOA October 24, 1997 Page 5 16. The decibel level of the audio system for the pick up window shall be at a level where its noise is not audible from residential properties to the east. (1991 stipulation #4 with 1997 modification) 17. The property owner shall work with the Anoka County Regional Rail Authority to provide pedestrian connections where appropriate into the site, including stripmg or sidewalks. (1991 stipulation #6) 18. A seven foot cedar fence shall be constructed along the north and east sides of the development. The fence along the north side of the parking lot shall be constructed befinreen the parking lot curb and the edge of the pond. (1991 stipulation #9 with 1997 modification) The petitioner shall submit a plan for the installation of a decorative fence with brick pillars and black aluminum fencing along University Avenue and Mississippi Street in conjunction with the building permit application. The fence shall be installed prior to issuance of a certificate of occupancy. (1997 stipulation) The remaining stipulations of the previous approvals were more germane to the previous project and did not directly apply to the proposed project. :� M-97-445 26.05 � CITY OF FRIDLEY PROJECT SUMMARY DESCRIPTION OF REQUEST: � Semper Development Ltd., representing Walgreens, is requesting a revision to the approved redevelopment plan for the northeast corner of the University Avenue and Mississippi Street intersection. The petitioner is proposing a 13,905 square foot Walgreens store with a prescription pick-up window. SUMMARY OF ISSUES: The site plan meets the typical requirements of a commercial use; however, staff is concerned that the proposal under-utilizes the area of the site, and is not maximizing the full potential for redevelopment at this location. The petitioner indicates that the prescription pick-up window is imperative to the success of the store, and they are not willing to share the site with other users. The success of Christenson Crossing and the revitalization of the area around the intersection necessitates additional review by the City to determine the spectrum of opportunities for redevelopment at this location. PLANNING COMMISSION RECOMMENDATION• Staff recommends that the Planning Commission recommend denial of the proposed amendment to the redevelopment plan to the City Council. Should the Planning Commission recommend approval, the following stipulations are recommended: 1. Compliance with the comments of the Engineering Department as stated in the September 23, 1997 memo from Jon Haukaas. 2. The petitioner shall execute a stormwater pond maintenance agreement to maintain the detention pond at th� north side of the site. 3. A final landscaping and irrigation plan shall be submitted and approved by City staff prior to issuance of a building permit. 4. The westerly right-in right-out driveway shall be removed from the site plan and shall not be constructed. A permit for the easterly driveway must be obtained from Anoka County. 5. The property own�r shall agree to execute an easement to use parking spaces on the site for a park-and=ride site. PLANNING COMMISSION ACTION: The Planning Commission recommended approval of the plan amendment subject to four stipulations. The Planning Commission re-worded Stipulation #4 to read: Staff and petitioner to come to an agreement on the drivewav Stipulation #5 was deleted. CITY COUNCIL RECOMMENDATION: Staff recommends the City Council deny t25equ�est to amend the approved development plan. � Project Summary ZOA #97-07, by Semper Development Ltd. Page 2 Petition For: Location of Property: Legal Description of Property: Size: Topography: Existing Vegetation: Existing Zoning/Platting: Availability of Municipal Utilities: Vehicular Access: PROJECT DETAILS A revision to an approved redevelopment plan in the S-2, Redevelopment District 6525 University Avenue N.E.; NE corner of University Avenue and Mississippi Street Lots 9, 10, 11, 12, Block 2, Rice Creek Terrace Plat 1, and Lots 13 - 16, Block 3, Rice Creek Terrace Plat 2 Approximately 2.88 acres Flat Typical suburban; trees, sod, shrubs S-2, Redevelopment District and platted lots Services available Mississippi Street and 66th Avenue Pedestrian There is a bikeway/walkway from the bus stop at the SW Access: corner of the site, which travels along a westerly lot line to 66�' Avenue Engineering Issues: Stormwater pond maintenance agreement Comprehensive The parcel is part of the Center City Redevelopment Area Planning Issues: and the 1990 land use plan identifies the area as a "redevelopment district". Public Hearing To be taken on October 15, 1997. Comments: 26.�7 Project Summary ZOA #97-07, by Semper Development Ltd. Page 3 ADJACENT SITES: WEST: Zoning: C-3, General Shopping Cntr Land Use: Holly Center SOUTH: Zoning: S-2, Redevelopment District Land Use: Offices EA T: Zoning: R-1, Single Fam. Dwelling Land Use: Residential N RT : Zoning: R-1, Single Fam. Dwelling Land Use: Residential Site Planning Issues: REQUEST Semper Development Ltd., on behalf of Walgreens, is requesting that the City approve a new redevelopment plan for the northeast corner of University Avenue and Mississippi Street in the Center City redevelopment area. The S-2, Redevelopment District requires plan approval for any project within an S-2 area. The project plan must be approved by the Housing & Redevelopment Authority, the Planning Commission, and ultimately the City Council. SITE DESCRIPTION/HISTORY The subject parcel now contains a 14,400 square foot retail building now occupied by The Gym and Fridley Video. The project area to be developed also includes an existing single family home in the southeast corner of the site. The parcel extends from the Mississippi Street right-of-way north to the 66�' Avenue right-of-way. The parcel has been the subject of a number of applications. To summarize: • The property was originally platted in 1942 and 1950. • The property has been zoned C-1 and R-1 since 1958. • In 1962, an application was filed for a grocery store and retail facility. The Planning Commission recommended denial, but there was no action by the City Council. • In 1964, a rezoning request was filed again and the City began its planning process for the Center City area. • In 1965, the City approved construction of the now existing commercial building. . 1 :� Project Summary ZOA #97-07, by Semper Development Ltd. Page 4 • In 1973, a rezoning application was filed for a proposed hardware store. The City Council denied the rezoning request. • In 1977, Red Owl vacated the building and since that time, a variety of uses have occupied the building, including 10,000 Auto Parts, Slumberland outlet, carpet remnant facility, Kokesh Motorcycles, and now The Gym and Fridley Video. • In 1990, the City rezoned the property to S-2, Redevelopment District; based on a plan which proposed a 28,230 square foot multi-tenant retail center. • In 1991, an amendment to the plan was approved to permit a drive-through window at the west end of the site; the size of the building was 27,745 square feet. • In 1994, the City Council approved the temporary occupancy of the building for The Gym. PROPOSAL: Semper Development Ltd. Is proposing to construct a 13,905 square foot building on behalf of Walgreens and will execute a lease with Walgreens. The building will have a prescription pick-up window on the east side. The petitioner indicates that the � proposed building is a new prototype in the metropolitan area. The building will have face brick on all four sides with a stucco finish at the roofline. A canopy feature at the entrance to the building in the southwest corner will contain a large window feature. The petitioners are proposing to complete the redevelopment activities. Semper Development Ltd. will acquire the affected lots, relocate the affected owners/tenants, and complete the demolition. The project area is smaller than the original project area. It does not contain the single family lot which abuts 66th Avenue. NEIGHBORHOOD CONTACTS: The developer has initiated meetings with the abutting homeowners around the north and east sides of the site. They have indicated that the neighbors would like the following: • Increase the number of pine trees along 66th Avenue • Place the fence on the south side of the detention pond area so that the fence is not located along 66th Avenue • A small neighborhood center is preferred over a larger retail center 2s.o9 Project Summary ZOA #97-07, by Semper Development Ltd. Page 5 • Remove the ten parking spaces along the east lot line to create more of a buffer against the single family home to the east ANALYSIS: The smaller project area and the requirement for a prescription drive-through pick-up window on the east side of the building dictates that the building be located approximately in the center of the project site. Further, the petitioners are requesting an additional access closer to University Avenue than the originally-planned full movement driveway at the east end of the site. The western-most driveway will act as a right-in and a right-out because of the median which exists in Mississippi Street. The location of the building in the center of the project area along with the "boot- shaped" design of the parcel results in areas on the site that are under-used and less efficient than the site plan originally approved. As a result, staff has the following concerns regarding the proposed plan revision: 1. The site plan and layout is a typical suburban cookie-cutter approach to an infill site located in the City's "Center City area". The project would be more appropriate on commercial properties further north on University Avenue (the southeast corner of 73`� and University Avenues, for example). 2. There is under-used space around the building. For example, as one drives into the site at the easterly driveway, there is a large expanse of parking lot area. In addition, the site does not include one of the lots originally rezoned to S-2, Redevelopment District (the lot facing 66�' Avenue). 3. The application raises concern about the ultimate vision for the corner of the intersection. The traffic on University Avenue, along with the recently construction by Rottlund at Christenson Crossing, is no doubt an attractive feature for a commercial entity on the property. A mixed use project, either a commercial use or a combination of residential and commercial uses, is more appropriate at this site. In fact, the mixed use approach may cause the need to reevaluate the size of the redevelopment project area. 4. Because this application has been filed, the City is forced to react to an application when a process has not occurred to solidify the City's vision for the property. While the application represents a valid interest on the part of the private market for developing the site, the project is still a key part of the City's redevelopment effort. The Planning Commission and the City Council are hampered by the fact that there are not additional options available to compare against this proposal. In essence, �� L� Project Summary ZOA #97-07, by Semper Development Ltd. Page 6 the City is being asked to react to an application and identify if it does not want this type of use at the intersection. The City should initiate a process to finalize a development vision for the site and take the appropriate steps to implement it. �ITE PLAN ISSUES: The proposed western-most access on Mississippi Street is not recommended since it would add an additional conflict to the function of the intersection, especially at peak hour. Traffic existing the driveway trying to go south on University Avenue would have to cross three lanes of traffic. Further, the driveway is simply too close to the intersection. The City and the County have worked very closely together to maximize the number of driveways and to maximize the distance befinreen driveways along Mississippi Street intersection area,_stretching from Holly Center on the west to the library on the east. The petitioner has requested the removal of the ten parking spaces along the east lot line and designate them as proof of parking so that an additional buffer area can be created. Staff has no concerns about this request. This site has historically been viewed as a park-and-ride for a light rail transit facility along the east side of University Avenue. Even if LRT is not constructed in the metropolitan area, the University Avenue corridor will be a likely candidate for some form of alternative transportation (a bus way). Previous stipulations on the redevelopment plan have included reservation of parking spaces to be used for LRT or another transit facility. It is suggested that a stipulation be placed on the plan, if approved, to require execution of an easement for reservation of the appropriate number of parking spaces on the site when such a facility is constructed. The site plan indicates a 20 foot long parking space abutting the perimeter of the site. The zoning code does permit an 18 foot depth of a parking stall when abutting a curb. A reduction of finro feet around the perimeter of the site could save a substantial amount of parking area. A 25 foot wide access drive between parking aisles is proposed and meets the City Code. The Engineering Department has reviewed the grading and drainage plan and has suggested comments, which are attached in a memo dated September 23, 1997. The petitioner has already initiated the review process by the Rice Creek Watershed District. A stormwater pond maintenance agreement will also be required. 26.11 Project Summary ZOA #97-07, by Semper Development Ltd. Page 7 HOUSING & REDEVELOPMENT AUTHORITY ACTION: On October 9, 1997, the Housing & Redevelopment Authority recommended approval of the plan to the City Council. The HRA felt that the plan was superior to the previously-approved plan since it reduces the size of the building and consequently the amount of traffic. Secondly, the exterior of the building is very attractive. Finally, while the HRA felt that other uses could be evaluated on the site, they had difficulty in recommending denial of the plan and preventing the property owner from developing the property. PLANNING COMMISSION RECOMMENDATION: Staff recommends that the Planning Commission recommend denial of the proposed plan revision to the City Council. The project is a key part of the Center City Redevelopment area. Given the recent construction at Christenson Crossing, there may be other opportunities available to the City to develop a mixed use development at the property. However, should the Planning Commission recommend approval of the plan revision, the following stipulations are suggested: 1. Compliance with the comments of the Engineering Department as stated in the September 23, 1997 memo from Jon Haukaas. 2. The petitioner shall execute a stormwater pond maintenance agreement to maintain the detention pond at the north side of the site. 3. A final landscaping and irrigation plan shall be submitted and approved by City staff prior to issuance of a building permit. 4. The westerly right-in right-out driveway shall be removed from the site plan and shall not be constructed. A permit for the easterly driveway must be obtained from Anoka County. 5. The property owner shall agree to execute an easement to use parking spaces on the site for a park-and-ride site. PLANNING COMMISSION ACTION: The Planning Commission recommended approval of the plan amendment subject to four stipulations. The Planning Commission re-worded Stipulation #4 to read: t nd petitioner to come to an aareement on the drivewa� Stipulation #5 was deleted. 26.12 Project Summary ZOA #97-07, by Semper Development Ltd. Page 8 CITY COUNCIL RECOMMENDATION: Staff recommends the City Council deny the request to amend the approved development plan. 26.13 >F LP Extend Wall � 377.62' -t0' GAS HAIN---\ NH ---�-------- � MH ------------- � —r — 8' VCP SAN. SEVER — — — — —o-- ___-__--___-__�. - - --�. - - -r- - - - I� :.I.P. VATER MAIN — -- — — — — —j — — — � — — — — — —•— W SSISSIPPI � ; � STREET I � I � • m NQfE� 3EN0 EXISTING CURB 9 GUTTER EXISTING CATCH BASIN EXISTING MANNOLE PROPOSED CURB 8� GUTTER PpOPO5E0 CATCH BASIN AqI.�L PARKgINGL`gI.O�T� �.SyT�RpI�PPINgG7�� ONE W4Y ARROW54 HC� SIGNAGEES> ETC. SHALL 8E PAINTEO WFB�E � PAINT H.C. SIMBOLS AT E1tiCF1 FLC. � STAI.L. 26.14 •unn� i a I �� . I HA�H tfJV W�Uf- SEE SH. A3 `. EXIS7tNG H ' I � SEE SH. NO , 1 FOR DEC. 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MA1N — — p� SEVER — - � � F�N— : . ► , , `2 -i .S 67 A�E PE I �P�� `� ��. � 'k '., .' � �A .�� W:� � Z.onirg Desigr�ors: 0 f�1 - Q�e Family Uitits � F�2 - Two Farily Urtts � F�3 - C,ener-al M�tiple Urils � R 4- AAobile Flare Pdrks � PUD - Planed lAit Deveb(xr�ent � s, -�� 0 s2 - �de�laprrert OisUid 0 G1 - Lod B�iness o c2 -c�,� a,�� _ G3 - General Shopping � GR1- C�al Office � AA-1 - � Industrial 0 fu�2 - � �r�d�ial � M3 - outdoar Intensive hleavy Inct � � - Raitroeds 0 P - Public Facilibes O �� wc��r'�vuaY � � �.. � . 66 AVE NE i �. � Fd�iM�AVElE 4 :: inll:iEBAHEIE ,1� 63 A�E PE ZOA 97-07, Plan Amendmer�t Semper Development, on behalf af Walgreen's, requests that the master plan in the S-2 Redevelopment District be amended to allow oonstruction af a 13,000 square foot retail facility. 26.15 � b 2 � � { 67 A�E PE 63 AVE � N A 2/Z6l97 c«,�lea ar,d drau� rrnn, o�iaal reoords b�ed Q11 Qi�k�10B IVD. 7Ci 2f1d Z�0(y� �f�V@ d� �m�s ��r, �a a�ng o�a� anoes ado�ted arxJ effectiwe as d?J17197. 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R.g �� y ..�`•. ;• f f .. .'i'i�� I 1 �� I I a � % _ � : e d . � �t Q xe m ,3 � �; �, E! i3 � 26.21 - _ - ............ - -- ...................................................�-�-.�---....: CITY OF FRIDLEY 6431 UNIVERSITY AVENUE FRIDLEY, MN 55432 (612) 571-3450 .��j-�1 y��,;��?�-��-�� -a. �S�' �.�" COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION FOR: �� ----�--�-�-��-�••r�- -- --r •r� PROPERTY INFORMATION: - site plan required for submittal, see attached SR� Address: 1 s 2 s c�,u,u�zs,z,� AU� ti,l� F�¢►or.e� M� - ��_ � Property Identification Number. - o- 2- 2- i o ' - 30 - -2 - o00 ' J-"� -2�, Legal Description: Lot sE�ow Block eti,��, Tract/Ad ' on �� a,�� ic.� C�F.,� TiE2Qr3�� iaTl .�vrx 9, lo✓1,e2 _�occ 2� .Qic� G2�•c�ic.�T.�¢.2.a�'. . c 2 Go s 3/ ♦S! oa 3 —� �:�� Current Zoning: - Square footage/acreage: ��i3, 8Y� sF =�F2::�� ':r� ' Requested Zoning: - Reason for Rezoning: ` F..:K- � T"� : TLA�J �i'rl�irl�Y►f��tJ7 ib �S- 2 O/S72/GT. ��;, Or; Section of Zoning Code to be Changed: -- � ��` (Attach requested language) Reason for Change: -- " - ' , . "'";;ir;. . . ._. . .,:8 � Have you operated a business in a city which required a business license? �:. �"`� - Yes No � If Yes, which city? ` �� ' If Yes, what type o business? �� . Was that license ever denied or revoked? Yes -- ' No -� °� � VA�AINti�V�Vti�V/�I �V�VAI/VNNAIAI�VArAr�V�V�V�V�V /VA//�I�VAIN�VAI L ?'�-�ap37�. 0o s g; oDg�� ooyo� ;� y� FEE OWNER INFORMATION (as it appears on the property title) ��' � � _, (Contract purchasers: Fee owners must sign this form prior to processing) :, �" NAM E: ,o�a � lE . � � �' ; - � �- : �. � . , ADDRESS: �=� s � �Lc.� ' �nr�i ss . _ �: _ � :a . DAYTIME PHONE: s1s-a�y9 SIGNATURE/D TE:� `°` �r _ ,.b . . , ��>�> . � > „ ......... �....,::.: � .- �� : : �..� PETITIONER INFORMATION �� '- t�� :�, _ , ��:� . NAME: �S,�tp.�.e �v.s�n��c.u�- 17'D. �, . ,, ADDRESS: � ,r ,� •�- moo >,,, oc,,` ss °'��w�� DAYTIME PHONE: 332-/SOO SIGNATURE/DAT � ��t� � m` �. � � . n..�..v.�..�..�...r.r.�..�..�.w.....w.�r.�..�..�..�....�...vn..�.w....�..ww.�..�..�..�.w..�.w..�..�i�.�w.�. � N ti� .�..r.v�..�.wr �'' �' � � FEES 7.0� � ��_ ��.: Fee: $500.00 _ ��,Rez ing � $300.00 Zoning Text Amendment `� �� r �- Application Numbe - Receipt #: 4 Received By: �; �� x � c.. '�=' � ro � w= ::, Scheduled Planning Commission D te• S �. . Scheduled City Council Date: 10 Day Application Complete N ti cation Date: 60 Day Date: r ; � x' M ° � "� c ��° L � . . � � � ,w.& ��a� % y� "� _ e� 1 3k}r ' 9 ��y�t�� , "k�i' 'P.y. � X'r'� A t"il'�i'� f d ry.�i,. fi S&k� "t ��. � +.� T 4 ��-'�rt °`�. �, �,�`� : �`��'=XM��A'�� ' 1 ,��A�•Yi �� `� . i �� - :;;=��-��t�T.��i. `�-1,� .z;; j . ,-�,y�.�.. �w�. . . � "` , r , .� �.. � . . �, i..;, , , � ... . e t�ti' � :� . :. N _ . ,.., � : ,.r . . �_ _ , � �. ' p,. �+v �.�� ,rrr ' ':L. '-. f� � 5,.�.. � `� � � ;�'"", ��:� xa;a,.: ':wu;i ; �� T"'"+x � E ;-� �! `�l. ,. ......._ �_ _ , _. _.__. .__. ___..__....._. _ ...._ ____...... _ ,._ _____.... _ � ; , . ._. � � _...�---�; � �: ; -� ; , , - , :......... ... _._.�. , ; . , ...... _ .; . t _... ._.. ' � , � � : .. .. ; � � �.f4 y ? __;a .. r :: < _ Is . : , , :... _ . � .. ., . ._ - .�� : � : • . . . '.' : . ` ... .. .V ,. .. . . _ __. . , ; , s: � . ... a � , .... _ t .. f � � : t� . ,._. � .: - _.... F ._ ..__ ..» . : r, ' ;j � F � ' ' i� F ' _.. _. . � . . � } � ,�, � � : F._.._.:.... F . � � . .. ' . _ t ., � .� rA. � ,.::�. � �" � i{°rTr.rmmi ..m = � " ; ' �:z . - . : :—� - - f �: , . � ��;� ...: = . � �. � —�.t: ; :.p .. . € ....... , . . �� u.... * £ ? ;1 ' � � . ,� } �� ' ' i � � - `'sa"� . �. . �i �_,�� . ... ` \\\\�} � b . f: ' 4 .� ... .. \�\Y. � � ' '�-:.� � . - . . . �. . . . . . , i ': . . : . : �: -; ; ... � . :... .,_ . , � : -' � :: . .. .. . . , ...___. , , ; . . ' � .: . . .. .. ��. Y� � �: _.._ . - k E � � a .. .;... � � ; a . `___ ' ..a:. i . � ;... � p � `r • ;' # I. . � � ; ; ! � ~. 3 _ � 4 . ._ ...:. _ : . _ : — - - ... i ; , f j __. �I .__ ....... _..-_-.:. . �:...___ a, " � ... ......._ . .._.___„_..:.�. . _ . _...__.__._ ._....�.._. ...�y : e ; �,; _ _ _ � _ -_ �::�.. __ . ___ _.. _ € ____ � _ __ _ ,. _. ,: _: _ .a� �� .°� �-_� �:.�._��.. �-�. �'� ��. �; N �� 0 80' SEMPER TRAFFIC REVIEW DEVELOPMENT, LTD. FOR PROPOSED RECOMMENDED WALGREEN'S STORE ACCESS PLAN �BENSHOOF & ASSOCIATES, INC. IN CITY OF FRIDLEY TRANSPORTATIONENOINEERSANDPLANMERS + �■Z� 2 BENSHOOF & ASSOCIATES, INC. TRANSPORTATION ENGINEERS AND PLANNERS 7301 OHMS LANE, SUITE 500 / EDINA, MN 55439 /(612) 832-9858 / FAX (612) 832-9564 October 22, 1997 REFER TO FILE: 9•�-,�S REV�W OF WESTERLY DRIVEWAY ON MISSISSIPPI STREET FOR WALGREEN'S SITE LOCATION OF EXISTING DRNEWAY - clear sepazation of 150 feet from University Ave. SLTMMARY OF EXISTING RIGHT TURNS FROM SITE TO WEST ON MISSISSIPPI STREET DURING P.M. PEAK PERIOD (4:00 - 6:00 p.m.) Total right turns from two driveways to west on Mississippi Street - 45 vehicles Of these 45 vehicles, - 31 (69%) made right turn at west driveway with no problem - 5(11%) made right turn at west driveway after waiting for westbound traffic to clear - 9(20%) made right turn at east driveway to avoid delays at west driveway RECONIl�IENDATION: Relocate west driveway 120 feet to the east (increase queuing distance by 80 percent) in order to enhance quality of traffic operations on driveway. 26.24 BENSHOOF & ASSOCIATES, INC. TRANSPORTATION ENG�NEERS AND PLANNERS 7301 OHMS IANE, SUITE 500 / EDINA, MN 55439 /(612) 832-9858 / FAX (612) 832-9564 October 22, 1997 REFER TO FILE: 9%-%S TRIP GENERATION CHARACTERISTICS FOR PROPOSED WALGREEN'S STORE AT UNIVERSITY AVE. N.E. AND MISSISSIPPI STREET P.M. PEAK PERIOD TRIP GENERATION FOR EXISTING DEVELOPMENT Entering Trips West driveway East driveway Total Exiting Trips West driveway East driveway Total P.M. Peak Hour P.M. Peak Period �4:00 - 5:00 p.m.) �,4:00 - 6:00 p.m.) 16 21 37 19 9 28 30 40 70 36 15 51 PROJECTED P.M. PEAK HOUR TRIP GENERATION FOR WALGREEN' S Entering trips -(3.16 trips/1,000 sq. ft.) x 13.9 Exiting trips -(3.04 trips/1,000 sq. ft.) x 13.9 Total - � � 44 42 86 NET INCREASE IN P.M. PEAK HOUR TRIPS AFTER WALGREEN'S Entering trips - 7 (44 - 37) Exiting trips - 14 (42 - 28) Total - 21 26.25 10/22/97 13:50 FAX 612 754 3532 ANORA CO HWY DPT l� 001/002 e P r� h ��:.��1 , �46�� " �P �hN! ti JANE K. PEMBLE Tra�c Engineer October 21, 1997 Barb Dacy City of Fridley 6431 University Avenue NE F�idley, MN. 55432 RE: Site Plan Walgreens Dear Barb: COUNTY OF ANOKA Pubiic Services Division HIGHWAY DEPARTMENT 1440 BUNKER LAKE BLVD NW, ANDOVER, MINNESOTA 55304 (612) 754-3520 FAX (612) 754-3532 We have reviewed the site plan for Walgreens to be located north of CSAH 6(Mississippi Bivd.) and east of TH 47 (LJniversity Avenue) within the City of Fridley, and I offer the following comments: Existing right-of-way adjacent to CSAH 6 should be adequate for future reconstruction purposes. We wili permit one access onto CSAH 6 for this site, and it is to be located at the existing median break, where a short left turn lane was constructed when this section of Mississippi Blvd. was previously rebui(t. We would prefer that the access be of a concrete apron-type design. The maximum allowable access width is 32 feet. If concrete curb and gutter radii are to be constructed in lieu of a concrete apron, a maximum of I S foot radii will be allowed. It appears that all applicable Sight Distance requirements can be met for this site. The City and the Devetoper shal! ensure that the development of this site wili not include any landscape features that will obstruct intersection site distance at any access location. Since this site is adjacent to a tnlnk highway, State Statutes require that the Minnesota Department of Transportation review these plans as well. Calculations must be submitted along with a grading and erosion contro! plan that delineates the drainage areas. The post-developed rate of discharge to CSAH 6 shall not exceed the pre- developed rate of discharge for the 10-year, 24-hour storm uti(izing the "Rationale Method" of design to detennine the rate of discharge. An access permit artd a permit for work within the County Right-of-Way is required and must be obtained prior to the commencement of any construction. Contact Roger Butler, T�affic Engineering Coordinator for this department, for further infonnation regarding the permit process. 2s.zs Affirmative Action / Equal Oppo�tunity Employer 10/22/97 13:51 FAX 612 754 3532 __ ANORA CO HN'Y DPT C� 002/002 -2- Thank you for the opportunity to comment. Any permanent traffic control changes associated with this development wi11 require fi�rther review upon receipt of fina! plans. Feel free to corttact me if you have any questions. Sincerely, � � Jane Pemble Traffic Engineer xc: Roger Butler, Tra�c Engineeri�g Techniciart xc: Mike Kelly, Chief Right-of-Way Agent xc: Skip Anderson, County Surveyor xc: Sherry Narusiewicz, Mn/DOT Planning (Water's Edge) dmh/1 WALGREENS 2s.27 City of Frialey , � �voE OF.TNE CITY OF;FA MINNESOTA BY M�1� CHANCsE IN ZONING DISTRI The Council of fhe C(fY':pE does ordaidas tollows; SECTION 1. Apperyix p � Code of Fridley is tsm� hereinafter indicafed. st pulations adopted af th�� cil mce�lny of June 181990 ", SEtT10N "2. The tra�y,� wtfhin the CWnty ofA�o,k r� Cify bf Fr(dley and descri6�d Lot 9, Block 2, Rice Creek�� Plat 1 from R-1, Sinqle Family ��9. to 5-2, Redevelopment L ' __— _. — -- ihe same being 355 Mississippi,; N.E.; and Lot 12, Blxk 3, Rice Creel� �� Plat 2 from R•1, Single Fam]I� in9, fo 5-?, RedevelopmenX;.D� the same being 368 • bbtti. ^y N. E.: and _ ;:=., � Lots 10.1t and 12. Block;:;2; Creek Terrace , Plat 1, excRp Soufh 30 feet fhereof, accariliN¢ recorded plaf f�ereof on Hlti� record in the office W ihe Cd� corder�.-Anoka Counfy, M�rp1i and Lo�s� 13- U, 15 and 16; ;Alc Rice.Creek Terrece Plaf 2,:accC to fhe �ecorded plat thereof on and W record in ihe oHite'o Counfy Recorder, Anoka Co Minnesota, from Rq, Sinyle F. Owellinp, and C-1, Local Busine S-2, Redevelopment Disfrict; same being 6525 Universi4y Av N.E. Is hereby designated tolb2.:.p Zoned Disirict S-Y (Redevelopi Disirict). . - •?;:,��; SECTION 3. That the Zaitnq minisirator is directed to cfi5il� official zonin9 map to 'shoW . trocts or areas to be reioneil,��i Zoned Disirict R-1 (Singie Fa Dwelling) and C-1 (LOCaI Busines S-2 ( Retlevelopment District). -�. PASSED AND ADOPTED,BY,,,� CITY COUNCIL OF THE CtTY. FRIDLEY TH159TH DAY OF..fL 1990. WIlL1AMJ.NEE•-,MAYOR "� ATTEST: . � -- �-.. CLERK Public Hearing: June 4, 1990 First Read'mg: June 18,1990 . : Second Reading: JuIy9,1990 '`' Publication: July 18,1990 � ... � Republished: August 1,1990 Republished to correct ; S Reading date--incorrectly' pul as July 10.1990. (Published in ihe Fridley Aug.151,1990). 26.28 ANOKA COUMY REGIONAL RAILROAD AUf�10R�TY (ACRRA) P� nnc�►un, a,�rt�an nnarc�aret Lar,gfeld, Vice a-�im�er, Dan Ert�,ut Bob &m�n N�dal'�e He� StefFen Jm A t�rd'�ak tvick Cen�lco June 14, 1990 The Honorable William Nee Mayor, City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 Dear Mayor Nee: I am writing today in response to the Fridley City Council's request for clarification on the Anoka County Regional Railroad Authority's intention on the proposed Mississippi Street Light Rail Transit (LR� station location. As you are aware, the Anoka County Rail Authority has been working with the City of Fridley to analyze potential light rail transit station locations at Mississippi Street. This station will provide access from the Fridley area to the regional LRT system and improve transit service to the entire Fridley city area, the business and commercial area surrounding the station, and to the City Offices. The proposed LRT track location on the east side of University Avenue and the current land uses around the intersection favor location of a station on the east side of the intersection. At the City of Fridley's request, the Anoka County Regional Railroad Authority has been working with the City and the developer to identify a station location and design in the northeast quadrant that can accommodate the functional needs of the LRT station without conflicting with private development opportunities in downtown Fridley. We are also analyzing the potzntial of a light � ail :; ansit station and parking in the southeast quadrant of this location. Although the final decision of whether a LRT station will be located in the Mississippi area will not be made for several months, let me assure you that it is the Anoka County Regional Railroad Authority's intent to follow the requests and the wishes of the City of Fridley. I would like to take this opportunity to clarify the Anoka County Rail Authority's action to date regarding the Mississippi station. The City of Fridley, in January of this year, requested that the Rail Authority consider the alternatives of constructing a LRT station in the northeast quadrant � � Telephor�e (61 � 421 �F760, e�ension 1171; Fax (61 � 422 7511 Ar�olca Cou'xY Ca.�ho�.� Aci�riistr�a6on Offio� 325 E Main Sti'e� Ar� MN Sa� 26.29 June 14, 1990 Page 2 which would have the least impact upon the City of Fridley and its school district. After analyzing the various alternatives, the Rail Authority voted to authorize the Railroad Authority chairman to enter into negotiation for the acquisition of an easement to include 21 feet of the south 51 feet of the following-described properties: Lots 9, 10, 11 and 12 of Block 2, Rice Creek Terrace, Plat 1. This option would take approximately 31 parking spaces at the south portion of the development abutting Mississippi. This easement would provide for a drop-off area for buses and vehicles and some limited parking. As you can see by this action, the Rail Authority is only considering a drop-off area for buses and vehicles and some limited parking should a LRT station be located in the northeast quadrant. I hope that this letter will clarify the Anoka County Regional Railroad Authority's direction; and as always should you have any further questions, please do not hesitate to, contact me. Sincereiy, C�^� � C 1�� Paul McCarron, Chair Anoka County Regional Railroad Authority PM:Ip cc: Nancy J. Jorgenson, Councilperson at Large Steven E. Billings, Councilperson, Ward 1 Dennis Schneider, Councilperson, Ward 2 Ed Fitzpatrick, Councilperson, Ward 3� Barbara Dacy, Planning Coordinator Tim Yantos, Deputy County Administrator 26.30 Scott L. Barrett 357-66th Avenue NE Fridley, MN 55432 612-572-8791 Semper Deve%pment Ltd 600 Foshay Tower 821 Marquette Avenue Mpls, Mn 55402 Fax: 612-332-2428 John Kohler, With the conclusion of our meeting of September 30, 1997, you Jeft my wife and myself with a very good idea of what the amendment of 6525 University Avenue NE �1l /ook like if the proposed plan is approved by the city of Frid/ey. With the following changes that the residents of this neighborhood have requested of Semper Development Ltd. tnstalling a 6 foot +wood fence on the north and east sides of the parking /ot of the proposed plan. Insta!ling the fence as close as possible to the parking lot. Eliminating parking area on north and east sides of /ot(just dotting in that you could actually put those spots there). Substituting another type of tr�e instead of willows on the north side. Placing additiona/ pines on the north side of the /ot Lighting shall be placed so it is shielded from the residential area. With these proposed changes, we ar�e in favo� of Semper Deve/opment LTD to 6uild the proposed plan, a 13000 square foot Wa/greens store instead of the Previously Approved deve/opment pian. Residents of Frid/ey Scott L. Barrett Annette Barrett cc: City of Frid/ey 26.31 Ei�9�n..ur�.�� y �ewe� � Y W:�tci 2 ¢O c�a�M, O � S��cecs Uc� rne��i�oA��c�� w� Qm o� a MEMORANDUM TO: Michelle McPherson, Planning Assistant PW97-252 FROM: Jon H. Hau�Assistant Director Public Works DAT`E: September 23, 1997 SUBJECT: Walgreen's Submittal Comments The location and size of the east entrance must be verified and approved by the Anoka County Highway Department. The bituminous path on the west side of the property along University Avenue must be maintained or replaced at a minimum of 8 ft in width. The silt fence must be installed and maintained entirely outside the limits of grading. A pernut will be required from Mn/DOT if the grading extends into the University Avenue right-of-way as shown on the grading plan. The location of the eacisting water and sanitary sewer services should be noted on the plans. The domestic service should be wyed off in the boulevard and the curg stop must be located at the right- of-way line. 26.32 j�.�,�, �� _ CITY OF FR[ DLEY FRIDLEY M[JMCIPAL CENTER • 6=i31 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(612) 571-3450 • FAX (612) 571-1?R7 June 20, 1990 Scott Ericson Fridley Town Square Associates 4735 Hiawatha Avenue Minneapolis, MN 55406 Dear Mr. Ericson: This is to confirm that the City Council approved for first reading an ordinance approving the rezoning request, ZOA #90-02, to rezone Lot 9, Block 2, Rice Creek Terrace Plat 1, Lots 12 through 16, Block 3, Rice Creek Terrace Plat 2, and Lots 10 through 12, Block 2, Rice Creek Terrace Plat 1, from R-1 and C-1 to S-2, Redevelopment District, based on the following 17 stipulations: 1. The development shall be constructed in accordance with site plan dated March 8, 1990, as represented in ZOA #90-02. 2. The landscaping plan shall be revised to include: a. six American Lindens along the north lot line; b. Honey Locust trees shall be replaced by Aackberry trees; c. Annabel Hydrangea species shall be replaced with rosa rugose. 3. The petitioner shall pay park dedication fees prior to issuance of the building permit. 4. Storm water management calculations shall be submitted prior to issuance of the building permit. 5. All rooftop equipment shall be screened from view from the public right-of-ways. 6. The petitioner shall obtain development contract approval from the HRA. 26.33 Scott Ericson June 20, 1990 Page 2 7. The petitioner shall execute a maintenance agreement for the landscaping and parking areas. 8. No automotive service uses, car sales, or other outdoor repair/display uses shall be permitted. 9. The City shall have the right to review each use within the center to determine whether or not it is consistent with the intent of the Center City Redevelopment Plan. 10. The site plan shall be revised to provide one 18 foot entrance lane and two 12 foot exit lanes. 11. Shared parking and access easements shall be provided on the property for LRT kiss-and-ride traffic, and specifically along the east and south lot lines. 12. All lighting shall be shielded such that the glare does not adversely affect residential properties. 13. All parking and driving areas shall be lined with concrete curb. 14. Al1 dumpsters shall be screened in accordance with the City's ordinance. 15. Underground irrigation shall be provided to landscaped areas. 16. A comprehensive sign plan for free-standing and wall signs shall be submitted for review and approval by the City Council. 17. The HVAC and odor venting shall be designed with all possible design features and equipment which is economically available to eliminate to the greatest extent possible any odor emissions from the shopping center or its individual tenants, and proper venting will be provided for all odors caused by the shopping center or its individual tenants. Venting for specific odor causing tenants such as restaurant or dry cleaning shall be routed to the most westerly point of the shopping center building before being released to the open air. Further, the City Council requested that you work with the adjacent property owners at 370 - 66th Avenue and 365 Mississippi Street regarding a revised landscape plan along the common boundary line. Please keep us informed as to when you are to meet with these property owners. Also, please prepare a revised landscape plan based on your conversations. Further, you should incorporate into 2s.34 Scott Ericson June 20, 1990 Page 3 that revised landscaping plan the comments recommended by staff and contained in stipulation #2. Finally, the landscaping alon.g MississitiAi Street should be installed as close to the property line as tiossible to not only provide for snow storage but to accommodate a future parking lot expansion by the Anoka Countv Reaional Rail Authoritv � Although the City Council and the Mayor mentioned at the meeting that the second and final reading of the ordinance approving the rezoning would be scheduled in two weeks, we will not schedule the second and final reading until the development contract has been approved by the HRA and executed by the responsible parties. Further, as much of the stipulations as possible shall be completed prior to final approval by the City Council. I will provide you with a sample maintenance agreement that your attorney can review and we can discuss. Also, the draft easement documents for the LRT usage also need to be prepared. Please have The site plan submitted for building permit issuance should contain the details and adjustments as required by stipulations #5, #10, #12, #13, #14, and #15. Please allow yourself adequate time for review of the comprehensive sign plan by staff and the City Council prior to opening of the center (stipulation #16). The building plans should reflect stipulation #17. Should you have any questions, please feel free to contact me. Jock Robertson will be contacting you shortly regarding the schedule for the development contract approval. Sincerely, Barbara Dacy Planning Coordinator BD/dn C-90-364 cc: Jock Robertson Tim Yantos Frank Reese 26.35 � ; _ C�TYOF FRIDLEY FR[DLEY MUWC[PAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(612) 571-3450 • FAX (612) 571-1287 CITY COUNCIL ACTION TAKEN NOTICE February 27, 1991 Fridley Town Square Associates Tom Schuette and Scott Ericson 4735 Hiawatha Avenue Minneapolis, MN 55406 Dear Mr. Schuette and Mr. Ericson: On February 25, 1991, the Fridley City Council officially approved your request for an amendment to the adoption of the redevelopment plan for Fridley Town Square Development, to consider adding a drive-through window for a fast food restaurant on the west side of the proposed building. The properties included in this redevelopment plan are 355 Mississippi Street, 368 - 66th Avenue, and 6525 University Avenue, with the following stipulations: 1. The screening wall shall be extended to University Avenue. The landscaping plan shall be revised to add additional Evergreens along 66th Avenue and Ivy plantings along the wall. A three foot continuous hedge and trees for every 50 feet of driveway should also be provided along University Avenue. 2. A lighting plan should be submitted and approved in conjunction with the building permit application. 3. A pavement marking plan delineating drive-through and loading traffic shall be submitted in conjunction with the building permit application. A"no parking - loading only" zone should be striped along the rear of the building adjacent to the Walgreen's use, and along the east side of the building. 4. The decibel level of the order box should be at a level where its noise is not audible from residential properties to the north. 5. Construction details of the odor venting system shall be submitted in conjunction with the building permit application. Venting for the fast food restaurant shall be routed to the westerly point of the building before being released to the Zs.3s Fridley Town Square Associates February 27, 1991 Page 2 open air, consistent with the original approval in June of 1990 (stipulation #17). The petitioner shall install a double baffle filtration system. 6. The property owner shall work with the Anoka County Regional Rail Authority to provide pedestrian connections where appropriate into the site, including striping or sidewalks. 7. Walgreen shall submit in writing and prohibit loading/unloading activities 2:30 p.m., and 4:30 p.m. and 5:30 p.m. 8. 9. submit to the City, to between 11:00 a.m. and No other restaurants shall be allowed in this development project without the consent of the City. An 8 foot wall shall be constructed around the project and extended to University Avenue. 10. A striped walkway from the bikeway/walkway across the driveway to the front of the building and signage indicating the bikeway/walkway shall be included as part of the project. il. The 17 existing stipulations approved in 1990 shall remain in place. 12. The developer shall commit to the landscaping on the two properties immediately east of the project in the same magnitude as agreed to in 1990. 13. The developer acknowledges that, the current traffic study and the most recent preliminary plans for improving Mississippi Street notwithstanding, the appropriate government bodies reserve the right to change and alter the alignment of the roadway. This may include extending the raised median and allowing no left turn into or out of this project. The developer is encouraged to make this information known to all tenants. 14. 15. The developer shall escrow $10,000 six months after occupancy for a period of two years. There shall be a site review by,City staff and the developer each six month period during the two year escrow period. 16. The City may correct any violations of stipulations, not corrected by the developer to the satisfaction of the City, within 30 days after notice to the developer. 17. The City staff shall have the absolute right to request a traffic study after one year to be funded by escrow money and, 26.37 Fridley Town Square Associates February 27, 1991 Page 3 if there are traffic problems,. as determined by the study, modifications on the developer's property, as needed, shall be paid for by the developer. If you have any questions.regarding the above action, please call the Planning Department at 571-3450. Sincerely, Barbara Dacy, AICP Community Development Director BD/dn Please review the noted stipulations, sign the statement below and return one copy to the City of Fridley Planning Department by March 13, 1991. � 2s.38 Concur with action taken CITY OF FRIDLEY PROJECT SUMMARY DESCRIPTION OF REQUEST• The petitioner, Todd Bachman, requests that the north 169 feet of Lot 2, Block 1, Walton Addition be rezoned from C-2, General Business to C-3, General Shopping Center district. This request , if approved, will comply with the stipulation on plat approval, P.S. #97-02, Walton Addition, which was recently approved by the City Council and completed by McCombs, Frank, Roos on behalf of Wal-Mart. The rezoning is in conjunction with a plat and special use permit request for a 25,000 square foot retail facility. SUMMARY OF ISSUES: The rezoning request meets the three evaluation criteria used to evaluate rezoning requests. The criteria include: 1. Compatibility of the proposed use with the proposed district; 2. Compatibility of the proposed district with adjacent uses and zoning; and 3. Compliance of the proposed use with the proposed district requirements. PLANNING COMMISSION RECOMMENDATION• Staff recommended that the Planning Commission recommend approval of the rezoning request to the City Council. I PLANNING COMMISSION ACTION• The Planning Commission unanimously concurred with staff's recommendation. � CITY COUNCIL RECOMMENDATION• Staff recommends that the City Council concur with the Planning Commission action. 27.01 Project Summary ZOA #97-08, by Todd Bachman 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 from C-2, General Business to C-3, General Shopping Center 8200 University Avenue N.E. North 168.84 feet of Lot 2, Block 1, Walton Addition 2 acres, approximately Flat Heavily wooded with oak trees, other native vegetation Lot 2, Block 1, Walton Addition Located in West University Avenue Service Drive West University Avenue Service Drive University Avenue bikeway Regional pond The zoning and Comprehensive Plan are consistent in this area. To be taken. 27.�2 Project Summary ZOA #97-08, by Todd Bachman Page 3 WEST: TH: EAST: N R H: ADJACENT SITES: Zoning: M-2, Heavy Industrial Zoning: C-3, General Shopping Cntr Zoning: Spring Lake Park Zoning: C-2, General Business Site Planning Issues: 12EQUEST Land Use: Multi-tenant industrial Land Use: Retail Land Use: Multi-tenant commercial Land Use: Assembly/restaurant The petitioner, Todd Bachman, requests that the north 169 feet of Lot 2, Block 1, Walton Addition be rezoned from C-2, General Business to C-3, General Shopping Center district. This request is to comply with the stipulation on plat approval, P.S. #97-02, Walton Addition, which was recently approved by the City Council and completed by McCombs, Frank, Roos on behalf of Wal-Mart. SITE DESCRIPTION/HISTORY The subject property is located south of and adjacent to Moose Lodge #38. The property has been vacant since the incorporation of the City and is currently heavily wooded. The variety of native plant materials are predominantly oaks and maples. This lot was originally part of the Caba Realty 1St Addition which was platted in 1978 (Lot 2, Block 1). This property was recently incorporated into Walton Addition as part of Lot 2, Block 1. ANALYSIS There are three criteria which are used to evaluate all rezoning requests. Those criteria are: compatibility of the proposed use with the proposed district; compatibility of the proposed district with adjacent uses and zoning; and compliance of the proposed use with the proposed district requirements. 27.03 Project Summary ZOA #97-08, by Todd Bachman Page 4 Compatibility of the proposed use with the proposed district The petitioner, Todd Bachman, is Chair and Chief Executive Officer of Bachman's, Inc. They propose to use the subject property as part of a 25,000 square foot garden center facility. Retail facilities are permitted in the C-3, General Shopping Center district. Garden centers or nurseries which require outdoor storage and sales require a special use permit. The petitioner is processing a special use permit for the garden center. The use, therefore, is compatible with the proposed district. Compatibility of the proposed district with adjacent uses and zoning Currently, there is C-3, General Shopping Center district zoning directly south of and adjacent to this property proposed �o be rezoned. C-2, General Business zoning is north and east of the property, and M-2, Heavy Industrial zoning is located to the west. The C-3, General Shopping Center District zoning is the most intensive retail district located in the City. It is a"bridge" between the less intensive commercial districts and the industrial districts. The rezoning of this parcel to C-3, General Shopping Center district would further expand the General Shopping Center district zoning in this area. This zoning is compatible with the adjacent uses and zoning. Compliance of the proposed use with the proposed district requirements Staff has reviewed the Bachman's proposal for compliance with the C-3, General Shopping Center district requirements. The petitioner has submitted a site plan, landscape plan, grading and drainage plan, and lighting plan. Zoning Code Requirements The proposed site plan indicates a 25,000 square foot retail building, a 7,000 square foot greenhouse, and a 66,000 square foot outdoor sales and storage area. The setback requirements have been met at both the building and parking areas. The proposed lot coverage will be 10% and the petitioner is proposing 245 parking spaces; 195 constructed and 50 as "proof of parking". Staff has determined the number of parking spaces as follows: retail floor area; 19,112 square feet (127 spaces) offices; 3,152 square feet (13 spaces) storage; 2,736 square feet (1 space) greenhouse; 7,000 square feet (47 spaces) outdoor sales and storage; 66,175 square feet (33 spaces) 27.04 Project Summary ZOA #97-08, by Todd Bachman Page 5 The totat number of spaces required by code is 222. There are 245 spaces including the proof of parking. Landscaping The landscape requirements of the zoning code would require 46 trees. The petitioner is providing larger specimens than required by code, therefore, they are allowed a 25% reduction in the number of trees required. This reduces the total required to 34 trees. The plan indicates 27 trees; 30% are evergreen. There are a number of trees which will be preserved along the north portion of the site in excess of the four caliper inches. This provides additional credit. The landscape plan provides the required number of trees. Parking lot screening is provided in the form of a hedge along the right-of-way of plant materials in the parking lot islands. The landscape plan provided meets the code requirements. Drainage A joint detention pond is located on Outlot A, Walton Addition. This pond has been reviewed by the Engineering Department and is adequately sized to retain water generated by the Sam's Club, the proposed Bachman's site, and the proposed Outlot which is located in the front of the Bachman's facility. Lighting The petitioner's lighting plan indicates finro styles of lighting; the first is decorative lighting located along the front facade of the proposed facility. These lights are nautical in nature and have shepherd's hook type poles. The second type of light is located in the parking area and is a typical shoebox type light which will have a height of approximately 15 - 25 feet. The petitioner's lighting plan indicates that the light generated from the parking lot will not extend beyond the property line of the subject parcel. Building Materials The building is proposed to be constructed of two types of rock face block and/or brick. Rock face block will create the base of the structure with either a second type of rock face block or brick composing the body of the building. A glass atrium will extend the width of the building from front to back at the main entrance location. A second glass atrium is over the garden center entrance. The front glazing on the atrium entrance and the garden center entrance as well as the front of the greenhouses themselves will be tinted green. The metal flashing around the glazing will be an antiqued copper metal, as well as the flashing at the top of the building. Also used will be a spectra-glazed tile 27.05 Project Summary ZOA #97-08, by Todd Bachman Page 6 insert to provide green accents in the facade of the building as well as behind the signage area. PLANNING COMMISSION RECOMMENDATION• The rezoning request meets the three evaluation criteria. Staff recommended that the Planning Commission recommend approval of the rezoning request to the City Council. PLANNING COMMISSION ACTION: The Planning Commission unanimously concurred with staff's recommendation. CITY COUNCIL RECOMMENDATION: Staff recommends that the City Council concur with the Planning Commission action. 27.06 . � zoning oesig,a6ms: [� F�1 - One f�rriily Urris � t�z - rwo Farriy urits 0 R 3- General M�tipe tkrts 0 Fi 4- AAobile Hane Parks � PlA - Plarried Urrt DeoEloprt�erd S�1 - Hyde Park Neighborhood � sz - �,�,c a�c � G1 - Lacal Business � G2 - General Business � G3 - General St�ping � GR1- Ger�e+al Offioe � nn�, - � i�sm� � nM2 - H�vv �ndustria� nn-s - andoor i�e� �„y ir,a � RFt - Fialroads 0 P - Rblic Facilities p w�ar� � PoGFiT-OF WAY ZOA 97-08, Rezoning Reques I A request by Todd Bachman of Bachman's to rezone property from G2 General Business to C-3, General ShoPpin9 Center. To allow oonstruction of a Bachman's retail stor�7,07 � �� f f O�r�ir�ano�e N� a�Zon�'ng �� d� �m�s oo�cr,�w�u, �i or� anoes adopGed and effective as oF?J1 197. 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S! i. ..............ese....ee I_ �i��eeeie ':=ii9138!!i � i p1+AA: /a:l95tili1M15! ! ..................... _ e. ............IE:�t�ys A � Ilt��lltttf9t��Mtf�!!!!!q � p 4 d�!leea9??::33ifM,ii!!1 ! � � ! ! � � y°- ! � s:IrAii5135136iiiiiiASt � '� � � � � � 6 �s� �E� 9899l69e �� u=euusuun"'.._.... � L� � �e k� k� ! � '- ea:u...e� �i � �..�.-----.�..-.�.: :� i�� , — � 1'Q � n:?L� `� �r,E'o �� I �E F E E E t E E � . E 11r' IRf.�. :�f �� \T' � S$' � � �� _� �� _—" �-_' _� YryI � , . � � ` �� _ �� '__—� � �� _. . .s---i--f � : : � e �/ 1 _ � � O _ N � � -c—Z, MEMORANDUM DEVELOPMENT DIRECTOR DATE: October 23, 1997 TO: William Bums, City Manager �� FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Julie Jones, Planning Assistant/Recycling Coordinator SUBJECT: Public Hearing on Proposed Increase in SWAP (Recycling Service) Fee '� -• � On July 28, 1997, the Fridley City Council discussed the p d 1998 Solid Waste Abatement Program (SWAP) budget. The total proposed cost for all SWAP funds was $414,452. Total SWAP related revenues, which included a$2/quarter Recycling Service fee increase on residential City utility bills, totaled $398,126. This left a gap of $16,326, which was far less than the original projected gap of $113,874. The Clean Up Days budget was eliminated, and, instead, coltection of appliances, scrap metal, and fluorescent lamps was added to the Recycling Center at no additional cost. Staff was also directed to continue to seek ways to reduce costs at the Recycling Center. The City Council will also be reviewing RFP's for the Recycling Center operations on October 27. Review of the proposals show costs that are closely in line with staffs earlier projections for the 1998 budget. Two sections of City Ordinance must be amended to allow for the fee increase. The proposed rewording of Section 113.07 and Section 11.10 are attached. The SWAP fee was last increased four years ago in 1993. Since the City Council is considering fee changes, this is also an appropriate time to clarify the fees for multi-unit buildings over 12 units on the City program. Staff does not foresee a problem with continuing to provide this option as long as the ordinance is amended to allow the City to recover its costs. Owners would still have the ability to contract privately with a private provider. 28.01 Increase in SWAP Fee October 23, 1997 Page 2 RECOMMENDATION: Staff recommends that the City Council increase the SWAP fee on City utility bills from $4/quarter to $6/quarter on single family houses and multiple dwellings up to 12 units. Regarding the over 12 unit building multi-unit charge, staff recommends that the City amend the ordinance as shown on the next page. This new language would allow the City to charge whatever is the current contract price for service. Since the existing ordinance language states that multiple dwellings of 13 or more units may be certified for service under the City contract, staff would need to bring any such new requests before the Council for approval. JJ/ M-97-449 28.02 ORDINANCE NO. AN ORDINANCi3 AMI3NDING CHAPT$R 113, BNTITLED "SOLID WAST$ DISPOSAL AND R$CYCLING COLL$CTION", BY AMENDING SBCTION 113.07, AND ALSO AMSNDING CHAPTSR 11, ENTITLBD "GENERAL PROVISIONS AND FSES". BY AM$NDING SECTION 11.10, �FFs$S" 113. SOLID WASTE DISPOSAL AND RECYCLING COLLECTION 113.07. SOLID WASTE ABATEMENT PROGRAM FEE Effective �d��re�:ia� �, ��3, with the January 1998 bil]incr the City of Fridley shall begin charging residential dwellings of one to four units �n �-4�A se� ��'r r��e�—g�ee�ve �T�a�e�TZ443, ��3e �'' �1 "'"�" �'-y � ^'��'�� multiple dwellings of 5- 12 units S6 . 00 �er uni er �uarter �r�� ultiple dwellings of 13 or more units certified for service under the City's contract for recycling services �-4--�6 will be charged the current contracr �rice which the City is charaed bv a private contractor to provide multi unit recyclina servic?R ��Y ;�- Y�v �,r�.�, This fee shall be charged in conjunction with the utility billings as administered by the Finance Department. This fee shall be called the Solid� Waste Abatement Programming Fee. This revenue shall be placed in the Solid Waste Abatement Fund and shall be expended on solid waste programming activities. These activities include the curbside collection of recyclables for residential dwellings of one to four units, recycling services to multiple dwellings of 5- 12 units, and other multiple dwellings of 13 or more units certified for service under the City's contract for recycling services, the purchase and distribution of curbside recycling containers, a drop-off redemption center for recyclables, a yard waste transfer center, and other special abatement activities as authorized by the City Council. , 11. GENERAL PROVISIONS AND FEES 11.10. FEES License and permit fees shall be as follows: 28.03 Page 2 - Ordinance No. CODE 113 SUBJECT Solid Waste Programming FEE ��9 56.00 per residential dwelling of 1-4 units and per multiple dwellings of 5 - 12 units. Multiple dwel��ngs of 13 or more units e� M=== certified for service under the City's recycling services contract will be charged the current �nnr_ract rate which the ity is �aying a �rivate ��r�ractor to provide the service. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1997. ATTEST: WILLIAM A. CHAMPA - CITY CLERK Public Hearing: First Reading: Second Reading: Publication: NANCY J. JORGENSON - MAYOR October 20, 1997 28.04 u MEMORANDUM PLANNING DIVISION DATE: October 23, 1997 TO: William Burns, City Manager e�� FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Proposed Ordinance Regulating Wireless Communication Facilities Background After significant review by the advisory commissions, the City Council directed staff to prepare an ordinance regulating wireless communication facilities based on a site- specific approach. The City Council also retained a law firm specializing in telecommunications to review the ordinance and to assist the City in its preparation. Since preparation of the original draft of the ordinance, Mr. Mendoza and Mr. Adrian Herbst from Fredrikson & Byron have reviewed the ordinance and have made significant improvements to the ordinance. The gist of their suggestion is for the City to create an overlay zone (similar to the overlay zones for flood plain and shoreland regulations) for telecommunication sites. Advisory Commission Action On Wednesday, October 15, 1997, the Planning Commission recommended approval of the ordinance draft dated October 15, 1997 (attached). The Cable Television and Telecommunication Advisory Commission reviewed an earlier draft on September 16, 1997. No specific wording changes were suggested. The Cable Television and Telecommunication Advisory Commission directed staff to ensure that adequate fees are being charged to recover the City's costs. Staff is still researching this issue. 29.01 Proposed Ordinance Regulating Wireless Communication Facilities October 23, 1997 Page 2 The Parks & Recreation Commission reviewed the initial draft of the ordinance on October 6, 1997. The Commission was agreeable to the ordinance as long as site plan review is reserved for them if wireless facilities are in park sites (the ordinance requires Commission review). An informational hearing was conducted on June 4, 1997, by the Planning Commission regarding the municipal sites. At the hearing, comments were received regarding two sites along Cheri Lane. Those sites were subsequently removed from consideration. The thought process behind the informational hearing was to "pre-approve" sites during the moratorium in order to speed the process for providers to locate facilities on these sites. Site Selection Criteria The City retained a consultant to help identify appropriate sites. The criteria used to select sites were as follows: Minimize intrusion into a residential area. (Although it is recognized that these facilities can still be seen from a residential area, the goal was �to avoid locating wireless communication facilities in a residential area.) 2. Locate the facilities in conjunction with an existing structure such as a water tower in order to minimize the amount of visual interruption on the horizon. 3. Provide adequate site areas to accommodate the equipment which is required to serve wireless communication facilities. 4. Find sites which will help maximize screening and site line relief. 5. Provide adequate coverage and variety for the telecommunications industry. ' ��• -� • � The ordinance is structured to permit telecommunication facilities on "approved sites" as a permitted use. Telecommunication facilities are also allowed as special uses in industrial districts. The City-owned sites are the three water tower sites, the Recycting Center site, Community Park, Edgewater Park, Commons Park, and Wellhouse No. 13 at 51 S' Avenue and East River Road. The remaining sites are located in the vicinity of Onan Corporation, Totino Grace High School, All Temp Storage on the west side of Main Street south of I-694, the water tower facility at United Defense, Agro-K, and the vacant land at 61 St Avenue and Main Street. 29.02 Proposed Ordinance Regulating Wireless Communication Facilities October 23, 1997 Page 3 The privately-owned sites listed in Exhibit A of the ordinance have been selected based on the criteria discussed earlier, but they were not part of the previous informational process. The City will need to complete this process in the next 90 days. '- • 1 - �. • The proposed ordinance and approach to regulating wireless communication facilities protects residential areas, minimizes the visual impact of these facilities, and updates the City's ordinances regarding these facilities. . The moratorium expires at the end of 1997. The City Council should conduct the public hearing on October 27, 1997, and identify any changes which should be addressed prior to first reading on November 10, 1997. In order to enact an ordinance prior to the expiration of the moratorium, the process as outlined must be implemented. BD:Is M-97-447 29.03 10/15/9? WED 20:58 FA.Y 6129477077 FREDRIKSON 8: BYRON AN ORDINANCE A�MENDING CHAPTER 205 OF THE CODE OF ORDINANCES BY ENACTING A NEW ARTICLE , TO BE ENTITLLD "TELECON111�UNICATIONS TOWBI2S AND FACILITIES". � WI�R.EAS, on February 8, 1996, Congress enacted the federal Teleco�nmunications Act of 1996, P.L.1�1'0. 104-104, to deregulate the telecommunications industry, providing a more competitive envizonment for wired and wireless telecommunication services in the United States; �i�REAS, a coxacomitant effect of increased competition in the market for wireless telecommunications services is an increased demand for antenna sites on Towers and other Antenna Support Structures necessary for providing wireless service via existing and new technoloo es; Wl�EREAS, the Telecommunications Act of 1996 preserves the authority of the City to regulate the placemer�t, const�uction,.and modification of Towers, Antenna Support Structures, and Wireless Telecommunications Facilities, as hereinafter defined, in order to protecl the healch, safety, and welfare of the public; and �� WHEREAS, the City solicited industry comment regarding the Ordinance in order to �acilitate indl�stry input and suggestions concerning the proposed Ordinance and to work through various altematives and possible revisions in order to best accommodate the needs of the City and the industry. NOW, T�EREFORE, BE IT ORDAINED BY THE COUNCIL OF TI-�E CITX OF FRIDL�Y, MINNESOTA, AS I'OLLOWS: SECT'ION 1. That Chapter 205 of the Code of Ordinances of the City of Fridley, Minnesota, be, and lzereUy is, amended by enactin.g a new Article , to be entitled, numbered and read as follows: ARTICLE TELECOI��IUNICATIONS TOWERS �1ND FACILITIES Section �� S?.��1 Purposes. The general purpose of this Article is to .regulate the placement, construation, and modification of Towers and Wireless Telecommunications Facilities in order to protect the health, safety, and wel�are of the public, while at the same time not unreasonably interfering with the development of the com�etitive wireless telecoznznunications mazketplace in the City. Specifically, the purposes of this Artiole aze: 29_04 �002 10/15/97 P9ED 20:58 FA,Y 812��77p77 FREDRIRSON & BYRON ' � � 00� �a) To protect residential azeas and land uses from potential adverse im act oF Towers and Wireless Telecommunications Facilities; P ro) �o minimize adverse visual Telecommunications Faciliries �pa� of Towers and Wueless it�novative camoufla, � �ough carefui desi�, siting, (a�� d gmg techn.iques; (�) To promote and encourage s,hared use/collocation of Towers and existin �t� SuPP°rt Structures as a pri.mary oprion rather than construcrion of additionai singl�,use Towers in order to Towers and Wireless Telec ��Z� �e adverse visual impact of ommunications Facilities; id) To avoid potential darnage to properry caused by Towers arid Wireless Telecommunications Facilities by ensuri.ng that such struetures are soundl carefully designed, constxucted, znodifie y� no longer used or deteinvned to be siruct,�rai.��y un o��docated, and removed when ie) To ensure that Towers and Wire�ess Telecommunications Facilities a�•e compatible with surrounding land uses; �fl To facilitate the provision oF wireless telecornmunications seivices to the residents and bt�sz�esses of the City in a stream�� orderly, and efficient fashion; ig) To encourage the location of Towers in industrial and business dist�icts rather tha,n residential areas. , ili) To enhance the ability of providers of telecommunication services to provide such service to the community quickly, effecrively, and efficiently. ii) To identify specific sitcs Telecommurucations Faci�ibes may be located. �e City where Wireless Section ;--�� 20_�? D�nitions. The %llowing words, terms, ac�d p��es, when userl in this ascribed to them in this Section, except where the context clearly� ll�a�� ere �� meani.ngs nt meanwg; ,,.4ntenna Support Structure" meatls any building or other shvcture � taller other thari a Tower which can be used for location of 'VV'irethless (Te e�e�t � h��t or Facilihes. omr�aunications 'Applicant" rrieans any p�on thal applies for a Tower development permit, 29�5 r�� 10/15/97 WED 20:59 FA% 612347707T FREDRIRSON & BYRON " lication" means the process by wluch the Ownez of a plot of land within �e City submits a APP or erect a Tower upon such land. Application request to develop, construct, build, modify, udes all written documentahon, verbal statements, and I�uestntations, in whatever form or incl concerning such a r q forum, made by an Applicant to the G`iry roved by the City Council as an eligible "Approved Site em nt of wii less commun� ati n£acilities. location for plac "City° means the City of Fridley, Minnesota. "Electrical Engineer" means an Electrical Engin��' licensed by tlie State of Minnesota. ort Stxucture for which a pemut has not been "Exisring Site" means a Tower or Antes�na Supp roved Site. issued prior to the Effective Date, and which is not locaced on an APp �� " means any Person with fee simple htle to any Approved Site, Existing Site, or Wireless Qwner Telecommtulications �'acility "person" is any natu,ral person, firm, P�ership, association, corporation, compa�Y� or other legal entitY, pnvate or puUlic, whether for profit or not for profit. ui ment necessary for �iocessing of traffic received "Sarellite Earth Station Antenna" is all eq p from t errestrial distributions prior to transmission via satellite and of traffic received from the satellite prior to transfer of channels of communication to terrestrial distribution sys ems• "State" means the State of Minslesota. "Structural Engineer" means a structural eng�neez licensed by the State of Minnesota. "Wireless Telecommunicalions Facilities" means any cables, wires, lines, wave g�tides, antezuias, other equipment or facilities associated with the n��ss W� h a per on�seeks and any ) communi�ations (other than zadio or television broadcast communlc to lo cate or have installed upon. or near a Tower or Antenna Suppozt StTUCture. However, the term. Wireless Telecommunications Facilities shall not mclude: �a) Any satellite earth station antEnna two met�ers in diameter or less which is located in an as'ea zoned industrial or commercial, ro) �,ny satel�ite eartti station reception antenna one meter or less in diameter, regardless of zomag category. �� wer" means a self-suppoxting lattice, guyed, or monopole s�ructure constructcd from �de To v�vliieh su ozts Wireless Teleeommunications �aciliries. The term Tower shall not inclu e PP amateur radio operators' equipmex�t, as licensed by the FC . 29.06 3- 10/15/9T WED 20:59 F�LY 6123477077 FREDRIKSON 8 BYRON [� 005 Sectio�a : � �05�3 1Yon-Conforming Uses. (a) Facisting Sites sha11 be considered a legal non-confomung use, unle,.� othe '�e �rovided for in this ha�t��. (b) Installation of additional Wireless Telecommunications Facilities beyond those in existence on the Effective Date of this Ordinan.ce on Existing Sites is prohibited. Failure to comply with this provision will be considered a violation of this Chapter and subject to the penalties described heresn. Routine maintenance of Wireless Telecommunications Facilities on Existing Sites �er-�e�-. '�,..s nermitted except that Existing Sites and any Wireless Telecommunications Facilitles installed on Existing Sites mav not increase in size, heiQht, wei�,b� o�otherwise resnit in a increase in the intensity of the non conforming�; ; (c) If any Wireless Telecommunications Faciliries on an Existing Site aze abandoned for a period of one year, such flxisting Site shall lose its legal nonconformin ; status and shall be considered illebal nonconforming use. T`he abandoned Wireless Telecommunications Pacilities shall not be reestablished on the site, and must be re�noved within twelve (12) rr�onths of cessation o£ operations. If not removed, the City may remove the iacility and assess the costs of removal against the Owner(s). Section�:a 0�5. .4 Wireless Telecommunications Use Districts (a) Telecommunications Overlay Zone. (1) A Telecommunications Overlay Zone (TO) is created and shall apply to a11 land within the City. Within Zone TO, the construction of Towers and the i.nstallarion, operation, ar�d maintenance of Wireless Telecommunications Facilities shall be a pennitted use on the Approved Sites identified on Appendix A to this Ordinance, subject to the provisions of this Chapter. Additional Approved Si.tes may be selected as permitted in the future by the C`ity Coun.cil, subject to ihe provisions of this Chapter. (2) A,11 prix�.cipal, provisional, conditional, and accessory uses allovved in each underlying primary zoning district azc peimitted in the Telecommunications O�verlay Zone, except t}�at no Towers sllall be constructed, and no Wireless Telecommunications Facilities shall be placed on Towers or Antenna Support Structures, except as provided. for in this Chapter. (�) S�ecial usec, The construction of?owers and the i.nstallation, operation, and maintenance of Wireless Telecommunications Facilities shall bc a�ead� ecial use in Zoning Districts Ml, M2, �13, and L14, �nd anv abuttiug railroad ritiht-of-way zones, subject to the City's normal �se��e�. s ecial 29.0? -4- 10/15/9? WED 20:59 FA.Y 612�4770T7 FREDRIKSON 8 BYRON use approval procedures set forth in section of the Code. Sections 205. Of the Code are hereby amended accordingly. $ection < `� 205. .5 Development of Approved Sites. (a) The construction of Towers and the installation, operation, and maintenance of Wireless Telecommunicarions �aciliries on z�on-Approved Sites shall be considered a violation of thas ordinance and subject to the penalties as provided for herein. � _ - - - - - _ - - - �.,..:. _i:--- .:.. - - - _- • -- - - - - - - --- — (� Priority for use of the Approved Sites for installatioz�, rrxaintenance and operation of Wireless Telecommwnzcations Facilities will be given to the �ollowing entities in descending order: (1) City of Fridley. (2) Public safety agencies, including law enforcement, fire, a�zd ambulance services, wlucli aze not parC of the City of Fridley and psivate entities with a public safety agreement with the City of Fridley. (;) Other govemmental a�encies, for uses which are not related to public safety. (4) Entities providing licensed comznercial wi�reiess telecommunication services including cellulaz, personal communication services (PCS), specialized mobilized radio (SNlR), enhanced specialized mobiled radio (ESMR), pagino, and similar sexvices that are marketed to the general public. �a�, Towers are exempt from the maxim.um height restrictions of the districts where located. Towers shall be permitted to a height of � �� ne hundred twentv-five (1251 fee� �e}��, Additional Approved Sites, other than those provided in Appendix A to tlus Ordinance, shall be selected by the City Council based on #!�e proposed new site's compliance �sn+ith the following requisememts: • t C� oos I 10/15/97 WED 21:00 FA.Y 812�47T077 FREDRIRSON g BYRON � 007 (1) Whether the proposed new site is capable of 4�i�s�� g#gg developed to su��ort more than �e� two operahng Wireless Telecommunications �a.s�}a Facilities compazable to the �e�k6F� oihers �in weight, siae, and surface area. (2) Whether the proposed new site poses a risk of explosion, fire, or other danger due to its proximity to volatile, flammable, explosive, or hazardous materials such as LP gas, propane, gasoline, natural gas, or corrosive or other dangerous ch�snicals; and (3) Whether the proposed new site is necessary and that useable Approved Sites are not located within a one-half (1/2) nule radaus of the proposed ne�v site; and (4) Whether all foreseeable telecommunications uses of the proposed new site could comply with the setback requirements of the underlyi.ng zoning district; and (5) Whether all foreseeable tElecommwucations uses of the proposed site could comply with any separation and buffer requirements of the underlying zoning district; (� Whether the proposed site is accessible to at least two (2) motor vehicles; (7) l�x�� if a��licable, whether the proposed site has been dcsigned and certifed by an Structural Engineer to be st�rructurally sound and, at minimum, in conformance with the Building and �lectric Codes adopted by the City, the National Electric Safety Code, and any other standards and requiremeats outlined in this Article. (8) �`z-� ",°�� Tf a�plicable, whether the Approved Site complies with all applicable Federal Aviation Adminisiiation lighting and painting regulations. (9) Whether the proposed sile �� n�°��- a��-.� wi11 further the �itv's nbiective that all Towers t�tenna St�pnort Structures��g,� Wireless Telecommunication i+ac'li i c be designed �o blen,�%�o the surronndino environment (10) Whether the proposed site has adequate open space to allow Wireless Telecommunications Facilxties to be installed without detrimentally i�npacting Iandscape, displacing pazldng, or impedi.ng si�ht lines of a current or future pri.nciple use. . �. 10/15/9T 19ED 21:00 FA% 61234770T7 FREDRIKSON & BYRON (I1) Whether the proposed site adequately contributes to the City's overall effort to adequately meet the needs of the wireless telecommunications industry. (12) Whether the proposed ute has amenities such as trees that will allow screening and sight line relief. If no, whether the combination of site size and other site features help to provide sieht line relief. (13) Whether there are other structures near the proposed site that can serve as visual distractions such as high power transxnissio��. stiuctures, highway shoring, billboazds. (14) Whether there are natural topographic features that meet the hei�t requirements of VVireless Telecommunications Facilities without a tower structure, or which allow for a lower overall height of any necessary Tower. (15) Whether there is adequate space on the proposed site so that the base of any necessuy Tower can accommodate essenrial equipment. (16) Whether the proposed site is outside of any underlying residential zonin� districts. (17) Whether housed equipment can be placed on top or on the side of a structure that currently exists on the propvsed site. Section� 2 5•_•6 Application �'or Placement of Wireless �'elecommunications Facilities in the City. All Persons seeldng to install, operate and maintain Wireless Telecommunicarions Facilities in the City must file an Application with the City which shall uiclude: (1) The n�une, address, and telephone number of the Applicant; and (2) Written, technical evidence from a Structural Engineer that the proposed Wireless Telecommunications FacilTties meet the standards set forth of this Code; and (3) Completed applicarion form for lease approval as provided by the City; and (4) A report from a qualified and licensed. professional eng.ineer which describes the height and design of the proposed Wireless Telecommunicadons Facility including a cross-section and elevation; and (5) Site plan drawn at an engineering saale showing the location of the Wireless Telecommunications Facility in relation to surrounding structures; and 29�.� r�ooa 10/15/97 WED 21:00 FAY 812J477077 FREDRIRSON � BYRON C� 009 (� If located on a watEr tower, a written report addressing the requirements contained herein for water towers; and (7) Foundation, cross-section, and building plans for installation of the Wireless Telecommunications Facility; and - - -;,- - - - _ - -- - E9}� An Application fee in the amount of $500.00; and `{�9}�� The Application shal.l also contain an affumative statement indicatin� that the Applicaat a�rees to comply with the provisions in Section of this Article regardi� abaxidonment; and , �1.'i3i7a�ij AT l3ilnf infiet ' f.�..fern�ee�— ell A.. 1' + r: •a a �ts• � f � � � � � ' : (10� N� nev�v or existing wireless telecommunication� cervice will interfere with pnblic safe�t ► � ecommunications Before the introduction of new service or befor img mpnfiu� anv chan.�e i e'sting ervice. 811 wir .l cc telecommunicationc service broviders shall notifv t�e itv at least ten (101 calendar dayc in advance of such changes and � ow the Cit�v to monitor interference Ievels during the testin� �rocess ; � , ; b . . . ' � � � ' ' � o , � � : ¢�,�.i A building permit from the City pursuant to Chaptcr ^ of the Code; and 29-. �� 10/15/97 WED 21:01 Fe�Y 612�477077 FREDRIKSON & BYRON ,(121 A statement as to �vhether the �ro��,se� �eVelopment of Ap�roved Site is �oabl of eing develog�d tu sup�ort more than two oneratin� Wireless Telee�mmanieationc FaciLities comnazable to the others in weigh size. and surface area. �}� All information submitted with an Application that is trade secret inforination or is for other reasons proprietary.shall be clearly mazked as such when submitted with an Application. The City shall not disclose publicly, or to any third party, proprietary information unless compelled to do so by federal, State, or local law. Section � � 205�_7 Applicatfon Process. Upon submission of an Application, the City shall notify the Applicant in wriCin; to confirm if the Application is complete addressing all of the requirements as required by this Chapter. If the Application is incomplete, the letter will specify what information is missing and the Applicant must thcn submit a new Application. Upon submission of a eomplete Application, consideration by the City Council of the Application for lease agreemen� will be scheduled no later than forty- five (45) days from the date of subix►ission. If the Wireless TelecorrL �n�cations Facilit� is located within a park, the Parks & Recreation Com�mission may review the Application and provide a recommendation to the Ciry Couneil prior to City Council action. Section <----� U�?-,,.,_ 8 l�Tethod of Deternnining Tower �ieight. Tower height shall be measured from the ]owest adjoining grade to the highest point of consiruction of any Wireless Telecommunications Faeilities. Section � � 7�.,�2 Exterior F�nish. Monopoles with antenna arrays sha11 be finished so as to be comparible with other buildings or structures in the area, and shall be finished with a non-corrosive material. Wireless Telecoxnmuuications Facilities placed on water towers shall be finislled with a non-corrosive matcrial to match the color of the water tower. Section 4--- = 205. .10 Illumination. Towers shall not be artificially illuminated except as required b�+ the Federal Av�iation Administration ("FAA"). Upon commencement of construcrion of a Tower, in cases where there aze reside.ntial uses located within a distance of three hundred (300) feet froin the Tower, and when required by federal law, dual mode lighhng sha11 be requested from the FA.A. Section s----T 205._.11 Landscaping. 29.912 �oio 10/15/9? WED 21:01 FA.i 812J477077 FREDRIKSON & BYRON � O11 All landscaping on Approved Sites shall be desi�aed to screen the Tower, A.nte�zna Support Structure, and Wireless Telecommunica�ions Facilities to a hei�ht of at least six (6) feet from grade and shall comply with all landscaping requirements of the underlying zoning district. Section � .� 2 5._.12 Security. All Towers must be reasonably posted and sectued to protect against trespass. Chain Iink fences shall be used to protect Towers and Wireless Telecommunications Facilities. Barbed or razor wire is prohibited anywhere on an Approved Site. All Approved Sites shall be designed to discourage unauthoriied climbing on the s�uc�t�ue. Section = ; 205, .13 Housed Wireless Telecommunications Facilities. All Wireless Telecommunications Faci�iries located on Approved Sites, which must be housed on the Approved Site, must utilize existing buildings or structures, if possible. If no existing structutes are available, the Owner of the Wireless Telecommunications Facilities may construct such a structure. , _ . Housed Wireless Telecommunications Facilities, not utilizing existing buildings or structures, shall, at minimum, � fullv screened b�exi ting structures, a brick decorative wall, or a solid ox�e htu�dred percent opaque �n-deciduous vegetative enclosure, six feet in height at planting. Section � —= 205._.14 Installatiun Requirements on Water Towers and in City. b�stallation of Wireless Telecommunication Facilities on water towers will be permitted when the Ciry is fully satisfied that the following requircments are met: (a) Tl�e Wireless Telecommunicarions Facility will not increase the risks of contanunation to the City's water supply. (b) There is sufficient room on the structure and/or on the grounds to accominodate the Wireless Telecommunication facility. (c) The presence of tlie Wireless Telecommunication Facility will not increase the water tower or reservoir maintenance costs to the City. (d) T'he presence of the Wireless Communication Facility will not be hannful to the health of work�rs maintaining the water tower or reservoir. (e) All state and federal regulations pertaining to non-ionizing radiation and other health hazards has been satisfied. Section �---� 205.�.15 Certifications and Inspections. 29.�;3 10/15/97 WED 21:01 FA.Y 612�477077 FREDRIKSON 8 BYRON (a) All Approved Sites and Wireless Telecommunications Facilities shall be �� periodically reviewed by � �`""'`'•"'' �"""'""'� the Ci to be structurally sound and in conformance with the requirements of the City building code, thic Chapter, any eonditions �f ap�roval �laced on a soecial use nermit and all other construction standards set forth by the City's Code '� e�n4��e Tl *n n� f��r wn :68 �� (�S�S�n C�:Mnn w�a�i.+i r�e }i�e neriti�wn4s ,, and federal. state, and lncal law. Existing Sites may be inspected for compliance with this section at any time if the City believes there aze questions regarding �'�' ; �=*° � com�liance with th� itv build�'n.g code, this chn�ter a y �,onditions of agp,aova placed on a s�ecial use �ermit al other construction standardc �et £orth '�.n, tl�e C�y's Code, and all other federal, state, and local laws. (b) The City and its agents shall have authority to enter onto any Approved Site or Existing Site, between the ins�ections and certifications required above, to inspect tlae site for the purpose of determining whether the Sites comply with the City's Buildi.ng and Electric Codes, the National Elech-ic Safety Gode and all othez construction standards provided by the City's Code and federal and State law. (c) The City reserves the right to conduct such inspections at any time, upon reasonable notice to the Ownex(s). All expenses related to such inspections by the City shall be bome by the site Owner(s). Sectioa �-� 2�5. .16 Maintenance. (a) Ordinary and reasonable care of Approved Sites a�id Wireless Telecommunications Facilities shall be employed at all times. All Approved Sites and Wireless Telccommunications Facilities shall at all times be kept and n�.aintained in good condition, order, and repair so that the same sha11 not menace or endanger the life or property o� any Pezson. (b) Ow�iers sha11 install and maintain Approved Sites and Wireless Telecommunicatzons Facilities in substantial compliance with the requirements of the National Eleciric Safety Code a�id all FCC, State, and local regulations, and in such manner that will not interfere with the use of other property. (c) All maintenance or constxuction on Approved Sites or Wireless Telecommunications Facilities shall be performed by �l�ee�eec� al' e maintenan�ce and construetion personneL 291114 �oi2 812�477077 FREDRIKSON & BYRON (d) All Owaers of Wireless Telecommunications Facilities shall maintain compliauce with clurent radio frequency emission standards of the FCC. In order to provide informacion to its citiaens, copies of all iCC information concerning Wireless Telecommunications Facilities located on Approved Sites shail be made available to the City and updated annually. ' (e) In the event the use of an Approved Site is discontinued by the Owner of the Wireless Telecommunications Facilities located on the Approved Site, or in the event an Owner files notice of the FCC of .i�s interest to cease operating, ihe Owner shall provide written notice to the City of its intent to discontinue use and the date when the use shall be discontinued. Section � :� 205. .17 Stealth Design aud Exterior Finishes. All Approved Sites and Wireless Telecommunications Facilities shall be designed to blend into the surrounding environment. Section : r 205.,� 18 Abandonme�u� 4 (� If any Approved Si.te for which approval to install, maintain, and operate Wireless Telecommunications Facilities has bee�i granted by the City shall eease to be used for a period of 365 consecutive days, the City shall notify the Owner of t]Ze Approved Site or Wueless Telecommunications Facilities, with a copy to the Applicant, that such sitc has been deemed abandoned. Upon a finding of abandonment by the City, the Approved. Site or Wireless Telecommunications racilities abandoned may be removed. The Gitv shall scess 9n �n�t� rel�ted to the rem�val of abandoned Tower , _ b � or Wi�eless Telecommunications �.�+��;ttir� *�' .� .,...ea e;,. nr �-�e�� `c '' •,• ,^^trirr:�Fx v. oc asco v�� rs v r O � . Faciities to t ie Owner s . SECTION That if any clat�se, section, or other part of this Ordinance shall be held i��valid or unconstitutional by any court of competent jurisdiction, the remainder of this Ordi.nance shall not be af�'ected tl�ezeby, but shall remain in iull force and effect. SECTION That all0rd'znances, or parts of Ordinances in eonfliet witl� this Ordinance be, and hereby are, repealed. SECTION That this Ordinance sl�all be in full forcc and effect from and afler date of passage. 2g.�'t5 � 013 10/15/97 WED 21:02 FAY 812J477077 FREDRIRSON & BYRON APPENDIX A The following locations are zoned to and have been determined to be , Annroved Sites for the inctallatior of Wireless Teiecommunications Facilities. . . . . . . Mwucipal Garage - Recycling Center Community Park Edgewater Patk Fridley Reservoir Fridley Water ?ower Fridley Coznmons Water Towez Well #13 Onui Corporation . AllTemp Storage Agro-K FMC Water Tower Undeveloped property at 61" and Main Street Totino Grace �Iigh School Uadeveloped City ri�ht-of-way south of 694 AlI Persons using City-owned property must execute a s�te lease agreement wrth the City. 2062894� s e{}8�6}-� 1R7 m0�!.doc) 2J..316 C� 014 MEMORANDUM DEVELOPMENT DIRECT4R DATE: October 23, 1997 TO: William Burns, Ci Manager �1 �� tY � FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Special Use Permit, SP #97-07, by Paul Litwinczuk; 6291 Central Avenue N.E. This item was tabled by the City Council at their October 13, 1997 City Council meeting due to lack of attendance by the petitioner. Staff has contacted the petitioner and insured that he will be in attendance at the City Council meeting. MM/dw M-97-439 30.01 CITY OF FRIDLEY PROJECT SUMMARY DESCRIPTION OF REQUEST: The petitioner is requesting a special use permit to allow a second accessory structure at 6291 Central Avenue N.E., which is in the southeast corner of Rice Creek Road and Central Avenue. The petitioner has recently constructed a new home with an attached garage (first accessory structure). The proposed second accessory structure is an existing 360 square foot garage which was built in 1973. The petitioner proposes to keep the structure in its current location, re-side, and re-roof it to match the new dwelling. SUMMARY OF ISSUES• The square footage of the proposed structure (360 square feet) combined with the square footage of the first accessory structure (576 square feet) will not exceed the code maximum of 1,400 square feet. Because the petitioner was cited for lack of properly completing demolition work prior to constructing the new dwelling, a letter of credit is recommended to insure timely completion of the project and adherence to stipulations. The northeast corner of the structure is within inches of the three foot setback. The petitioner may either apply for a variance or acknowledge that the structure must meet the setback if destroyed. RECOMMENDATION TO THE PLANNING COMMISSION• Staff recommended approval of the special use permit, SP #97-07, to allow a second accessory structure, with the following stipulations: 1. All grading, drainage, and downspout locations shall be designed in a manner to prevent , �' detrimental runoff impacts to adjacent properties. 2. All necessary permits shall be obtained from the City prior to construction. 3. No driveway access is permitted to Rice Creek Road. 4. All vehicles shall be stored on a hardsurface as approved by the City. 5. The siding and roof materials shall match the exterior of the new dwelling. A"double door" versus an overhead garage door shall be installed. 6. A letter of credit of $20,000 shall be submitted prior to issuance of a moving/building permit to insure timely completion of the project. 7. Failure to complete the project by October 1, 1998 shall constitute a basis for establishing a public hearing to revoke the special use permit. PLANNING COMMISSION ACTION: The Planning Commission voted to recommend approval of the request to the City Council. The Commission replaced stipulation #3 to read: "The structure shall not be used for a home occupation." Stipulation #5 was also amended to read: "An overhead garage door shall be installed." The word "moving" was deleted from stipulation #6. CITY COUNCIL RECOMMENDATION: Staff recommends that the City Council concur with the Planning Commission action. 30.02 _ Project Summary SP #97-07, by Paul Litwinczuk Page 2 PROJECT DETAILS Petition For: A special use permit to allow a second accessory structure in excess of 240 square feet 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: 6291 Central Avenue N.E. Part of Lot 17, Auditor's Subdivision No. 22 16,694 square feet Flat Typical suburban, sod, trees R-1, Single Family; Auditor's Subdivision No. 22; 1939 Connected Rice Creek Road N/A N/A The zoning and Comprehensive Plan are currently consistent in this area. To be taken. 30.03 Project Summary SP #97-07, by Paul Litwinczuk Page 3 ADJACENT SITES WEST: Zoning: C-3, General Shopping Cntr SOUTH: EAST: NORTH: Zoning: R-1, Single Family Dwelling Zoning: R-1, Single Family Dwelling Zoning: C-1, Local Business Site Planning Issues: REQUEST: Land Use: Shopping center Land Use: Residential Land Use: Residential Land Use: Offices The petitioner is requesting a special use permit to allow a second accessory structure at 6291 Central Avenue N.E. The petitioner has recently constructed a new home with an attached garage (first accessory structure). The proposed second accessory structure is an existing 360 square foot garage which was built in 1973. The petitioner proposes to move this structure closer to the new home, re-side and re-roof it, to match the new dwelling. SITE DESCRIPTION/HISTORY: The parcel is located at the southeast corner of the intersection of Central Avenue and Rice Creek Road. The parcel measures 67' x 247'. Lots platted prior to 1955 may be 55 feet. Originally, this lot was 122 feet. However, 55 feet of the lot was split to create a second residential lot in the 1940's (estimate based on building permit file for second residential dwelling). As it is a corner lot, the shortest of the two street frontages is the front yard (Central Avenue side). Located on the parcel is a recently-constructed single family dwelling and the existing 18' x 20' detached garage, for which a permit was issued in 1973. A building permit was issued for the new dwelling on May 28, 1997. A demolition permit to remove the dwelling constructed in the 1930's was obtained on October 20, 1995. The petitioner was cited for lack of properly completing the demolition project by not filling the hole left by the foundation. A bench warrant issued for the petitioner's arrest was recently dismissed given the petitioner's construction of the new home. A special use permit in 1995 for a second accessory structure was granted subject to three stipulations (see attached minutes). A variance was also approved in 1995 to permit an existing encroachment by the former structure. The 1995 special use permit 30.04 Project Summary SP #97-07, by Paul Litwinczuk Page 4 lapsed, given the petitioner's demolition of the original structure and construction of a new home. ANALYSIS: The petitioner intends to keep the existing 18' x 20' second accessory structure in its current location. The petitioner proposes to re-side and re-roof the structure to match the new home and to use it for storage of personal items. It is staffs understanding that the garage is to be used for storage purposes and not to be a garage for vehicular storage. Therefore, the typical requirement for a hardsurface driveway is not recommended, and in its place is a stipulation to prevent access to Rice Creek Road. A detailed plan of the exterior of the proposed garage was not submitted, although the petitioner intends to match it to the existing dwelling. The roof and siding materials should match to the materials on the new dwelling. Further, staff recommends that a "double door" as opposed to an overhead door be used to minimize the garage appearance and to promote a more appealing storage appearance. Because the petitioner was cited for improperly completing work on the property and was slow to comply with requests for activity on the site, a letter of credit insuring completion of the project is recommended. It is also recommended that if the project is not completed by October 1, 1998, a revocation hearing of the special use permit be established. The City cannot automatically revoke a special use permit without conducting a public hearing. The recommended stipulation would speed an enforcement process. RECOMMENDATION TO THE PLANNING COMMISSION• Staff recommended approval of the special use permit, SP #97-07, to allow a second accessory structure, with the following stipulations: 1. All grading, drainage, and downspout locations shall be designed in a manner to prevent detrimental runoff impacts to adjacent properties. 2. All necessary permits shall be obtained from the City prior to construction. 3. No driveway access is permitted to Rice Creek Road. 4. All vehicles shall be stored on a hardsurface as approved by the City. 30.05 Project Summary SP #97-07, by Paul Litwinczuk Page 5 5. The siding and roof materials shall match the exterior of the new dwelling. A "double door" versus an overhead garage door shall be installed. 6. A letter of credit of $20,000 shall be submitted prior to issuance of a moving/building permit to insure timely completion of the project. 7. Failure to complete the project by October 1, 1998 shall constitute a basis for establishing a public hearing to revoke the special use permit. • • • The Planning Commission voted to recommend approval of the request to the City Council. The Commission replaced stipulation #3 to read: "The structure shall not be used for a home occupation." Stipulation #5 was also amended to read: "An overhead garage door shall be installed." The word "moving" was deleted from stipulation #6. CITY COUNCIL RECOMMENDATION: Staff recommends that the City Council concur with the Planning Commission action. 30.06 Zonirg Designalians: � 1�1 - ohe Farriy urrts � F�2 - Ti�w Fartily Urrts � 12 3- Gener-al Mltiple lAits � R 4- Nbbile Fbme Parks � PUD - Plarried Urit Developrrerd � S1 - Hyde Park Nei�borhood 0 s2 - �,�,� a�x 0 c1 - �od a,sness 0 G2 - General B�siness � G3 - Ga�eral SFx�pping � GR1- Ga�al Offioe 0 AA�1 - Light Industrial 0 n�.2 - �v i� a M.3 - atdoor �ntensive Heavy �►rl � RR - fiailrnAtis C3 P - Public Facilities Q wA7F]� � Poc��r� w4Y u�■ � 1�1 Chur 64 AVE PE 64 AVE NE z � W Z < � � . ■ Y �� IfBt P� NE i� 9 � y�YIN � � �� SP 97-07, 6291 Central Avenue The petitioner, Paul Litwincz requests that a special use ue permit be approved to allow the oontinuanoe of a 18'�0' detached garage. 30.07 ,� � , �. � �� 3 � N A 2/2fi197 ��0� fVa � a�Zon�'rg �e� da6e 1/27/56 tiogett�er wilh aN �ng ardn- anoes aclopled and effectiu�e as af ?J17/97. The (Sty oF Fridey F�as taken e,�ery effort �o p� vlde 1hE �'lO6t U�bdat@ iffOril'�0�18N8i1�1� 1?le clata pr�nDed Flere i,4-s�,bjeCt b d�arx�e, 7he Cdy d Fridey will rat be responsble for �or�e� errnrs or �sage af this doarr�,�i 0 Q ' O � I � o f;�, :� SP �697-07 o£ � o u� ;. Paul Litwinczuk r N ��N3 3,�0,45�0o S � .- --•56'99--- � — — �VL.J � � ' 1 I 4'u`I . �. � � F > �� u I � � i ? o � �� m p ��II � m. � � �� \ F- 3 � �m� � 1 �' �'�' , 9 — � �-' , � o ;-- — ; _ , � � `�� '� � � ` � ~ , , ' s`► <�q.� . , o �� z , m T ;D`_ � m sa•a� ;� ��e _• 9�� ° 19116 '� `1�1f185tl eo o \\�Q ,jti m t \Z \N �` O 0'\.J1 \\ I T 0'Z � I ZO'£Z � � � �2 � F o � 1- - � .��\ ..�. N . . _. _._...r. .. w I I , ,.. 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Ms. Modig stated in her opinion there are too many issu that are not resolved regarding the final plat, Outlot B, and e 30-foot easement. She is concerned about whether the City lows shared driveways. She is concerned about density. She ' concerned about the builder and talks with the neighbors ncerns are not required or signed on. She is concerned that e people on Ben More Drive have not had enough input regard' g the access for the road. She thought this had to go back to e drawing board and be redefined. Mr. Kondrick stated those are problem with the motion. If agree that Outlot B exists? happen and then therefore we � i If 'ty-rfit issues and he has no �t down to the basics, would we does exist, then it cannot deny this application? Mr. Sielaff stated he would e in favor of denying the request because he felt there was nough information out there to make a recommendation. VICE-CHAIRPERSON KOND CK DECLARED THE MOTION FAILED FOR LACK OF A SECOND. M�?� by Ms. M ig, seconded by Mr. Sielaff, to recommend denial of Preliminary lat, P.S. #97-04, by the Philip Stephen Companies, Inc., to res divide the property into six buildable lots for single fam' y homes, on Lots 20 and 21, Auditor's Subdivision No. 22, gener ly located at 6217 Central Avenue N.E. UPON OICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DEC D THE MOTION CARRIED UNANIMOIISLY. . Hickok stated this item would be considered by the City incil at their meeting of October 13. 3• �LIC H�ARING• CON�TI�F�TTC,N OF A SPErTAL U E ERMIT SP #97-07. BY PA 77, LITWINC7UK: To grant approval to maintain an existing 18 foot x 20 foot garage on Lot 17, except the South 55 feet thereof, Auditor's Subdivision No. 22, generally located at 6291 Central Avenue N.E. M TI N by Mr. Saba, seconded by Ms. Modig, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED AND THE pUgI,IC HEARING OPEN AT 10:12 P.M. Mr. Hickok stated the special use permit request is to allow a 30.09 PLANNING COIrIlriISSION MEETING SEPTEMAER 17 1997 PAGE 29 second accessory structure on the property located at 6291 Central Avenue. Mr. Litwinczuk has requested the speeial use permit to allow the continued use of an existing garage with 360 square feet in area. The property is zoned R-1, Single Family, and is surrounded by R-1 zoning. There is C-1, Loca� Business District, to the north and across the way is C-2 zoning, Moore Lake Plaza. Mr. Hickok stated a new dwelling was recently constructed on the property including an attached garage of 652 square feet. The subject garage was constructed in 1973 and is detached. A demolition permit was issued for the original dwelling in 1995. The petitioner was cited for lack of properly completing the demolition as the foundatio:i stayed as an open excavation for a period of time. The structure will be moved closer to the new dwelling, as he understands, next season. The structure will be resided and reroofed and used to store personal items. The setback because it is a corner lot must be 25 feet from Rice Creek Road and there is adequate space. A hardsurface drive is not required because the garage is for personal effects. Mr. Hickok stated staff recommends approval of the special use permit with the following stipulations: 1. Al1 grading, drainage, and downspout locations shall be designed in a manner to prevent detrimental runoff impacts to adjacent properties. 2. Al1 necessary permits shall be obtained from the City prior to construction. 3. No driveway access is permitted to Rice Creek Road. . 4. All vehicles shall be stored on a hardsurface as approved by the City. 5. The siding and roof materials shall match the exterior of the new dwelling. A"double door" versus an overhead garage door shall be installed. � 7 A letter of credit of $20,000 shall be submitted prior to issuance of a moving/building�permit to insure timely completion of the project. Failure to complete the project by October 1, 1998, shall constitute a basis for establishing a public hearing to revoke the special use permit. Ms. Modig stated, regarding the use of the structure, the corner is very nice. The report states the petitioner will not be using the detached structure as a garage. 30.10 PLANNING CONIl�iISSION MEETING SEPTII�ER 17 1997 PAGE 30 Mr. Litwinczuk stated he wants to use the building as a garage with the existing driveway. The driveway for the attached garage is very short. There is not enough room for parking cars on that part of the driveway. If he has visitors, he wants a place for them to park. You cannot park two cars on the new driveway. Visitors must now park on the street. He wants to keep the curb cut and pave and keep that as a garage. He will reside and reroof it to match the house. He does not want to move the garage. Ms. Modig asked how they could keep the petitioner from using this as a garage if he wants to. Why do we care? Mr. Hickok stated two curb cuts on a corner lot is one issue and they are looking to avoid that. Mr. Litwinczuk stated the curb cuts are there now. Mr. Hickok stated special use permit in most cases is applied for before a structure is built. At that time a separate curb cut would be discussed and evaluated. Early in the discussions, it was understood that, because the structure is in a low area of the lot, the petitioner is going to raise the structure building a short foundation wall below the accessory building. It is staff's recommendation that it be moved back from the lot line because it sits a questionable distance.from the lot line. Although it may meet the three foot requirement, it is right on the three foot dimension. It was staff's recommendation, based on that discussion, that if the garage was going to be lifted for a new foundation that it be moved, resided, reroofed, etc. Mr. Kondrick stated it is common to see a stipulation stating that there be no home business operation •in the accessory structure. This is not included. Should that be included as stipulation #8? Mr. Hickok stated this is a standard and he would recommend adding that as an additional stipulation. Ms. Modig asked what they would have to do to let him use the garage. Mr. Hickok stated the Planning Commission has it in its authority to recommend whatever it likes. If you want to allow for a second driveway, he would encourage the motion be structured accordingly. Ms. Modig stated the basis of her question is that the garage is to be used for storage purposes and not be a garage for vehicular storage. Why did you do that? Mr. Hickok narrow lot direction. stated this is a unique situation. with two garages with two driveways That is atypical to what we see on 30.11 This is a long facing one second accessory PLANNING COIrIlrIISSION MEETING, SEPTEI�ER 17 , 1997 PAGE 31 structures. It has a street presence that is less desirable, in staff's opinion, than if it were modified to be a storage building even with the garage door width opening but with double doors rather than an overhead door. Ms. Modig asked if the petitioner could still put a car in it if he wanted to. Mr. Hickok stated technically yes. He could not park in front of it, but if it has concrete floor he could park a car in it. If he is going to use it as a garage, then their recommendation would be to have a driveway put in. Aesthetics is one piece of it. It is a relatively narrow lot with two garages and two driveways. Mr. Litwinczuk stated hc put a new house where it is because of the existing driveway cut. There is a driveway cut there now for the existing garage. The lot is difficult to build on so he set the house forward. The new driveway is short. He has 25 feet from the garage to the edge of the lot. He can only park one car there. If he has a visitor, they would have to park on the street. The detached garage is already existing, it is three feet f rom both lot lines, and it does not impact any neighbors. The neighbor to the east has no problem with the request. Her house is located back further. It does not impact any of the commercial properties across the street. He did not think it would hurt anyone by having a driveway there. The curb cuts are existing. Mr. Litwinczuk�stated he had problems with stipulation ##3 because he wants a driveway access to the detached garage. Stipulation #4 stated vehicles shall be stored on a hardsurface. If there is no hardsurface, he cannot park a car there..Stipulation #5 is okay as far as the siding and'roof materials. He wants the same garage door to match the new one on the house, not a double door. He does not want to move the garage. He wants to leave it where it is. He has just planned to have it lifted in order to have several courses of block added. He has no problem with the deadline. Mr. Kondrick asked if he had any problem with not allowing a home business. Mr. Litwinczuk stated that was okay. Mr. Saba stated the summary of issues in the staff report is not consistent with the stipulations. There is some modification required. The summary states the structure cannot be located closer than 25 feet from the Rice Creed Road lot line or north lot line and no closer than five feet to the east and south lot lines. Staff stated three feet was the setback and several pages later it states that three feet is okay. Which is correct? 30.12 PLANNING COI�iISSION MEETING, SEPTII�ER 17, 1997 PAGE 32 Mr. Hickok stated a detached garage can be as close as three feet. It was staff's understanding that the garage was going to be moved in which case, with the drainage, five feet is the preferred location. Mr. Sielaff asked the petitioner if it was correct that the size was not correct. Mr. Litwinczuk stated the garage by the house is 24 feet x 24 feet which does not equal what it stated. That is 676 square feet. The staff report states 652 square feet. Mr. Sielaff asked if there was an issue witil #3. Mr. Litwinczuk stated they want to put in a driveway. Ms. Modig asked if they needed stipulation #6 if the petitioner is not going to be moving the structure. Is this needed? Mr. Hickok stated, whether the garage is moved or raised, $20,000 is the requirement. It is almost the identical process. Mr. Litwinczuk asked staff why they were asking for a letter of credit. Mr. Hickok stated this is standard. This can be issued through a bank or an insurance agency. That is based on the value if the City had to complete the work or the project. Mr. Saba stated it is just to make sure that the project is done. Mr. Litwinczuk stated a special use permit was approved for the garage several years ago. The problem previously arose because the contractor had left debris from the foundation and could not get it removed on time because it was during the winter. This was in February. Mr. Sielaff stated this is not based on risk. Mr. Hickok stated there is a risk for those issuing the letter of credit. If the petitioner does not perform it becomes essentially a loan. The City cashes in on that, completes the work, and the petitioner pays on the value. Mr. Sielaff asked if there was a risk involved. Mr. Hickok stated, with the history, staff wants a bond on this project. MOTION by Mr. Saba, seconded by Mr. Sielaff, to close the public hearing. 30.13 PI�ANNING CObIlKISSION MEETING, SEPTEt�ER 17, 1997 PAGE 33 IIPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIID AND THE PDBLIC HEARING CLOSED AT 10:40 P.M. Mr. Saba stated he has no problem with the request. He would concur with the petitioner to allow him a driveway and remove stipulation #3. He would recommend replacing stipulation #3 stating that no home occupation or business shall be operated in the structure. He would delete the second sentence from stipulation #5 and state an overhead garage door shall be installed. MOTION by Mr. Saba, seconded by Ms. Modig: to recommend approval of Special Use Permit, SP #97-07, by Paul Litwinczuk, to grant approval to maintain an existing 18 foot x 20 foot garage on Lot 17, except the South 55 feet thereof, Auditor's Subdivision No. 22, generally located at 6291 Central Avenue N.E., with the following stipulations: l. All grading, drainage, and downspout locations shall be designed in a manner to prevent detrimental runoff impacts to adjacent properties. 2. All necessary permits shall be obtained from the City prior to construction. 3. The accessory structure shall not be used for a home occupation. 4. Al1 vehicles shall be stored on a hardsurface as approved by the City. 5. The siding and roof materials shall match the exterior of the new dwelling. An overhead garage door shall be installed. 6. A letter of credit of $20,000 shall be submitted prior to issuance of a moving/building permit to insu.re timely completion of the project. 7. Failure to complete the project by October 1, 1998, shall constitute a basis for establishing a public hearing to , revoke the special use permit. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIID UNANIMOIISLY. Mr. Hickok stated this request will be considered by the City Council at their meeting of October 13. 4. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 2, 1995 PAGE 11 Councilwoman Jorgenson stated that Mr. Kiewel has good intentions, but there is a potential that in the future, if the home is sold, someone may wish to convert it to a home occupation. MOTION� by Councilman Schneider to concur with the unariimous recommendation of the Appeals Commission and deny Variance'Request, VAR #95-23. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the .�notion carried unanimously. � ' l� " 15. VARIANCE REQUEST, VAR #95-26, BY ANOKA-COUNTY COMMIJNITY ACTION PROGRAM (ACCAP) , TO REDUCE THE FRONT YARD SETBACK FROM 35 FEET TO 24.6 FEET TO ALLOW CONSTRUCTION OF A DETACHED GARAGE GENERALLY LOCATED AT 380 57TH PLACE N.E. (WARD 11: Mr. Hickok, Planning Coordinator, stated that this �s a request to reduce the front yard setback to allow constructic:^ of a garage. He stated that this is a"double fronted" property and is the best alternative. He stated that one change discussed was that if the garage was moved five feet, it would allow additional garage stalls and open space. MOTION by Councilman Billings to concur with the unanimous recommendation of the Appeals Commission and grant Variance Request, VAR #95-26, with the following stipulation: (1) the petitioner shall install a hard surfaced driveway of asphalt or concr�te by October 1, 1996. Seconded by Councilwoman Bolkcom. Upon� a voice vote, Councilman Billings, Councilwoman Bolkcom, Co.iincilman Schneider, and Councilwoman Jorgenson voted in favor of ,t�he motion. Mayor Nee abstained from voting on the motion and the ; motion carried by a four to one vote. 16. SPECIAL USE PERMIT REOUEST, SP #95-09, BY PAUL LITWINCZUK, PER SECTION 205.07.O1.0 1 1) OF THE FRIDLEY CITY CODE, TO ALLOW ACCESSORY BUILDINGS OTHER THAN THE FIRST ACCESSORY BUILDING, OVER 240 SQUARE FEET, ON LOT 17, EXCEPT THE SOU2H 55.0 FEET THEREOF AUDITOR'S SUBDIVISION NO 22 GENERALLY LOCATED AT 6291 CENTRAL AVENUE N.E. (WARD 2): � Mr. Hickok, Planning Coordinator, stated that this is a request for a special use permit to allow construction of a second accessory structure at 6291 Central Avenue N.E. He stated that the peti- tioner is proposing to construct an 8 foot by 24 foot addition and construction of a two car garage with a master bedroom above. Mr. Hickok stated that staff recommended approval of this special use permit with three stipulations, and the Planning Commission concurred. MOTION by Councilman Schneider to concur with the recommendation of the� Planning Commission and grant Special Use Permit, SP #95-09, with the following stipulations: (1) the petitioner shall con- struct a hard surfaced drive of asphalt or concrete within twelve months of this approval of SP #95-09; (2) all grading, drainage and downspout locations shall �.��:igned in a manner that will prevent detrimental runoff im;:... � adjacent property; and •(3) all necessary permits shall '� ined from the City prior to construction_ Seconded by Cour:c,.�woman Jorgenson. Upon a voice FRIDLEY CITY COUNCIL MEETING OF OCTOBER 2 1995 PAGE 12 vote, all voting aye, Mayor Nee declared the motion carried unanimously. 17. RECEIVE BIDS AND AWARD CONTRACT FOR CENTRAL AVENUE BIKEWAY/ WALKWAY PROJECT NO. ST. 1994-9: Mr. Flora, Public Works Director, stated that bids were opened for the Central Avenue bikeway/walkway project, and three bids were / received. He stated that the low bidder was Hardrives, Inc. in the / amount of $349,352.90. He stated that the City's estimated cost of the project was $280,000.00. / Mr. Flora said that the State of Minnesota is requiring the City to build a pedestrian bridge to State Highway standards. He stated he felt that by revising the present design, the bridge can,:be a simpler design. ?ie recommended that the bids be rejected, �d this project be re-bir• in early 1996. MOTION by Councilman Schneider to receive the following bids for the Central Avenue Bikeway/Walkway Project No. ST. 1994-9: Hardrives, Inc. in the amount of $349,352.90; Forest Lake Contracting, Inc., in the amount of $361,734.50; and H& M Asphalt Company in the amount of $399,791.95. Seconded by Councilman Billings. Upon a vo�ce vots, all voting aye, Mayor N�a decZared the motion carried unanimously. MOTION by Councilman Schneider to rej ect ttie bids and authorize staff to redesign this project and re-bid i'`n early 1996. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. " ; 18. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that there are several items to be discussed in the conference session. He stated that these are: (1) the Southwest Quadrant condominium issue; (2) the budget issue regarding personnel; (3) a�Stonybrook Creek update from staff mediation meeting with the representatives of Spring Lake Park; and (4) evening hours on Tuesdays from 5:00 p.m. to 7:00 p.m. for�City operations. � ADJOURNMENT- � MOTION by Councilman Billings to adjourn the meeting. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, l�iayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of October 2, 1995 adjourned at 9:08 p.m. Respectfully submitted, Carole Haddad Secretary to the City Council 3o.1s William J. Nee Mayor RESOLUTION NO. -1997 RESOLUTION ADOPTING ASSESSMENT FOR LOCKE LAKE DAM EXCAVATION PROJECT NO. 255 WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard and passed upon all objections to the proposed assessment for the excavation of Locke Lake Dam. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FRIDLEY, MINNESOTA: Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. Such assessment shall be payable in equal annual 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 this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1998. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 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 properiy, with interest accrued to the date of payment, to the city treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the city treasurer 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 next succeeding year. The clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1997. ATTEST: WILLIAM A. CHAMPA - CITY CLERK 31.02 NANCY J. JORGENSON - MAYOR �+I �� a � � cRmc �w ►� � � �� I I A z w c7 W � � � � � � c'� .� � � � � �� ,� � _ 3� , �� .- � , 1 ' � '_/ _ ' ', �•..1 . • .. . ■ �� = . �'b�_� �� QZ � �� >�' �� ° �� .. �� ,�/ �' 1.i � � 1. �; _ � � ASSESSMENT ROLL FOR LOCKE LAKE EXCAVATION PROJECT NO. 255 ! ESTIlVIATED ' ACTiTAL ADDRESS PIN NO. ! ASSESSMENT ':ASSESSMENT Mrs. Idabell Silverstein 15-13-0016 $ 0.00 6675 E River Road Fridle MN 55432 Anoka County Parks Dept 15-12-0069 $1,255.81 $1,196.96 550 Bunker Lake Blvd Anoka MN 55304 Ms. Roberta Moore 15-12-0068 $1,255.81 $1,196.96 6755 E River Road Fridle MN 55432 Anoka County 15-12-0067 $1,255.81 $1,196.96 325 E Main St (6765 ERR) Anoka MN 55303 Mr. & Mrs. Lance Konze 15-12-0066 $1,255.81 $1,196.96 6775 E River Road Fridle MN 55432 Mr. Don Showalter 15-12-0065 $1,255.81 $1,196.96 6785 E River Road Fridle MN 55432 Mr. & Mrs. Wilfred Cichy 12-12-0064 $1,255.81 $1,196.96 6795 E River Road (Marlene Cichy Fridle MN 55432 Mr. & Mrs James Antell 15-12-0026 $1,255.81 $1,196.96 6801 Hickory St Fridle MN 55432 Mr. Danny Johnsen 15-12-0022 $1,255.81 $1,196.96 6807 Hickory St - Fridle MN 55432 Mr. Vincent Berg Jr. IS-12-0021 $1,255.81 $1,196.96 6809 Hickory St Fridle MN 55432 Mr. Jeff Ostrowski 15-12-0020 $1,255.81 $1,196.96 6813 Hickory St NE Fridley MN 55432 Tax Forfeit-State ofMN 15-12-0019 $1,255.81 $1,196.96 6817 Hickory St NE Fridle MN 55432 E�3��Z! ASSESSMENT ROLL FOR LOCKE LAKE EXCAVATION PROJECT NO. 255 : ESTIlVIATED ACTUAL ADDRESS : PIN NO. ASSESSMENT ASSESSMENT ' Mr. & Mrs. Harry Bolkcom 15-12-0018 $1,255.81 $1,196.96 6821 Hickory St NE Fridle MN 55432 Mr. & Mrs. Don Laclmer 15-12-0017 $1,255.81 $1,196.96 6825 Hickory St Fridle MN 55432 Ms. Lorraine Hanson � 10-43-0029 $1,255.81 $1,196.96 6901 Hickory Drive Fridle MN 55432 Ms. Mary Vasecka 10-44-0038 $1,255.81 $1,196.96 6909 Hickory Drive Fridle MN 55432 Ms. Mary Jane Boyum 10-44-0037 $1,255.81 $1,196.96 6917 Hickory Drive Fridle MN 55432 Mr & Mrs Robert Schmidt 10-44-0036 $1,255.81 $1,196.96 6925 Hickory Dr Fridle MN 55432 Mr & Mrs Michael Schlagel 10-44-0035 $1,255.81 $1,196.96 6933 Hickory Dr Fridle MN 55432 Mr & Mrs Roger Wilson 10-44-0034 $1,255.81 $1,196.96 6941 Hickory Drive Fridle MN 55432 Mr & Mrs Abraham Nichols 10-44-0033 $1,255.81 $1,196.96 6949 Hickory Drive Fridle MN 55432 Mr & Mrs Chazles Reiland 10-44-0032 $1,255.81 $1,196.96 6957 Hickory Dr Fridle MN 55432 Mr John Koshuba 15-11-0025 $1,255.81 $1,196.96 6959 Hickory Circle Fridley MN 55432 Mr & Mrs Frank Nebel 15-11-0024 $1,255.81 $1,196.96 6961 Hickory Circle Fridle MN 55432 31.05 ASSESSMENT ROLL FOR LOCKE LAKE EXCAVATION PROJECT NO. 255 ' ESTIMATED ACTITAL ADDRESS PIN NO. ` ASSESSMENT ! ' ASSESSMENT Mr John Watkins 15-11-0026 $1,255.81 $1,196.96 6963 Hickory Circle Fridle MN 55432 Mr. David Berry 15-11-0027 $1,255.81 $1,196.96 6965 Hickory Circle Fridle MN 55432 Paul Slesar/Carole Wood 15-12-0024 $1,255.81 $1,196.96 44 Locke Lake Rd NE Fridle MN 55432 Mr. & Mrs. Blaine Jones 15-12-0071 $1,255.81 $1,196.96 54 Locke Lake Rd NE Fridle MN 55432 Mr & Mrs Ken Schultz 15-11-0030 $1,255.81 $1,196.96 11 Rice Creek Way Fridle MN 55432 Wm Ficenko/Dianne Olson 15-11-0029 $1,255.81 $1,196.96 15 Rice Creek Way NE Fridle MN 55432 Mr & Mrs Dale Owens 15-11-0006 $1,255.81 $1,196.96 17 Rice Creek Way Fridle MN 55432 Mr & Mrs Charles Turbak 15-11-0007 $1,255.81 $1,196.96 23 Rice Creek Way Fridle MN 55432 Ms Gloria Magness 15-11-0008 $1,255.81 $1,196.96 29 Rice Creek Way �J��) Fridle MN 55432 Ms Phyllis Heutmaker 15-11-0010 $1,255.81 $1,196.96 35 Rice Creek Way (Herschel) Fridle MN 55432 Mr Kennard Littler 15-11-0011 $1,255.81 $1,196.96 41 Rice Creek Way Fridley MN 55432 Mr. Donald Holien 15-11-0012 $1,255.81 $1,196.96 47 Rice Creek Way NE Fridle MN 55432 31.os ASSESSMENT ROLL FOR LOCKE LAKE EXCAVATION PROJECT NO. 255 ' i ESTIlVIATED ACTUAL ADDRESS < PINNO. ` :: ASSESSMENT : ASSESSMENT Mr & Mrs Dennis Otten 15-11-0013 $1,255.81 $1,196.96 53 Rice Creek Way Fridle MN 55432 Mr & Mrs Herman Bakke 15-14-0001 $1,255.81 $1,196.96 59 Rice Creek Way Fridle MN 55432 Mr Paul Ruikke 15-14-0002 $1,255.81 $1,196.96 65 Rice Creek Way NE Fridle MN 55432 Mr & Mrs Greg Farmer 15-13-0011 $1,255.81 $1,196.96 71 Rice Creek Way NE Fridle MN 55432 Mr & Mrs William Johnson 15-13-0012 $1,255.81 $1,196.96 75 Rice Creek Way NE Fridle MN 55432 Mr & Mrs Allen Bergquist 15-13-0013 $1,255.81 $1,196.96 77 Rice Creek Way NE Fridle MN 55432 Mr. Otto Westenfield 15-13-0014 $1,255.81 $1,196.96 81 Rice Creek Way NE Fridle MN 55432 Mr. Fred Halverson 15-13-0015 $1,255.81 $1,196.96 85 Rice Creek WayNE 31.07 TO: WILLIAM W. BURNS, CITY MANAGER�� a FROM: RICHARD D. PRIBYL, FINANACE DIRECTOR SUSAN LEMIEUX, ASSISTANT FINANCE DIRECTOR SUBJECT: ASSESSMENT ROLL ALDEN WAY PROJECT NO. ST 1996-1 &2 CONCRETE CURB AND GUTTER PORTION DATE: OCTOBER 22, 1997 Attached you will find the proposed assessment roll for the concrete curb and gutter portion of the Alden Way Street Project No. St. 1996 1&2 along with the Resolution to adopt the proposed assessments. The final cost of this portion of the project was $50,250 and the proposed assessment for each parcel is based on a rate of $10 per front foot. The assessments will be certified for a period of ten years at an interest rate of six and one half (6 1/2) percent. RESOLUTION NO. -1997 RESOLUTION ADOPTING ASSESSMENT FOR ALDEN WAY PROJECT NO. ST 1996-1&2 WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard and passed upon all objections to the proposed assessment for the concrete curb and gutter improvement of Alden Way from 79th Avenue to 300 feet south of Rickard Road. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FRIDLEY, MINNESOTA: Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. Such assessment shall be payable in equal annual 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'/z percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from he date of this resolution until December 31, 1998. To each subsequent installment when due shall be added interest for one year on all unpaid installments. The owner of any property so assessed may, at any time prior to certificarion 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 treasurer, except that no interest shall be charged if the enrire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the city treasurer 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 next succeeding year. The clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1997. ATTEST: WILLIAM A. CHAMPA - CITY CLERK 32.02 NANCY J. JORGENSON - MAYOR � aJ C/] � � . � � C � CC� .�'� � �w� � � � � � � � � � � � �1 a � 3V 1S AMOXJH �� I ►� � Q � � � � � >� � � �$ g s �� ' c�y3 � 3'�� / �\ �5 ,�-' / � ti,� ��6, y� Q� I,�C� _ P� � �� ti �� Z � �� Q� A � Z 3 � o. / 32.03 w � �$ � c� � � - �� w 3� �� , � � � �� ASSESSMENT ROLL FOR ALDEN WAY STREET IMPROVEMENT PROJECT NO. ST 1996 -1&2 ' Estimated Assessment for ' Actual Concrete Curb & Assessmeni Gutter Based on Based on ' Address PIN'No. ! Front';Ft $11, Per Frant Ft $10 Per Front Ft - ResidendOwner 10-12-0011 0 $0.00 $0.00 171 Rickard Road Fridley MN 55432 Resident/Owner 10-12-0071 0 $0.00 $0.00 280 Stonybrook Lane Fridley MN 55432 Resident/Owner 3-34-0057 0 $0.00 $0.00 285 Craigbrook Way Fridley MN 55432 ResidendOwner 10-12-0064 0 $0.00 $0.00 289 Stonybrook Way Fridley MN 55432 ResidendOwner 10-12-0063 0 $0.00 $0.00 290 Craigbrook Way Fridley MN 55432 Henry Zimba 10-12-0017 0 $0.00 $0.00 7501 Alden Way Fridley MN 55432 Jerold Bahls 10-12-0025 0 $0.00 $0.00 7514 Alden Way Fridley MN 55432 Edward Leonazd 10-12-0016 0 $0.00 $0.00 7515 Alden Way Fridley MN 55432 Marcia St. Hilaire 10-12-0078 36 $396.00 $120.00 7516 Alden Way Fridley MN 55432 Jeffrey Mondloh 10-12-0015 80 $880.00 $800.00 7521 Alden Way Fridley MN 55432 32.04 ASSESSMENT ROLL FOR ALDEN WAY STREET IMPROVEMENT PROJECT NO. ST 1996 -1 &2 ! Estunatea . i .. Assessment for Actual Concrefe Curb & Assessment ' Gutter Based on Based on Address PIN No. Front Ft $11 Per Front Ft $i0 Per Front Ft Thomas Neu 10-12-0079 76 $836.00 $760.00 7524 Alden Way Fridley MN 55432 Robert Peterson 10-12-0023 76 $836.00 $760.00 7534 Alden Way Fridley MN 55432 Edward Rafel 10-12-0022 69 $759.00 $690.00 7540 Alden Way Fridley MN 55432 Carrie Sjodin 10-12-0014 85 $935.00 $850.00 7541 Alden Way Fridley MN 55432 Brian Beaumont 10-12-0021 76 $836.00 $760.00 7544 Alden Way Fridley MN 55432 Richard Storla 10-12-0020 76 $836.00 $760.00 7548 Alden Way Fridley MN 55432 David Sisson 10-12-0013 70 $770.00 $700.00 7551 Alden Way Fridley MN 55432 Robert McAdam 10-12-0019 76 $836.00 $760.00 7580 Alden Way Fridley MN 55432 Leroy Anderson 10-12-0010 80 $880.00 $800.00 7581 Alden Way Fridley MN 55432 Mary Lewis 10-12-0009 80 $880.00 $800.00 7595 Alden Way Fridley MN 55432 32.05 ASSESSMENT ROLL FOR ALDEN WAY STREET IMPROVEMENT PROJECT NO. ST 1996 -1&2 ' Estimated ` Assessment for ' ActuaI Concrete Curb & Assessment Gutter Based on Based on Address PIN Na ! Front Ft $11 Per Front Ft $IO''Per Front Ft Vietta Toner 10-12-0018 76 $836.00 $760.00 7598 Alden Way Fridley MN 55432 Peter Amenrud 10-12-0068 80 $880.00 $800.00 7601 Alden Way Fridley MN 55432 Marie Weiss, Trustee 10-12-0060 120 $1,320.00 $1,200.00 7610 Alden Way Fridley MN 55432 Lloyd Weber 10-12-0069 80 $880.00 $800.00 7635 Alden Way Fridley MN 55432 George Sundem 10-12-0070 84 $924.00 $840.00 7641 Alden Way Fridley MN 55432 Clelland Martinson 10-12-0059 107 $1,177.00 $1,070.00 7650 Alden Way Fridley MN 55432 Joseph Lapinski 10-12-0058 110 $1,210.00 $1,100.00 7680 Alden Way . Fridley MN 55432 Lois White 10-12-0057 135 $1,210.00 $1,350.00 7736 Alden Way Fridley MN 55432 Richard Netz 10-21-0004 155 $1,980.00 $1,550.00 7776 Alden Way Fridley MN 55432 Belva Rasmussen 10-21-0005 200 $2,200.00 $2,000.00 7806 Alden Way , Fridley MN 55432 K��Z� ASSESSMENT ROLL FOR ALDEN WAY STREET IMPROVEMENT PROJECT NO. ST 1996 -1&2 ' ' Es6mated ' Assessment for Actual Concrete Curb & Assessment Gutter Based on Based on Address ' PIN No. ' Front:Ft $11 Per Frant Ft $20 Per Front Ft David Sallman 10-21-0001 100 $1,100.00 $1,000.00 7812 Alden Way Fridley MN 55432 Bob Crosser 3-34-0058 92 $1,012.00 $920.00 7815 Alden Way Fridley MN 55432 Karl Schurr 3-34-0050 100 $1,100.00 $1,000.00 7818 Alden Way Fridley MN 55432 Thomas Stevenson 3-34-0059 94 $1,034.00 $940.00 7819 Alden Way Fridley MN 55432 Segwald Rechdahl 3-34-0060 94 $1,034.00 $940.00 7823 Alden Way Fridley MN 55432 Danny Johnson 3-34-0049 100 $1,100.00 $1,000.00 7824 Alden Way Fridley MN 55432 David Mernin 3-34-0061 94 $1,034.00 $940.00 7829 Alden Way Fridley MN 55432 Kevin Haire 3-34-0048 100 $1,100.00 $1,000.00 7830 Alden Way Fridley MN 55432 William Stevens 3-34-0062 94 $1,034.00 $940.00 7835 Alden Way Fridley MN 55432 Jerome Fuhr Jr 3-34-0068 100 $1,100.00 $1,000.00 7836 Alden Way Fridley MN 55432 32.07 ASSESSMENT ROLL FOR ALDEN WAY STREET IMPROVEMENT PROJECT NO. ST 1996 -1&2 Esfimated ': Assessment for ' Actual �oncrefe Curb' & Assessment Gutter Based on ' Based on Address ' PIN No. ' ' Fron� Ft � $11 Per Front'Ft $10 Per Front Ff Clint Ward 3-34-0063 94 $1,034.00 $940.00 7841 Alden Way Fridley MN 55432 John Bass 3-34-0046 100 $1,100.00 $1,000.00 7842 Alden Way Fridley MN 55432 Mikki Reisman 3-34-0045 100 $1,100.00 $1,000.00 7846 Alden Way Fridley MN 55432 Bradley Richter 3-34-0064 85 $935.00 $850.00 7847 Alden Way Fridley MN 55432 Ronald Crego 3-34-0044 100 $1,100.00 � $1,000.00 7854 Alden Way Fridley MN 55432 Richard Kemper 3-34-0028 88 $968.00 $880.00 7857 Alden Way Fridley MN 55432 Vicki Klaers 3-34-0043 100 $1,100.00 $1,000.00 7860 Alden Way Fridley MN 55432 James Sydow 3-34-0029 100 $1,100.00 $1,000.00 7863 Alden Way Fridley MN 55432 City of Fridley 3-34-0030 100 $1,100.00 $1,000.00 7865 Alden Way Fridley MN 55432 I Ronald I,osey 3-34-0042 90 $990.00 $900.00 7866 Alden Way Fridley MN 55432 32.08 ASSESSMENT ROLL FOR ALDEN WAY STREET IMPROVEMENT PROJECT NO. ST 1996 -1&2 Estimated Assessment for Actual Concrete Curb & Assessment Gutter Based on Based on Address PIN No. Front Ft $11 Per Front Ft $l0 Per Front Ft John Meyer 3-34-0041 90 $ 990.00 $ 900.00 7868 Alden Way Fridle MN 55432 City of Fridley 3-34-0031 120 $ 1,320.00 $ 1,200.00 7869 Alden Way Fridle MN 55432 Steve Kunzman 3-34-0040 100 $ 1,100.00 $ 1,000.00 7874 Alden Way Fridle MN 55432 Ronald Erickson 3-34-0032 100 $ 1,100.00 $ 1,000.00 7877 Alden Way Fridle MN 55432 Stephen Hrenchyshyn 3-34-0039 100 $ 1,100.00 $ 1,000.00 7880 Alden Way Fridle MN 55432 R. Severson/Kaye Nalenzy 3-34-0033 100 $ 1,100.00 $ 1,000.00 7883 Alden Way Fridle MN 55432 Jon Headley 3-34-0038 100 $ 1,100.00 $ 1,000.00 7886 Alden Way Fridle MN 55432 Thomas Truax 3-34-0034 100 $ 1,100.00 $ 1,000.00 7891 Alden Way Fridle MN 55432 Mohammed Khan 3-34-0037 97 $ 1,067.00 $ 970.00 7892 Alden Way Fridle MN 55432 Richard Keller 3-34-0036 90 $ 990.00 $ 900.00 7898 Alden Way Fridle MN 55432 Gary Kinser 3-34-0035 100 $ 1,100.00 $ 1,000.00 7899 Alden Way 32.09 MEMOR.ANDUM DEVELOPMENT DIRECTOR DATE: October 23, 1997 TO: William Burns, City Manager�'" FROM: Barbara Dacy, Community Development Director SUBJECT: Resolution Approving a Project Plan Amendment, ZOA #97 -07, by Semper Development Ltd., to Amend a Previously- Approved Development Plan in an S-2, Redevelopment District, Generally Located at 6525 University Avenue N.E. Scheduled earlier in the agenda is a public hearing to evaluate a request by Semper Development Ltd. to amend a previously-approved redevelopment plan for the area located in the northeast corner of University Avenue and Mississippi Street. The attached resolution, if approved by the City Council, approves the proposed Walgreens facility as submitted by Semper Development Ltd. Exhibit A of the resolution lists the stipulations as recommended by staff. The stipulations were drafted after review of the current 1997 proposal and the 1990 and 1991 proposals. :�.. M-97-446 33.01 R$SOLUTION NO. - 1997 R$SOLUTION APPROVING A R�DSV$LOPMENT PLAN AMENDMENT TO TH$ S-2, R$DE�VELOPMENT DISTRICT WHEREAS, the City Council approved a rezoning of property generally located at the northeast corner of University Avenue and Mississippi Street from C-1, Neighborhood Commercial and R-1, Single Family Residential to S-2, Redevelopment District on August 1, 1990; and WHEREAS, the property is legally described as Lot 9, Block 2, Rice Creek Terrace Plat 1, Lots 12 through 16, B�lock 3, Rice Creek Terrace Plat 2, and Lots 10 through 12, Block 2, Rice Creek Terrace Plat 1; and WHEREAS, the City Council approved a redevelopment plan for a multi- tenant retail center on June 18, 1990; and WHEREAS, the City Council approved an amendment to the 1990 plan on February 25, 1991; and WHEREAS, the City Council has received application from Semper Development Ltd. for a plan amendment to the S-2 District; and WHEREAS, the Housing and Redevelopment Authority has recommended approval of the amendment in accordance with the S-2 District requirements; and WHEREAS, the Planning Commission conducted a public hearing on the matter on October 15, 1997; and WHEREAS, the Planning Commission recommended approval of the amendment on October 15, 1997; and WHEREAS, the City Council finds that the proposed plan meets the intent of the S-2 Redevelopment District. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Fridley do hereby ordain that the plan amendment by Semper Development Ltd., as represented in case file ZOA #97-07, is approved subject to the stipulations listed in Exhibit A. PASSED AND ADOPTED BY THi3 CITY COiTNCIL OF TH$ CITY OF FRIDLSY THIS DAY OF . 1997. ATTEST: WILLIAM A. CHAMPA - CITY CLERK NANCY J. JORGENSON - MAYOR 33.02 Page 2- Resolution No. - 1997 EXHIBIT A 1. The development shall be constructed in accordance with the site plan dated September 12, 1997, unless otherwise provided for by the stipulations of approval. 2. 3. Compliance with the comments of the Engineering Department as stated in the September 23, 1997 memo from Jon Haukaas. A final landscaping and irrigation plan shall be submitted and approved by City staff prior to issuance of a building permit. 4. The westerly right-in/right-out driveway shall be removed from the site plan and shall not be constructed. A permit for the easterly driveway must be obtained from Anoka County. The easterly driveway shall be located as far as possible from the east lot line, but still allow for left turn/outbound traffic and comply with Anoka County standards. The intersection shall have one 18 foot inbound lane separated by a 4 foot wide median from two 12 foot outbound lanes. 5. 6. 7. 8. The property owner shall agree to execute an easement to use parking spaces on the site for a future transit facility. The petitioner shall pay park dedication fees at time of building permit in the amount of $2,618.41. Storm water management calculations shall be submitted prior to issuance of the building permit. All rooftop equipment shall be screened from view from the public right-of-ways. 9. No automotive service uses, car sales, or other outdoor repair/display uses shall be permitted. No pawn shops shall be permitted. No restaurants are permitted unless specifically approved by the Planning Commission and City Council. The City, in its evaluation of a proposed restaurant use, may require proper HVAC and odor venting equipment to eliminate to the greatest extent possible any odor emissions from the building. Venting for specific odor causing uses shall be routed to the most westerly point of the building before being released to the open air. 10. In the event the right to occupancy to intent of the Walgreen's vacates the building, the City shall have review each use within the building prior to determine whether or not it is consistent with the Center City Redevelopment Plan. 11. Al1 lighting shall be shielded such that the'glare does not adversely affect residential properties. 12. All parking and driving areas shall be lined with concrete curb (the site plan shows curbing, but stipulation could address proof of parking issue as well). Spaces identified as "proof of parking'� shall be installed at the request of the City. 33.03 Page 3- Resolution No. - 199� 13. All dumpsters shall be screened by the trash enclosure indicated on the site plan dated September 12, 1997. 14. Underground irrigation shall be provided to landscaped areas. 15. The pavement shall be appropriately marked to delineate the prescription pick up window lanes. Any changes to the pavement plan shall be indicated on the plan submitted for building permit review. 16. The decibel level of the audio system for the pick up window shall be at a level where its noise is not audible from residential properties to the east. 17. The property owner shall work with the Anoka County Regional Rail Authority to provide pedestrian connections where appropriate into the site, including striping or sidewalks. 18. A seven foot cedar fence shall be constructed along the north and east sides of the development. The fence along the north side of the parking lot shall be constructed between the parking lot curb and the edge of the pond. The petitioner shall submit a plan for the installation of a decorative fence with brick pillars and black aluminum fencing along University Avenue and Mississippi Street in conjunction with the building permit application. The fence shall be installed prior to issuance of a certificate of occupancy. 33.04 MEMORANDUM DEVELOPMENT DIRECTOR DATE: October 23, 1997 TO: William Burns, City Manager �� FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Resolution Approving a Preliminary Plat, P.S. #97-05, Walton 2"d Addition, by Todd Bachman; 8200 University Avenue N.E. The Planning Commission conducted a public hearing regarding the preliminary plat, Walton 2"d Addition, at their October 15, 1997 meeting. The Planning Commission unanimously recommended approval of the request to the City Council with the following stipulations: 1. Execute and record common stormwater use and maintenance agreements for Outlot A, Walton Addition against the plat. 2. Park dedication fees shall be paid at the following rates: Lot 2 (Bachman's) - $5,657.24 Lot 3 (Vacant) - $1,217.07 3. Rezoning request, ZOA #97-08, shall be approved. RECOMMENDATION Staff recommends that the City Council approve the resolution approving the preliminary plat, Walton 2"d Addition, by Todd Bachman. MM/dw M-97-440 34.01 R$SOLUTION NO. - 1997 . A RBSOLUTION APPROVING A PLAT, P.S. #97-05, i�1ALTON 2�1D ADDITION WHEREAS, the Planning Commission held a public hearing on the preliminary plat, P.S. #97-05, on October 15, 1997 and recommended approval; and WHEREAS, the City Council approved the preliminary plat at their , 1997 meeting, with stipulations attached as Exhibit A; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley hereby approves the Plat, P.S. #97-05, Walton 2°d Addition, and authorizes the Mayor and City Manager to sign the Plat as prepared by McCombs Frank Roos Associates, Inc.. BE IT FURTHER RESOLVED that the petitioner is requested to record this Plat at Anoka County within six (6) months or said approval will become null and void. PASSFD AND ADOPTLD BY TH$ CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1997. � ATTEST: WILLIAM A. CHAMPA - CITY CLERK 34.02 NANCY J. JORGENSON - MAYOR Page 2 - Resolution - 1997 ■ EXHIBIT A 1. Execute and record common stormwater use and maintenance agreement for Outlot A, Walton Addition against the plat. 2. Park dedication fee shall be paid at the following rates: Lot 2 (Bachman's) - $5,657.24 Lot 3 (Vacant) - $1,217.07 3. Rezoning request, ZOA #97-08, shall be approved. 34.03 CITY OF FRIDLEY PROJECT SUMMARY I DESCRIPTION OF REQUEST: Todd Bachman requests that the City approve a preliminary plat entitled "Walton 2"d Addition". The proposed plat is for property generally located at the intersection of 81 St Avenue and University Avenue. The proposed plat will create three lots; one containing Sam's Club, a development parcel for Bachman's, and a third lot which will be vacant and may be sold for a future use or by Bachman's. The petitioner is also processing a rezoning request and special use permit for garden sales. SUMMARY OF ISSUES: This request is a replat of Lots 1 and 2, Block 1, of the recently-approved Walton Addition. The purpose of the replat is to "swap" areas to create a better development site for Bachman's. The proposed vacant lots meet the minimum lot area requirement for the C-3, General Shopping Center District. The proposed vacant lot will contain a future use to be determined. The petitioner has agreed that the use on the vacant lot will not be automotive- related. A common storm water pond use and maintenance agreement will need to be recorded against the plat for the detention facility located on Outlot A, Walton Addition. Park dedication fees will also be required. PLANNING COMMISSION RECOMMENDATION: � Staff recommended that the Planning Commission recommend approval of the request to the City Council with the following stipulations: 1. Execute and record common stormwater use and maintenance agreement for Outlot A, Walton Addition against the plat. 2. Park dedication fee shall be paid at the following rates: Lot 2 (Bachman's) - $5,657.24 Lot 3 (Vacant) - $1,217.07 3. Rezoning request, ZOA #97-08, shall be approved. PLANNING COMMISSION ACTION: The Planning Commission voted unanimously to concur with staff's recommendation. CITY COUNCIL RECOMMENDATION: Staff recommends that the City Council34 04 ith the Planning Commission action. Project Summary P.S. #97-05, by Bachman's Inc. Page 2 PROJECT DETAILS Petition For: A preliminary plat to subdivide into three lots. 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: 81 St and University Avenues Lots 1 and 2, V1/alton Addition 20.08 acres; 874,684.8 square feet Flat Sod, trees, shrubs C-3, General Shopping Center District and C-2, General Business Connected; University Avenue West Service Road 81 S� Avenue, University Avenue West Service Road University Avenue bikeway "Regional pond" usage/maintenance The zoning and Comprehensive Plan are currently consistent in this area. To be taken. 34.05 Project Summary P.S. #97-05, by Bachman's Inc. Page 3 ADJACENT SITES: WEST: Zoning: M-2, Heavy Industrial SOUTH: EAST: N R H: Zoning: M-2, Heavy Industrial Zoning: Spring Lake Park Zoning: M-2, Heavy Industrial C-2. General Business Site Planning Issues: REQUEST: Land Use: Trucking terminal Land Use: Mixed industrial, multi-tenant Land Use: Commercial multi- tenant Land Use: Office/warehouse multi-tenant Assembly Todd Bachman requests that the City approve a preliminary plat entitled "Walton 2nd Addition". The proposed plat is for property generally located at the intersection of 81St Avenue and University Avenue. The proposed plat will create three lots; one containing Sam's Club, a development parcel for Bachman's, and a third lot which will be vacant and may be sold for a future use or by Bachman's. The petitioner is also processing a rezoning request and special use permit for garden sales. SITE DESCRIPTION/HISTORY: The area to be platted is located north and west of the intersection of 81 St Avenue and the West University Avenue Service Road. It encompasses the Sam's Club development and the remaining vacant property adjacent to and north of the Sam's Club. Sam's Club was constructed in 1986 and includes a 252' x 402' building and a 31' x 82' tire changing bay for a total of 103,846 square feet.. This property was rezoned in 1985 from industrial to commercial. In 1986, a lot split was approved, and in 1993, the City approved a special use permit to allow the sale of cars, boats, or RV's twice per year. In 1991, the petitioner submitted a plat request in order to allow construction of a Wal- Mart store adjacent to Sam's Club. This plat was not approved. A 1992 plat entitled "Sam's Addition" was also not approved. The plat, "Walton Addition", was recently approved by the City. 34.06 Project Summary P.S. #97-05, by Bachman's Inc. Page 4 ANALYSIS: The proposed plat is a replat of Lots 1 and 2, Block 1, Walton Addition and will include three parcels: 1. Lot 1; 13.22 acres, which will contain the Sam's Club facility. 2. Lot 2; 5.65 acres, which will be used for a Bachman's facility. 3. Lot 3; 1.21 acres, which will be vacant, owned by Bachman's and may be used by them or sold for a future use. The purpose of the plat is to reconfigure the developable area and proof of parking befinreen the finro parcels. This reconfiguration creates a better development site for Bachman's. The proposed lots meet the minimum lot area requirements of the C-3, General Shopping Center District. The previously-approved Outlot A, Walton Addition, containing a stormwater pond will still provide detention facilities for all developments of Walton 2"d Addition. The north portion of proposed Lot 2 is currently zoned C-2, General Business. In order to promote consistent zoning on Lot 2, Bachman's is processing a rezoning request from C-2, General Business to C-3, General Shopping Center district, as required as part of the approval for Walton Addition. The previous stipulations regarding storm pond maintenance and payment of park dedication fees from the Walton Addition approval should apply to this request. PLANNING COMMISSION RECOMMENDATION• Staff recommended that the Planning Commission recommend approval of the request to the City Council with the following stipulations: 1. Execute and record common stormwater use and maintenance agreement for Outlot A, Walton Addition against the plat. 2. Park dedication fee shall be paid at the following rates: Lot 2 (Bachman's) - $5,657.24 Lot 3 (Vacant) - $1,217.07 3. Rezoning request, ZOA #97-08, shall be approved. 34.07 Project Summary P.S. #97-05, by Bachman's Inc. Page 5 PLANNING COMMISSION ACTION• The Planning Commission voted unanimously to concur with staffs recommendation. CITY COUNCIL RECOMMENDATION• Staff recommends that the City Council concur with the Planning Commission action. 34.08 Eiiil,i ....� �� v] J�wir W Y W.fla�r a � � O f•a..; O 3 ,.�, UU !A�`nl�.n � 2 m O � a MEMORANDUM TO: Michelle McPherson, Planning Assistant PW97-251 FROM: Jon H. FC�, Assistant Director Public Works DATE: September 23, 1997 SUBJECT: Bachman's Submittal Comments The location of the irrigation well should be noted on the utility plan. Permitting for wells is done entirely by the State Health Department with no additional City requirements. However, Bachman's should be aware that the City discourages private wells due to the presence of 1,1,2 trichloroethylene (TCE) found in some of the City's shallower wells in the glacial drift and Prairie Du Chien-Jordan aquifers. The TCE contamination has kept well No. 9 inoperable and wells 6-8 under strict monitoring. Bachman's should consider installing a watermain extension to the restaurant site for future connection or an extension all the way to the watermain in the service drive with a stub for the restaurant site as part of this project. While not required on private lines, "looping" the watermain improves the quality and pressure of the water used by eliminating the stagnation of water in dead end lines. 34.09 Z�f11� �1c�1 0 F�1 - One ly Urrts 0 �2 - Two arriy urrts 0 R 3- Gener'al Mltiple Urtits 0 Rjt - Nbbile Fiatne Parla � �_�� s, - M� � r�sr,�orr,00a 0 s2 - �►,�,� a�a OG1 -�� 0 cz - c�,� a,�� - c.s - c� snopv�re � GR1- General �ffice 0 W�1 - Light Indtatrial � W42 - � �ndustria� AA-3 - Dutdoor tr,teruive I-I�vy �nd � � _ �� 0 p - Rblic Facilities p wAr�t �I PoGHT-OF-WAY PS 97-05, Plat Request A request by Todd Bachman of Bachman's to replat property generally located north of Sam's Club ir�to tvuo parc�is to allow construction of a garden store and a future restaurant. 34.10 N A Campiled ard draw� iran a�fiaal reoords b�ed an Orcinarioe Wo. 70 and ZanirgN� e(fective ar�ioes�� ar�d effective as c�F ?117/97«� -rt,e aty of Fridey r,as t�cen e,rery e�orc �o rxo- vide the most u(�io-date irfiorrr�ation avaihable. ,f,e��n��. The Gity of Fricley will not be respor�sible for �o�, �a � o�ws do«„�,�. � � � � i � ' ; �� g � � �� ,' i � �, , �� '�� ' '� I ��€�j�j3�� 3 l�'f �� ¢a �� '� � �e��j�� i�t��`�� I �� € # �Y �s 3 � j#�6�i�� t � � ��ig;� � '$i ! ` �i� �� ;��t i� g ! � � �� j; �S � � � ��I��p$� �! j s � � � � • i� �� !i � � � � ��5$�� t� � �3�;'le��N 3 � � �� ] E ��.. � � � � � � i �� , j��; �� 1 �i S� � � d� _-� �. � #� .�<_ �I< �� s�� r, �� l's��, i� �� e�� l8�� i �r l�M3A� AlllY3AIN11 � -- �_ Lt _- 'p N A t/ M O I X M N f1 71 ! 3 L � 1 f a9is yU�aow T — ( — —_ / _ dNU[ 1 .. . , \ 1 _� ( :� �� ~ I / � . ��y� y� I � I :.,.� � � / . +��J'��O � ♦s �r � ° ° "I . � M I �� pr � � � �� I /.- 'y � �Ay�-.-.�.' lSi1� S �._.__;' � f"' "' � _ - - ?._`_"C.�. - " R ,q,� � '-�� - I � ( � ; � �:� :� �� ;� � �, � w- � .� ; _: I ; N �� I � � I p � ' I, r . ��' � ` ,; � �c � � _ �� I s U ' � ■' ' I I a ^ � � : I � O � � �- > I ;� J w � ;ii ;r m �� I I > � : 6 � '� I ¢ t, � r . ¢ �� ¢ � � �, � I , J � � � ��I � I F \ - _ _ � � _ � _ � � � � � '� a A � �� i 1 f ■ 1 � Y � ......._.. _ ._...._. _. .____ ............. _ .._...."'" ".._....._... .. __....._.....___.._.. _.. ____.., � A _ .. ____. _ .. ---...R_ _ ._._..._.. /� — — — — — — — — — — -- — — I � � 34.11 U .73 �p �� CJ O'i {' �� z � � � � �� . :� �� a�i �� i � S� � �9� �� . e $� $ �� -.�� 8 � �� F , ----• ^ . '� ---• --- • � � a, � --- ----- •--• _ I �6 � i--:— 1—r a.� � �� i�a,� � � I �� r, y� � ^a i� i � —� � ° � � ��;' 6�,'q�b ° � ��u � � i I � 6�� R � � 1� I Y ��'. : _: _�1_ -�1 � �� 5�! �I �� _.-_ li � i i _l 1 - -- ------ �----1 ---- a __ +� � � i �_ . ; i / v � �� /Si^-� ; / � � a=� /' � i�,rr' .� - �� / _ �� I � I � �I �� I i I � �GndT� 3i�.�aos� 1 I 1 I �; _------------- n �uaa 3��na�s �s� — - — $ u..�, ."'_.__ _ --------- �. ---------- ---------- �------- 1332iLS NNYI i1 �J • � .� � � i' r� CITY OF FRIDLEY PROJECT SUMMARY DESCRIPTION OF REQUEST: Todd Bachman requests that the City approve a special use permit to allow a nursery or garden center which requires outdoor sales and storage. The request is for a proposed 25,000 square foot retail facility located at 8200 University Avenue N.E. The petitioner is also processing a plat and rezoning request. SUMMARY OF ISSUES: The petitioner is proposing to contain all outdoor sales areas within a fenced enclosure which will be screened by the proposed building and greenhouses. The petitioner has agreed to the typical stipulations of no sales or display in front of the building and no outdoor storage of chemical fertilizers, pesticides, or herbicides. The plat and rezoning requests processed by the petitioner should also be approved. PLANNING COMMISSION RECOMMENDATION• Staff recommended that the Planning Commission recommend approval of the request to the City Council with the following stipulations: 1. There shall be no sales or display of inerchandise in front of the building. 2. There shall be no outside storage of chemical fertilizers, pesticides, or herbicides. 3. The plat request and rezoning requests shall also be approved. 4. There shall be no off-season storage of bulk inventory in outdoor sales areas. 5. The fence enclosure and pergola for outdoor sales area shall be built as designed to be architecturally compatible with the building and building elevation plan dated October 8, 1997. 6. Building elevations shall be built as proposed on the plan dated October 8, 1997. PLANNING COMMISSION ACTION• The Planning Commission voted unanimously to recommend approval of the request to the City Council as recommended by staff. CITY COUNCIL RECOMMENDATION• Staff recommends that the City Council concur with the Planning Commission action. Project Summary SP #97-08, by Bachman's Inc. Page 2 PROJECT DETAILS Petition For: A special use permit to allow garden centers or nurseries requiring outdoor sales. 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: 81 St and University Avenues Lot 2, Walton Addition Flat Sod, trees, shrubs C-3, General Shopping Center District and C-2, General Business Connected; University Avenue West Service Road 81�` Avenue, University Avenue West Service Road University Avenue bikeway The zoning and Comprehensive Plan are currently consistent in this area. To be taken. 35.02 Project Summary SP #97-08, by Bachman's Inc. Page 3 WEST: • 1 �� N RT : ADJACENT SITES: Zoning: M-2, Heavy Industriai Zoning: M-2, Heavy Industrial Zoning: Spring Lake Park Zoning: M-2, Heavy Industrial C-2. General Business Site Planning Issues: REQUEST: Land Use: Land Use: Trucking terminal Mixed industrial, multi-tenant Land Use: Commercial multi- tenant Land Use: Office/warehouse multi-tenant Assembly Todd Bachman requests that the City approve a special use permit to allow a nursery or garden center which requires outdoor sales and storage. The request is for a proposed 25,000 square foot retail facility located at 8200 University Avenue N.E. The petitioner is also processing a rezoning and plat request in conjunction with this request. SITE DESCRIPTION/HISTORY: The subject property is located north of Sam's Club at 815' and University Avenues. The property is currently vacant, and the petitioner is proposing to construct a 25,000 square foot masonry retail facility with an additional 7,000 square feet of greenhouse space and 66,000 square feet of outdoor sales and storage area. ANALYSIS: Previous requests for special use permits for garden centers or nurseries have required the integration of these facilities into the main building. The proposed sales and storage area in this request will be located west of and to the rear of the main structure. It will be surrounded on three sides by a fence. There will be gates for fire and emergency access only. Customer vehicles will not access the storage area, and materials will be transported via typical shopping carts. A cedar arbor will be located in the center of the sales area to provide shade for some of the plant materials located in the outdoor sales area. 35.03 Project Summary SP #97-08, by Bachman's Inc. Page 4 Typical stipulations related to these particular requests include no sales or storage in front of the building and no outdoor storage of chemicals. The petitioner has agreed to these particular stipulations. PLANNING COMMISSION RECOMMENDATION: Staff recommended that the Planning Commission recommend approval of the request to the City Council with the following stipulations: 1. There shall be no sales or display of inerchandise in front of the building. 2. There shall be no outside storage of chemical fertilizers, pesticides, or herbicides. 3. The plat request and rezoning requests shall also be approved. 4. There shall be no off-season storage of bulk inventory in outdoor sales areas. 5. The fence enclosure and pergola for outdoor sales area shall be built as designed to be architecturally compatible with the building and building elevation plan dated October 8, 1997. 6. Building elevations shall be built as proposed on the plan dated October 8, 1997. PLANNING COMMISSION ACTION: The Planning Commission voted unanimously to recommend approval of the request to the City Council as recommended by staff. CITY COUNCIL RECOMMENDATION• Staff recommends that the City Council concur with the Planning Commission action. 35.04 ' � l / � — — _ � ��9 � 0 R �- one�y urits � f�-2 - Two arriy ur�its � t�3 - Gener-al Mltipe Urrts � R 4- AAobile Horne Parks � PUD - Plarried Urit De�eloprr�:rrt � s, - M� � r�9►,�►,00a 0 s2 - �,�,� ra� � G1 - Local Business 0 a2 - cenera� e�siness � G3 - Gaieral SF�ping � GR1- Genetal OFfice � IuF1 - Light Industrial o �.2 - ►�,,, �� WF3 - outcioor Irxensive ti�ry �nd � � - �� 0 P - Pudic Facilities Q v11ATTER I� RIGHT-0E-WAY � � u SP 97-08, Special Use Permit A request by Todd Bachman of Bachman's to allaw a garden center or nursery which requires outdoor sales and storage. N A 2l'ffi19�1 �: Campded and draw� irom affiaal reoads besed �,��. �� aate �m/5s tog�F,e� witl, aN art� «�irr araes ado��ted and eifectiv�e as oF 2/1 I'97. The aty of Fridey r�as taken every eff«t b� pro- viden,e mosc u�t�ee �r,rorrr,a�«, avai�de. Tt,e �ata pre.ser,ted here is s�bject b� d�arx,� The C:itty d Fridey will not be �espons�le for 11�0�92ef1 �OfS Or ll5c'i� Of �113 f10G11'1@f�. i-i- ��-i--} �"r N � �% — — - - ^ i--� T--- • ►-i-1- 1-i V•�+ r� U��g !�l3s• I � � 'j I� I I i � � E �i4 % �-� i � �i F1--:-- i � I I I O � „�y �� F�ri�� i � � I ,I � � s � � ( :i-:-1- -�. � �� li� Y �� __ l� I � ; -- -1 --- � .� , ! 4--: �� - ----'�� --,------------- , � „�� '= 3Na0 3�U12l3S 1S3M �=Q� � �;,a�" � ---------- '�.Y"� . — .,4�.� ��f.bGS=_.[ON C6'�[ =3f.51IW ��=�% � r � a�- i ��-r��-��-r-rrrrrTT, � / j � ��,� P'i iiiiiiiii, iii iiiilR �a` /� .' ��'�, I r� ,---. , , , . , , � „ �-_ -�1 � 0 TI T i T IT f""T f'T T'1 T, TI T I T IT f IIIIIIIIII�111111111111 Y 1 I I I I I� II II II 0.1 I' II II I II I I I I I �� rT r�� i� T� T �� f I I I � � I� I I I �I� I I I I I I I I I I O � !IIIIIIIII�IIIIIIIIIIII 11 L I1 11 1 L1 1J L 11111 ly L — _ K'[K �,i420DOq _ — 1332115 NIFM � ■ Y V — _ — _ ' i1 �/J =i �� MEMORANDUM DEVELOPMENT DIRECTOR DATE: October 23, 1997 TO: William Burns, City Manager 1�� T FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: First Reading of an Ordinance Approving a Rezoning, ZOA #97-08, by Todd Bachman; 8200 University Avenue N.E. The Planning Commission conducted a public hearing regarding the rezoning request at their October 15, 1997 meeting. The Commission unanimously recommended approval of the request to the City Council with no stipulations. RECOMMENDATION Staff recommends that the City Council approve first reading of the attached ordinance rezoning property from C-2, General Business to C-3, General Shopping Center. MM/dw M-97-441 36.01 ORDINANC$ NO. ORDINANCg TO AMEND TH$ CITY COD$ OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGI3 IN ZONING DISTRICTS The Council of the City of Fridley does ordain as follows: SECTION l. Appendix D of the City Code of Fridley is amended as hereinafter indicated. SECTION 2. The tract or area within the County of Anoka and the City of Fridley and described as: Lot 2, Block l, Walton Addition, generally located at 8200 University Avenue N.E. (north of Sam's Club) . Is hereby designated to be in the Zoned District C-3, General Shopping Center. SECTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or area to be rezoned from Zoned District C-2, General Business to C-3, General Shopping Center. PASSSD AND ADOPTED BY TH$ CITY COIINCIL OF THE CITY OF FRIDLSY THIS OF . 1997. ATTEST: WILLIAM A. CHAMPA - CITY CLERK NANCY J. JORGENSON - MAYOR Public Hearing: October 27, 1997 First Reading: Second Reading: Publication: 3s.o2 emo October 24, 1997 TO: William W. Burns �� City Manager FR: Jack Kirk -� Director RE: CONTRACT WITH SETTER, LEACH & LINDSTROM FOR FINISHING COMMUNITY CENTER LOWER LEVEL Attached is a proposed contract with Setter Leach & Lindstrom Architects for designing the lower level of the Fridley Community Center project. John Litchy, of Setter, Leach & Lindstrom, and I.have had input into the contract and are ready to proceed with the design work upon council approval. The key elements of the contract are as follows: 1. The description of the design work on the project is to finish out the lower level of the Fridley Community Center's 1997 addition located at 6085 7`h Street NE to include architectural finishes, structural, mechanical, electrical and fire protection systems. The project will be designed with end- users (primarily youth) in mind, but with enough flexibility to be used by all age groups in the community. 2. The architect will have on-site responsibility during the construction phase to include weekly meetings at the project site for monitoring progress according to the plans. 3. The Ciry will be informed of any suggested changes to the design after the preliminary design has been approved by the City Council. We are in agreement that the City will have a chance to review and approve changes before we go out to bid, and when we receive the final drawings, changes from the preliminary plan need to be identified. 4. The contract amount is set at $20,000 with up to $2,500 of reimbursable expenses. The basic architectural service of the contract will include 16 hours of interior design professional work. 5. The architect will attend five meetings throughout the course of the project to include a program gathering meeting, a design approval meeting and a construction meeting. It is my recommendation that the City Council approve the attached contract with Setter, Leach & Lindstrom, and that we commence working with the architect as soon as possible to finish the Fridley Community Center lower level. 37.01 Standard Form of Agreement Between Owner and Architect AIA Document B141 - Electronic Format fF11S DOCUMENT HAS IMPOR'CANT LEGAL CONSEQUENCES: CONSULTATION WITH AN ATTORNEY (S ENCOURAGED WITH RESPECT TO !TS CObiPI.ETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE hlADE BY USING AIA DOCUMENT D401. Copyright 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 by The American Institute of Architects, l735 New York Avcnue, N. W., Washington, D.C., 20006-5292. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright taws of the United States and will be subject to legal prosecution. AGREEMENT made as of the 8th day of October in the year of Nineteen Hundred and Ninetv-Seven BETWEEN the Owner: (Name and addresa) Citv of Fridlev 6431 Universitv Avenue NE Fridlev, MN 55432 and the Architect: (Name and address) Setter, Leach & Lindstrom l ! 00 Peavev Buildin� 730 Second Avenue South Minneapolis, MN 55402 For the following Project: (/nclude detailed description of P�oject, loeation, add�ess and scope.J Finish out of the lower level of the Fridlev Communitv Center's 1997 addition located at 6085 7th Street NE to include Architectural finishes, Structural, Mechanical, Electrical and Fire Protection svstems (pretiminarv floor plan attached, Appendix A). The Owner and Architect agree as set forth below. AIA DOCUMENT 8141 - OWNER-ARCHITECT AGREEMENT - FOURTEENTH EDITION - A(A - COPYRIGHT t987 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292.; Unlicensed photocopying violates U.S. copyright laws and is subject to Icgal prosecution. 'Riis document was elecvonically produced with the pertnission of the AlA and can be rcproduced without violation until che date of expira�ion as nuteJ below. Electronic Format B(41-1987 User pocument: FRIDLEY.DOC — 10/24h997. AIA License Number 101831, which expires on 9/7/1998 — Page #1 37.02 TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 ARCHITECT'S RESPONSIBILITIES 1.1 ARCHITECT'S SERVICES 1.1.1 The Architect's services consist of those services performed by the Architect. ArchitecYs employees and Architect's consultants as enumerated in Articles 2 and 3 of this Agreement and any other services included in Article 12. 1.1.2 The Architect's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Work. Upon request of the Owner, the Architect shall submit for the Owner's approval a schedute for the performance of the Architect's services which may be adjusted as the Project proceeds, and shall include atlowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owner. 1.1.3 The services covered by this Agreement are subject to the time limitations contained in Subparagraph l I.5.1. ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES 2.1 DEFINITION 2.1.1 The Architect's Basic Services consist of those described in Paragraphs 2.2 through 2.6 and any other services identified in Article 12 as part of Basic Services, and include normal structural, mechanical and electrical en�ineering services. 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The Architect shall review the program furnished by the Owner to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the Owner. 2.2.2 The Architect shall provide a preliminary evaluation of the Owner's program, schedule and construction budget requirements, each in terms of the other, subject to the limitations set forth in Subparagraph 5.2.1. alternative approaches to design and construction of the Project. 2.2.4 Based on the mutually a�reed-upon program, schedule and construction budget requirements, the Architect shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. 2.2.5 �ke -t�sl�itesE -s#�a�� -stt�i�E -te -�he �� - � �+��e -e€-Eeest��+er� -Ees� -�iase� -ee �- , • 2.3 DESIGN DEVELOPMENT PHASE 2.3.1 Based on the approved Schematic Design Documenu and any adjustments authorized by the Owner in the program, schedule or construction budget, the Architect shall prepaze, for approval by the Owner, Design Development Documenu consisting of drawings and other documents to fix and describe the size and character of the Project as to architecturat, structural, mechanical and electrical systems, materials and such other elements as may be appropriate. 2.3.2 The Architect shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost. 2.4 CONSTRUCTION DOCUMENTS PHASE 2.4.1 Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the construction budaet authorized by the Owner, the Architect shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the Project. 2.4.2 The Architect shall assist the Owner in the preparation of the necessary bidding information, biddina forms, .the Conditions of the Contract, and the form of Agreement between the Owner and Contractor. 2.4.3 The Architect shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indicated by changes in requirements or general market conditions. 2.4.4 The Architect shall assist the Owner in connection 2.2.3 The Architect shall review with the Owner with the Owner's responsibility for filing documents required AIA DQCUMENT B 141 - OWNER-ARCHITECT AGREEMENT - FOURTEENTH EDITION - AIA - COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292.; Unlicnnsrd photocopying violates U.S. copyright laws and is subject to Ic;al prosecution. This document wac electronically produced with the permission of che AIA and can be reproduceJ without violation until the date of erpiration ac notnd below. � Electronic Format Bl4l-1987 User pocument: FRIDLEY.DOC — 10/24/1997. AIA License Number 101831, which expires on 9/7/1998 — Page #2 37.03 ti�r the approval of govcrnmental authorities having jurisdictiun uver the Project. 2.5 BIDDING OR NEGOTIATION PHASE 2.5.1 The Architect, following th� Owner's approval of the Cunstruction Documents and of the latest preliminary estimate of Construction Cost, shall assist the Owner in obtaining bids or negotiated pcoposals and assist in awarding and preparing contracts for construction. 2.6 CONSTRUCTION PHASE-ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.6.1 The Architect's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract for Construction and terminates at the earlier of the issuance to the Owner of the final Certificate for Payment or 60 days after the date of Substantial Completion of the Work. 2.6.2 The Architect shall provide administration of the Contract for Construction as set forth below and in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement, unless otherwise provided in this Agreement. 2.6.3 Duties, responsibilities and (imitations of authoriry of the Architect shal( not be restricted, modified or extended without written agreement of the Owner and Architect with consent of the Contractor, which consent shall not be unreasonably withheld. 2.6.4 The Architect shall be a representative of and shall advise and consult with the Owner (I) during construction until final payment to the Contractor is due, and (2) as an Additional Service at the Owner's direction from time to time durin� the correction period described in the Contract for Construction. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement unless otherwise modified by written instrument. 2.6.5 The Architect shall visit the site at intervals appropriate to the stage of construction or as otherwise agreed by the Owner and Architect in writing to become generally familiar with the progress and quality of the Work completed and to determine in general if the Work is bein� performed in a manner indicating that the Work when completed will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of on-site observations as an architect, the Architect shall keep the Owner informed of the progress and quality of the Work, and shall endeavor to guard the Owner against detects and deticicncies in the Work. (.tb�re e.rrrn.rrve sile reprrsrnru�ron m��v hr uKrerd ro us un .�ddiliona! Srrvice. us de.rcr�bed in PuruKrrrph 3.2.1 2.6.6 The Architect shall not have control over or chazge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility under the Contract for Construction. The Architect shall not be responsible for the Contractor's schedules or failure to carry out the Work in accordance with the Contract Documents. The Architect shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 2.6.7 The Architect shall at all times have access to the Work wherever it is in preparation or progress. 2.6.8 Except as may otherwise be provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shalt communicate through the Architect. Communications by and with the Architect's consultants shall be through the Architect. 2.6.9 Based on the Architect's observations and evaluations of the Contractor's App(ications for Payment, the Architect shall review and certify the amounu due the Contractor. 2.6.10 The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's observations at the site as provided in Subparagraph 2.6.5 and on the data comprising the Contractor's Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowledge, information and belief, quality of the Work is in accordance with the Contract Documenu. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment shall further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment shall not be a representation that the Architect has (() made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from alA DOCUMENT B141 - OWNER-ARCHITECT AGREEMENT - FOURTEENTH EDITION - AIA - COPYRlGHT. 1987 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292.; Unlicensrd phutocopying violates U.S. cupyright laws and is subject to le;al prusecution. This document was electronically produced with the permission of tht AIA and can be reproduced without violatiun until the date of �xpiration as notcJ tx:low. Electronic Format B 141- t 987 User pocument: FRI�LEY.DOC -- 10/24/1997. AIA License Number 10"1831, which expires on 9/7/1998 -- Page #3 37.04 tiubcontractors anJ matcriaf suppliers and other data rcyucsted by the Owner to substantiate the Contractor's right to payment o� (d) ascertained huw or fo� what purpose the Contractor has used money previously paid on account of the Contract Sum. 2.6.11 The Architect shall have authority to reject Work which does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable for implementation of the intent of the Contract Documents, the Architect will have authority to require additional inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authoriry of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall �ive rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons performing portions of the Work. 2.6.12 The Architect shall review and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action shall be taken with such reasonable promptness as to cause no delay in the Work or in the construction of the Owner or of separate contractors, while allowing sufficient time in the Architect's professional jud�ment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions for installation or performance of equipment or systems desi�ned by the Contractor, all of which remain the responsibility of the Contractor to the extent required by the Contract Documents. i'he Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of construction means, methods, techniques, sequences or procedures. 'fhe Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. When professional certification of performance characteristics of materials, systems or equipment is required by the Contract Documents, the Architect shall be entitled to rely upon such certification to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents. approval and executiun in accordance with the Contract Documents, and may authorize minor changes in the Work not involving an adjustment in the Contract Sum or an extensioo of the Contract Time which are not inconsistent with the intent of the Contract Documents. 2.6.14 The Architect shall conduct inspections to detertnine the date or dates of Substantial Completion and the date of final completion, shall receive and forward to the Owner for the Owner's review and records written warranties and related documents required by the Contract Documents and assembled by the Contractor, and shall iss�e a final Certificate for Payment upon compliance with the requirements of the Contract Documents. 2.6.15 The Architect shall interpret and decide matters concerning performance of the Owner and Contractor under the requirements of the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made with reasonable promptness and within any time limits agreed upon. 2.6.16 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions so rendered in good faith. 2.6.17 The Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. 2.6.18 The Architect shall render written decisions within a reasonable time on al! claims, disputes or other matters in question between the Owner and Contractor relating to the execution or progress of the Work as provided in the Contract Documents. 2.6.19 The Architect's decisions on claims, disputes or other matters, including those in question between the Owner and Contractor, except for those relatina to aesthetic effect as provided in Subparagraph 2.6.17, shall be subject to arbitration as provided in this Agreement and in the Contract Documents. ARTICLE 3 ADDITIONAL SERVICES 2.6.13 The Architect shall prepare Change Orders and Construction Change Directives, with supporting 3.1 GENERAL documentation and data if deemed necessary by the Architect 3.1.1 The services described in this Article 3 are not as provided in Subparagraphs 3. I. I and 33.3, for the Owner's AlA DUCUMENT B I�t I- OWNER-ARCHITECT AGREEMENT - FOURTEENTH EDITION - AIA - COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORI� AVE�(UE N.W., WASHINGTON, D.C. 20006-5292.; Unliccnsed photocopying violates U.S. cupyright laws and is subject to Iegal prosncutiun. This documnnt wac electronically produced with the permission of thn AIA anJ can be reproduced without violatiun until tht date ofexpiration ac nuteJ beluw. Electronic Format B141-1987 User pocument: FRIDLEY.DOC -- 10/24/1997. AIA License Number 101831, which expires on 9/7/1998 -- Page #4 37.05 inciucicei in E3asic Services unless so identified in Article 12. anJ they shall be paid for by the Owner as provided in this A�reement, in addition to the compensation for Basic Services. The services described under Paragraphs 3.2 and 3.4 shall o�ly be provided if authorized or confirmed in writin� by the Owner. If services described under Contingent Additional Services in Paragraph 3.3 are required due to circumstances beyond the Architect's control, the Architect shall notify the Owner prior to commencing such services. If the Owner deems that such services described under Paragraph 3.3 are not required, the Owner shall give prompt written notice to the Architect. If the Owner indicates in writina that alt or part of such Contingent Additional Services are not required, the Architect shall have no obligation to provide those services. 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 [f more extensive representation at the site than is described in Subparagraph 2.6.5 is required, the Architect shall provide one or more Project Representatives to assist in carrying out such additional on-site responsibilities. 3.2.2 Project Representatives shall be selected, employed and directed by the Architect, and the Architect shall be compensated therefor as agreed by the Owner and Architect. The duties, responsibilities and timitations of authority of Project Representatives shall be as described in the edition of AIA Document B352 current as of the date of this A�reement, unless otherwise agreed. 3.2.3 Through the observations by such Project Representatives, the Architect shall endeavor to provide further protection for the Owner against defects and deficiencies in the Work, but the furnishing of such project representation shall not modify the rights, responsibilities or obli�ations of the Architect as described elsewhere in this A�reement. 3.3 CONTINGENT ADDITIONAL SERVICES 3.3.1 Making revisions in Drawings, Specifications or other documents when such revisions are: 1 inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's program or Project budget; .2 required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such failure to render decisions in a timciy manner. 3.3.2 Providing services required because of signiticant changes in the Project including, but not limited to, si2e, quality, complexity, the Owner's schedule, or the method of bidding or negotiatin� and contracting for construction, except for services required under Subparagraph 5.2.5. 3.3.3 Preparin� Drawings. Specifications and other documentation and supporting data, evaluating Contractor's proposals, and providing other services in connection with Change Orders and Construction Change Directives. 3.3.4 Providing services in connection with evaluating substitutions proposed by the Contractor and making subsequent revisions to Drawings, Specifications and other documentation resulting therefrom. 3.3.5 Providing consultation concerning replacement of Work damaged by fire or other cause during construction, and furnishing services required in connection with the replacement of such Work. 3.3.6 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the Work of the Contractor, or by failure of performance of either the Owner or Contractor under the Contract for Construction. 3.3.7 Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with the Work. 3.3.8 Providing services in connection with a public hearing, arbitration proceeding or legal proceedina except where the Architect is party thereto. 3.3.9 Preparing documents for alternate, separate or sequential bids or providing services in connection with bidding, negotiation or construction prior to the completion of the Construction Documents Phase. 3.4 OPTIONAL ADDITIONAL SERVICES 3.4.1 ��g �a�yses -e€ -t�e -A�er'� -�e�e�s -a�- 3.4.2 Providina financial feasibility or other special studies. 3.4.3 Providing planning surveys, site eva(uations or comparative studies of prospective sites. documents; or 3.4.4 Providing special surveys, environmental studies and submissions required for approvals of governmental .3 due to changes required as a result of the Owne�'s authorities or others having jurisdiction over the Project. AIA DOCUMENT B 141 - OWNER-ARCHITECT AGREEMENT - FOURTEENTH EDITION - AIA - COPYRIGHT 1987 - THE AMERICAN (NSTITUTE OF ARCHI"i'EC'CS, 1735 NEW YORI� AVENUE N.W.. WASHINGTON, D.C. 20006-5292.; Unlicenstd photocopying violates U.S. copyright laws and is subject to legal prosecution. This documtnt was electronically produced with thC pertnission of the AIA and can be rcproduced without violation until thc date of e:cpiration as nuted bcluw. Electronic Format B141-1987 User pocument: FRIDLEY.DOC -- 10/24/1997. AIA License Number 101831, which expires on 9R/1998 — Page #5 37.06 3.4.5 Providing services relative to future facilities, systems and equipment. 3.4.6 Providing services to investigate existing conditions or facitities or to make measured drawings thereof 3.4.7 Providing services to verify the accuracy of drawings or other information furnished by the Owner. 3.4.8 Providing coordination of construction performed by separate contractors or by the Owner's own forces and coordination of services required in connection with construction performed and equipment supplied by the Owner. 3.4.9 Providing services in connection with the work of a construction manager or separate consultanu retained by the Owner. 3.4.10 Providing detailed estimates of Consuuction Cost. 3.4.11 Providing detailed quantiry surveys or inventories of material, equipment and labor. 3.4.12 Providing analyses of owning and operating cosu. 3.4.13 �g-�er�eF-�es��-e�l��ices- �e�-€eF , , • 3.4.14 Providing services for planning tenant or rental spaces. 3.4.15 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities. 3.4.16 Preparing a set of reproducible record drawings showing significant changes in the Work made during construction based on marked-up prints, drawings and other data furnished by the Contractor to the Architect. 3.4.17 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance, and consultation during operation. 3.4.18 Providing services after issuance to the Owner of the final Certificate for Payment, or in the absence of a final Certificate for Payment, more than 60 days after the date of Substantial Completion of the Work. 3.4.19 Providing services uf consultants for other than architectural, structural, mechanical and electrical engineering portions of the Project provided as a part of Basic Services. 3.4.20 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. ARTICLE 4 OWNER'S RESPONSIBILITIES 4.1 The Owner shall provide full information regardina requirements for the Project, including a program which shall set forth the Owner's objectives, schedule, constraints and crite�ia, including space requirements and relationships, flexibiliry, expandabiliry, speciat equipment, systems and site requiremenu. 4.2 The Owner shall establish and update an overall budget for the Project, including the Construction Cost, the Owner's other costs and reasonable contingencies related to all of these cosu. 4.3 if requested by the Architect, the Owner shall furnish evidence that financial arrangements have been made to fulfill the Owner's obligations under this Agreement. 4.4 7'he Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such authorized representative shall render decisions in a timely manner pertaining to documenu submitted by the Architeci in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. 4.5 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavemenu and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, easeme.nts, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data pertaining to existing buildings, other improvements and trees; and information conceming available utiliry services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a project benchmark. 4.6 The Owner shall furnish the services of geotechnical engineers when such services are requested by the Architect. AIA DOCUMENT B l41 - OWNER-ARCHITECT AGREEMENT - FOURTEENTH EDITION - AIA - COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-�292.; Unlictnsed photucopying violates U.S. eupyright laws and is subject to Icaal prusecution. This document was electronically produced with the permission of thc AIA and can be reproduced without violation until the date of expiration as nuteJ bclow. Electronic FoRnat B141-1987 User pocument: FRIDLEY.DOC —10/24/1997. AIA License Number 101831, which expires on 9R/1998 — Page #6 37.07 �uch services may include but are not limited to test burings, test pits, determinations of soil bearing values, percolation tcsts, evaluations of hazardous materials, ground corrosion and resistivity tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate professional recommendations. 4.6.1 The Owner shall furnish the services of other consultants when such services are reasonably required by the scope of the Project and are requested by the Architect. 4.7 The Owner shall furnish structural, mechanical, chemical, air and water pollution tests, tests for hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. 4.8 The Owner shall fumish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services the Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner. 4.9 The services, information, surveys and repocts required by Paragraphs 4.5 through 4.8 shall be furnished at [he Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. 4.10 Prompt written notice shall be given by the Owner to the Architect if the Owner becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents. 4.11 The proposed tanguage of certificates or certifications requested of the Architect or Architect's consultants shall be submitted to the Architect for review and approval at least l4 days prior to execution. The Owner shall not request certifications that would require knowledge or services beyond the scope of this Agreement. ARTICLE 5 CONSTRUCTION COST 5.1 DEFINITION 5.1.1 The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the Project designed or specified by the Architect. 5.1.2 The Construction Cost shatt include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the r�rchitec:t, plus a reasonable allowance for the Contractor's ovenc�ad and profit. In addition, a reasonable alluwance for contingencies shall be included for market conditions at the time of bidding and for changes in th� Work durin� construction. 5.1.3 Construction Cost does not include the compensation of the Architect and Architect's consultants, the costs of the land, rights-of-way, financing or other costs which are the responsibility of the Owner as provided in Article 4. 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.2.1 Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost, if any, prepared by the Architect, represent the Architect's best judgment as a design professional familiar with the construction industry. [t is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Architect. 5.2.2 No fixed limit of Construction Cost shall be established as a co�dition of this Agreement by the furnishing, proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the parties hereto. If such a fixed limit has been established, the Architect shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Documenu alternate bids to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. 5.2.3 If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the Consuuction Documents to the Owner, any Project bud�et or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the Owner and the date on which proposa(s are sought. AIA DOCUMENT B 141 - OWNER-ARCHITECT AGREEMENT - FOURTEENTH EDITION - AIA - COPYRIGNT 1987 - THE AMERICAN MSTITUTE OF r\RCFIITECTS, 173� NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-�292.; Unliccnstd photocopying violates U.S. cupyright laws and is subject to le�al prusccution. This Jocument wu etectronically produced with the pennission uf the AIA and can bn reproduced without violation until thc date ut'cxpiration ac noted bclow. Electronic Format B141-1987 User pocument: FRIDLEY.DOC — 10/24/1997. AIA License Number 101831, which expires on 9/7/1998 -- Page #7 37.08 5.2.4 If a tixed limit uf Constr'uction Cost (adjusted as provided in Subparagraph 5.2.3) is exceeded by the lowest buna tide bid or negotiated proposal, the Owner shall: give written approval of an increase in such Fxed limit; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 if the Project is abandoned, terminate in accordance with Paraaraph 83; or .4 cooperate in revising the Project scope and quality as required to reduce the Construction Cost. 5.2.5 [f the Owner chooses to proceed under Clause �.2.4.4, the Architect, without additional charge, shall modify the Contract Documents as necessary to comply with the fixed limit, if established as a condition of this Agreement. The modification of Contract Documents shall be the limit of the Architect's responsibiliry arising out of the establishment of a fixed limit. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. ARTICLE 6 USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 6.1 The Drawings, Specifications and other documents prepared by the Architect for this Project are instruments of the Architect's service for use solely with respect to this Project and, unless otherwise provided, the Architect shall be deemed the author of these documents and shall retain all common law, statutory and other reserved rights, including the copyright. The Owner shall be permitted to retain copies, including reproducible copies, of the Architect's Drawings, Specifications and other documents for information and reference in coni►ection with the Owner's use and occupancy of the Project. The Architect's Drawings, Specifications or other documents shall not be used by the Owner or others on other projects, for additions to this Project or for completion of this Project by others, unless ihe Architect is adjudged to be in default under this Agreement, except by agreement in writing and with appropriate compensation to the Architect. 6.2 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the Architect's reserved rights. ARTICLE 7 ARBITRATION 7.1 Claims, disputes or other matters in question between the parties to this Agreement arising out of or relating to this Ajreement or breach thereof shall be subject to and decided by arbitration in accordance with the Construction (ndustry Arbitration Rules of the American Arbitration Association currently in effect unless the parties mutually agree otherwise. 7.2 Demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. A demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. [n no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statutes of limitations. 7.3 No arbitration arising out of or relating to this Agreement shalt include, by consolidation, joinder or in any other manner, an additional person or entiry not a party to this Agreement, except by written consent containing a specific reference to this Agreement signed by the Owner, Architect, and any other person or entiry sought to be joined. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any ciaim, dispute or other matter in question not described in the written consent or with a person or entity not named or described therein. The foregoina agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by the paRies to this A�reement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. 7.4 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. ARTfCLE 8 TERMINATION, SUSPENSION OR ABANDONMENT 8.1 This Agreement may be terminated by either parry upon not less than seven days' written notice should the other parry fail substantially to perform in accordance with the terms of this Agreement through no fault of the parry initiating the termination. A(A DOCUMENT B141 - OWNER-ARCHITECT AGRHEMENT - FOURTEENTH EDITION - AIA - COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292.; Unlicensed phutocopying violates U.S. copyright laws and is subject to Irgal prosrcution. This document was eltctronically proJuced with the permission of the AIA and can bn reproduced without violation until the date of expiration as noted below. Electronic Format Bl41-1987 . User pocument: FRIDLEY.DOC -- 10/24/1997. AIA License Number 101831, which expires on 9/7/1998 — Page #8 37.09 8.2 ff the Project is suspcnded by the Own�r for more ttian 3Q consecutive days, the Architect shall be compensated fur services performed prior to notice of such suspension. When the Project is resumed, the Architect's compensation shall be equitably adjusted to provide for expenses incurred in che inrerruption and resumption of the Architect's services. 8.3 This Agreement may be terminated by the Owner upon not less than seven days' written notice to the Architect in the event that the Project is permanently abandoned. If the Project is abandoned by the Owner for more than 90 consecutive days, the Architect may terminate this Agreement by ;iving written notice. 8.4 Failure of the Owner to make payments to the Architect in accordance with this Agreement shall be considered substantial nonperformance and cause for termination. 8.5 [f the Owner fails to make payment when due the Architect for services and expenses, the Architect may, upon seven days' written notice to the Owner, suspend performance of services under this Agreement. Unless payment in full is received by the Architect within seven days of the date of the notice, the suspension shall take effect wiihout further notice. (n the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. 8.6 [n the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior' to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Paragraph 8.7. 8.7 Termination Expenses are in addition to compensation for Basic and Additional Services, and include expenses which are directly attributable to termination. Termination Expenses shall be computed as a percentage of the total compensation for Basic Services and Additional Services earned to the time of termination, as follows: .1 Twenry percent of the total compensation for Basic and Additional Services eamed to date if termination occurs before or during the predesign, site analysis, or Schematic Design Phases; or .2 Ten percent of the total compensation for Basic and Additional Services earned to date if termination occurs during the Design Development Phase; or .3 Five percent of the total compensation for $asic and Additional Services earned to date if termination occurs during any subsequent phase. ARTICLE 9 MISCELLANEOUS PROVISIONS 9.1 Unless otherwise provided, this Aareement shall be �overned by the law of the principal place of business of the Architect. 9.2 Terms in this A�reement shall have the same meaning as those in A[A Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. 9.3 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall commence to run not later than either the date of Substantiat Completion for acts or failures to act occurring prior to Substantial Completion, or the date of issuance of the final Certificate for Payment for acu or failures to act occurring after Substantial Completion. 9.4 The Owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, but only to the extent covered by property insurance during construction, except such rights as they may have to the proceeds of such insurance as set forth in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. The Owner and Architect each shall require similar waivers from their conuactors, consultanu and agents. 9.5 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to al( covenants of this Agreement. Neither Owner nor Architect shall assign this Agreement without the written consent of the other. 9.6 This Agreement represents the entire and integrated agreement between the Owner and Architect and supersedes all prior negotiations, representations or a�reements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. 9.7 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third parry against either the Owner or Architect. 9.8 Unless otherwise provided in this Agreement, the Architect and Architect's consultants shall have no AIA DOCUMENT B I� I- OWNER-ARCHITECT AGREEMENT - FOUR'1'EENTH EDITION - AW - COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORI� AVENUE N.W., WASHINGTON, D.C. 20006-5292.; UnlicensrJ phutocopying violates U.S. cupyright laws and is subject to Ingal prostcution. This document was electronically produced with the pertnission of the AIA and can be rrproduced without violation until the date of expiration a5 nottd below. Electronic Format 6141-1987 User pocument: FRIDLEY.�OC -- 10/24/1997. AIA License Number 101831, which expires on 9/7/1998 — Page #9 37.10 respnnsibility for the discovery, presence, handling, removal ur disposal of ur exposure of persons to hazardous materials in :►ny form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) ur other toxic substances. 9.9 The Architect shall have the right to include representations of the design of the Project, including phutographs of the exterior and interior, among the Architect's promotional and professional materials. The Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidentiat or proprietary. The owner shall provide professional credit for the Architect on the co�struction sign and in the promotional materials for the Project. ARTICLE 10 PAYMENTS TO THE ARCHITECT 10.1 DIRECT PERSONNEL EXPENSE 10.1.1 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits. 10.2 REIMBURSABLE EXPENSES 10.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and Architect's employees and consultants in the interest of the Project, as identified in the following Clauses. 10.2.1.1 Expense of transportation in connection with the Project; expenses in connection with authorized out-of-town travel; long-distance communicatio�s; and fees paid for securing approval of authorities having jurisdiction over the Project. 10.2.1.2 Expense of reproductions, postage and handling of Drawings, Specifications and other documents. 10.2.1.3 [f authorized in advance by the Owner, expense of overtime work requiring higher than regular rates. limits, includinb professional liability insurance, requested by the Owner in excess uf that normally carried by the Architect and Architect's consultants. 10.2.1.6 Expense of computer-aided design and drafting equipment time when used in connection with the Project. 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 10.3.1 An initial payment as set forth in Paragraph l l.l is the minimum payment under this Agreement. 10.3.2 Subsequent payments for Basic Services shatl be made monthly and, where applicable, shall be in proportion to services performed within each phase of service, on the basis set forth in Subparagraph 1 1.2.2. 10.3.3 If and to the extent that the time initially established in Subparagraph 11.5.1 of this Agreement is exceeded or extended through no fault of the Architect, compensation for any services rendered during the additional period of time shall be computed in the manner set forth in Subparagraph I I .3.2. 10.3.4 When compensation is based on a percentage of Construction Cost and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services aze performed on those poRions, in accordance with the schedule set forth in Subparagraph 11.2.2, based on ( I) the lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed estimate of Construction Cost for such portions of the Project. 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 10.4.1 Payments on account of the ArchitecYs Additional Services and for Reimbursable Expenses shali be made monthly upon presentation of the Architect's statement of services rendered or expenses incurred. 10.5 PAYMENTS WITHHELD 10.5.1 No deductions shall be made from the ArchitecYs compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the Work other than those for which the Architect has been found to be liable. 10.2.1.4 Expense of renderings, models and mock-ups 10.6 ARCHITECTS ACCOUNTING RECORDS requested by the Owner. 10.6.1 Records of Reimbursable Expenses and expenses 10.2.1.5 Expense of additional insurance coverage or pertainin� to Additional Services and services performed on .alA DUCUMENT B l4l - OWNER-nRCHITECT AGRFEMENi' - FOURTEENTH EDITION - AI� - COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORh AVENUE N.W., WASHINGTON, D.C. 20006-5292.: Unliccnscd photocopying violates U.S. copyright laws and is subject to legal prusccutiun. This document was �lectronically produced with the permission uf the AIA and can be reproJuced without violation until the date of e�cpiration a5 noteJ below. Electronic Fonnat B141-1987 User �ocument: FRIDLEY.DOC -- 10/24/1997. AIA License Number 101831, which expires on 9/7/1998 -- Page #10 37.11 tlic basi� of a multiple uF Direct Personnel Expense shall be available to the Owner or the Owner's autho�ized representative at mutually convenient times. ARTICLE 11 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: 11.1 AN INIT(AL PAYMENT of zero Dollars ($ 0) shall be made upon execution of this Agreement and credited to the Owner's account at fnal payment. 11.2 BASIC COMPENSATION 11.2.1 FOR BAS[C SERVICES, as described in Article 2, and any other services included in Article 12 as part of Basic Services, Basic Compensation shall be computed as follows: ([nsert basis of compensation, including stipulated sums, muttiples or percentages, and identify phases to which particular methods of compensation apply, if necessary.) A Stiaulated Sum of Twenty Thousand and No/(00 Dollars (520,000). 11.2.2 Where compensation is based on a stipulated sum or percentage of Construction Cost, progress payments for Basic Services in each phase shall total the following percentages of the total Basic Compensation payable: (Insert additional phases as appropriate.) Schematic Design Phase: Ten percent ( 10 %) Design Development Phase: Fifieen percent ( 15 %) Construction Documents Phase: F� percent ( 40 %) Bidding or Ne�otiation Phase: Five percent ( 5%) Construction Phase: Twen percent ( 20 %) ota asic ompensat�on one un re percent o 11.3 COMPENSATION FOR ADDITIONAL SERVICES 11.3.1 FOR PROJECT' REPRESENT'ATION BEYOND BAS[C SERVICES, as described in Paragraph 3.2, compensation shall be computed as follows: Compensation shall be computed at a multiple of Direct Personnel Expense as defined in Article 10 but not to exceed the hourly rates listed in Aapendix B"Architect's Hourlv Rate Schedule" attached and made a oart of this A�reement. 11.3.2 FOR ADD[T[ONAL SERVICES OF THE ARCHITECT, as described in Articles 3 and 12, other than (I) Additional Project Representation, as described in Paragraph 3.2, and (2) services inc(uded in Article 12 as part of Basic Services, but excluding services of consultants, compensation shal! be computed as follows: ' (/nsert basis ojcompensa�ion, including rates and/or multiples aJDirect Personne! Expense jor Principa/s axd employees. and ident� Principals and class� employees, ijrequired. /dent� specifre servrces to whieh particular inethods ojcompensation apply, ijnecessary.) Compensation shall be comauted at a multiale of Direct Personnel Exvense as defined in ARicle 10 but not to exceed the hourlv rates listed in Aaaendix B"Architect's Hourlv Rate Schedule" attached and made a aart of this AQreement. 11.3.3 FOR ADD[TIONAL SERVtCES OF CONSULTANTS, including additional structural, mechanical and elecuical en�ineerin� services and those provided under Subparagraph 3.4.19 or identified in Article 12 as part of Additional Services, a multiple of one ( 1_0 ) times the amounts billed to the Architect for such services. //dentify specific types ojconsultants irt Arricle !2, ijrequired.) 11.4 REIMBURSABLE EXPENSES 11.4.1 FOR RE[MBURSABLE EXPENSES, as described in Paragraph 10.2, and any other items included in Article 12 as Reimbursable Expenses, a multiple of one ( I_0 ) times the expenses incurred by the Architect, the Architect's employees and consultants in the interest of the Project. 11.5 ADDITIONAL PROVISIONS AIA DOCUtifENT B 141 - OWNER-ARCHITECT AGREEMENT - FOURTEENTH EDITION - AIA - COPYRlGHT 1987 - THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE N.W., WASHlNGTON, D.C. 20006-5292.; Unlicensed photocopying violatCS U.S. copyright laws and is subject to le��l prosecution. This documtnt wac tlectronically produced with thc permission uf the AIA and can be reproduced without violatiun until the date of crpiration as nuted bclow. Electronic Format B141-1987 User pocument: FRIDLEY.DOC --10/24/1997. AIA License Number 101831, which expires on 9/7/1998 — Page #11 37.12 11.5.1 IF THE BASIC SERVICES covered by this Agreement have not been completed within twelve ( 12 ) months of thr date hereof, through no fault of the Architect, extension of the ArchitecCs services beyond that time shall be compensated as provided in Subparagraphs 10.3.3 and I 1.3.2. 11.5.2 Payments are due and payable thjrtY ( 30 ) days from the date of the Architect's invoice. Amounts unpaid thtrtY ( 30 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. Ilnsrrt rate ojrnterest vgrerd upon.) Interest rate shall be one oercent ( I%) aer month after such thirtieth dav. /Usury law.r and requirements u»der the Federa/ Truth in Lending Act, simrlar s�ate ond local cansumer credit laws and other regula�ions ar �lre Owner's and .architect s principa! places ojbusinrss, the location ojthe Project and elsewleere may a,(rect �he validiry ojlAis provision. Specifrc legal advice skou/d be obtained with respec� to delerions or modifrcaJions. and afso regarding requiremen�s such as writren disclosures or timivers.) 11.5.3 The rates and multiples set forth for Additional Services shall be annually adjusted in accordance with normal salary review practices of the Architect. ARTICLE 12 OTHER CONDITIONS OR SERVICES (Insert desc�rprions ojoiher services, idext� Additiona! Servicts included withrn Basie Compensalion o►rd modlfrealiau to t/re payment and eompensotion terms irtcluded in this:lgreement.) 12.1 The Architect will attend five (5) Plannine meetinss throuehout the course of the Proiect. 12.2 Computer aided desien and draftine eQUiament time will be chareed at a rate of Twen and No/100 Dollars ($20.00) oer hour- -- 12.3 Reimbursable Exoenses shall not exceed Two Thousand Five Hundred and No/100 Dollars (52,500.00) 12.4 Sixteen (16) hours of [nterior Desisn services are included in Basic Services. 12.5 The Proiect witl be desi�ned with the end users, arimarilv vouth, in mind, but with enoueh flexibilitv to be used bv ali aee �roupsin the Fridlev communitv. 12.6 The Architect shall attend weeklv construction meetines at the site. 12.7 Alt revisions after the comoletion of the Schematic Desien Phase shall be reviewed and ap�roved bv the Owner. This Agreement entered into as of the day and year first written above. OWNER lS;gnanrre) William W. Bums, CitY Mana¢er (Prinred rrame and titleJ ARCHITECT (SignalureJ John P. Litchv, Senior Vice President (Prinred name and tr�le) AI�1 DOCUh1ENT B 141 - OWNER-ARCHITECT AGREEMENT - FOURTEENTH EDITION - AIA - COPYRIGHT 1987 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORh AVENUE N.W., WASHINGTON, D.C. 20006-5292.; Ualic�nsed photocopying violates U.S. copyright laws and is subject to Icg�l prusecution. This document was electronically produced with the permission of the AIA and can be reproduced without violation until the date uferpiration ac nuted below. Electronic Format B 141-1987 User pocument: FRIDLEY.DOC — 10/24/1997. AIA License Number 101831, which expires on 9/7/1998 — Page #12 37.13 N L Oq C A v a� - 3 �� 0 00 .. c c •y � •N y C ` U a < y : �'s � _ y�j .O W .� = � •� Y �� Y � v L t � C a � Y C 3 � !'� � O� 00 � .�.. O '� :: � � � � O „ Setter, Leach & Lindstrom Position Principal Projed Manager Director of Technical Services Senior Project Engineer Senior Projed Architect Projed Engineer Projed Archited Senior Architect/Enginee� Architect/Engineer Senior Technician Technician Word Processor CADD 37.15 This is Exhibit B, consisting of I page, referred to in the Agreement between Owner and Architect, ` dated October 8, 1997. Hourly Billing Rate Not to Exceed 130 110 105 90 85 80 75 70 60 55 45 38 20