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11/10/1997 - 4802� FRIDLEY CITY COONCIL MEETING Ftia�r ATTENDENCE SHEET Manday, Nvvembetc 10, 1997 � 7:30 P.M. PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN PRI T NAME (CLEARLY) ADDRESS � � � � ��.�� %� E'.� ' �'�` � � � ;� �� Si/yl� � � ,�-; , r iY/l;; i �l 5 / //�T/F'//G'/ � 7� � .L`/�7��/� � , ' �_ �= �. Z �.X�.� �� i r f1 J � e .� _x-�.e._ e.wa 1 I-� c� t'`%� (�c�, ll �a�� I� 1� h r� _� � �i�.� r � � . i 0 ,�>�y t< �� -��iJr.,a�e�— �J �: t4�% �c� l-1 ��- �.y� ��A � �.-�is /r i � / � L��7�`�, .� � � �, ( / 7 � �% a �/ !-,.�--z- � I � z- S�i a 7� �c' �!� a ��h � V--P � z� ✓�-��-�� G'� � � ../ L� � < it� ` y;= �u� ,, �. ,, � � �J l� ��,� c�e� �i i� =�- � � t � r � � �-� /�(�i SS�.S�I/�rl f � � � � ITEM NUMBER � -� - i� �l � r3�� / / o�(� ,, ., n � .G I�...� _ �yc � ��,��. . � ? � �j'� < l'D �U T/��1�,� �'�' � � � / � ��c_ � ( �D �� S �_ � � 2,�,,' �� '� . � 1 /c % /i � U�:,L, E �ss �- � �,(;�e�— ir �� f o N � }�'u.r�. C� GL ��%�. � �r.c� C �' , �+ u ` ��LCy�...1 � L CfTY OF FRIDLEY FBIDLEY CITY COUNCIL MEETING OF NOVEMBEB 10,1997 T'he City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (T"TD/572-3534) PLEDGE OF ALLEGIANCE. APPROVAL OF MINUTES: City Council Meeting of October 27, 1997 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: Resolution Approving a Final Plat, P.S. #97-02, Walton Addition (by Wal-Mart Stores, Inc.) (Ward 3) . . . . . . . . . . . . . . . . . . . 1.01 - 1.04 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, ZOA #97-08, by Todd Bachman of Bachman's, Inc., to Rezone Property Generally Located at 8200 University Avenue N.E.) (Ward 3) . . . . . . . . . . . . . . . . . 2.01 - 2.02 FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 1997 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA• OLD BUSINESS (CONTINUED�• Second 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 Off.icial Title and Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.01 - 3.11 Resolution Supporting Designation of the Mississippi River as an American Heritage River (Tabled October 27, 1997) ....................................4.01-4.34 NEW BUSINESS: Variance, VAR #97-18, by Frank Masserano, III, for International Ministerial Fellowship, to Reduce the Setback from an Adjacent Residential Property from 30 Feet to 15 Feet, to Allow the Construction of an Office Building, Generally Located at 63rd Avenue and East Moore Lake Drive (Ward 2) . . . . . . . . . . . . . . . . . . . . . . . 5.01 - 5.19 FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 1997 PAGE 3 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): Resolution in Support of an Application for a Minnesota Lawful Gambling Premises Permit to Fridley V.F.W. Post 363 (Ward 2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6.01 - 6.02 Resolution Receiving the Preliminary Report on the Matter of Construction of Certain Improvements: Street Improvement Project No. ST. 1998 - 1 . . . . . . . . . . . . . . . 7.01 - 7.03 Approve Change Order No. 2 to I-694/TH 47 NE Ramp Reconstruction Project No. ST. 1997 - 3 (Ward 1) . . . . . . . . . . . . . . . . . . 8.01 - 8.03 Establish a Public Hearing for November 24, 1997, to Consider a Resolution Authorizing the Submittal of a Grant Application to the State of Minnesota for the Onan Corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9.01 - 9.03 FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 1997 PAGE 4 APPROVAL OF PROPOSED CONSENT AGENDA• NEW BUSINESS (CONTINUED� Claims....................................10.01 Licenses . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . 11.01 - 11.02 Estimates: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12.01 - 12.08 ADOPTION OF AGENDA: OPEN FORUM, VISITORS: (Consideration of Items not on Agenda - 15 Minutes) PUBLIC HEARINGS: Rice Creek Bank Stabilization Project No. 309 (Ward 1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13.01 - 13.05 Hackmann Avenue Improvement Project No. ST. 1998 - 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14.01 - 14.06 � FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 1997 PAGE 5 Preliminary Plat, P.S. #97-04, Heather Hills North, by The Philip Stephen Companies, to Resubdivide the Property Generally Located at 6217 Central Avenue N.E. (Ward 2) (Tabled October 13, 1997) . . . . . . . . . . . ................ 15.01-15.38 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 Redevelopment Plan in a S-2, Redevelopment District, Generally Located at 6525 University Avenue N. E. (Ward 1) (Tabled October 27, 1997) . . . . . . . . . . . . . . . . . 16.01 - 16.39 NEW BUSINESS: First Reading of an Ordinance Recodifying the Fridley City Code, Chapter 205, Entitled "Zoning," by Adding New Section 205.29, "0-5 Telecommunications Towers and Facilities;" to Amend Sections 205.06, 205.17.01.C.(7), 205.18.01.C.(7), 205.19.02. C. (5), 205.20.01. C. (1), and 205.12.02.A.(7); and to Amend Chapter 11, "General Provisions and Fees" . . . . . . . . . . . . . . . . . . . . . . . . . 17.01 - 17.24 FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 1997 PAGE 6 NEW BUSINESS (CONTINUED� First Reading of an 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" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18.01 - 18.04 Receive Proposals for Collection, Processing and Marketing Services for the Fridley Recycling/Redemption Center . . . . . . . . . . . . . . . . . 19.01 - 19.05 Award Contract for Collection, Processing and Marketing Services for the Fridley Recycling/Redemption Center . . . . . . . . . . . . . . . . . . . . . . . . . 20.01 - 20.09 Resolution Ordering Final Plans and Specifications and Estimates of Costs Thereof: Rice Creek Project No. 309 (Ward 1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21.01 - 21.02 FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 1997 PAGE 7 NEW BUSINESS (CONTINUEDI: Resolution Ordering Final Pians and Estimates of Costs Thereof: Hackmann Avenue Improvement Project No. ST. 1998 - 1 (Ward 1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22.01 - 22.03 Informai Status Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23.01 ADJOURN: . , ' . - - �� .. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10,1997 '� � QTY OF FRIDLEI The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national oriDin, sex, disability, age, marital status, sexual orientarion 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. / / ^ �� --� �r� � �%,,��...,,, � _ ,�'�--� ,o�- ,�.�.,-...�� i 9 9 � APPROVdL OF MI E�� 7 ��`"" �``"� City Council Meeting of October 27, 1997 ` ��.� .� ``-, - /�-�-��.L_� % l' � APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: Resolution Approving a Final Plat, P.S. #97-02, Walton Addition (by Wal-Mart Stores, Inc.) (Ward 3) . 1.01 - 1.04 ; �:. �( �� / - �% �, �� 1��,2.. �'�/� � `� ( �-� �;. ,_�_ � 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, ZOA #97-08, by Todd Bachman of Bachman's, Inc., to Rezone Property Generally Located at 8200 University Avenue N.E.) (Ward 3) 2.01 - 2.02 �.L��—y- � /�� *��<t� �?i1O-�l.f/l.�!�� o"/'i�'�-�*-�!' / > ��.e�-( �- /l� � Second 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;.�- 60 `;r , /3, o / ; and, APPROVAL OF PROPOSED CONSENT ACENDA: OLD BUSINESS (CONTINUEDI: Resolution Supporting Designation of the Mississippi River as an American Heritage River (Tabled October 27, 1997) . . . . . . . . . . . . . 4.01 - 4.34 � ��f' r-t' ��,��4� �.- , �� NEW BUSINESS: Variance, VAR #97-18, by Frank Masserano, III, for International Ministerial Fellowship, to Reduce the Setback from an Adjacent Residential Property from 30 Feet to 15 Feet, to Allow the Construction of an Office Building, Generally Located at 63rd Avenue and East Moore Lake Drive (Ward 2) ..... 5.01 - 5.19 � � ��,,.�r-� �� Resolution in Support of an Application for a Minnesota Lawful Gambling Premises Permit to Fridley V.F.W. Post 363 (V11ard 2) . . . . . . . . . . . . 6.01 - 6.02 �„�-��`� /�Z�-- �� Resolution Receiving the Preliminary Report on the Matter of Construction of Certain Improvements: Street Improvement Project No. ST. 1998 - 1 . . . . . . . . . . . . . . 7.01 - 7.03 c�-�--%-� f� � y, 9 Authorize Publication of Official � itle and Summary . . . . . . . . . . . 3.01 - 3.11 � � /�,tsr� -+.�"� `'��7 tiC ( .2_-! � �,( /' ,v ; " ��"�'/i�! �� -.-- z�. � ' > �� r� // / o APPROVAI OF PROPOSED CONSENT AGENDA• NEW BUSINESS jCONTINUED� Approve Change Order Na 2 to I-694/TH 47 NE Ramp Reconstruction Project No. ST. 1997 - 3 (Ward 1) 8.01 - 8.03 C L ,��,��,,,�,.. � Establish a Public Hearing for November 24, 1997, to Consider a Resolution Authorizing the Submittal of a Grant Application to the State of Minnesota for the Onan Corporation . . . . . . . . . . . . 9.01 - 9.03 ��-�-- �� i�/��ly� Claims �` �,1%�:'{':�.��.--:� 10.01 �� Licenses Estimates: ��,-�:"�.01 - 11 A2 . �`��`rt'.` :'`: �. . . . 12.01 - 12.08 f a OLD BUSINESS: Preliminary Plat, P.S. #97-04, Heather Hiils North, by The Philip Stephen Companies, to Resubdivide the Property Generally Located at 6217 Central Avenue N.E. (Ward 2) (Tabled October 13, 1997) . . . . . . . . . . . . 15.01 - 15.38 �� /J7 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 Redevelopment Plan in a S-2, Redevelopment District, Generally Located at 6525 University Avenue N.E. (Ward 1) (Tabled October 27, 1997) 16.01 - 16.39 �-7-� ��,--�y�� • /� - ,�v � ,� �� NEW BOSINESS: First Reading of an Ordinance Recodifying the Fridley City Code, Chapter 205, Entitled "Zoning," by Ad�Eng !Vew Section 2Q5.29, "0-5 Telecommunications Towers and Facilities;" to Amend Sections 205.06, 205.17.01.C.(7), 205.18.01.C.(7), 205.19.02.C.(5), 205.20.01.C.(1), and 205.12.02.A.(7); and to Amend Chapter 11, "General Provisions and Fees" . . . . . . . . . ; 1 01 - 7.24 ADOPTION OF AGENDA: � �� ,�� ti: �- ��.�- �. � ;, � ,r'�g�._,..: �,�---v-;--, �- �-�� , j' S' 1 -e��,�=�_•-�,-C ��'�- �� /��-� , �-�� 5r � �' y 7 -o.I�, �-�-� <- - OPEN FORUM. VISITORS: First Reading of an Ordinance Amending Chapter 113, Entitled "Solid Waste (Consideration of Items not on Agenda - 15 Minutes) Disposal and Recycling Collection," by „ Amending Section 113.07, and also y�,�� ,1,,,,� �� , ,� � � �� `�`-""�-•� . Amending Chapter 11, Entitled "General , • � _ ,, ;. ��w � Provisions and Fees," by Amending �-1 �'�--`�� '�� ,�,�� .�y�y��ection 11.10, "Fees" . . . . . . . . . . . . . . 18.01 -18.04 PUBLIC HEARINGS: - f� / ��c.�� Rice Creek Bank Stabilization Project No. 309 (Ward 1) . . . . . . . . . . . . . . 13.01 - 13.05 ��l G� Receive Proposals for Collection, �_ �- S' '/� Processing and Marketing Services for the Fridley Recycling/Redemption Center 19.01 - 19.05 Hackmann Avenue Improvement Project No. ST. 1998 - 1 � 14.01 - 14.06 � . � ; �. �. . . . . ��tec.-c� . f r • NEW BUSINESS (CONTINUED): Award Contract for Collection, Processing and Marketing Services for the Fridley Recycling/Redemption Center . . . . . . . . . 20.01 - 20.09 �.,G��.� �,.,-'�-_,�..--.-a� C- v"�'�` - `,� n `'� ��✓.�' `"'`"" '�" ��""�' ��.�" �- � � .� . Resolution Ordering Final Plans and Specifications and Estimates of Costs Thereof: Rice Creek Project No. 309 (Ward 1) . . . . . . . . . . . . . . 21.01 - 21.02 G[ ��'° /��C �� — �-/ �' Resolution Ordering Final Plans and Estimates of Costs Thereof: Hackmann Avenue Improvement Project No. ST. 1998 - 1 (Ward 1) . . . . , . . . 22.01 - 22.03 l�' �.-,C'_v�'�`�,t �,c� � j 4 .� / .—� �--�'%'� , `� �— . � /.f�. �'��r��'--�- �� ,�-,c-,�-�� '�-�` � � � � i�-s'� y � - �_ ,.; �-�-f�-�',-�-� �.��.--..-� �-�.��.-� " , ��,/�-��.-�: Informal Status Repo�ts . . . . . . . C �Y� � ��` ....... 23.01 J�,��,�% �'��-�--. �� .�. �,,,, � S�f: � -w�r,�-c�� -�'�.-�s-�-r-e— � � , „ � . � _ �- ,.�4� --� � � � L`: _ � f r L�� p`- ,S� •C..�"a-��-.. d,�« . �.--� ,--�. . - i-� ,�_-�_�.r- -� �: _ � 1 � �_ . , � �/ JL..-u-'l,=-d-�`" % ��s,-�'r G�.,,�rr.—�.tr /Z`. ,�, z..yv! -Ct��, ADJOURN: � � �� yz1 i U. � THE MINUTES OF THE REGUL�R MEETING OF THE FRIDLEY CITY COUNCIL OF OCTOBER 27, 1997 The Regular Meeting of the Fridley City Council was called to order by Mayor Jorgenson at 7:33 p.m. PLEDGE OF ALLEGIANCE: Mayor Jorgenson led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CAI�L • MEMBERS PRESENT: MFMBERS ABSENT: APPROVAL OF MINUTES: Mayor Jorgenson, Councilman Billings, Councilwoman Bolkcom None COUNCIL MEETING, OCTOBER 13, 1997: Councilman Barnette, Councilman Schneider and MOTION by Councilman Billings to approve the minutes as presented. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: 1. ORDINANCE NO. 1106 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 BEHAI�F OF FRIENDLY CHEVROLET TO REZONE PROPERTY GENERAI�LY LOCATED AT 7501 HIGHWAY 65 N.E.) (WARD 2): Mr. Burns, City Manager, stated that Council approved the first reading of this ordinance on October 13, 1997, with six stipulations. This rezoning request was to rezone property located to the east of the existing Friendly Chevrolet property from M-4 to C-3. This rezoning will enable Friendly Chevrolet to construct an addition, as well as additional parking. WAIVED THE READING AND ADOPTED ORDINP,NCE NO. 1106 ON THE SECOND READING, WITH THE FOLLOWING STIPULATIONS, AND ORDERED PUBLICATION: (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, SHAI,L BE INSTALLED ALONG FIRESIDE DRIVE IN ADDITION TO THE PROPOSED HEDGE; (3) THE PLAT REQUEST SHAI�L BE APPROVED; (4) THE PETITIONER SHAI�L 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; AND (6) ADEQUATE ON-SITE EMPLOYEE AND CUSTOMER PARKING SHA.LL BE PROVIDED. ON-STREET PARKING SHALL NOT BE ALLOWED. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 1997 PAGE 2 AND B. RECEIVE LETTER FROM FRIENDLY CHEVROLET DATED OCTOBER 27, 1997: MOTION by Councilman Schneider to receive the letter dated October 27, 1997 from Friendly Chevrolet withdrawing their variance request. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. 2. SECOND READING OF AN ORDINANCE TO 1�,MEND 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 IACP.TED AT 73RD AND UNIVERSITY AVENUES) (WARD 1): Mr. Burns, City Manager, stated that Council approved the first reading of this ordinance on October 13, 1997. This rezoning request was to rezone property located at the intersection of University Avenue and 73rd Avenue from M-2 to C-2. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 3. 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 MASSERP,NO, III, TO REZONE PROPERTY GENERALLY LOCATED AT 63RD AVENUE N.E. AND EAST MOORE LAKE DRIVE) (WARD 2): Mr. Burns, City Manager, stated that Council approved the first reading of this ordinance on October 13, 1997, with three stipulations. This rezoning request is to rezone property at the intersection of 63rd Avenue and East Moore Lake Drive from R-1 and C-3 to CR-l. This rezoning will enable the owner to construct a 3,022 square foot office building that will house the International Ministerial Fellowship. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 4. RESOLUTION NO. 83-1997 CHANGING THE DATE OF THE DECEMBER 15 CITY COUNCIL MEETING TO DECEMBER 8, 1997: Mr. Burns, City Manager, stated that this change of date was beinq requested in order to establish a legally correct continuation date for the 1997 Truth in Taxation hearing on the 1998 budget. ADOPTED RESOLUTION NO. 83-1997. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 1997 PAGE 3 NEW BUSINESS• 5. 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 11MEND SECTION 602.05.O1.C: f��7 AUTHORIZE PUBLICATION OF OFFICIAL TITLE AND SUMMARY: Mr. Burns, City Manaqer, stated that this ordinance brings the City into conformance with a 1996 Statute that proscribes the term "non-intoxicating liquor." This Statute requires the replacement of this term with the words "3.2 percent malt liquor" in the City's beer licensing law. Mr. Burns stated that in addition to the above changes, staff, with the support of the City Attorney, is recommending that the process for approval of a beer license be changed. This change would allow the City Clerk to publish the hearing notice without Council approval and will assist the City in staying within the State's sixty-day action law. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 6. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF OCTOBER 15, 1997: RECEIVED THE MINUTES OF THE PLANNING COMMISSION MEETING OF OCTOBER 15, 1997. 7. APPROVE AGREEMENT BETWEEN THE CITY OF FRIDLEY AND THE ANOKA COUNTY HOUSING AND REDEVELOPMENT AUTHORITY FOR THE 1997 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM: Mr. Burns, City Manager, stated that the City has received the standard agreement between the City and the County that needs to be executed for receipt of CDBG funds. The agreement covers the period from July 1, 1997 to June 30, 1998. Nothing in the agreement changes any of the previously agreed upon usages for these funds. APPROVED THE AGREEMENT BETWEEN THE CITY AND THE ANOKA COUNTY HOUSING AND REDEVELOPMENT AUTHORITY FOR THE 1997 CDBG PROGRAM. 8. RESOLUTION SUPPORTING DESIGNATION OF THE MISSISSIPPI RIVER AS AN AMERICAN HERITAGE RIVER: Mr. Burns, City Manager, stated that the Metropolitan Council, in cooperation with the McKnight Foundation, is seeking Federal, "Heritage River" status for the portion of the Mississippi River that flows through the seven-county metropolitan area. Approval of this desiqnation would FRIDLEY CITY GOUNCIL MEETING OF OCTOBER 27, 1997 PAGE 4 facilitate receipt of Federal funding for river projects. By approving this resolution of support, Council is in no way committing money or relinquishing any of its local controls over this area. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGUI�AR AGENDA. 9. RESOLUTION NO. 84-1997 ORDERING PRELIMINARY PI,ANS, SPECIFICATIONS, AND ESTIMATES OF THE COSTS THEREOF, STREET IMPROVEMENT PROJECT NO. ST. 1998-1: Mr. Burns, City Manger, stated that this proposed project provides for the reconstruction of Hac]Qnann Avenue and Hackmann Circle and for the replacement of water lines in these areas. A petition was circulated that has been signed by 32 of the 58 property owners. A public hearing has been set for November 10, 1997. This resolution authorizes the drafting of preliminary plans, specifications, and estimates. ADOPTED RESOLUTION NO. 84-1997. 10. 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): Mr. Burns, City Manager, stated that this joint powers agreement is for the upgrading of 57th Avenue in 1998. The planned upgrade includes widening to five lanes, construction of a partial median, re-signalization of the University Avenue/57th Avenue intersection, decorative lighting, landscaping, and storm sewer improvements. The agreement outlines cost sharing for the project between the County and the City and establishes the City's share of construction costs as $100,000. These costs exclude right-of-way acquisi- tion, new sidewalks, hydrant relocation, a portion of the storm sewer construction, street lighting, medians, any new or upgraded driveways, and the City's share of the signalization. A total of $186,000 has been budgeted in the 1998 Capital Improvements budget for this project. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULP.R AGENDA. 11. RESOLUTION NO. 85-1997 ORDERING PRELIMINARY PI�NS, SPECIFICATIONS AND ESTIMATES OF THE COST5 THEREOF: STORM SEWER PROJECT NO. 309 (WARD 1): Mr. Burns, City Manager, stated that this is a 1998 storm water project that is located between 477 and 601 Rice Creek Terrace. The project includes grading, construction of retaininq walls, storm sewer improvements and landscaping, with fifty percent of the cost funded by the Rice Creek Watershed District. The other fifty percent of the project costs of $250,000 will be shared evenly by the property owners FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 1997 PAGE 5 and the City. The property owners' share will be assessed over a fifteen-year period. A majority of the property owners have informally agreed to the assessment. ADOPTED RESOLUTION NO. 85-1997. 12. RESOLUTION NO. 86-1997 RECEIVING THE PRELIMINARY REPORT AND CP.LLING FOR A PUBLIC HEARING ON THE MATTER OF CONSTRUCTION OF CERTAIN IMPROVEMENTS: STORM SEWER PROJECT NO. 309 (WARD 1): Mr. Burns, City Manager, stated that the proposed hearing date for this project is November 10, 1997. ADOPTED RESOLUTION NO. 86-1997. 13. APPROVE DISPOSITION OF TAX FORFEIT PROPERTY LOCATED IN THE CITY OF FRIDLEY• Mr. Burns, City Manaqer, stated that the Anoka County Tax Commissioner has notified the City that three parcels are scheduled to become tax forfeit. If the City is interested in acquiring these parcels, the County should be notified. Staff has advised there is no City need for any of these properties which include two Innsbruck townhomes and a small unbuildable parcel at the east end of Norton Avenue. It is recommended that the City not acquire these properties and that they be sold by the County. APPROVED THE SALE BY ANOKA COUNTY OF THREE TAX FORFEIT PROPERTIES NUMBERED AS 3, 36 AND 37, AS THE CITY HAS NO INTEREST IN ACQUIRING THESE PROPERTIES. 14. RESOLUTION NO. 87-1997 ADOPTING ASSESSMENTS FOR DRIVEWAY IMPROVEMENTS FOR CERTIFICATION TO THE COUNTY AUDITOR FOR COLLECTION WITH THE 1998 TAXES: Mr. Burns, City Manager, stated that this resolution establishes the terms for assessments levied against the owners of five properties who participated in this year's hard surface driveway program. These assessments are to be spread over five years at an interest rate of seven percent. ADOPTED RESOLUTION NO. 87-1997. 15. RESOLUTION CERTIFYING CERTAIN DELINQUENT UTILITY SERVICES TO THE COUNTY AUDITOR FOR COLLECTION WITH THE 1998 TAXES: Mr. Burns, City Manager, stated that this list includes the owners of 341 properties, with a combined value of unpaid utility bills, with penalties, of $163,811.54. These individuals have until thirty days after the adoption of this resolution to make payment and to avoid having the bills attached to their property taxes. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 1997 PAGE 6 THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGUL�R AGENDA. 16. RESOLUTION NO. 89-1997 AUTHORIZING CHANGES IN APPROPRIATIONS FOR THE GENERAI� FUND AND THE CAPITAL IMPROVEMENT FUND FOR THE THIRD QUARTER OF 1997: Mr. Burns, City Manager, stated that these adjustments have arisen as a result of unforeseen expenditures and revenues, as well as reclassification of account codings. The General Fund expenditure adjustments amount to $115,363. Of this amount, $101,955 represents the expenditures of grants, disaster aid or donations. The remaining $13,408 is for unanticipated building repairs and for contractual services related to the qravel driveway program. Mr. Burns stated that the Capital Improvement Fund adjustments ($57,300) are all related to the receipt and expenditures of donations and contributions. P.DOPTED RESOLUTION NO. 89-1997. 17. RESOLUTION NO. 90-1997 AUTHORIZING THE CITY OF FRIDLEY TO PARTICIPATE IN THE WARDEN OIL SITE INTERIM FUNDING AGREEMENT: Mr. Burns, City Manager, stated that the City has been named as a"potential responsible party" by the Minnesota Pollution Control Agency for pollution of the Warden Oil site in north Minneapolis. The City has been included on this list due to prior dealings with Warden Oil between 1976 and 1988 when the City sold its used oil from the City qarage to Warden Oil. This agreement establishes Fridley's membership in a qroup of "potential responsible parties" or PRPs. Representatives from the PRP list are interested in hiring an environmental consultant to study the possibility and the extent of off-site pollution of the Warden Oil site. Through these and other studies they hope to limit the responsibility of the PRPs for cleanup of this site. The financial responsibility of each of the group members is to be proportionate to the amount of contamination that is alleged for each PRP, but not less than $500. Fridley's alleqed contribution to contamination is .66 percent, and its contribution under this agreement would be $500. By signing this agreement the City is not admitting any liability. Staff recommends Council's concurrence with this agreement. ADOPTED RESOLUTION NO. 90-1997. " 18. RESOLUTION NO. 91-1997 AUTHORIZING PARTICIPATION IN ANOKA- HENNEPIN DRUG TASK FORCE PROGRAM FOR 1998: Mr. Burns, City Manager, stated that a group of eight local governments in Anoka and Hennepin Counties have established a special task force that is supported by manpower contributors of the member jurisdictions. This resolution would authorize FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 1997 PAGE 7 19. 20. participation of the Fridley Police Department in this task force. An officer would be assigned to this task force from the department's "problem response team." The City's intent is to appoint an officer for a two-year tour of duty, as lonq as the City remains a member of this task force. Grant funding of $257,000 from the Edward Byrne Grant will be used for payment of overtime for task force members. This resolution will indicate to other members that Fridley intends to join and will begin the officer selection process. A joint powers agreement is expected to be submitted to Council before the end of the year. ADOPTED RESOLUTION NO. 91-1997. RESOLUTION NO. 92-1997 DESIGNATING TIME AND NUI�ER OF COUNCIL MEETINGS FOR 1998: Mr. Burns, establishes conference 7:30 p.m., 7:00 p.m. City Manager, stated that this resolution the time and dates for 1998 Council meetings and sessions. Council meetings will begin at and conference sessions are scheduled to begin at ADOPTED RESOLUTION NO. 92-1997. APPOINTMENT: CITY EMPLOYEE: Mr. Burns, City Manager, stated it is recommended that Jeana Al1en be appointed to the position of Accounting/Data Processing Clerk to fill the position vacated by Carol Williams. Jeana is a graduate of Fridley High School and has considerable job-related experience at Edgcomb Metals and Augsburg Publishing House. CONCURRED WITH THE FOLLOWING APPOINTMENT BY THE CITY MANAGER: Name Position Jeana Accounting/ Allen Data Proc'g Clerk Non-exempt 21. CLAIMS: Starting Salary $11.07 per hour Starting Date Oct. 28, 1997 Replaces Carol Williams AUTHORIZED PAYMENT OF CLAIMS NO. 77188 THROUGH 77388. 22. LICENSES: APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE IN THE LICENSE CLERK'S OFFICE. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 1997 PAGE 8 23. ESTIMATES: APPROVED THE ESTIMATES, AS FOLLOWS: 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 No persons in the audience spoke regarding the proposed consent agenda items. Councilwoman Bolkcom requested that Item 10 be removed from the consent agenda. Councilman Billings requested that Items 2, 3, 5 and 15 be removed from the consent agenda. Councilman Schneider requested that Item 8 be removed from the consent agenda. MOTION by Councilman Billings to approve the consent agenda with the exception of Items 2, 3, 5, 8, 10, and 15. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 1997 ADOPTION OF AGENDA: MOTION by Councilman Schneider addition of Items 2, 3, 5, 8, 10 Seconded by Councilman Barnette. aye, Mayor Jorgenson declared the OPEN FORUM, VISITORS: PAGE 9 to adopt the agenda with the and 15 from the consent agenda. Upon a voice vote, all voting motion carried unanimously. Mr. Blaine Kopischke, 6830 Monroe Street, requested assistance from Council in resolving the problem created during the 1993 street improvement project. He was informed, at that time, by Scott Erickson that the street elevation would be maintained. The elevation in front of his home was raised, and the water no longer runs from his garage to the street. He contacted Mr. Erickson and a swale was suggested. Mr. Kopischke stated he did not want a swale because he did not think the water should run from his driveway into his yard. Mr. Kopischke stated that he has been in contact with John Flora, Jon Haukaas, Councilman Billings, and Mayor Jorgenson regarding this problem. The end result, from his conversations was that if he did not agree to the swale, there was nothing the City could do. He stated that because of the City's desiqn flaw, he has had to put up with dirty water coming into his yard and garbage from the street running into his driveway. Water has been up to six inches high in the driveway and front yard which makes it impossible to walk or park his vehicles in his driveway. Mr. Kopischke stated that in a meeting with Jon Haukaas and Mayor Jorgenson a swale and options were discussed, including a catch. He requested a detailed plan. He received a plan several months later that did not cover any of the issues that were discussed. On further review, he did not believe a catch basin on his property would be the best solution. The City is responsible for the water on their street. He asked that Council take their situation seriously and resolve this problem. He has been told that the City is not going to replace the driveway because it costs too much. Mayor Jorgenson stated that she met with the Mr. and Mrs. Kopischke in March and April regarding their situation. In May a letter was sent regardinq some options that were available, and the Kopischke's were asked to contact the City. She met again with them in July, and Mr. Kopischke had a contractor at that meeting. She has not heard anything since the July meeting, but she understands Mr. Kopischke is working with Jon Haukaas. She is disappointed that the process has taken so long. She would like to find out what could be done this year. Mr. Flora stated that a proposal was presented to the Kopischkes, and the City has been waiting to hear from them. There have been discussions with staff, but the City never received approval to go on their proper�y to install the catch basins. Councilman Schneider asked Mr. Kopischke if he accepted the plan. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 1997 PAGE 10 Mr. Kopischke stated that the plan was for catch basins. He believes that these catch basins will freeze and will require maintenance. He wanted to examine all solutions and not just close the door on a new driveway because of the cost. He does not want a band-aid solution. Mr. Flora stated that the garaqe is only a few inches above the street level. The proposal was to install a bump at the driveway and then a catch basin. Unfortunately, Mr. Kopischke's driveway was at the minimum slope before the road was constructed. Mr. Kopischke stated that there was nothing mentioned in the plan about turf restoration or easements. The drawing did not show the catch basins or profiles of his driveway. He felt the plan submitted by the City was not serious. Mayor Jorgenson stated that if he was unhappy with the plan he should have contacted the City. She has not heard anything from him since July. Mr. Kopischke said he felt he is not being taken seriously and wants to find other options. Mrs. Kopischke stated that they were waiting for the plan from Jon Haukaas. He has not contacted them since September. Mr. Burns, City Manager, stated that Mr. Haukaas contacted Mr. Kopischke on July 14 regarding the creation of the drawing. It was completed on September 11. It should be noted that this was the height of the construction season. Councilman Billings stated that when he initially talked with Mr. Kopischke, it appeared that the only option acceptable to Mr. Kopischke was to have the City remove the roadway and have it redone. At that time, Councilman Billings said that was not a possibility. He did not personally contact Mr. Kopischke after this meeting, but staff has been in contact with him. Mayor Jorgenson stated that she. would be available any day after 4:30 p.m. to meet with the Kopischkes to try to resolve this issue. She asked that they contact her and staff regarding a convenient time for them to meet. PUBLIC HEARINGS: 24. PUBLIC HEP.RING ON THE ASSESSMENT FOR LOCKE LAKE DAM EXCAVATION PROJECT NO. 255• MOTION by Councilman Barnette to waive the reading of the public hearing notice and open the public hearing. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously and the public hearing opened at 8:05 p.m. Mr. Pribyl, Finance Director, stated that this hearing is for the assessment of the costs for the Locke Lake dam excavation project. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 1997 PAGE 11 There were numerous Locke Lake Homeowners Association meetings that occurred since 1996. The Homeowners Association petitioned the City to dredge the lake and pledged $54,000 for this project. The project was requested by the property owners in hopes of expediting this project through the Rice Creek Watershed District. Mr. Pribyl stated assessment totaling Pin Nos. 15-12-0067 The assessment will of 6-1/2 percent. that 43 property owners are involved in this $51,469. There is a combination of two lots, and 15-12-0068, into one Pin No. 15-12-0072. be over a ten-year period at an interest rate Ms. Mary Vasecka, 6909 Hickory Drive, stated that she objected to this assessment. The proposal to resolve the issue with the Rice Creek Watershed District victimizes the property owners. The assessment was not fully explained to those concerned, and it was presented that it would not be completed until all the neighbors agreed. She and her husband did not sign the petition for this project. Council told the property owners if they agreed to pay for the assessment of the dam, they would not have to pay another assessment. Ms. Vasecka stated that the problems with the dredginq itself is another reason she felt she should not be assessed. The dredging was not completed between her property and her neighbor's property. Because there is no resolution as to the lake level she objects to being assessed. She requested that Council continue this hearing, as she felt residents did not fully understand that they could come this evening to object. She also felt that the notice to the property owners should come in both names if the property is jointly owned. Councilman Schneider said that in the public hearing notice, it is stated that written or oral objections will be considered at this hearing. No other persons spoke regarding this proposed assessment for the Locke Lake dam excavation. MOTION by Councilman Billings to close the public hearing. Seconded by Councilman Schneider. Upon a voice vote, Councilman Billings, Councilman Schneider, Councilman Barnette, and Mayor Jorgenson voted in favor of the motion. Councilwoman Bolkcom abstained from voting. Mayor Jorgenson declared the motion carried and the public hearing closed at 8:16 p.m. 25. PUBLIC HEARING ON ASSESSMENT FOR ALDEN WAY PROJECT NO. ST. 1996-1 & 2; CONCRETE CURB AND GUTTER PORTION: MOTION by Councilwoman Bolkcom to waive the readinq of the public hearing notice and open the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously and the public hearing opened at 8:16 p.m. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 1997 PAGE 12 Mr. Pribyl, Finance Director, stated that this assessment was for concrete curb and gutter on Alden Way from 79th Avenue to 300 feet south of Rickard Road. He said that 53 property owners are affected for a total cost to be assessed of $50,250. The estimated cost for this project was $11 a front toot, but the actual cost was $10 a front foot. The assessment is for ten years at an interest rate of 6-1/2 percent. Mr. Leroy Anderson, 7581 Alden Way, stated that this was a great improvement and was less than the estimated cost per front foot. The improvement has been well received. No other persons spoke regarding this proposed assessment for curb and gutter. MOTION by Councilman Schneider 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 hearinq closed at 8:20 p.m. 26. PUBLIC HEARING ON AN APPLIC,ATION TO AMEND REDEVELOPMENT PLAN IN AN S-2, REDEVELAPMENT DISTRICT, ZOA 97-07, BY SEMPER DEVELOPMENT LTD., FOR PROPERTY GENERALLY LOC,ATED AT 6525 LJNIVERSITY AVEUE N.E. (WAFtD 1) : MOTION by Councilman Billings 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 8:20 p.m. Ms. Dacy, Community Development Director, stated that the property is located in the northeast corner of University Avenue and Mississippi Street. The site was rezoned to S-2 in 1990 for a 28,230 multi-tenant shopping center. The S-2 zoning included the commercial site and two single family lots to the east. Ms. Dacy stated that, in 1991, an amendment was filed for a drive- throuqh window and a smaller building. This plan called for one driveway at the east corner and a Walgreen's located at the east end of the shopping center, with a fast food restaurant and a drive through at the west end. Ms. Dacy stated that the proposal this eveninq is for a free- standinq 13,905 square foot Walgreen's store with a prescription pick-up window. The building would be brick faced with stucco accents, and the entrance oriented toward the intersection. This plan excludes a single family dwelling facing 66th Avenue. A driveway is proposed on the east side of the site, and another driveway is proposed closer to the intersection. Ms. Dacy stated that the requested action is to amend the plan approved six years ago in order to construct the Walgreen's facility. Staff has recommended denial; however, both the HRA and Planning Commission have recommended approval. The Planning FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 1997 PAGE 13 Commission also recommended four stipulations, as follows: (1) compliance with the comments of the Engineering Department as stated in a September 23, 1997 memorandum from Jon Haukaas; (2) the petitioner shall execute a storm water 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; and (4) staff and the petitioner to come to an agreement on the driveway. The Planning Commission deleted a fifth stipulation that the property owner shall agree to execute an easement to use parking spaces on the site for a park-and-ride site. Ms. Dacy stated that the driveway issue has been discussed. The petitioner is recommending two driveways, with the westerly driveway being shifted from its current location another 120 feet to the east so that it aligns approximately across from the prescription drive through window. There would be 90 feet between the shifted driveway and the proposed east driveway. The County recommends only one driveway at the east end of the site. Staff recommends a stipulation that the driveway on the east be as desiqned on the original plan, with one inbound lane separated by a four foot median and two 12 foot outbound lanes. The size of this proposed building is half the size that was originally approved, and the site can operate with one driveway. Ms. Dacy stated that another issue discussed at the Planninq Commission meeting was the stipulation that would require shared parking spaces for any transit system. This will be a key intersection to provide this type of facility. Staff is suggesting that Council reinstate the stipulation to require shared parkinq facilities. The type of use Walgreen's is proposing should be compatible with a park and ride facility. Ms. Dacy stated that another issue involves the remaining single family lot to the northeast which faces 66th Avenue. It is possible that a rezoninq request could be filed for this property. Ms. Dacy stated that as far as the issue of a decorative fence, the design can be balanced at this intersection by the installation of a decorative fence like the one installed on the Rottlund development. Staff is suggesting this stipulation be included, as well as the stipulations from previous approvals. In addition to the stipulations recommended, two additional stipulations should be included regarding the filing of a rezoning application to rezone the single family lot abutting 66th Avenue, and a stipulation for the petitioner to execute a storm water pond maintenance agreement to maintain the detention pond at the north side of the site. Mr. Kohler, Semper Development, stated that he is the architect for the Walgreen's project. A slightly smaller 13,905 square foot building is proposed on this site. In working with the residents in the neighborhood it has been determined that the parkinq and entrances should be focused toward the intersection and away from the residential neighborhood. There would be a drive through � FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 1997 PAGE 14 window for persons to pickup prescriptions. This plan is modified somewhat in terms of access. Mr. Benshoof, Benshoof & Associates, stated that they performed the traffic study focusing on how the traffic affects Mississippi Street. The traffic was observed to determine if any changes were needed to provide adequate access with no adverse impacts on Mississippi Street. He presented information on the number of entering and exiting trips for the peak hours at this location and the projected peak hour trips for the Walgreen's development. The net change is really very modest in terms of traffic, as there would be an increase of seven entering trips and fourteen exiting trips or a total of 21. Mr. Benshoof stated that durinq the peak hours there were 45 vehicles making right turns from the two driveways to proceed west on Mississippi Street. Of these 45 vehicles, 31 made a right turn at the west driveway with no problem; five made a right turn at the west driveway after waitinq for westbound traffic to clear, and nine made a right turn at the east driveway to avoid delays at the west driveway. The conclusion was that it would be beneficial for the west driveway to be relocated 120 feet to the east to increase the separation from University Avenue. With this change, trips to and from Walgreen's will be effectively accommodated, and the overall effect on University Avenue will be an improvement from what it is today. � Mr. Kohler stated that they are eliminating one driveway cut and moving one to the east. Throughout this process there have been a number of ineetings with the residents. They wish to have a strong buffer between the commercial and the residential areas. They have designed the green space adjacent to the residential area to meet the desires of the neighborhood. Residents wanted fencing not only along the residential side but continuing to the north. They would also like the fence to be seven feet in height. Parking was eliminated on the east side, and pine trees will be added to increase the screening. They will work with the neighborhood on the species of the trees on the north. Mr. Kohler stated that another issue was lighting. The main concern of residents was that the lighting be focused away from their homes. This will be done, and the lighting will be downcast near the residential area. Mr. Kohler stated that this corner has gone through numerous tenants, and Walgreen's is making a long-term commitment to this site. The single use of a Walgreen's on this site allows for better maintenance and control. They have incorporated the neighborhood's desires into this plan. Access is very important. He felt that their plan provides better access than what exists now. Mr. Craig Christensen, Semper Development, stated that he wished to address two of the proposed stipulations. There is no problem with filing an application for rezoning the Bennethum property. If this � FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 1997 is allowed, they would be happy to proceed. Mrs. Bennethum's consent would be needed. PAGE 15 He assumed that Mr. Christensen stated that another issue would be the park-and- ride facility. A decision whether a LRT system will be located at this intersection has not been made. Correspondence goes back to June, 1990. He is not sure the issue is close to fruition, and it is speculative if this will happen. If an easement is required it would create problems in the financing and would adversely affect the value of the property. In requiring an easement private property owners would be responsible for policing a public facility, and there could be liability problems. Only twenty parking spaces would be available, and he did not know if this would even qualify for a park-and-ride. He requested that this stipulation not be included, because it would impair their ability to proceed with the development. � Councilman Billings stated that he has two major concerns: the driveway locations and the provision for mass transit. Of the 86 trips, he asked what the percentage of trips entering from the new proposed west driveway was, the new proposed east driveway, and how many would be exiting from the west driveway. Mr. Benshoof stated that entering trips were higher on the east than the west and that the pattern would continue. This would provide a greater degree of accessibility. Sixty to seventy percent enter on the east, and thirty to forty percent enter on the west. Councilman Billings stated that traffic traveling eastbound on Mississippi Street would need to make a left turn into the east driveway. He asked if the vast majority of westbound traffic on Mississippi Street would drive past the west driveway and go to the east driveway. Mr. Benshoof felt that there would be heavier traffic traveling from the east into the development. Councilman Billings stated that he understands the figures are based on the current facility on this site and not on a traffic analysis on the direction customers would be coming from to get to Walgreen's. Mr. Benshoof stated that was correct. Councilman Billings asked if traffic coming from the east towards University Avenue would go past the east driveway and enter at the west driveway. Mr. Benshoof stated that those traveling west would enter on the east. Those coming from the east would be split between the east and west driveways. Councilman Billinqs stated that from his own driving patterns, when there are two driveways only a distance apart, he would be more FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 1997 PAGE 16 inclined to enter the first driveway. He asked what percentage would exit to the east on Mississippi Street and what percentage would exit to the west. Mr. Benshoof stated that he has not analyzed that component, but he would assume that the west driveway will serve most of the exiting traffic. Most customers would use the west driveway to go west. Those wanting to go south or east would use the east driveway. Mr. Kohler felt that if it was possible to direct some of the traffic away from the residential area, this should be done. The situation now is people are coming out of the driveway and going the wrong way. Their proposal improves the safety from what exists. Councilman Billings stated that one concern of the residents was headlights from the cars shining into their living room windows. Mr. Kohler stated that they will be constructing a seven foot fence which should shield most of the lights from the cars coming into the parking lot. Councilman Barnette stated that the County will permit one access on Mississippi Street to be located at the existing median break. Mr. Kohler stated that he has met with the County on this issue. They go by the distance requirements which would allow for only one cut. This did not involve analyzing the project. Ms. Pemble indicated to him that if Council allows two driveway cuts a permit would be issued. Councilwoman Bolkcom felt that the peak hours may be when people stop on their way home from work. Mr. Kohler stated that, generalTy, the type of traffic they generate does not have peak hours, and it is steady all day long. Mr. Howard Berger, Semper Development, stated that over fifty percent of Walgreen's business is pharmacy. People are coming into their store for prescriptions throuqhout the day. The traffic counts are the standards used, and they do not have the rush at 5:00 p.m. Most of their customers would be coming from the east; however, Walgreen's likes two access points which is somethinq they require on their sites. They would be more than happy to try to adjust the second access point, but they really need two accesses. Councilman Billings stated that he had a conversation with Jon Olsen, Anoka County Engineer. It was made clear that the County's official position was one driveway, and that it should be 32 feet wide. There is a letter from the County dated October 21 regarding their position. Ms. Dacy stated that Mr. Kohler did meet with Ms. Pemble. However, she felt the letter from the County was their current position. In the original draft study six years ago, the directional FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 1997 PAGE 17 distribution was 85 percent of the traffic into the site would be from the west and 15 percent from the east. There is demoqraphic information that would increase that by 15 percent. She felt that Council should not underestimate the volume of traffic going north during the peak hours. She felt uncomfortable saying the majority of the traffic would come from the east to the west into the site. Mr. Christensen stated that the last project included several other uses, including a Burger King. Traffic for a fast food restaurant is three or four times the volume of a drug store. Walgreen's is a very minimal traffic generator. Councilman Billings stated that another concern is mass transit. Tim Yantos from the County is present to present an update on LRT. Mr. Yantos stated that in 1989-90 the Anoka County Regional Railroad Authority participated in developing corridors for LRT and analyzing potential locations for stations. One of the preliminary areas for Fridley was at University Avenue and Mississippi Street. They discussed 31 spaces along the side of this site and an easement to provide for this activity. However, this development did not proceed. Studies have been completed for the seven county metro area, and three preliminary corridors have been identified. Although this has moved slowly, interest is increasing in LRT activity. The Northstar Corridor is the fastest growing corridor in the State and the third fastest in the nation. Grants are being received to review the corridor growth and management from Minneapolis to St. Cloud. S variety of modes of transportation are being considered. He felt that this site was still very important to the City, with the possibility of LRT. A major transit hub was built at Northtown. Work will proceed to build a smaller version in Columbia Heights. Councilman Billings stated that six years ago everything was on hold; however, there seems to be a change in thinking regarding some type of mass transit or LRT. _ Councilman Billings stated that the most logical location for a station to serve the center portion of the City would be in the area of Mississippi Street and University Avenue. At the same time, there is no guarantee for mass transit or LRT. If some consideration were given to working out an agreement between the Anoka County Regional Railroad Authority and the developer for either acquisition or an easement across the property on the south portion of the site, there would be less disruption of the sinqle family neiqhborhood immediately north. Councilman development resolved. Mr. Yantos development. anticipatio looking at Schneider stated that the City cannot brinq all to a halt until the question of mass transit or LRT is stated that the County is very interested in economic They have not purchased land, however, in n of something that may not occur for decades. In this area, Council has stated that the northeast FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 1997 PAGE 18 quadrant was important. He felt the area makes the most sense if Council wants to provide some mass transit for the residents in the future. Mayor Jorgenson stated that this site was discussed for a kiss and ride. There was talk about developing an east/west bus system. She asked if these items were being considered, as well as getting people from Minneapolis to St. Paul. Mr. Yantos stated that all of these issues will be reviewed in the specifics for the Northstar Corridor study, and are still to be considered. Councilman Schneider stated that the property owner has the right to use that property. The window for mass transit may be twenty or thirty years. If the County is interested, they should purchase the property or work with the developer to resolve some economic issues. Mr. Yantos stated that the City has advised the County that this area was one to consider for mass transportation. Councilman Barnette stated that if Stipulation No. 5 was excluded, it would not negate the County from negotiating with Walgreen's to obtain the space. Since Walgreen's is a retail facility, a park- and-ride site may be beneficial to their business. It seems that if this stipulation is included it would negate the project. He would hate to see that happen. Councilman Schneider stated that without something specific, it would be difficult for an owner to suffer the consequences when no one knows the outcome for mass transit. Councilman Billings asked if there is a condemnation, if it is likely that MnDOT would be required to buy the entire building or site. Mr. Knaak, City Attorney, stated that it does happen, but he would speculate that it would not be right in this case. Legally, it is theoretically possible the condemnation could be for the entire parcel. Stipulation No. 5 does require a property transfer of interest. Any transfer of interest could be construed as a taking and would require some compensation. He raises this issue as a cautionary note. Councilman Billings stated that when this property was rezoned to S-2, certain stipulations were placed on the rezoning. In 1991, there was a new site plan, and the stipulations were modified. Council was advised that the existing stipulations still remained as part of the rezoning. It is his understanding that the stipulations are existing stipulations, and action would need to be taken to eliminate them if Council so desired. Councilman Billings stated that there is a stipulation that requires the developer to work with the Anoka County Regional FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 1997 PAGE 19 Railroad Authority for easements across the south and west portion of the site. Mr. Knaak stated it is not a problem if the stipulation is that the developer work with the Anoka County Regional Railroad Authority. Ms. Norma Swanson, 361 Rice Creek Terrace, owner of the property, stated that she has had a difficult time getting long-term tenants because of the redevelopment of this site. Twice the County has come and taken a piece of a corner. She had to fight for the curb cuts. The two curb cuts on Mississippi Street are extremely important. She is now hearing that this is the only site in Fridley that would be good for LRT. She needs to sell this property due to the death of her brother. The other plan was approved which generated more traffic than Walgreen's. She does not understand why this property is constantly being singled out. Ms. Louise Bennethum, 368 66th Avenue, stated that this is the fourth plan for this site. She is tired of this unsightly corner. If this plan is not approved she asked if the City would be willing to purchase the property. Councilman Billings asked Ms. Bennethum if it would make sense to her, since she is not part of ,this plan, to rezone her property back to R-1. Ms. Bennethum stated that she would appreciate it. Ms. Patricia Andersen, 367 66th Avenue, spoke in favor of the Walgreen's development. She understands Council's concern to have a more intensive use of the property. Walgreen's would complete all four corners of this downtown area. The developer has worked with the residents on screening and lighting, and they offer the opportunity for a long-term tenant on this site. Mr. Paul Munson, 360 66th Avenue, spoke in favor of the Walgreen's development. The building is attractive for this intersection, and he did not feel Council should waste time on mass transit. He felt that Walgreen's would improve this intersection and eliminate the eyesore on this corner. Mr. Duane Hanson, 365 66th Avenue, felt the Walgreen's development would be good and that the property would be well maintained. Mr. Bill Hogan, 365 Mississippi Street, stated that he would prefer the other driveway being closer to University Avenue. There is a concern that no shrubbery be installed that would interfere with the sight lines. He spoke in favor of the Walgreen's development; however, whatever could be done to reduce traffic on the east driveway would be appreciated. Mr. Craig Christensen stated that when Walgreen's was interested in the site in 1990, they only approved the building on the site and not sharing a park-and-ride. Councilman Billings asked if the site would be owned or leased by Walgreen's. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 1997 PAGE 20 Mr. Christensen stated that it is meant to be leased, but Walgreen's buys back about fifty percent of their buildings. They do their own maintenance even if the building was sold. Councilman Billings asked if they were comfortable with the stipulations besides the two relating to the driveways and LRT. Mr. Kohler stated that those two stipulations were their primary concern. Mr. Christensen stated that there was some concern regarding the stipulation about the fence, but it would be satisfactory. He requested that Council approve the plan with the two driveway cuts and without the easement for LRT. MOTION by Councilman Billings to close the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously and the public hearing closed at 10:17 p.m. 27. PUBLIC HEARING ON REZONING REQUEST, ZOA #97-08, BY TODD BACHNlAN OF HP,CHMAN'S, INC., TO REZONE PROPERTY FROM C-2, GENERAL BUSINESS, TO C-3, GENERAL SHOPPING CENTER, GENERA.LLY LOCATED AT 8200 LJNIVERSITY AVENUE N. E. (WP.RD 3) : MOTION by Councilman Billings 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 Jorqenson declared the motion carried unanimously and the public hearing opened at 10:17 p.m. Mr. Hickok, Planning Coordinator, stated that this rezoning is for property at 8200 University Avenue. The request is to rezone the north 169 feet of Lot 2, Block 1, Walton Addition from C-2, General Business, to C-3, General Shopping Center district. If this rezoninq is approved, a 25,000 square foot retail facility would be constructed on this site. Mr. Hickok stated that the rezoning request meets the three evaluation criteria of 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. The setbacks and parking requirements have been met and the landscaping plan submitted meets the code. There is joint drainage with Sam's Club and the liqhting consists of two types, decorative and shoebox. The building is proposed to be constructed of two types of rock face block and/or brick. A glass atrium will extend the width of the building from front to back at the main entrance location. A video was presented of the flagship site in south Minneapolis. Mr. Hickok stated that the Planning Commission unanimously voted to recommend approval. In conjunction with this rezoninq request, there is a request for a special use permit for an outdoor garden center behind the store. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 1997 PAGE 21 Mr. Todd Bachman, Chairman of Bachman's, stated that staff did an excellent job in presenting their proposed plan. There will be a main atrium entrance with green glass and this carries through the building. A secondary entrance would be for the garden center. The greenhouses are located to the side of the buildinq. The lighting is decorative in front of the building. He submitted a site plan showing the construction materials and colors used for the outside of the building. Councilman Schneider asked if Mr. Bachman was aware of the signage regarding the reader boards. Mr. Bachman stated that staff has advised him of the sign ordinance requirements throughout this planning process. MOTION by Councilwoman Bolkcom to close the public hearinq. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously and the public hearinq closed at 10:31 p.m. 28. PUBLIC HEARING ON PROPOSED ORDINANCE AMENDING CHAPTER 113, ENTITLED "SOLID WP.STE DISPOSAL AND RECYCLING COLLECTION," BY �NDING SECTION 113.07, AND ALSO �MENDING CHAPTER 11, ENTITLED "GENERAL PROVISIONS AND FEES," BY I�MENDING SECTION 11.10, "F'EES: 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 10:31 p.m. Ms. Jones, Planning Assistant/Recycling Coordinator, stated that the purpose of this public hearing is to consider amendments to the existing City Code relating to recycling fees. The fee increase proposed is from $4 per quarter to $6 per quarter for residential dwellings of one to four units and multiple dwellings of five to twelve units. Multiple dwellings of thirteen or more units will be charged the current contract price which the City is charged by a private contractor to provide multi-unit recycling services. Ms. Jones stated that nine other metropolitan communities were surveyed. The average residents pay per quarter for recycling is $5.30. For those that had weekly recycling, the cost was $6.55 per quarter. None of these communities had a full-service recycling center. Ms. Jones stated that the main reason for the increase is due to the switch to weekly recycling. The clean-up day for 1998 has been eliminated, and three new materials have been added for collection at the recycling center. These include appliances, scrap metal, and fluorescent lamps. Ms. Jones presented a chart comparing 1996 tonnage with 1997. There was about a five percent increase in 1997 since weekly FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 1997 PAGE 22 collection has started. The addition of plastic bottles has been very effective. Ms. Jones stated that the City is mandated to provide curbside recycling, and SCORE funding has decreased slightly. Fridley needs tonnage from both the curbside and recycling center in order to meet their goals. This increases cost could possibly be offset by residents reducing their number of trash cans. Mayor Jorgenson asked why the recycling haulers do not pick up the recycled materials on both sides of a street at the same time. Ms. Jones stated that most companies conduct their pick-ups in the same manner. They do not want their drivers crossing back and forth across the street for safety reasons. Mayor Jorgenson asked if there is any way to combine garbage and recycling. She suggested that Ms. Jones may want to talk to the haulers on this issue. Councilman Schneider stated that he is sympathetic to the seniors that do not have much qarbage or recycling. He asked if there was a way to offer a senior discount program. Ms. Jones stated that it is unfortunate that our system is not good at rewardinq those that reduce waste. In order to give a reduced rate, it would be necessary to monitor the recycling. This would involve a bar code system which would not be cost effective. Councilman Schneider stated that when this fee was initiated it was $1.25. He asked the direction this was taking. Ms. Jones stated that it would be difficult to predict because the City has short-term contracts. Traditionally, curbside recycling costs have been very stable. Councilwoman Bolkcom stated that not everyone is recycling. Different prices are paid for the various recycled materials. She asked if the costs were higher with items being co-mingled. Ms. Jones stated that the costs are about the same for separated and co-mingled programs because someone has to sort them, either by hand or mechanically. The co-mingled items are sorted mechanically, and this may be more cost effective. Mayor Jorgenson stated that she is concerned with the costs for those that cannot afford them. The City should be looking at ways to accommodate these situations. She felt that the City would probably be heading in that direction at some point in the future. Councilman Billings asked if the County has certain guidelines each year in terms of the volume the City should collect. Ms. Jones stated that they have guidelines, but the City does not receive a financial penalty if the guidelines are not met. FRIDLEY.CITY COUNCIL MEETING OF OCTOBER 27, 1997 PAGE 23 Councilman Billings stated that as he becomes more ecology minded, he generates less waste and recycling. If the City looks at ways to reduce costs for people who can least afford to pay, this will encompass a broad spectrum of society. No persons in the audience spoke regarding this proposed increase in the recycling fees. MOTION by Councilman Billings to close the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all votinq aye, Mayor Jorgenson declared the motion carried unanimously and the public hearing closed at 10:59 p.m. 29. PUBLIC HEARING ON PROPOSED ORDINANCE REGULATING WIRELESS COMMUNICATION FACILITIES: MOTION by Councilman Billings 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 10:05 p.m. Ms. Dacy stated that this year a moratorium was placed on wireless communication facilities in order to determine how these facilities should be regulated and to abide by the Federal Telecommunications Act of 1996. Consultants were hired to assist with this proposed ordinance and Mr. Dolter, of Kreines and Kreines is here this evening to answer any questions. Ms. Dacy stated that ordinances from other cities were reviewed, and meetings were held with wireless service providers. The purpose of the ordinance is to control the location of these facilities; minimize the intrusion into residential areas; locate these facilities on existing structures; and to make sure the sites are adequate. The ordinance is structured to permit tele- communication facilities on "approved sites" as a permitted use. They would also be allowed as special uses in industrial districts. She outlined the "approved sites" and said that seven additional sites recently were proposed for "approved sites." The Planning Commission will hold a hearing on those sites on December 3, 1997. The Parks and Recreation Commission reviewed the proposed sites that were located on park property. Ms. Dacy stated that the Planning Commission recommended approval of this proposed ordinance. The Cable Television and Telecommunications Advisory Commission recommended that adequate fees 3�e charged. Ms. Dacy stated that the stage of deployment for the telecommunications towers and facilities in the metropolitan area has been on poles or applied to the sides of buildings. The direction the technology is taking is smaller antennas, but there will be more as the demand increases for these types of facilities. Mr. Dave Dolter stated that the approved sites are to minimize the intrusion for the use of wireless telecommunications providers. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 1997 There is an increased use in voice data and wireless consumers resulting in an increase in antennas. As sites are developed, the heiqht of the towers drastically. PAGE 24 technology by more of these will decrease Councilman Billings asked if short towers could be found in every neighborhood in the future. Councilman Schneider asked if existing telephone poles would be used for the shorter towers. Mr. Dolter stated that the antennas would be shorter. Some are in a box smaller than a computer monitor. The City is taking a pro- active approach on identif�ing sites. As things change, some will become obsolete and removed or shortened in height. Councilman Schneider asked if there would be a series of different size towers ranging from small to large. Mr. Dolter answered not necessarily. He felt some standards needed to be set so carriers can try to do the best job they can to make these invisible. Councilman Billings stated that this ordinance covers essentially the large towers. Hopefully, they will become smaller. The ordinance addresses the current needs of the carriers. At some point, the City will need to address the issue of less intrusive towers. Mayor Jorgenson stated that the City must abide by the Federal Telecommunications Act. She asked what the City can regulate as far as telecommunications devices. Mr. Knaak, City Attorney, stated that the City can regulate, under the zoning code, the location of towers or facilities. The City cannot prohibit the towers from being located in the City. Mr. Peter Beck, AT&T Wireless, presented a video tape on their tower at I-694 and East River Road. He stated AT&T is one of two cellular providers, and their� license requires them to cover the entire metropolitan area with signals. Originally, there were nine sites located on very tall buildings. The technology expanded and the cells filled up so it had to be broken down into smaller cells. This results in lowering the height of the antennas so they are not casting their signal farther than the area they cover. There are over one hundred cell sites now in the Twin Cities market. They want enough flexibility so they can continue to make this technology available to their customers. He stated that 75 feet is about as low as they can go with the antennas because they need to be over the tree line. If they get to the point of fixed wireless, it would be on shorter poles. At that time, they hope to find buildings to mount the antennas, but he felt that was three to seven years down the road. This ordinance does not attempt to address this situation. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 1997 PAGE 25 Mr. Beck stated that the ordinance is innovative as far as designating approved sites. Antennas should be allowed on existing structures in any location. In regard to the height, every 25 feet over 75 feet, allows for a co-location or additional provider. He felt this should be considered. Mr. Gregory Korstad, Larkin & Hoffman, representing Aerial PCS, stated that there are varying types of developers of PCS and telecommunications services. Aerial Communications is one of the providers that developed telecommunications, and antennas located on existing structures is working for their purposes. Mr. Korstad stated that with respect to this ordinance, he wanted to emphasis Mr. Beck's comments, as these issues are transferable to the PCS from the traditional cellular carriers. They use the same type of cell technology, and antenna locations are significant to this technology. It is very important to locate the cells and antennas at the height and location necessary to effectively provide the service. His reaction to the pre-determined site approach is that it is certainly something new and something that has not been used. To the extent that this can be done without eliminating the necessary amount of flexibility, he would like to work with it, but he is concerned about not having enough flexibility. He felt the designated sites may not be adequate as the system grows. Height is an important issue for his client, as they are in the business of selling air time, and not developing towers. He recommended that the City consider having the height as one of the issues for approval of a special use permit rather than having a specified maximum height. He said he looked forward to continuing to provide services to the City. Mr. Dave Hagen, Sprint PCS, stated that he would echo Mr. Beck's and Mr. Korstad's comments to add existing structures to the list of permitted use sites. The attachment of antennas to existing structures is less intrusive to the community's environment than erection of a new tower. He requested that Council consider this change to the proposed ordinance. Councilman Billings stated that if antennas were allowed to be placed on existing structures, they possibly could be attached to homes in residential areas. This is what the City is trying to avoid and to keep the antennas in business areas rather than in a residential neighborhood. Mr. Hagen stated that a single family home would not provide sufficient elevation above the ground or trees to propagate a signal. He can understand the concern of antennas attached to single family dwellings. It would seem that multi-family dwellings might be something the City may need to consider in the future. MOTION by Councilman Schneider 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 11:50 p.m. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 1997 ITEMS FROM THE CONSENT AGENDA: PAGE 26 2. ORDINANCE NO. 1107 TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA, BY NIAKING A CHI�TGE IN ZONING DISTRICTS (REZONING REQUEST, ZOA 97-05, BY DOLPHIN DEVELOPMENT AND CONSTRUCTION CO., INC., TO REZONE PROPERTY GENERALLY LOCATED AT 73RD AND UNIVERSITY AVENLJES) (WARD 1): MOTION by Councilman Billings to waive the reading and adopt Ordinance No. 1107 on the second reading and order publication. Seconded by Councilwoman Bolkcom. MOTION by Councilman Billings to amend Section 2 of the ordinance by deleting paragraphs two and three and deleting all of Section 3. Further, to insert the following language in Section 2, second paragraph: "Tract A Registered Land Survey No. 78 Anoka County Minnesota;" and to insert the following language in Section 2, third paragraph: "Is hereby desiqnated to be in the Zoned District C-2, General Business." The following language is to be inserted for 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 M-2, Heavy Industrial to C-2, General Business." Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorqenson declared the motion carried unanimously. MOTION by Councilman Billings to further amend Section 1 of the ordinance by deleting the second paragraph which reads as follows: "Be and is hereby rezoned subject to the stipulations adopted at the October 1, 1997, City Council meeting." Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Jorgenson declared the motion carried unanimously. 3. ORDINANCE NO. 1108 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 GENERAI�LY LOCATED AT 63RD AVENUE N.E. AND EAST MOORE I�KE DRIVE) (WARD 2): MOTION by Councilman Billings to waive the reading and adopt Ordinance No. 1108 on the second reading, with the following stipulations, and order publication: (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 on the portion of the property that is currently designated as residential. Seconded by Councilman Barnette. MOTION by Councilman Billinqs to amend Section l, second paragraph, of the ordinance by changing the October 1, 1997 date to October 13, 1997. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 1997 PAGE 27 UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Jorgenson declared the motion carried unanimously. WAIVED THE READING AND ADOPTED ORDINANCE NO. 1,108 ON THE SECOND READING, WITH THE FOLIAWING STIPULATIONS, AND ORDERED PUBLICP.TION: APPROVAL OF VAR REQUEST #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 ON THE PORTION OF THE PROPERTY THAT IS CURRENTLY DESIGNATED AS RESIDENTIAL. 5. FIRST READING OF AN ORDINANCE �MENDING CHAPTER 602, "BEER LICENSING," OF THE FRIDLEY CITY CODE, TO DELETE THE WORD "NON- INTOXICATING" AND REPLACE IT WITH "3.2 PERCENT " AND TO �+.MEND SECTION 602.05.O1.C, � APPROVE OFFICIAL TITLE AND SUNII�lARY: MOTION by Councilman Billings to waive the readinq and approve the ordinance on first reading, and the official title and summary. Seconded by Councilwoman Bolkcom. MOTION by Councilman Billings to amend Section 602.13, Item 1, third line, of the ordinance by deleting the words "after August l, 1983" and changing the fourth line by substituting "340A.409," instead of 340.95. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. � UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Jorqenson declared the motion carried unanimously. 8. RESOLUTION SUPPORTING DESIGNP.TION OF THE MISSISSIPPI RIVER AS AN AMERICAN HERITAGE RIVER: Councilman Schneider stated that he was concerned about any financial commitment if this resolution is adopted. Ms. D3cy, Community Development Director, stated that if the Mississippi River receives this designation there is the possibility of allocation of funds for projects within the river area and cooperation between aqencies and local government. If Council desired further information, this could be provided for the November 10, 1997 Council meeting. MOTION by Councilman Schneider to table this item to November 10, 1997 and direct staff to provide further information. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. � FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 1997 PAGE 28 10. 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): Councilwoman Bolkcom stated her only concern is that the neighborhood is notified of the plans for this area. Ms. Dacy, Community Development Director, stated that meetings have been held with the engineer and the process has just begun. Meetings will be conducted with the residents after staff has all the information and after they receive a response on the Local Communities Act application. MOTION by Councilwoman Bolkcom to approve the joint powers agreement between the City and Anoka County for the reconstruction of 57th Avenue between T.H. 47 and Main Street. 5econded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. 15. RESOLUTION NO. 88-1997 CERTIFYING CERTAIN DELINQUENT UTILITY SERVICES TO THE COUNTY AUDITOR FOR COLLECTION WITH THE 1998 TAXES• Councilman Billings stated that there are a number of addresses listed twice with identical amounts. He asked if this was a duplication or if it covers two different quarters. Mr. Pribyl, Finance Director, stated that this list has been reviewed a number of times. If there were duplicates they would not be certified to the County. MOTION by Councilman Billings to adopt Resolution No. 88-1997. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. OLD BUSINESS: 30. SPECIAL USE PERMIT, SP #97-07, BY PAUL LITWINCZUK, TO ALLOW A SECOND ACCESSORY STRUCTURE, GENERAI�LY LOCATED AT 6291 CENTRAL AVENUE N.E. (WARD 2)(TABLED OCTOBER 13, 1997): MOTION by Councilman Schneider to remove this item from the table. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. Mr. Hickok, Planning Coordinator, stated that this was a request for a special use permit to allow a second accessory structure at 6291 Central Avenue. The petitioner recently constructed a new home with an attached garage. The proposed second accessory structure was an existing 360 square foot garage which was built in 1973. Staff is recommending approval with seven stipulations. Councilman Schneider asked if there is an issue with the two driveways. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 1997 PAGE 29 Mr. Flora, Public works Director, stated that the second accessory structure is far enough back from the intersection to not be a problem. Councilman Schneider stated that it would be better to have the vehicles parked in the garage rather than on the street. Mayor Jorgenson stated she was concerned that this may be used for a home occupation. She was also concerned with the amount of dirt on the site. Mr. Litwinczuk, the petitioner, asked if he could drain his property to the curb. � Mr. Knaak, City Attorney, stated that if a property owner has any area on his property where water stands for a period of time it may be considered a wetland, and the property owner cannot fill it. MOTION by Councilman Schneider to grant Special Use Permit, SP #97-07, 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) the structure shall not be used for a home occupation; (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. An overhead garage door shall be installed; (6) a letter of credit of $20,000 shall be submitted prior to issuance of a building permit to ensure timely completion of the project; and (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. Seconded by Councilman Barnette. UPON A VOICE VOTE, Councilman Schneider, Councilman Barnette, Councilman Billings and Mayor Jorgenson voted in favor of the motion. Councilwoman Bolkcom voted against the motion. Mayor Jorgenson declared the motion carried by a four to one vote. MOTION by Councilman Schneider to request staff to meet with the petitioner regarding options on the dirt located on his property. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. NEW BUSINESS: 31. RESOLUTION NO. 93-1997 ADOPTING ASSESSMENT FOR LOCKE LAKE DAM EXCAVATION PROJECT NO. 255: Mr. Knaak, City Attorney, stated that there has to be a written communication objection to this assessment, and then it becomes a proeess by the District Court. The City is then notified when the matter is set for trial in the District Court. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 1997 PAGE 30 Ms. Vasecka, 6909 Hickory Drive, asked what would be considered legal notification for the public hearing and if the notice had to be addressed to the legal property owners. Mr. Knaak stated that it should be addressed to the legal property owners, but the key issue is that the notice has to arrive at the address of the property that is receiving the assessment. He asked Ms. Vasecka if she received the notice. Ms. Vasecka stated that she did, but her husband did not get the notice. If it was not addressed to him then he would not have seen it. Ms: Vasecka stated that the petition submitted did not specifically address this particular assessment or the amount being assessed. She asked if that was considered a legal petition for the assessment. Mr. Knaak stated that if the ultimate amount is greater than what was anticipated then it is allowed. Ms. Vasecka asked if the dredging was complete even thouqh no dredging has taken place by the storm drain in front of her home. Mr. Flora, Public Works Director, answered in the affirmative. Ms. Vasecka asked if this would be considered proper notice if the original petition was filed prior to additional information given on the shortcomings of the dredging. Mr. Knaak stated that the entire public hearing process is for the purpose of considering these kinds of issues. Ms. Vasecka asked Council to keep in mind that total information was not given to residents about the depth of the assessment. so, the cost was to have been $40, 000 rather than $54, 000. She would like Council to take into consideration the fact that when they were originally assessed for the dam they were told no additional assessment would be passed by the Council regarding this project. The dredging, in her mind, is not complete, and she had discussions with John Flora and the DNR regarding this issue. At the beginning, the concern of the residents was that additional assessments would be made, and they were given assurances by Council that there would be no additional assessment. Residents were told that if they did not sign the petition there would be no improvement. Mayor Jorgenson asked Ms. Vasecka if she is saying residents were coerced into signing the petition. Ms. Vasecka stated that is what she is saying. Ms. Vasecka asked the elevation of the lake. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 1997 PAGE 31 Mr. Flora stated that the current elevation is 820.3 feet. It is anticipated that it will be lowered two feet in November to make room for snow and ice melt in the spring. Mr. Pribyl, Finance Director, asked that the minutes reflect that Pin Nos. 15-12-0067 and 15-12-0068 were combined into one Pin No. 15-12-0072 in the amount of $2,393.92. MOTION by Councilman Billings to adopt Resolution No. 93-1997. Seconded by Councilman Barnette. Upon a voice vote, Councilman Billings, Councilman Barnette, Councilman Schneider and Mayor Jorgenson voted in favor of the motion. Councilwoman Bolkcom abstained from voting on the motion. Mayor Jorgenson declared the motion carried by a four to one vote. 32. RESOLUTION NO. 94-1997 ADOPTING ASSESSMENT FOR ALDEN WAY PROJECT NO. ST. 1996 - 1& 2: MOTION by Councilman Schneider to adopt Resolution No. 94-1997. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. 33. RESOLUTION P.PPROVING A REDEVELOPMENT PLAN AMENDMENT TO THE S-2, REDEVELOPMENT DISTRICT (PROJECT PI�N 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 UNIVER5ITY AVENUE N.E. (WARD 1): MOTION by Councilman Billings to adopt this resolution with stipulations attached as Exhibit A. This was submitted by staff this evening. Seconded by Councilwoman Bolkcom. MOTION by Councilman Billings to amend Stipulation No. 5 to read as follows: "The property owner shall enter into negotiations with the Anoka County Regional Railroad Authority for an easement to include 21 feet on the south 51 feet of Lots 9, 10, 11, and 12 of Block 2, Rice Creek Terrace, Plat 1." Seconded by Mayor Jorgenson. Councilman Billings stated that although he would like a more intensive commercial development, he felt this was a reasonable development. Prior discussions with the property owner did provide for the contingency that some type of mass transit would go on that site. This stipulation has been in the record since 1990. It should come as no surprise that those stipulations existed. Both Walgreen's development and the mass transit could be accommodated on this site if the building were sighted a little further south and east. Councilman Billings stated that the other issue is the driveway. The County has stated that there should be only one driveway, but the developer is saying they need two driveways. This has to be worked out with the County. If this item was tabled for two weeks it would allow the developer to meet with the County to work out this issue. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 1997 PAGE 32 Councilman Billings stated that he is in favor of this development on the site. In representing the City, he has to look at what the City is giving up by scaling down the development and the good planning done by prior developers in terms of mass transit and driveway locations. Councilman Barnette stated that he was in favor of the development, but he felt including the stipulation regarding the agreement with the County for an easement was not necessary. The driveway issue is one that will have to be discussed with the County. As he understands, if Stipulation No. 5 is not deleted the project will not proceed. Councilman Schneider stated that he had a problem with requiring the easement. This does have some impact on the property. Mass transit may never happen. He cannot support the amendment, and he suggested that Stipulation No. 5 be deleted. Councilman Barnette felt this was a good project. There have been other proposals for this site over the years, and the residents have� objected. He did not hear any negative comments on this project. He felt it was not good business to commit parking spaces for something that may or may not happen in the future. He did not know how much the Council was committed to the 1990 and 1991 stipulations, but he felt the easement requirement would kill this project. Councilman Billings stated that his main reason for the motion was for the developer to take a serious look at this issue because he believes there will be mass transit along University Avenue with a station in the vicinity of Mississippi Street. He would like the developer to talk to the Railroad Authority, as they may want to locate their building farther north and east knowing that the Railroad Authority may come in and condemn the property. It makes sense to plan for mass transit, as he felt it will happen in the future. Mayor Jorgenson felt it would seem shortsighted not to look at an easement. The City cannot jeopardize the future of the community. MOTION by Councilman Billings to table this item to the November 10, 1997 Council meeting. Seconded by Councilwoman Bolkcom. Mr. Craig Christensen, Semper Development, stated that the easement would take away their best parking and would move the building 60 feet. They would also have to acquire the other home which is not for sale. If the City insists on taking the parking in front it prevents them from operating a retail establishment. Ms. Dacy stated that she would like to work with Mr. Kohler, as she believes there are areas on the site where they could come to a solution. The spaces in front are very important to Walgreen's, but there is 110 feet of blacktop that is unused. She felt tabling this item was appropriate. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 1997 PAGE 33 Ms. Swanson, owner of the property, stated that the present tenant in the existing building has been forced to leave. If this project does not proceed the City will have another empty buildinq. It was time to upgrade this site and to beautify all the four corners of this intersection. UPON A VOICE VOTE TAKEN ON THE MOTION TO TABLE, Councilman Billings, Councilwoman Bolkcom and Mayor Jorgenson voted in favor. Councilman Barnette and Councilman Schneider voted against the motion. Mayor Jorgenson declared the motion carried by a three to two vote. 34. RESOLUTION NO. 95-1997 APPROVING A PLP.T, P.S. #97-05, WALTON 2ND ADDITION (PRELIMINARY PLAT, P.S. 97-05, BY TODD BACfiMAN OF BACHNIAN'S, INC., TO REPLAT PROPERTY GENERALLY LOCATED AT 8200 LJNIVERSITY AVENUE N. E.) (WARD 3) : MOTION by Councilwoman Bolkcom to adopt Resolution No. 95-1997, with the following three stipulations attached as Exhibit A: (1) execute and record common storm water 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; and (3) Rezoning Request, ZOA #97-08, shall be approved. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. 35. SPECIAL USE PERMIT REQUEST, SP #97-08, BY TODD BACF�N OF BACHMAN'S, INC., TO ALLOW A NURSERY OR GARDEN CENTER REQUIRING OUTDOOR SALES, GENERA.LLY LOCATED AT 8200 UNIVERSITY AVENUE N.E. (WARD 3): Mr. Hickok, Planning Coordinator, stated that this is a request for a special use permit for Bachman's to allow a garden center which requires outdoor sales or storaqe. The proposed sales and storage area will be located west of and to the rear of the main structure. MOTION by Councilman Schneider to grant Special Use Permit Request, 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 rezoninq 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 and designed to be architecturally compatible with the building and building elevation plan dated October 8, 1997; and (6) building elevations shall be as proposed on the plan dated October 8, 1997. Seconded by Council- woman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 27, 19:97 PAGE 34 36. FIRST READING OF AN ORDINPNCE TO �MEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA, BY MAKING A CHANGE IN ZONING DISTRICTS (REZONING, ZOA 97-08, BY TODD BACfIMAN OF BACF�IAN'S, INC., TO REZONE PROPERTY GENERALLY LOCATED AT 8200 UNIVERSITY AVENUE N.E.) (WARD 3): MOTION by Councilwoman Bolkcom to waive the reading and approve the ordinance on first reading. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. 37. APPROVE CONTRACT FOR ARCHITECTURAL SERVICES FOR FINISHING LOWER LEVEL OF FRIDLEY COMMUNITY CENTER: (WARD 1): Mr. Jack Kirk, Director of Recreation and Natural Resources, stated that this contract is for designing the lower level of the Fridley Community Center. The design work includes architectural finishes, structural, mechanical, electrical and fire protection systems. The architect during the construction phase is to have weekly meetings for monitoring the progress according to the plans. The City will be informed of any suggested changes after the preliminary design has been approved by Council. The City will have a chance to review and approve changes before this is sent out for bid. The contract amount is $20,000 with up to $2,500 of reimbursable expenses and will include sixteen hours of interior design professional work. The architect will attend five meetings throughout the course of the project to include a program gathering meeting, a design approval meeting, and a construction meeting. MOTION by Councilman Schneider to authorize entering into this contract with Setter, Leach and Lindstrom for designing the lower level of the Fridley Community Center. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. 38. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that there were no informal status reports. ADJOURNMENT: MOTION by Councilman Schneider to adjourn the meeting. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of October 27, 1997 adjourned at 1:27 a.m. Respectfully submitted, Carole Haddad Nancy J. Jorgenson Secretary to the City Council Mayor MEMORANDUM DEVELOPMENT DIRECTOR DATE: November 6, 1997 TO: William Burns, City Manager�t�� FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Resolution Approving Final Plat, P.S. #97-02, Walton Addition, by Wal-Mart Stores, Inc. McCombs Frank Roos Associates has submitted the final mylars for approval and signature by the City Council. Staff has reviewed the final plat and has found that it complies with the subdivision ordinance and that it is correct. Anoka County has also approved the plat in its preliminary form. There were no changes to the plat from the City Council's review of the preliminary plat on September 8, 1997. �X�i ►7�il��if��I7��L�1� Staff recommends that the City Council approve the resolution approving the final plat of Walton Addition and authorize the Mayor to sign the said final plat. MM/dw M-97-464 1.01 R�SOLUTION NO. - 1997 A R$SOLUTION APPROVING A FINAL PLAT, P.S. #97-02, WALTON ADDITION WHEREAS, the Planning Commission held a public hearing on the preliminary plat, P.S. #97-02, on August 20, 1997 and recommended approval; and WHEREAS, the City Council approved the final 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. #97-02, Walton 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. PASSSD AND ADOPTED BY TH$ CITY COUNCIL OF TH$ CITY OF FRIDLEY THIS DAY OF , 1997. ATTEST: WILLIAM A. CHAMPA - CITY CLERK l.OG NANCY J. JORGENSON - MAYOR Page 2- Resolution No. - 1997 Exhibit A l. A joint storm water pond use and maintenance agreement between both owners of Lot 1 and 2, Walton Addition shall be executed and recorded against Outlot A, Walton Addition. 2. Cross-parking and access easements shall be executed and recorded against Lot 1 and Lot 2, Block l, Walton Addition. 3. That portion of Walton Addition currently defined as Lot 2, Block 2, Caba Realty 13` Addition shall be rezoned from C-2, General Business to C-3, General Shopping Center District prior to the time of development. 4. The petitioner agrees that both Lot 1 and Lot 2, Walton Addition, shall be assessed for their share of the installation of a stoplight at 83rd & University Avenues. 5. The petitioner shall pay a park dedication fee of $13,359.03. 6. Outlot A be combined with either Lot 1 or Lot 2 for tax purposes. 1.03 s � ?: z J9 � a� � U U � � e � � � � �- g i a#��i�'� � i I�t� t} ��a� #�' i�i�4�� q` �s�t�=�� _��, �t �� d � s laj � �! ��i1�i I � ��r��a� � l��• �i� ;� � ��I rtr 1! !�E`'#�� ' • � �-:�� 1 ! € :� # � �_� ♦ t �-3 �`_;�;:; �� s : �I� � {�� ! �� i 2it��t� i� �� t�2 � ie�lt�� I1 � ; , ,. �;�: ; ��s $ i � � � , , t � � i$ r� ;f i� �f ;�� i� jr � ,� � I 1�a „��$I a y� �, } K� t! �� t�� i � �;j"8 ��[� �� 9�� ;, � � fe �• ai;i �'"�� N E �' t s 1! € t � as�1� i � � � :�i � Aj�t �:�% �;� I j;'�f ��;� ��t y ' F - 1 •` - a'� 2 � � , 5!.t $�� w � Z i � I O �� F��j : �}i� � 3�� 1 j � �c��9 ��'� �� , � . � � � H ��, til� �t� � :, �� I �+ '�A A � ��----_ � ; �� IK w I g7�` �1 �7 _.`...� f � i o?°� r�a t ,�� f ( � � ��. y�► i O i Cz �f �� / /�" I°� �_ . was�-. � � @e � ' � � � � �� I �� ..a � ; �' — ''" _ � � ��x � � I !"� o _ � � I �5° �� , . ��s : i ', � I . i � �.� 'al D W H Q. 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'�� I � S i I �_ � � i = �; � , � , n;n F _ s � I4t � �a l � � � i� - •� � � i � ��! ~ o ! ,.�,� � igg e �s� °' Y ` � �9 �� '�4-°� � W !" f � �� R :� ° I�s�^m"_< ;� ��-�� . � � �� I �s! , �S� �� I �J o I � I . • � �L I� e �� we I Y � � I ' g yl � , � � �� I � R'n �— ° s mvc 137Y1i M1n aa. uta wm i � � i _ _ ' _ —J 8 �f�.a� _ — 2 - � � 1.04 MEMOR.ANDUM DEVELOPMENT DIRECTOR DATE: November 6, 1997 TO: William Burns, City Manager `�� FROM: Barbara Dacy, Community Development Director Scott Hickok, Pianning Coordinator Michele McPherson, Planning Assistant SUBJECT: Second Reading of an Ordinance Approving a Rezoning, ZOA #97-08, by Todd Bachman; 8200 University Ave. NE The City Council conducted a public hearing regarding this request at its October 27, 1997 meeting. The City Council also approved first reading of the attached ordinance. There were no stipulations as a condition of approval. RECOMMENDATION Staff recommends that the City Council approve second and final reading of the attached ordinance rezoning property from C-2, General Business to C-3, General Shopping Center. MM/dw M-97-463 2.01 ORDINANCS NO. ORDINANCS TO AM$ND TH$ CITY COD$ OF TH$ CITY OF FRIDLi3Y, MINN$SOTA BY MAKING A CHANG}3 IN ZONING DISTRICTS The Council of the City of Fridley does ordain as follows: SECTION 1. SECTION 2. Appendix D of the City Code of Fridley is amended as hereinafter indicated. The tract or area within the County of Anoka and the City of Fridley and described as: The North 169 feet of Lot 2, Block l, Walton Addition, generally located at 8200 University Avenue N.E. (north of Sam's Club). Is hereby designated to be in the Zoned District C-3, General Shopping Center. SECTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or area to be rezoned from Zoned District C-2, General Business to C-3, General Shopping Center. PASSF3D AND ADOPT$D BY TH$ CITY COUNCIL OF THi3 CITY OF FRIDL$Y THIS OF , 1997. ATTEST: WILLIAM A. CHAMPA - CITY CLERK Public Hearing: First Reading: Second Reading: Publication: October 27, 1997 October 27, 1997 2.�2 NANCY J. JORGENSON - MAYOR 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 ��r FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR WILI�IAM A. CHAMPA, CITY CLERK SIIBJECT: SECOND READING OF AN AMENDMENT TO CHAPTER 602, "BEER LICENSING, OF THE FRIDLEY CITY CODB DATE: NOVEMBER 6� 1997 In 1996, the State Legislature passed an amendment to State Statutes 340A.410 (Liquor Licensing). Subdivis�on 3 of this amendment states that a political subdivision may not issue a 3.2 percent malt liquor 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 602.05.01.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. Finally, Section 602.13.01, "Liability Insurance", has been updated in response to Council's recommendation. Staff recommends approval of the second reading 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 SUMMARY be approved for publication. Attachments 3.01 ORDINANCE NO. AN ORDINANCE AMIIdDING CEIAPTER 602, "BEER LICENSING", OF THE FRIDLEY CITY CODE, TO DELETE THE WORD "NON-INTORICATING" AND REPIACE IT WITH "3.2 PIItCENT" AND TO AMEND SECTIONS 602.OS.Ol.0 AND 602.13.01 602.01. DEFINITIONS The following definitions shall apply in the interpretation and application of this Chapter and the following words and terms, wherever they occur in this Chapter, are defined as follows: 1. Beer or 3.2 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 3•2 percent malt liquor including such furnishing in violation or evasion of law. 4. Tavern. An establishment for the sale of beer, cigars, cigarettes and all forms of tobacco, beverages, and soft drinks sold at retail for consumption on the premises. 602.02. LICENSES REQUIRED 1. 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 license as hereinafter provided. Licenses shall be of three kinds: (1) Regular "on-sale"; (2) Temporary "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 consumption on the premises. "On-sale" licenses shall permit the sale of beer for consumption on the premises only. 3.02 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 consumption 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 df "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 an "off-sale" license. Each "on-sale" license fee shall include an "off-sale" license at no additional expense. The annual and temporary license fees and initial investigation fee shall be as provided in Chapter 11 of this Code. 3.03 � 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 violations 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, '-`-- ^'�-=----�-- -� .��.,, T n., ,.., _ ��,,, ..; �_. �.. •, -.�...,, -�� *- 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 3.04 the Council during the license period. 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 been 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 before 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 INELIGIBLE 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) 3.�5 602.07. PLACES INELIGIBLE FOR LICENSE 1. Distance from Schools and Churches. Except for those organizations who have been issued temporary licenses to sell 3.2 ercent malt liquor pursuant to Section 602.02.3, no license shall be granted for any place within 300 feet of any public or parochial school 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 . l. General Conditions. Every license shall be granted subject to'the conditions in the following subdivisions and all other provisions of this Chapter and of any other applicable ordinance of the City or State law. 2. Sales to Minors or Zntoxicated 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 employed on the premises of a tavern, except that persons under eighteen (18) years of age may be employed 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. Gambling device shall include slot machines, roulette wheels, punchboards, dice, playing cards, video 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 or interest in an establishment licensed to sell at retail contrary to the provisions of Minnesota Statutes. No retail licensee and manufacturer or wholesaler of beer shall be parties to any exclusive purchase contract. No retail licensee shall 3.os receive any benefits contrary to law from a manufacturer or wholesaler of beer 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 premises 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. HOURS 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. 3.07 602.11. RESTRICTIONS ON PURCHASE AND CONSI]l�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 parent or legal guardian shall procure beer for any person under the age of twenty-one (21) years. (Ref. 909) . 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 any intoxicating liquor on the premises of a licensee unless said licensee is also licensed to sell intoxicating liquors or holds a"public drinking place license". 602.12. ENTERTAINMF.NT LICENSE RF.QUIRED No person operating an establishment in the business of selling, permitting to be displayed or consumed an intoxicating liquor or 3.2 ercent 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 ercent malt liquor at on-sale or off-sale or on-sale wine shall, =F��Y ^�o�=� ?, ?°_? , demonstrate proof of financial responsibility with regard to liability imposed by Minnesota Statutes, Section �f+��340A.409 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 3.08 one occurrence, and, subject to the limit for one person, $100,000 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. 3.09 602.15. PENALTIES Any violation of the provisions of this Chapter is a misdemeanor and is subject 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: October 17, 1997 Second Reading: Publish: � 3.10 NANCY J. JORGENSON - MAYOR ORDINANCE N0. OFFICIAL TITLE AND SU1�IIiARY 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 Sections 602.OS.Ol.C. and 602.13.01. II. SUMMARY 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 changes the method for granting a public hearing by enabling the City Clerk to designate and publish the public hearing date. The proposed ordinance also updates language relating to liability insurance, Section 602.13.01. 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: 3.11 NANCY J. JORGENSON - MAYOR American Heritage Rivers Initiative November 6, 1997 Page 2 There is no financial commitment by the City and the attached resolution merely signals the City's support for the nomination of the Mississippi River as an American Heritage River. - • �• • Staf� recommends the City Council adopt the attached resolution. BD/dw M-97-460 4.02 RSSOLUTION NO. - 1997 A RBSOLUTION SIIPPORTING D$SIGNATION OF THS MISSISSIPPI RIVER AS AN AM$RICAN HBRITAG$ 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$D AND ADOPTSD BY THS CITY COITNCIL OF TH$ CITY OF FRIDL$Y THIS DAY OF , 1997, ATTEST: WILLIAM A. CHAMPA - CITY CLERK 4.03 NANCY J. JORGENSON - MAYOR �� '�:� Senate Supports Heritage Rivers ment of a"talent bank" which wW auow �, D.C. —"The Senat� �l�t communities to share knowledge and � i� , washinSt°n, techniques, a catalog of federal serr►ices. :; �`-' ed an amendment which would have �� ,�,ha wilt help ifes- � - and a "river naviga .. undermined the American Heritage ��d rivers find fedecal funds• . 1 Rivers Initiative, a new White House e�ort ..� ��deral govenunent has a lot of :� to recoSnice nver revitalization efforts and eX�� to offer to local oommunities .•.; unprove the delivery of federal services to and we ought to be boking for ways to sbue :; rivecside �ommunities. MaYors from com- r Mississippi that wealth with communities who want it," �; munities along the UPPe said Sen. Joseph Lieberman (D-Cii• , � River are seeking designation. - _ _�i Sen. Tini Hutchinson (R-AK'1 Pro- M �d F.� K� �j�hj�t � posed an amendment to the Senate uY , ,� Interior App►vPnations bill which would Farm Runoff have subjected nominations to an act of Washington, D•C• — Few nah°°at � Congress and required local communi- rules control the pollution that runs=off � ties to contact all pcopertY owners living farms nationwide — pollution suspect�ii:_� within 10 miles from the river. Althou8fi in the outbreak of .a mysterious fish-; � Americaa Heritage River designation killing miccvbe in MarYland and current; y;� dces not create new federal regulations Iy the most widespread source of conta- �� or diminish private pc�opertY nShts� minadon in America's rivers. � ; some right-leaning grouPe oontend �g- Only the largest livestock operations �Y ignation wouW ultimately lead to more hotdin8 thoasandg of animals in pena, � federal coatcol of riverside landa. reqnire pern►its ftom ti�e Environadental � The amendmentwas defeated 5? b 42. Protectioa AgencY. for the storagc of ; Sen. Christopher "Ki�' Bond (R-MO) manure. And although 16 states require,w. voted against the amendment and other, smaller farms to adhere to'"plans`� encouraged other Republican Senatocs on how to manaSe manure and fertil z�,� coacerned about propertY n8hts to allow ers, most states have purely volun'`�irx;.. the Initiative to move forward. "The programs. ••It is really not regulated,":� White House has assured ug that the said Scott Faber of Americaa Rtvecs:`�"'� � designation of rivers wouW be an open Pesdcides and soil erosion fr°m 6rn� �" process which will safeguard the roles of also pollute waterwaYs� but the nutrienb � 4� 1oca1 government and the rights private ;Q manure and other feetilizers --=: ma�rt=`� Property owners;' said a legislative aide �y nitrogen and phosphorous =::iipset_.� to Sen. Bond. "The Senator is inclined to nature's balance, with sometimes unfoi+e-;,� let them make good on their wocd:' seen results• On MarYland's Easterd`: Sens. Paul WellstoneSD 11�II�1)� Herfi Shore, officials are trying to determine if ? Kohl (D �, Russ Feingold (D-VVI). Car°l poultrY farms contributed to an outbrealc; -� Moseley-Brdun (D-II.)� Richatd Ducbin of �esteria piscicida, a bacteria,:that,. also voted killed scores of 5sh in Chesapeak�e BaY:; (D-IL), and Tom Harkin (D-I� ' to table the amet►dment "We have a bt of tributaries and may have sickened peoPle„� communities seeking des�gnation of the_. who came in contact with the rive�s � iJp�er 1��Tississippi River to im�cc±nve acoess A concentration of huge hog fartns �s? to federai riverfront rev�tal�zation pcv-_ the main suspect in a similar appeatai�ce., _r______----- grams�" Sen._Weilstone_said during_the of pfiesteria that killed millions of 5sh: fl� debate, 'fhis amendment '_would two years ago in North Carolu�a• And -- - - - --= herda place an insurmountab� roadblocic_u► h°°t some scientists believe da�ry ,.. . _ _.— of local communities .•• W� a� trYl°S t° couW have been the soune o p4tz-. malae the most of their river eesources." site cryptosporidia in Wisconsin in _199Li Sens. John Ashccoft (R-MO)� Ctiaries — which caused 100 deaths a��de Grassley (R-IA)� and Rod Grams (R-Iv[I`I) .l00�000 sick — and in Georgia •<_ ��.. � voted for the ameadment, Nutrients are beneficial when nsed� The White House launched �.�.�4�per amounb to help crops gto, �Y,� American Heritage Rivecs Initiative ... :.any f�rmers use cattle and,,ch� � improve access to federal river nevital- manure on 5elds. It is a bw-cost alte� ization proSnms, including the devebp- tive to chemicals and helps farnteta pe�a � ��3a4f' �� American Heritage Rivers Homepage Page 1 "Tonight, I announce that this year I will designate 1 U American Heritage Rivers to help communities alongside them revitalize their waterfront and clean up pollution. " - President Clinton State of the Union Address, February 4, 1997 ��EP� �.��.� ��C�� ,��,�, � � = �[��[;� 1�` �� „�� .:��.; � � `� �� `� '�'"�� - � -'� ` , �� I �a � ,�+n't�- � e�.. � " � �` �`. � �� °� '!�m.�1 ��,�`�.,,�.. � ''�� 4'*r' 1 �'"� Email vour sug es�� tions URL: http://www.epa.gov/rivers Revised September 10, 1997 4.05 American Heritage Rivers Federal Register Norice Page 1 TI� WHITE HOUSE Office of the Press Secretary September 11, 1997 EXECUTIVE ORDER FEDERAL SUPPORT OF COMMUNITY EFFORTS ALONG �MERICAN HERITAGE RIVERS By the authority vested in me as President by the Constitution and the laws of the United States of America, including the National Environmental Policy Act of 1969 (Public Law 91-190), and in order to protect and restore rivers and their adjacent communities, it is hereby ordered as follows: Section 1. Policies. 1. The American Heritage Rivers initiative has three objectives: natural resource and environmental protection, economic revitalization, and historic and cultural preservation. 2. Executive agencies ("agencies"), to the extent permitted by law and consistent with their missions and resources, shall coordinate Federal plans, functions, programs, and resources to preserve, protect, and restore rivers and their associated resources important to our history, culture, and natural heritage. 3. Agencies shall develop plans to bring increased efficiencies to existing and authorized programs with goals that are supportive of protection and restoration of communities along rivers. 4.06 American Heritage Rivers Federal Register Notice Page 2 4. In accordance with Executive Order 12630, agencies shall act with due regard for the protection of private property provided for by the Fifth Amendment to the United States Constitution. No new regulatory � authority is created as a result of the American Heritage Rivers initiative. This initiative will not interfere with matters of State, local, and tribal government juris�iction. 5. In furtherance of these policies, the President will designate rivers that meet certain criteria as "American Heritage Rivers." 6. It is the policy of the Federal Government that communities shall nominate rivers as American Heritage Rivers and the Federal role will be solely to__,_.�v support community-based efforts to preserve, protect� "1`� and restore these rivers and their communities. 7. Agencies should, to the extent practicable, help identify resources in the private and nonprofit sectors to aid revitalization efforts. 8. Agencies are encouraged, to the extent permitted by law, to develop partnerships with State, local, and tribal governments and community and nongovernmental organizations. Agencies will be responsive to the diverse needs of different kinds of communities from the core of our cities to remote rural areas and shall seek to ensure that the role played by the Federal Government is complementary to the plans and work being carried out by State, local, and tribal governments. To the extent possible, Federal resources will be strategically directed to complement resources being spent by these governments. 9. Agencies shall establish a method for field offices to assess the success of the American Heritage River initiative and provide a means to recommend changes that will improve the delivery and accessibility of Federal services and programs. Agencies are directed, where appropriate, to reduce and make more flexible procedural requirements and paperwork related to providing assistance to communities along designated rivers. 10. Agencies shall commit to a policy under which they will seek to ensure that their actions have a positive effect on the natural, historic, economic, and cultural resources of American Heritage River communities. 4.07 American Heritage Rivers Federal Register Notice Page 3 The policy will require agencies to consult with American Heritage River communities early in the planning stages of Federal actions, take into account the communities' goals and objectives and ensure that actions are compatible with the overall character of these communities. Agencies shall seek to ensure that their help for one community does not adversely affect neighboring communities. Additionally, agencies are encouraged to develop formal and informal partnerships to assist communities. Local Federal facilities, to the extent permitted by law and consistent with the agencies' missions and resources, should provide public access, physical space, technical assistance, and other support for American Heritage River communities. 11. In addition to providing support to designated rivers, agencies will work together to provide information and services to all communities seeking support. Sec. 2. Process for Nominating an American Heritage River. Nomination. Communities, in coordination with their State, local, or tribal governments, can nominate their river, river stretch, or river confluence for designation as an American Heritage River. When several communities are involved in the nomination of the same river, nominations will detail the coordination among the interested communities and the role each will play in the process. Individuals living outside the community may not nominate a river. 2. Selection Criteria. Nominations will be judged based on the following: 1. the characteristics of the natural, economic, agricultural, scenic, historic, cultural, or recreational resources of the river that render it distinctive or unique; 2. the effectiveness with which the community has defined its plan of action and the extent to which the plan addresses, either through planned actions or past accomplishments, all three American Heritage Rivers objectives, which are set forth in section 1(a) of this order; 3. the strength and diversity of community support for the nomination as evidenced by letters from elected officials; landowners; private citizens; businesses; and especially State, local, and tribal governments. Broad community support is 4.08 American Heritage Rivers Federal Register Norice Page 4 essential to receiving the American Heritage River designation; and 4. willingness and capability of the community to forge partnerships and agreements to implement their plan to meet their goals and objectives. 3. Recommendation Process. The Chair of the Council on Environmental Quality ("CEQ") shall develop a fair and objective procedure to obtain the views of a diverse group of experts for the purpose of making recommendations to the President as to which rivers shall be designated. These experts shall reflect a variety of viewpoints, such as those representing natural, cultural, and historic � resources; scenic, environmental, and recreation interests; tourism, transportation, and economic development interests; and industries such as agriculture, hydropower, manufacturing, mining, and forest management. The Chair of the CEQ will ensure that the rivers recommended represent a variety of stream sizes, diverse geographical locations, and a wide range of settings from urban to rural and ens ure that relatively pristine, successful revitalization efforts are considered as well as degraded rivers in need of restoration. 4. Designation. 1. The President will designate certain rivers as American Heritage Rivers. Based on the receipt of a sufficient number of qualified nominations, ten rivers will be designated in the first phase of the initiative. 2. The Interagency Committee provided for in section 3 of this order shall develop a process by which any community that nominates and has its river designated may have this designation terminated at its request. 3. Upon a determination by the Chair of the CEQ that a community has failed to implement its plan, the Chair may recommend to the President that a designation be revoked. The Chair shall notify the community at least 30 days prior to making such a recommendation to the President. Based on that recommendation, the President may revoke the designation. Sec. 3. Establishment of an Interagency Committee. ' � � American Heritage Rivers Federal Register Norice Page 5 There is hereby established the American Heritage Rivers Interagency Committee ("Committee"). The Committee shall have two co-chairs. The Chair of the CEQ shall be a permanent co-chair. The other co-chair will rotate among the heads of the agencies listed below. The Committee sha11 be composed of the following members or their designees at the Assistant Secretary level or equivalent: 1. The Secretary of Defense; 2. The Attorney General; 3. The Secretary of the Interior; 4. The Secretary of Agriculture; 5. The Secretary of Commerce; 6. The Secretary of Housing and Urban . Development; � 7. The Secretary of Transportation; 8. The Secretary of Energy; 9. The Administrator of the Environmental Protection Agency; 10. The Chair of the Advisory Council on Historic Preservation; 11. The Chairperson of the National Endowment for the Arts; and 12. The Chairperson of the National Endowment for the Humanities. The Chair of the CEQ may invite to participate in meetings of the Committee, representatives of other agencies, as appropriate. 2. The Committee shall: 1. establish formal guidelines for designation as an American Heritage River; 2. periodically review the actions of agencies in support of the American Heritage Rivers; 3. report to the President on the progress, accomplishments, and effectiveness of the American Heritage Rivers initiative; and 4. perform other duties as directed by the Chair of the CEQ. Sec. 4. Responsibilities of the Federal Agencies. Consistent with Title I of the National Environmental Policy Act of 1969, agencies shall: identify their existing programs and plans that give them the authority to offer assistance to communities 4.10 American Heritage Rivers Federal Register Notice Page 6 involved in river conservation and community health and revitalization; 2. to the extent practicable and permitted by law and regulation, refocus programs, grants, and technical assistance to provide support for communities adjacent to American Heritage Rivers; 3. identify all technical tools, including those developed for purposes other than river conservation, that can be applied to river protection, restoration, and community revitalization; 4. provide access to existing scientific data and information to the extent permitted by law and consistent with the agencies mission and resources; � 5. cooperate with State, local, and tribal governments and communities with respect to their activities that take place in, or affect the area around, an American Heritage River; 6. commit to a policy, as set forth in section 1(j) of this order, in making decisions affecting the quality of an American Heritage River; 7. provide, once a river is designated an American Heritage River and at the community's request, a single representative called a"River Navigator" with whom communities can communicate goals and needs and who will facilitate community-agency interchange; 8. allow public access to the river, for agencies with facilities along American Heritage Rivers, to the extent practicable and consistent with their mission; and 9. cooperate, as appropriate, with communities on projects that protect or preserve stretches of the river that are on Federal property or adjacent to a Federal facility. Sec. 5. Responsibilities of the Committee and the Council on Environmental Quality. The CEQ shall serve as Executive agent for the Committee, and the CEQ and the Committee shall ensure the implementation of the policies and purposes of this initiative. Sec. 6. Definition. For the purposes of this order, Executive agency means any agency on the Committee and such other agency as may be designated by the President. 4.11 American Heritage Rivers Federal Register Notice Page 7 Sec. 7. Judicial Review. This order does not create any right or benefit, substantive or procedural, enforceable by any party against the United States, its agencies or instrumentalities, its officers or employees, or any other person. WILLIAM J. CLINTON THE WHITE HOUSE, September 11, 1997. " ' "� Emailyour suggestions URL: http://�vww.epa.gov/rivers/eo.html Revised September 11,1997 4.12 American Heritage Rivers Federal Register Notice Page 1 Fina1 Federal Register Notice September 17, 1997 4.13 American Heritage Rivers Federal Register Norice Page 2 Council On Environmental Quality American Heritage Rivers Initiative DESCRIPTION OF AMERICAN HERITAGE RIVERS INITIATIVE AND INFORMATION ON HOW COMMUNITIES NOMINATE THEIR RIVERS CONTENTS: The major sections of this document include: Summary Deadline Availability of Nomination Packets and Supplementary Information - Background Summary of Comments Received from the Federal Register Notices of May 19 and June 20 Overall Program Design Benetits of Designation Benefits to Applicants who Submit Complete Nomination Packages Improved Services Available to All Communities Clarifications Appendices SUMMARY In the State of the Union Address on February 4, 1997, President Clinton announced an initiative supporting community-led efforts relating to rivers that spur economic revitalization, protect natural resources and the environment, and preserve historic and cultural heritage. President Clinton has since issued Executive Order 13061 directing agencies to establish and implement the initiative. This notice summarizes the initiative developed to implement the President's directive. The federal government plays two critical roles in supporting river-related projects. First, it offers federal agency services to organizations and governments conducting community-based work. Second, it creates a national information and communications network to encourage communities to provide useful information to communities, including sharing success stories. The American Heritage Rivers initiative is voluntary and locally driven; communities choose to participate and can 4.14 American Heritage Rivers Federal Register Notice Page 3 terminate their participation at any time. In implementing the American Heritage Rivers initiative, federal departments and agencies shall act with due regard for the protections of private property provided by the Fifth Amendment to the United States Constitution. The American Heritage Rivers initiative will create no new regulatory requirements or rules for property owners or state, tribal, or local governments. The American Heritage Rivers initiative will use existing federal resources more effectively to assist communities. To enhance federal assistance to community-based projects, the federal government will solicit nominations from communities wishing to designate their rivers as American Heritage Rivers. The nomination process is described in this notice. The President will designate 10 American Heritage Rivers in early 1998. The communities sunounding designated rivers will receive a number of benefits, including special recognition; focused support from existing federal programs; a person (the River Navigator) to serve as a liaison between the community and the federal government; improved delivery of assistance from agencies throughout the federal government; and a good neighbor policy. The federal government will work to integrate and streamline its approach to providing existing federal services in designated American Heritage River communities in partnership with local leadership. These partnerships will give the federal government an opportunity to study and improve how it provides assistance to communities across the nation. Additionally, the federal government will provide a new information center on the World Wide Web for community-based projects in economic revitalization, natural resources and the environment, and historic and cultural preservation. These Web pages will include information about services that can assist community projects and provide opportunities for dialogue between communities. The federal government will also provide this information to people without access to the Internet. The American Heritage Rivers initiative was developed by an interagency task force convened by the White House. The President's Executive Order creates a new committee, called the American Heritage Rivers Interagency Committee (Committee) that will be responsible for the implementation of the American Heritage Rivers initiative. The Committee will be composed of the following members or their designees at the Assistant Secretary level or equivalent: 4.15 American Heritage Rivers Federal Register Norice Page 4 • The Secretary of Defense; • The Attorney General; • The Secretary of the Interior; • The Secretary of Agriculture; • The Secretary of Commerce; • The Secretary of Housing and Urban Development; • The Secretary of Transportation; • The Secretary of Energy; • The Administrator of the Environmental Protection Agency; • The Chair of the Advisory Council on Historic Preservation; • The Chairperson of the National Endowment for the Arts; • The Chairperson of the National Endowment for the Humanities. � The Executive Order sha11 apply to any agency on the Committee and such other agencies as designated by the President. Each of these departments and agencies oversees programs and services, authorized by Congress, that can benefit citizens in riverfront communities. By engaging many of these departments and agencies in the creation of the American Heritage Rivers initiative, the Administration has tried to ensure that the initiative is founded on their various missions they are mandated to address, economic revitalization, natural resources and environmental protection, and historic and cultural preservation, and is directed at improving the coordination and delivery of related services. The American Heritage Rivers initiative embodies the Administration's effort to reinvent government in accordance with the National Performance Review. The National Performance Review, directed by Vice President Gore, seeks to create a government that works better and costs less through focusing on customer service, developing partnerships, and delegating power to the front lines. AVAILABILITY OF NOMINATION PACKETS AND SUPPLEMENTARY INFORMATION Deadline: Nominations must be received by 7:00 p.m., EST, on December 10, 1997. No nomination packets will be accepted after this time. Availability of Nomination Packets: Nominations packets are available by request: 4.16 American Heritage Rivers Federal Register Notice Page 5 1. To call for nomination packets: 1-888-40RIVER and leave a message to request a nomination packet. 2. To request nomination packets by mail, write to: Karen Hobbs, Agency Representative, Executive Office of the President, Old Executive Office Building, Room 360, Washington, D.C. 20503. 3. To request nomination packets by Internet, access the American Heritage Rivers homepage at http://www. epa.gov/rivers. Address: Nomination packets will be accepted in three ways: 1. To mail nomination packets: Executive Office of the President, Old Executive Office Building, Room 360, Washington, D.C. 20502. 2. To fax nomination packets: 202-456-6546. 3. To e-mail nomination packets, see instructions on the American Heritage Rivers home page, http://www. epa. gov/rivers. All applicants will receive a postcard notification that their nomination packet has been received. For Further Information: You can request additional information about American Heritage Rivers in the following ways: To receive an information packet or ask a specific question: Call 1-888-40RIVER and leave a message with your name, address and daytime telephone number. Please be as specific as possible in your information request. 2. Federal field staff have been identified in each state to answer questions. You can obtain a list of the federal field staffby calling 1-888-40RIVER, or by accessing the American Heritage Rivers home page at: http://www.epa.gov/rivers. A list of the agency staff in Washington, D.C. is also available via these two methods. 3. The latest information is available on the American Heritage Rivers home page at http : //www. ep a. gov/rivers. Supplementary Information: This notice is available on the American Heritage Rivers home page at: http://www.epa.gov/rivers. 4.17 American Heritage Rivers Federal Register Notice Page 6 BACKGROUND Why this Initiative? Rivers are an integral part of our Nation's history. They often define the distinctive character of communities, providing avenues for trade, opportunities for commerce, agriculture and forestry, routes for exploration and discovery, inspiration for ideas and culture, means of recreation, and habitat for wildlife. Communities across America are working to revitalize their waterfronts and to enhance the historic, cultural, recreational, agricultural, economic, public health, and environmental values of their rivers. At the same time, many people have called for better, smarter, and more coordinated ways to work with the federal government. President Clinton instructed the Cabinet to work with communities in the design of this initiative to support community-led efforts that spur economic revitalization, protect natural resources and the environment, and preserve our historic and cultural heritage. The American Heritage Rivers initiative is consistent with the existing authorities articulated by Congress in the National Environmental Policy Act (NEPA) of 1969, as well as other authorities granted to agencies (the National Historic Preservation Act, the Housing and Community Development Act, the Clean Water Act and the Intermodal Surface Transportation Efficiency Act, to name a few). NEPA, for example, instructs federal agencies to seek to create and maintain conditions under which man and nature can exist in productive harmony, while preserving important historic, cultural, and natural aspects of our national heritage. The American Heritage Rivers initiative seeks to coordinate these existing authorities in a more efficient and complementary manner. How Was the Initiative Was Developed? President Clinton announced the initiative during the State of the Union Address on February 4, 1997. An interagency task force was formed to develop the initiative and was charged to report to the President within 90 days. The task force was chaired by the Council on Environmental Quality, and participating agencies included the Departments of Agriculture, Commerce, Defense, Energy, Housing and Urban Development, Justice, Interior, Transportation, the Environmental Protection Agency, the Advisory Council on Historic Preservation, the National Endowment for the Arts, the National Endowment for the Humanities, and the 4.18 American Heritage Rivers Federal Register Notice Page 7 Smithsonian Institution. On February 10, 1997, a home page on the World Wide Web was established to share ongoing information with the public and to encourage their input on all components of the initiative (http://www.epa.gov/rivers). The home page is updated on a regular basis. In addition, a hotline was established for citizen comments and questions (1-888-40RIVER). During April and May, meetings were held across the country to solicit input on the criteria and selection process and to identify the particular federal resources sought most by communities. Staff members from the U. S. Congress authorizing and appropriating committees, along with a varied group of stakeholders, were invited to the two " Washington, D.C. meetings. Meetin�s have also been held in Albuquerque, New Mexico; Boston, Massachusetts; Philadelphia, Pennsylvania; Atlanta, Georgia; Chicago, Illinois; San Francisco, California; Los Angeles, California; Seattle, Washington; Asheville, North Carolina; and Denver, Colorado. In addition, members of the interagency task force were invited to meetings in El Paso (organized by Congressman Silvestre Reyes) and Laredo, Texas (convened by Mayor Saul N. Ramirez, Jr. and Webb County Judge Mercurio Martinez, Jr.) Participants in these meetings offered many excellent suggestions on the overall initiative design and the needs of communities across the country engaged in river revitalization efforts. As a result, a draft notice of the initiative was published in the Federal Register on May 19. The Federal Register notice specifically asked for comments on the proposed overall design of the initiative, the qualifying and selection criteria, and the nomination and selection process. It also solicited advice regarding the specific types of federal assistance communities would find most helpful. The comment period was originally scheduled to end June 9, 1997, but was extended until August 20, 1997 at the request of individuals and organizations and to encourage additional public comment. Following the Federal Register notice, members of the interagency task force were invited to attend a number of meetings, including those in Minneapolis, Minnesota (organized by St. Paul Mayor Norm Coleman and attended by some 20 mayors along the Upper Mississippi River); the Fox River, Wisconsin (at the request of Congressman Jay Johnson); and the cities of Dubuque, Iowa; Jefferson City, 4. 79 American Heritage Rivers Federal Register Notice Page 8 Missouri; and Austin, Texas (at the invitation of representatives from the agriculture community); Denver, Colorado (at the invitation of the Upper Arkansas Watershed Council); West Virginia (at the request of the Hardy County Commissioners); and Frederick, Maryland (at the request of the Frederick County Board of Commissioners). SUMMARY OF COMMENTS RECEIVED FROM THE COMMENT PERIOD (May 19 to August 20, 1997) The Federal Register notice comment period ran from May 19 to August 20, 1997, for a total of 90 days. The Administration is appreciative to all those who took the time to express their views and ideas on the initiative. More than 1,700 comments were received. Many respondents wrote in favor of the initiative, citing increased coordination of federal services, the attention to environmental, economic and culturaUhistoric values in the design of the initiative, the integrated method to river restoration and revitalization, and the community-driven approach. Many. appreciated the fact that no new regulations would be imposed as a result of the initiative. Many of the respondents wrote in opposition to the initiative. Many were opposed to federal involvement of any kind in restoring and revitalizing rivers and often expressed concern about property rights and the role of the United Nations along designated rivers. Efforts were made to address all comments received. Special effort was made to clarify and refine the following areas: overall initiative design; • need for the initiative; • qualifying and selection criteria; • role of the federal government; • Congressional, state, and local roles; • benefits to non-designated rivers; • role of the River Navigator; • private property concerns; • nomination and selection process • public involvement in the design of the initiative. A summary of the comments received, and how each was addressed, appears in Appendix 2 of this Notice. OVERALL PROGRAM DESIGN 4.20 American Heritage Rivers Federal Register Norice Page 9 The American Heritage Rivers initiative will be driven by the needs and desires of communities that wish to participate. The federal government will focus the delivery of resources to support community-led efforts that spur economic revitalization, protect natural resources and the environment, and preserve our historic and cultural heritage. The initiative will also pinpoint and recognize outstanding models of community-based development, conservation, and other efforts, and will, through an information clearinghouse, share the lessons learned in these communities with all who are interested. How do Communities Nominate a River and Who May Apply? The nomination process begins in the local community. - People representing all the different interests who live and work in the area should come together to develop the nomination. After meeting to share information, identify common goals for their river, and set strategies to achieve those goals, they should ask one of their members to submit a nomination on their behalf. The nomination package must include a completed American Heritage Rivers Cover Sheet (printed at the end of this notice in appendix 1) and responses to items 1-4, listed below. Responses to items 3 and 4 constitute the primary basis for evaluating nominations. Items 1 and 2 will be used to put responses to items 3 and 4 in context, but will not be used to assess the merits of the nomination. The President will designate rivers that receive the highest evaluation from items 3 and 4 and have substantively answered items 1 and 2. The President will also seek rivers representing the geographical and resource diversity of the nation (for a complete discussion of additional factors used in the selection process, please see "How Will Rivers Be Selected for Designation?", below). These four items reflect changes made to the initiative as a result of public comment. In the May 19 and June 20 Federal Register notices, five criteria were listed: 1) broad community support; 2) notable resource qualities; 3) local and regional partnership agreements; 4) strategies that lead to action; and 5) measurable results. In this final notice, two criteria from the earlier notices, 1) broad community support and 3) local and regional partnership agreements, have been combined into one item: "illustrate support for the nomination and plan of action." The second criterion from earlier notices, notable resource qualities, is no longer a criterion because it is primarily descriptive and thus, more difficult to objectively judge. However, it remains a key 4.21 American Heritage Rivers Federal Register Norice Page 10 factor in selection. The two criteria from the earlier notices, 4) strategies that lead to action and 5) measurable results, have been combined into one item: "describe the community's plan of action," which includes measures of performance as one of the components of the plan of action. The four items to be addressed in the nomination packet are: 1. Describe the proposed American Heritage River area. Define the proposed area and describe its natural qualities and current uses, for example, economic activities, population patterns, and topography. The size may vary from a short stretch to the whole length of the river. It can cover land immediately adjacent to the river, such as the waterfront and stream side areas, or span the entire watershed. It may cross jurisdictional boundaries. The scope of the area, however, should be sufficient to achieve the community's goals. 2. Describe the notable resource qualities in the area. Explain how the natural, economic, agricultural, scenic, historic, cultural, and/or recreational resources are distinctive or unique. 3. Describe the community's plan of action. Demonstrate that the community has in hand, or is developing, a clearly defined plan of action to achieve its vision for the river area. Applicants are expected to address all three American Heritage Rivers objectives -- economic revitalization, natural resource and environmental protection, and historic and cultural preservation -- either through planned actions or past accomplishments. Any actions planned on the designated river area should not adversely impact neighboring communities. The community may describe both long-term plans and short-term actions. It should also describe how private property rights will be respected. At a minimum, the plan of action should address: o Community vision � Products and projects, including project maintenance � Resources, both committed and anticipated, including means of generating additional support from both private and public sources 4.22 American Heritage Rivers Federal Register Notice Page 11 o Expected federal role o Schedule or timeline o Citizen involvement o Public education o Logistical support, operating procedures and policies o Prior accomplishments, if relevant, and relationship to e�sting plans and projects in the area o Challenges to community action o Measures of performance. 4. Dlustrate who supports the nomination and plan of action. Demonstrate that a range of citizens and organizations support the nomination and plan of action. Provide evidence that members of the community have had an opportunity to comment on and discuss the nomination and plan of action. o Supporters should reflect the diversity of the community. As appropriate, they should include farmers, ranchers, landowners, businesses and industries, educational and arts organizations, youth groups, community leaders, developers and community development organizations, historical societies, environmental groups and other nonprofit organizations, elected officials, and state, tribal, and local governments. Supporters should include minority and low income individuals and groups. Those who rely on the resources but live outside the area should also be included in discussions about the plan of action, but may not submit a nomination. o Describe the nature and scope of the supporters' roles. Demonstrate that they come from all affected jurisdictions. o As appropriate, describe how past and continuing partnerships/agreements support the nomination proposal. If relevant, describe partnerships/agreements forged and commitments made specifically to support the American Heritage Rivers nomination proposal. � Letters of endorsement and support are highly recommended, especially those from elected officials and appropriate state, tribal and local governments. Letters from federal agencies will not be accepted. 4.23 American Heritage Rivers Federal Register Notice Page 12 Nominations must be limited to 15 pages of 10-point text or larger, using one-inch margins. Letters of endorsement should include names, addresses, and phone numbers of the supporters and will not count toward the 15-page limit. Letters of endorsement should also indicate the level of support to be given to the American Heritage River plan of action by the individual or organization writing the letter. Letters of endorsement must be included in the nomination packet; letters of endorsement sent separately will not be considered. Due to constraints on the review and selection process, additional materials, such as videos, photographs, and plans, will not be accepted; however, photographs may be embedded in the text if the total length does not exceed 15 pages. As part of a nomination packet, communities must identify projects they wish to undertake. Communities seeking designation do not have to agree on every aspect of the river's use; they must only agree to support the plan of action for the river they identify in their nomination package. Of course, any projects identified in the nomination packet must still undergo applicable state and local review processes. The most successful applicants will show evidence of broad community support and a clearly defined plan of action. A single nomination for the same river, river stretch or river confluence will indicate, in part, this broad community support. One nomination per river, river stretch or river confluence is recommended. Multiple nominations will be ranked and scored separately. The scope of the nomination does not have to include contiguous segments of the river. While it is desirable to apply for designation of contiguous river segments, nominations for two or more noncontiguous segments will be accepted and considered. It is conceivable that two communities will choose to nominate noncontiguous segments of the same river. Although this is acceptable, actions proposed should not adversely affect neighboring communities or have a�negative impact on such things as cultural or natural resources, the environment, river access, water quantity or quality, agriculture, navigation, or flood plain management. After a designation is made, some communities may wish to add stretches of river as part of their designated river. The same process used by the community to seek designation should be used to augment the designated river area. The community should notify the American Heritage Rivers Interagency Committee (hereafter referred to as the 4.24 American Heritage Rivers Federal Register Notice Page 13 Committee) of this augmentation (see "Coordinated Delivery of Federal Services" below). The Committee will then make such recommendations to the President on behalf of the community. Foreign governments and their international organizations are ineligible to nominate rivers. Foreign governments and their international organizations will have no authority granted to them as a result of an American Heritage Rivers designation. Nominations are welcomed from community-led efforts that are well underway, as well as from new efforts that are not yet being implemented. How Will Rivers Be Selected for Designation? A panel of experts in river revitalization will review nominations and recommend rivers to the President for designation. The panel will be composed of a number of interests, such as representatives of natural, cultural and historic resources concerns; scenic, environmental and recreation interests; tourism, transportation, and economic development interests; and industries such as agriculture, hydropower, manufacturing, mining, forest management and others. The Chair of the Council on Environmental Quality shall develop procedures for selecting the members of the panel and directing its activities. In preparation for review by the panel, agency staff will score individual nominations based on community responses to items 1-4 explained in detail above and summarized. as follows: 1. Description of the proposed American Heritage River area. 2. Description of the notable resource qualities in the area. 3. Description of the community's plan of action. 4. Illustration of who supports the nomination and plan of action. Responses to items 3 and 4 constitute the primary basis for evaluating nominations and will be given equal weight in the scoring process. Items 1 and 2 will be used to put responses to items 3 and 4 in context, but will not be used to assess the merits of the nomination. From among those nominations that are considered to be 4.25 American Heritage Rivers Federal Register Notice Page 14 qualified, the reviewing panel will also seek to recommend rivers for designation that represent a range and variety of kinds of rivers, including those that: • as a group and individually, represent the natural, historic, cultural, social, economic and agricultural diversity of American rivers. • showcase a variety of stream sizes and an assortment of urban, rural, and mixed settings from around the country. The Committee may recommend both relatively pristine and degraded rivers. • highlight a variety of innovative programs in such areas as historic preservation, wildlife management, fisheries restoration, recreation, community revitalization, agricultural practices, public health and drinking water source protection, and flood plain and watershed management. • includes community partnerships in an early stage of development, as well as those that are more well established. • stands to benefit from requested federal assistance. Number of Designations The President will designate ten rivers in early 1998. Additional designations in subsequent years will be guided by experience gained from the designated rivers and the level of community support for the initiative. Terms of Designation American Heritage Rivers designation is intended to enhance the partnership between a community along a designated river and the federal government. Although the term of focused, active assistance will be limited to five years, it may be impossible to achieve measurable results from a community's plan of action in that time. Federal agencies may continue to provide appropriate services as part of their ongoing activities after this time. The community, with the support of the federal government, will work together to implement the plan of action. Designation will generally be considered indefinite or until and unless termination of designation is sought. The Committee will develop a process by which any community that nominates and has its river designated may have this designation terminated at its request. Upon a determination by the Chair of the CEQ that a community has failed to implement its plan, the Chair may 4.26 American Heritage Rivers Federal Register Notice Page 15 recommend to the President that a designation be revoked. The Chair shall notify the community at least 30 days prior to making such a recommendation to the President. Based on that recommendation, the President may revoke the designation. The federal government may also find it necessary to ternunate designation because a community has failed to pursue its plan of action. The procedures for such an action will accompany the designation of American Heritage Rivers. Regardless of whether the community or the federal government has requested termination of designation, the other party shall be entitled to know the rationale for the other party's action. BENEFITS OF DESIGNATION Presidential Recognition Designated American Heritage Rivers will be selected by the President of the United States as rivers which deserve special recognition due to their distinctive qualities and community support. Coordinated Delivery of Federal Services Programs exist in numerous federal agencies to support river restoration, historic and cultural resource preservation, and community and economic revitalization, especially the agencies that have participated in the development of American Heritage Rivers. All assistance from the federal government under the auspices of the American Heritage Rivers initiative will come at the request of the community. However, once a river is designated, a preliminary team of federal agency representatives will be available to help the community determine the role for federal assistance. A River Navigator, formerly referred to as a"caseworker" in public meetings and earlier documents (see "River Navigator" below, for a full description of this position) will be made available for each community. The Committee may also assist in overcoming obstacles that arise as the many federal services are provided. Examples of the federal assistance a community might receive include: information and maps to help communities identify and evaluate historic, environmental and economic resources; capacity building, planning and community outreach assistance to ensure a well-defined action strategy and a broad base of support; training in the use of soil and 4.27 American Heritage Rivers Federal Register Notice Page 16 water quality information as a basis for decision-making and against which to measure progress; training and assistance with environmental monitoring to help communities develop a report card on river conditions and trends; research assistance to identify events and trends in local history; interpretive assistance to develop a framework for communicating the importance of the community's river heritage; technical and financial assistance to implement restoration and pollution prevention activities; and economic modeling to help communities assess benefits and costs of proposed projects. Within 90 days of designation, the community and the federal agency team should agree on a framework document to identify their proposed roles. The community and the federal team should agree upon one sponsoring federal agency to lead the coordination of federal resources. Methods for simplifying and expediting individual program services will be investigated, and, recommendations made, as appropriate, for improving the scope and substance of federal tools. The federal teams will function in partnership with each community, state, local, tribal governments, non-governmental organizations, and others, as appropriate. The Committee will oversee the federal responsibilities under the initiative. Based on the lessons learned from each designated river, the Committee will look for opportunities to reduce bureaucracy, streamline services, and overcome obstacles. Finally, federal employees providing assistance to designated American Heritage Rivers will participate in an evaluation of the successes and problems associated with the initiative and make recommendations for improving delivery and accessibility of services and programs. River Navigator The community surrounding each designated river will have the opportunity to help select a River Navigator who will assist the community in implementing its plan of action. The River Navigator will serve as a liaison between the community and the appropriate federal programs; assist the community, if requested, in engaging the assistance of state, tribal, and local governments and private sector interests; provide information services; offer technical advice; and perform other duties as the community may request, consistent with the goals of the American Heritage Rivers initiative. 4.28 American Heritage Rivers Federal Register Norice Page 17 The community, rather than the River Navigator, will be responsible for implementation of the community's plans. The River Navigator will have no authority to adjudicate and may not engage in the following: lobbying; leadership of the community partnership or any of its endeavors, or sponsoring organizations; or serve as an officer or voting member of the partnership or any sponsoring organization. In order to ensure clear communication, the federal government will request that the community identify a single person point of contact as its representative to work closely with the River Navigator. Of course, all members of the community may speak with the River Navigator and other appropriate federal officials assisting American Heritage Rivers. The framework document, drafted by the federal agencies and the community within 90 days of designation, should include a position description for the River Navigator tailored to the unique needs of the community. The federal agencies and the community should develop performance measures for the River Navigator once she or he is identified. These performance measures must reflect the role of the River Navigator as defined in this Federal Register notice. The River Navigator will be selected by the sponsoring federal agency with input from the community (see "Coordinated Delivery of Federal Services" above), and will be filled for a period no longer than five years beginning no later than 120 days after the date of designation. Because each community will have different needs, the sponsoring federal agency will identify several candidates for the River Navigator position from existing staff and provide an opportunity for the community to interview these candidates and provide input to the selection process. The River Navigator will have maximum latitude to work with the community, while also having direct access to principal staff of the sponsoring agency, including the agency representative on the Council (see "Coordinated Delivery of Federal Services" above) as well as other agencies. The River Navigator position will be fully federally funded, unless the community volunteers non-federal funds to support the position. There is no requirement that a community accept a federal employee as their River Navigator. If the community chooses not to take advantage of the benefit of having a River Navigator, the federal government will provide a point of contact on the Council to call upon as needed. 4.29 American Heritage Rivers Federal Register Norice Page 18 "Good Neighbor" Policy Regarding those sites designated as American Heritage Rivers, the federal government intends to act as a good neighbor in planning and making decisions that affect economic development, natural resources and environmental protection, and historic and cultural preservation. The assistance provided by federal agencies is intended to enhance and complement local community goals. In coordinating with state, tribal and local governments, federal agencies will strive to minimize inconsistency, and to reduce or eliminate conflicting policies and programs operating on and around designated rivers. Through early coordination and public involvement, federal agencies will be in a better position to accommodate the local community plans for designated rivers when planning proposed federal actions. � The Good Neighbor policy will add no new layers of review or approval to federal actions -- it will simply facilitate those coordination policies and review processes already in place, and encourage the consolidation and streamlining of existing review processes, where possible. Federal agencies will be encouraged to work in partnership to assist positively communities. Local federal facilities will be encouraged to provide public access, physical space, technical assistance, and other support for which they have authority and resources. Private Sector Opportunities The Administration will look for opportunities to help communities access resources from the private sector to enhance economic opportunities that will revitalize communities, improve living standards, provide incentives, create jobs and similarly achieve environmental goals. BENEFITS TO APPLICANTS WHO SUBMIT COMPLETE NOMINATION PACKAGES Communities that invest their time to complete the American Heritage Rivers nomination package have already taken important steps to revitalize their communities and improve their rivers. In recognition of these efforts, those who submit complete nomination packages will receive: • An invitation to a national or regional symposium on partnering with federal, state, tribal and local governments to share information and learn about the tools and resources available from a variety of sources, including community organizations. These symposia will also provide community members an 4.30 American Heritage Rivers Federal Register Norice Page 19 opportunity to give important feedback to federal program managers. • Relevant site-specific data and computer software, including environmental information, geological maps, community planning software and economic modeling tools. This information will be tailored to meet the community's needs as identified in their nomination. IMPROVED SERVICES AVAILABLE TO ALL COMMUNITIES All communities will benefit from improved federal services. American Heritage Rivers Services consolidates existing information from many organizations in one, easy-to-use � World Wide Web site. Those who do not have Internet access can call 1-888-40RIVER to request information. Services, tools and products related to these three primary objectives of American Heritage Rivers are referenced in the web site. Users may choose from categories such as: • Information Centers, Publications, Maps and Databases • Calendars, Discussion Groups, and Contacts • Hands On Assistance and Talent Banks • Laws and Regulations • Financial Assistance • Community Outreach Tools, Curricula, and Professional Training • Data Collection and Evaluation Techniques • Planning and Management Tools • Research and Development Each entry describes the services and provides contacts for further information, including Internet links (where possible). American Heritage Rivers Services also provides information organized geographically. Using familiar prompts, such as a river or city name, users can locate information on flood events, population change, road networks, the condition of the water resources, and the partnerships already at work in their area. They can construct customized maps and download them, use economic and environmental assessment models, find information on relevant educational programs, link their own information, or enter a dialogue with others. CLARIFICATIONS 4.31 American Heritage Rivers Federal Register Norice Page 20 What is the Role of the Federal Agencies? The role of the federal agencies in this initiative is to listen to community concerns and needs; to work with communities engaged in conservation and development activities; to overcome obstacles in the delivery of federal services to identified local priorities; and to play a coordination role in helping communities and government agencies learn from each other and compile the best practices, standards, and models for emulation throughout the country. The greater coordination of federal agencies involved in the American Heritage Rivers initiative may result in more efficient review of federal actions taken in conjunction with implementation of the community's plan of action. � While federal agencies will not endorse individual nominations for designation as an American Heritage River, they will be able to answer questions about the nomination process and continue to work with local government and nongovernmental organizations, some of which may be pursuing designation. All activities proposed under the American Heritage Rivers initiative must comply with and be consistent with any applicable federal, state, tribal and local laws, be voluntary, and be helpful to local governments: There is nothing in the American Heritage Rivers initiative that will alter any obligation of the federal government to comply with NEPA or any other statutory or regulatory requirements. Nothing herein shall create or alter any rights, duties, obligations, causes of action or defenses, implied or otherwise, of any person or entity. American Heritage Rivers is a commitment by the federal government to try to provide those programs and resources, identified by the community and paid for by taxpayers, in the most efficient and effective manner possible. Protection for Private Property and Other Rights The Administration is committed to ensuring that private property, water, and other rights are fully respected and protected under the American Heritage Rivers initiative. • The American Heritage Rivers initiative will work in coordination with laws and regulations that seek to reduce pollution, improve water quality, protect drinking water, manage floodplains, promote economic development, facilitate interstate commerce, promote agriculture, protect wetlands and endangered 4.32 American Heritage Rivers Federal Register Notice Page 21 species, preserve important historic and archaeological sites, and address other concerns. • The American Heritage _Rivers _initiative will not � -- - ' conflict with matters of state and local government _ _ _ - _. _ _._ - - _�urisdiction, such as water rights, land use planning _ -- -.. -�.-�- and water uality_standards, nor will it change _ - - " interstate water compacts, Indian tribal treaty rights, �____ _ _--- ---- flood damage reduction, or other existing rights. By_ _ achieving greater coordination between programs and _. � local nee�Ainerican Heritage Rivers will wor�C to -----__._- - - - _ _.__ _ build mu ual understanding and better solutions to existing and future problems. It will provide a forum in which federal_.officials, community_ organizations, __ and other stakeholders_can examine how the ran e of __ �reg a ns are implemented locally. • Employees of the federal government, including the � River Navigator, may not as a result of the American Heritage Rivers initiative infringe on the existing authority of local governments to plan or control land use, or provide or transfer authority over such land use; nor may the initiative affect any existing limitations on or create any new authorities for the participation of federal employees, including River Navigators, in local zoning or land management decisions involving private property. • The initiative will not supersede, abrogate, or otherwise impair the authority of each state to allocate quantities of water within its jurisdiction; and any proposal relating to water rights in a community's plan must comport with all applicable laws and interstate compacts. Nothing in this initiative is meant to preclude any holder of a state water right from exercising that right in a manner consistent with state law. • In implementing the American Heritage Rivers initiative, federal departments and agencies shall act with due regard for the protections of private property provided by the Fifth Amendment to the United States Constitution. What is the Role of State, Tribal, and Local Governments? State, tribal, and local governments play critical roles in the American Heritage Rivers initiative. The initiative is designed to complement the work already taking place at the state, tribal and local levels. Local agencies in particular bring a unique and valuable perspective. The American Heritage Rivers initiative can serve as a catalyst to bring these stakeholders together, including neighboring localities and states that share rivers. 4.33 American Heritage Rivers Federal Register Notice Page 22 Through partnerships, the American Heritage Rivers initiative will bring federal, state, tribal and local resources together to improve the ten designated rivers and provide more efficient services to communities. The greater efficiency achieved through greater coordination of federal services will translate into easier access to federal services by state, tribal, and local governments. Projects identified through the nomination process for American Heritage Rivers will undergo appropriate state and local review processes. The identification of projects in the nomination process should not circumvent local, regional, and/or state planning forums, especially those involving public review process. Indeed, as appropriate, such processes should complement public outreach efforts and can serve as public forums on proposed projects to be- undertaken as part of designation as an American Heritage River. Designation should not impact existing timetables for projects already identified by the community. In many cases, designation could accelerate completion of common objectives. Many of the federal agencies already have close working relationships with state, tribal, and local governments. These relationships will continue. The River Navigator may request that state, tribal, and local governments participate in the teams that will be assembled to work with each community to implement its plan of action. Evidence of state, tribal, and local government support will be a key element in selecting American Heritage Rivers. It is likely that state, tribal, and local governments will submit nominations on behalf of communities who wish to participate. APPENDICES • Appendix 1- Nomination Form • Appendix 2- Summa� of Comments Received and How they Were Used " ' "� Email o�g estions URL: http:/hvww.epa.gov/rivcrs/fedreg2.html Revised September 11,1997 4.34 CITY OF FRIDLEY PROJECT SUMMARY DESCRIPTION OF REQUEST: Frank Masserano III is requesting a variance to reduce the setback of a commercial building from a residential district from 30 feet to 15 feet. If approved, the petitioner will build a 3,022 s.f. office building. Mr. Masserano's building will house the Internatio�al Ministerial Fellowship in a building designed with residential character. The City Council approved the first reading of an ordinance rezoning the property from R-1, Single Family and C-3, General Shopping Center to CR-1, General Office. STATED HARDSHIP: See attached statement dated September 26, 1997. SUMMARY OF ISSUES Section 205.16.03.D.(4) of the Fridley Zoning Code requires a minimum setback of 30 feet from an adjacent residential district of. Public purpose served by this requirement is fo provide adequate open space around commercial structures for aesthefic and development reasons and to allow for planting buffers and screening to protect fhe residential neighborhood. The property is located in the southwest quadrant of East Moore Lake Drive and 63`� Avenue N.E. and consists of .54 acres. This land is currently undeveloped. The petitioner's desire to relocate the restrooms in the building creates the need for the variance. A similar variance was granted in the C-2, General Business District from 50 feet to 11 feet (6501 East River Road). The petitioner has agreed to provide additional landscaping for the adjacent dwelling and will construct an eight foot high privacy fence befinreen the uses. STAFF RECOMMENDATION TO THE APPEALS COMMISSION: Staff had no recommendation for the Appeals Commission as the request is within previously granted variances. APPEALS COMMISSION ACTION: The Appeals Commission voted unanimously to recommend approval of the request to the City Council. CITY COUNCIL RECOMMENDATION: 5.01 Staff recommends that the City Council concur with the Appeals Commission's action. Project Summary VAR #97-18, Frank Masserano Page 2 Petition For: Location of Property: Legal Description of Property: Size: Topography: Existing Vegetation: PROJECT DETAILS A variance to reduce the setback of a commercial building from an adjacent residential district from 30 feet to 15 feet Southwest quadrant of the intersection of East Moore Lake Drive and 63`� Avenue N.E. Lot 1, Block 2, Moore Lake Highlands 3rd Addition, together with Outlot A, Shorewood Plaza, reserving easement of record .54 acres Flat Trees and urban lawn Existing C-3, General Shopping Center, R-1, Single Family Residential Zoning/Platting: (First reading to CR-1, General Business occurred on 10/13/97.) Availability of Municipal Utilities: Vehicular Access: Pedestrian Access: Engineering Issues: Comprehensive Planning Issues: Public Hearing Comments: East Moore Lake Drive East Moore Lake Drive N/A Drainage To be taken 5.02 Project Summary VAR #97-18, Frank Masserano Page 3 WEST: S UTH: EAST: N RTH: Site Planning Issues: REQUEST ADJACENT SITES: Zoning:R-1, Single Family Res. Land Use: Single Family Zoning:C-3, Gen. Shopping Ctr. Land Use: Moore Lake Ctr. Zoning:C-3 , Gen. Shopping Ctr. Land Use: Moore Lake Ctr. Zoning: R-1, Residential Land Use: Residential Frank Masserano III is requesting a variance to reduce the setback of a commercial building from a residential district from 30 feet to 15 feet. If approved, the petitioner will build a 3,022 square foot office building. Mr. Masserano's building will house the International Ministerial Fellowship in a building designed with residential character. The City Council approved the first reading of an ordinance rezoning the property from R-1, Single Family and C-3, General Shopping Center to CR-1, General Office. SITE DESCRIPTION/HISTORY The subject parcel is located in the southwest corner of the intersection of 63'" Avenue and East Moore Lake Drive and has been vacant since the incorporation of the City. ANALYSIS: Code Section Section 205.16;.03.D.(4) of the Fridley Zoning Code requires a minimum setback of 30 feet from an adjacent residential district of. Public purpose served by this requirement is to provide adequate open space around commercial structures for aesthetic and development reasons and to allow for planting buffers and screening to protect the residential neighborhood. The purpose of the variance request is to allow construction of a 14'x26' bathroom module on the southwest corner of the proposed 2,640 square foot office building. The petitioner has stated that this will create more office space within the building. 5.03 Project Summary VAR #97-18, Frank Masserano Page 4 The purpose of the variance request is to allow construction of a 14'x26' bathroom module on the southwest corner of the proposed 2,640 square foot office building. The petitioner has stated that this will create more office space within the building. The petitioner has proposed a landscape plan which includes a privacy fence which will enclose the side/rear yard of the subject property, effectively screening the addition. The variance, however, is a result of the petitioner's choice, not as a result of the land or the code requirement. The City has, however, granted a similar variance in the C-2, General Business District, which has a more restrictive setback. The previous variance granted was to reduce the setback from a residential property from 50 feet to 11 feet (6501 East River Road). STAFF RECOMMENDATION TO THE APPEALS COMMISSION: Staff had no recommendation for the Appeals Commission as the request is within previously granted variances. APPEALS COMMISSION ACTION: The Appeals Commission voted unanimously to recommend approval of the request to the City Council. CITY COUNCIL RECOMMENDATION: Staff recommends that the City Council concur with the Appeals Commission's action 5.04 Attachment 1- Variance Compliance for Commercial/Industrial September 26, 1997 The owner, St. Anthony Village Shopping Centers, Elliot Saliterman, petitioner, Frank C. Masserano, III (Chet). Because the lot is located on a corner with industrial and commercial zoning on three sides, home owners are reluctant to build a residence on the lot. Because the lot size (including the extra piece) is so small, it is difficult to justify the expense of developing the properry commercially. With parking requirements and offsets, it only allows for a 2,640 square foot building. The tenants' current office utilizes 1,800 square feet of office space. The new building�would only provide, without the variance, 640 additional square feet. We respectfully request a variance that would a11ow an additional 382 square feet for a total of 3,022 square feet. With the variance, we would still provide the normal offsets required of residences (15 feet) between the office building and the adjacent residence lot line. This variance request is only for a portion of the length of the back of the building (26 feet) and with a privacy fence, would not be noticeable from either street. 5.05 MK� � ��cs et. �� .. �� , �- . � .� _ �� - , -_ `J� � ` \ � ``. • 1 � I�N.� � � �%;• . i ��,�) . �-l� , - - � r 4 �� • � . �� :. � � / � � I ��r � / , � �� / ' �, �1 �� i� � �� - � i��' ��_ ti� �!'`� � �_ , � . /�/ -� �� .� ��: � `/ ,�'� �, I/' , .�, •'��, ' `, �� '� � /a • . A!;_ � ' . � j�' +. �1� ` - � ��/ �,� ,�► �'�� ; . / .� . �v �;� . ,� ;, ; �� I 81?E PLAN _ (� • w 5.06 � t+ �- �� ;�� [� ° ° ��``j ��e� � � _��i �� _ ,� z � �� 5.07 �� s�� : a. .; ., , .; � � . � �� : ...� -,� N E��i � � ��! � CITY OF FRIDLEY APPEALS COMMISSION MEETING, OCTOBER 22, 1997 ROLL CALL: Chairperson Kuechle called the October 22, 1997, Appeals Co ssion meeting to order at 7:30 p.m. �- �. ROLL CALL: ,�>�`" �.f` Members Present: Larry Kuechle, Carol Be�,a�tieu, Terrie Mau - Members Absent: Ken Vos � � ��. Others Present: Michele McP�ierson, Planning Assistant Frank (�het) Masserano, 10405 32nd Avenue North, Plymouth Frank�'� Carol Masserano, 1550 Camelot Lane M T by s. Beaulieu, seconded by Ms. Mau, to approve the October 8, 1997, Appeals mmission minutes as written. UP A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED T MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING• CONSIDERATION OF VARIANCE REQUEST VAR #97-18 BY FRANK MASSERANO (INTERNATIONAL MINISTERIAL FELLOWSHIP): Per Section 205.16.03.d.(4) of the Fridley Zoning Code, to reduce the setback from an adjacent residential district property from 30 feet to 15 feet to allow the construction of an office building on Lot 1, Block 2, Moore Lake Highlands 3rd, together with Outlot A, Shorewood Plaza, vacant property generally located at 63rd Avenue and East Moore Lake Drive. M TI N by Ms. Mau, seconded by Ms. Beaulieu, to waive the reading of the public hearing notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:33 P.M. Ms. McPherson stated the petitioner is requesting a variance to reduce the setback of a commercial building from a residential district from 30 feet to 15 feet. If approved, the petitioner is proposing to construct a 3,022 square foot residentially-designed office building., 5.08 APPEALS COMMISSION MEETING, OCTOBER 22 1997 PAGE 2 Ms. McPherson stated the property is located at the intersection of 63rd Avenue and East Moore Lake Drive. The property has been vacant since the City was incorporated. The property was recently rezoned by the City Council from R-1, Single Family, and C-3, General Shopping Center, to CR-1, General Office. The parcel is composed of a typical size single family lot and a"sliver" of commercial property which was replatted as a part of the larger Moore Lake Commons shopping center development. Ms. McPherson stated the purpose of the request is to allow the petitioner an opportunity to relocate the bathrooms inside the building from the interior of the building into a 14 foot by 26 foot module on the west side of the building. When the petitioner originally applied for the rezoning request, he submitted a proposal which did not require.any variances. After looking at the use and space inside the building, the petitioner has chosen to apply for a variance for this 14 foot x 26 foot bathroom addition along the west side of the structure. The area of the variance that is being requested has been proposed by the petitioner to be landscaped and completely fenced from the residential property to the west. An 8 foot, board-on-board cedar fence is being proposed by the petitioner which will be along the west property line to a point roughly even with the front line of the house to the west and come across towards the proposed office building. The proposed encroachment would be screened from the adjacent property. Ms. McPherson stated the petitioner supplied staff with photographs showing the existing vegetation which will remain between the dwelling to the west and the proposed office building. Another photograph shows a gap in the existing landscaping which is proposed to be landscaped by the petitioner. Ms. McPherson stated that as the request is within previously granted approvals, staff has no recommendation for the Appeals Commission. Ms. Beaulieu asked if the building could be built without removing any of the existing vegetation. Ms. McPherson stated the majority of the vegetation is actually on the adjacent property to the west. Where the gap is located, the petitioner is working with the homeowner to plant vegetation to assist in screening the fence. Mr. Kuechle asked if there had been any response from the adjacent property owner. Ms. McPherson stated staff has not received any calls. The petitioner has been very diligent in working with the neighborhood and addressing any concerns they may have regarding this proposal. Mr. Frank (Chet) Masserano stated he is the developer and his father, Frank Masserano, is the business manager of the property. 5.09 APPEALS COMMISSION MEETING OCTOBER 22 1997 PAGE 3 Mr. Chet Masserano stated he disliked calling it a"bathroom module". It is a part of the building. The fence will run the entire distance and will come back to the building. If you are standing on 63"� Avenue, all you will see is the fence. You will not be able to see behind there. The section of the variance they are looking for is approximately 26 feet wide, so it is not the entire length of the building for which they are asking a variance. It is just that section. They have talked with the neighbors. They have told the neighbor next door that they are willing to jog the fence if she wants to keep the vegetation on her side. Mr. Frank Masserano stated that when they originally laid the building out, they thought they had about 4,000 square feet. It is a small lot. When they took all the setbacks and the ratio for parking spaces, etc., they had to make the building smaller: The shopping center is across the street. When they began to plot it out, it was very tight. They are not asking to expand the whole back, just a portion to make the building workable for them. Mr. Chet Masserano stated they are going to lease the building long term. That will help to justify the cost of the building. Although it is small, it will support the company's growth for the next 10 years. Mr. Frank Masserano stated they went to the neighbors. They have worked with the community. They have residents only on one side to the north. The pump station is to the east. There is a shopping center with a Subway behind them and a shopping center across the street. They had originally designed the building to have a driveway on 63ro Avenue, but a neighbor with small children had concerns about cars coming into the street so they went back and put the driveway on East Moore Lake Drive. The people have been very kind, and they have tried to be cooperative with their concems. Mr. Kuechle asked if the 8-foot fence is part of the submitted plan for the building permit and if there is a need for a stipulation? Ms. McPherson stated the fence is a part of the plan. There were several stipulations as part of the rezoning which included a stipulation regarding the fence. MOTION by Ms. Beaulieu, seconded by Ms. Mau, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:43 P.M. Ms. Beaulieu stated that after looking at the area and all the commercial property that is around it, she thought this was a good use of this property. It seems that the petitioner has gone out of his way to try to please the neighbors. She did not see that it is a detriment to the environment to go into the side yard setback. She can see that, because of what they want and the size of the lot, there is a hardship involved. She would be inclined to vote in favor of the request. s. io APPEALS COMMISSION MEETING, OCTOBER 22, 1997 PAGE 4 Mr. Kuechle concurred. The building as designed is residential in character and provides a fairly good transition from the residential area to the commercial area across the street. While he is not familiar with what will be going on there, he felt the traffic load would be reasonably light. Ms. Mau agreed. She thought the petitioner had made every effort to work with the neighbors. It makes a lot of sense. M I N by Ms. Beaulieu, seconded by Ms. Mau, to recommend approval of Variance Request, VAR #97-18, by Frank Masserano (Intemational Ministerial Fellowship), to reduce the setback from an adjacent residential district property from 30 feet to 15 feet to allow the construction of an office building on Lot 1, Block 2, Moore Lake Highlands 3rd, together with Outlot A, Shorewood Plaza, vacant property generally located at 63rd Avenue and East Moore Lake Drive. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. McPherson stated this request would be considered by the City Council on November 10. _ �� Ms. McPherson provided an update on Planning Com�ion and City Council actions. ADJOURNMENT: TI N by Ms. Mau, seconded by Ms. aulieu, to adjoum the meeting. UPON A VOICE VOTE, ALL VO G AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AN HE OCTOBER 22, 1997, APPEALS COMMISSION MEETING ADJOURNED 7:45 P.M. Re�ectfully su Lavonn C er "� Record' Secretary 5.11 � �� 0 r�1 - one Farriy urits � F�2 - rw� Farriy units 0 1�3 - Ga�eral M16ple Urils � R a - neoa�e t-�r„a �ar� � p�p - Ramed uit oeveloprr�ent � s, - M� � r,��to�+,00d 0 S2 - FaedevelaP��rt �is4id Da, -�a,�� G2 -�� -� �� GR1- Ger�al Office o�., -�� 0 AMZ - � �r�d�ial � Ab3 - autdoor Intensive Heauy Ind. �� -� � P - Rblic Farilities Q V1IATER Q PoGFf�-0FWAY VAR 97-18, 63r+d AvenudEast Nbore Lake Drive A reque.st by International Ninisterial Fell�uship to reduoe the setback of an offioe building from a residential district from 30 feet to 15 feet. 5.12 �� I: v Compi�ed and draw� from afficial rec«ds based on Orcir�anoe N�. 70 and zonirgN�p effective date 1@T/56 Eogett�er witht aN arcre�rg arin- anoes adonGed ar�d effectiv�e as af ?J1 t197. 1t1E aly aF Fridey FraS teken e�y efFart bo pro- �m� �r � ��a, ��. n�,e c�s`y��o� r- ��nc�ey i,� ��e r�" ll�Of�9Be11 efTOfS Of US�E Of �S (�DGlt'1Eflt. ~ Ji� r � �,. • 1 ''1 � �.� -y:. ��4. • 1 . 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N ► \ . • : ' �. : .. � � , , � ,'�► \,. � ` : . � . ...�:�,�� 4 ' � � t � ' \ 'tt • � � �� .� � � �,�, t ''. � , • �. . � _ , i+tY +•_.` - ` , ' . { � � ., y �.� Y 1� � � � � � . �X +`.1.. .. �f -..y � IJ�/�.-►� } _� .' s , . .. _ •,�• _ , ,'�''i, . �'� � =ds,-r�:,�" _ � ' : ... . ; � .�S,�y,C �;,,- , . - `�- � , � „� 3; •,,,�`, ,' ��, s� �'.' • - ' ' C� � y • ti�,�_ .� ��1. .� �� tO - . �Z . . - ; t� .y �' \ • � �' ` . �' _ . �x.... �+ ' � . �� . . `i,"t`�,�. - '+ -�,.,!' -,.. . �� "` �,.�. � �- � � . - * � x �.,,` , � . �' �':� � �� „` � er' r .� ` � ' , � L�'�� . ,�._.� � �, �� ' �, •'1 v . , � � .r- ��`_ � .• • •, } ry�` ..' , ,' , � M �• . .� . . �' �,� �o'��'` ,i_ ' � `� .`w. ` CITY OF FRIDLEY M E M O R A N D U M �� TO: WILLIAM W. BURNS, CITY MANAGER /� FRpM; RICH�.RD D. PRIBYL, FINANCE DIRECTOR WILLIAM A. CHAMPA, CITY CLERK SUBJECT: MINNESOTA LAWEVL G�LING PREMISE PERMIT RENEWAL APPLICATION FOR VFW POST 363 FRIDLEY DATE: NOVEI�ER 6, 1997 Attached is a resolution approving the renewal application for a Minnesota Lawful Gambling Premise Permit for VFW Post 363. Gambling will be conducted at the VFW, 1040 Osborne Road. Minnesota State Statutes requires the adoption of a resolution approving this type of gambling permit. Staff has found no reason to deny this renewal application. s.o1 RESOLUTION NO. - 1997 RESOLUTION IN SUPPORT OF AN APPLICATION FOR A MINNE30TA LAWFUL G�,MBLING PREMI3E3 PERMIT TO FRIDLEY VEW POST 363 WHEREAS, the City of Fridley has been served with a copy of a Renewal Application for a Minnesota Lawful Gambling Premises Permit for Fridley VFW Post 363; and WHEREAS, the location of the Premise Permit is for Fridley VFW Post 363, 1040 Osborne Road; and WHEREAS, the City of Fridley has not found any reason to restrict the location for the charitable gambling operation. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley approves the Minnesota Lawful Gambling Premise Permit to Fridley VFW Post 363. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1997. C ��M�i��f� WILLIAM A. CHAMPA - CITY CLERK s.o2 NANCY J. JORGENSON - MAYOR City of Fridley TO: William W. Burns, City Manager�� FROM: John G. Flora, Public Works Director � DATE: November 6, 1997 SUBJECT: ST 1998 - 1 Preliminary Report I�ii.�l'1/�► :�1 In accordance with the policy for resolutions supporting assessment projects, the attached resolution receiving the preliminary report for the Street Improvement Project No. ST. 1998 - 1 Hackmann Avenue is submitted for Council's receipt. Recommend the Council adopt the attached resolution receiving the preliminary report for Project No. ST. 1998 - 1. JGF:CZ Attachment 7.01 R$SOLUTION NO. - 1997 RFsSOLIITION R$CSIVING THL PR}3LIMINARY R13PORT ON THL MATTBR OF CONSTRIICTION OF C$RTAIN IMPROVEMENTS: STREET IMPROVEM$NT PROJ$CT NO. ST. 1998 - 1 WHEREAS, Resolution No. -1997 adopted on the 27th day of October, 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 this Council meet on the lOth day of November, 1997, at 7:30 p.m. at the Fridley Municipal Center Council Chambers at 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 lOTH DAY OF NOVEMBER, 1997. NANCY J. JORGENSON - MAYOR ATTESTED: WILLIAM A. CHAMPA - CITY CLERK 7.OL CITY OF FRIDL$Y ($%HIBIT A) �TOTIC}3 OF Hi3ARING ON IMPROV�NTS STRi3ET IMPRO\iEMENT PROJECT NO . ST . 19 9 8 - 1 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 Street improvements, including grading, stabilized base, hot-mix bituminous mat, concrete curb and gutter, sidewalks, storm sewer system, water and sanitary sewer, and other facilities located as follows : STREET IMPROVEMENT PROJECT NO. ST. 1998 - 1 All of the land abutting upon said streets 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 7.03 City of Fridley UM TO: William W. Burns, City Manager ��r . FROM: Jon H. Hauka�as, Assistant Public Works Director John G. Flora, Public Works Director � DATE: November 10,' 1997 PW97-302 SUBJECT: Change Order No. 2 to I-694/TH 47 NE Ramp Reconstruction Project No. ST. 1997-3 Mn/DOT has added a number of minor work orders to the above ramp reconstruction project. These included signage for the daily ramp closures, an additional hand-hole for connection of light pole wiring, and relocation of a light base. These items are all approved and will be paid for by Mn/DOT. The net cost of the Change Order No. 2 is an additional $4,237.50. Recommend the City Council approve Change Order No. 2 to I-694/'TH 47 NE Ramp Reconshuction Proj ect No. ST. 1997-3 to Forest Lake Contracting in the amount of $4,237.50. J�-II-i/JGF:cz Attachment 8.01 CITY OF FRIDLEY ENGINEERING DEPARTMENT 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MN 55432 November 10, 1997 Forest Lake Contracting Inc. 14777 Lake Drive Forest Lake, MN 55025 SUBJECT: Change Order No. 2, I-694/TH 47 NE Ramp Reconstruction, Project No. ST. 1997 - 3 Gentlemen: You are hereby ordered, authorized, and instructed to modify your contract for the I-694/TH 47 NE Ramp Reconstruction Project No. ST. 1997 - 3 by adding the following work: Addition• Item QuantitX Price Amount 1. Daily NE Ramp Closure 1 Lump Sum 605.00 605.00 2. PVC Hand Hole with Light Duty Cover 1 Each 632.50 632.50 3. Remove E�cisting Light Base and 1 Lump Sum 3,000.00 3,000.00 Construct New Base TOTAL ADDITIONS . . . . . . . . . . . . . . . . $4,237.50 TOTAT GHANGE ORDFRS• Original Contract Amount . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $453,496.01 Contract Additions - Change Order No. 1 ................................... $3,546.40 No. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4,237.50 �EVISED CONTRAGT �LMOUNT �461,279.9 8.�2 Forest Lake Contracting Inc. Change Order No. 2 November 10, 1997 Page 2 Submitt and appro y John G. Flora, Public Works Director, on the 13th day of October, 1997. ed by Checked by . � � n G. Flora, P.E. Director of Public Works Approved and accepted this 5'`"day o/�m�� , 1997 by FOREST LAKE CONTRACTING, INC. � r �Z� �1►4.�1 S�a�,� � Se�rQ�w•y Approved and accepted this day of , 1997 by CITY OF FRIDLEY Nancy J. Jorgenson, Mayor William W. Burns, City Manager Approved and accepted this 3 day of �Ye►•�b� , 1997 by Metro B�s�eu_A_�G;ctan �tatP � d Engineer P��e,<,-�' 8.03 � � CffY OF FRIDLEY TO: FROM: DATE: MEMORANDUM The Honorable Mayor and City Council William W. Burns, City Manager�l�' November 7, 1997 SUBJECT: Minnesota Investment Fund Grant Application William W. Burns Czty Manager I have been working with representatives of the Onan Corporation and the Minnesota Department of Trade and Economic Development on a grant application for funding under the Minnesota Investment Fund. The grant would be in the form of a forgiven loan in the amount of $360,000. Forgiveness will be based on fulfillment of Onan's commitment to move 144 salaried and hourly positions to Fridley from Huntsville, Alabama, at an average hourly rate of $15 per hour. As Onan ends the manufacture of small gasoline engines in Huntsville, they believe that it is cost effective to move the manufacture of small generator sets; or "gensets," to their Fridley plant. The move would allow them to close the Huntsville plant and to use currently unused space at the Fridley site. The justification for State funding is the creation of jobs in Minnesota that just as easily could have gone to San Louis Potosoi, Mexico; Charleston, South Carolina; or Elkhart, Indiana. In order to submit the application on Onan's behalf, we need to approve a resolution in which the City agrees to be their sponsor. Although there is no money to be paid to Fridley, we are also required to have Council approve a second resolution that establishes a plan for spending any loan money that is returned to the City of Fridley. Both resolutions will be considered on November 24, 1997. WWB:rsc 9.01 PUBLIC HEARING BEFORE THE FRIDLEY CITY COUNCIL NOTICE IS HEREBY GIVEN that there will be a public hearing of the Fridley City Council at the Fridley Municipal Center, 6431 University Avenue N.E., on Monday, November 24, 1997, at 7:30 p.m. for the purpose of: _ Consideration of a resolution establishing that the City of Fridley will act as a legal sponsor of a grant application to the State of Minnesota under the Minnesota Investment Fund for a project being completed by the Onan Corporation. The project as well as the funding program will be explained. Comments and questions will be welcome. For further information, call William W. Burns, Fridley City Manager, at 572-3500. Hearing impaired or non-English speaking persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than November 19, 1997. NANCY J. JORGENSON MAYOR Publish: November 13, 1997 (Fridley Focus) 9.02 RESOLtJTION NO. - 1997 RESOLIITION OF THB CITY OF FRIDLSY, MINNE;SOTA, ADTHORIZING APPLICATION BY THE CITY FOR A GRANT ON BFHALF OF ONAN CORPORATION BE IT RESOLVED that the City of Fridley, Minnesota, act as the legal sponsor for the project contained in the Business and Community Development Application to be submitted on , and that William W. Burns, City Manager, is hereby authorized to apply to the Department of Trade and Economic Development for funding of this project on behalf of Onan Corporation. BE IT FURTHER RESOLVED that the City of Fridley, Minnesota, has the legal authority to apply for financial assistance. BE IT FURTHER RESOLVED that Onan Corporation has not incurred any costs, has not entered into any written agreements to purchase property. BE IT FURTHER RESOLVED that Onan Corporation has not violated any federal, state, or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice. BE IT FURTHER RESOLVED that upon approval of its application by the state, the City of Fridley, Minnesota, may enter into an agreement with the State of Minnesota for the above-referenced project, and that the City of Fridley, Minnesota, certifies that it will comply with all applicable laws and regulations as stated in all contract agreements and described on the Compliances Section (FP-20) of the Business and Community Development Application. AS RPPLICABLE, BE IT FURTHER RESOLVED that the City of Fridley, Minnesota, has obtained credit reports and credit information from Onan Corporation and its officers. Upon review by the City of Fridley, Minnesota, and Frederic W. Knaak, City Attorney, no adverse findings or concerns regarding, but not limited to, tax liens, judgments, court actions, and filings with state, federal and other regulatory agencies were identified. Failure to disclose any such adverse information could result in revocation or other legal action. NOW, THEREFORE, BE IT RESOLVED that William W. Burns, City Manager, is hereby authorized to execute such agreements as are necessary to implement the project on behalf of the applicant. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF NOVEMBER, 1997. NANCY J. JORGENSON - MAYOR ATTEST: 9.03 WILLIAM A. CHAMPA - CITY CLERK � � CfiY OF FRIDLEY GAS SERVICES Dickey's 17174 Verdin St NW Andover MN 55304 Plymouth Plumbing Inc 6909 Winnetka Ave N Brooklyn Park MN 55428 Ward Heating & AC Inc 2830 235 Ave NW St Francis MN 55303 LICENSES NOVEMBER 10, 1997 Kent Johnston Don Ward GENERAL CONTRACTOR-COMMERCIAL Proform Thermal Systems 7805 Beech Street NE Fridley MN 55432 Douglas Petty GENERAL CONTRACTOR-RESIDENTIAL Anderson Scott J Construction (20062802) 299 17 Ave NW New Brighton MN 55112 Scott Anderson Gold Key Construction (20080388) 7915 Corcoran Trl W Hamel MN 55340 MCR Roofing (20063096) 829 20 Ave NE Minneapolis MN 55418 Olympic Construction Co Inc (2138) 2105 Long Lake Rd New Brighton MN 551 1 2-51 65 Renewal By Andersen (20040630) 350 73 Ave NE #8 Fridley MN 55432 Charles Morris Mary Cornell Lennie Benson Jeff Solsvig 11.01 RONJULKOWSKI Building Official Same Same RONJULKOWSKI Building Official STATE OF MINN Same Same Same Same Ricks Roofing & Siding Inc (3566) 183 Cleveland Ave SE New Brighton MN 55112 HEATING Dickey's 17174 Verdin St NW Andover MN 55304 Plymouth Plumbing Inc 6909 Winnetka Ave N Brooklyn Park MN 55428 Ward Heating & AC Inc 2830 235 Ave NW St Francis MN 55303 PLUMBING Plymouth Plumbing Inc 6909 Winnetka Ave N Brooklyn Park MN 55428 St Paul Plumbing & Heating 640 Grand Ave St Paul MN 55105 Sowada & Barna Plumbing 27061 Potomac St Stacy MN 55079 ROOFING Four Seasons Builders & Remodelers 1410 Quant Ave N Marine on St Croix MN 55047 SIGN ERECTOR Jones Sign Company 711 Hinkle Dr Green Bay WI 54303 Rick Longnecker Kent Johnston Don Ward Kent Johnston Sean Butler John Sowada Darrell Schaapveld Lisa Jones 11.02 Same RON JULKOWSKI Building Official Same Same STATE OF MINN Same Same RON JULKOWSKI Building Official RON JULKOWSKI Building Official � ESTIMATES � NOVEMBEB 10,1997 CffY OF FRIDLEY S.M. Hentges & Sons, Inc. 650 Quaker Avenue P.O. Box 69 Jordan, MN 55352 Removal and Replacement of Miscellaneous Concrete Curb, Gutter and Sidewaik Project No. 305 FINAL ESTIMATE: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9,820.50 M.C. Magney Construction, Inc. 19245 Highway 7 Excelsior, MN 55331 Wellhouse No. 1 and Water Booster Station Project No. 298 Estimate No. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $37,862.25 Hardrives, Inc. 14475 Quiram Drive Rogers, MN 55374 Central Avenue Bikeway/Walkway . Project No. ST. 1994 - 9 Estimate No. 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ �8,706.09 Diversified Paving 8019 - 146th Avenue N.W. Ramsey, MN 55303 1997 Driveway Paving Project No. 307 Estimate No. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $16,587.48 Frederic W. Knaak, Esq. Holstad and Larson, P.L.C. 3535 Vadnais Center Drive St. Paul, MN 55110 Services Rendered as City Attorney for the Month of October, 1997 : . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,250.00 12.01 CITY OF FRIDLEY PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION 6431 University Avenue N.E. Fridley, Minnesota 55432 November 10, 1997 Honorable Mayor and City Council City of Fridley c/o William W. Burns, City Manager 6431 University Avenue N.E. Fridley, MN 55432 Council Members: [;FRTIFICATE OF THE ENGINEER We hereby submit the Final Estimate for Removal & Replacement of Miscellaneous Concrete Curb & Gutter and Sidewalk Project No. 305, for S. M. Hentges& Sons, Inc, 650 Quaker Ave, Jordan, MN 55352. We have viewed the work under contract for theconstruction of Removal and Replacement of Miscellaneous Concrete Curb & Gutter and Sidewalk Project No. 305 and find that the same is substantially complete in accordance with the contract documents. I recommend that final payment be made upon acceptance of thework by your Honorable Body and that the one year contractual maintenance bond commence on November 12, 1997. Respectfully submitted, `. / � � � , ,�� L . � ohn G. Flora Director of Public Works JT:cz Prepared b� Checked by 12.02 November 10, 1997 City of Fridley REMOVAL & REPLACEMENT OF NIISCELLANEOUS CONCRETE QJRB & GUTTER AND SIDEWALK PROJECT NO. 305 .. L . � *- � _ � This is to certify that S. M. Hentges & Sons, Inc. has abided by the Prevailing Wage Provisio�s as specified by the Minnesota Department of Labor and Industry for Anoka County. I declare under the penalties of perjury that this statement is just and correct. S. M. Helat�es & Sons, Inc. Steve 12.03 November 10, 1997 City of Fridley REMOVAL & REPLACEMENT OF NIISCELLANEOUS CONCR.ETE (TJRB & GUTTER AND SIDEWALK PROJECT NO. 305 • � �► �: �. � - --- --- This is to certify that items of the work shown in the statement of work certif'ied herein have been actually furnished and done for the above-mentioned projects in accordanca�vith the plans and specif'ications heretofore approved. The final contract cost is$44,619.00 and the final payment of $9,820.50 for the improvement project would cover in full, the contractor's claims against the City for all labor, materials and other work down by the contractor under this project. I declare under the penalties of perjury that this statement is just and correct. S. M. H�nt�s & Sq�s, Inc. Steve Hef��ges; 12.04 November 10, 1997 Public Works Director City of Fridley MISCELLANEOUS CONCRETE CUR.B & GUTTER AND SIDEWALK PROJECT NO. 305 REPORT ON FINAL INSPECTION We, the undersigned, have inspected the above-mentioned project and find that the work required by the contract is substantially complete in conformity with the plans and speci�cations of the project. All deficiencies have been corrected by the contractor. Also, the work for which the City feels the contractor should receive a reduced price has been agreed upon by the contractor. So, therefore, we recommend to you th t the City approve the attached FINAL ESTIMATE fi� the contractor and the one-ye intena ce bond, starting from the day of the final inspectim that being c-�.:� aa� ►�9� � , 12.05 CITY OF FRIDIEY PUBIiC WORKS DEPARTMENT 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MINNESOTA 55432 FROM: City of Fridley Engineering Division Estimate No. 4 (FINAU Period Ending: October 31, 1997 T0: Honorable Mayor and City Council For: S. M. Hentges & Sons, Inc. City of Fridley 650 Quaker Ave 6431 Unive�sity Ave, NE Jordan, MN 55352 Fridley, MN 55432 Dated: November 10, 1997 REMOVAL & REPLACEMENT OF MISCELLANEOUS CONCRETE CURB & GUTTER AND SIDEWALK PROJECT NO. 305 STATEMENT OF WORK :._.:� .:.......: :.:..:.:.:.:.:..::..:::::..::..::.:::..::.....::....:.:.::::: ..................:.:.: :.:.:.:.:.:.:.::::::::::::::::::::::::. ::::::�::::::::::::::::::;:: ::::::::::: ::: ::: :::::::::::�:::::_:�::::: :�::: �• ��• � •�•� �::: ::::::::: �:: Q a...... .. : ::::Arqout�� ::: :::::::::...�.. t. . : :.....:.. ..:..:.:...:............... .:.. :......:.:.:.:...:..._......... :::::.} :::::.:.: ....:...:::::. :�� ial:::::::::::: :::::::7at ::...:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::�::::::::::: �::::::::�::::::�::::::::::::::::::::::::::::::.::::::: �:� :::::::: ::::::: ��: :TF�`s':`�� :::::: ::::::::::::��::::::��::':`:;:........... . . . ............ :. . . .:. . . . . . :.::..:.:.:.:.:.:.:.:.:. .:.:.:.:.:.....:.....:.:.:�:.::�...::�.:.:.: :.:......�...:.:::.:.:.:.:.: :..�.�.....:.:.:.:. .:.:...: ::::::::'E�is ::::::: :::::::...........!. ... . . . . . . . . . . ................. .. . . . . . ............ . . . . . . . : .. . . : :.. : ........:.......::::.....:::. .:::..::..::....:..:.:::.:..::: :... .... . ... . . ::: ::::::::::::::::::: ::::::::�rut::::::: . . . . . . . . . . . . . ........ . . . . . . . . . . . . . .......... . . . . . . . . ........ ��;�r�ated.:: � :.:.::::::........ ..:.:.:...:.....:.:.:.... .....:.:.:.:::::.:.:.:.:. ............:.:.:.�.:.:.:.:.:.:.:.: :....... . .....:. ........ :.......... ...:.-.:.:.: :.:.:.: ..: :• . :•i�::::: :::::::�'�'� �''::::::::: :; :� :.: � .. .......::: ::::::::. . . .. :.... . ,.:�:.:: �:.:�:.:. �. . .y� {� ::;;;;.::::� :::::::::::::::::::::::::::::::.::::::::::::::::::::::.:::.:.:.::::::�:�:::::: :::::�.�.:::::::::� �::.:::. :::. .. ..�.�... ...:.:.. :.:.:�:.. � ::::::: :::::::::� . ,i' WI�:':':;:;: ...... :::::::::::::::[:::::::::::� .�� ::�i�. .:.:::::::::::::::::�:::::;:::::: :::::c�art�i# ::::: :::::i�r�:s:: ::;:::::f�ii�Ce::::::: :::�stsr�f�:.: :.:.:.:.��Enai�.:...... ........'�'�dta. ....... ... . . . . .�p. . :.:.:.: ................ t;0�traC�.. . ��n. . . . . . . . Remove and replace concrete curb and gutter 2,500 LF 12.00 0.00 0.00 689.00 8,268.00 Remove and replace concrete curb and gutter (same as item No. 1 but less than 0.00 0.00 85 LF) 150 LF 12.00 Construct 5 ft wide, 4 in. thick sidewalk 2,000 SF 3.00 1,73 5,205.00 11,189.00 33,567.00 Install 36 in. x 6 in. concrete valley gutter spillways 125 LF 9.00 0.00 0.00 6 in. concrete slab at recycling center 94 SY 32.00 87.00 2,784.00 87.00 2,784.00 s� aRc� n� suBTVTA� TOTAL 12.06 544,619.00 S. M. Hentges & Sons, Inc. Estimate No. 4 (FINAL) SUMMARY: Original Contract Amount Contract additions: Contract deductions: Revised contract amount Value Completed To Date Amount Retained (0%) Less Amount Paid Previously AMOUNT DUE THIS ESTIMATE S41,933.00 41,933.00 44, 619.00 0.00 34, 798. 50 59,820.50 CERTIFICATE OF THE CONTRACTOR I hereby certif hat e work performed and the materials supplied to date under the terms of the contract for this proj , an all aut rized changes thereto, have an actual value under the contract of the amounts shown on is e mate nd the final quantities on the final estimate are correctl, and that this estimate is just and cQr t an o pa of the "Amount Due This Estimate" has been received. Representative (Title) CERTIFICATE OF THE ENGINEER I hereby certify that I have prepared or examined this estimate, and that the contractor is entitled to payment of this estimate under the contract for reference project. CITY OF FRIDLEY, INSPECTOR By V � � � Checked By cr-- 12.07 Date � � � ( � Respectfully Submitted, T� hn . Flora P.E. Public Works Director Page 2 S. M. Hentges & Sons, Inc. Estimate No. 4 (FINAL) Page 3 ESTIMATE WORKSHEET FOR: MISCEL. CONCRETE CURB GUTTER & SIDEWALK, PROJECT No. 305 CITY OF FRIDLEY, ENGINEERING DEPAR.TMENT For: S. M. Hentges & Sons, Inc. 6431 UNIVEftSI'I'Y AVENUE N.E. 650 Quaker Ave FRIDLEY, MN. 55432 Jordan, MN 55352 DATE: November 10, 1997 Contract Item Street Water Sewer Recycling Escrow Parks Fire * Totai � #181 #408 #438 #596 FT � FT> $ FT, $ FT, $ FT� $ FT, $ $ $ $ � 1. Remove and Replace Concr Curb & Gutter Quantity this Estimate 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Amount this Estimate 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total Quantity 380.00 80.00 50.00 0.00 34.00 0.00 145.00 689.00 Total 4,560.00 960.00 600.00 0.00 408.00 0.00 1,740.00 8,268.00 2. Remove and Replace Concr Curb & Gutter (Same as 1 less than 85 lineal feet) Quantity this Estimate 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Amount this Estimate 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total Quantity 0.00 0.00 0.00 0.00 0.00 0.00 0.00 G.00 Total 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3. Construct 5 ft wide (4" thick) Sidewalk Quantity this Estimate 800.00 0.00 0.00 0.00 0.00 1,735.00 0.00 2,535.00 Amount this Estimate 2,400.00 0.00 0.00 0.00 0.00 5,205.00 0.00 7,60:"s.00 Totai Quantity 1,200.00 0.00 1,244.00 0.00 0.00 6,386.00 2,359.00 11,189.00 Total 3,600.00 0.00 3,732.00 0.00 0.00 19,158.00 7,077.00 33,567.00 4. Install 36 x 6 in. concrete valley gutter spillways Quantity this Estimate 0.00 0.00 0.00 0.00 0.00 0.00 0.00 O.OQ Amount this Estimate 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total Quantity 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total 0.00 0.00 0.00 0.00 0.00 0.00 0.00 U.UQ 5. 6" concrete slab at recyclin center Quantity this Estimate 0.00 0.00 0.00 62.00 0.00 25.00 0.00 87.�0 Amount this Estimate � 0.00 0.00 0.00 1,984.00 0.00 800.00 0.00 2,784. Total Quantity 0.00' 0.00 0.00 62.00 0.00 25.00 0.00 8 i Total 0.00 0.00 0.00 1,984.00 0.00 800.00 0.00 2,784 QO ::::. :. ::::...�:.: . :::::::.�::: :::._:::....:,.:.....:��:.;> ::�»::::;...,......: :....> :::»:::..:.: ......,..._; ,;;.:.:.,,-:....,.;;....:. :::::::::.:..:.:..:..: :.: .:::::._: :..:..::.:....::.:.:...:::. ::....::.: :...:,.:.:: .::. :::..::. .::.: :.......:.:. i'f3'�`i�::>< <:::<::::<:::>:::<:>:<>z:::>::>::::»?>::::>:z:»:::::»::>::> :::>::::[:>: :�: . . l��>�::: <::::;<:::: gs�> :: >:<.::. :> :::::::; ;; : . ::: :::::»:::;>. . : :: . : :> ::»»»> . : :: . : : �:; :::::::::> : . ..: :::.:.::.:. : : :: . . . . . :..:.::.:.:::. :::.::::::,:::.:::::::::::..:::.:.��........._........�.......�a..::.�:��€�o.: .::::�i.�s��o.: .::..<:.:�o�,�o;:.;:.:;.:;:.:��s.��<o�.;:.::.;:.;:��sz�:o�::::>::>::»��>s��.� THE FOLLOWING AMOUNTS ARE TO BE CHARGED TO EACH ACCOUNT FOR THIS ESTIMATE: Street (101-06-68-435-4340-63 1,831.50 Escrow (501-00-00-415-4340) Water (601-73-00-415-4340) 0.00 HRA (236-37•00-415-4340) Sewer (602•78-00•415-4340) 0.00 Fire (408•00-00-415-4530-4006) Park (408-00-07-415-4530-409 6,005.00 Recycling 1,984.00 TOTAL ' HRA should have indicated Fire and there was also correction made in quantity for item 3 for Fire l2.�� 0.00 0.00 0.00 $9,820.5U , . • On October 6th I purchased a 15 kW stand-by generator. My intent was and still is to hardwire it into my homes electrical system to provide emergency power for the operation of my furnace, smoke detectors, � carbon monoxide detectors, and burglar alarm. In addition, to prevent food spoilage, pipes freezing and to maintain my home in a safe and comfortable manner until electrical power would be restored by NSP. `�: Before writing the check I made several calls to the inspections ' department trying to determine what regulations and ordinances I might ' need to be aware of affecting installation of this unit. �. ..,.: _ _ At that time I spoke to Ron Julkowski, who told me no regulations were � in place governing the use of standby power. But he referred me to Bob Clausen and Kurt Jensen Schnider. M` Mr. Clausen, at the time of m� first call told me the unit should be ' sited close to my electric meter and stated that since no existing � ordinances were in place, my installation would be ��grandfathered in" ;' should generators be regulated in the future. r �, I then called Mr. Jensen Schnider, who offered to stop by and at that f• time mentioned an ordinance restricting air conditioners to the back yard to limit noise. � In any case, air conditioners run in Minnesota three months or more per 2 year, whereas stand-by generators only run during power outages. While admittedly louder than some air conditioners the potential to - save lives and property is much greater. My immediate neighbors and local Fire/Emergency personnel would have access to four outlets on the �� outside of the unit to run an extension cord to their furnace, handicap 1-=-'.' stair lift, or equipment as needed. �,.;. I propose to install this generator in the alcove behind my garage on �°��3,r the north side of my home. My neighbors' garage is adjacent to mine, 4}�.' and the meter and site are directly below my bedroom window. ; .,, �'�,�::� Mr. Jensen Schnider declined to interpret how existing city ordinances 1�; ?. apply in this instance and referred me to Mr. Scott Hickok. . Mr. Hickok told me once again there are no ordinances for standby power but because of noise concerns he was "inclined to say no". He listened � to my objections i.e.: � Denies me safe housing and security at the very times it would � be most needed (for example winter storm outages). Page 1 • The fact that thousands of these units are already in place across the country in homes where oxygen tents, iron lungs and 24 hour monitoring equipment provides life support 11/11/97 � - Mr. Hickok then stated he would like me to find other homes with a similar installation for him to observe before makinq up his mind. I then contacted my former employer D.W. Onan Corporation and met ' personally with Tom Bauer, the Aftermarket Development Manager and George Black, another Senior Executive. They were very concerned to hear that the city of Fridley would consider a ban on standby power, their principle product line. The also wondered why I was doing Mr. Hickoks' job for him and referred me to Mr. Jerry Boggs, a Retail Sales Manager at Cummins North Central, their local distributor for a list of local installations. By this time I was wondering why I was doing Mr. Hickoks' job also, so when I spoke to Mr. Boggs I asked if he would provide such a list to Mr. Hickok if he were to call. He indicated he would, also saying that he had never known any municipality to regulate standby power for residential use. I then left a brief inessage for Mr. Hickok with Mr. Boqgs' phone number, but Mr. Hickok never called him. Melanie Newman, an attorney for the State Attorney Generals Office offered me her opinion that municipal code and zoning restrictions are written to be adhered to, or variances granted, not interpreted by reading between the lines. � Following my two conversations with Mr. Bob Barnette, at his suggestion I called Mr. Hickok again, this time to arrange for him to observe my generator when I had it running. He wasn't in, I left a message, but again Mr. Hickok didn't call. On Friday October 31, 1997, I left a letter for Mr. Hickok at City Hall. I requested a written response including the specific ordinances that he was "inclined to say" applied to this situation. Once again I have been callously ignored. I have now engaged the services of Michael Sokol, an attorney who specializes in litigation (both for and against) various levels of government Please take the time to contact him and the other people I have mentioned before spending my tax money and the taxes of the good people . of Fridley to defend in court a position you can't seem to produce, let alone substantiate. � Thank You, Paul Larsen 6460 Squire Drive Fridley, Mn 55432 571-7956 Page 2 i l/11/97 Contacts � � Tom Bauer, Aftermarket Development Manaqer, Onan Corp. 574-5944 Georqe Black, Senior Executive, Onan Corporation 574-5000 Jerry Boggs, Cummins North Central 633-1420 Melanie Neuman, State Attorney General Office 296-6196 John Shultz, Supervisor, State Electrical Board 642-0800 Steve Glynn, Owner, Glynn's Northeast Electric 789-4800 Rich (?), Minnesota Energy Resource Center 296-5175 Hans Larsen, Chief of Engineerinq Technical Services Ret., Minnesota State Board of Health. Author of the State Uniform Building Code 571-5520 Dan Hauck, Inspector for the City of Blaine 777-7885 e Michael B. Sokol, Attorney, Sokol Law Firm 333-8333 Bob Barnette, Councilman at Large, City of Fridley 0 Page 3 11/11/97 ' , , _ � Mr. Scott Hickok � City of Fridley 6431 University Ave. Fridley, MN 55432 October 31, 1997 Dear Mr. Hickok The power outages last week in San Francisco, Nebraska, Kansas, and Colorado underscore the need for standby power. Vice President Al Gore spoke recently urging Americans to prepare for rather than simply responding to civil emergencies. Please inform me of your department's position pertaining to standby generators. By mail, siting any relevant city . ordinances. , I have engaged Glynn's N.E. Electric as my contractor. We are ready to proceed with your approval. Sincerely Paul Larsen 6460 5quire Drive Fridley, MN 55432 � . City of Fridley MEMO TO: William W. Burns, City Manager�/�� FROM: John G. Flora, Public Works Director DATE: November 5, 1997 SUBJECT: Rice Creek Bank Stabilization Project No. 309 PW97-285 At the public hearing on November 10, 1997 regarding the Rice Creek Bank stabilization project, request the Council receive the attached three petitions for inclusion in the hearing minutes. The petitions indicate a supportive response of 19 of 23 residents for a 83% approval. JGF:cz Attachment 13.01 RICE CREEK BANK STABILIZATION PETITION SEPTEMBER 199� We, the residents on Rice Creek, request the City ofFridley to proceed with the propusal to stabil:zing the banks of the creek. We understand that the Rice Creek Watershed District will fund 50% and the City 25%,�ri�h the remaining 25% spread on a linear foot basis to the benefited properties. We also under:.�tand that the individual prop�rty owners may pay their share upon completion of the project_nr request the City to assess the cost over 15 years. NAME PT1V APPROX ADDRESS LENGTH � 1412-0001 80 490 69TH AVE i ' 1421-0002 I10 580 69TH AVE / J , 1421-0010 100 490 RICE CREEK BLVD �. 1421-0009 6U � 500 RICE CREEK BLVD � 1421-0008 lU0 � 520 RICE CREEK BLVD ,� �� 1- �-0007 Q� �"'' 70 530 RICE CREEK BLVD ' , �� 1421-0006 110 540 RICE CREEK BLVD �`' � � 1421-0005 104 550 RICE CREEK BLVD �'' 1421-0004 80 560 RICE CREEK BLVD �1 1421-0003 100 570 RICE CREEK BL:VD 1421-0056 110 497 RICE CREEK TER3tAGE �f� �' �.,� 1421-0055 110 513 RICE CREEK'TERRACE �- ..' � 14-21-0054 20 525 RICE CREEK TERRACE 1421-0051 6� 561 RICE CREEK TERRACE 14-12-0071 130 565 RICE CREEK T'ERRACE ,�:..y � 421-0062 750 567 RICE CREEK TII2RACE 1412-0068 140 573 RICE CREEK TERRACE r---- I412-0067 40 577 RICE CREEK TERRAC'.E 1�-1 Z-0066 100 581 RICE CREEK T'ERRACE � � 1412-0065 80 585 RICE CREEK TERRACE �� 1412-0064 130 589 RICE (,'REEK TERRACE 14-12-0063 100 � 93 RICE CR.�EK TERRACE 1412-0062 100 601 RICE CREEK TERR.ACE Total Len h 2,900 13.02 C:\wp�crrelcs�ricerrkW00_600. tbl RICE CREEK BAIYK STABILIZATION PETITION SEPTEMBER 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 � request the City to assess the cost over 1� years. N�LE PI�Y APPRO� ADDRESS LENGTH � � 14-12-0001 80 490 69TH AVE � :,i` � 4� �� , � 1421-0002 110 580 69TH AVE 1� J 14-21-0010 . 100 490 RICE CREEK BLVD —. --- �'� /� 14-21-0009 60 500 RICE CREEK BLYD v � 1421-0008 ' 100 520 RICE CREEK BLVD 14-21-0007 70 530 RICE CREEK BLVD 14-21-0006 110 540 RICE CREEK BLVD 1421-0005 104 550 RICE CREEK BLVD 14-21-0004 80 560 RICE CREEK BLVD 1421-0003 100 570 RICE CREEK BLVD 1421-0056 110 497 RICE CREEK T�RRACE �' ��.� 1421-0055 110 513 RICE CREEK T'ERRACE �,. 1421-0054 20 525 RICE CREEK TERRACE / 1421-0051 60 561 RICE CREEK T'ERRACE 14I2-0071 130 565 RICE CREEK T'ERRACE ,�,a:«.- � 42I-0062 750 567 RICE CREEK TIItRACE -�� 1412-0068 140 573 RICE CREEK T'ERRACE ��"`��35 14-12-0067 40 577 RICE CREEKTERRACE l l G � � 14-12-0066 100 581 RICE CREEK T'ERRACE ,,� ��, 1412-Q065 80 585 RICE CREEK TERRACE " 14-12-0064 130 S 89 RICE CREEK 'I'ERRACE '/� `�" 1412-0063 100 � 93 RICE CREEK TERRACE � � ' _ 1412-0062 100 601 RICE CREEK T'ERRACE Total Lea 2900 13.03 c:�.��.��.�+�uoo_boo.c�i � RICE CREEK BANK STA.BILIZATI0IY PETITION SEPTEMBER 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 complerion of the project � request the City to assess the cost over 15 years. N�vtE PIN APPROX :�DDRESS LENGTH =� � 14-12-0041 SO 490 69TH �VE -,�" � � �J , 14-21-0002 110 580 69TH AVE � J,� 14-21-0010 100 490 RICE CREEK BLVD ��: ;, y 14-21-0009 60 S00 RICE CREEK BLVD � . 14-21-0008 � 100 520 RICE CREEK BLVD 1421-0007 70 530 RICE CREEK BLVD 14-21-0006 110 540 RICE CREEK BLVD 14-21-0005 104 550 RICE CREEK BLVD 14-21-0004 80 560 RICE CREEK BLVD 14-21-0003 100 570 RICE CREEK BLVD 1421-0056 110 497 RICE CREEK TERR�CE � � -�-� 1421-0055 110 513 RICE CREEK TERRACE 14-21-0054 20 525 RICE CREEK TERRACE f _,, ,,z.�_,,,, 14-21-0051 60 561 RICE CREEK TERRACE 14-12-0071 130 565 RICE CREEK TER.RACE ,�►.n:.�� ,�, 421-0062 750 567 RICE CREEK TERRACE 14-12-0068 140 573 RICE CREEK TERRACE 14-12-0067 40 577 RICE CREEK TERRACE 1412-0066 100 581 RICE CREEK T'ERRACE , .�-2� � 1412-0065 80 �85 RICE CR.EEK TERRACE ��" ; � � 14-12-0064 130 589 RICE CREEK T'ERRACE `—�" 1412-0063 100 � 93 RICE CREEK TERRACE � 14-12-0062 100 601 RICE CREEK TERRACE Total Len 2,900 C:\wp�creeks�rice i:rk`,-t00_600. cbl i3.o4 � I � ' ; �`_ ! _ '--- . -----_ _ ' ; - � �-- '�- - l- � -- - ��--1- - -1- -1---'---L- - '---L- `�' � U , -- �_ _-- - - - � � , ------- ------ - -- ---- ___-------- -- ' � �� _ ___� �-_ __ J —_ -, —r---_� �___- �-�-�� '_ � � � O ' I -i--- — I � o ' L L ; ! � •:, �, i � I � i � � Z �^ ; --- -� � r---- , I i I L L � ,I I �j y i j I � � I � �; p� � I I�--' ` � O � _. M U N �� - L � � � . r,,, �� _ � � �� i � � i � -. � � � _ _ tf') M M ' � � _ � � L1J � m� � � _ � � ,�� °.O - _ � ~ ��'�' � � - � � � U � � N , M ;� �� VJ o � ° _ � � V I ° _ � � — I o = m r., - �� i � � � � � ° i?S � � � i � _ . r � . ��- • • ' • ,-� � .. \ `� 1 / � .� � 2 � c ca 00 � a� � cn c a� a� � � � N U � Y � C w m� O O � � � 0 � � c� N ti � � 0 � � � 0 � c 0 � � a� c�a c 0 U TO: FROM: DATE: SUBJECT: M City of Fridley RAND William W. Burns, City Manager��p John G. F1ora�Public Works Director November 5, 1997 Hackmann Avenue Improvement Project No. ST. 1998 - 1 PW97-286 At the public hearing on November 10, 1997 regarding the Hackmann Avenue Improvement project ST. 1998 - 1, request the Council receive the attached five petitions for inclusion in the hearing minutes. The petitions indicate a supportive response of 27 of 59 residents for a 46% approval. JGF:cz Attachment 14.01 y �. l`� STREET INIPROVEMENT PETITION (HACKMAN AVE & HACKMAi�T CIRCLE) We the residents on Hackman Avenue and Hackman Circle request the City Council improve our street with new asphalt surfacing and concrete curb and gutter. We understand that we will be assessed for the concrete curb and gutter at a cost not-to-exceed $12.00 per front foot. We also understand that this street improvement will be completed in conjunction with a water line replacement project. RESIDENT SIGNATURE OWNER / RESIDENT 5858 HACKMANN AVE FRIDLEY MN 55432 OWNER / RESIDENT 5861 HACKMANN AVE FRIDLEY NIN 55432 � OWNER / RESIDENT 5866 HACKMANN AVE � FRIDLEY MN 55432 OWNER / RESIDENT 5869 HACKMANN AVE , C�/' . FRIDLEY MN 55432 OWNER / RESIDENT ` 5874 HACKMANN AVE �= FRIDLEY MN 55432 OWNER / RESIDENT . 5882 HACKMANN AVE . � ,�/ FRIDLEY MN 55432 � -�f� ` ` (- ' " OWNER / RESIDENT 1 � ' 5889 HACKMANN AVE �'" FRIDLEY MN 55432 OWNER / RESIDENT 5890 HACKMANN AVE � FRIDLEY MN 55432 OWNER / RESIDENT ; "' 5898 HACKMANN AVE ' , '` � ' FRIDLEY MN 55432 ��`"`" � �� CL L�/ / `i OWNER / RESIDENT 5899 HACKMANN AVE _ FRIDLEY MN 55432 � OWNER / RESIDENT 5906 HACKMANN AVE ' �., � � ' ; .• FRIDLEY MN 55432 ' � . (� �� ' �i�, � OWNER / RESIDENT � 5909 HACKMANN AVE FRIDLEY MN 55432 14.02 �1 �, � 1 � STREET IMPROVEMENT PETITION (HACKMAN AVE & Fi�CKMAN CIRCLE) 1� We the residents on Hackman Avenue and Haclanan Circle request the City Council improve our street with new asphalt surfacing and concrete curb and gutter. We understand that we will be assessed for the concrete curb and gutter at a cost not-to-exceed $12.00 per front foot. We also understand that this street improvement will be completed in conjunction with a water line replacement project. RESIDENT OWNER / RESIDENT 960 HACKMANN CIR FRIDLEY MN 55432 OWNER / RESIDENT 970 HACK:MANN CIR FRIDLEY MN 55432 OWNER / RESIDENT 980 HACKMANN CIR FRIDLEY MN 55432 OWNER / RESIDENT 990 HACKMANN CIR FRIDLEY MN 55432 OWNER / RESIDENT 1000 HACK:MANN CIR FRIDLEY MN 55432 OWNER / RESIDENT 1001 HACK:MANN CIR FRIDLEY NIN 55432 OWNER. / RESIDENT 1008 HACKMAN CIR FRIDLEY MN 55432 OWNER / RESIDENT 1011 HACKMANN CIR FRIDLEY MN 55432 OWNER / RESIDENT 1016 HACK:MANN CIR FRIDLEY MN 55432 OWNER / RESIDENT 1021 HACKNIANN CIR FRIDLEY MN 55432 '� OWNER / RESIDENT 1024 HACKMANN CIR FRIDLEY MN 55432 OWNER / RESIDENT 1031 HACKMANN CIR FRIDLEY MN 55432 ,.. ' '� � � �_��r,��,'V (� -� SIGNATURE �r d-�G� ��'`��/ i _ � �.,�l.t�L '�S��GL' �lj�',j'/�/`'��/` � '��'✓;'.%�,%i��"��✓. � � . � i� � � 1 �-, . , . `� �' .�%► � -,/` �.. � � ��_ �' _ _� /�� -<.�- �� . /�i�,�ot / � �. • 14.0 �i',�.�� /�' �, ��% � ' � �� C � � ,i� .X V� i � :� `v STREET IMPROVEMENT PETITION (HACKMAN AVE & HACKMAN CIRCLE) We the residents on Haclanan Avenue and Hackman Circle request the City Council improve our street with new asphalt surfacing and concrete curb and gutter. We understand that we will be assessed for the concrete curb and gutter at a cost not-to-exceed $12.00 per front foot. We also understand that this street improvement will be completed in conjunction with a water line replacement project. RESIDENT SIGNATURE OWNER / RESIDENT 1040 HACKMANN CIR FRIDLEY MN 55432 OWNER / RESIDENT � , ` �; + 1041 HACK;MANN CIR � < < _ ��d.�' IU�C�'.;,�•�'�✓ FRIDLEY MN 55432 OWNER / RESIDENT 1048 HACKMANN CIR � FRIDLEY MN 55432 ` Q.��;� �, � r OWNER / RESIDENT , 1056 HACK;MANN CIR " FRIDLEY MN 55432 `'l� �� vZ-�� OWNER / RESIDENT � o� �� yy�� - /%� /J �.�.� FRIDLEY NIN 55432 � � OWNER / RESIDENT 1072 HACKMANN CIR j,f �-�%L/ ^�. ��' ,/�-�= J FRIDLEY MN 55432 `� �' OWNER / RESIDENT 1080 HACKMANN CIR � FRIDLEY MN 55432 OWNER / RESIDENT 1088 HACKMANN CIR • `�`.` � � —�— FRIDLEY MN 55432 � OWNER / RESIDENT " 1096 HACKMANN CIR • FRIDLEY MN 55432 OWNER / RESIDENT 1104 HACKMANN CIR � FRIDLEY MN 55432 OWNER / RESIDENT 5770 HACKMANN AVE - FRIDLEY MN 55432 OWNER / RESIDENf � 5778 HACKMANN AVE FRIDLEY MN 55432 14.04 ? � ,J STREET IMPROVEMENT PETITION (HACKMAN AVE & HACKMAN CIRCLE) We the residents on Haclanan Avenue and Haclanan Circle request the City Council improve our street with new asphalt surfacing and concrete curb and gutter. We understand that we will be assessed for the concrete curb and gutter at a cost not-to-exceed $12.00 per front foot. We also understand that this street improvement will be completed in conjunction with a water line replacement project. • RESIDENT SIGNATURE OWNER / RESIDENT 5794 HACKMANN AVE FRIDLEY MN 55432 OWNER / RESIDENT 5802 HACKMANN AVE ' FRIDLEY MN 55432 OWNER / RESIDENT 5810 HACK:MANN AVE . FRIDLEY MN 55432 OWNER / RESIDENT 5811 HACKMANN AVE FRIDLEY NIN 55432 OWNER / RESIDENT 5818 HACKMANN AVE FRIDLEY MN 55432 OWNER / RESIDENT �'��C��C� C� "-- � ,,t�— 5821 HACK:MANN AVE � � FRIDLEY MN 55432 OWNER / RESIDENT ��`'""" 5829 HACKMANN AVE � FRIDLEY MN 55432 OWNER / RESIDENT 5834 HACKI�IANN AVE FRIDLEY NIN 55432 OWNER / RESIDENT ` rto•MRS M � t2v +•v.�2i 5837 HACKMANN AVE ��L FRIDLEY MN 55432 OWNER / RESIDENT , 5842 HACKMANN AVE ' �^ i , � � � ,�; . �_ FRIDLEY MN 55432 ��/� �- � `~y'" i� OWNER / RESIDENT /,, 5845 HACKMANN AVE /��/� •(; �� n U FRIDLEY MN 55432 OWNER / RESIDENT 5850 HACKMANN AVE FRIDLEY MN 55432 14.05 � �� k STREET IMPROVEMENT PETITION (HACKMAN AVE & HACKMAN CIRCLE) We the residents on Hackman Avenue and Hackman Circle request the City Council improve our street with new asphalt surfacing and concrete curb and gutter. We understand that we will be assessed for the concrete curb and gutter at a cost not-to-exceed $12.00 per front foot. We also understand that this street improvement will be completed in conjunction with a water line replacement project. RESIDENT OWNER / RESIDENT 5917 HACKMANN AVE FRIDLEY MN 55432 OWNER / RESIDENT 5922 HACK:MANN AVE FRIDLEY MN 55432 OWNER / RESIDENT 5925 HACK:MANN AVE FRIDLEY NIN 55432 OWNER / RESIDENT 5930 HACKMANN AVE FRIDLEY MN 55432 OWNER / RESIDENT 5933 HACK:MANN AVE FRIDLEY MN 55432 OWNER / RESIDENT 5945 HACK:MANN AVE FRIDLEY MN 55432 0 OWNER / RESIDENT 5946 HACR:MANN AVE ' FRIDLEY MN 55432 •� , ��r�� c 5 -v�� S� � ' �C�'-��I �� r SIGNATURE �� -� - �Z- �--''� J � � � � �� /��,�. �� r!;� < � �� j�� , ' � � - i� C C-�� %I Z 5 �� ; � i - - -- - --_— � �, � J��(;. 'l=! o c k Tr� � n� .�i �,'� /'„ � � � � ; � ---�`�T:f c l �'� , �� ; - ��^. _ �` �� . .. � � - ..._ . --, • '~ S � � - - ------ — -- ��-- :..� � _ i, � �`� '"'� _ �� C\: �\,�,� � � �L � �� J �� `J � i4.os ,. , � '�C� .;J J� �� c�!rr� - -- - -- ----_ 5 � MEMORANDUM PLANNING DIVISION DATE: November 4, 1997 � TO: William W. Bums, City Manager �� FROM: Barbara Dacy, Community Development Director Scott J. Hickok, Planning Coordinator SUBJECT: Dommer Development Proposal for Ralph Skinner property, 6217 Central Avenue As you will recall, Philip Dommer, The Philip Stephan Companies, Inc., proposed a 7 lot, single family subdivision at 6217 Central Avenue. Originally, Mr. Domme�'s plat was scheduled to appear on the City Council's October 13, 1997 agenda. Prior to the October 13, City Council hearing, Mr. Dommer requested an extension until November 10, 1997. In a phone conversation with Mr. Dommer, Monday, November 3, he requested an extension until the City Council's December 8, 1997 agenda. Staff indicated that an extension would be at the discretion of the City Council, but a written request would be required of Dommer to initiate such a request of the Council. Staff also indicated that their work on this item must be completed by the end of the day on Tuesday, November 4. Mr. Dommer's written request was received and has been attached for your review. A critical flaw in the proposed plat remains. It is staff's understanding in talking with both Mr. Dommer and Rick Brickner (on Monday, November 4, 1997) that an agreement has not been reached on Outlot B, Heather Hills West. Furthermore, Mr. Brickner indicated that Mr. Dommer stated he will "litigate" the Outlot issue, if necessary, to gain access to Heather Place. Staff's position remains the same on the outlot issue. Outlot B, Heather Hills West exists. Outlot B, Heather Hills West, separates Mr. Dommer's plat from Heather Place street and utility access. Simply stated, without Outlot B, Heather Hills West, 15.01 William W. Bums November 4, 1997 PAGE 2 � Mr. Dommer's Plat does not have legal street access for anything more than the existing single lot. At this time there are 3 options to respond to Mr. Dommer's request. These are to provide an extension and postpone a decision until December 8, approve the proposed plat with stipulations, or deny the plat due to lack of access. Mr. Dommer's plat request must be acted on by December 12, 1997, in accordance with the 60-day agency action law. RECOMMENDATION Staff recommends that the City Council concur with the Planning Commission to deny PS #97-04, due to lack of required street frontage. 15.02 �� The Philip Stephen Companies Housing • Real Estate Development • Land Use ervices 2605 Forestdale Road New Brighton, Minnesota 55112 (612) 604-0937 Honorable Mayor and Council Members November 4, 1997 City of Fridley Manager's O�ce Hand Delivered 6431 University Avenue Fridley, MN 55432 RE: Request xo Table Item until December 8, 1997 6217 Old Central -"Skinner" Parcel - PS97-04 Heather Hills North Dear Mayor and Members of the City Council: Recently meaningful discussion has taken place regarding the above referenced plat. Since key issues are still unresolved, I am requesting that the item be tabled until the first meeting in December. (Unfortunately, I will be unavailable for the next November meeting.) For your reference, progress has been made on the following: 1. There has been some concern regarding the architectural character of potential homes. While market conditions will be the best indicator of home styles chosen at build-out, the attached renderings illustrate two altemate designs which meet our size and design criteria and are readily available to builders from plan services. 2. At a minimum the corner lot will be adjusted to meet the 80' width requirement by adjusting the lot lines east 2 feet. Our plat will need no variances. It is our hope to increase the width of all lots if we are successful in completing our current discussions. The outcome of these discussions may also make the legality of Outlot B a non-issue. 3. We remain strongly opposed to any right-of-way extension of Ben Moore Drive. 4. NPigr�o�s h2ve i.^.dicat�� LL:P� �.r.°. ��V�rJ�ed ^ �,L*�}'3SL*la ta� prope��+ I confro: �� e Brickner piece(s) so they have hands-on control of the project. I have informed them that I will entertain offers and have confirmed that the �Brickners will do the same. At the right price, this option may preclude alternate action and be satisfactory to all. Thank you for your consideration of this request. With some additional time, I am hopeful that we can reach an agreeable resolution and realize a quality project. Enclosures 15.03 Best regards, o�• � � � Philip S. Dommer 'J:• y .' ,. � � ' �,: �', C%•� :.' 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Since key issues are still unresolved, on November 10, 1997 I will be requesting that the item be tabled until the first meeting in December. (I will not be available for the next November meeting.) Please be advised that the City Council will make the decision regarding tabling. You should be prepared to speak, if you desire, on November .l Oth in the event the item is not tabled. For your reference, progress has been made on the following: . 1. There has been some concern regarding the architectural character of potential homes. While market conditions will be the best indicator of home styles chosen at build-out, the attached renderings illustrate two alternate designs which meet our size and design criteria and are readily available to builders from plan services. 2. At a minimum the corner lot will be adjusted to meet the 80' width requirement by adjusting the lot lines east 2 feet. Our plat will need no variances. It is our hope to increase the width of all lots if we are successful in completing our cunent discussions. The outcome of these discussions may also make the legality of Outlot B a non-issue. 3. We remain strongly opposed to any right-of-way extension of Ben Moore Drive. 4. Some of you have indicated an interested in purchasing the property I control and the Brickner piece(s) so you can have hands-on control of the project. I will consider non- contingent written offers with 10 % eamest money on or before Thanksgiving day. I understand that the Brickners will entertain offers as well. At the right price, this option may be satisfactory to all. Please call me if you have any questions or concerns. Best regards, ��!`' !^' ��'y,,r",,"`� Enclosures Plulip S. Dommer 15.06 CITY OF FRIDLEY PROJECT SUMMARY DESCRIPTION OF REQUEST: The Philip Stephen Companies, Inc., New Brighton, requests plat approval of a seven lot plat on Auditor's Subdivision #22. 'I SUMMARY OF ISSUES: � With the exception of proposed Lot 1, all lots in the Plat meet the requirements for lot size and width. �'�,The City's Subdivision Ordinance requires that corner lots have a width 5 feet greater than non-corner I lots in the district. In this case, an 80 foot wide lot would be required. A 78.86 foot wide lot has been shown. The proposed plat has also been improperly drawn in that it shows the development property immediately adjacent to Heather Place. A four foot outlot separates the proposed lots from Heather Place access. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommend denial of plat request P.S. #97-04. CITY COUNCIL RECOMMENDATION: Staff recommends that the City Council approve plat request P.S. #97-04 with the following stipulations 1. Prior to approval of the final plat, the petitioner shall either acquire Outlot B, Heather Hills West and incorporate it into the plat, or provide legal documentation to certify that Outlot B does not exist. 2. Park fees shall be paid at the time of the building permit ($1,500.00/lot). 3. A$1,000/lot storm water fee shall be paid at the time of building permit. 4. Outlot A shall be changed to Lot 7. 5. A 30 foot road easement shall be dedicated along the north lot lines of Lots 6 and 7. 6. Prior to issuance of a building permit on Lot 7, a detailed grading and drainage plan and an erosion control plan for the driveway and house plan shall be submitted. 7. No driveway access to Centrat Avenue is permitted. 8. The developer shall place restrictive covenants on the property regarding maintenance of shared amenities. � 9. A maximum of three driveways will be permitted onto Heather Place, as proposed by the developer. 10. A demolition or moving permit shall be obtained prior to demolition or movement of the existing � home. 11. Dedication of the 50 foot western-most lot illustrated on the proposed plat for County Roadway purposes. 12. Engineering issues identified shall be rectified to satisfy the City Engineering staff prior to final plat submittal. 15.07 Project Summary P.S. #97-04, by Philip Dommer Page 2 PROJECT DETAILS Petition For: A seven lot plat on Lots 20 and 21, Auditor's Subdivision No. 22, Anoka County, Minnesota 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: 6217 Central Avenue N.E. Lots 20 and 21, Auditor's Subdivision No. 22, Anoka County, Minnesota 2.148 acres Varied, steep slopes at northeast corner of property Native woodland/urban lawn R-1, Single Family Residential/Auditor's Subdivision No. 22 In Heather Place right-of-way Heather Place (pending outcome of outlot acquisition) N/A Noted in body of report This proposal complies with the Comprehensive Plan designation for this parcel To be taken 15.08 Project Summary P.S. #97-04, by Philip Dommer Page 3 WEST: SOUTH: EAST: NORTH: Site Planning Issues: REQUEST: Zoning: C-3 Zoning: R-1 Zoning: R-1 Zoning: R-1 ADJACENT SITES Land Use: Land Use: Land Use: Land Use: Moore Lake Center Single Family Residentiai Single Family Residential Single Family Residential Philip Stephen Companies, Inc., New Brighton, requests plat approval of a seven lot plat on Auditor's Subdivision #22. If approved as platted, the developer intends to build six homes facing Heather Place and a seventh home with access from Ben More Drive. The property currently includes 2.148 acres. The property currently is described as Lots 20 and 21, Auditor's Subdivision #22. A home (6217 Central) exists on the property. The home will be removed from the site. Seven lots have been proposed for this development. The developer proposes that six lots will take access on Heather Place and Lot 7(Outlot A) will take access from Ben More Drive. Chapter 205 of the City Code requires that R-1, Single Family residential lots contain a minimum of 9,000 square feet and have a lot width of 75 feet at the required setback. According to the City's subdivision ordinance, however, corner lots require an additional five feet of width. Lot 1 falls short of the 80 foot width requirement by just over 1 foot. Lots 1- 6 of the proposed development average 11,344 square feet. Lot 7(Outlot A) is 17,988 square feet. With the exception of Lot 1, all lots meet the 75 foot minimum lot width. Chapter 205 also requires a minimum street right-of-way frontage of 25 feet. Provided the developer acquires Outlot B, Heather Hills West, all proposed lots meet the required minimum. Without acquisition of Outlot B, Heather Hills West, the six lots facing Heather Place do not have street frontage. Outlot A, Heather Hills North, has a 28 foot frontage on the Ben More right-of-way. The developer will be required to integrate Outlot B, Heather Hills West into his development, or the development will not meet the street frontage/access requirements. Comprehensive Plan The projected 1990 Land Use Plan (Comprehensive Plan) designation for this site and its surrounding area is Low Density Residential. From a street frontage perspective, there is a realistic potential of only seven single family lots. The seven lot single-family redevelopment would be consistent with the Comprehensive Plan. . 15 09 Project Summary P.S. #97-04, by Philip Dommer Page 4 SITE HISTORY: The Skinner home was built pre-1950. 1969- A permit was taken to re-roof the home. 1970- A permit was taken to remodel the garage. In 1980, Brickner Builders proposed the Heather Hills development south of this proposed plats property (a.k.a., Skinner property). At that time, G. Ralph Skinner, owner o# 6217 Central Avenue, clearly was not interested in paying for a road that would benefit him in the future development of his property. Placement of the roadway to serve Heather Hills West was debated. Initially (1980) , the City had evaluated an access to the Heather Hills West project from Ben More Drive. The City ultimately decided that with the length of the resulting cul-de-sac and varied topography in this area, an alternative access from Central would be most appropriate. On March 16, 1981, the City Council set a public hearing date of April 13, 1981. At that time, the Heather Hills West plat was approved. In July 1981, Brickner Builders petitioned for street improvements, sanitary sewer, and water. Heather Place was proposed to be installed to serve the Brickner development and to provide for future development of the Skinner property (Heather Hills North property of proposal). Much discussion occurred before the City Council regarding the timing of this road and Skinner's portion of the assessments. Mr. Skinner was not interested in the options available, including a deferred assessment. Brickner agreed to pay 100% of the assessments. Without the participation of the adjacent property owner (Skinner), Brickners would be required to pay an additional $56,110.00 for roadway and the associated improvements. On August 17, 1981, the City Council made the decision to allow Heather Place right-of-way to be installed entirely on the Brickner property. No assessments were assigned to the Skinner property; therefore, Skinner access to Heather Place could not be guaranteed. The curb of the Heather Place roadway and Skinner's property was now separated by a four foot strip of land which is owned by Brickners. Other access points for the Skinner property are encumbered by either topography or separate ownership of the property to the north of the Skinner property. In May of 1982, the final plat for Heather Place West was recorded at Anoka County. The Plat shows Outlot B which is the four foot strip of land that separates the Skinner property from Heather Place, the roadway that serves the Heather Hills West Plat. The Brickners have paid taxes on Outlot B since the plat was filed. The developer contends Outlot B does not exis1 -The�sunreyor for the developer has placed his signature on the line indicating that all elements of the plat are true and accurate. However, the four foot strip (Outlot B, Heather Hills West) is not shown. Minutes of City Council actions and the officially recorded plat document at the County Recorder's office show this not to be true. Project Summary P.S. #97-04, by Philip Dommer Page 5 The developer will be required to integrate Outlot B into this plat. Without Outlot B, Heather Hills West, the proposed plat lacks the essential frontage/access required for his proposed lots. Staff has analyzed alternative access options, however, Heather Place is the only real access option for the proposed lot configuration. Neighborhood The setting is beautiful. South of the proposed plat, single family homes have been constructed in the Heather Hills development. To the east of the property is a relatively severe slope which connects to the Ben More/Kerry Circle residential neighborhood. To the north of the Skinner properly is a series of single family homes on large lots. To the west is Central Avenue. Proximity of these lots to the Heather Place neighborhood, combined with ample lot size and natural amenities, would provide an excellent setting for an executive home development. Further, executive housing in this area would accomplish the objective of diversifying the City's housing inventory and providing executive "move-up" housing in the community. The average Heather Hills West lot value recorded in the City's 1995 assessment records is $40, 270. By comparison, the Heather Hills West lots average 11,614 square feet and those proposed by Philip Stephen Companies is 12,293. Though the lots are more regular in shape, they are very comparable in size. From a lot frontage on roadways perspective, all proposed lots will be at least 75 feet with the exception of Outlot A(Lot 7), which will have 28 feet of street frontage. The City's subdivision ordinance requires that a comer lot include an additional five feet of lot width over what is required in the district. Lot 1 falls short and will be required to be modified to a minimum dimension of 80 feet. Neighborhood/Developer Meeting On Wednesday, September 10, 1997 the Heather Place West neighborhood met to discuss the future development of the Skinner property at the corner of Central Avenue and Heather Place. The developer, Phillip Dommer, presented his proposal and explained the architectural character he hopes to create through his efforts. The other purpose of the meeting as described by the developer was to "hear the concerns of the neighborhood". The neighborhood voiced concerns about the following: lower priced homes adjacent to their property, the status of the four foot outlot, whether the developer will be staying to build or simply platting the property to sell, whether the developer will honor the covenants imposed by Brickner Builders, too many homes, too many lots, a"townhouse look", number of driveways, building materials, and the developer's minimum landscape requirements. In response to the neighbor's concerns, Phil Dommer indicated that was the purpose of the meeting. Dommer then asked what standards would be acceptable. There appeared to be a consensus and Mr. Dommer agreed to the following list of standards: A$300,000 minimum price for all six home's to be built • A single shared driveway between two units (three driveways total on Heather Place) Project Summary P.S. #97-04, by Philip Dommer Page 6 • Concrete driveways • No two homes the same • Textured "architectural shingles" • Brick, stucco, stone, and bleached shakes • Lighting in the front yard • Matching mail boxes • Landscaping plans prepared by a landscaping professional • An $8,000.00 minimum landscape budget for each unit • An entry monument at Central on the north side of Heather Lane • An 1,800 square foot main floor for each home Mr. Paul Beecroft, 6199 Heather Place, requested that City staff investigate the potential of a"NOT A THROUGH STREET" sign. Staff has investigated this issue with Assistant Public Works Director Jon Haukaas and determined that if the neighborhood petitions for a sign, the issue will be evaluated by an internal committee. If endorsed by the committee, a sign will be installed. Other Street Connection Issues As part of the new seven lot plat, adequate space for a street connection should be platted on Lot 6 and Outlot A(Lot 7) to provide for the option of a future connection to the north. Allowing for the street-to-the-north option at this time serves a number of purposes. It would provide for a future internal neighborhood link, provide an early alert to the Heather Hills North neighborhood of potential for future development (north), and new home/lot buyers would not be alarmed by a future road installation if a redevelopment plan were to occur on the properties to the north at some point in the future. The internal neighborhood street could eventually connect to Rice Creek Road if deemed appropriate with a redevelopment. Because of varied topography, it has been determined that a street connection to Ben More Drive would require a dedication of 30 feet across the north edge of Lots 6 and Outlot A. Dedication of that land, as well as the east 50 foot lot for County roadway purposes, will be required. Engineering Comments • Services to Lot 3 are on or across Lot 4 property line. • No services have been shown to Lot 6. Additional easement provisions may be required to assure sewer connections can occur. • No services have been shown to Outlot A. Additional easement provisions may be required to assure sewer connections can occur. • Proposed grading plan showing drainage west to CSAH No 35 (Central Avenue) from rear yards will be required. The proposed grading cannot affect properties to the north. No run-off shall be directed north from this plat. RECOMMENDATION: Staff recommended that the Planning Commissiori re?ommend approval of plat request P.S. #97-04, with the following stipulations: Project Summary P.S. #97-04, by Philip Dommer Page 7 1. Prior to approval of the final plat, the petitioner shall either acquire Outlot B, Heather Hills West and incorporate it into the pfat, or provide legal documentation to certify that Outlot B does not exist. 2. Park fees shall be paid at the time of the building permit ($1,500.00/lot). 3. A$1,000/lot storm water fee shall be paid at the time of building permit. 4. Outlot A shall be changed to Lot 7. 5. A 30 foot road easement shall be dedicated along the north lot lines of Lots 6 and 7. 6. Prior to issuance of a building permit on Lot 7, a detailed grading and drainage plan and an erosion control plan for the driveway and house plan shall be submitted. 7. No driveway access to Central Avenue is permitted. 8. The developer shall place restrictive covenants on the property regarding maintenance of shared amenities. 9. A maximum of three driveways will be permitted onto Heather Place, as proposed by the developer. 10. A demolition or moving permit shall be obtained prior to demolition or movement of the existing home. 11. Dedication of the 50 foot western-most lot illustrated on the proposed plat for County Roadway purposes. 12. Engineering issues identified shall be rectified to satisfy the City Engineering staff prior to final plat submittal. PLANNING COMMISSION RECOMMENDATION• The Planning Commission recommended denial of the plat due primarily to the unresolved issue of Outlot B, Heather Hills West not being included in the plat. 15.13 Scott Hickok City of Fridley 6431 University Avenue NE Fridley, NIN 55432 RE: Preliminary Plat Heather Hills North Dear Scott: COU NTY OF ANOKA Public Services Division HIGHWAY DEPARTMENT 1440 BUNKER LAKE BLVD. N.W., ANDOVER, MINNESOTA 55304 (612) 754-3520 FAX (612) 754-3532 October 16, 1997 We have reviewed the preliminary plat for Heather Hills North to be located east of CSAH No. 35 (Central Avenue) near Ben More Drive within the Gity of Fridley, and I offer the following comments: Esisting right-of-way adjacent to CSAH No. 35 should be adequate for future reconstruction purposes (50 feet of right-of-way east of CSAH No. 35 right-of-way centerline). Since all access will be made onto the city street, right-of-access along CSAH 35 is to be dedicated to Anoka County. The city and the developer shall ensure that this development will not include any landscape features that will obstruct intersection site distance along CSAH No. 35 Calculations must be submitted along with a grading and erosion control plan that delineates the drainage areas. The post-developed rate of discharge shall not exceed the pre-developed rate of discharge for the 10 Year, 24 Hour Storm utilizing the "Rationale Method" of design to determine the rate of discharge. If any �ork is io �e performed within tne county right-oi-way, a permit is required and must be obtained prior to the commencement of any construction. Contact Roger Butler, Traffic Engineering Coordinator for this department, for further information regarding the permit process. Thank you for the opportunity to comment. Feel free to contact me if you have any questions. Since '� ,� ; ,�.��,,. Jan�� '. Pemble Traffic Engineer xc: Ro�er Butler, Traffic Engineering Coordinator xc: Mike Kelly, Chief Right-of-Way Agent xc: Skip Anderson, County Surveyor 15,14 xc: 1997 City of Fridley File Affirmative Action / Equal Opportunity Employer � _ ci�r oF FRlDLEY FRIDLEY MUNICIPAL CENTER • 6�31 UNNERSITYAVE. N.E. FRIDLEY, MN 55432 •(612) 571-3450 • FAX (612) 571-1287 October 14, 1997 Phil Dommer Phillip Stephan Companies 2605 Forestdale Road New Brighton, Minnesota 55112 Dear Mr. Dommer: The City Council received your request to continue your preliminary plat item for 30 days. As a result of your request and due to the fact your plat continues to have an unresolved issue of access to Heather Place, the City Council extended the 60- Day Agency Action Deadline an additional 60 days in accordance with Mn. Stat 15.99. The City Council also continued your Plat item until November 10, 1997. The 60-Day Agency Action Deadline had to be extended to accommodate your request for a continuance. It is our hope that you are able to do what is necessary to complete the plat by providing access to street and utilities. It should be clear that in no way does this extension include a commitment on the part of the City to help you resolve your outlot/access issue, or assist in negotiations to obtain said outlot. The extension is merely an opportunity to provide time for you to resolve your access issue, rather than having the plat denied for lack of street access to the lots. It should also be clear that there is no commitment on the part of the Council regarding the disposition of your plat. The Council's commitment is to simply allow you additional time. 15. 75 Phil Dommer October 14, 1997 PAGE 2 If you have questions regarding this matter, piease contact me at 572-3599. Sincerely, CITY OF FRIDLEY S o J. Hickok � PI ning Coordinator • C-97-202 15.1s u� ... �� ff � � � � � t A1E /E u-� _ _ _ � IVII . �Y � � � i ` �, RCEQ�CiiD1E �C �� ZDfl1I%� �I�Q75: � �� - one Fan;y urits 0 fi-2 - Twu Fartiy U rts � R3 - General Mkltiple Urits 0 1�4 - Nbbile Hort�e Parks � PUD - Plaried Urrt Deuelqxr�erd � s, - M� �a�c n�e�r,00a 0 s2 - Rec�o��at Oistrid 0 G7 - Lod B�iness 0 G2 - C�ner'al &siness � as - c«,� sr,o�� GR1- General Office o �, - � ��,�►;� � �n.2 - � ir,d� - nA-3 - atdoor Utensive Haauy �nd � � - Raitroads 0 P - Public Facilides o �� wc�ir�vuaY PS 97-04, 6217 Central Avenue The petitioner, Phil Dommer, requests that a preliminary plat be approved to allow the creation of six single farnily dw�elling building S�t�$. 15.17 � �� r �. — � C.OR�17ed �1d fi"dlA�fl ir0�11 Offl(7� DeOO�dS �S�d Of1 OICjf1�10@ IVD. 7� �1d 7Af11f1g NI� E�f�CUV@ a� �m�s �wrtr„ �i �„�,ang o� anoes adoF�Eed and effecti�re as oF?J171J7. The csly d Fridey t�as � e�y dfart bo pro- vide fhe most upfi�be mFortreb«, auailable. The data pfese��bEd here w4 Sl�bjec� �o dlarx�e. The G1ly af Fridey will not be nesponsble far ��o�+�se�, erras a�e d a�s do«„�,ert. — , , \ � � M„S l,� l00 N _ - ' : � 60'OS L � \ \ \ \ � 1 \ \ \\ \ \ `, �� ! �� , . � , � � �� `\O y�X. � _�� : ., , ; �-, j as�j f i U _� f3 �� i Q „ i �� 3 J �� , � i=i `� �i �a�o i ;,;< ' I�i , o N � �= I�i; ��w i','- ! 'w � � I Z = � V�'!� W � ; �� _ � i = m, zl ig �E � � � � �I� �I � � F„[ 1 �° I � �\ o �� '2��H1d�H � 15.18 � C/1 � C� .,..i � � N � �.�� o� ��oM � �� a � � �. � � �� U� � '� o `� .Q"' a+ ° °' � � «S � '� � �c�m a� � � � Z E-� � • z Q � w �- �'^ :J V I � Q O i U � >-- F- ■ + � . �\ �, � � � � o U. � - � -. I � � —� 1 .� :` t i� ! � - '�ti , �, �. > ', • 15.19 � IZa- �� 4 �� a �s `. J W p� ��W F � F ��S Q �d � �3 2 �� j� �g �m 1 A. � :�� -� � , � �� r 9 - `�' —�-- - - o!<�`�. --� , �� 111 ' �� .. I - — - �� .� � 0 i�i ��L �• � �? �� °'�� `.. �i� - . c , . . ` �' � � ~. `�Z . - , • • �� .� - z � � _'�� .�. � . D � . . • , . . � q • I � � • _ I o �•: .. _ , Z lU � �g� ,�L � t}- • � � d • � �; ' � - ; � .. ,� - � - - - �� . � ��i�y �� , ti� i 3� � i I � a� � � 15.20 W v d � L � w I H Q W _ Q � r F- � �� 0 �03, ;� �. I J y ` � � � � � � � l ; --•- � �--. _.t i .� �, s � ,. , C F �` � - � a► � �s� t �;: ,� _ __ - _ �., G f!' I �' = �I' � �� _ „� �� ,�� .. _ � � r ,+ � � ..�. ! • --�--- I� �� •. , - 't ''� `�.. ; -- � � .. ;. ,., _�.:� � �� 1 '`y _ =i i � � �� ,� i � v �----1 �.�-i;--_ _ .-� g� orv Hb'S� �n►�l�n�d '1d2�iN�� Z �.,�� t 1 � L .��,: � ��:��''„ � � .� ' i y The Philip Stephen Companies Housing • Real Estate Development • Land Use ervices 2605 Forestdale Road New Brighton, Minnesota 55112 (612) 604-0937 August 29, 1997 Area Neighbors Heather Place at Old Central RE: Heather Hills North Estate Homes Dear Neighbor: The P:u1�p .Stephen ��u��anies, �L�. is proposir�b a r�ew sirgie f�rr:i?y subu3�1S1�23 �JII �I_�• northeast comer of Heath�r Place ar.d Old Central. My hope is to speak with each of you prior to the public hearings, however, first, I want to provide you with some information on the praject Ior your consideration: Heather Hills North is a single family subdivision targeted at upscale buyers. I-ieather Hiiis °�'orth prn��s.^.s s�:,. new Io�s which comply with the City requiremen�s. Heather Hills North will prescribe architectural standards to control the quality and site orientaticn of new homes to be built. Heather Hills North requires side-loading garages which enhance architectural appearance. Heather Hills North encourages shared driveways to minimi�e the openings onto Heather Place. If agreed by the City, this will become a covenant requirement. Heather Hills North offers the best of upscale single family living and a maintenance free lifestyle by providing an association to maintain landscaping and grounds. e;+.uc�.ed is a layau± �f ±he gr�gert-y as «�e have pro�cs��? it. ar rt,P pt?nrr_i3g �e�.*�i�s�o� hearing vn September 17, 1997 at 7:30pm, I will share some additional drawings which represent the layout and style of homes we are working towarcls. I look forward to speaking with each of you, and, welcome your call if you have nnmediate concerns or questions. My telephone number is 604-0937. Enclosure 15.22 Best regards, � �� Philip S. Dommer �I�r E-1 o a � �z a, a � � �x '� � .. � w �x E� � � �" x U � .-�i vi d .Q � a � � O ,.�.� U�p� o �n � ��z x � a a� � m C. F aa�x O�fs'W a ai ,�G °m a;i aF.�z �. � e� O W Ca � «'�O � a`O . .+ � .. U6.F � � � �`�o � �• •, o \ \i �� \ �� a �: ti " �s' ">��,,\\`�- � \ �a9 / �\�� pi n0 I \ ti0 J�� `� `at d y��:r.i� y `\ li .-. 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'+� �� _. =s�..=-- � - 'i� � .� � .. ,i�� N � �; i �� 3rN3nvsl I '3.; i� : F 'yifln3� � � _ '� !n.o^>I.ON , '� N N - �OSI � _ _ S£ 'ON HdS� 3f1N3�V l'd2LLN3�_ _ .._ . ,�: ��,.,�y�; :; 15.23 i 0 N 0 H N os GS o �� ^a � � e � �� 0 ° , m °e � e � �� = o U f 2 < o y. 0 i z� \� $� = y iNO �y � W � a�� V '� a _ s� �r �� == ; aNU�iv°� • z iw]� � s� �� _ ' w�¢� � J � N ° 0 •� N'�N ° �Z • a _ : f' �� Y_ W = j�r ¢ � �oco �M'� 2 u � W� Y � uo�€ \ � f n O � �aoc� s � a�� Y o . m � � S g c � z �a��6 � u ��s.'i� � � �s��a + � : . o m � onnnnn z� I " ,� � � �N m g � m�:�� __�__ a N � R ��°n°,°n,°nh� oI� '�..�_ m 0 x m � � j' s ; ��,. _ � < �' 00 0 U ..tVrlMUfbO� � , e � � � � �_� a\W � �� 8�7" o i�s�g� �W'�� °�i�'�o� �� g=�� = 73°��s G6'6b t �= 3nsa_ __ � � � 'f^ — - -r.� �s `� � ( ♦ x.3,�ao I a e ~IN �M_ "gt uG If —Sf OIW N� ;f� I Q 2 I I � 8 ---- ^ �o � o,�{�� L--- ' �s a 1 n l�3n�0�� --i- �� —"� � � _ J � �E PAGE il io. 027R30 through 063VOE. ote, all voting aye, P1ayor licenses as submitted and ded by Councilma� Barnette. lared the motion carried RCH 30, 19£31 TO CONSIDER •.X INCREMEPJT PLAN : re the Community Development . TdE IUHUTES OF THE REGULAR MEETING OF TNE FRIDLEY CITY COUNCIL Of �i 16, 1981 ��iil� - ;; � ; �.; , �i: ; ! _� S�e pegular Meeting of the Fridley City Council was called to order at �� D• �. by Mayor Nee. Of ALLEGIAN � Hee led•the Council and audience in the Pledge of Allegiance to fla9. lE}BERS PRESENT: Councilman Fitzpatrick, Councilwoman Mose Mayor Nee Councilman Schneider and Councilman Barn te lEt�ERS ABSENT: None MINUTES: =r PU6LIC HEARING MEETING, MARCH 9, 1981: hearing for March 30, 1981 � �' trict and tax increment �i1�lf by Councilman Schneider to apprave the minut as presented. Seconded voice vote, all voting aye, = 1� Councilwoman Moses. Upon a voice vote, all vot' g aye, Mayor Nee declared. y. ootion carried unanimously. . _ ��Y��..�� . he action regarding payment set-up and having someone She felt they should aii ing. Seconded by Councilma� ayor Nee declared the motioe �g of the Fridley City Cound � �r Mte requested the folla�ring items be stiaates from Smith, Juster, and Fe.ik ick and Newman; and (3) Receiving Co 'tauncil Liaison. 5ded to the agenda: (1) Consideration ; (2) Consideration of Estimates from ication from Schoo] District P�o. lb � by Counc�lwoman Moses to ado the agenda with the above three additions. �ded by Councilman Schneider. pon a voice vote, all voting aye, Mayor Nee �red the motion carriedc�unan' ously. :; � c�ifi� vrcT�noc. I, �- _ \, _� :�Jeff;Seeman, student a ridley Senior Nigh, appeared before the�Council �Q� "�oice his concern of.t decision made by the Council regarding the nature ter. .He stated this. enter is now costing the taxpayers and when it was ��st Drought forward, t was stated tax money wouldn't be used. He felt Willi J. Nee _ � investment s ld be made so. that taxpayers could get a return in Mayar fiuture. .�rerin Makie, tudent at Fridley Senior Hiyh, also indicated his concern tAe natur center. He felt there should be a golf course there and �. �n inves nt made so the residents can get their money back. .�,: . _ fl�an chneider asked Jeff Seeman if he had ever been to the nature � tt� a he stated he had several years ago. i0w�t �en Barnette asked the two students if they were members of the Fridley ta�2o which they answered in the affirmative. TI PLANNING COMMISSIOP: MEETIN6 OF FEBRUARY 25, 1481: LIMINARY PLAT, P.S. #81-02, H 4r' KnIKAL) tfi II1Uf9HJ tSK1l,KIVtK: — aldf Dy Councilman Schneider to set the public hearing on this proposed �elfainary plat for.April 13, 1981. Seconded by Councilman Barnet�e. Upon �olte vote, all voting aye, hlayor Nee declared the motion carried unanimously 15.24 � 1 I , '��!: v� � _. ; REGULAR MEETING OF MARCH �� CONSIDERATION OF LOT SPLIT REQUEST, L, S. #81-01, 6229 CENTRAL AVENUE, BY THOMAS BRICKNER: �'• Mayor Nee asked if this lot sp]it request should be considered in conjunction with the proposed preliminary plat filed by Mr. Brickner. Mr. Flora, Public Works Oirector, stated the Council could consider the lot split now or when they consider the pl�t, whichever they prefer. Mr. Brickner, the applicant, stated there is some urgency in that the lot split is holding up the sa].e of the property owner's ho� on a contract for deed. Mr. Brickner stated, since this is independent of the plat, he would appreciate the Council giving consideration to the lot split this evening. Mr. Flora stated this property in question is just east of Moore Lake and Mr. Brickner wishes to split off the east 300 feet of Lot 19, Auditor's Subdivision No. 22, located at 6229 Central Avenue N. E. He stated Mr. Brickner does have a purchase agreement from the owner to split off 300 feet of the lot. Mr. Flora stated the Planning Commission has recommended approval of the lot split with several stipulations: (t) That no building take place on this property until the property is serviced directly by a public street; and (2) That the property owner sign the lot. split application. Mr. Flora stated staff has reviewed the $tipul.at:io�s and there,are fgur„ additional stipulations the Council�should 'possi.bly consider. �'These are as follows; (1) That a road easement be provided for the extension af Ben � More Orive; (2) 7hat drainage and utility easements be obtained; {3} That there be an agreement with the developer that he pay the street assessment; and (4) Payment of the park fee. Mr. Qureshi, City Manager, stated there is really no problem with the pro�osed development, however, he wanted to make sure there is a clear understanding by the present owners and the applicant, who is buying the property, unless all the stipulations are met, the building permit would not be issued. He pointed.out, if access is not provided, they: would have a landlocked parcel of property. � Councilman Schneider asked Mr. Brickner if he understood the sii�.pulations and Mr. Brickner stated he did and didn't have arly problems with them. Councilman Schneider stated he has.seen some of the fine homes built by Mr. Brickner and is comfortable with this situation. MOTION by Councilman Schneider to concur with the recommendation of the Planning Cormission and grant Lot Split, #81-01 with the foll�owing stipulations: (1) 7hat no building be constructed and no permit issued until the public street is provided; (2) That a road easement for extension of Ben More Drive be provided; (3) That drainage and utility easements be obtained; (4) That the petitioner pay street assessments; and (5) That the petitioner pay the park fee. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared �,he motion carried unanimous 1 � Mr. Flora, Public Works Director, s tabled to the April 6, 1981 meetin� he would recortrnend this item be MOTION by Councilman Schneider o�able this item to April 6, 1981. Secc by Councilwoman Moses. Upon voice vote, all voting aye,f�ayor Nee decl the motion carried unanimou y. ■ REGULAR MEETING OF MARCH ?�, HOTION by Councilman Schneide Canmission Meeting of Februar Upon a voice vote, all voting unanimously. RECEIVING THE MINUTES OF TN� A CONSIDERATION OF SPECIAL ACCESSORY BUILDING MOVED AND A NEW DETACHED GARAGI Mr. Flora, Public Works Direc- Eistrict and the applicant is the rear of the lot to be usec furniture and to construct a r Mr. Flora stated the Planning recomnended approval with the be moved to the rear of the lc Councilwoman Moses asked if tt the size of the garage in com� stated they have requirement i withip the appropriate limits, MOTION by Councilwoman Moses t Planning Commission and grant that the existing storage shed the new garage is completed. vote, a11 voting aye, Mayor Ne Mr. Miller stated he was ares2 procedure from this point. Mr Hall for a building permit. �] � CONSIDERATION OF A SPECIk FAMILY DWELLIN6 TO BE CON STREET BY PAUL GAYDOS ANO Mr. Flora, Public Wor.ks Oirect� Street just in the south bound� convert a present single famil: stated owners plan on splittin� they will live on one level anc Hr. Flora stated the Planninc ( provides better control by the structure, the zoning would�sti Lhe property rezoned to R-2. Mr. Flora stated three persons permit because they felt it xas Nr. Flora stated, after discuss recomnended the request for a� following stipulations: (1) it Marshall on the appropriate exi arners obtain the proper per�ii Councilman Schneider asked ii � ucre to convert to duplexes, if to handle the additional capeci and, if it happened througho;:t problems. .___ _ . . _�__ ----._,�.,.,._�.._._..�....�.:- ---- - 9� PUBLIC HEARING MEETING OF APRIL 13, 1981 aTHER HILLS WEST. PAGE 5 � — �`• t40TI0N by Councilman Schneider to waive the reading of the public hearing � and open the public hearing. Seconded by Councilman earnette. Upon a voi all voting aye, Mayor Nee declared the motion carried unanimously and the hearing opened at £3:30 p. m. Mr. Flora, Public Works Director, stated the area in question is just east Central Avenue and south of Rice Creek Road. He stated Mr. Brickner has ol an option to purchase a portion of Moore Lake Addition from the church and interested in developing it as R-1. . Mr. Flora stated this area was previously discussed when the Council app ro� lot split several weeks ago above this existing property. Mr. Flora stated staff is working with Mr. Brickner for development of thi! and his interest is in preserving the beauty of the area and custom designi particular home to fit the lots. �4r. Flora stated a road will be constructed with two cul-de-sacs and a ponc area to serve as water retention for this area. He pointed out, in conjunc with the Redeve�lopment Plan, they are looking at possibly taking this parce connecting it in the future with Ben More Dr�ve and possibly extending it t Creek Road. He stated, currently, Mr. Bri.ckner hasn't been able to purchas property for the continuation of Ben More Drive. Pir. Flora stated, in orde prcvide sanitary sewer and water service to this area, the proposal is to c Ben More hnto this area rather than providing the services from Central Ave Councilrnan Schneider asked how he would develop those lots, if he can't ext Ben More Drive. Mr. Flora stated the lots could be served off of Central A for only a short period of time an� in conjunction with the Redevelopment P the Housing and Redevelopment Authority may be able to acquire it. t�lr. Qureshi, City t�lanager, stated there is a plan the Council reviewed andi when they developed the whole area east of Central to serve, basically, the' standardssbecause of theeplateorclinancetrequirement�rega�dingnthebculede�sei not to exceed 600 feet. He stated, originally, when the plat of Kerry Lane approved, there were temporary easements acquired and a plan to provide acq this area. He pointed out this plat would be improper unless another accesf provided. , Councilwanan Ploses asked if it was part of the Housing and Redeve.lopment Au plan that the lots would.be divided and the streets constructed. t4r. Qureshi felt this was one way it could .potentially be divided, if there consensus on the part of the property owners, and tL�e Gi_ty. :`el.t.�his. w� the wa Councilman Schneider asked thelength from Central Avenue to the tip of the A gentleman in the audience stated it was 654 feet. Councilman Schneiders are 54 feet off from the ordinance requirement. He further stated he has a with this 600 foot cul-de-sac requirement and pointed out there is double m Ben More Orive. Councilman Schneider stated, if it is the feeling of the n on Ben More Drive not to carry the street through, he doesn't see a pressin± Mr. Lyle Carpenter, 6258 Ben More Drive, stated, in talking with most of th owners on Ben More Drive, they are in agreement they would not like to see) extended. He stated they would like to see it remain as it is unless it is, necessary. He stated Kerry Lane is narrow and there may be a problem gettii fire fightI'ng e uipment, however, the lot5' to the west of Ben More Drive dn very quickly an� might pose the same probiem. - � Councilman Schneider asked if Ben More Drive isn't extended, what kind of p� would it create for this plat. Mr. Flora stated the primary concern would6 sanitary sewer and water systems to support this plat and anything e7se that be developed. He stated, with extension of Ben More Drive, it would provid! easy way for extension of these utilities. He pointed out they can get sewe and water services form Central Avenue, but it wouldn't be as good a syste�e wnat could be provided by the extension of Ben More Drive, Pir. Brickner, the petitioner, stated they are looking at 11 lots with single family homes and indicated he would not be totally opposed to the extension of Ben Ptore Drive in the future. He felt the primary access would probably be the entrance off Central and since Kerry is such a steep hill, the extensi of Ben More Drive would probably be used much more. 15.26 PUBLIC HEARING h�ETING OF APRILI3, 1 FO•. Wayne Welch, 6115 Woody Lane, po cul-de-sacs so the plat couldn't be Ne stated he had concerns about the gets smaller and smaller, however, h Mr. Brickner's developments. Nr. Qureshi felt there should be san provide looping for the water lines. Nr. Brickner can acquire property, i go. He pointed out if the people di it would make a difference. Nr. Qureshi stated he felt it is a p to a neighborhood. No other persons in the audience spo lqTION by Councilman Schneider to cl Councilman Barnette. Upon a voice v� the motion carried unanimously and t; PUBLIC HEARING ON REZONIN6 REQUEST, " C-2 to M-1,8000 UNIVERSITY AVENUE. �: AND CqVSIOERATION OF REAPIPROVAL OF PS �& TABLED 4 6/81 : HOTION by Councilwoman M�s�s to w��v; notice and open the public hearing. a voice vote, all voting aye, Mayor t and the public hearing opened at 8:5; � Nr. Flora, Public Works Director, st� � and 81st just west of University Aver = Council for consideration are a plat: � requirement. Mr. Flora stated this F `�'ayear ago, but since it was not recc �to the Council. He'stated the Planni tonjunction with the rezoning, and ic d�o togethe r. Ar. Flora stated the primary concern staff has not received a drainage.pla Nr. Harris.has provided them with a 1 tertain criteria which they feel woul particular plat, if it is recorded ar ` knav what would be requi red for them Mr. Flora stated another thing to be approval of the rezoning. He stated and Mr. Harris has a buyer for a port rezoning from C-2 to t�-1 of lots 1, 5 requesting a variance of the front ye to 35 feet because this ht-1 property Mr. Flora stated the development is f tonstruction of a building and the gr essstial!ly detain the water to incluc sane going to the property to the so� supports Mr. Harris' reasonimg to deve to address itself independently for H PAGE 5 J ( �'JBIIC HEARING MEETIPlG OF APRILI3, 1981 PAGE 6 S W_�_6175 CENT .�r. Wayne Welch, 6115 Woociy Lane, pointed out the 600 foot requirement for �g of the public hearing n al-de-sacs so the plat couldn't be approved because of this requirement. man Barnette. Upon a voice ;-� stated he had concerns about the open acreage behind his home, which �°ied unanimously and the p 9ets smaller and smaller, however, he has heard s ane favorable comments on - iCr. Brickner's developments. in question is just east �tated Mr. Brickner has ol ition from the church and ed when the Council appro� roperty. ;er for development of this `.he area and custom designi two cul-de-sacs and a pondf He pointed out, in conjunct idspossiblykextendingPit to asn't been able to purchase Ptr. Flora stated, in order area, the proposal is to ca services from Central Avero hose lots, if he can't ext� '�e served off of Central A� , with the Redevelopment P' ie to acquire it. the Council reviewed and� 1 to serve, basically, the nt�regarding�thebculede�sec �en the p1 at of Kerry Lane and a plan to provide acu °oper unless another access �sing and Redevelopment Au �s constructed. ially be divided, if there tile�i_ty Felt�his wasthe wm Avenue to the tip of thei . Councilman Schneidersl e further stated he has a :ted out there is double ac t is the feeling of the n he doesn't see a pressing 7 talking with most of the �y would not like to seeB ain as it is unless it is re may be a problem gettin +est of Ben More Drive drp extended, what kind of prd e primary concern would De at and anything else thati e Orive, it would provide� ted out they can get sewer. dn't be as good a systea e Drive. . g at 11 lots with single pposed to the extension y access would probably a steep hi 11 , the extens' Itr�. qureshi felt there should be s.ome plans or direction to proceed to sprovide looping for the water lines. Councilman Schneider stated, until ICr. Brickner can acquire property, it is diffiicult to say where they would go. He pointed out if the people directly to the north don't want to sell, tt Mould make a difference. IM. Qureshi stated he felt it is a prudent approach to have double access to a nei ghborhood. , _ xo other persons in the audience spoke regarding this proposed plat. JOtION by Councilman Schneider to close the public hearing. Seconded by Louncilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried un_animously and the public hearing closed at 8:55 p. m. G ON REZONIN6 RATI 1 INDUST 1qTI0N by Councilwoman Moses to waiVe the reading of the publi hearing wtice and open the public hearing. Seconded by Councilman rnette. Upon ivoice vote, all voting aye, Mayor Nee dec]ared the�motio carried unanimously �nd the publ i c heari ng opee�ed at 8:57 p. m. lbr. Flora, Public Works Director, stated the area in estion is between 79th �nd 81st just west of University Avenue. He stated e items before�.the Wuncil for consideration are a plat, a rezoning, d a variance on the setback �+equirement. Mr. Flora stated this plat origina y came before the Council about � year ago, but since it was not recorded in 1 days, it requires resubmission to the Council. He stated the Planning Canmi ion did review the plat, in oonjunction with the rezoning, and identifi a number of items that tied the bro together. �. flora stated the primary concern w the drainage. He stated, to date, aff has.not received a drainage pl for this particular plat, however, . Harris has provided them with a e�*.^r :vhich, in paragraph 1, establishes rtain criteria which they feel uld handle the drainage question for this rticular plat, if it is recor d and documented so all future owners would ar what would be required fo them to handle the water. Nr..Flora stated another t ng to be addressed was the landscaping and final ;approval of the rezoning He stated the plat has M-1 zoning and C-2 zoning ind Mr. Harris has..a b er for a portion of the property and is requesting ,rezoning-from C-2 to -1 of lots 1:, 9, and 10. He stated they are further requesting a varian of the front yard setback from the required 100 feet to 35 feet becaus this D1-1 property is across the street from residential. 14r. Flora stat the development is for Lots 1, 2, 3, 9, and 10 for tanstruction f a building and the green area, as shown on the map, would as�ntial:7y etain the water to include some water in the parking area, with same goi to the property to the south. He stated this particular development support Mr. Harris' reasoni:mg to develop a plat where each parcel would have to ad ess itself independently for water detention. ; 1�!� . 1 �' ' 15.27 � :s Jl;� fi�l �_ � � � � .� � r• ;. i I; � � (i !�I; �. .��; 2 REGULAR MEETING OF APRIL 20, 1981 Mr. Harris stated he appreciated the fact the Council will take under advisement and, hopefully, he will be treated fairly,_� ` DERATION OF FI -O 1, MI PAGE 5 s matter J. H Mr. Flora, Public Works Director, stated this �1'of property is located in the Great Northern Industrial area, just st of East River Road and south of I-694. He stated the property cludes a triangular piece, which was shown on a map, and is part of th ntire parcel Midwest Printing bought from the railroad. Mr. Flora stated it was not ssible to record this small triangular piece of propdrty at the Count ecause they didn't have a legal description, therefore, this plat ' requested to define this portion of property so it' can be recorded. MOTION by Co cilman Fitzpatrick to approve the final plat, PS #81-01, Midw Addition. econded by Councilman Schneider. Upon a voice vote, all voting aye, h or Nee declared the motion carried unanimously. 3 CONSIDERATION OF FINAL PLAT PS #81-0 2 HEATHER HILLS WEST 6175 CENTRAL AUENUE, THOMAS BRICKNER: Mr. Flora, Public Wo rks Director, stated this property is east of Old Central, between Rice Creek Road and Gardena. He stated the plat consists of 11 residential lots with two cul-de-sacs off Central Avenue. Mr. Flora stated the Planning Comnission has reviewed the plat and has recommended approval. �dr. Flora stated the item that was not addressed is the development and assessment of costs for the road improvement, sanitary sewer, and water services, which will essentially be serving the.property outside the plat, and the potential connection to Ben More Drive. Councilman Schneider pointed out that two-thirds of the people on Ben tdore Orive indicated they didn't want Ben More Drive extended. He stated he r'�'spected staff's opinions, but.would Fiate to get into a sfituation some time in the future that the Council approved this plat and approved the extension of Ben �1ore Drive. Ptr. Flora stated the City's plans were for the eventual extension of Ben i��ore Drive to Central Avenue. He stated, when Ben More Drive was being constructed, the church that owned this parcel objected to further extensia so it was terminated. He pointed out now that the parcel is being developeE it fits in to add the connection to the street: h1r. Flora stated, currently, the City can bring water off Central to servia this parcel, but it is only fran one direction and it is more purdent to put in water from two directions and the most logical place ta service this are� is the line that is terminated at the end of Ben More Drive'!. Councilwoman Moses asked if the service is affected if it comes only from Central Avenue. Mr. Flora stated the line, essentially, becomes a dead ]int and if there is a water break, then everyone is out of service, but if theyi can service from different directions, service could be continued. Councilman Schneider stated he is concerned about naming a street that may,� in fact, not continue. Mayor Nee asked about the names for the cul-de-sacs, since one is shown as G3enn Oak Circle and the City currently has a street called Oak Glen, and felt this may pose a problem. 15.28 m REGULAR MEETING OF APRIL 20, Nr. Brickner stated he didn' ue quite a distance apart, aame could be changed. Mr. md he didn't care, either w touncilman Schneider asked i 1f Berr More Drive.w,�sn•`i extei standpoint, it would be bett� iE may be better not to have building lot, but he is not : everyone concerned. cilman Schneider stated t ng off Central as Ben Mo� Ik. Qureshi, City Manage r, st �rea and the major concerns v looping!, if Ben More Drive w� scheme or plan for that area =: Ra�yor Nee stated he would lik °; SuDmitted at a conference sr�e ;�Councilman Schneider stated h ; for the water looping and tha � far for the extension, other ; direction has to be provided �'Nr. Qureshi, City Manager, al � �ffect other properties and a �� usessed. 'Councilwoman Moses asked who ! �itated, in the past, the City �.this would be the way he woul� �the property owner to the nor� �his property wou7d benefit gr� : .�. Ma{yor Nee stated, as he under: �fght-of-way. lOTION by Councilman Schneide► Yest� contingent upon the str� nnamed in accordance with an� �nd Post Office and,• secondly: ipecifically not be named Ben or any references to Ben More. Mr. Wayne We1ch, 6115 Woody Le aprovements. Nr. Qureshi , Ci ty Manager, thc toncerned with would be for dr designed properly, it would hc md there would be no need for aent where Mr. Welch would be I�OH A VOICE VOTE TAKEN ON THE declared the motion carried un PAGE 5 �il will take this matter_:-- fairly. ' JITION, lOUIS J. HAMLIN: �1 of property is located � East River Road and triangular piece, which � Midwest Printing bought � small triangular piece a legal description, �rtion of property so it P.i6ULAR MEETIN6 OF APRIL 20> 1981 PAGE 6 Nr. Brickner stated he didn't feel this would be a problem since the streetS �re quite a distance apart, however, if Council feels there is a problem, the name could be changed. Mr. Brickner also stated he lives.on Ben More Drive md he didn't care, either way, if Ben More Drive was or was not extended. Councilman Schneider asked if he saw any problem with his development, • ifBen More Drive.was.n`� extended. Mr. Brickner felt, from the City's standpoint, it would be better to have the extension, but from hiS standpoint, it may be better not to have it extended, as it may give him an additional Ouilding tot, but he is not sure this would be in the best interests of ' ereryone concerned. �ouncilman Schneider stated he dcesn't, at this time, want to name the street caning off Central as Ben More Drive. al plat, PS #81-01, Midwest, �• Qureshi, City Manager, stated the City has s ane overall plans for this : voice vote, all voting y; ` area and the major concerns would be only one access and the water line ` iooping�, if Ben More Drive wasn't extended. He stated there is a total 'y' � scheme or plan for that a.•ea and felt those issues should be addressed. S WEST, 6175 CENTRAL rty is east of Old tated the plat consists tral Avenue. ��d the plat and has the development and 3ry sewer, and water serty outside the plat, the people on Ben More �nded. He stated he to a situation sorre 1at and approved the al extension of Ben re Drive was being ed to further extensi rcel is being develop r off Central to service t is more purdent to put ace to service this area e Dri ve't - Mayor Nee stated he would like to see the plan and asked if it could be submitted at a conference meeting. Cauncilman Schneider stated he doesn't see the requirement for the road anly for the water looping and that is the only justification he has heard so far for the extension, other than dual access. Mr. Qureshi stated some direc#ion has to be provided in regard to the water looping. !a. Qureshi, City Manager, also pointed out this plat would, potentially, affect other properties and according to the City's policy, they would be usessed. � fauncilwanan Floses asked who would be putting in the road. Mr. Brickner stated, in the past, the City has•put in the improvements and, in this �ase, this would be the way.he would want to proceed. He stated that Mr. Skinner, �.the property owner to the north, is in favor of this devlopment and is aware his property would benefit greatly by this road and that he would be assessed. Mayor IVee stated, as he understands it, they are presently talking about a �ight-of-way. � lqTION by Councilman Schneider to appxove the plat, PS #81-02, Heather Hills Yest, contingent upon the street names being removed and the cul-de-sacs renamed in accordance with any requirements of the Police and Fire Departments �nd Post Office and, secondly, that the east/west access coming off Central specifically not be named 8en More Drive, Ben More Circle or Ben More Court or any references to Ben More. Seconded by Councilman Bar.nette. !a. Wayne Welch, 6115 Woody Lane, questi;oned if he would be assessed for enprovements. if it comes only from �:y_ ` Nr. Qureshi, City Manager, thought the only possible assessment he could be lly, becomes a dead line° .toncerned with would be for.drainage. ._ fe.t, however, if the drainage is �f service, but if the ` � designed properly; it would hold all the water this property is receiving y� ,. and there would be no need for an outlet. He stated, if there was an i�rove- be continued. •_aent where Mr. Welch would be assessed, he would receive a notice of hearing. aing a street that may, r. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee = declared the motion carried unanimously. since one is shown as called Oak G7en, and 15.29 � 0 ��.1 REGULAR MEETING OF APRIL 20, 1981 PAGE 7 Mr. Ftora, Public Works Director, stated there is also the question of the park fee. hir. Qureshi, City Manager, stated the requirement is that 10%..of the,land b e given rfor park purposes or a cash donation of �0% of.the value. of, tf�e:. land. He stated the Councid has, in..the past, allo�eed the park fee to be: collected at the time the building pe �it is issu�d. �� a ,i . h1r..Br.ickner stated he would prefer the option�of paying the park fee at the time the building permit is issued. Mr. Brickner was requested to submitsa letter, to thi's eff.ect,� regarding payment of the park fee. FIRST READING OF TE MOTION by Councilwoman Moses to waive the reading and approve the ord�'fiance upon first reading. Seconded by Councilman Schneider. Upon a voicedvote, all voting �ye, Mayor Nee declared the motion carried unanimously.f DISCUSSIOV APJD POSSIBLE RECONSIDERATION OF REZONING REOIIFST i�stn.fi rno rcn a�ion��r,T . ........... ...--� - - Councilman Schneicler stated, af.ter the action of the Counc�last week to deny this rezoning request, Mr. Burandt contacted him and anted verificatioc on the action taken. He stated Mr. Furandt indicated h didn't receive notia of the prior Council meetings, and is present here thi evening and perhaps should explain. Mr. Burandt stated he talked to the City the day fore the Council meeting. He stated he was under the impressioni�that the r oning had taken place. Mr. Burandt stated he never received any noti es, and felt they were possibl� sent to the property address, and not his p ce of residence. He stated he� took the action of the Planning Conmission s approval, Councilwoman htoses asked how he was not' ied of the public hearings before � th� Planning Commission. Mr. Burandt tated, when he made the application, fie was told when the meeting would b held. • Councilrnan Ftizpatrick asked if h attended the hearings before the Planning Commission and at those meeting if he wasn't advised what would be taking � place to which Mr. Burandt ans red in the affirmative. Councilman Schneider stated he word from staff was that Mr. Burandt was contacted and that he was ware of the meeting. Councilman Schneider a ed Mr. Burandt �hat was his intended use of the property, if it is re ned. Mr. Burandt stated he wanted to refurbish the property. He s ted there was a fire in the dwelling so he has gutted it and there was n insulation and it has to be reworked and landscaped. Councilman Schn der pointed out one of the comments made by staff at the public hearin was, if the property is to be rezoned to commercial, they didn't think he structure should be remodeled and used as a cortenercial building. Mayor N� felt if the Council is inclined ta reconsider the denial of the rezoning, they should probably have all the material presented to them agaia 15.30 � �EGULAR MEETING OF APRIL 20, 1981 I Councilman Schneider stated his t I a rezoning, unless there is a sti Mr. Burandt stated it is not ecor. I Ce to reomdel it and use it as a Nr. Qureshi, City Manager, stated there is a commercial use intende it. He stated if there is a ne2d it should be rezoned from R-3 to built for that purpose. Rr. Burandt stated he would like ,of remodeling the structure. He feasible to tear it down, and he because as it is now, it is an ey� NOTION by Councilman Schneider to i80-02 as filed by Ted Burandt an� neeting, with submission of all tl �equest. Secc�nded by Councilwomai Councilman Schneider stated when i support the rezoning, he would war commercial building constructed. llr. Burandt was asked his address Nr. Qureshi asked if pprsor.s in tt Council felt they should be notifi for consideration. . UP�1 A VOICE VOTE TAKEN ON THE ABC declared the motion carriect'unanirr NEW BUSINESS: RECEIVING THE MINUTES OF THE PLANN F�TION by Councilman Schneider to Heeting of April 8, 1981. Seconde all voting aye, Mayor Nee declared RECEIVING THE MINUTES OF THE CHART! IfJTIOtJ by Counci lman Fitzpatri ck t� Ileeting of March 3, 1981. Seconde� Councilman Schneider stated there � redrawing of ward boundaries 30 da� pointed out the opinion recei:ved f� this time period, and staff was rec Attorney to the Charter Commission. UPON A VOICE VOTE TAKEtJ ON THE AB01 declared the motion carried unanimc �ECEIVING PETITION # 1-1981 FR0�4 P( MOTION by Councilman B.arnette to rE Schneider. . Upon a voice vote, all carried unanimously. �. PAGE 15 L�6ULAR COUNCIL MEETING OF MAY 4, 1981 PAGE 16 'ermit, SP r81-OS bastd ATION by Councilman Schneider to au rize the Cable Television Commission �tibie with the tohire Doug Hedin, with a separat fund to account for the fees being paid ��►'• UPON A ROLL CALL ' �tor the refranchising. Seco�ided voted in favor of th!•; lllvoting aye, Mayor Nee uec edytheumotionncarriedtunanimouslyVOice vote, an Moses voted against i t, SP #81-05. Secan lwanan Moses , Council �patrick and Councila THE MOTION FAILED AS ?Y. = an ordinance to the �xes in an R-1 zone.:: °funcilman Schneider� ;; 'ck voted in favor of` �n. Mayor Nee declare� LL SIGN, SHOREW000 , RUD FOR OOUG'S TV:', ,nendation of the Ap� : of a wall sign fn ad Shopping Center, �e same being 6225": � a voice vote, alT lous ly. , of the Planning '-i]man Schneider. I�e motion carried I' AMOUNT NOT TO he Cable.Televis lman Schneider. motion carried Ita(SIDERATION OF REQUEST FOR DIVIOING PARK FEE AND APPLYIN6 TO INDIVIDUAL t01S BY THOMAS E. BRICKNER. ;101ION by Councilman Schneider to grant Mr. Brickner's request regarding �� tAepark fees for Heather Hills West and direct staff to draft whatever �kgat agreements are necessary to provide potential buyers;oftl2 property 'r(th notice of the park fee. Seconded by Councilman Fitzpatrick. Upon a �lolce vote, all voting aye, Mayor Nee declared the motion carried unanimousi,y. dMSIDERATION OF ANOKA COUNTY LAW ENFORECMENT JOINT POWERS AGREEMENT FOR U ID: Mr.Hill, Public Safety Director, stated he is recomnending approval of thi ;,lotnt Powers Agreement and stated they nor�;•ractual ly cross boundary l ines rbdi emergencies exist, but there is concern, and this agreement would kgalize that operation. MOTION by Councilman Schneider to authorize t atcution of the Joint Powers Agreement for Mutual Aid. Seconded by ouncilman i�rnette. Upon a voice vote, all voting aye, Mayor Nee declared the otion pRied unanimously, IDERATION OF OPERATI01� LIABILITY .Herrick, City Attorney, stated he has worked with Mr. Hil and met with e City's present insurance.agents to discuss this matter th them. He stated is in favor of it, bu� whether this is the right time act he supposed is a calculated risk to wait until the next insurance idding. He stated had a question if this type of insurance, with this articular company; '� cone where the City might have a deductible and if t would make any fference in the premiums. h.Hill, Public Safety Director, stated he suSF etause they are proposing the $500,000 limit. Itductibles, only the pro-rating. �rorNee felt they should receive a report rorr �re on this item within the next several eeks. :[EIVING COMMUNITY RECREATION BUILDIN EEDS AS i1s item was discussed earlier in t meeting. �SIDERATION OF AGREEMENT r.nNTRar c Nnc �� eun ed this was not the case stated they did not discuss staff, but would like to WASTE FI e port-a-pak . lOTION by Councilman Schneider to authorize the execution of Agreement Contracts Nos. 67 and 191 wi the Metro Waste Control Cortgnission. Seconded i from where thesl: b Councilwoman Moses. Upo a voice vote, all voting aye, Mayor Nee declared tlk motion carried unanimo sly. asy to operate, btic access is a en times when on need for it. levision Commiss �iPl 'ION by Councilma Schneider to adopt Resolution No. 58-1981, and authorize �execution of t agreement with the League. of Minnesota Cities. Seconded Councilman Ba tte. Upon a voice vote, all voting aye, Mayor Nee declared motion carri d unanimously. 15.31 t i: ;� . ,� r : k: �' � � �,� I i ' �,� , ro;�� .k�: P6 Z .� . , PAGE 5 een a junker and a classic rchase a license for a classic i�BIIC HEARING MEETING OF JULY 13, 1981 PAGE 6 �I�. Qureshi, City Manager, explained certain criteria had to be met for these �lock grant funds and this project met these standards because it provides krvices to low and moderate income groups. / founcilman Fitzpatrick questioned on what the $280,000 in block grant f ds > plates, you cannot get a ��d b e spent. M�r. Qureshi stated it would be used for acquisitio f <plained, in his situation he Koperty in the tax increment district for purposes of redevelopmen . He �e streets and highways, and stated�itis hoped, if there is a full development, it will bring lot more to make them which will involre: Gx revenue than what they would be spending. � touncilman Fitzpatrick stated that evidently considerations ent into this probably look at some changes.R �t he wasn't aware of, but he had no objection to using oney in this wdy. ordinance and investigating > � stated, however, comnunity development block grant fu "s could be used ;for things that come up where there are no other funds; vail�ble. � is describe an actual junker �r. ne this way that.the vehicle tation by the Inspection. collector cars or classics. - assic, his neighbor may neighbor files a complaint, is problem. �e problem by keeping a and patience, but felt � and City time. MINUTES.OF JUNE 11 � minutes of the Cable Tel by Councilwoman Moses. U �d the motion carried unan ; contacting the owner of , iable to contact him. ING CONTRACT OF fRIE =rance in early September � contract of friendship. � Mayor to execute the cont =ourmies, France. Seconded voting aye, Mayor Nee `or him to take to Fourmies, �ct htedtronics to advise the TWEEN THE HRA ANO THE CITY lDTION by C ouncilman Fitzpatrick to authorize the '� to disperse these f�ds from the comnunity development blook grant ogram. Seconded by touncilwoman Moses. A�yar Nee questioned if there was a way thes funds could be returned to the City at a future date, when it becomes, conomica]ly viable.. a. Qureshi stated he would suggest thi�item be tabled until tfay could dieck into the matter further. „�' l01ION by Councilwoman Moses to ta e this item for further research by staff. Seconded by Councilman S neider. Upon a voice vote, all voting aye, kyor Nee declared the motion c ried unanimously. . Flora, Public Works irector, stated the concrete slab reconstruction at e intersection of E t and West Danube Roads utilized the majority of the iginal contract of 47,757.50 and there still r�nains concrete curb work �e accomplished his year. He requested, therefore, the Council consider proval of chan order No. 1 to the original contract to allow this work be compl ete N by C ncilwoman htoses to approve Change Order No. 1 with Halvorson ruct n for miscellaneous concrete curb and slab,construction in the t $11,925.00, which changes the originalcontract price from .SJ to a revised contract price of $50,682:50. Seconded by Councilman ider. Upon a voice vote, all voting aye, Mayor Nee declared the motion ed unanimously. IVING PETITION N0. 6-1981 FOR HEATHER HILLS WEST BY TOM BRI NO LUTION N0. 69-1981 ORDERING P WATER AND SAPlITARY SEWER PROJ ND LUTION N0. 70-1981 RECEIVING R"LATERALS AND STREET SURFACING [�'f PLANS AND SAECIFICATIONS ATHER HILLS : ORT AND CALLING A PUBLIG � 734 HFATHFR FITI 1 C • ION by Councilwoman Moses to receive petition No. 6-1981:. Seconded by ncilman Schneider. Upon a voice vote, all voting aye, Mayor Nee lared the motion carried unaniously. �itted to the Council showed�:±: ICr• flora, Public Works Director, stated he has been in contact with the two ent financing and questioned_' -froPerty owners involved, Mr. Brickner and Mr. Skinner. Mr. Flora further ��° �'stated, as of this morning, �ir. Skinner has decided he doesn't want to ;':� kvelop his property, therefore, Mr. Bricknerr�•11 come to the Council at _ `tAe next meetiny to present an adjustraent to the plat to move the right-of `� �;;ray of the northern street one foot into the plat. He stated Mr. Brickner `rill then submit a new peticoon for 100q of the property ownerns and request the assessments be spread over the entire plat. .t r 15.32 .��:: _� l; , '� � � � �� ° �; :�, �:. r-.^ � -� I'; ;;. _ � �. �! ; ;;:: ;, � � ,; � ,,... �',,. � , �::�; 13 �� PUQLIC NEARING t1EETING OF JULY 13, 19£31 PAGE 1 '� PUBLIC HEARING MEETING OF JULY 13, 1 f•tr. Flora stated P1r. Brickner desires the City to put in the sewer and water improvements this fall and to accomplish the street improvements next year. several yeaBsrfromenowkhow�heMwould�proceednteMrtoFlora�stated he�would have to purchase some property from Mr. Brickner for access. Mr. Herrick, City Attorney, stated the City does have some alternatives. � They can put in the improvements, as shown, and make the assessment or could make the assessment against both properties, Mr. Brickner's and Mr, t Skinner's, and defer the assessment on the northern portion. He pointed out� the Council doesn't need 100% petition to put in a City street and if the"``:;` right-of-way for the northern street was moved one foot into the plat, it �;_ may cause some problems in the future for Mr. Skinner's property, as far as,_tl the access. Councilman Fitzpatrick asked if it wasn't possible the northern portion might be platted without access from thisproposed st reet., to which Mr. Flora stated it was possible. Mr, Herrick felt the Public Works Department should give :.ome thought on what kind of road system they want in that area. t4r. Qureshi, City Manager, stated they wo��ld rec anmend the Council consi� adoption of the above two resolutions and set� the hearing for the improv� and have a choice on��how the assessments are spread at the time of the a� hearing. MOTION by Gouncilwoman Moses to adopt Resolution No. 69-1981 ordering prel inary report, plans and specifications for water and sanitary sewer projec No. 134 (Heather Hitls) Secandec; by Councilman Schneider. Upon a voice vote, all voting aye , Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Moses to adopt Resolution No. 70-1981 ordering preliminary report and calling a public hearing on water and sanitary sewei project No. 134 (Heather Hills). Seconded by Councilman Schneider. Upon_; a voice vote, all voting aye, Mayor Nee declared the motion carried unani� Nir. Flora, Public Works Director, stated the C y has developed a three plan for resealing the joints on the concre streets in the City, and requested Council consider adoption of th' resolution to advertise for bids for this project. MOTION by Councilman Schendier to pt Resolution No. 71-1981. Seconded Councilman Barnette. Upon a voic vote, all voting aye, p�:ayor Nee declan the motion carried unanimously. OF PLANS AND hlr. Flora, Public Wor Director, stated the storage reservoir located on � Johnson St reet has number of exterior cracks requiring repair and the tank needs a new c t of paint, and requested Council consider adoption of� this resolution advertise for bids for this project. � MOTION by Co ilman Schneider to adopt Resolution No. 72-1931. Seconded bj Councilman rnette. Upon a voice vote, all voting aye, Mayor Nee declared= the �otio carried unanimously. 15.33 Senator. Don Frank: Senator pon Frank appeared before the Council may have regarding the past l Senator Frank reviewed the actions t� the State's deficit. He further stai yovernments be on the same fiscal ye� enough warning would be given so loc� change. 5neator Frank stated the Legislature it is the concensus of both houses tt the next session. ;16�. Qureshi questioned if local aid t �:level as last year. Senator Frank st �:the case, but obviously that is a shc `4 stated the cost of local services 'shifted again to local governments ar ;9overnment has is to raise the proper 14'. Qureshi, City Manager, pointed ou penalized for being prudent and cost State has put a mandate on Local gove ator Frank stated he would agree t ever, he felt the coming y�ar will t went through because they still �r Nee stated in regard to condani taken away the City's descretion Ci�y. Attorney to draft a proposed ,would recover the Ci�y's power t ested a model ordinance be drafte ted to cover the City's concerns. tor Frank a15o stated, during thi: erty has been reduced by three to s from rental owners who stated tl erty because of the taxes. He fe� issue further because of the dif• rental property. "Senator FranR questioned the completi� t �Wuncilman Fitzpatrick felt the re shoi pedestrians could cross the street sa� stated when the widening 6egan, one s- left`is inoperative. He stated they c� �re completed but he is trying to wor school begins. krtator Frank stated the Department o� Eeciding what route will be taken for 1 stated the City doesn't wish a south E Frank stated Representative Simoneau n the meetings, but he would rather dout of any access to the bridge. Nayor Nee extended the Council's thanE the meeting and providing this inform� r TuC MINUTES OF THE PU[3LIC HEARING MEETING OF THE fRIOLEY CITY COUNCIL OF -�j��IC HEARING MEETING Of AUGUST 10, 19 AUGUST 10, 1981 The Public Hearing Meeting of the Fridley City Council was called to order at 7:35 p, m, by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led th e Council and audience in the Pledge of Allegi Flag. ROLL CALL: MEMBERS PRESENT: Mayor Nee, Cou^oilman Fi Councilman Schneider and MEMBERS ABSENT: None ADOPTIOI� OF AGENDA: to the �ck, Councilwoman Mos cilman Barnette MOTION by Councilwoman Moses to opt the agenda as presented. Seconded by Councilman Schneider. Upon oice vote, all voting aye, Mayor Nee declare the motion carried unanimo y. PUBI,IC HEARINGS: � :PUBL i ARY SEWER PROJEC__T N0. 134, HEATHER HILLS MOTION by Councilman Schneider to waive the reading of the public hearing no and open the public hearing. Seconded by Councilwoman Moses. Upon a voice all voting aye, Mayor Nee declared the motion carried unanimously and the p "earing cpened at 7:36 p, m. Mr. Flora, Public.Works Director, stated the Heather Hills West plat is loa east of Moore Lake, off Old Central Avenue, and consists of construction of streets, Heather Place and Heather Circle. Mr. Flora stated the developer, Mr. Brickner, has petitioned for sanitary se water and storm sewer to be installed this year, with the street and concreU curb and gutter to be installed next year. He stated the lat located on the side of Heather Place is being charged only for the share of the cost which i� benefit to that property and if this lot is later platted.or divided, therei be additional costs involved in extending the water and sewer lines. Mr. Flora stated the costs affecting the Heather Hills West plat are being di equally between the 11 lots in the plat. He stated this is a self-sustained development and thc only requirement the City would like is to loop the watei system to sane other lineinstead of just internally. He stated the original was for Ben More Drive to be extended all the way down to Central Avenue and connected to Heather Place, however, there was discussion on the practicality doing it at this time. Councilman Schneider asked if Ben More Drive would be extended at some future date, the improvements put in this year would have to be changed. �4r. Flora� stated it �vould not because when this particular water system is installed,il shou]d lend itself to at least four other methods of providing a viable s�f in this area. Councilwoman Moses asked what the assessment would be to the property north the plat which is owned by Mr, and Mrs. Skinner. Mr. Flora stated the cost the sanitary sewer, storm sewer and water would be about $18,835. Mr. Skirner stated there has been some discussion between himself and Jerry Boardman, City Planner, as to possibilities for development of his property. 15.34 4 s ed, however, at this point, he i property wi �rout knu«ing •ahere he s krelop as far as his property is conce rith the Heather Hills development, as prtion of it. k. Skinner stated to go along with any usessed any amount of the costs whatso }oin9 into the Heather Hills developmen stated he understood the Heather Hills �nd was to bear its total cost and he h kcause it doesn't affect him. r. Skinner stated, frankly, he doesn't snot opposed to the street being cons �ather Hills, as long as he doesn't ha �ying part of the cost of those improv � Skinner stated he has had some disc ition discussed was the street would b icost to him.. He stated he didn't fe clear cut answer as to what will actu rvelop. He stated there was discussi id joining Ben More Orive, however, pe� :reet to be extended. He stated there ibe extended. �He stated there was al: ross his property and j�oin Rice Creek. ibe so maRy things for whiEh they hav� wncilwanan Moses stated right now, thE it questioned if Mr. SE;inner wouldn't i 'what was eventually decided upon on i . Flora.stated he felt there would be inner could plat on his property: ncilwoman Moses pointed out that this spread across these lots, if Mr. Skir incilman Schneider questioned how this put in sewer and water and half of th f opposed. . Herrick, City Attorney, stated the d re particularly, the street pattern, i uncil and not the individual land owne uncil, with the advice of the administr garding the street pattern. Ibr. Herrick stated, as far as the assess� ie greater than the Leoefits to the prop� usessed equally. IU. Herrick felt, in this case, there ar� street is constructed so it is not adjacE Wuncil decides they will not assess his �deferred assessment. Wuncilman Schneider asked Mr. Skinner.it usessment. =RIDLEY CITY COUNCIL OF NBLIC HEARING MEETING OF AUGUST 10, 1981 PA6E 2 �ncil was called to order � Stated, however, at this point, he is totally opposed to the assessment of lis property without knowing where he stands or what is eventually going to tevelop as far as his property is concerned. He stated he was not concerned rith the Heather Hills development, as long as he doesn't have to pay for any �artion of it. ge of Allegiance to the atrick, Councilwoman Moses, uncilman Barnette : presented. Seconded by g aye, Mayor Nee declared RH of the publ i c hea ri ng noti� ,�an Moses. Upon a voice vc �d unanimously.ard th� pub) 4�.Skinner stated t.o go along with any approval for his property to be usessed any amount of the costs whatsoever for sewer and water connections �Oing into the Heather Hills development, he is totally opposed to it. He stated he understood the Heather Hills development was to be self-sufficient �d was to bear its total cost and he has been in total agreement with that kcause it doesn't affect him. . k. Skinner stated, frankly, he doesn't need a street by his property, but isnot opposed to the street being constructed.,and the development of kather Hills, as long as he doesn't have to make a pre-mature decision on �aying part of the cost of those improvements A�. Skinner stated he has had some discussions with Jerry Boardman and one aption discussed was the street would be constructed, as proposed, but with a cost to him. He stated he didn't feel.at this time that arlyone really had sclear cut answer as to what will actually happen if his property were to develop. He stated there was discussion of crossing the back of his property ndjoining Ben More Drive, however, people on Ben More might not want the sireet to be extended. He stated there was also discussion for the street W be extended, He stated there was also discussion for the street to cross his property and join Rice Creek. He stated, at this time, there seems tobe so many things for which they have no. answers. . (ouncilwanan Moses stated right now, the Council doesn't have all the answers, � Hills West plat is located� �t questioned if Mr, SE;inner wouidn't haae some buildable lots, regardless �ists of construction of brp� � What was eventually decided upon on the street design. rtitioned for sanitary sewe :h the street and concrete d the lat located on the a share of the cost which is atted or divided, there ro and sewer lines. Is West plat are being dirl :his is a self-sustained" like is to loop the wate�` He stated the originat.pl m to Central Avenue and b� �sion on the practicali � �... : extended at some future ` be changed. Mr. Flora =- �r system is installed, it of providing a viable ssrsG to the property north ot Flora stated the cost for out $18,835. reen himself and Jerry �pment of his property. a. Flora stated he felt there would be anywhere from four to six lots Mr. Stinner could plat on his property. 'touncilwoman Moses pointed out that this proposed assessment of $18,835 couid �k spread across these lots, if Mr. Skinner were to plat them. tduncilman Schneider questioned how this is handled where it is necessary toput in sewer and water and half of the persons are in favor and the other lalf opposed. 1r.Herrick, City Attorney, stated the decision on how property is platted and, bre particularly, the street pattern, is a decision that should be made by the tauncil and not the individual land owners. He stated that is something the touncil, with the advice of the administration, ►vill have to make a decision re9arding the street pattern. Nr. Herrick stated, as far as the� assessments, the cost of the assessment cannot legreater than the bQOefits to the property and all properties have to be usessed equally. l�.Herrick felt, in this case, there are two options. One would be that the street is constructed so it is not adjacent to Mr. Skinner's property, if the touncil decides they will not assess his property, and anothe r option would be �deferred assessment. louncilman Schneider asked Mr. Skinner if he would be in favor of a deferred tssessment. 15.35 :� i '�� i F: °;,.� � i. � ;':;,�. i sF �; . i: i j . r'r, :i � I � : ;: ; I.: - (,.-_ -�-9L�9ZF --- � -- — - � � 00'Z9 00'�O/ - ..-8L'l%/... ....i� � . � � ' � .. � J '� I — — — '^ � �- o---=� � �,. i `a ti ' I ' �'•i '•i �•: � i . •-: ,=��' o. , � �v __`:. � e 0� o° 3�° 6 � ,l � °. � ----- ry o q° ,1a�59 � ~ �n N � --- o h D Ab ! "' -� 5 � �9 . \ � ° � � \ E�m'f \ ` t� O N j� Z w.0 V ( -. �9 �,e o� '��. °� ,�r° �} Z6 s� � o° 0 d ,o : i-ry � � ��d� o00 •j c�.� i !h � ih Z`.'! /0 fr d,' y-i' Q•lk ` r:t. o�s�d v � N� � o o � 5.5 . w\ �no Oh � a0� � � w � Q�v OQ��AR`�� Pv�� 15�p0,�pTY.' 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( , � � � h � v� . � E h ��-- `'- � r �� h � ' O r,n n � � V I V O/ m� h -�-� �,_ � o� a r °�� o o° W� � f� •` & � � /g4 �� I 1►� � I ° �,� � yoL°po o v NI .°I / °o � � �; � � • - d �`� � QI Oe�7 I g y' \ N c+\ � I .. ��' F�r — T 61 T�O� o� � rs`� � �, � 2 oO�S 66 R.S°' �si o��../o,6SoOS h � �y•otZ•M�Z:O 4 � �F'ZB . . � j, I 77.2�� , j 1 � `��l_..► � 00,6— 9a��8� N j d� r� + ry/ (�•� ti � r•f i. h ��J i 9 q �v � `'''_ � o - ' 5� ` � -o i �.,_ % v 5 00 SL _':�fS•IZ p� 158� � s �-�± j �' o. � '� �e'z� °F"c � � --- p ° = -- � � ; - ° � �-c (oi t �o � � p O -� � �0 ( � : O � ; � '� � o .�1^ � -�,hi h � t� � h oI � / � N D �� a � � ( �I �W � `� � i s I I � i � iz Sz I : 1' �ooiz oo'Sr /006 00"SZ/ FL'l9 I' ---- •- �L'1ZE•-• _.. p M , S/,9�.ON 0 p ., .. �r//.%1 ��'O7 �iooLy GL'lzF� s - - o � h _�1. � .. . � ...� _.i_ . . .__. ._ N ; t> .., :.: :,� ,�;' - - MD'I�' iVOFt f% uo.f�aS' fo �/ �S' j° aui� fr��_.. 15.36 OFFICIAL DOCUMENT ON FILE � AT ANOKA COUNTY :.:� � �� L:�i 'S�ai F .. �I �, 7�� ,.... i '—_ r. _ . , ... �.. . OFFICIAL DOCUMENT ON FILE AT ANOKA COUNTY KNOH AI.i,l�ti HS iHESE PRESr'T.7TSi That Yrust�ea of ths P�oplss Church of Columbla Hee ht�a,E�� K��r, Tr�stee e� thsir suac�seors ia offlcs, a[ii.ru�eaota Corporation, oxn�re and propri�tora, and��r�c�cner Hullders', Inc. Proflt Sharing 'hvet, contract purohaner oi the tolloring d�acribsd property sltuated in tLe Count� of Anok�, Stats of Mlnneaota, Lo vlti Lot A», Block ?hres (3), lIOORfi LA%E HILIS, Anoka Couat�. Minaeaota, acoording to the plat th�reof on fll� ard of reeord Sn the Offloe of the Ragiatrar of Tltl�s of sald Anok� Covnty. Ha�s caus�d Lh� aaae to be survey�d ard plattsd ae HfiAiHEH FiIIdS ifSST ud do hereby donab and dedinat� Lo th� pnbllo me fors�sr th� pLa� arsd olrole and aleo dsdieat� ths ��semente u ahovn oa this pLt for drainags or utlllty puxpoaes on�}r, Alao dsdiaate to Lh� County of Anolca the right of aoo�ss tr� Iots 1. 2 ard 3. Hlock 1, to County Stat� Aid fIlghrq do. 35. In rltr�as xh�rwf s�ld ?runtNS of the Psoples Church of Colwabla Heights, have caussd thes� prssents to bs sign� by !ts p oper officers t61e Ift� day of 19,�L. 6 x ej. /�.,�,�:.,51 . ry c�,L�.-�, ., %Q� �, _ � Re�erend Ibuglaa M. Eiendereon, Qtalrman Ha Hanasn, Trsaaurer By. C/% Gl. O,rn^^� /,�,�.�rl� gy. O Chsster A. Dunbar, Secrstary Keith D. Klrk, 2rustee The�.aa E� Brrcknar, Tr�stee ef � In vitnesa xhereof ealdABricknsr Bnildsrs', Ino. Prof�t Sharing Truat, haa oauaed these preesnta to ba eigned tAls �� day oi ' ' � San 19_�_�. J?. � ` / Byt _ _ ��:I"Y7.i� (�'� V�i ' . . Thomaa E, Briakner, 'I�ustee STATE OF MINNFSOTA COVNTS OF A niQ�R Ths :a:ago3:.a ss::.smea: xas aaknov2e3qed �:cre ae wti.'.s�c�y o: �%�/�;� 19_�L by R�wrend Ibuglaa 2S. Hend�rson.ita Chalrman, by CL�et�r A. Du=►bar Sts S�ar�tary� by � ' Hae�yn E. Hanssn Sta 1'tsasnrer. bJ Xelth D. %irk ite Truatee of Lh� Trust�ee of th� P�opl�e Chureh af ^o:imbia EsighLs� ard Lo th�ir �noossnors in oSfics, a Minneaota Corporatlon, on b�half of th� oorporation. .,�,�,.v...,.:... _. . . . ��2!" .r:.�: . ;r v:>._� . �o,,, . . ,. " , :• . �. • ' Nota �cy Courtty. Mlanseota — — � -- —riv�r-.-. .. ,.�--,.'.. '- - -- � COmmisllon s:pire��T.��ti t� /9fr'f - — - --- — - ,.,�.......... ........ ... STATE OF IiINNESOTA � COUNTS OF f � n [. ?��a: � Th� foregoing initr�ent vas aoknorlsdgsd befors me thie �� j� day of �� n�� , 19 �� by Thamas E. Brickner, 14�uate� of �Seknsr Buildsra�, Ine. Profit Sharing Truat. on bshalf of th� truet. • . ' n_ir-ti 7 �u,.- f' Notiry Publlc, . L w.. Cotmt�. lLiaa�aota .' 1fy Ccmiseion ixyir�a r�'� r�} , q! c I bareL7 e�rtltjr �t i r�� ea.-re7e� aad Fl.att�d tb� F�P��7 ducrib�d on t�3t pLi u a3A+ri'4 EIIIS L�SS�., that tS1s plat is a eorrret rvpr�ssat�tiea ot tL� sm-rq, ;�i� ��i+,�..-�t arv :�rr+ctlJ i9ovc oe t:� plat 1� f« : aod �undredihs ot a:oot. that all aonea�zta hai� bNn M�u7 Pk�•a �� 3-�d u sLova. ra.t the oat.id. eo,ma..r� 11o.s .r. ecrr.�rc1� e�sl;n.c.0 cn tb� pL t and tbat thers uv no �nt la�s or public higEva�s to b� dealgaaLed other tbaa u aDevn. /� / � B�itA' �/Y// 1 ld F. Hey�r, Iand Sur yor 2!lrmeaota R�giatration Ho, 9p51 STA?E OP ?LINl�Sp1'A C0f7NTi OF Antn K,q The for�going Sur��yor'e Grtifloat� vaa �alcnovl�dgad befor� e� t�ls_ Ig r day of_/�p y 19g(� by Ronald F. lSey�r. ?llmieaota lt�gistratlon !b. 9051. ._ _- Y, --- _ �� y, ��.� � -L: " : i,;;�. � ..::...:. �..: ", ; � �•,',,;� , ,��.,�. ,,.,r _.•.•.�-..�c 1 1�°tar7 Pub11o, �19K.4 County� ansao� f�� crca.::i• : � 1� Co�diaioc axpir�e T• .tla[ _� / J� N. �-�....., r..�., Z .�► J ___'s� . ° .. ..._. .------ W� do hereb7 cert�fy that on ths 1.�" r~ da of_ `�1 of F�ldley, MSrv�eao4 �pproved th�e plat, , Y ` y Y . 19 �'% , the Clty Councll W (iC�t.tt-iL� �/ `�`�`._-Mayor � �. � 1 Clerk 15.37 I here � /by aertify tFut thl� pl�t !un be.n chaciced and appro��d thle ��'t � of_.sv 1 19 P. 7 _ Oio�yr o o/, � � � �� Anoka County Sur�eyor cmr oF FRi��r 6431 UNIVERSITY AVENUE FRIDLEY, MN 55432 (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT SUBDIVISION APPLICATION FOR: T�EAT�¢ �,��5 I��,H X Piat _ Lot Split PROPERTY INFORMATION• - site plan required for submittal, see attached Address: __ !y Z/ % G�4 ,.rrQ;�� %„� /�j,� Property Identification Number: SEC 13 i 30 � 2 y �13 Qd/Q Legal Description: Lot Block Tract/Addition -- �OT �� iivv) �nr 7 I , �' Z Z Current Zoning: �-I Square footage/acreage: Reason for Subdivision: 'DEVE�on„�,�NT a� �11Ew LIPSG�ttE �o�� o� �iv U r� o T � E e> �ARCE t Have you operated a business in a city which required a business license? Yes X No If Yes, which city? rR�Q ,�C If Yes, what type of business? _ Norn� CQNS"i?2UGt/ON '' P�qcF57ATE�E��Q�o,��yT Was that license ever denied or revoked? Yes No �( _ �� FEE OWNER INFORMATION (as it appears on the property title) (Contract urchasers: Fee owne must sigr� this form pri to r ssin ) NAME: , N��,�S��,t/v,u ADDR SS: G�zJ7 ot,a C�TnAC ,<j�� iyE DAYTIME PHONE: 571- y[�Sp SIGNATURE/DATE: ot/iS,�r-� �� . ��___ - _ �AMVArIVArArN�V�VN/V�V�V NAME: _ T E I�- +t, u n S��pa ,� ;, „pxw. s�xc, ADDRESS: 2(�as Fo�e�so,�L� �/fw gQ,�.,�,��, DAYTIME PHONE: f9G�y-Qq ;� SIGNATU /L1P E/DA' FEES �� Plat: $500.00 for 20 Lots, $15.00 for each additional lot ✓ T e� == Lot Split: $250.00 Rece'pt #: �'r3 Received By: Application Number:�� Scheduled Planning Commission Date: ��- I� , ��q-1 Scheduled City Council Date: ��- !�, �c��—� . 10 Day Application Complete Not�ficati n Date: 60 Day Date: 15.38 MEMORANDUM DEVELOPMENT DIRECTOR , �. , DATE: November 6, 1997 TO: William Burns, City Manager l�� 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 Redevelopment Plan in an S-2, Redevelopment District, Generally Located at 6525 University Avenue N.E. Since the October 27, 1997 City Council meeting, staff revised the petitioner's site plan to accommodate additional parking spaces for a possible park-and-ride activity. The revised site plan proposes a total of 131 parking spaces. Walgreens had previously stated that 76 spaces would be sufficient to serve its use. The Zoning Code requires 94 spaces. Even if all 94 spaces had to be used by a use which required that many spaces, there are still 37 spaces remaining on the site: Staff also contacted Tim Yantos of the Anoka County Regional Rail Authority. The Rail Authority has determined that there is not a need for buses to use the proposed Walgreens site. There is adequate right-of-way along Mississippi Street and University Avenue to accommodate a bus stop or bus lane. The Rail Authority was also asked if parking spaces at the rear of the site in back of the building would be adequate for a park-and-ride function. The Rail Authority had no problems with the 24 spaces at the rear of the site. The site plan was faxed to Semper Development Ltd. on November 3, 1997. As of the writing of this memo, staff is awaiting their comments. Stipulation #1 is recommended to be changed to amend the site plan to include the proposed changes to the site plan. Given the City Attorney's comments at the previous meeting, staff is suggesting that Stipulation #5 be replaced with the following stipulation: 16.01 Semper Development ZOA November 6, 1997 Page 2 � 5. The petitioner shall cooperate with the Anoka County Regional Rail Authority to ` accommodate 24 parking spaces on the property to be located at the rear ofi the property or another location which does not jeopardize the parking required for the building. The City Attorney has also suggested that the City, during its Comprehensive Plan update process, identify University Avenue as a transit corridor. Once identified in the Plan, the City may then pursue an official map process if necessary. The remaining stipulations have not changed since the October 27, 1997 meeting. RECOMMENDATION: Staff maintains its original recommendation to deny the request. However, if the City Council chooses to approve the request, the attached resolution is recommended for approval subject to the stipulations in Exhibit A, with the following changes to Stipulations #1 and #5: The development shall be constructed in accordance with the site plan dated September 12, 1997, except for the changes noted in the revised site plan prepared by City staff dated November 3. 1997. and unless otherwise provided for by the stipulations of approval. 5. . The �etitioner shall cooperate with the Anoka County Regional Rail Authority to accommodate 24 ap rking s�aces on the �ro e�rty to be located at the rear of the r�o e�rty or another location which does not jeopardize the �arking r�e uired for the building. BD/dw M-97-465 16.02 . � �J�� ? f� k% � �,� ��l �� . . � � � � ��. . � �� "� � . .�IEI�IOI R��'DI LT.�I DATE: TO: FROM: SUBJECT: NOVEMBER 6, 1997 MAYOR AND C/TY COUNC/L C/TY MANAGER STEVE B/LL/NGS, COUNC/LMEMBER WARD ONE NORTHEAST CORNER M/SS/SS/PP/ AND UN/VERS/TY /t is my understanding, aftei ta/king to the County Engineer, that the County is not inc/insd to issue a peimit for moie than one driveway at fhis sight. Further, in 1990, and again in 1991, the County Engineering Department was concemed with tiaf�c into and out of this site, particu/ar/y the /eft tum in. Tfie County agreed to the median configuration as it now exists witfi a provision that if theie was major back-up of tiaf�c into the east bound /ane, they wou/d c%se the /eR tum into this sigfit. As regards LRT/Mass Tiansit, ona of the major concems in 1990 and 1991, was to minimize the amount of bus and auto trafFic in the adjacent neighborfiood as it ie/ated to a potentia/ station at the comer. Whi/e the Anoka County Regiona/ Rai/road Authority has stated that they wou/d be ab/e to provide bus and auto access to the station without requiring a stipu/ation on this site, it must be rea/ized that without access across this site, traf�c wi// /ike/y need to use the neighborhood streets if a station goes on this comer. The abutting property on 66th Street that is not a part of the site p/an is not under the contio/ of the petitioner and therefore the petitioner shou/d not bs required to app/y foi a change in the zoning. This sfiou/d be the responsibi/ity of the property owner, if desiieal. At the meeting of November 10, 1997, / wi// offer the fo/%wing changes to the stipu/ations. c Stipu/ation #��ha// be de%ted and tfie iemainder of tfie stipu/ations sha// be renumbeieal. Stipu/ation � 5 sha// be de%ted and the fo/%wing sha// be substituted: The deve%per acknow/edges that the iight of way of TH # 47 may become a mass tiansit corridor and that a stop or station may be bui/t near Mississippi and University and that these events may cause easements to be sought on portions of the site bygovemmenta/authorities. Add the fo/%wing stipu/ations and numbei accoialing/y: 21, The seventeen stipu/ations from 1990 and the seventeen stipu/ations fiom 1991 are herewith de%ted. 22. A// of the /ots inc/uded in ihe site p/an sha// be combined to form one fax parce% 22 23. Stipu/ation # 13 from 1991 sha// be restated and added as fo/%ws: The deve%per acknow/edges that, the cunent ioadway configuration and the tiaf�c studies from 1990 and 1991 notwithstanding, the appropriate govemmenta/ bodies reserve the right to change and a/ter the a/ignment of the roadway, inc/uding the /ocation of the median, RSSOLUTION NO. - 1997 RSSOLUTION APPROVING A R$D$VSLOPMSNT PLAN AMENDMENT TO TH$ S-2, R$DSVF�LOPMENT DISTRICT WHEREAS, the City Council approved a rezoning of property generally located at the northeast corner of University Avenue and Mississippi Street from C-1, Neighborhood Commercial and R-1, Single Family Residential to S-2, Redevelopment District on August 1, 1990; and WHEREAS, the property is legally described as Lot 9, Block 2, Rice Creek Terrace Plat 1, Lots 12 through 16, Block 3, Rice Creek Terrace Plat 2, and Lots 10 through 12, Block 2, Rice Creek Terrace Plat 1; and WHEREAS, the City Council approved a redevelopment plan for a multi- tenant retail center on June 18, 1990; and WHEREAS, the City Council approved an amendment to the 1990 plan on February 25, 1991; and WHEREAS, the City Cou�cil has received application from Semper Development Ltd. for a plan amendment to the S-2 District; and WHEREAS, the Housing and Recievelopment Authority has recommended approval of the amendment in accordance with the S-2 District requirements; and WHEREAS, the Planning Commission conducted a public hearing on the matter on October 15, 1997; and WHEREAS, the Planning Commission recommended approval of the amendment on October 15, 1997; and WHEREAS, the City Council finds that the proposed plan meets the intent of the S-2 Redevelopment District. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Fridley do hereby ordain that the plan amendment by Semper Development Ltd., as represented in case file ZOA #97-07, is approved subject to the stipulations listed in Exhibit A. PASS$D AND ADOPTSD BY THB CITY COIINCIL OF TH$ CITY OF FRIDLRY THIS DAY OF , 1997. ATTEST: WILLIAM A. CHAMPA - CITY CLERK 1s.o3 NANCY J. JORGENSON - MAYOR Page 2- Resolution No. - 1997 EXHIBIT A 1. The development shall be constructed in accordance with the site plan dated September 12, 1997, exce�t for the changes note� in the revised site an �re8ared by City staff dated November 3 1997 and unless otherwise provided for by the stipulations of approval. 2. 3. 4 6. r� 8. 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. 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. =- -_ ==---_ _- -- = - _ - - -- -- �- .- .�- - ...- - � �- � . . -. .�- �• • • ��_ - �. � �• �_ - • - • •�- • •- • - • - - • - � • � - • • - • • � _. •�- • -��, • - - �. L.�• -�� -• • �- • • • 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 sriall have review each use within the building prior to determine whether or not it is consistent with the Center City Redevelopment Plan. 11. All lighting shall be shielded such that the glare does not adversely affect residential properties. is.o4 Page 3- Resolution No. - 1997 12. Al1 parking and driving areas shall be lined with concrete curb. Spaces identified as "proof of parking" shall be installed at the request of the City. 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. 19. The petitioner shall file a rezoning application for the single family lot abutting 66`h Avenue by January 1, 1998. 20. The petitioner shall execute a storm water pond maintenance agreement to maintain the detention pond at the north side of the site. 1s.o5 KEY TO SITE PLAN REVISIONS 1. The site plan on all parking spaces shows a 20 foot depth abutting the setback areas or the sidewalk in front of the building. The definition of a parking space in the code will allow for a depth of 18 feet accounting for a typical two foot overhang of a car into the setback area. Adjusting the site plan then saves 4 feet of distance between the building and Mississippi Street and University Avenue. A 25 foot drive aisle is still required. 2. Closure of the second driveway provides 6 additional spaces. 3. Shift the easterly driveway to the west aligning the eastbound exit lane at the end of the median in Mississippi Street. Create 4 foot median between 18 foot inbound lane and 2 12 foot outbound lanes. 4. Create 18 additional spaces in large expanse of asphalt area. Align a striped median with alignment of inedian in driveway. Create a raised median at west end to define an 18 foot wide one way aisle to drive through/pick up window. Create raised concrete area on opposite end to flank the aisle. 5. Create nine spaces to the north (leaving 15 foot setback) to create a 30 foot drive aisle for large trucks to use to access rear of building. Create a concrete curb at west end to prevent parking in this area. (Could also create an additional space along east lot line if desired). If absolutely necessary, this row of parking could be eliminated. 6. Create 24 space "proof of parking" along rear. Site plan shows a 20 foot deep stall which could be reduced to 18 feet, plus the additional 4 feet which can be saved, reduces impact to pond area. Pond area could be expanded along east lot line in addition to four foot reduction identified earlier. 7. 131 total spaces available on site. If 34 are "proof of parking" (east lot line's 10 plus 24 on rear) leaves 92 spaces available. 76 previously identified by Walgreen's as necessary. If use changes and 94 spaces required by code is necessary, still leaves 37 spaces remaining. 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" """' """' "". . i '�'i�I '�A�T �ZIS2I�Ii�If1 ' 16.07 � STAFF t�EVISED PLAN 11/3/97 67 A�E NE ��L � P�� SATH.IJTE LN NE 1 /��yw_ � Znnirg Desigia6ors: � r�, - a,e F�y u,� 0 1�2 - Two Fartiy Urrts � F�3 - Cxneral Ah/tiple Urils fi 4- M�bile HOrrie Parks � PUD - Plarried Urrt Devela�xr�nt _ S1 - H�rde Farlc Nei�hbori'iood � s2 - �� a�x 0 G1 - Lod 8usness � cz - c�,� e�� - G3 - C�ener'al Shopping � GR7 - Gener�l Office � N4�1 - �9ht Industrial 0 N42 - � �r�d� _ M3 - outdoor �ntensive li�vy �nd. � R{� - F�iUoads 0 P - Rblic Facilides p wAr�x I-1 PoGHT-0F WAY � � � � 67 A 67 A�E PE 66 AVE NE fDl/iIiBAVElE FOIf:�E9AVElE 63 A�E HE ZOA 97-07, Plan Amendment Semper Development, on behaif 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. 16.08 Z � N N A 2/�/97 63 AVE �— � t— / `'� f I. 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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 I, necessitates additional review by the City to determine the spectrum of opportunities for I 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 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: Staff and petitioner to come to an agreement on the drivewa�. Stipulation #5 was deleted. GITY COUNCIL RECOMMENDATION: Staff recommends the City Council deny the request to amend the approved development plan. 16.14 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 66�' 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 66th 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: 76.15 Project Summary ZOA #97-07, by Semper Development Ltd. Page 3 WEST: OUT : EAST: NORTH: ADJACENT SITES: Zoning: C-3, General Shopping Cntr Zoning: S-2, Redevelopment District Zoning: R-1, Single Fam. Dwelling Zoning: R-1, Single Fam. Dwelling Site Planning Issues: REQUEST Land Use: Holly Center Land Use: Offices Land Use: Residential Land Use: Residential 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. 1s. �s 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 66�' 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 16.17 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`h 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 pa�t 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, 16.18 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 between 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 two feet around the perimeter of the site could save a substantial amount of parking area. A 25 foot wide access drive befinreen 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. �s.19 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: tS aff and p�titioner to come to an �greement on the drivewa�C,, Stipulation #5 was deleted. 16.20 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. 1s.21 cir�r oF FRio��r ,��,�j f ��,,{,�� 6431 UNIVERSITY AVENUE � � �� FRIDLEY, MN 55432 � a � � � (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION FOR: PROPERTY INFORMATION: - site plan required for submittai, see attached Address: /„s2� c�.��u��zs��,� A�� F�2ar.e� Mv Property Identification Number: - o- 2- 2- i o � - 30 - -2 - o00 � Legal Description: Lot ��ow Block a�� Tract/Ad ' on �� ° n-- - ^ ^-- ----- - - - � I .. . .. _ .. , � 2 Go s 3/ /S o� 3 ' + Current Zoning: Square footage/acreage: F�� 3. 8�1� �_ Requested Zoning: — --�- Reason for Rezoning: ' i�L/.i.J AM w �[J7 %b - �L p/S?/IlG7 Or, Section of Zornng Code to be Changed: -- (Attach requested language) Reason for Change: -- t �� :w � M. .� _�' z ��_�os�= � �� 1. oo,sg° �:.��, - ;�„,. �.241.� �O sq, 0 o;�c"i � c.�: �� , . �'- �• ' � �i4xs - . � E;, ,�v,�'a.a `aK`: � ...m , �'' �a: � � ' ; ,� �� ,�� & _ �, �'< � =� ��- � " �'' �.; .�'_ � '� :' :'= 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` =- � F�No � -�-� �.' � . ._ .; :� .� �:# Ar,V�YV�V�V�VA/�1VNNiV�VN�V1VN�/V�iVti�V��VNtiAr�V�V tiA/1V�V.V�V�V�1V�V/ � , i . . : � � '.F".:.'�2 FEE OWNER INFORMATION (as it appears on the property title) � L�,� �; (Contract purchasers: Fee owners must sign this form prior to processing) �� NAME: A . � F� � a�,�� s ADDRESS: o,�,=:�s',� ,Qic� , ,a�nr.e Ss 3�� . _ �, DAYTIME PHONE: : '.3?R='cb5�i . :: SIGNATURE/D TE:°:" , �.� „ .�. _.. . : ..,: �,.. _ .. : : ,� . � � - .r........,ti.....,w.,...,... � �r........,.., .. .. ; . F_. _ �".. .....,...� ., . .., .. � u a PETITIONER INFORMATION �-� —' NAME: 5� p.e,e �v��n�,xn,�r 1 �-o . � � ADDRESS: � ,r � ,� .�' c000 ' �-� � „ �« >.v ' oc,is sS' DAYTIME PHONE: 332 ->soo SIGNATURE/DAT • °"''" , N�; �V�V�VtiArAr1VAr�VArN�VAr�V�V'VAr�rArVAr�V1V�V�V�VtirArANV,V�V�V�VArN1V /'' O~�� rq+�V�VA FEES 7� -; �,; '� Fee: $500.00 _��,Rez ing �$300.00 Zoning Text Amendment ��; .; Application Numbe�� Receipt #: � 1 Received By: ;,. Scheduled Planning Commission D te• S ` Scheduled City Council Date: - 10 Day Application Complete N ti cation Date: ' 60 Day Date: _ � _� u . ,. , r . : <;, a �:; � r � ��t: � � � � � '� a ..� �_ , . ' `.. . . . .�;�`� �, d � ,,, ,�� , - 5��y�,�� . � BENSH�OF & 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 FIIE: 9•�-,�S REVIEW OF WESTERLY DRIVEWAY ON MISSISSIPPI STREET FOR WALGREEN'S SITE LOCATION OF EXISTING DRIVEWAY - clear sepazation of 150 feet from University Ave. SLT�vIMARY 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 RECOMMENDATION: Relocate west driveway 120 feet to the east (increase queuing distance by 80 percent) in order to enhance quality of traffic operations on driveway. 16.23 e 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 TRIP GENERATION CHARACTERISTICS FOR PROPOSED WALGREEN'S STORE AT UNIVERSITY AVE. N.E. AND NIISSISSIPPI 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.l 16 21 37 19 9 28 30 40 70 36 15 51 PRO7ECTED 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 - e � 44 42 86 NET INCREASE IN P.M. PEAK HOUR TR1PS AFTER WALGREEN'S Entering trips - 7 (44 - 37) Exiting trips - 14 (42 - 28) Total - 21 1s.24 � � ,; a+�t+:4 � �+ a;q'4 a°"" � � l%�t%s � ,.{' �a� E,,,,y�,� :'.e't ';.a �a�i�, �, �� . ,�y_......_. .___.zz.. . .._.__.___._...__-.-...-�_......�..__::_........... .__A a . -.:°^'"°�°°"'t `� �': � , - . � : � �. : �. i: : . � .,.., , .. . , � .,. . t . . : t . - . ; . � : . . . . .....�.:�.:: -+-.----,. _.— . , . .... . . :....�,�,..r _ � j .... .7 ., . . � � . ... , : � .- � . .: . ....--_t..A.�,.�„ - . . . .... . . s . y :.. ......._ �� : .' . ... -` . # : ;.�. # `i ; , ._... . � a i? `f£ �. .. .. .�� . ' i >... -.a_ r.._ . .. ; ,1.. � . _ . . .: : . r >.. _.... .. ,........ . _ ......__"" _ _ _ ..__. _ ... ... :# � . „: . . ..., ,:.�:- ..., . . � [; . � . .... � . : : . I ! t. . . .'�..:. . . . � ' ' ' "" .. ... . � ,� .z . ; y .. _ . .,� � . _.. � ' . _ ; � , '__ .; _ .._... { ; `... ,` � �, ... _ .... � i . � � T;� t � .. �� ..T� f , j- �� , :At .�'s.�' 4.�x�rsT+a.xa ,.. . ,. : . ... . . . . _ ... - �.. : ��_ �.. ; . - .... _... V . ! _ " sz �.:.5- .: �>..� Sr : : .. . ._. . : . ' � � :;i �y :' �.. ._ '�.:...��:.": 7 � ,--- � ,,,. �..1� � � ��'� i ,_ f , � €_; ....__. ._ ._ . _ �_,e 1...._ . .. _..._ _�.... 4 � ?';' ......� ��,: i: e. �% Y - � _ � _... .. # • �� __• -- . ;� ... ..... ............� .... . ..... . �; .. ..._.._ . . f . . ..... . .. .. ..... .......... . .. ... . ._........ . __�.. _ . __ � ..a..�:.�.:..�:...�.. -...t . ..__.._. . . ... . ._..... �. ._. W . ..: � _......_.=- -.��::��:::.:.::.... . ... .. . ... .._• ^ . . �:.. ;�;.. .-._..:_::...Y .�..... - �� . ..- �- ... .. . ... - .. �,� -� . ^ -�. � � �� ;:�`�' ;. . ,. . �� . SEMPER DEVELOPMENT, LTD. �BENSHOOF & ASSOCIATES, INC. TBANSPOH7ATIONENGINEERSANDPLANNER3 TRAFFIC REVtEW FOR PROPOSED WALGREEN'S STORE IN CITY OF FRIDLEY N �� 0 80' RECOMMENDED ACCESS PLAN 10/22/97 13:50 FAX 612 754 3532 ANORA CO HWY DPT �J001/002 _' — --�._. �.. _ COUNTY OF AN '' -. O K A Public Services Division HIGHWAY DEPARTMENT 1440 BUNKER LAKE BLVD NW, ANDOVER, MINNESOTA 55304 (612) 754-3520 FAX (612) 754-3532 JANE K. PEMBLE Tref(ic Englneer October 21, 1997 Barb Dacy City of Fridley 6431 University Avenue NE Fridley, MN. 55432 RE: Site Plan Walgreens Dear Barb: We have reviewed the site plan for Wa(greens to be located north of CSAH 6(Mississippi Blvd.) and east of TH 4'i (University 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 will 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 rebuilt. 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 al! applicable Sight Distance requirements can be met for this site, The City and the Developer shall ensure that the development of this site witf not include any landscape. features that witl obstruct intersection site distance at any access location. Since this site is adjacent to a trunk highway, State Statutes require that the Minnesota Department of Transportation review these p1a1�s as well. Calculations must be submitted along with a grading aiid erosion control plan that delineates the drainage areas. The post-developed rate of discharge to CSAH 6 sf�all not exceed the pre- deveIoped rate of discharge for the 10-year, 24-hour storm utilizing the "Rationale Method" of design to determine the rate of discharge. An access permit and 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. 1s.2s Affirmative Action / Eq4_:._ �M�,o,YUnity Employer 10/22/97 13:51 FAX 612 754 3532 __ ANORA CO HWY DPT f2J002/002 -2- Thank you for the opportunity to comme��t. Any permanent traffic control changes associated with diis development will require further review upon receipt of final plans. Feet free to contact me if you have any questions. Sincerety, ` l Jane Pemble Traffic Engineer xc: Roger Butler, Traffic �ngineering Technician xc: Mike Ke11y, Cltief Right-of-Way Agent xc: Sktp Anderson, County Surveyor xc: Sherry Narusiewicz, Mn/DOT Planning (Water's Edge) dmh/1 WALGREENS 16.27 Cit�►of fridley c.vvE OF_THE CITY OF MINNESOTA BY M. CHANGE IN ZONING DIS The Couneil of the City dces ordain as follows: . SECTION 1; qpp��dix C Code of Fridley is , an here(nafte� tndicafed. Be'and is hereby rezone� sfipulafions adopted af fhe dl meettny of June �g.t99p,;; SECTION ' �, The ,-tracl witAin the County p/ � Cify of Frtdley and destp Lot 9, Black'p, Rtce'Gr'ej Plaf i from R•1, Sinyle Fan ��9. to 5-4, Redevelopmen ihe same being 355 IN7ssjssiF N.E.; and lot 12, Block 3, Rite Creef� Plat 2 from R-1, Sinple Fan1� ��9. fo S-?, Redevelopmeri�; the same be(�9 368 - 66tA N.E.: and : ' Lots 10.11 and 1Y. Bloci�'�' Creek 'Terrace,Plat 1, ex� Soufh 30 feef fhereof, atcorslii recorded plaf tAereot on R1� record in f1�e office a/ The Cd corder� -Anoka , CountY. Mi and Lois �3; U, 15 and 16,`;I Rite,Creek Terrace Plat 2,`aj fo tf�e �ecorded ptaf fhereoL' and of �record in the"offi'ce Counfy:' Recorder, Anok"a ' Minnesota, from R-i, Stnyle Dwetlin9, and-C-1. Lxal Busi 5-2, Redevelopmenf DisfrD same bein9 6525 Univers_tfy N.E. Is hereby desiqnated torbe Zoned Disfrict S-2 (Rede'vel Disirict). . :>�i SECTION 3. That the Zoni minisirator.is direcfed to chai official zoning map to jihpi irects or. areas-to be rezonEi Zoned Disirict R-1 (Sinyle I Dwelling) and C•1 (LOCaI Bus(n S-2 (Redevelopment District). - PASSED AND ADOPTED..B� CITY COUNCIL OF THE`Ct] FRIDLEY THIS 9TH DAY OF:�: 1990. ^ WILUAMJ.NEE-MAYOR ". ATTEST: � " �-. SHIRLEY A, HAAPALA - CLERK PublicHearing:June1,1990� : First Read'mq: .lune 18;1990 ,. N/ Second Readtng: Ju1y q,19qp "�� Publication: July 18.1990 - Republished: August 1,1990 � Republished to correct"Se Reading date-incorrectly`publ as July 10,1990, (PubHshed in ihe Fridley , I Aug. isf, 1990). 16.28 ANOKA COUNTY REGIONAL RAILROAD AUTHORtTY (ACRRA) Pa� nn�can� a,a�r�an ��, Vioe cr�eim�r, Dan Ertiart Bob Burnan N�tal'�e Haas S�ffen Jm A Kordfak �fidc Cenaiko June 14, 1990 The Honorable Wiiliam Nee Mayor, City of Fridley 6431 University Avenue N.E. Fridley, �/1N 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 potential of a light rail :ransit 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 --Q- %,�`�► Telephone (61 � 421-�F760, e�er�sion 1171; Fax (612) 422 7511 � Ar�olca Ca.iily Courtlia� A,dm'r�tration afio� 3�2.5 E Mait Stree� Ar� MN 5.530Ci 16.29 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. �incereiy, �J�'^'� �� C ��C,°t�'� 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 16.30 Scott L. Barrett 357-66th Avenue NE Fridley, MN 55432 692-572-8791 Semper Development Ltd 600 Foshay Tower 821 Ma�quette Avenue Mpls, Mn 85402 Fax: 612-332-2428 John Kohler; With the conclusion of our meeting of September 30, 1997, you /eft my wife and myself with a very good idea of what the amendment of 6525 University Avenue NE �l/ look like if the proposed p/an is approved by the city of Frid/ey. With the following changes that the residents of this neighborhood have requested of Semper Deve%pment Ltd. Installing a 6 foot +wood fence on the north and east sides of the parking !ot of the proposed plan. Installing the fence as close as possible to the parking /ot. Eliminating parking area on north and east sides of lotQust dotting in that you could actually put those spots there). Substituting another type of tree instead of willows on the north side. Placing additiona/ pines on the north side of the /ot Lighting shall be p/aced so it is shie/ded from the r�sidentia/ area. With these proposed changes, we ane in favor of Semper Deve%pment LTD to build the proposed plan, a 13000 square foot Walgreens stor+e instead of the Previous/y Approved deve/opment p/an. Residents of Frid/ey Scott L. Barrett Annette Barrett cc: City of Fridley 16.31 Er�gin....., �q [n S e W Y N':�ICrI `a� � O �nrM, O 3 s�.cecs � c� rna�„�.,n� , w� ¢ m 0 � a MEMORANDUM TO: Michelle McPherson, Planning Assistant , PW97-252 FROM: Jon H. Hau' kaas, Assistant Director Public Works DATE: 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 permit 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 existing 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. 16.32 l�`: �-� _� _ C�TY OF FRIDLEY FRIDLEY MUNICIPAL CEtiTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(612) 571-3450 • FAX (612) 571-1'_'87 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 l, 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 Hackberry 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. 1s.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 1s.34 Scott Ericson June 20, 1990 Page 3 that revised landscaping plan the contained in stipulation #2• ;T Reaional Rail Authoritv. comments recommended by staff and Finallv the landscavina alon � _. _ L_ �.L.e r�rnT1PT'tV Although the City Council and the Mayor mentioned at t�ovmngtth� that the second and final reading of the we will not schedule the rezoning would be scheduled in two weeks, second and final reading until the deve ��pm respon ible partiesn approved by the HRA and executed by Further, as much of the stipulations as possible shall be completed prior to final approval by the City Council. . I will provide you and we canP discussten Also,a the draft easement attorney can review documents for the LRT usage alsoAneed no b� eement so th t wehcan 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 Ystaffland the C ty Council review of the comprehensive sign plan by The building prior to opening of the center (stipulation #16). plans should reflect stipulation #17• Should you have any questions, please feel free Jock Robertson will be contacting you shortly schedule for the development contract approval. Sincerely, Barbara Dacy Planning Coordinator BD/dn C-90-364 cc: Jock Robertson Tim Yantos Frank Reese 16.35 to contact me. regarding the � � : _ CtTYOF FRlDLEY � FRIDLEY MUNIC[PAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55433 •(612) 571-3450 • FAX (612) 571-1387 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 16.36 Fridley Town Square Associates February 27, 1991 Page 2 open air, consistent with the original approval in 1990 (stipulation #17)• The petitioner shall install baffle filtration system. June of a double 6, The property owner shall work Wedestriann�connectionsegwhere Rail Authority to provide p or sidewalks. appropriate into the site, including striping 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. 10. 11. 12. 13. 14. 15. submit to the City, to between 11:00 a.m. and No other restaurant consent of the City.in this development project without the An 8 foot wall shall be constructed around the project and extended to University Avenue. 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. The 17 existing stipulations approved in 1990 shall remain in place. 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. 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 The allowing no left turn into or out of this project. developer is encouraged to make this infornaation known to all tenants. 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 �� n t Ce tto the developerion of the City, within 30 days af 17. The City staff shall have the absolute right to request a traffic study after one year to be funded by escrow money and, is.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. i6.38 G Concur with action taken Extand Wall 1 -18' ST. SE -t0' GAS RA(N---\ MH —�-------- � --- ____--------- � -r — I 8' VCP SAN. SEWER — — — — —� __�__�________1_ - - ---t - - -f-- - - _ . I� :.I.P. VATER MAIN — -- — -- � — — —j - — — — r'"_ — — — — — —'_ W SSISSIPPI � N � STREET � a � u oe . NQf E• m 3EN0 EX�STING CURB 9 GUTTER E%ISTING CATCH BASIN EXISTING MANHOLE P40POSED CURB a GUTTER PAOPOSED CATCH BASIN AqL�LC PARKgINGL`gLO�T� �.SyTyRpI�PPINgG�I ONE W4Y ARROW54 HC� SIGNAGEES) ETC. SHALL 8E PAINTEO NMIfE � PAIPiT H.C. SIM90lS AT E1�C1-1 FLC. ' STALL. 16.39 �.vrv � r«a.i •u�� i a I �� N 1 kqjH tJ�LLV�UF SEE SH. A3 EXISTING !i ' SEE SH. NO � FOR OEC. o�c. FIOI ONE= - TRAF .. � � � MAIN - — � SEVER — - � �R WAiN— ' ► , �2 I.5 MEMOR.ANDUM DEVELOPMENT DIRECTOR DATE: November 7, 1997 � TO: William W. Bums, City Manager� FROM: Barbara Dacy, Community Development Director SUBJECT: First Reading of an Ordinance Recodifying the Fridley City Code, Chapter 205, Entitled ,� Zoning , by Adding New Section 205.29, 0-5 Telecommunications Towers and Facilities", Amending Sections 205.06, 205.17.01.C.(7), 205.18.01.C.(7), 205.19.02.C.(5), 205.20.01.C.(1), and 205.12.02.A.(7), and to Amend Chapter 11, "General Provisions and Fees" Since the public hearing on October 27, 1997, staff has revised the proposed ordinance as follows: Reformat the text to match the City's format for Overlay Districts (the original format was prepared by the Fredrikson and Byron Law office). 2. Clarify the procedures for reviewing towers and wireless communications facilities as permitted uses on approved sites and special uses in industrial districts. If there is a request to add a new "approved site", the ordinance requires a process similar to a rezoning application. Additionally, we have included language that establishes that installation on the sites identified in Appendix A will be reviewed by staff as a permitted use, unless it is a City-owned site. In this case, the City Council would need to approve a lease agreement. If the City-owned site is a park site, it must also be reviewed by the Parks & Recreation Commiss�on. 3. A requirement has been added for wireless providers to submit technical evidence from an independent geological engineering consultant confirming that the soil is capable of supporting the proposed tower, antenna arrays and equipment. In addition, a structural engineer will have to prove that the area proposed for a monopole or tower is adequate to completely contain the structure if it should collapse for any reason (note: a Millerbrendt monopole is designed for hurricane strength winds and there have been no incidents of total collapse). i 7.01 Telecommunications Towers and Facilities November 7, 1997 Page 2 4. Sections have been added to clearly state that a building permit is required, and that the facilities are to be located in the rear or side yard areas. 5. A fee schedule has been proposed: a. Review of sites to be added as "Approved Sites' ;$500 (same as rezoning fee). b. Review of installation on an existing "Approved Site" (permitted use); $400 (same as special use permit fee). c. Special use permit in industrial districts; $400 (existing fee). d. Lease agreement with City; $400. This would be paid in addition to the $400 fee in item b. if an installation occurred on an approved site which also was City-owned. e. Building permit fees as required by the Uniform Building Code. Inspection fees may also be required and are established through the adoption of the Uniform Building Code (at present it is $30/inspection). Consultant fee reimbursement, if necessary. If a consultant is needed to review application materials, the applicant will be required to reimburse the City for its costs to retain the consultant (similar to City requirements to review wetland applications). A copy of the revised ordinance will be sent out to the industry representatives. While the ordinance does not propose substantive changes, the industry representatives may have additional comments. The revisions are also being reviewed by the City Attomey and Fredrikson and Byron. A letter from AT&T Wireless Services' legal counsel was submitted on November 6, 1997 (attached). Staff is reviewing the letter and will respond to the three suggestions on Monday evening. RECOMMENDATION Staff recommends the City Council approve the attached ordinance for first reading with the understanding that additional minor modifications may need to be made prior to second and final reading on November 24, 1997. :� M-97-467 17.02 Sent by: ORB MINNEAPOLIS DOHERTY �tJ1�iLi.JLJ & BUTL�IZ I�:�•i-i�� I:i'v��l .�t.•.�.�-l�il�r, 6123405584; ...�, �,. .,. , �..... :., � �..,. . , „ ,,,,. .,,,. I �1'..�.ill� I �I!�i V��.�� ; I . .. .��.1.� � � .. M1Lrn..��..h�, ,��i.n„ ..�.: .,.�:i_� �. . .� ��i i .,.�1 '�.i ��,� .,�.. �n.i �•i � I,�I�y•F,u�.� u•.:, ��Ii! �� • � I.�L �d�.� ir �.�� i ' � ... � n, . ,-, :,,, ..:� , �,. . � .:� � . AIU.rury.,.� I..�w i.� . i ..b�,i.qal� ��..,. November 6, 1997 Mayor Nancy Jorgensan and Members of the City Council City of Fridley 6431 University 4venue NE Fridiey, MN 55432 340-5588 Re: Wireless 7elecommunications Oidinance Dear Mayor lorgenson and Council Members: 11/06/97 2:03PM;J� #499;Page 213 i U�� N.�a 1��r1 'k. ��n�. P� ID ..°'m � ry�i LJ,u � rni.�� .�i. n�� l'r.r.lun�;h,i. I � l A�pi'� �. �, � L.u, �.'n �i 1•�.t ". '.I ,.,,,�:,,� ,.,� ;<<, i:ia� �.,,.�,�...�,d� •.,��..� l �,ir.•i. l ..I.�c.J.� ;Ill':1�: '��.':� I.�l��•h�•i�r � :�I:I (/: �.:ui �;:,,,,,,,.::.� �...� , i;.•i,i,. �,• n��.��„.,�...i�.,.�,�., Bc;ckp@cirblaw.cam This letter is to set forth in writin� the comments made by AT&T Wircless Services at the October 27, 1997 public hearing on the proposed wireless telecommunications ordinance. The proposed ordinance sets forth as one of its purpases: (c} To promote and encoura�e shared use/c�llocation of Towers and existin� Antenna Support Structures as a primary option �ather than construction of additional sin�l�use Towers in order to minimize the adverse visual impact of Towers and Wireless 'I'elecommunications Facilities. "Antenr�a Support Structure" is defined to mean any building or other structure 30 feet in hei�ht or taller, other than a Tower. Therefore, one of the purposes of the proposed ordinance is to promote and enwurage the use of exirtin� towers and buildin�s 30 feet or taller for shared use/collocation of antennas. However, the ordinance as drafted does not allow additional antennas to be added to existino towers; and does not allow antennas to be placed an existing buildings. lf chis is not corrected, the new ordinance will result in more new towers than necessary. To meet the purposes of the ordinance, and to allow for collocation of antennas on existin� towers and buildin�s, we recommend the following amendments to the proposed ordinance: Section ZOS._.3(b) be amended ta read as foll�ws: (b) lnstallation of additional W'uetess 'I'elecammunicaaons Facilities beyond those in existence on the effective date c�f this ordinance on existing Towers is permitted, except that the height of an existing T�wer may nat be increased unless the City Council has rezoned the site to the 1'�lecommunicatians Overlay Zone ar approved a Conc��og�a�Use Permit for the Tower. 1 V Sent by: DRB MINNEAPOLIS DOHERTY R�JMBLE & BUTLER I'N��bl.'•:�It�.V�\I. A�S�x��nl'I.�n 6123405584; 11/06/97 2:03PM;J� #499;Page 3/3 Mayor Nancy Jorgenson and Members of the City C�uncil November 6, 1997 Page 2 This amendment would allow additional antennas on existing towers so that a new tower will not need to be wnstructed, but not allow an increase in height of thc existin� tower without City Council approval, We also suggest that Secbon 205._ 4 be revised to allow antennas on existing structures, by adding a new subsection (c), as fallows: (c) Existing Antenna Support Structures. Wireless Telecommunications �acilities, including antennas, may be installed on existing Antenna Support Structures as a permitted use, provided that; {i) (ii} Antennas do not extend more �han fifteen (] 5) feet above the Antenna Support Structure; and The antennas and related f'acilities comply with the appticable requirements of Sections 205._.6 thraugh 205._.l8 of this ordinance. This language would allow antennas on existing buildin�;s to eliminate the need for additional towers, subject to all of the applicable performance standards c�f the proposed ordinance. The amendments propose� in this letter will reduce the need for additional towers by making antenna sites available on existing structures. We believe this is consistent with the stated purposes of the proposed ordinance, and in the best interests of the r.itizens of Fridley. We appreciate your consideration of these su�estions. Sincerely, ��,� �/� �% ' W � Peter K. Beck PKB/eka cc: Barbara Dacq Adrian Herbst Ron Mielke BuckP 533963.1 17.t�4 ORDINANCS N0. AN ORDINANC$ �•�AiA Rg�'�DIFYING THS FRIDL}3Y CITY CODE, CHAPTBR 205 � �a—C.�VTa4 �s �«��T*� �� —aiTi ici�A��s�s�aii �ci��cri�r �� sv aa $NTITLI3D `•�nNING" BY ADDING NEW S$CTION 205.29, "0-5 T?3LBCOI�iUNICATIONS TOWERS AND FACILITI$S DISTRICT°• TO AM$ND SLCTIONS 205 06 205 17 O1 C.(7). 205.18.O1.C.(7), �� 19 02 C(5) 205 20 O1 C(1) AND 205 12 02 A(7) AND TO AMi3ND CHAPT}3R 1� "GSNER.AL PROVISIONS AND FSBS" � WHEREAS, on February 8, 1996, Congress enacted the federal Telecommunications Act of 1996, P.L. No. 104-104, to deregulate the telecommunications industry, providing a more competitive environment for wired and wireless telecommunication services in the United States; and WHEREAS, a concomitant 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 technologies; and WHEREAS, the Telecommunications Act of 1996 preserves the authority of the City to regulate the placement, construction, and modification of Towers, Antenna Support Structures, and Wireless Telecommunications Facilities, as hereinafter defined, in order to protect the health, safety, and welfare of the public; and WHEREAS, the City solicited industry comment regarding the Ordinance in order to facilitate industry input and suggestions concerning the proposed Ordinance and to work through various alternatives and possible revisions in order to best accommodate the needs of the City and the industry. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FRIDLEY, MINNESOTA, AS FOLLOWS: SECTION 1. That Chapter 205 of the Code of Ordinances of the City of Fridley, Minnesota, be, and hereby is, amended by enacting a new �r��e-�e Section 205.29, to be entitled, numbered and read as follows: T��CT+T�T, ,�_ 205.29. 0-5 TELECOMMUNICATIONS TOWERS AND FACILITIES DISTRICT 17.05 . . . --- _- �:� ----- � ' ��'• �� _ � The general purpose of this "�� Section is to regulate the placement, construction, and modification of Towers and Wireless Telecommunications Facilities in order to protect the health, safety, and welfare of the public, while at the same time not unreasonably interfering with the development of the competitive wireless telecommunications marketplace in the City. Specifically, the purposes of this "�� Section are: � -(�-}� To protect adverse impact of Facilities; residential areas and land uses from potential Towers and Wireless Telecommunications B{�} To minimize adverse visual impact of Towers and Wireless Telecommunications Facilities through careful design, siting, landscaping, and innovative camouflaging techniques; ��e} To promote and encourage shared use/collocation of Towers and existing Antenna Support Structures as a primary option rather than construction of additional single-use Towers in order to minimize the adverse visual impact of Towers and Wireless Telecommunications Facilities; ��} To avoid potential damage to property caused by Towers and Wireless Telecommunications Facilities by ensuring that such structures are soundly and carefully designed, constructed, modified, maintained, located, and removed when no longer used or determined to be structurally unsound; ��e}- To ensure that Towers and Wireless Telecommunications Facilities are compatible with surrounding land uses; �-(�} To facilitate the provision of wireless telecommunications services to the residents and businesses of the City in a streamlined, orderly, and efficient fashion; �-{g}. To encourage the location of Towers in industrial and business districts, rather than residential areas. -I�. �} To enhance the ability of providers of telecommunication services to provide such service to the community quickly, effectively, and efficiently. 17.06 �� {�} To identify specific sites within the City where Wireless Telecommunications Facilities may be located. . ._ -- -- � �_ - - _-= �_ � • The following words, terms, and phrases, when used in this "r�� Section, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning: "Antenna Support Structure" means any building or other structure ��k}��y—r3�T€ee�-��-�e��e� �� other than a Tower which can be used for location of Wireless Telecommunications Facilities. "Applicant" means any Person that applies for a T�� a�:-�' �^-�°-�'- _..,L....____ �� P,-rn;r for wireless telecommunication fac�l?ties or Towers. "Application" means the process by which �� ^'^}-�~� ' „"' �}�� e-�� a Person submits a request to develop, construct, build, modify, or erect a�;:� wireless telecommunication facil�t�es or a Tower upon ��t land within the Ci�y. Application includes all written documentation, verbal statements, and representations, in whatever form or forum, made by an Applicant to the City concerning such a request. "Approved Site" means a site which has been approved by the City Council as an eligible location for placement of wireless communication facilities. "City" means the City of Fridley, Minnesota. "Electrical Engineer" means an Electrical Engineer licensed by the State of Minnesota. "Existing Site" means a Tower or Antenna Support Structure for which a permit has not been issued prior to the Effective Date, and which is not located on an Approved Site. "Owner" means any Person with fee simple title to any Approved Site, Existing Site, a�rP approved by s�ecial use nermit or Wireless Telecommunications Facility. "Person" is any natural person, firm, partnership, association, corporation, company, or other legal entity, private or public, whether for profit or not for profit. "Satellite Earth Station Antenna" is all equipment necessary for processing of traffic received from terrestrial distributions prior to 17.07 -3- transmission via satellite and of traffic received from the satellite prior to transfer of channels of communication to terrestrial distribution systems. "State" means the State of Minnesota. "Structural Engineer" means a structural engineer licensed by the State of Minnesota. "Tower" means a self-supporting lattice, guyed, or monopole structure constructed from grade which supports Wireless Telecommunications Facilities. The term Tower shall not include amateur radio operators' equipment, as licensed by the FCC. "Wireless Telecommunications Facilities" means any cables, wires, lines, wave guides, antennas, and any other equipment or facilities associated with the transmission or reception of communications (other than radio or television broadcast communications) which a Person seeks to locate or have installed upon or near a Tower or Antenna Support Structure. However, the term Wireless Telecommunications Facilities shall not include: A. {a} Any satellite earth station antenna two meters in diameter or less which is located in an area zoned industrial or commercial; or B�b} Any satellite earth station reception antenna one meter or less in diameter, regardless of zoning category. . • • � • ' . � �i�� A. {a} Existing Sites shall be considered a legal non-conforming use, unless otherwise provided for in this Cha�ter. ��} Installation of additional Wireless Telecommunications Facilities beyond those in existence on the Effective Date of this Ordinance 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 herein. Routine maintenance of Wireless Telecommunications Facilities on Existing Sites -Ea�e—��r-�a��e� is permitted, exce�t that Existing Sites and any Wireless Telecommunications Facilities installed on Existing Sites may not increase in size, height, weight, or otherwise result in an increase in the intensity of the non- conforming use. �%�.�8 -4- �, �e�- If any Wireless Telecommunications Facilities on an Existing Site are abandoned for a period of one year, such Existing Site shall lose its legal nonconforming status and shall be considered illegal nonconforming use. The abandoned Wireless Telecommunications Facilities shall not be reestablished on the site, and must be removed within twelve (12) months of cessation of operations. If not removed, the City may remove the facility and assess the costs of removal against the Owner(s). - - - - -- • - -:: - --_ _- -_ _-_ -_- - - - - - -�:�Q � :_ :• ��•; _ 9 - --- ------_-_ - --=- =° - - _ '—°-= ---=.�r::::�. -{�}- A Telecommunications �-��'��e�e--(�� ToWers and Facil� t� es D�stY�ct 0-5, is created and shall apply to all land within the City �}� P�r to the �rovisions and use recauirements contain�d in his Section. �r��ir�-�� ;� � A��he construction of Towers and the installation, operation, and maintenance of Wireless Telecommunications Facilities shall be a permitted use on the Approved Sites identified on Appendix A to this Ordinance, subject to the provisions of this Chapter. Additional Approved Sites may be ' } '' ' �`' "' *`"� �.,�. r� �� ,n�roved by the City Council, subject to the ��r��= }�,� �h��*-�� amendment,�rocedures set forth in Secti�n 205 05.03 of the Ci�y Code and the reQUirements of this SectiQr�. -(-�-}- B All principal, �=��e-}�e�a�}, �==`"-�'==--='' ,�&P`'ial use, and accessory uses allowed in each underlying primary zoning district are permitted in the Telecommunications 8� Towers and Fac��ties District, except that no Towers shall be constructed, and no Wireless Telecommunications Facilities shall be placed on Towers or Antenna Support Structures, except as provided for in this Chapter. ,�,� � �.a: �, � -, **�--�_ � ��PC-ial uses . The construction of Towers and the installation, operation, and maintenance of Wireless Telecommunications Facilities shall be a a � .-:...,..i � �necial use in Zoning Districts M=1, M=2, M=3, and M=4, ard anv a�utting. railroad rights-of-wav �- s�ject to the ��-s �� ;�,�-��'- s�ecial use approval procedures set forth in ��ection 205.05.04 of the Code. £�ee��e�zAS. ^�� y, y, j ,.,.a..,a a' � i. • •- - -- -- - == _ "= - "n - - - - -z-«r - ' _ 17.09 -s- �9 9 �'11 \ • '• / � A. -�a� The construction of Towers and the installation, operation, and maintenance of Wireless Telecommunications Facilities on non-Approved Sites shall be considered a violation of this ordinance and subject to the penalties as provided for herein. All Towers and Wireless Telecommunications Facil�ties shall com�lv with the �rovisions and recduirements of th�s Section. ��. � r T• � m� ~� 6�t6 �''c2 c� ��z � e B--u icc� � a ir=i� cca �x �x ca a�-ee��g �e ��e��-��e��-e� ��a��z�e�, a..,..,,,..,a;� �^��= i , � n • � .�,.a � ..,....,..ea o � �..... ' ------°---° -- - o - = _ � =�- ' �e-}� � Priority for use of the Approved Sites for installation, maintenance and operation of Wireless Telecommunications Facilities will be given to the following entities in descending order: (1) City of Fridley. (2) Public safety agencies, including law enforcement, fire, and ambulance services, which are not part of the City of Fridley and private entities with a public safety agreement with the City of Fridley. (3) Other governmental agencies, for uses which are not related to public safety. (4) Entities providing licensec� commercial wireless telecommunication services including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobile radio (ESMR), paging, and similar services that are marketed to the general public. ��-�� Towers are exempt from the maximum height restrictions of the districts where located. Towers shall be permitted to a height of E ' `� �nP hundred twent�,y- five (125) feet. � • - .- •-_ _.�-. • - ..• «_ • - - - - • ►u � •� " 17.10 � F Agplicants for placement of Towers or Wireless �^ � '��i�� Facilities on Citx owned ,�rc�er y shall execute a lease aareement with the City. 7 CRITERIA FOR ADDITIONAL APPROVED SITES • �!�� Additional Approved Sites, other than those provided in Appendix A to this Ordinance, shall be ��Droved ��a by the City Council accord�nq to the amendment arocedures of Section 205 05 03 of the City Code The criteria used to determine whether a site shall be designated as an Annroved Site shall include but not be limited to the following rer.�uirements: ee�g�}a�ee-v�� - $s {�- Whether the proposed new site is capable of ��-i-�g-> bP� g developed to supaort more than Ee�re-> two operating Wireless Telecommunications �r� ==j� Facilities comparable to the -�*�� others in weight, size, and surface area. B. -{�.} Whether the proposed new site poses a risk of explosion, fire, or other danger due to its proximity to volatile, flammable, explosive, or hazardous materials such as LP gas, propane, gasoline, natural gas, or corrosive or other dangerous chemicals; and ��3} Whether the proposed new site is necessary and that useable Approved Sites are not located within a one-half (1/2) mile radius of the proposed new site; and .� -�4-� Whether all foreseeable telecommunications uses of the proposed new site could comply with the setback requirements of the underlying zoning district; and ��.5-}- Whether all foreseeable telecommunications uses of the proposed site could comply with any separation and buffer requirements of the underlying zoning district; �-�6-}- Whether the proposed site is accessible �e��ea$��o -�,'�-}--�t�� --^-�� foY service vehicles; �.{�} -*•*��r� Tf a�plicable. whether the proposed site has been designed and certified by an Structural Engineer to be structurally sound and, at minimum, in conformance with the Building and Electric Codes adopted by the City, the National Electric Safety Code, and any other standards and requirements outlined in this "�'��^� Section. 17.11 -�- H. �8} -T•"��'-�� If applicable, whether the Approved Site complies with all applicable Federal Aviation Administration lighting and painting regulations. �-�-3�- whether the proposed site a�-e-s� s-tea��-�es�� will further the City's objective that all Towers, Antenna Su�nort Structures, and Wireless Telecommunications Facilities be designed to blend into the surrounding environment. �-(-�e} Whether the proposed site has adequate open space to allow Wireless Telecommunications Facilities to be installed without detrimentally impacting landscape, displacing parking, or impeding sight lines of a current or future principle use. ��}- Whether the proposed site adequately contributes to the City's overall effort to adequately meet the needs of the wireless telecommunications industry. �-�}�.}- Whether the proposed site 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 sight line relief. �-(�-}� Whether there are other structures near the proposed site that can serve as visual distractions such as high power transmission structures, highway shoring, billboards. N. {�4� Whether there are natural topographic features that meet the height requirements of Wireless Telecommunications Facilities without a tower structure, or which allow for a lower overall height of any necessary Tower. Q� {�� Whether there is adequate space on the proposed site so that the base of any necessary Tower can accommodate essential equipment. j-4-�6-}- Whether the proposed site is outside of any underlying residential zoning districts. Q� �-��- Whether housed equipment can be placed on top or on the side of a structure that currently exists on the proposed site. 8. APPLICATION FOR PLACEMENT OF TOWERS OR WIRELESS TELECOMMUNICATIONS FACILITIES IN THE CITY . �+�-� --- = «� == ' _' - --- -- _ - - !7. !G � A. Al1 Persons seeking to install, operate and maintain Towers � Wireless Telecommunications Facilities on A�nroved Sites in the City must file an Application with the City which shall include: (1) The name, address, and telephone number of the Applicant; and -- -- _ --= =_ =- _ - _ ' _ _-- -� - ��_ - .- - . .� _ -. .�. - -. �• �-- �. - . ... -. • - . - �_�. ..• - ��.• - • ��• �. - -�� -� �- - . � • �. • � - ' . ! � ll _ _ � ! ! - � • � � _ - � . ! - �.� - � - - � • * - - • - � - _ � . • • � - • - - • ' �• • • �_- � •�• -� �� -�_!- �. •�. - - • - - � � • - • ' � - � - - • � - • � • �- ' - _! -�._�� • -{� - - •_�-- ' � � • - • �_-- • - - - • • • • � � - • � � ' • � • • - • - ' - ' • - • • - - • - • � - - • - - • • (3) �� .�r�osed on a City-owned site, a��ompleted application form for lease approval as provided by the City; and (4) A report from a qualified and licensed professional engineer which describes the height and design of the proposed Wireless Telecommunications Facility including a cross-section and elevation; and (5) Site plan drawn at an engineering scale showing the location of the Wireless Telecommunications Facility in relation to surrounding structures; and (6) 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 ( 8 ) E � �a�--9 � ��ie--� ��t�e��s�-�� ' �t} ��e€-a-� �c��e�}�� e9m�tt��es e�ew��g ��e des��t-�i��ea~�o �e��e ea��s��g -e� �"'=r=-="-' ----='-=-- `-'='-=---•_••-----=�'_�--_ �e��ae��. St�e� �tag--e��a��, a�-�i��; ��t��ea�e ��i�� aea��e� e€ ��---='-'_..� T.,==='-=__ ^_'='_=__......_---_��_�___ --� 17.13 � �'-�� s rcrco o rc co � aa� �3e �iii@�iB =6�iB � 6g2 �� @& � � 9�36� F�� re� ; -�a -{-9}� An Application fee as recruired by Cha.pter 11 �� a��e�€ � _�� ; and ''�� The Application shall also contain an affirmative statement indicating that the Applicant agrees to comply with the provisions in Section 205.22. ^� �'^�^ "Y��'^ regarding abandonment; and ET��T�ii e��e� �e e�et��e ��a� ��e��•�a#��e—s��€�e$j. �^�a:.. �.r�=��s �� e €�ee ��e�t �a�t€�� e� a��'-r ^�;_.� ��e��e�e�ee;—a�� TT' l T l F L�-. ±1�F-� Tz._ ...7 �±1-e �•�� (10) No new or existing wireless telecommunications service will interfere with_�ublic safetv telecommunications Before the introdLCt�on of new service or before im�lementina anv change in existing service all wireless telecommunications service aroviders sha�l notify the City at least ten (10) calendar days in advance of such chang�s and allow the City to monitor interference levels durinQ the testing nrocess—• and •- -- - - -- - - - - --- - - - - T��—��e�e��e—��a� ��e ��e�ess m,.,.. ....;,, �zscxxxc�eB ��i�� te��t�ee �3��'Fii�l�� 6�' ,a°•,F-"-,,•,+-�� i��e��e�e�ee �e ��e—�}��-e�t�b��e e�€e��ie - •- --- - -- - --- - --- - - _ = . _ .. -- - - --- - - - - ��--�}�—a�� e��te� �e�e�a� �«...�„�,.r., .,,� ..,,, ,�„ . l ^7 Yt, ' "ICS S /I `�j�2G . 17.14 - io - ''��Z A��lication for a� building permit from the City pursuant to Chapter �.Q� of the Code; and - - -� - . �- �- �- ._..• -. .- - •. -�. • ••• • -• - - .... - • •- . �- - •�-• • .�• • - _� • •.- �• - - - - • u-� '� - _- • �_ _• - • �- • �_- � - . - .�� - - - - �� - !-� - . .� •-.-�.- •�_ . -�. -- -�_-• • . - .-• •• __ - . �-- �• � �- - •_ �t_�_�-_ • •� ��_ t• �- �' • �- • •� • �- • - •_ - - - - - • - � • _ � . • - • � � • _ !_• - � •�• -� �� '��- -__� -�L _�{�-}_ �� - •�_!- �-_ •�-�• I• • _ � •�- � �� _ �� • � � �• • • � • • {�� - - • � � � �• ��- • - � �• � - - �� '� Al1 information submitted with an Application that is trade secret information or is for other reasons proprietary shall be clearly marked 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. � All persons seeking to install oz�erate and maintain Towers o� Wireless Telecommunications Facilities in M-1 M-2 M-3 or M- 4 Zoning Districts as a special use permit shall submit the information rerxuired in 205 28 08 A except items (8) and (11). . . _ � �'< J� � ' �� ' � ' ♦ 1 • , � i • A. Upon submission of an Application on an Annroved Site, the City shall notify the Applicant in writing to confirm if the Application is complete addressing all of the requirement�s as required by this �a�� Section. If the Application is incomplete, the letter will specify what information is missing and the Applicant must then submit a new Application. �ger� n��-e e re�--e��e�p�-e�e-�p�� t� e� , ee�r��r��e�r-��--t-�re-E�¢ CGRZIGS',S o � _� _ �==Ga�=e� €e� �eaee ag�eeme�� vr}�� e �'^�a•�' "'' ==v �xcrccx c�a�i �9�'��f--��`Te��T��6 €�eiii��e ��e�T� •,t-••••:•, __` ��-;��=ess-=��eeo�mt��ea��e�e �'ae}�}�.. ,,. �+.,,a :��.,., b, n.. � � n..., r. ' r.,,, . �- L... g3��rr—�xz@ L�r� n—arzcccicutrvix—cvrcccicic�io�z "'ag �4��}ea�}e�ra-��e=o��e aTr.r.G�FRP.��C�. G�e� �e ��e ^. �.. �^,1Y.,,.' 17.15 -11- = o 0 0- - o '� �� •�_ •g._ -• •� '�� • -• - • -• • - - - _• -- �-� •- _�� • -• • - • � - • L!_ � � - - • - � � _ _ � ' _ • - • - � • • - • y �_� - _ • - - • � _ • • • � • • � � • - � - •-• �� • • �- - - �• -- - �- - .�• . - • • _ � _ � . • - K{{ • - • _ - - - - • • � _ � � • - • • . �- . - �- �l �- :!� l _ � �� • • - - - • • �• }- {{ • •� •_ • •s �� • -• - {�. •-• � �� - • • � • �- _ • . „_ ■_ ._�-�=�-r�o.4� _ ��r�z�...-�-.r.=.=�_�.�-�s�=r�::��.��:.=��_�..��.._� _.:.-� �1 •� � � �1! � � • � � � Tower height shall be measured from the lowest adjoining grade to the highest point of construction of any Tower or Wireless Telecommunications Facilities. . _---- - - �� - - - - � _ � :_�� • � _ All Approved Sites Towers and Wireless TelecommLn;r-ar;nn Faci �ties shall be designed to blend into the surrounding environment Monopoles with antenna arrays shall be finished so as to be compatible with other buildings or structures in the area, and shall be finished with a non-corrosive material. Wireless Telecommunications Facilities placed on water towers shall be finished with a non-corrosive material to match the color of the water tower. . . _-- _- ,� - - 12. ILLUMINATION Towers shall not be artificially illuminated except as required by the Federal Aviation Administration ("FAA"). Upon commencement of construction of a Tower, in cases where there are residential uses located within a distance of three hundred (300) feet from the Tower, and when required by federal law, dual mode lighting shall be requested from the FAA. . --- _ �.��t_ ---- - _ 13. LANDSCAPING AND SCREENING 17.16 -12- . - �. •- .��_•�__. - .�• ,•_�• . -��_ '! �_- . . _ __- -- - - -- • • • • . • • - • - - • - • - • • • • � - I• .•• - • • �• -�l__��-� - !• �_ • • •_ - •• • - • - �• i_ _ ' _ - _ � • - �' • - • _ - - - - - - • - • - - { � • � " _ • �� - • • __�� -��. � -� -�� •- . _--�_-� • � � • • • . • - • - _ _ � _ • � - _ • - � • - • �- • - • _ • � •�- �_�!_-� �- '� • � . �l - ! � � � - • • _ _ - � - _ - - • _ - - - � � - _ • � � • }• -- -- •_r��:z _-- �4 SECURITY All Towers must be reasonably posted and secured to protect against trespass. Chain link fences �� mav be used to protect Towers and Wireless Telecommunications Facilities. Barbed or razor wire is prohibiteds ' . All � facilities shall be designed to discourage unauthorized climbing on the structure. � -,,.0 , 7 . �a T,� , T , ....: see��e� '�CtiS� t'�C L�D . � / irF�i12�3--tzscco c �?6�#Be� A�i ��i@�?gpr6FTc'��ci � � � � � ••� � ,•,••� J / � , • / . / � � / ci-e��m � ,.... F,,,,. � �-, � � `-'---�r��ee—a �i�e�k��e��e daa��, e� a- ee�� e�e-�ta��'�--�e�ee e�az�ve e�t��ee�t�e, e��-��t �e}g�� °–�-�_�..�:.,,. '7 /� C '1 A T 4- •-. 1 l � F �- T.T.. F e �@2� �6fi ~ T ,� .-�.... �5 INSTALLATION REOUIREMENTS ON WATER TOWERS A1�TD IN CITY Installation of Wireless Telecommunication Facilities on water towers will be permitted when the City is fully satisfied that the following requirements are met: i7.17 -13- A{a} The Wireless Telecommunications Facility will not increase the risks of contamination to the City's water supply. ��} There is sufficient room on the structure and/or on the grounds to accommodate the Wireless Telecommunication facility. �,, -{-�} The presence of will not increase the to the City. ,� -�.} The presence o not be harmful to the tower or reservoir. the Wireless Telecommunication Facility water tower or reservoir maintenance costs the Wireless Communication Facility will health of workers maintaining the water �{e} All state and federal regulations pertaining to non- ionizing radiation and other health hazards has been satisfied. -- -- • - - --- -- ----- --- �r - - - -- � ,� . . � • ; � . ._.�• .- -.� -. . _ . . . - . - - - - .�� _� _ •� �- .��._ - -. .� • �_• - • -• • . �• *' _ • . _.._ _ _ • - • • . •�-_ � _� �• • �• {{ -� • � • - • � - � . • - • - - - �� _ • - �- - � .!. � • � - _ . � . {{ � � - • ' - _tlt _ � - • � }. - � _ . • _ � • • .. _. _ � _. �7. SETBACKS - . - . - - - - . � _� . �. _ _ .- . -. - . .- . - .�. �. .- - ._ , - - � -- . .- . - . - 18. SIGNS . . -.i._��-� •��- .� . - �- .�_ .-� -. .�_.- . -. �- . - . - - - - . .� • • �.l� ' �!�� -(�} All Towers and Wireless Telecommunications Facilities shall be -^�^'-� �� a ��'- periodically reviewed by � &t��t��t-�a� �'„�'_„__�^� �he CitX to be structurally sound and in conformance with the requirements of the City building code, this Chapter, any conditions of a�nroval alaced on a s�ecial use rm' and all other construction standards set forth by the City's Code Ea^=�—€e��- S�a�e �aw. �� a °' ��^ -�-' �7.1s �� € e e-��re��e-e �--� �e--9��a�r�e—� � ,. � ; ., � • � ,... ,... � : ,_.. ��r��F��r - and federal state and local law Existing j �..._ _ ___ __ _ _ - _ - � . J Sites may be inspected for compliance with this $�ection at any time if the City believes there are questions regarding �e s��t�e�i��a��eg�}��-e€ ��e-s' �' ��"'�-s=�e� com�� ance with the C;tk buildina code this ^�� Section any conditions of �n�roval placed on a�pecial use �ermit all other construction �randards set forth in the Citv's Code and all other federal GrarP an� local laws. $,Z �-�} The City and its agents shall have authority to enter onto any Approved Site� e� Existing Site, or site a�nroved by specia use �ermit between the inspections and certifications required above, to inspect the site for the purpose of determining whether the Sites comply with the City's Building and Electric Codes, the National Electric Safety Code and all other construction standards provided by the City's Code and federal and State law. ��e} The City reserves the right to conduct such inspections at any time, upon reasonable notice to the Owner(s). All expenses related to such inspections by the City shall be borne by the site Owner(s). e�__� — - -- --- 20 MAINTENANCE �{�}- Ordinary and reasonable care of Towers and Wireless Telecommunications Facilities shall be employed at all times. All �r�--�a °''"'^ Towers and Wireless Telecommunications Facilities shall at all times be kept and maintained in good condition, order, and repair so that the same shall not menace or endanger the life or property of any Person. $,,_-�b} Owners shall install and maintain Towers and Wireless Telecommunications Facilities in substantial compliance with the requirements of the National Electric Safety Code and all FCC, State, and local regulations, and in such manner that will not interfere with the use of other property. �-Ee} All maintenance or construction on Towers or Wireless Telecommunications Facilities shall be performed by -��-�^�-'� aualified maintenance and construction personnel. D�} All Owners of Wireless Telecommunications Facilities shall maintain compliance with current radio frequency emission �7. �9 -15- standards of the FCC. In order to provide information to its citizens, copies of all FCC information concerning Wireless l .... -. f .-. �7 '... T ......,... r...7 O � �- .. .. Telecommunications Facilities _______ _____rr_____ _____ shall be made available to the City and updated annually. �-Fe�- In the event the use of a Tower or Wireless Telecommunications Facilitv is discontinued by the Owner of the Wireless Telecommunications Facilities '��a �^ �'^° "„-�Y��a °''-� or in the event an Owner files notice of the FCC --rc--' -- ----� of its interest to cease operating, the Owner shall provide written notice to the City of its intent to discontinue use and the date when the use shall be discontinued. . . -- -- �r -_ - _-_ _- -- - - --- �� gg��e�e��e$--��}�e�eee m.., ,. ..�... �...., , ...: .. !��-��ee��e�-�e-��e�-��e--��e et��t��}�t� e�t�r��e�t�e��.. 21. FEES - �.. ._ �- -- -.� - -. . �.. - . . . - �. -.i_- . _�- ..- - . � _� . - • - - - - . . - .-- -. - - . - . �- �_ - ._ �- _.. . - �.. • .- -.� -. . - . - �- . . . - . . - - - -.i_-_ -. _.. . . 22. ABANDONMENT �a}> If any ��ite for which approval to install, maintain, and operate � Tower or Wireless Telecommunications Facilities has been granted by the City shall cease to be used for a period of 365 consecutive days, the City shall notify the Owner of the "~„~-��=a °-'-^ --rr-- e� Wireless Telecommunications Facilities, with a copy to the "^„'�^�„� owner of the pro�ertX, that such site has been deemed __rr___�___ abandoned. Upon a finding of abandonment by the City, the �e� �-�e Tower or Wireless Telecommunications Facilities abandoned may be removed. The City shall assess all costs related to the removal of abandoned Tower , . -E��'F��ee�r��e ��e-eb��g��e�-��€e��i ��ee��en-r�3 ;-�� e-�--�e��e��e-C-�t-��e€-�tr��tg-�€�reta�-e� ��E��,. ,,, ^.,� == �ed-e� t-��-a��e��ed-ees�-a� �e�a��-e� ��e-�g�e�*e�--QS�e: or Wireless Telecommunications EF-ac��f�� a� �,g��e�re� 8�� e� W�i��e�e� T� � e ee�� ea� �e�e F�e�} �� e�e-a�� a��e�tE� ,��te �e�� e�� 6T��•• �fi3u��3'��2�6itFti@ii�� a�'i� B�t�� m. 13ti=r"cc -cv iciirovc i7.2o -16- - . - • �- �3 SEVERABILITY ��.gp� ��a��f any clause, section, or other part of this Ordinance shall be held invalid or unconstitutional by any court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby, but shall remain in full force and effect. �F4c'�F�AT �'�a-�-�r9��}�a�t�es, e ea�i��c�-�.'rc i ��3�6�r�i3ai3�e—�e;—&F3� ��Seb�--��.e� .._,,..,,,a �tC-��i: �'�i3� ��3.9 8�'��i�3i3c@ 6�&s� �2 � i i � .,a .,FF,.��- ��e� a�� a€�e� �a�e-e�--�� • : _ ��]�1 � .- . . �-_ ._. - . - . . . _ ._ � - - . •- . • •- -.�• .�. • - • - �_• _ •� •_ �• - •1 • - �_- •�- APPENDIX A The following locations E��ii@-z�ccca—u=su=Tz°a� arP zoned to and have been determined to be �=�e�'�e� e}�ee €e� � ' `' � "''' i�s-�a��e�n.� Annroved Sites for the installation of Towers or Wireless Telecommunications Facilities. • Municipal Garage - � Recycling Center • Community Park • Edgewater Park • Fridley Reservoir a� nncr MattPrhOt"Il DT'lV@ • Fridley Water Tower in Locke Park • Fridley Commons Water Tower on 618t Avenue • Well #13 ... Commons Park � Tl lTe �'��+� �+ �.�... ♦ —�g�'�-I4 � !� T.T-. F Ti.e..�v F-A9�-��e �'-�r �,, rT a _i...,e.�_...,.. ... �..�-j ..�- e,8� a �e..• e�,.. � -r -- r - ��" —aziu�scTri�o cx cc� �- ie��ii�i��e� v� ..L. _n..l,....1 ♦ �7��eve�ege�-�}� ..�,.. -- ---- „��, ..� t�� .�., � - - -- - --- - --- _ - -- - _ - - 11.10. FEES 17.21 -��- License and permit fees shall be as follows: CODE 205.29 SUBJECT Review request to add an Approved Site Special use permit for Towers and Wireless Telecommunications Facilities Review Lease Agreement Review an Approved Site Application Consultant expertise to review Tower and Wireless Telecommunications Facilities Building permit Inspection of sites 205.06. ESTABLISHMENT OF DISTRICTS FEE $500 �400. $400 $400 Applicant to fully reimburse costs As required by Uniform Building Code As required by Uniform Building Code For the purpose of this Chapter the following districts are hereby established within the City of Fridley: • - - . t �_ .�_ . - .�. - �_- � 205.17 M-1 LIGHT INDUSTRIAL DISTRICT REGULATIONS 1. USES PERMITTED C. Uses Permitted With A Special Use Permit. The following are uses permitted with a Special Use Permit in M-1 Districts: - - • � _ • � • - . � • - - - - • �� • - -. -• �_ - • 1 205.18 M-2 HEAVY INDUSTRIAL DISTRICT REGULATIONS 17.22 -is- � 1. USES PERMITTED C. Uses Permitted With A Special Use Permit. The following are uses permitted with a Special Use Permit in M-2 Districts: - - -- - -- - - - - - - - - . � .� . - _ �. - - - - .�� • - -.� _ -. - .� � 205.19 M-3 HEAVY INDUSTRIAL, OUTDOOR INTENSIVE DISTRICT REGULATIONS 2. USES PERMITTED C. Uses Permitted With A Special Use Permit. The following are uses permitted with a Special Use Permit in M-3 Districts: - - •�{ •� • - -�.• - - - - • ! - � - - - • - • � - • � 1 205.20 M-4 MANUFACTURING ONLY DISTRICT REGULATIONS 1. USES PERMITTED C. Uses Permitted With A Special Use Permit. The following are uses permitted with a Special Use Permit in M-4 Districts: - - - - - -- - - - - - - - - .��.�_ •� . - .�. - -- - - .��_� •� - ' - _-•�- - -. - .� � 205.12 P PUBLIC FACILITIES DISTRICT REGULATIONS 2. USES PERMITTED A. Principal Uses. The following are principal uses in P Districts: - - .,, _�_ .� . - .�. - - - - . �- - •�_ - -.i -. � - . � PASS$D AND ADOPT$D BY THS CITY COIINCIL OF THS CITY OF FRIDLEY THIS DAY OF , 1997. � 7.23 s�� ATTEST: WILLIAM A. CHAMPA - CITY CLERK Public Hearing: October 27, 1997 First Reading: Second Reading: Publication: 17.24 -ZO- NANCY J. JORGENSON - MAYOR MEMORANDUM DEVELOPMENT DIRECTOR DATE: November 5, 1997 TO: William Bums, City Manager �'�� FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Julie Jones, Planning Assistant/Recycling Coordinator SUBJECT: First Reading of Ordinance Amendments to Chapter 113 & 11: SWAP Fees BACKGROUND: The City Council held a public hearing on October 27 to consider testimony regarding amendments to Chapter 113 and 11 of City Ordinance. The amendment, if approved, would increase recycling service fees from $4/quarter to $6/quarter. No one from the public appeared to testify. However, some members of the Council had received comments from members of the community. One question revolved around the request to give senior citizens a break from the recycling fee. Staff has investigated this option by attempting to determine the cost of offering a discount to qualifying households. There is currently a system in place that offers low income senior head of household homeowners (not renters) a discounted rate on their water and sewer rates. Sewer rate discounts equal about 50% and water rate discounts equal about 25%. If we were to select a discount in between of 33%, it would equal keeping the recycling service rate at the current $4/quarter rate. There are currently about 200 households on this discount system, which would equal an additional shortfall in the SWAP budget of $1,600. It is important to note that the 1998 SWAP budget, including the increased $6/quarter SWAP fee on utility bills, is already short approximately $16,000 from covering projected expenses. 18.01 SWAP Fee Memo November 5, 1997 Page 2 RECOMMENDATION: Staff recommends that the City Council approve the ordinance for first reading. Staff does not recommend approving a variable rate for low income seniors. The discount benefit to the customer is only $.66/month. The deductions the City now offers on water and sewer rates are significant enough to impact a household's budget, but a recycling rate discount would not have much impact. In addition, the City's costs to install the reduced rate on recycling service would likely exceed the actual annual discount amount. It also would be impossible to offer the discount to low income seniors that rent, and these households tend to be more economically challenged than homeowners. �8.�2 ORDINANC$ NO. AN ORDINANC$ AMENDING CHAPT$R 113, $NTITLED "SOLID WAST$ DISPOSAL AND R$CYCLING COLLBCTION", BY AM$NDING S$CTION 113.07, AND ALSO AMENDING CHAPTBR 11, ]3NTITL$D "G$NERAL PROVISIONS AND FBES", BY AMENDING S$CTION 11.10, "FBES" 113. SOLID WASTE DISPOSAL AND RECYCLING COLLECTION 113.07. SOLID WASTE ABATEMENT PROGRAM FEE Effective P�e�e��—�, �3�3, �-�� h the Janua�:y 1998 bil� �ng, the City of Fridley shall begin charging residential dwellings of one to four units ar�,� �'"��' a�=��e� q��'�e� �€€�e�}�*e �7eve�e� �, �8�3,-�� ? �-�^--� �?��---�� multiple dwellings of 5- 12 units �6.00 per -J-__ unit per c�uarter_._ �~�- �-�� _Multiple dwellings of 13 or more units certified for service under the City's contract for recycling services �4.A9 will be charged the current contract p�-ice which the City is ��arqed bv a�rivate contractor to Arovide multi-unit recvclina services �� tr��e�-��. 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: is.o3 Page 2 - Ordinance No. CODE 113 SUBJECT Solid Waste Programming FEE �4—�6 56.00 per residential dwelling of 1-4 units and per multiple dwellings of 5 - 12 units Multiple dwellings of 13 or more ni e� -��__ certified for service under the City's recycling services contract will be charged the current contract rate wh�ch the City is 8�ying a �rivate contractor to provide the �ervice. 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 27, 1997 18.04 MEMOR.ANDUM DEVELOPMENT DIRECTOR DATE: November 5, 1997 TO: Wiliiam Burns, City Manager �� FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Julie Jones, Planning Assistant/Recycling Coordinator SUBJECT: Consideration of Responses to Recycling Center Request for Proposals (RFP) -� -• � In September, the City of Fridley solicited proposals for collection, processing and marketing services for the Fridley Recycling/Redemption Center. The services were split into finro areas and two different RFP's: 1) Metals (aluminum and scrap metal) 2) Other miscellaneous recyclables (steel cans, plastic bottles, cardboard, newspaper, mixed paper, and glass). The City will continue to contract separately for appliance and fluorescent lamp transport and recycling services. METALS RFP RESULTS: The City received four qualifying proposals for the metals portion of the Recycling Center operations. Great Western proposed the best price for aluminum cans and scrap metal. The Environmental Quality and Energy Commission recommended unanimously at their October 21 meeting to accept the proposal from Great Western. The term of the agreement with Great Western will only be one year (February 1, 1998, through January 31, 1999), allowing the City to solicit other aluminum marketing options in the near future, if necessary. 19.01 RFP Memo October 23, 1997 Page 2 MISCELLANEOUS RECYCLABLES RFP RESULTS: The City received three qualifying proposals in response to our RFP for "Miscellaneous Recyclables." These proposals were difficult to analyze, because we needed to make predictions about the volume of each category of recyclables received in order to fairly compare container rental and transporting fees. We also needed to estimate what future commodity market prices might be for two of the proposals. Following recent market values and the first six months of activity at the Recycling Center this year, it appears that BFI's proposal is the most competitive with an estimated cost of $807/month. However, it is important to note that boxboard (dry food boxes) are not part of their program. This will slightly reduce weights collected at the Recycling Center. However, no Fridley resident should be inconvenienced by this change since they can recycle dry food boxes at the curb. The Environmental Quality and Energy Commission recommended that the City approve the proposal from Weyerhaeuser. Staff, however, had provided the commission members with incorrect market value information regarding BFI's proposal, which made Weyerhaeuser's proposal appear less costly. We have contacted the EQE Chairperson and have not received any objections. The BFI and Weyerhaeuser proposals are very close. One advantage to BFI's proposal is that there will be a great space savings at the site with the type of containers they are proposing to use. Instead of having finrelve separate containers at the site as we do now with #he Weyerhaeuser arrangement, we would have three. This will allow for a neater appearance and will give us more room for the new scrap metal lugger box and a storage shed for fluorescent lamps. The term of the miscellaneous recyclables senrice agreement will be from February 1, 1998 through March 31, 1999. This will coincide with the next curbside recycling RFP, allowing the City the option to merge service of the recycling center "curbside" type recyclables in with the curbside contract. 1:�� ►� u ► � : �I�� Staff recommends that the City Council accept the proposal from Great Western for the metals redemption services and BFI for the miscellaneous recyclables marketing and transport services. M-97-461 19.02 � L1J H Z W V C� Z J V i' � w � � W J G � � � a � � � J Q H C ti � � � � � 0 U 0 � � > U � 19.03 � X N N N O Q O � a � m � a� � YI 0 H a O � _ Z G J Q L�f H W U V Z ...� � V I.f. W J 0 � LJ.. i9.oa � v a� a� c a� rn v � .o � c a� L L � V W � U � a o � � a�°i -� � � � � � 0 O. tn O N � U N 'C N a � L � � � _ o — � fA 7 V •L U a` °' .c �+ � � � o � a 3 � � V O ... � � � ��'� ; U� N � � N _ N L o � �' O p > 0 � t ly � — c N 3 �-o� � � U � y t � m m �- � � � N O � n O m O �. O a � U 0 E m c a> LL � m � m o. � w � Z W C� C� z J C.� � C� W � i- W J 0 � �.{. � J Q � O a. O � a � w � m Q J V � C) w � � � O W Z Q J J W V � � ti � � � � � � 0 U 0 � � > .� U � N X � (0 y O a 0 a` � a� � m U U � U N � MEMOR.ANDUM DEVELOPMENT DIRECTOR DATE: November 5, 1997 TO: William Burns, City Manager�� FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Julie Jones, Planning Assistant/Recycling Coordinator SUBJECT: Recycling Center Contracts -� -• � - 1 Once the City Council has accepted proposals for Recycling Center services, the next step is to approve contracts for each accepted proposal. If the City Council takes action of the November 10th agenda to accept the finro proposals from Great Western and BFI as staff has recommended, the attached contracts have been prepared and negotiated for the Council's consideration. METALS CONTRACT: The attached service agreement with Great Western Recycling for aluminum and scrap metal recycling is based on the contractor's proposal. There has been one addition to their proposal and that is provision of a power converter. This was not a requirement in the request for proposals. However, one of the proposers indicated after the proposals were received that they would include a power converter in order to make their proposal accepted. Staff then, offered that opportunity to all proposers and each said they would include the power converter (a $1500 item). All proposers said they would provide the piece of equipment to obtain acceptance of their proposal. The term of the agreement is one year. However, we maintained an option to extend the agreement one additional year if agreeable to both parties. Great Western has agreed verbally to the attached agreement language. 20.01 Contracts Memo November 5, 1997 Page 2 u � • - . - • i. . The language of the Service Agreement for miscellaneous recyclables is based upon BFI's proposal. The agreement includes language to ensure that collected materials are marketed. The term of the agreement is fourteen months, terminating at the same date as the current curbside contract. This date was selected to allow for the option to place this service as an option on the curbside RFP's in the spring of 1999. BFI has approved the attached version of the agreement. The City Attorney is reviewing the contracts and will be available for comments Monday evening. RECOMMENDATION: Staff recommends that the City Council approve both of the attached Recycling Center service agreements - one with Great Westem Recycling for metals recycling and one with BFI for miscellaneous recyclables. 20.�2 FRIDLEY RECYCLING CENTER RECYCLABLES COLLECTION AND MARKETING SERVICE AGREEMENT THIS AGREEMENT, made this day of , 1997, by and between the City of Fridley, a municipal corporation organized and existing under the laws of the State of Minnesota, hereinafter called "the City,° and Browning Ferris Industries, a Minnesota corporation duly authorized to do business in the State of Minnesota, herein called "the Contractor." The Fridley Recycling Center is located at 350 - 715t Avenue N.E., Fridley, Minnesota, and will herein be called the "Center.° WITNESSETH: It is agreed that the City will operate and staff the Fridley Recycling Center. The Contractor will provide equipment and transportation services for various recyclables collected at the Center as specified in this agreement. The City and Contractor mutually agree that uninterrupted service at the Fridley Recycling Center is critical to providing a public service; therefore, the City and Contractor agree to the following conditions: I. TERM OF SERVICE: The Contractor is to service the Fridley Recycling Center from February 1, 1998, through March 31, 1999. II. SERVICES TO BE PROVIDED BY THE CONTRACTOR: The Contractor hereby agrees to furnish for the term of this Agreement and as part of the consideration of this Agreement the following: A. EQUIPMENT: The Contractor shall provide the following equipment: 1) One six cubic yard capacity container for corrugated cardboard 2) One 20-cubic yard compartmentalized container for sorted glass, plastic and steel cans and aluminum foil 3) One 20-cubic yard compartmentalized container for sorted office paper, newspaper and magazines Additional equipment to collect other recyclables may be added to the collection system upon mutual consent of both the City and Contractor. B. EQUIPMENT MAINTENANCE• The Contractor shall be responsible for the maintenance of the Contractor's containers. Contractor will keep in good repair all containers that it owns at the Center. Contractor shall be required to have each container compartment labeled for the appropriate recycling materials it is designated to contain. C. T NSPORT OF RECYCLABLES: The Contractor shall provide transportation of corrugated cardboard, glass, plastic bottles, steel cans and aluminum foil, 20�03 office paper, newspaper, and magazines from the Center. Telephone Book recycling will be provided if the Contractor is selected U.S. West in 1998 to be their designated telephone book collector. Upon notification from the City, the Contractor shall exchange full containers within 24 hours, Monday through Friday. Immediately upon removal of full container, Contractor must replace removed container with an appropriately labeled empty container. D. WEIGHT SLIPS: The Contractor shall provide the City with copies of weight slips for all recyclables it has transported from the Center. Reports of the net weight of recyclables collected by the Contractor shall be sent to the City on a monthly basis. E. MARKETING OF RECYCLABLES: It is a violation of this agreement for any recyclables collected from the Center to be landfilled, incinerated or made into refuse derived fuel unless under the following conditions. If the Contractor determines that there is no market for a particular recyclable or that the market has become economically unfeasible, it shall immediately give written notice to the City. Said notice shall include information demonstrating the effort the Contractor has made to find market sources and the financial information justifying the conclusion that the market is economically unfeasible. Upon receipt of said notice, the Contractor and the City shall have 30 days to attempt to find a feasible market. During this time period, the Contractor shall continue to pick up the particular recyclable. If the Contractor or the city is not able to find a market within 30 days, the City has the option to: 1. Require the Contractor to continue to collect the particular recyclable. In such case, the City would pay the Contractor, as additional compensation, the tipping fee at the Elk River RDF plant or a mutually agreeable altemative site. The Contractor is required to keep accurate records of said fees and provide the City with receipts of payment. 2. Notify the Contractor to cease collection of the particular recyclable until a feasible market is located, either by the Contractor or by the City. III. COLLECTION FEES/COMMODITY REBATES: The City agrees to pay the Contractor the following monthly collection fees: One - 6 yd. container serviced 3 times per week $161.00 First - 20 yd. compartmentalized container rental fee $128.00 Additional per pull fee for glass, plastic, & steel $108.00 Second - 20 yd. compartmentalized container rental fee $128.00 Additional per pull fee for paper materials $108.00 2�04 The Contractor agrees to pay the City the following rebates based upon the current month issue of the Official Board Markets (OBM) - Yellow Sheet: Corrugate Cardboard Sorted Glass Plastic Bottles Mixed Paper Newspaper #8 Steel Cans & Foil Chicago high side less $30.00 per ton Zero value $10.00 per ton Chicago high side Chicago high side less $30.00 per ton Zero value Commodity rebates will be deducted from each month's itemized invoice from the Contractor to the City. Payments made by the City must be received within 30 days of receipt of invoice. IV. SERVICES TO BE PROVIDED BY THE CITY: The City hereby agrees to provide the following for the term of this Agreement and as part of consideration for this Agreement the following: A. STAFF: The City will provide the necessary staff to operate the Center 40 hours � per week. Staff will be trained to collect recyclables according to the Contractor's separation preferences. B. CLEAN PRODUCT: The City will be responsible for providing the Contractor with clean recyclables to market. V. INDEMNIFICATION: The City and Contractor each agree to hold the other harmless against any and all claims and actions brought against them as the result of any alleged actions, wrongful or negligent, by their agents, employees, equipment or fixtures at the Center or elsewhere resulting in damages, including any costs incidental to their defense. VI. INSURANCE: The Contractor shall provide the City evidence of the following insurance: � A. Comprehensive general liability insurance against liability imposed bylaw for bodily injury or death in the amount of $1,000,000 for any one person and in the sum of $2,000,000 for two or more persons for the same occurrence and for damages to property in the sum of $2,000,000. The City shall be named insured on said policy. 2(�.05 B. Vehicle liability insurance including coverage for non-owned or hired vehicfes in the sum of $1,000,000 for each accident. C. The City agrees to maintain general liability insurance at the Genter to insure against any potential liability for injuries that may occur to persons not party to this Agreement while on the premises. The City agrees to also maintain liability insurance at the Center to insure against the potential loss, or damage of Contractor's equipment due to fire or other hazard. VII. TERMINATION OF SERVICE AGREEMENT: This Agreement can be terminated for cause by either party in the event of default by the other party, if the default is not cured within 60 days of the receipt of notice of default, the contract shall be terminated. Notice of default is to be mailed to the other party by registered mail. In all cases, the Service Agreement can be terminated upon 180-day written notice. .Termination will deem the Agreement null and void. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first written above. CITY OF FRIDLEY � Nancy J. Jorgenson, Mayor By William W. Burns, City Manager BROWNING FERRIS INDUCTRIES, INC. By . By 2o tis FRIDLEY RECYCLING CENTER METALS REDEMPTION SERVICE AGREEMENT THIS AGREEMENT, made this day of , 1997, by ant between the City of Fridley, a municipal corporation organized and existing under the laws of the State of Minnesota, hereinafter called "the City," and Great Western Recycling Industries Incorporated, a Minnesota S-corporation duly authorized to do business in the State of Minnesota, herein called "the Contractor." The Fridley Recycling Center is located at 350 - 715t Avenue N.E., Fridley, Minnesota, and will herein be called the "Center." WITNESSETH: It is agreed that the City will operate and staff the Fridley Recycling Center. The Contractor will provide equipment and transportation services for metals collected at the Center as specified in this agreement. The City and Contractor mutually agree that uninterrupted service at the Fridley Recycling Center is critical to providing a public service; therefore, the City and Contractor agree to the following conditions: I. TERM OF SERVICE: The Contractor is to service the Fridley Recycling Center from February 1, 1998, through January 31, 1999. An additional one (1) year extension of this agreement may be granted upon mutual agreement of both parties. II. COMPENSATION: The Contractor will provide the service and equipment detailed in this agreement and will pay the City $.0375 per pound less than the average Peony Inc. Consumer/Broker/Exporter Buying price for Baled/Densified Used Beverage Cans (UBC's) the day the aluminum load is transported from the Center. The Contractor shall not charge the City transportation fees to transport aluminum trailers. The Contractor shall also pay the City $60 per ton for scrap metal collected at the Center. The Contractor shall not charge the City transportation fees for transporting scrap metal from the Center. Payments made by the Contractor to the City must be received within 30 days of transport from the Center. III. SERVICES TO BE PROVIDED BY THE CONTRACTOR: The Contractor hereby agrees to furnish for the term of this Agreement and as part of the consideration of this Agreement the following: A. EQUIPMENT: The Contractor shall provide the following equipment: 1) One aluminum can flattener/magnetic separator/blower machine, including blower chute 20t07 2) One lockable semi-truck trailer appropriately designed to accommodate blower chute and a replacement trailer when one is removed 3) One 20 HP Power Converter that will allow provided blower to operate under the existing single phase electrical power source. 4) Minimum 20 cubic yard capacity lugger box for scrap metat B. EQUIPMENT MAINTENANCE: The Contractor shall be responsible for the maintenance of the Contractor's equipment. Contractor will keep in good repair all equipment that it owns at the Center and shall respond and begin repairs within 24 hours of notice by the City of the need for repair or replacement of any equipment owned by the Contractor that is not functioning properly. Under no circumstances should the City be without operational equipment for more than two successive business days. C. REMOVAL OF RECYCLABLES: The Contractor shall transport aluminum and scrap metal from the Center. Upon notification from the City, the Contractor shall exchange full containers/trailers within 24 hours, Monday through Friday. D. WEIGHT SLIPS: The Contractor shall provide the City with copies of weight slips for aluminum cans and scrap metal transported from the Center. Reports of the net weight of recyclables collected by the Contractor shall be sent to the City on a monthly basis. IV. SERVICES TO BE PROVIDED BY THE CITY: The City hereby agrees to provide the following for the term of this Agreement and as part of consideration for this Agreement the following: A. STAFF: The City will provide the necessary staff to efficiently and safely operate the Contractor's equipment. Staff will be trained to collect recyclables according to the Contractor's separation preferences and to maintain the cleanliness of the equipment. B. UTILITIES: The City will pay for the utility costs related to operating the Contractor's and the City's equipment and building. C. CLEAN PRODUCT: The City will be responsible for providing the Contractor with clean recyclables to market. V. INDEMNIFICATION: The City and Contractor each agree to hold the other harmless against any and all claims and actions brought against them as the result of any alleged actions, wrongful or negligent, by their agents, employees, equipment or fixtures at the Center or elsewhere resulting in damages, including any costs incidental to their defense. li i : VI. INSURANCE: The Contractor shall provide the City evidence of the following insurance: A. Comprehensive general liability insurance against liability imposed bylaw for bodily injury or death in the amount of $1,000,000 for any one person and in the sum of $2,000,000 for finro or more persons for the same occurrence and for damages to property in the sum of $2,000,000. The City shall be named insured on said policy. B. Vehicle liability insurance including coverage for non-owned or hired vehicles in the sum of $1,000,000 for each accident. C. The City agrees to maintain general liability insurance at the Center to insure against any potential liability for injuries that may occur to persons not party to this Agreement while on the premises. The City agrees to also maintain liability insurance at the Center to insure againsf the potential loss, or damage of Contractor's equipment due to fire or other hazard. VII. TERMINATION OF SERVICE AGREEMENT: This Agreement can be terminated for cause by either party in the event of default by the other party, if the default is not cured within 60 days of the receipt of notice of default, the contract shall be terminated. Notice of default is to be mailed to the other party by registered mail. In all cases, the Service Agreement can be terminated upon 180-day written notice. Termination will deem the Agreement null and void. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first written above. CITY OF FRIDLEY By Nancy J. Jorgenson, Mayor GREAT WESTERN INDUSTRIES, INC. : By By William W. Burns, City Manager Andrew Staebell, President 20309 Eng�necr�nq Sewer Walcr Parks Sbectti Ma�nlen,�nce City of Fridley RAND UM TO: William W. Burns, City Manager ,�� FROM: John G. Flora,`Public Works Director PW97-289 DATE: November 7, 1997 ' SUBJECT: Rice Creek Bank Stabilization Project No. 309 The attached resolution orders the preparation of final plans and specifications for the Rice Creek Bank Stabilization Project No. 309. To allow for early bids and the contractor option of starting the proj ect late this winter or during the spring or summer of 1998, request the Council adopt the attached resolution so that we may proceed with the proj ect development. JGF:cz Attachment 21.07 RESOLIITION NO. - 1997 R$SOLIITION ORD}3RING FINAL PLANS AND SP�CIFICATIONS AND $STIMATl3S OF COSTS THER}30Fs RICl3 CRL}3K PROJECT NO. 309 WHEREAS, certain agreements requesting creek bank stabilization improvements, including grading, storm sewer system, landscaping and other facilities, located as follows: RICE CREEK BETWEEN 477 AND 601 RICE CREEK TERRACE WHEREAS, Resolution No. _- 1997 ordered the preliminary report, and WHEREAS, Resolution No. - 1997 received the preliminary report and set a public hearing on the matter of the construction of certain improvements for this project, and WHEREAS a public hearing on this improvement was held on November 10, 1997. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley, Anoka County, Minnesota, as follows: 1. The Council finds and determines that said agreements were signed by owners of real property abutting upon the street(s) named as the location of the improvement. 2. That the following improvement proposed by Council Resolution No. - 1997 are hereby ordered to be effected and complete as soon as reasonably possible,; to wit: Creek bank stabilization, including grading, storm sewer system, landscaping and other facilities located as follows: RICE CREEK BETWEEN 477 AND 601 RICE CREEK TERRACE 3. John G. Flora is hereby designated as the engineer for this improvement. He shall prepare plans and specifications and estimates of costs thereof for the making of such improvements. PASSI3D AND ADOPTTsD BY TH}3 CITY COIINCIL OF THE CITY OF FRIDLEY THIS lOTH DAY OF NOVEMB$R, 1997. ATTEST: WILLIAM A. CHAMPA - CITY CLERK f�f:��[�'��3��I��Y�]��uY�`Z��7 21.02 a. MEMORANDUM PLANNING DIVISION DATE: November 7, 1997 � TO: William W. Bums, City Manager � FROM: Barbara Dacy, Community Development Director Scott J. Hickok, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Resolution Approving Final Plat, P.S. #97-05, Walton Second Addition, by Bachman's, Inc. Todd Bachman, Bachman's Inc. has requested a plat to provide a two lot subdivision. The largest lot will accommodate a new Bachman's retail center. The second, smaller lot will accommodate a future restaurant, or smaller retail user. This plat consists of 12.36 acres and is located north of 815t Avenue NE and Sam's Club and west of the West University Avenue Service Drive. McCombs Frank and Roos Associates has submitted the final mylars for approval and signature by the City Council. Staff has reviewed the final plat and has found that it complies with the subdivision ordinance and that it is correct. Anoka County has also approved the plat in its preliminary form. There were no changes to the plat from the City Council's review of the preliminary plat on October 27, 1997. At the October 27, 1997, meeting, the Council approved the plat with the following 3 stipulations: 1. Execute and record common storm water 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; and 3. Rezoning Request, ZOA #97-08, shall be approved. RECOMMENDATION Staff recommends that the City Council Approve the resolution approving the final plat of Walton Second Addition with the aforementioned stipulations and authorize the Mayor to sign said final plat. ';� p� � � � RESOLUTION NO. -1997 A RESOLUTION APPROVING A FINAL PLAT, P.S. #97-05, WALTON SECOND 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 October 27, 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 Second 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 with Anoka County within six (6) months or said approval will become null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1997. ATTEST: WILLIAM A. CHAMPA - CITY CLERK NANCY J. JORGENSON - MAYOR Page 2- Resolution No. - 1997 EXHIBIT A 1. Execute and record common storm water 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; and 3. Rezoning Request, ZOA #97-08, shall be approved. � �a �� o� �U � O Z < � � �--i E"+ � A A � i� � �� 1 �� i� �;� �� g : . �� $a �� g� i{ �� i 1 s , s � I ' ;.' t � : � � �$ �� ' � `� i �ii;`�� ' �• � � � I � � � .g �� i� �r t� d '_{"��;�� ` �`� ia ' � ; � i# ��iji � � � �t�ij°� � �� t � j � i��•i ��i �� I� ?�r 1� ;,;� �� : � � � � ,l�� ,�� ; i � � � ��t�� (� i �?� � �s1 �i��" ! �� s � � � � � � � � <;# :31ii # � . � I� � � � ! a � � �i�� :� #� �� }�u��l'�� 2� i$ �:� f :a��;�#� � i : A i / Z t:. � %� N ��, � 4- r � -- ' / ,/� _ 'L-7�"-E'`" � � _ �. Or : �-�" �,�,� . ^ .: � Z �l a F�1 �aI Y �:, � � •:I � :� :� � � :� b � � ;�. :. . ;i . :<� ,. �i � � 3 ,�I b �I 6 Q:Q� � I L ' I J ` � 7 A N 7 A f � L I f i 7 A� M � .. ,.� .r.�•�� yrnrt 71�1t ' I : . � i �i � ' p � �� : f � --------�'� a - - --- - �w w E A a � 7 � 1 � ■ � � ■ _"._ ' _""".. _ ___._.. . . � .. ..._..... _ ._.._...� -• __.__.' " "'_"" " "'_'""' " _ Q _.. ..._ . . �..._-� ...� �� ? �� . � �� a( �i � : 4 I i� ; w ( r I 1 I S;Q�i � ,� �� ;�� a4� U 3 �! ��' � a � x � � �� : �' �� . a �� 8 �8 � e �� ' , City of Fridley 1��_� TO: William W. Burns, City Manager �� FROM: John G. Flora, �ublic Works Director DATE: November 7, 1997 SUBJECT: Ordering Final Plans - ST 1998 - 1 ' � • :: The attached resolution orders the fmal plans and specifications for the Hackmann Avenue Street Improvement Project No. ST. 1998 - 1. To process this project for early 1998 award, request the Council adopt the attached resolution ordering final plans and specifications for Project No. ST. 1998 - 1. JGF:cz Attachment 22:01 R$SOLIITION NO. - 1997 RESOLIITION ORDLRING FINAL PLANS AND SSTIMAT]3S OF COSTS TH$REOFs HACKMANN AVENIIS IMPROVSMSNT PROJSCT NO. ST. 1998-1 WHEREAS, Resolution No. - 1997 ordered the preliminary plans, specifications and estimates of the costs thereof for the improvements in this project, and WHEREAS, Resolution No. - 1997 received the preliminary report on the matter of improvements for this project, and WHEREAS, a public hearing was held on November 10, 1997 regarding this project, and WHEREAS, Petition No. - 1997 was received requesting the street on the petition be added to the City's 1998 street reconstruction program, and WHEREAS, the City Council has determined a need to reconstruct the street to maintain it in a safe condition and at a reasonable cost. NOW, THEREFORE, BE IT RESOLVED THAT, the City Council of the City of Fridley, Anoka County, Minnesota, as follows: 1. That the following improvements proposed by Council Resolution _- 1997 are hereby ordered to be effected and completed as soon as reasonably possible, to-wit: Street improvements including grading, stabilized base, hot- mix bituminous mat, concrete curb and gutter, storm sewer system, water and sewer services, landscaping, and other facilities. 2. That the following street be incorporated in the 1998 street improvement projects as ST. 1998 - 1: HACKMANN AVENUE AND HACKMANN CIRCLE BETWEEN HATHAWAY AND TENNISON 3. That the work to be performed under this project may be performed under one or more contracts as may be deemed advisable upon receipt of bids. 22.�2 RESOLUTION NO. - 1997 PAGE 2 � 4. That the Public Works Director, John G. Flora, City Hall, Fridley, Minnesata, is hereby designated as the Engineer for this improvement. He shall prepare final plans and specifications for the making of such improvements. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS lOTA DAY OF NOVEMBER, 1997. ATTEST: WILLIAM A. CHAMPA - CITY CLERK NANCY J. JORGENSON - MAYOR 22.03