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09/14/1998 - 4829OFFICIAL CITY COUNCIL AGENDA COUNCIL MEETING SEPTEMBER 14, 1998 � unror FRIDLEY FRIDLEY CITY COUNCIL MEETING ATTENDENCE SHEET MandcEy, Sep�e.rnbelc 14, 199� ' 7:30 P.M. PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN PRINT NAME (CLEARLY} ADDRESS ITEM NUMBER ��7�11��-' �'�C.� �-- ��Z � '�� 'zj't`-' `_� � , j'Y��L� � �' �,t, � � � �'�' �- r-� � s �i � �7 �� ' � � �,; -��r �� l' � �s 2 . � . r . � r, , f, � ,� �, �r' � � � �f C C' — �' j/r� v�' 'r �" � �- .� ��_� K �� y �s �'_� �� ( t , � %ca �� _� v � =1�`fz>"�G�t�?c"/_°`— �-�'"��iCf'%�<T�R �•,� /j� /L:<::/l; �%4!/ ..�r%`�`'� `7�"c'/ ��s �' �'�� i � � � �� - ? > > r l�' �'��- 4 s �`— %/� ��. r %� � , `__�_ �!/ �' �" ",C_ S�' G�f U� � n• , ` / �-f � ' - � - � �� -�`` �� %� . �� e . 7 2_ ./,� i.�� i ,� /(�� " �/l�c � =' � G-'� ' � v � ��` `,� L.'�- �%i� �,`� o� G^n C %� ;;' P , G` --- +d - �'!i�cfG �K��.c:�si?5 � �� L� �.�z�!%tvl .S'?�/ !�: _ aem .� 'n ( !I �4Li�r C_ � � G S C �3 li�"�4� � i i�. p% . �'' �-i ..�, ��'�' v, �'�j,v� f� " i � rYVL;Sti 17 �� ;�� ::� ��s � �'�>.,��1�� -s�.( '' 1� - 2�� ' / � j� N L �L, l C. � N�, LFL- (f(�� ( 1°'� G>'(..) �/�� Q: .4i�! ..�..- NC.iJ . J / / -7— / � �S.S� :�zll�i.t,�" � l • �/ � ;71 �^ i'u � �.-^��:�� ,�� ( S = s � ' �.,C�% � �7 �� % `7 /� ,, �^ � -� �, -? . �` � � - '� Gi�1 !�eL'G =Gl� /�./y' E�7j`�', /�':cn %� ~�' `��✓i F�';�^.�, ` !"��>� �7'�'��, ' l.. �— �.1. �� i� t9.or -i�1,1 � � FRIDLEY CITY COUNCIL MEETING OF �oF SEPTEMBER 14, 1998 FRIDLEY 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 ori�in, sex, disability, aae, marital status, sexual orientation or status with regard to public assistance. L`pon requeyt, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearin� 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. PROCLAMATIONS: National Breast Cancer Awareness Month: October, 1998 National Mammography Day: October 16, 1998 APPROVAL OF MINUTES: City Councii Meeting ofAugust 24, 9998 . APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: Receive the Planning Commission Minutes of September 2, 1998 ................................................................ 1.01 - 1.25 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 14. 1998 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): Resolution Authorizing Changes in Appropriations for the General Fund and the Capital Improvement Fund Through July 31, 1998 ................................................................. 2.01 - 2.03 Resolution Extending Retirement Benefits to Consolidated Public Employees Retirement Association Police Employees ....................................................................... 3.01 - 3.02 Resolution Approving the Use of the Public Employees Retirement Association (P.E.R.A.) Early Retirement Factors as Retirement Factors for the Members of � the Consolidated Police P.E.R.A . ............................................. 4.01 - 4.02 Receive Bid and Award Contract for Sylvan Pump Station Upgrade .................................................. 5.01 - 5.04 Approve Agreement for Legal Services . Between the City of Fridley and Holstad & Knaak, P.L.0 . ......................................................................... 6.01 - 6.06 I; FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 14, 1998 PAGE 3 APPROVE PROPOSED CONSENT AGENDA• NEW BUSINESS (CONTINUED)• Appointment: City Employee .................................................... 7.01 Claims....................................................................................... 8.01 Licenses.................................................................................... 9.01 - 9.05 Estimates................................................................................... 10.01 - 10.25 ADOPTION OF AGENDA: OPEN FORUM. VISITORS: Consideration of Items Not on Agenda (95 minutes). FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 14, 1998 PAGE 4 PUBLIC HEARINGS: Zoning Text Amendment, ZTA #98-02, by the City of Fridley, to Create a New Zoning District for Industrial Lots Below One and One Half Acres in Size with Special Attention in the Onaway Addition ........................................... 11.01 - 11.28 Rezoning Request, ZOA #98-02, by Roslyn Park Wesleyan Church, to Rezone Property from R-2, Two Family Residential, to R-3, Multi-family Residential, so that all of the Church Property is Located within a Single Zoning District, Generally Located at 5300 Sixth Street N.E. (Ward 1) .......................................................... 12.01 - 12.10 Zoning Text Amendment, ZTA #98-01, by CeIINet Data Services (MSP), Inc., to Allow Automatic Meter Reading Devices in the Public Right-of-Ways and on Public Utility Structures....................................................................................... 13.01 - 13.07 Supplemental Public Hearing for Central Avenue Improvement Project No. ST. 1998 - 4 ....................................................................................... 14.01 - 14.06 �r,�r,� '-., ...�., ,.... . ��.�� ...� ��...v��v�� n�� i inv vr �cr � tm�stK 74, 799t3 PAGE 5 NEW BUSINESS: First Reading of an Ordinance Recodifying the Fridley City Code, Chapter 205, Entitled "Zoning," by Adding New Section 205.25, "S-3, Heavy Industrial, Onaway Addition District;" to Renumber Remaining Sections in the Zoning Code; to Amend Section 205.18.03.A; and to Make a Change in ZoningDistricts .................................................................................... 15.01 - 15.19 First Reading of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA #98-02, by Roslyn Park Wesleyan Church) (Ward 1) ................................................................................ 16.01 - 16.02 Resolution Approving a Vacation, SAV #98-02, Generally Located at 5300 Sixth Street N.E. (Alley Vacation, SAV #98-02, by Roslyn Park Wesleyan Church) (Ward 1) ................................................................................ 17.01 - 17.33 First Reading of an Ordinance Recodifying the Fridley City Code, Chapter 205, Entitled "Zoning," by Amending New Section 205.29, "0-5 Telecommunications Towers and Facilities District" to Regulate Automatic Meter Reading Systems by Amending the Third "Whereas," and by Amending Sections 205.29.01, 205.29.02, 205.29.03, 205.29.05, 205.29.07, 205.29.19, 205.29.22, 205.29.23; and by Amending. Section 11.10, Fees (Zoning Text Amendment, ZTA #98-01, by CeIINet Data Services) .................................................................... 18.01 - 18.18 FR�nt_EY CITY COUNCIL MEETING OF SEPTEMBER 14, 1998 PAGE 6 NEW BUSINESS �CONTINUED): Variance Request, VAR #98-25, by Margaret Schatz, First Industrial L.P., to Allow the Construction of a New Unscreened Loading Dock Adjacent to the Public Right-of-Way, Generally Located at 7925 Beech Street (Ward 3) ............................................... 19.01 - 19.12 Informal Status Reports ....................................................................... 20.01 ADJOURN. � / ' ' FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 14, 1998 '� QTY OF FRIDLEY The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Heazing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. PROCLAMATIONS: National Breast CancerAwareness Month: October, 1998 Naiiona! Mammography Day: Ocfober 16, 1998 APPROVAL OF MINUTES: City Council Meeting of August 24, 1998 1 / ' f l APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: Receive the Planning Commission Minutes of September 2, 1998 ........................ 1.01 - 1.25 ,1 { Resolution Authorizing Changes in Appropriations for the General Fund and the Capital Improvement Fund Through July 31, 1998 ......................... 2.01 - 2.03 � � APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): Resolution Extending Retirement Benefits to Consolidated Public Employees Retirement Association Police Employees ............................... 3.01 - 3.02 Resolution Approving the Use of the Public Employees Retirement Association (P.E.R.A.) Early Retirement Factors as Retirement Factors for the Members of the Consolidated Police P.E.R` ...... 4.01 -4.02 Receive Bid and Award Contract for Sylvan Pump Station Upgrade .......... 5.01 - 5.04 Approve Agreement for Legal Services Between the City of Fridley and Holstad & Knaak, P.L.0 . ..................... .......... 6.01 - 6.06 Appointment: City Employee ..... 7.01 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 14, 1998 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): Claims ................................... 8.01 licenses ................................... 9.01 - 9.05 �'�� --�� ..� .� �s Estimates ................................10.01 -10.25 ADOPTION OF AGENDA: �� _ � D ,�. Cd ,4/4' OPEN FORUM. VISITORS: Consideration. of Items Not on Agenda (15 minutes). PUBLIC HEARINGS: Zoning Text Amendment, ZTA #98-02, by the City of Fridley, to Create a New Zoning District for Industrial Lots Below One and One Half Acres in Size with Special Attention in the Onaway Addition .............................. 11.01 -11.28 Rezoning Request, ZOA #98-02, by Roslyn Park Wesleyan Church, to Rezone Property from R-2, Two Family Residential, to R-3, Multi-family Residential, so that all of the Church Property is Located within a Single Zoning District, Generally Located at 5300 Sixth Street N.E. (Ward 1) ........ 12.01 - 12.10 PUBLIC HEARINGS (CONTINUED): Zoning Text Amendment, ZTA #98-01, by CeIINet Data Services (MSP), Inc., to Allow Automatic Meter Reading Devices in the Public Right-of-Ways and on Public Utility Structures .................................. 13.01 - 13.07 Supplemental Public Hearing for Central Avenue Improvement Project No. ST. 1998 - 4 .................................. 14.01 - 14.06 �pp�o r�2�c! �e . 1,� �-�%G �P l. �or- Ir��.ar�s C,h,r'��;�tcs T�� Sa.�P� — 7� �—E� •f'z !`�� NEW BUSINESS: Y��; First Reading of an Ordinance Recodifying the Fridley City Code, Chapter 205, Entitled "Zoning," by Adding New Section 205.25, "S-3, Heavy Industrial, Onaway Addition District;" to Renumber Remaining Sections in the Zoning Code; to Amend Section 205.18.03.A; and to Make a Change in Zoning Districts ................................. 15.01 - 15.19 a �� "�� , First Reading of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA #98-02, by Roslyn Park Wesleyan Church) (Ward 1) ................................. 16.01 - 16.02 G�-0�-c� l�� ' Resolution Approving a Vacation, SAV #98-02, Generally Located at 5300 Sixth Street N.E. (Atley Vacation, SAV #98-02, by Roslyn Park Wesleyan Church) (Ward 1) ................................. 17.01 - 17.33 l�� P� �, . �� " �l� � FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 14, 1998 P�1GE 3 NEW BUSINESS (CONTINUED): First Reading of an Ordinance Recodifying the Fridley City Code, Chapter 205, Entitled "Zoning," by Amending New Section 205.29, "0-5 Telecommunications Towers and Facilities DistricY' to Regulate Automatic Meter Reading Systems by Amending the Third "Whereas," and by Amending Sections 205.29.01, 205.29.02, 205.29.03, 205.29.05, 205.29.07, 205.29.19, 205.29.22, 205.29.23; and by Amending Section 11.10, Fees (Zoning Text Amendmenf, ZTA #98-01, by CeIINet Data Services) .................. 18.01 -18.18 1�,' ��, . � Variance Request, VAR #98-25, by Margaret Schatz, First Industrial L.P., to Allow the Construction of a New Unscreened Loading Dock Adjacent to the Public Right-of-Way, Generally Located at 7925 Beech Street (Ward 3) .........e.` .................... 19.01 - 19.12 J 1- rT - Informal Status Reports ......................... 20.01 ADJOURN. C� / � NATIONAL BREAST CANCER AWARENESS MONTH October, 1998 NATIONAL MAMMOGR.APHY DAY October 16, 1998 WHEREAS, this year, more than 180, 000 women in the United States will learn for the ftrst time that they have breast cancer, and more than 40,000 women will lose their lives; and WHEREAS, early detection and prompt treatment can significantly reduce the suffering and deaths caused by this disease; and WHEREAS, in recognition of the fact that mammography, an "x-ray" of the breast, is the single most effective method of detecting breast changes that may be cancer, long before physical symptoms can be seen or felt; NOW THEREFORE, BE IT RESOLVED, that 1, Nancy J. Jorgenson, Mayor of the City of Fridley, hereby proclaim the month of October, 1998, as NATIONAL BREAST CANCER AWARENESS MONTH and Friday, October 16, 1998, as NATIONAL MAMMOGRAPHY DAY in the City of Fridley, Minnesota. ■ IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Fridley.to be a�xed this 14th day of September, 1998. NANCYJ. JORGENSON, MAYOR TI� MINUTES OF THE FRIDLEY CITY COUNCIL MEETING OF AUGUST 24,1998 THE MINUTES OF TAE REGULAR MEETING OF TAE FRTDLEY CITY COUNCii. OF AUGUST 24, 1998 The Regular Meeting of the Fridley City Council was called to order by Mayor Jorgenson at 7:30 p.m. PLEDGE OF ALLEGiANCE: Mayor Jorgenson led the Council and audience in the Pledge of Aliegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Jorgenson, Councilmember Barnette, Councilmember Billings, Councilmember Schneider and Councilmember Bolkcom MEMBERS ABSENT: None PROCLAMATiONS: United Wav Weekend: Au�ust 28 - 30, 1998: Mayor Jorgenson read this proclamation designating August 28 - 30, 1998 as United Way Weekend in the City of Fridley, Minnesota. She encouraged residents to take note of the United Way programs and services available both where they live and work. Fourmies France Annreciation Dav: Sentember 7, 1998: Mayor Jorgenson read this proclamation designating Monday, September 7, 1998 as Fourmies France Appreciation Day in the City of Fridley. A reception will be held on September 7, 1998 to commemorate the twentieth anniversary of the Sister Cities relationship between Fridley and Fourmies, France. APPROVAL OF MTNUTES: CITY COUNCiL MEETiNG - JULY 27, 1998: An error was noted in the agenda for this item. This should have been listed as a regular council meeting, rather than a"special" Councii meeting. MOTION by Councilmember Billings to approve the minutes of the July 27, 1998 City Council Meeting as presented in writing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. C1TY COUNCIL MEETiNG OF AUGUST 24, 1998 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSiNESS: 1. RESOLUTiON NO. 50-1998 ADOPTTNG A"PROPOSED" BUDGET FOR THE FiSCAL YEAR 1999: Mr. Burns explained that this is a Preliminary Draft Budget for 1999. Minnesota Statutes require that this proposed budget be sent to the County Auditor by September 15 of each year. The total amount budgeted is $15,005,250. This is broken down as follows: * General Fund $11,074,936 *Special Revenue Funds $ 932,492 *Capital Project Funds $ 2,990,000 *Agency Fund $ 7,822 Mr. Burns explained that while the appropriations for 1999 are projected at more than 21 percent greater than they were for the year 1998, most of the projected increase is for planned capital improvements. In addition to other costs, the 1999 preliminary draft budget provides for two additional police officers (subject to grant funding), the operation of a newly established youth center, the purchase of a new fire engine, and playground equipment upgrades at six neighborhood parks. Also budgeted is a major street improvement project in the Riverview Heights section of Fridley. All of these items are subject to further citizen and Council review. The public hearing for the 1999 budget is scheduled for December 7, 1998, at 7:30 p.m. in the Council Chambers. ADOPTED RESOLUTION NO. 50-1998, ADOPTING A"PROPOSED" BUDGET FOR THE FISCAL YEAR 1999. 2. RESOLUTtON NO. 51-1998 CERTiFYiNG "PROPOSED" TAX LEVY REQUiREMENTS FOR 1999 TO THE COUNTY OF ANOKA: Mr. Burns noted that this item accompanies the preliminary draft budget and will be submitted to the County with the budget. It identifies the level of property taxation necessary to fund the proposed budget. While the amount may be lowered as a result of subsequent budget discussions, it may not be raised above the amount certified by this resolution. This year, staff is recommending that the levy be set at $4,034,919, which is essentially the same levy that has been approved the last four years. ADOPTED RESOLUTION NO. 51-1998, CERTIFYING "PROPOSED" TAX LEVY REQUIREMENTS FOR 1999 TO THE COUNTY OF ANOKA. CiT'Y COUNCIL MEETiNG OF AUGUST 24, 1998 PAGE 3 3. RESOLUTTON NO 53-1998 CONSENTTNG TO TAE AOUSiNG AND REDEVELOPMENT AUTHORiTY IN AND FOR THE CITY OF FRiDLEY, MiNNESOTA. ADOPTiNG A 1998 TAX LEVY COLLECTiBLE IN 1999: Mr. Burns, City Manager, explained that this is the third year that the HItA will levy property taxes to help support it housing rehabilitation programs. In 1999, it is expected that the levy will generate $183,524. The continuation of the levy was approved by the HRA at their August meeting. ADOPTED RESOLUTION NO. 52-1998, CONSENTING TO THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF FRIDLEY, MINNESOTA, ADOPTING A 1998 TAX LEVY COLLECTIBLE IN 1999. 4. RESOLUTTON NO 53-1998, APPROVING A DE-CERTiFTCATiON OF THE DRIVEWAY TAX ASSESSMENTS FOR PAUL BEALL, 261-57TH PLACE N.E. �WARD 3): Mr. Burns stated that Mr. Beall opted not to install a driveway as part of the City's 1997 bulk driveway contract. While Mr. Beall had previously agreed to be inciuded in the contract, he subsequently determined that the driveway construction would exacerbate drainage problems on his property. Since Mr. Beall's name had been certified to the County, it is now necessary to de-certify his name. ADOPTED RESOLUTION NO. 53-1998, APPROVING A DE-CERTIFICATION OF THE DRIVEWAY TAX ASSESSMENTS FOR PAUL BEALL, 2G1 5TTH PLACE N.E. (WARD 3). 5. RESOLUTiON NO 54-1998 DESiGNATiNG POLLiNG PLACES AND APPOTNTTNG ELECTION JUDGES FOR THE 1998 TWO-YEAR ELECTTON CYCLE: Mr. Burns stated that staff is recommending Council's concurrence with the polling places and election judges listed on pages 5.02 throujh 5.04 of the agenda. ADOPTED RESOLUTION NO. 54-1998, DESIGNATING POLLING PLACES AND APPOINTING ELECTION JUDGES FOR THE 1998 TWO-YEAR ELECTION CYCLE. 6. RESOLUTiON NO. 55-1998 iNiTiATiNG THE PROCESS FOR THE SALE OF THE CiTY'S $4 185 000 TAXABLE GENERAL OBLTGATiON TAX �NCREMENT BONDS. SERIES 1998B: Mr. Burns explained that up to this point, the Lake Pointe property acquisition that was completed in 1992 has been funding through temporary tax increment bonds. Since the City has reached the end of the time allowable under State law for temporary financing, staff is CiTY COUNCiL MEETTNG OF AUGUST 24, 1998 PAGE 4 recommending that Council approve the initiation of permanent tax increment bond financing. The new financing will be used to retire $4,090,000 in temporary debt. ADOPTED RESOLUTION NO. 55-1998, INITIATING THE PROCESS FOR THE SALE OF THE CITY'S $4,18�,000 TAXABLE GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1998B. 7. RESOLUTION NO. SG-1998 ADJUSTiNG THE SALARIES OF THE POLiCE TECHNICiANS: Mr. Burns noted that this action would reclassify the Police Technician job from Grade D to Grade E, retroactive to January 1, 1997. It mirrors a reclassification for secretarial positions that was approved as part of the 1997 budgeting process. Staffs recommendation follows a very thorough reclassification study requested by the Police Technicians. The cost of the reclassification for the seven incumbents is about $17,000 per year. ADOPTED RESOLUTION NO. 5G-1998 ADJUSTING THE SALARIES OF THE POLICE TECHNICIANS. 8. ESTABLTSH A SUPPLEMENTAL PUBLTC HEARTNG FOR TAE CENTRAL AVENUE iMPROVEMENT PROJECT (WARD 2) (CONCRETE CURB ASSESSMENT): Mr. Burns stated that since the Central Avenue project has been modified to include curb and gutter on the east side of Central Avenue between 73rd Avenue and 66th Avenue, it is necessary to hold additional assessment hearings for property owners impacted by the modifications. Staff is proposing to establish September 14, 1998 as the public hearing date. ESTABLISHED SUPPLEMENTAL PUBLIC HEARING FOR THE CENTRAL AVENUE IMPROVEMENT PROJECT (WARD 2) (CONCRETE CURB ASSESSMENT) FOR SEPTEMBER 14, 1998. 9. APPROVE REViSED JOiNT POWERS AGREEMENT BETWEEN THE CITY OF FRiDLEY AND COUNTY OF ANOKA FOR THE TMPROVEMENT OF CENTRAL AVENUE FROM HiGHWAY GS TO 81ST AVENUE N.E. (WARD 2): Mr. Burns stated that this reflects that Medtronic Inc., the City, and the County have agreed to modify the Old Central Avenue reconstruction project in a manner that provides for curb and gutter on the east side of the road between 66th and 73rd Avenues. In order to do this, storm sewers for the east side of the road must be tied into a large storm sewer being constructed on the west side of the highway. The cost for these changes is estimated at an amount not to exceed $200,000. County and City staff have agreed to share these costs. Additionally, the City has agreed to annually clean two large stormceptors that lie within the project boundaries. Much of the City's additional cost for these changes will be offset by assessments to adjoining property owners for concrete curb and gutter. CITY COUNCIL MEETiNG OF AUGUST 24, 1998 PAGE 5 APPROVED REVISED JOINT POWERS AGREENIENT BETWEEN THE CITY OF FRIDLEY AND COUNTY OF ANOKA FOR TFIE IMPROVEMENT OF CENTRAL AVENUE FROM HIGHWAY 65 T0 81ST AVENUE N.E. (WARD 2). 10. APPROVE ANTMAL CONTROL CONTRACT BETWEEN TAE CITY OF FRIDLEY AND BRTGHTON VETERINARY HOSPiTAL: Mr. Burns stated that staff is recommending that the current contract for animal control be extended without change to 1999. The City's Police Department has been very satisfied with the services provided. APPROVED ANIMAL CONTROL CONTRACT BETWEEN THE CITY OF FRIDLEY AND BRIGHTON VETERINARY HOSPITAL. 11. APPOiNTMENT - CITY EMPLOYEE.: Mr. Burns stated that staff is recommending the appointment of Debra Skogen as the City Clerk/Records Manager. Ms. Skogen will be earning her Municipal Clerk's certification at the University of Minnesota-Municipal Clerks Institute by the end of this year. She has been employed for the past 5 1/2 years as City Clerk for the City of Robbinsdale. She has also been employed by the Minnesota State Senate and the Dayton Hudson Corporation. APPROVED APPOINTMEIVT OF MS. DEBRA SKOGEN AS THE NEW CITY CLERKlRECORDS MANAGER. 12. CLAtMS. APPROVED THE PAYNIENT OF CLAlNI NOS. 82029-82541. 13. LiCENSES. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE IN THE LICENSE CLERK'S OFFICE. 14. ESTiMATES: APPROVED THE ESTIMATES AS FOLLOWS: Frederic W. Knaak, Esq. Holstad and Larson, PLC 3535 Vadnais Center Drive St. Paul, MN 55110 Services Rendered as City Attorney for the Month of July 1998 $ 4,250.00 CI7'Y COUNCiL 1VTEETING OF AUGUST 24, t998 PAGE 6 Newquist & Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432 Services Rendered as City Prosecuting Attorney for the Month of May, 1998 $ 16,110.00 Park Construction Company 7900 Beech Street N.E. Fridley, MN 55432-1795 Rice Creek Bank Stabilization Project No. 309 Estimate No. 6 $ 4,882.24 Forest Lake Contractin� 14777 Lake Drive Forest Lake, MN 55025 57th Avenue (CR 102) Reconstruction Project No. ST 1997-4 Estimate No. 2 $2�3,617.76 MOTION by Councilmember Schneider to approve the Consent Agenda as presented. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL NIEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRiED UNANIMOUSLY. ADOPTiON OF AGENDA: Councilmember Bolkcom asked that approval of a the Tower Site Lease Agreement be added to the agenda. This item will be discussed immediately following the Open Forum. MOTION by Councilmember Bolkcom to approve the adoption of the Agenda AS AMENDED. Seconded by Councilmember Schneider. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM, ViSiTORS: Mayor Jorgenson explained that this is the time reserved for residents to address the Council on items that are not on the agenda. � CTTY COUNCiL MEETING OF AUGUST 24, 1998 PAGE 7 Mr. Rick Wolfe, 960 Hathaway Lane N.E., informed Council of a property directly across the street from his residence. The home is vacant at this time, and as a result, is not being properly maintained. The shrubs and bushes are overjrown, and the grass is mowed only occasionally. He asked if the City could contact the owners of the property and ask that they arrange to have someone maintain the property so that it does not become a blight to the surrounding neighborhood. Mayor Jorgenson asked that this matter be looked into by the Code Enforcement Officer. Mr. Wolfe also took this opportunity to compliment Council and staff on the work that was done after the recent storms. There were no further questions or comments from the pubiic. TOWER STTE LEASE AGREEMENT: Mr. Flora explained that staff has been working with Sprint for a number of months to install a monopole telephone antenna and dish on City property adjacent to Well No. 13. The agreement is in a similar format to the APT agreement. It calis for a monthly rental of $1,030 for a total of nine antennas with an increase of $100 per month for any additional antennas. The rent also calls for an annual increase based upon the Consumer Price Index but not less than 5 percent. The tower will be placed just north of 51 st Avenue on East River Road. The City Attorney has reviewed the agreement and found it to be acceptable. Mr. Gary Gantrud and Mr. Michael Thompson, representatives for Sprint, were present. Mr. Thompson noted that they have one other site in Fridley and that the additional site should be adequate to meet their needs. MOTION by Councilmember Bolkcom to approve the Tower Site Lease Agreement with Sprint Spectrum LP, to install a mono pole telephone antenna and dish on City property adjacent to Well No. 13. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. NEW BUSTNESS: 18. iNFORMAL STATUS REPORTS: Mr. Flora provided Council with an update on the Highway 65 road construction. He noted that they are presently working on the west side near the Lake Point intersection. The construction of the roadway will cause some temporary and some permanent road closures. They hope to complete Phase II of the project by November. Phase III will being next spring, with a completion date estimated for Aujust 1999. CITY COUNCIL MEETING OF AUGUST 24, 1998 PAGE S Councilmember Bolkcom reminded residents of the Riverview Heights Neighborhood meeting scheduled for September 3. This will be a continuation of the July 29 meeting. The meeting is scheduled for 7:00 p.m. at the Municipal Center. Mayor Jorgenson noted that there will be an Appreciation Ceremony for Pastor Al Schoonover of St. Phillip's Lutheran Church, who has been the Chairperson of the Southern Anoka County Community Consortium on Sunday, August 30 at 12:00 noon. Councilmember Schneider will be the guest for the Call on the Council on Tuesday, August 25, 1998 at 6:00 p.m. Call on the Council will hereafter run at 6:00 p.m. which is a change from the 7:00 p.m. schedule. Residents are urged to make note of this change. ADJOURNMENT: MOTION by Councilmember Schneider to adjourn the meeting. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE REGULAR MEETING OF THE FRIDLEY CITY COUNC�L OF AUGUST 24, 1998 WAS ADJOURNED AT 8:10 P.M. Respectfully submitted, Tamara D. Saeflce Nancy J. Jorgenson Recording Secretary Mayor CITY OF FRIDLEY PLANNING COMMISSION MEETING, SEPTEMBER 2, 1998 CALL TO ORDER: Chairperson Savage called the September 2, 1998, Planning Commission meeting to order at 7:30 p.m. :• s Members Present: Diane Savage, Dave Kondrick, LeRoy Oquist, Brad Sielaff, Connie Modig, Larry Kuechle Members Absent: Dean Saba Others Present: Barb Dacy, Community Development Director Scott Hickok, Planning Coordinator Carol Hogan, 7813 Madison, Spring Lake Park Jim Rhode, 39 - 77th Avenue N.E. Dick Reiling, 8050 Ranchers Road Joe Ratshe, 7779 Beech Street C. M. Peterson, 7791 Elm Street Councilmember Bob Barnette Bob Egerer, CeIINet Data Services Shirley Barton, 5331 - 5th Street Tom Stimack, 5331 - 5th Street Douglas Petty, 7805 Beech Street Jason Reiling, 8050 Ranchers Road Richard Harris, 6200 Riverview Terrace Keith Graham, Ulteig Engineers Gary Brewster, Roslyn Park Wesleyan Church Harvey Teske, 4800 Flag Avenue N., New Hope David Johnson, 6300 Georgia, Brooklyn Park Mark Koegler, Hoisington Koegler Group Inc. _..�� . � . . ..; - ; � � •uu •► u ► � MOTION by Mr. Kuechle, seconded by Mr. Sielaff, to approve the August 19, 1998, Planning Commission minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 1.01 PLANNING COMMISSION MEETING, SEPTEMBER 5, 1995 PAGE 2 1. PUBLIC HEARING• CONSIDERATION OF ZONING TEXT AMENDMENT. ZTA #98-01 BY CELLNET DATA SERVICES (MSP) INC : To allow the location and development of Microcell facilities within the City of Fridley fo� the storing, processing, filtering, and forwarding of communication data within the Public Safety and Utility bandwidth licensed by the Federal Communication Commission, including any antenna attached to such device, generally located in the City of Fridley. MOTI N by Mr. Kondrick, seconded by Mr. Kuechle, to waive the reading of the public hearing notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:33 P.M. Mr. Hickok stated the request for a zoning text amendment, ZTA #98-01, is by CeIINet Data Services to allow the location and development of microcell facilities. Their request facilitates the eventual storing, processing, filtering and forwarding of communication data within the public safety and utility bandwidth as licensed by the Federal Communications Commission. Mr. Hickok stated the Planning Commission considered this request at their meeting of August 19. At that time, the Commission considered language modifications to the City's existing telecommunications ordinance, Ordinance No. 1112. The modifications were kept specific to "Automatic Meter Reading Systems/Devices". Cellnet's interest in providing language in the code along with the placement of these devices would allow Cellnet's client, NSP, to utilize their locations for these devices. Additional text amendments would be necessary if service providers chose to expand the use of the public utilities structures for items other than these meter reading devices. This is very specific for meter reading devices. � Mr. Hickok stated an element that raised questions for the Commission and the petitioner was on page 3, paragraph (3) of the proposed language which stated that a site plan prepared to an engineer's scale would be required. This language has been replaced to read, "A location plan matching the public utility structure identification (address) and the appropriate Automatic Meter Reading Device." This modification will require a packet of attachments from the petitioner to include a matrix for the label descriptor to match the map location labels, cell identification number, latitude, longitude, street address and NSP pole identifier address. With this modification, staff recommends approval of the zoning text amendment, ZTA #98-01. Mr. Kuechle stated this does not say anything about a requirement for the accuracy of the latitude and longitude data. Is this something that should be specified? 1.02 PLANNING COMMISSION MEETING, SEPTEMBER 5, 1995 PAGE 3 Mr. Hickok stated that for that reason, staff is asking for the NSP address. Each pole has an address and an identifier number. NSP is willing to provide a GIS map with all of those points identified so that staff can take the matrix and those identifiers and be more precise on latitude and longitude. Latitude and longitude has a degree of error. Though it is important because the City will ask for it from other users, they will not rely entirely an it. The next user will ask for the NSP address so they know precisely on which pole the device is going. Mr. Egerer stated that after the last meeting, he did some checking. The surveys they did with GPS were done with a differential which places the accuracy within one to five meters. He is happy with the new language. They have no issues. MOTION by Mr. Kondrick, seconded by Mr. Oquist, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:38 P.M. Mr. Kondrick stated it looks as though everything has been taken care of to the satisfaction of the Commission as well as CeIINet. MOTION by Ms. Modig, seconded by Mr. Kuechle, to recommend approval of Zoning Text Amendment, ZTA #98-01, by CeIINet Data Services (MSP), Inc., to allow the location and development of Microcell facilities within the City of Fridley for the storing, processing, filtering, and forwarding of communication data within the Public Safety and Utility bandwidth licensed by the Federal Communication Commission, including any antenna attached to such device, generally located in the City of Fridley, as amended. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Hickok stated the City Council would consider this request on September 14. 2. PUBLIC HEARING• CONSIDERATION OF REZONING. ZOA #98-02. BY ROSLYN PARK WESLEYAN CHURCH: To rezone property from R-2, Two Family Units, to R-3, Multi-Family Residential, so that all of the contiguous Roslyn Park Wesleyan Church property is located within a single zoning district, generally located at 5300 6th Street N.E. 3. PUBLIC HEARING• CONSIDERATION OF AN ALLEY VACATION. #98-02. BY ROSLYN PARK WESLEYAN CHURCH: � To vacate all that part of the alley in Block 15, Hamilton's Addition to Mechanicsville, Anoka County, Minnesota, which lies between the Northerly line of 53rd Avenue N.E. and the Southerly line of 54th Avenue N.E. in said Block 15, generally located at 5300 6th Street N.E. 1.03 PLANNING COMMISSION MEETING, SEPTEMBER 5, 1995 PAGE 4 Ms. Savage asked that the rezoning request and the aliey vacation be considered together. MOTION by Mr. Kondrick, seconded by Mr. Oquist, to waive the reading of the public hearing notice and to open the public hearing. - UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:40 P.M. Mr. Hickok stated Roslyn Park Wesleyan Church is requesting a rezoning and an alley vacation. Mr. Brewster is requesting a rezoning of a portion of the property from R-2, Two Family Residential, to R-3, Multi-Family Residential. Currently, half of the church property is zoned R-2, and the other half is zoned R-3. Mr. Hickok stated the church properties are located on 53rd Avenue befinreen 5th and 6th Streets. The property to the east along 6th Street is zoned R-2. The property to the west along 5th is zoned R-3. The church has a master plan for eventual expansion. Having two zoning classifications makes the planning difficult. Mr. Hickok stated Mr. Brewster has also requested an alley vacation. An alley currently exists which bisects the church property. The Planning Commission considered these requests at their meeting of August 19. Residents who use the alley identified themselves as not being in support of the alley vacation request. The City Council requires a 100% support of the petitioner prior to vacation of an alley. As a result, the Planning Commission tabled the request to this meeting to allow the petitioners time to work through the issues. The petitioner has prepared an alternative solution, and the elements of this solution have been outlined in a lette� to the Commission dated September 2, 1998. In this letter, Mr. Brewster requested that both items be considered under the one petition. Mr. Hickok stated staff has reviewed the rezoning request, and the request meets the criteria utilized when considering a rezoning. Therefore, staff recommends approval of the rezoning request, ZOA #98-02, without stipulations. Mr. Hickok stated that regarding the alley, the church is requesting a partial vacation. In lieu of the alley across the church property, the church is prepared to provide at their cost a new hard surFace blacktop driveway with curb and gutter, and is prepared to offer a perpetual easement as a solution for those who wish to have the alley continue to their properties to the north. Mr. Hickok stated the request for a variance was made in the letter. This refers to Section 211 which requires that a petitioner of the adjoining properties be included showing full support and allowing 100% vacation of the alley to occur. Unlike Section 205, the Appeals Commission and City Council can grant a variance to the perFormance standards 1.04 PLANNING COMMISSION MEETING, SEPTEMBER 5, 1995 PAGE 5 of Section 205. Section 211 is not open to variance; therefore, a variance is not the appropriate mechanism to allow further consideration of this vacation. The Commission can recommend a partial vacation for City Council consideration if you feel this is appropriate. Section 211 allows for the vacation of a po�tion of the plat provided that all the owners in such a plat join in the execution of such instrument. If the alternative arrangements are suitable for those who utilize the alley and they support the request, the intent of Section 211.10 has been met. Mr. Hickok stated the proposal by the church is for the vacation of a portion of the alley that is on their property. The church is planning two future expansions. The first is to the south and the second to the west. At the time of the second expansion, they will need an accepted parking plan and will need room where the alley exists now. Mr. Hickok stated the alternative being suggested for the neighbors in lieu of the current alley would provide a driveway entering from 5th Street and extending to the alley. As part of that, the church has indicated they would make this a hard surface drive with curb and gutter, and would provide an adequate tuming radius so that anyone using the alley would be able to make that turn without complication. Mr. Hickok stated staff was able to contact one of the property owners to the north who spoke in opposition. She indicated she did not have an issue with the altemative as long as the alley functions properly in its altemative form. One of her concems was that water exists currently in the alley and hoped that the new access plan would not exacerbate any run off into that area and cause further problems. As with all projects if this were to move forward, the engineering staff would have to approve a drainage plan for that alternative access. He believed this concem had been addressed. Mr. Hickok stated that if the sentiments of the individual are accurate and others who spoke in opposition concur, staff recommend approval of the request to vacate only the church portion of the alley with the following stipulations: 1. The petitioner shall record an easement to allow garage access for the homeowners at 5329 5th Street N.E., 5331 - 5th Street N.E., and 5367 - 5th Street N.E. and any other property owner north who may require alley access. 2. The petitioner shall record an easement over the alley to allow access to the utilities. 3. The petitioner shall record a new easement to allow a utility access altemative prior to issuance of the proposed church expansion on the west end of the existing church structure. 1.05 PLANNING COMMISSION MEETING, SEPTEMBER 5, 1995 PAGE 6 4. The petitioner shall apply for and receive a special use permit prior to expansion of their church facility. 5. The petitioner shall record an easement to provide Amoco continued rights across the former alley. 6. The petitioner shall provide the improved asphalt or concrete access to 5th Street in accordance with a plan to be submitted and approved by the City prior to installation. 7. The petitioner shall not alter the alley across their property, or in any way limit access by the adjacent property owners, until the new access has been completed. 8. The petitioner shall hold harmless the City from any damage or injury that occurs on or over the alley area in the interim, or beyond the vacation approval and completion of the drive access alternative for the residents still wishing to utilize the alley north of the church property. 9. The petitioner shall provide reasonable seasonal maintenance as necessary to assure access to and from the non-vacated portion of the alley. Ms. Modig asked, when the church makes the access across the church property to the alley, will that turn allow access for emergency vehicles, such as a fire truck, etc. Mr. Hickok stated the proposal is to provide access for radius tum movement for vehicles with trailers, such as a vehicle pulling a boat trailer, and also a radius to accommodate an emergency vehicle would have to be approved by staff prior to implementation. Staff � would make certain that emergency vehicles, utility tn.icks, etc., could use that turn. Mr. Brewster stated several members of the property improvement committee were also with him at the meeting, Mr. Harvey Teske and Mr. David Johnson, along with a surveyor/engineer from Ulteig, Mr. Keith Graham. He thanked staff for their extra work and for letting them come back with a revised plan. The term Mr. Hickok has used is a modified approach to vacate the alley. The premise of their coming with a revision is that the alley which has not served 100% of the residents who have property adjoining the alley and that it has not been a maintained alley. The alley has not been maintained and is subject to a tremendous amount of erosion. They would like to help remedy that and to continue to provide an access for those neighbors without impeding them by bringing in property lines, changing them, etc. It is their desire to bring that part of their petition as a modification to the code. Mr. Graham may be able to speak to the question about the turning radius for the access. They would be providing an access to the existing alleyway that is not vacated. 1.06 PLANNING COMMISSION MEETING, SEPTEMBER 5, 1995 PAGE 7 Ms. Savage asked if the petitioner knew if anyone was in opposition to the revised proposal. Mr. Brewster stated they were not aware of anyone. They visited and contacted those who were involved in the change of that. Mr. Hickok came out, did a site view and went through the property. The neighbors were there to visit about that. In their visits or in their correspondence, they have not had any indication that this proposal would have any opposition. Ms. Modig asked if the petitioner had any problems with the stipulations. Mr. Brewster stated he did have a question about the last stipulation regarding maintenance. They would provide maintenance as far as seasonal access is concemed. They would not directly be using that drive themselves especially in the winter but understand that it would need to be accessible for those who would be using it. The alley itself is primarily maintained in the winter by Mr. Stimack. They have participated in a cost share but it has been primarily his responsibility. Ms. Modig stated she understood he took that on in order to have access to his garage. In order to have access, that easement still must be available. She asked the petitioner if they were questioning what maintenance must be done. Mr. Brewster stated, yes. Mr. Sielaff asked what was done before for the other access. Mr. Hickok stated it sounds like it was a shared responsibility and the owners shared responsibility to shovel so they could get in. Mr. Brewsters responsibility is to keep the access available for the neighbors. Mr. Brewster stated that is what he understood. For those who use the alley, that is something they would have to work out themselves. The Stimack's have another access with their own driveway. For the lady that is next to them, this is her only access. Mr. Sielaff asked if there needs to be a stipulation that the maintenance is a shared responsibility. Mr. Brewster stated they would provide the driveway for access. The other mechanics would be something to be worked out. Mr. Sielaff stated that as long as it is maintained, he does not care. Ms. Modig stated this has the potential for being a real problem. It is not clear unless we have an indication about who will plow the driveway and maintain it in the wintertime. 1.07 PLANNING COMMISSION MEETING, SEPTEMBER 5, 1995 PAGE 8 Mr. Brewster stated the way they see it is they are responsible for clearing the access. He would like to seek a cooperative way of doing that, probably a cost share. Ms. Savage asked the petitioner, in the event they were not able to do that, would you take on that responsibility. Mr. Brewster stated, yes, especially of the vacated alley. The access would be additional for them to assume. Ms. Modig stated she felt this needed to be more specific. Mr. Hickok stated they are asking for reasonable seasonal maintenance. If that means a shared agreement, then so be it. Ms. Savage stated she believed the petitioner has indicated he understands and is willing to accept the responsibility if need be and is willing to work something out. Mr. Kondrick asked if it was conect that people would be able to get from the church parking lot going north. Mr. Hickok stated, yes, there would be a connection to the alley. Mr. Brewster stated, by doing this, it enables their future plans for the expanded parking. It not only gives immediate access for the residents but sets it up for future expansion._ Mr. Oquist asked if this would be suf#iciently marked so that people attending church services and/or activities do not park in that alley area and block the entrance. Mr. Hickok stated that was an excellent point. He believed the design for this would be done in a way that the north curb becomes the permanent concrete curb and gutter for the future drive aisle for the parking lot. He understands they will have an asphalt curb which would then be taken out at the time of the parking lot expansion. He understands that this is a short-term solution to provide drainage until the parking lot is completed. Mr. Oquist stated there is a type of concrete curbing that is not a whole curb but still allows for drainage. He also does not want to block the alley for emergency vehicles. Mr. Hickok stated this could be stipulation #10. Mr. Graham stated he was the surveyor for the project. There is a 16-foot tuming radius on the curb. This is fine for automobile traffic but it is tight for emergency vehicles such as fire tnacks. There is room for a 22-foot radius coming off the easement to the alley to the north. They would work with the engineering department to, if necessary, relocate that 1.08 PLANNING COMMISSION MEETING, SEPTEMBER 5, 1995 PAGE 9 easement a bit to accommodate the necessary tuming radius. They would have to talk to the traffic engineers because this depends on the type of vehicles expected in that area. Mr. Oquist stated he thought that should be another stipulation. Mr. Kuechle asked Mr. Graham if there were parking spaces blocked out along the side of the access drive. Mr. Graham stated there are parking stalls and a drainage pond to the south. They will stretch the easement out to the alley. Rather than a tuming radius, he would prefer to see the south line extended all the way to the alley so there will be room for snow removal and snow storage. If they can box that out rather than putting in a specific radius, that allows room. The civil engineer would have to make the decision along with City staff as exactly how best to handle the run off coming from the alley. Ms. Modig asked if that is something that is automatically done or would that require a stipulation. Mr. Hickok state stipulation #6 covers that in that the staff would need to approve the plan. Ms. Modig stated she is concemed about the neighbors that were at the last meeting. Did staff hear from them and does staff know that there is no problem with this proposal? Mr. Hickok stated he talked with Ms. Barton who is a co-owner of the property with Mr. Stimack. She stated she would be talking to Mr. Stimack. She did not have any concerns other than to make certain that this was engineered properly. If Mr. Stimack had additional concems, she would have him call. Staff did not hear from him. As to the other property owner that spoke, he was concemed about the garbage pick up in the alley and being able to get in and out. Mr. Hickok was unable to contact him. Mr. Kondrick stated that if they can assure the tuming radius, that problem is solved. Mr. Sielaff asked if they were notified a second time of this public hearing. Mr. Hickok stated, no. They attended the last meeting and were made aware at that time of this meeting. Ms. Modig asked if they had the signatures needed in order to do this right. Mr. Hickok stated that although they do not have the signatures for 100% vacation north to south, according to Section 211, the property owners that abut are supporting it. According to the other owners, he has heard verbal support from one property owner. It does make it difficult. The City staff, Commission and City Council would be most 1.09 PLANNING COMMISSION MEETiNG, SEPTEMBER 5, 1995 PAGE 10 comfo►table with a written confirmation. As long as they are okay with the alternative, he thought that would be the equivalent of 100% support. Ms. Savage stated it is clear that they did know about the meeting and had an opportunity to write or call. Mr. Brewster stated that after the last public hearing and hearing the response from the neighbors, they addressed a letter to them and discussed this with those concerned. That is why they have an agreement to go ahead with the modification. They took steps to find a reconciliation. Mr. Stimack stated he has no conflicts with this issue as long as the tuming radius is provided and it does not interfere with the drainage. That should be it. MOTI N by Mr. Kondrick, seconded by Mr. Oquist, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:12 P.M. Mr. Kuechle stated he thought they had resolved the issues that were contested. He would recommend approval of both the rezoning and the vacation request. Mr. Oquist stated he would amend the stipulations. Mr. Kondrick asked if they should say something about marking the alleyway. Mr. Oquist stated he thought that should be one of the stipulations that the new alleyway be sufficiently labeled to prevent parking in that area. MOTION by Mr. Oquist, seconded by Mr. Sielaff, to recommend approval of a Rezoning, ZOA #98-02, by Roslyn Park Wesleyan Church, to rezone property from R-2, Two Family Units, to R-3, Multi-Family Residential, so that all of the contiguous Roslyn Park Wesleyan Church property is located within a single zoning district, generally located at 5300 6th Street N.E. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. M I N by Mr. Oquist, seconded by Mr. Kondrick, to recommend approval of an Alley Vacation, SAV #98-02, by Roslyn Park Wesleyan Park Church, to vacate all that part of the alley in Block 15, Hamilton's Addition to Mechanicsville, Anoka County, Minnesota, which lies between the Northerly line of 53rd Avenue N.E. and the Southerly line of 54th Avenue N.E. in said Block 15, generally located at 5300 6th Street N.E., with the following stipulations: � 1.10 PLANNING COMMISSION MEETING, SEPTEMBER 5, 1995 PAGE 11 The petitioner shali record an easement to allow garage access for the homeowners at 5329 5th Street N.E., 5331 - 5th Street N.E., and 5367 - 5th Street N.E. and any other property owner north who may require alley access. 2. The petitioner shall record an easement over the ailey to allow access to the utilities. 3. The petitioner shall record a new easement to allow a utility access alternative prior to issuance of the proposed church expansion on the west end of the existing church structure. 4. The petitioner shall apply for and receive a special use permit prior to expansion of their church facility. 5. The petitioner shall record an easement to provide Amoco continued Rghts across the former alley. 6. The petitioner shall provide the improved asphalt or concrete access to 5th Street in accordance with a plan to be submitted and approved by the City prior to installation. 7. The petitioner shall not alter the alley across their property, or in any way limit access by the adjacent property owners, until the new access has been completed. 8. The petitioner shalt hold harmless the City from any damage or injury that occurs on or over the alley area in the interim, or beyond the vacation approval and completion of the drive access altemative for the residents still wishing to utilize the alley north of the church property. . 9. The petitioner shall provide reasonable seasonal maintenance as necessary to assure access to and from the non-vacated portion of the alley. 10. The petitioner shall receive approval for the tuming radius which is to be adequate to handle emergency vehicles. 11. The alley shall be sufficiently labeled to prevent the entrance from being blocked. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON DECLARED THE MOTION CARRIED UNANIMOUSLY. � Mr. Hickok stated the City Council would consider this request on September 14. 1.11 - PLANNING COMMISSION MEETING, SEPTEMBER 5, 1995 PAGE 12 4. PUBLIC HEARING• CONSIDERATION OF A SPECIAL USE PERMIT. SP #98- 15 BY LOUCKS & ASSOCIATES INC ON BEHALF OF SPRINT SPECTRUM: To construct a wireless telecommunications tower as defined in Section 205.29.2 of the Fridley City Code, pursuant Section 205.29.5C in an M-2, Heavy Industrial Zoning District. Ms. Savage stated the request for a special use permit, SP #98-15, had been withdrawn. 5. PUBLIC HEARING� CONSIDERATION OF ZONING TEXT AMENDMENT ZTA #98-02 BY THE CITY OF FRIDLEY: To create a new zoning district for industrial lot below one and a half acres in size, with special attention in the Onaway Addition located north of 79th Avenue, east of the Burlington Northern Railroad tracks, west of University Avenue, and south of 85th Avenue. MOTION by Mr. Kondrick, seconded by Mr. Kuechle, to waive the reading of the public hearing notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 8:15 P.M. Ms. Dacy stated the zoning text amendment, ZTA #98-02, is being requested by the City of Fridley. The purpose of the zoning text amendment is to create a new zoning district in the Onaway Addition and, secondly, staff is asking the Planning Commission to evaluate a smaller minimum size requirement from 65,330 square feet to 62,000 square feet in the M-2, Heavy Industrial, district. Ms. Dacy stated the Onaway Addition is located in the northem part of the City with 77th Avenue along the south boundary, Main Street to the east, 79th Way on the north, and the railroad tracks to the west. Ms. Dacy stated the background of why this request is being brought to the Planning Commission's attention is that over the last two ar three months the City has become aware of the small lot areas in this subdivision. The Onaway division was originally subdivided in 1911 and was originally intended for a residential development. However, that area when it was incorporated into the City of Fridley in 1958 was zoned industrial and planned for industrial since that time. Staff went back and looked at the code from 1958. At that time, there was not a minimum lot size requirement for development in industrial areas, and a minimum lot area did not appear in the zoning requirements until the 1960's. In the Onaway district, most of the building took place in the 1960's and 1970's. In 1973, the code had an exception phrase. For the M-2, the minimum lot size was 1.5 acres except for lots subdivided in a plat prior to the effective date of that code. 1.12 PLANNING COMMISSION MEETING, SEPTEMBER 5, 1995 PAGE 13 Permits were issued and buildings constructed. Apparently in the ea�ly 1980's when the City code was recodified, the ordinance changed such that in the M-1 area there is a 3/4 acre lot size or 32,070 square feet; M-2 was listed at 1.5 acres or 64,140 square feet. Ms. Dacy stated the City had a variance request this spring that was denied because of some of these minimum lot size requirements. In the approach of a special zoning concept, they had to balance between the typical health, safety and welfare concems that the zoning code is intended to protect versus what is there already. The minimum lot size is there to make sure there is adequate separation between buildings, provide green area, adequate parking for employees and guests, etc. The analysis included 54 parcels in the Onaway district. There are 200-300 parcels community-wide. A matrix for the Onaway district was provided in the agenda packet. Ms. Dacy stated next is to determine the minimum lot size requirement because two out of the 54 could meet the 1.5 acre requirement. If the majority of the sites cannot meet the current requirement, what is the City's goals? What does the City want to accomplish? Staff looked at the range of lot areas. The majority seem to be between the range of 10,000 and 20,000 square feet. Staff did evaluate looking at a 20,000 square foot lot size but that would require a displacement of businesses. From a planning standpoint, the larger minimum lot size has more area for flexibility, expansion and create an assurance of adequate room on site for development. In this case with an existing development, you have improvements already in place and are not dealing with any vacant land so to speak but rather dealing with a pre-existing condition. Ms. Dacy stated that based on stafPs analysis, the majority of the lots could meet a 10,000 square foot lot size requirement. There were eight or nine parcels that could not meet that. However, half of those were part of an adjacent owner. There were four properties that could not meet the 10,000 square foot requirement. Ms. Dacy stated, for the M-2 lot size and changing the minimum lot size from 1.5 acres to 62,000 square feet, through this analysis staff did find there are other lots in the immediate area that are just shy of the 1.5 acres. If they reduce the lot size to 62,000 square feet, her initial thought was that they could resolve the nonconforming status for three lots. She did find that there are eight lots in the immediate area that range between 42,000 square feet and 57,000 and 58,000 square feet. It may be wise for the City to evaluate the zoning of those sites to M-1 to keep them in a conforming status. That however is a future issue. Ms. Dacy stated staff is recommending a new zoning district, S-3, Onaway Special District, which is set up exactly as the M-2 with the same uses, the same special uses, the same landscape requirements, the same design requirements, except that the minimum lot size would be 10,000 square feet, lot width of 80 feet, and reduced setbacks. Ms. Dacy provided a handout outlining the requirements for the S-3 district with those requirements highlighted that are different from M-2. 1.13 - PLANNING COMMISSION MEETING, SEPTEMBER 5, 1995 PAGE 14 Ms. Dacy stated the second recommendation by staff is for the Pianning Commission to recommend to the City Council to change the minimum lot size from 1.5 acres to 62,000 square feet. � Ms. Dacy stated, third, with the Commission's concurrence, she would like staff to continue their research about the lot areas and evaluate rezoning eight properties to M-1. Those owners were not part of this notification so staff would like to meet with them to talk about that and to pursue another solution on those sites. Ms. Dacy stated that in the Onaway District, the majority of the lots can meet the 10,000 square foot lot size. The four lots that cannot meet that requirement are located befinreen Beech and Elm just north of the 77th Avenue right-of-way. This consists of two single family homes toward the east, and Rhodes Lock and Glass and a floor covering business to the west. Those lot sizes range from 7,600 square feet to about 8,748 square feet. These four lots would be nonconforming. She thought the owners of the two single family homes have been aware of this issue for several years. In the future, the intent would be, as any of these four lots are abandoned or destroyed, they would try to join lots together in order to get the minimum size. Mr. Kondrick asked the total square footage of those four lots combined. Ms. Dacy estimated the four lots to be about 30,000 square feet. Mr. Oquist stated he thought 7864 and 7872 Elm were under 10,000 square feet as are lots on Main Street. Ms. Dacy stated they checked the ownerships and many of those parcels are tied together under one owner. Ms. Dacy stated that regarding the eight properties they are evaluating in the M-1 district fall between 33,000 square feet and 65,000 square feet. One parcel is located at the northwest corner of Ranchers Road and 79th, two are on the opposite comer of the intersection, another parcel is down Ranchers Road, and two parcels are just north of the Dairy Queen on Main Street. They are looking at the M-1 zoning and bringing that requirement down. Some of the owners have not been notified regarding this issue. She would like to do some additional research to check the lot sizes that are showing on the plat versus what is showing up on the GIS system. Ms. Dacy stated the Planning Commission is asked to recommend a zoning district that would apply only to the Onaway Addition and, in effect, rezone it from M-2 to S-3, Onaway Addition Special District. She did get a telephone call from one af the property owners who suggested putting the words "Heavy Industrial" after S-3 to denote that people know it is an industrial area when they call in doing zoning checks. 1.14 PLANNING COMMISSION MEETING, SEPTEMBER 5, 1995 PAGE 15 Mr. Sielaff asked if the nonconforming lots were residential.J Ms. Dacy stated two are residential and two are commercial. There is another house on Elm Street that is being leased to a relative of the owner. There was at one time a house on the other side of the street also but that is now gone. Over time, the nonconforming properties are being eliminated. Ms. Modig asked if there are any other areas in the City that fall into this,category. Ms. Dacy stated this is the only place in town. There are other older industrial plats in the salvage yard area on 73rd and an outlot property on the other side of the railroad tracks near Springbrook. Those are zoned M-1 and very small. The conditions that exist here warrant special attention. The purpose statement on the first page tries to get at that issue. Ms. Sielaff stated this is considered a special district. How would other zones be determined in this special district? Ms. Dacy stated right now the area is zoned M-2, Heavy Industrial. If the City Council approves the request, the area would be S-3, Onaway Heavy Industrial Addition. If a building burned down, then the minimum lot size must be 10,000 square feet. The new set of standards would be used when someone comes in for an application. Mr. Sielaff asked if the use would change. Ms. Dacy stated the uses would be the same as those in the M-2. There should not be any issues about the use. The intent of this district is to get at the lot area and some of the environmental issues. The City has two other examples using the special district approach. First is the S-1, Hyde Park, area which extends from 57th to 61 st. Second is the S-2 district which includes Lake Pointe and Christenson Crossing. Mr. Oquist stated this ordinance would be put into effect on properties that will apply in the future. This does not affect existing properties. Is it correct that this does not require a current business to change to agree with this ordinance? It is only after something affects the property. � Ms. Dacy stated this was correct. This only comes into effect if something happens and only if a building is destroyed beyond 50% of its value or if they want to expand. Otherwise, there is no change. Ms. Savage stated she wanted to clarify that this would change the minimum lot requirements in an M-2 district from 1.5 acres to 62,000 square feet. This is a zoning text amendment. If the Planning Commission should recommend approval, procedurally what happens next. 1.15 PLANNING COMMISSION MEETlNG, SEPTEMBER 5, 1995 PAGE 16 Ms. Dacy stated the City Councii will hold a public hearing on September 14. The City Council will conduct a hearing, then they must adopt an ordinance to officially include the S-3 district and implement the proposed changes including the reduction of the minimum lot size in the M-2 district to 62,000 square feet. Ms. Sielaff asked that in the special district, they are tending toward a certain lot size. What is confusing him is the use issue. What happens if a building is destroyed or the property is sold? Ms. Dacy stated the uses that are permitted in the S-3 district are the same as those permitted in the M-2 district. If you have a building and it burns down, if the lot is 10,000 square feet then it is not a problem. Mr. Sielaff asked what would happen if a residential building burned. Ms. Dacy stated a residential building right now is not a permitted use in the M-2 district. The S-3 also does not permit residential use. If one of those homes burns down, they will not be able to rebuild. It would need to be an M-2 use. Mr. Reiling stated he is a property owner and is the sacrificial lamb. His property bumed down on Hickory Street last February. Due to the fact of the zoning requirements, they were not allowed to rebuild. Consequently, he now has a vacant lot. It seemed to him that the text amendment for the S-3 would take care of his problem and those of many other folks in the same situation. He would be in favor of the amendment. Mr. Rhode stated he has concerns. He has one of the four lots that will not be in a situation to benefit. There is a floor covering business next to him on the corner and then two houses on the other side. He did not know what the lot sizes were for the four lots. � He has had his lot surveyed and he had 8,775 square feet. The lot is 75 feet in width. If, for example, a neighbors building bumed down or if a residence bumed, would they condemn the lot? If there is 30,000 square feet, this would them make three lots. That is hard to divide. Ms. Dacy stated staff is not suggesting condemnation. They are saying these uses are allowed to continue as they currently are forever. However, if his structure was to bum down or become damaged beyond 50% of the value, he would not receive a permit to rebuild. If the single family home to the east should come up for sale, staff would try to encourage as large of lot size as possible so that two adjacent owners could bundle two lots together and get a bigger lot. If he and the floor covering business owner wanted to join together to share a building and join the lots, that would be okay as well, Staff is suggesting that over time there must be at least a minimum lot size of 10,000 square feet. Until structures are destroyed, the City will not initiate a condemnation. 1.16 PLANNING COMMISSION MEETING, SEPTEMBER 5, 1995 PAGE 17 Mr. Rhode stated he had a survey to see what he could do. He would have to ask for too many variances so he did not go further. He has kicked this around for the last four or five years. This issue does concern him. It is not worth it for him to do anything to it. He cannot grow. He deals with retail which is not his main business. His main business is mobile. The shop does fine for his purposes. In order for him to stay here with the property he has, it is worthless and has no value if the zoning will not accommodate anyone with that lot size. The value is nothing if you cannot do anything with it. As far as accommodating the majority, that is good but that still leaves him as the minority. If he was at 75 feet on the width and 8,500 square feet, he would have a lot that he could construct a building and could still run a business on a profitable basis without buying land and moving out. He is about 1,300 square feet short of the minimum lot size and 5 feet short on the width. There are only four lots, but he thought it was something to consider. If he moves, he will move to Elk River or some place to the west. This has been an issue that he has kicked around but he has never pursued. If he put money into buying lots, he did not think that was the place to do it. Mr. Oquist stated that under the existing zoning if something should happen to his property, he could not do anything with it either. Either way, he cannot do anything. Either way, he still has the same problem. If they try to accommodate everyone, they have to drop it way down. They are trying to correct as best they can. Mr. Petter operates a business at 7805 Beech Street. Typically, the buildings and lots on his s#reet are the same size. None of them would be able to rebuild. Under the proposed rezoning of that area, it works very well for him and he was sure it would work well for. everyone on his street. He supports it. It cannot happen too soon as far as he is concerned. Ms. Hogan stated she owned property at 7800 Main Street. She did not know she had a problem until she met with City staff. She is in support because it would help her. Mr. Harris stated he owns property in the Onaway Addition. He had some things he wanted to clarify. The map did not show the vacated alleys. It shows only dedicated alleys. In the block between Elm Street and Main Street just north of 77th Avenue, has the north/south and east/west alleys vacated? In the next block to the west; Block 7, the north/south alley is vacated but the east/west alley is not. If they vacated the east/west alley, it might help those properties along 77th Avenue gain a few square feet. All of those alleys are unimproved but they are dedicated. The next block to the north are improved alleys and are in use. Mr. Harris asked that on some of the figures provided by Ms. Dacy, when taking the square footages, were the easements omitted. It appears that, especially over in area of East Ranchers Road, the numbers do not reflect the easement areas. There are drainage and utility easements in the rear, and he assumed they were part of the total square footage. 1 � �'I PLANNING COMMISSION MEETING, SEPTEMBER 5, 1995 PAGE 18 Ms. Dacy stated she was assuming they included the area of easement. One of the things she can do is check the officially recorded plat for some of the lots versus what is in the GIS which comes from Anoka County. Mr. Harris stated on Lot 5, Block 3, he came up with 60,814 square feet. On the interior lots, he came up with 62,055 square feet for Lot 6, Block 3. It appears they are not taking into consideration the 10-foot drainage and utility easement on the back lot lines. On Lot 6, there is a 15-foot storm sewer easement on the north lot line. Perhaps they are losing some figures because of the easements. Mr. Harris asked how this o�dinance would affect property owners who are operating at that pa�ticular time. It would probably have no affect on normal operations but it would on real estate sales. If an existing, nonconforming use, by Minnesota law an owner is required to divulge that information to the potential buyer. That does affect the property value. Mr. Oquist stated there is the same situation with an M-2 zoning where it would truly be nonconforming because of the 1.5 acre requirement. Mr. Harris stated that was true except when they were built. These were built in the 1960's and 1970's. The 1973 code was not officially recodified until, he thought, 1983. There were public hearings held in 1981. For some reason in 1983, they dropped the phrase that was in the previous codes that alluded to plats and subdivisions prior to the existing code. He did not know why it was dropped in the M-2. In the M-1, it is still there. It has not changed in the residentials. That basically stayed all the same. He did not know why they are singling out M-2. M TI N by Mr. Kondrick, seconded by Mr. Kuechle, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:48 P.M. Ms. Modig asked, regarding the information on the alley easements for those four properties that are nonconforming, how much difference would there be in the square footage if the alley were vacated. Ms. Dacy stated it would bring them closer. Rhodes Lock and Glass is just shy of 9,000 square feet. If the alley were vacated, it could add approximately another 640 square feet which gets him closer. The two single family residences get a little closer. The floor covering owner is just shy of 8,000 square feet . At a minimum, the City does not want to continue to encourage the continuation of the nonconformance. If those were to be redeveloped at some point in time, you would have the owner of Rhodes Lock and Glass or the floor covering people expanding into that area which would be certainly something that is possible. It takes time and money. 1.18 PLANNING COMMISSION MEETING, SEPTEMBER 5, 1995 PAGE 19 Mr. Harris asked if it was possible to take the whole 16 feet of the alley and add it to the southerly properties making a deal with the people to the north. It could make those four lots more viable, and it would help solve Mr. Rhode's problem. Ms. Dacy stated it was possible. What would happen is that when an alley is vacated, half goes to one and half goes to the other. The owners would have to deed the northerly feet to the owners to the south. Based on what has been happening in other areas, either this block develops and one or two buildings face 77th Avenue or the westerly two and the easte�fy two join together and one faces Elm and one faces Beech. The City wants to head toward consistent development that fits a pattem in the neighborhood. 10,000 square feet was to accommodate a number of owners in the area. They must determine just how low they will go and still have a reasonable industrial development. Ms. Modig asked what the lot sizes were in neighboring cities. Ms. Dacy stated they had surveyed other first ring communities. St. Louis Park and Golden Valley had situations that were most applicable to Fridley where they had pre- existing industrial areas. Golden Valley did not have a minimum lot size requirement as she recalled. St. Louis Park was beginning to evaluate their industrial area for redevelopment. Other communities are all over the board on the nonconforming lot issue. Some communities are very strict about making that, if over 50% is destroyed or damaged, then they will not permit reconstruction. Other communities will allow it if it is a lot of record and meets 80% of the lot area. Here, 80% of 1.5 acres would result in the same issue in this subdivision. They looked at the aerial, how the subdivision was developed, and tried to do what made sense. Mr. Rhode asked that if one of those houses went up for sale, can they be sold and be a house again. Is that grandfathered in? Ms. Dacy stated, yes. Mr. Rhode stated that if it is damaged to over 50%, then the use would have to change. Ms. Dacy stated this was correct. TI N by Mr. Oquist, seconded by Mr. Kuechle, to recommend approval of Zoning Text Amendment, ZTA #98-02, by the City of Fridley, to create a new zoning district for industrial lot below one and a half acres in size, with special attention in the Onaway Addition located north of 79th Avenue, east of the Burlington Northem Railroad tracks, west of University Avenue, and south of 85th Avenue. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. . 1.19 PLANNING COMMISSION MEETING, SEPTEMBER 5, 1995 PAGE 20 MOTI N by Mr. Oquist, seconded by Mr. Kuechie, to modify the minimum lot area in the M-2, Heavy Industrial, district from 1.5 acres to 62,000 square feet. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Modig stated staff had received a comment about including heavy industrial in the title of the district. Does the Planning Commission need to take action on that request? Ms. Dacy stated staff will take care of that change. The City Council will consider this request on September 14. 6. DEVELOPMENT OF VISION AND GUIDING PRINCIPLES - MARK KOEGLER: Mr. Koegler stated, in May and June 1998, they held two vision sessions. They got a lot of good information out of the sessions which will be used in various portions of the comprehensive plan. One of the intentions behind that effort was to lay the foundation and to help establish the course that the comprehensive plan will take. As part of that, they asked participants a variety of questions. A summation of the responses was included in the agenda packet. Basically they asked what they wanted the community to become in the future and what the strengths would be. The challenge coming out of that is to distill that down into series of statements that they can use as a kind of guidepost as they go through the comprehensive planning process. Mr. Koegler stated that from a planning perspective, what they heard from the participants was that this is the vision, this is the direction they want to go in the planning process for the future of Fridley over the next 10 to 20 years. Furthermore, they refined that with what they term a set of guiding principles which are a bit more specific. The intention is for this to become a comparison tool not only as they go through the planning process but also after the comprehensive plan is adopted. Tonight, the Planning Commission has an opportunity to provide input on the direction that this is going. Mr. Koegler stated this becomes some of the information which they will refer to during the planning process. With gathering input from the community, they have tried to broaden that as much as possible. To the degree that it is possible, they try to make the input portion of the comprehensive plan a grass roots effort. How do they get people involved? He thought the vision process was an excellent start. The intent was to take this further to come up with what they think is an appropriate statement of vision and an appropriate set of principles to help guide this effort. It is their intention to take that out and test that in the community at large, that is to provide people a chance to comment. How to do that or the mechanics will be worked out. Perhaps there will be a supplement in the Fridley Focus or some other vehicle to literally get this into every household in the City, offer people a chance to look at this information, have some background on what it is all about, and have them provide some feedback. That is where they are going with 1.20 PLANNING COMMISSION MEETING, SEPTEMBER 5, 1995 PAGE 21 this. Their intention was to put this in front of the Planning Commission and the City Council for input on the direction, perhaps change a few things, and then go to a broader public basis for input. Mr. Koegler stated the statements in the memo are ones that were drafted based upon the information gathered at the meetings. This is their first attempt to translate. The intent is to be a target to be shot at, modified as appropriate, so they can make this part of what ultimately will become the comprehensive plan. Mr. Koegler stated they obtained a broad base of concepts and ideas as well as some specifics and point of views. At this beginning point, it is important that the words they are putting on paper capture the essence of what they heard. The vision statements whether it is a corporate vision or something else is one of those flowery statements. This has some elements to this. They also heard some things that are represented that people thought they have a unique city for a variety of reasons. There are tremendous strengths in the community. He tried to extract some of that in how the community evolved, importance of the neighborhoods, importance of the schools, the fact that the City has a wealth of opportunity, are some of the kinds of ideas they tried to touch on in this broad based statement. Mr. Koegler stated the subsequent pages contain guiding principles which are more specific. They heard people talk about housing, diversity, employment, environment, etc. They heard the nature center mentioned over and over again. They have tried to spread out that fab�ic of the community so that knowledge can be applied to other parts of the City. The river is another example where people felt this was a hidden resource. Many of the people who pass through the City have no idea, unless they look at a map or cross a bridge, that Fridley borders the Mississippi River. Mr. Koegler stated that as they get comments on these items, they will go back and modify. Mr. Kuechle stated he attended the meetings. As you look at the group, the demographics of those who attended those meetings tended to in his age group and older. It seems as if there is a problem in trying to involve the younger generation in �, these things. What ideas did Mr. Koegler have about that? Mr. Koegler stated that when they got done with the first session and saw the composition of the group, he would agree that one group demographically was over represented. They can only do their best effort. They try to get people there and they succeed at various levels. When they left that night, there was not a younger segment. Ms. Dacy tried to get younger participants. It is difficult. Overall, the participation level was outstanding. They had a lot of very good critical thinkers who came to that meeting who were not afraid to give their views. Regardless of the demographics of the group who provided the ideas, the ideas were very sound and across the board. Now they are trying 1.21 PLANNING COMMISSION MEETING, SEPTEMBER 5, 1995 PAGE 22 to go one step further and put this out in front of everyone. The attempt is to get this in front of everyone so they have a chance to provide comment. As far as participation, this does not end as far as the comprehensive planning process. There will be opportunities for people to look at things and participate. It would probably come as no surprise to the Commission that, as people see this, people react to things. That will pull in some different segments of the community. ° Ms. Modig stated she received a long phone call for a survey that asked a lot of these questions. She is interested so she was willing to participate. Was that a part of this process? Ms. Dacy stated the City did a number of surveys. There was a business survey and a community survey once every two years. That was one that took place this past fall. They do have those results and they did share that with Mr. Koegler. The City Council uses the information from those surveys. The City Council takes that information and asks the department heads to come up with their goals and objectives with the survey results in mind. Ms. Modig stated this information includes that information very well, but in order to involve the normal citizen it needs to be shorter. Mr. Koegler stated these were companion efforts. They did see the results of the survey, and that made them more aware of the issues of the community. Ms. Savage asked if they would be mailing out the memorandum. Mr. Koegler stated, no. It is their intention to put together some kind of a flyer or supplement with a brief explanation of what this is all about - here is what the community has told us is important, here is the direction we are going, etc. - and ask for some comment. The vision statement seen here will be in that piece of correspondence. Ms. Savage asked if they were planning to mail out some things. Mr. Koegler stated the mechanics of that is yet to be determined. The intent is to saturate the community. They are aware there are some mailing restrictions with any certain list they might take. Mr. Oquist asked how close the City was to sending out the quarterly newsletter. Ms. Dacy stated the timing of that edition is that they wrote a summary of what happened at the meeting. The deadline for their articles was the last week in August. They did include a summary and what to expect. Ms. Modig asked if the City has a website. 1.22 PLANNING COMMISSION MEETING, SEPTEMBER 5, 1995 PAGE 23 Ms. Dacy stated the website is under construction. It should be online in the next few months. Ms. Modig stated, if they have some responses coming in, they could incorporate that into their address so people can respond via that medium also. They might then have an opportunity to get comments from the younger generation. Mr. Sielaff stated he would like to get a sense of what ultimately ends up being a principle or a guiding principle. Is it just two or three people coming up with the same idea or an idea coming up several times? Mr. Koegler stated the statements came out of ideas expressed many times over during the finro sessions. Ultimately, what goes into these is at the discretion of the Planning Commission and City Council. These are represented on a broad base coming out of these sessions. It is also supported by some of the survey information. Ultimately, as they continue with the comprehensive plan, they will have more opportunities. They will be putting together plans and concepts that come back to these principles. They heard, for example, people say they were looking for some kind of commercial focus. They had some fun with that. How do you bring vitality and commerce to create a place where you want to go? He thought they would have an opportunity to test some of those thoughts to see if they are on track. He felt strongly that these come from a body of support. Mr. Sielaff stated the next step is to go out to the entire community and get their input. Do they have a plan to determine what comes back from that process? Will that end up being a principle? Mr. Koegler stated it is random. They have to wait and see what they get back. They do not expect a tremendous response rate. A certain portion of the population will take an interest. They will collect all that and come back. Then the Planning Commission will have an opportunity to look at it and determine if this makes sense. That becomes a collective decision. The intent is to represent a consensus. Ms. Savage asked if there will be another Planning meeting on this to hear the public response. Mr. Koegler stated yes. That very likely would be integrated with the opening portions of the comprehensive planning discussions so they would combine those two agenda items. Mr. Sielaff stated he did not see the role of the Commission at this point. Once this information comes back, they would do something at that time when the initial process is finished. Ms. Dacy stated the Planning Commission is a advisory commission to the City Council. Anything on the comprehensive plan will be brought to the Planning Commission's 1.23 PLANNING COMMISSION MEETING, SEPTEMBER 5, 1995 PAGE 24 attention. Mr. Koegier will be going to the City Council meeting on September 14. Staff wanted to discuss this with the Planning Commission. Also, the more they talk about the more they get the word out. They wanted to start with the Planning Commission to see if they are on the right track. For those who attended the vision meeting, is what Mr. Koegler put together accurate? Did he interpret the comments correctly and/or in a way in which the Commission feels comfortable? Ms. Sielaff stated he attended one of the meetings. This is broad enough to incorporate everything. Ms. Savage agreed. She did not see anything that was not a part of what was generally talked about. She thought they had done a good job. Mr. Koegler stated they would continue to keep the Planning Commission involved as they continue with this process. 7. RECEIVE THE MINUTES OF THE JUNE 26 1998 EMERGENCY HOUSING & REDEVELOPMENT AUTHORITY MEETING: M TI N by Ms. Modig, seconded by Mr. Kondrick, to receive the minutes of the Emergency Housing & Redevelopment Authority meeting of June 26, 1998. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 8. RECEIVE THE MINUTES OF THE AUGUST 6. 1998. HOUSING & REDEVE�OPMENT AUTHORITY MEETING: MOTION by Mr. Kondrick, seconded by Mr. Oquist, to receive the minutes of the Housing & Redevelopment Authority meeting of August 6, 1998. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. . . � _ � ..� �� . � � : � • • ►i Mr. Sielaff stated these minutes had not yet been approved by the Environmental Quality & Energy Commission. MOTION by Mr. Sielaff, seconded by Mr. Kuechle, to receive the minutes of the Environmental Quality & Energy Commission meeting of August 10, 1998. 1.24 PLANNING COMMISSION MEETING, SEPTEMBER 5, 1995 PAGE 25 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS: Mr. Hickok stated provided an update on City Council actions. Upon request, he provided an update on the status of the Lake Pointe development. ADJOURNMENT M TIO by Mr. Kondrick, seconded by Mr. Sielaff, to adjoum the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE SEPTEMBER 2, 1998, PLANNING COMMISSION MEETING ADJOURNED AT 9:35 P.M. Respectfully submitted, .� Lavonn Cooper � Recording Secretary 1.25 i� . r.�: � TO: WILLIAM W. BURNS, CITY MANAGER�[� � FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR ALAN D. FOLIE, ACCOUNTANT SUBJECT: MODIFICATIONS TO THE 1998 BUDGET DATE: September 9,1998 Attached you will find a resolution amending appropriations to the 1998 budget in accordance with the City Charter. The adjustments listed have arisen as a result of donations, unforeseen expenditures and revenues, and reclassification of account codings. You have informally approved all adjushnents through the Budget Reappropriation Form: We request that Council approve the amendment of the attached budgets. . RDP/af Attachment 2.01; � RESOLUTION # — 1998 A RESOLUTION AUTHORIZING CHANGES IN APPROPRIATIONS FOR THE GENERAI, FUND AND THE CAPITAL IMPROVEMENT FUND THROUGB JULY 31, 1998 WHEREAS, the City of Fridley has involved itself in initiatives that provide for future charges and modifications that will allow for a better delivery of service, and WHEREAS, the City of Fridley had not incorporated these and other necessary changes into the adopted budget for 1998. NOW, THEREFORE, BE IT RESOLVED that the General Fund and Capital Improvement Fund budgets for the following divisions be amended as follows: REVENUE ADJUSTMENTS GRANT - POLICE GRANT - PQLICE REIMBURSEMENT - POLICE DONATION - POLICE DONATION - POUCE DONATION - POLICE DONATION - POLICE DONATION - POLICE DONATION - FIRE DONATION - FIRE SALE OF FIXED ASSETS - PUBLIC WORKS TOTAL REVENUE ADJUSTMENTS GENERAL FUND 4,657 1,000 9,955 500 500 500 1,000 500 5,065 3,658 12,916 $40,251 Anoka-Hennepin Narcotics 8� Violence Crimes Task Force Anoka County OT Reimbursement-Auto theft Polk County - 1997 Fiooding Assistance SAFETY CAMP - Lion's Club SAFETY CAMP-VFW SAFETY CAMP - Moose Club SAFETY CAMP - Target SAFETY CAMP-VFW DEFIBRILLATOR-Medtronic Foundation DEFIBRILLATOR-VFW SALE OF'82 FORD TRNEH/OFFSET PUR OF STREET SWEEPER APPROPRIATION ADJUSTMENTS PERSONNEL PERSONAL SERVICES (7,927) TEMPORARY EMPLOYEES SUPPLIES/CHARGES 7,927 TEMPORARY EMPLOYEES NONDEPARTMENTAL SUPPLIES/CHARGES 2,750 DUES-So. Anoka County Consortium POLICE PERSONAL SERVICES PERSONAL SERVICES SUPPLIES/CHARGES SUPPLIES/CHARGES SUPPLIES/CHARGES SUPPLIES/CHARGES SUPPLIES/CHARGES CAPITAL OUTLAY 4,657 1,000 500 500 500 1,000 500 2,800 Anoka-Hennepin Narcotics & Violence Crimes Task Force Anoka County OT Reimbursement-Auto theft SAFETY CAMP - Lion's Club SAFETY CAMP - VFW SAFETY CAMP - Moose SAFETY CAMP - Target SAFETY CAMP - VFW SHREDDER � FIRE CAPITAL OUTLAY 5,065 DEFIBRILLATOR-Medtronic Foundation CAPITAL OUTLAY 3,475 DEFIBRILLATOR-VFW SUPPLIES/CHARGES 183 DEFIBRILLATOR BALANCE-VFW 2.02 GENERAL FUND (CONTD.) PUBLIC WORKS CAPITAL OUTLAY 12,916 STREET SWEEPER PURCHASE OVER BUDGET RESERVE / EMERGENCY OTHER FIN USES (2,750) Dues-So. Anoka County Community Consortium OTHER FIN USES (2,800) SHREDDER TOTAL APPROPRIATION ADJUSTMENTS $30,296 CAPITAL PROJECTS FUNDS CAPITAL IMPROVEMENT FUND APPROPRIATION ADJUSTMENTS CAPITAL OUTLAY $8,587 Replacement of Petro Fund Fuel System-From Fund Balance PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS TH DAY OF , 1998. ATTEST: DEBRA A. SKOGEN — CITY CLERK NANCY J. JORGENSON — MAYOR 2.03 ' R$SOLiJTION NO. - 1998 RESOLUTION $XTBNDING R$TIRBM$NT BENEFITS TO CONSOLIDAT$D PUBLIC EMPLOYRSS RLTIREMENT ASSOCIATION POLIC$ LMPLOYFES WHEREAS, in 1993 the Fridley Police Pension Association was consolidated with the Public Employees Retirement Association (P.E.R.A.); and WHEREAS, in 1997 the Minnesota Legislature adopted pension reform and uniformity legislation which includes a change increasing the retirement multiplier for police and fire employees who are active members of the P.E.R.A. Police and Fire Fund on July 1, 1997, from two point six five percent (2.65�5) to three percent (3�) per year of service, and WHEREAS, the legislation includes a change increasing the retirement multiplier for police and fire employees who are active members of the consolidated Police and Fire Relief Association on July 1, 1997, to two point nine percent (2.9�) per year of service, and WHEREAS, Chapter 353A of the Minnesota State Statutes requires City Council approval in order for consolidated Police and Fire Relief Association members to receive the increased multiplier of three percent ( 3 % ) , and WHEREAS, there are seven (7) employees of the City of Fridley Police Department who are members of the consolidated Police Relief Association, NOW, THEREFORE, BE IT RESOLVED that the City of Fridley hereby approves the new retirement multiplier of three percent (3�) for all employees of the City of Fridley Police Department who are members of the consolidated Police Relief Association, effective September l, 1998. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS _TH DAY OF , 1998. ATTEST: DEBRA A. SKOGEN - CITY CLERK NANCY J. JORGENSON - MAYOR 3.02 . L� � 1 �. Ci�l� a TO: WILLIAM W. BURNS, CITY MANAGER �I1''� � FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR SUBJECT: LEGISLATION REDUCING THE EARLY RETIItEMENT PENALTY FOR POLICE EMPLOYEES WHO ARE MEMBERS OF THE CONSOLIDATED PUBLIC EMPLOYEES RETIREMENT ASSOCIATION DATE: July 27, 1998 Attached is a resolution providing for a reduction in the early retirement penalty for police employees who are members of the consolidated Public Employees Retirement Association (P.E.R.A.). In 1995 the Minnesota State Legislature passed legislation which reduced the penalty for members of P.E.R.A. On July 1, 1995, the penalty went from 4% to 2.4% per year for each year the member is under age 55. The attached resolution seeks to provide parity between the members of P.E.R.A. and members of the Police consolidated P.E.R.A. Chapter 353A of the Minnesota State Statutes provides local enabling legislation which allows a city council to approve the reduction in the early retirement factor. Currently there are 7 members of the Police Department whom this would af%ct. RDP/me Attachment 4.01 ,` R$SOLUTION NO. - 1998 RESOLLTTION APPROVING THE IIS$ OF THB PUBLIC EMPLOYEES RSTIREMENT ASSOCIATION (P.$.R.A.) EARLY R$TIREMENT FACTORS AS RSTIREM$NT FACTORS FOR THF3 Mffi��FRS OF THF3 CONSOLIDATSD POLICE P.E.R.A. WHEREAS, in 1993 the Fridley Police Pension Association was consolidated with the Public Employees Retirement Association (P.E.R.A.); and WHEREAS, in 1995 the Minnesota Legislature adopted pension reform and uniformity legislation which includes a change reducing the penalty for early retirement for P.E.R.A. police members, and WHEREAS, Chapter 353A of the Minnesota State Statutes requires City Council approval to apply the new retirement factors for consolidated P.E.R.A. members, NOW, THEREFORE, BE IT RESOLVED that the City of Fridley hereby approves the new retirement factors for all members of the consolidated Police Relief Association. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS TH DAY OF , 1998. ATTEST: DEBRA A. SKOGEN - CITY CLERK NANCY J. JORGENSON - MAYOR 4.02 �pF F :�::�� . � PUBLIC WORKS MEMORANDUM TO: Bill Burns, City Manager � � FROM: John F1ora,�Director of Public Works Paul Lawrence, Superintendent of Public Works DATE: September 10, 1998 SUBJECT: Sylvan Pump Station Upgrade On August 21, 1998, the City advertised for sealed bids for the purchase of a package sewer pumping station. On September 9, 1998, the City received one bid from General Repair Inc., Vadnais Heights, in the amount of $30,420. The unit bid by General Repair Inc. is a Gorman- Rupp package unit that is identical to the units installed at the Innsbruck and Riverview sewer pumping stations. The City has budgeted $50,000 for the purchase and installation of the Sylvan Pump Station. The City has installed the last two sewer pump station upgrades using City personnel, for less than $10,000, bringing the total upgrade cost in under budget. I recommend that the City accept General Repair Inc.'s bid in the amount of $30,420 including sales tax. The Capital Budget also includes an additional $10,000 to connect the Sylvan Pump Station to the City's SCADA system. This work will be done under a different contract. 5.01 -n CITY OF FRIDLEY DEPARTMENT OF PUBLIC WORKS BID FORM � PACKAGE SUBMERSIBLE PUIVIP STATION September 9, 1998 Bid price including sales tax � F.O.B. 400 - 71 st Ave. NE, Fridley MN One package submersible pump station as per detailed specifications: . _, . $•30,420.00 Estimated delivery date: -4 weeks for Submittal Data � -8 Week for Equipment after receipt of Approved Submittal Data Company Name Address Telephone Number General Repair Service 3535 International Dr. Vadnais Heights, Mn. 55110 (651) 766-0874 Printed Name Dan Johnson .Sl�i:c°.fL:•: P s.�— _ 5.02 Focus l�fe�ws AFFI�AVIT OF PUBLICATION STATE OF MINNESOTA) ss. COUNTY OF ANOKA) . �t.. - Richard Robert�, being duly swom on an oath thet he is the publishe� or authorized agent and empbyee of the publisher of the newspape� known as Focus News. and has full knowledge of the facts which a�e stated bebw. (A) The newspaper has oomplied with atl of the �equi�emeMs constituting queifi- caCwn as a qualified newspaper� as provided by Minnesota Statute 331A.02. � 331A.07 and other applicable laws� as amended. :�. � • (B) The printed LQ�iCi�( Publ'ication) C�y of Fridiey - � - i�OtIG9 t0 BIf�A�S - S@W94A S��hmarcihlo P�imnin� Cf�finn'��,i which is attached, was cut from the columns of said newspaper, and was printed and published once each week, for _,� successive weeks; it was first published on j� the _],�_ day of ��, 1998, and was thereaRer print- ed and published on every Thu_rsdav to and including the ��day of August, 1998; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type use�in the composition and publication of the notice: 1:�� Title: Publisher m Acknowledged before me on this � day of Auaust, 1 ggg, � t� . COt,t�TTE pp�s 'i;-• te MU T�ortYf1lssloll �i1�GSOi�pA ,�..� + s.:� • ' , =• �) / . _ • • RATE INFORMATION (1) Lowest classified rate paid by commercial users $ 1.80 �er line for comparable space (2) Maximum rate allowed by law fo� the above matter $ 1.80 �er line {3) Rate actually charg�r the above matter $.� 5 03 � : : : �,; ''PubdC W� � Av+nw N. ""1�umb�r e1 �n+�e.y a for.th* fu ' ��y+9� 0� ��AI� �� ;:_ Th� wEfElMAtilEE�f� ` �rwo.stnro�r� �w�b�noM�a .ea �n•,. aq oe Fr�.r. t�,,�t u�. blue. a tl�. �r. �t%Uelvinlqr. w 3a�2,. (�pho,,. h�'u••�'i �r � �"on�'(1) paekap� h�ip�fatlons p�- or�:1PuD8E lyorts �� .l43t..: ��rv�s �M t to I� nd: __. !�,. �I out �IbA:�rc` ;:�,.itid2.:�!3ax!ff i%il'.� ,� ��N� a posal� � �rithdn� ora.: � � .:.... � F� af <IM�CM�r. Coundl �of 11� C.Ny of � �o.c.d��sfs��yct'�uy��e � +" . ��►.►otne�.Ftoe�P6: . - �,::_�; :",.:::.` . ��`�Dhcfoi�3P�pp� 0 BjtFrf 1. yJBl�lni ; . CoNmibia; HdpAi� fY1MoP: Sprfnp' Wa PaAt • �oau N.waY � . �. t l:L � i . ' . • '.. ..�.. .. � CAPITAL IMPROVEMENT PROGRAM PROJECT AREA 'P'ROJEC7 SEWER � � l� R' 1998 RELINE & REPAIR 1100 FEET OF CORRUGATED SEWER ON 67TH AVE FROM 7TH ST TO MADISON SEWER FUND REBUII.,D SYLVAN LIFT STA SEWER FUND SCADA UPGRADE TO SYLVAN LIFT STA SEWER FUND TOTAL Y��'`' 1999 RELINE OR REPAIIt 555 FEET OF (CMP) SATTITARY SEWER LINE - MADISON FROM 67TH STREET TO 68TH SEWER FUND RELINE SAN LINE ON HACKMAN EASEMENT SEWER FUND 300 FT SOUTH TO OLD CENTRAL **REPLACE SEWER LINE-RIVERVIEW TERR SEWER FUND SCADA UPGRADE - 64TH & OLD CENTRAL LIFT STATION SEWER FUND �f��: ii 2000 RELINE OR REPAIR 1500 FEET (CMP) SATTITARY SEWER LINE ON 68TH AVE FROM MONROE TO HWY 65 SCADA UPGRADE - 52ND LIFT STATION * NEW PROJECTS ** RELOCATED PROJECTS TOTAL SEWER FUND SEWER FUND TOTAL 5.04 July 7, 1998 75,000.00 50,000.00 , 12.000.00 137 000.00 50,000.00 90,000.00 75,000.00 20.000.00 $265.000.00 90,000.00 20,000.00 $11� � � CffY OF FRIDLEY MEMORANDUM TO: The Honorable Mayor and City Council FROM: William W. Burns, City Manager �•�Y DATE: SUBJECT: September 11, 1998 Agreement for Legal Services William W. Burns City Manager The attached contract is very similar to the contract passed in 1996, when we initially employed Fritz Knaak as the City Attorney. Dates have been changed to reflect a new three-yeaz contract commencing January 1, 1999, and ending December 31, 2001. The agreed-upon monthly fee has been raised from $4,250 to $5,000 per month. Under the agreement, payment of expenses will remain the same. The other provisions of the agreement remain unchanged. Staff recommends Council's approval of this agreement. WWB:rsc 6.01 ' ' AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF FRIDLEYAND HOLSTAD & KNAAK, P.L.C. WHEREAS, the City of Fridley ("City"), a public body corporate and politic operating as a home rule charter city under the laws of the State of Minnesota and located within the County of Anoka, desires to have certain attorney services provided; and WHEREAS, the council of the City selected the law firm of Holstad & Knaak, P.L.C. in conjunction with Frederic W. Knaak, Esq., ("Attorney") to serve as city attorney and has authorized a contract between the City and the Attorney; Now, therefore, it is hereby agreed that this document by and between the City and the Attorney, shall be a binding obligation on behalf of all parties named. I. Term. This agreement shall be effective January 1, 1999. It shall be valid through December 31, 2001, inclusive. It shall, however, be severable as provided in Section X. II. Scope of Legal Services. The following services shall be provided to the City by the Attorney as a matter of right under the terms of this agreement: a. Attendance at all regularly scheduled City Council meetings, and upon request by.the City Council, attendance at all special meetings of the City Council or of any board, commission, or committee established by the City Council. In addition, the Attorney shall meet with the Manager, Mayor, City Council, or other city official or employee as required. b. Drafting and reviewing local ordinances, charter amendments, and resolutions as requested by the City. Assisting with the codifying of ordinances and maintaining a current City Code or book of ordinances. c. Drafting correspondence on behalf oithe City as requested. d. Answering by telephone questions of City officials and staff. e. Meeting with and advising the Mayor, City Council, City Manager, department managers, Planning Commission, and other design�ted groups or individuals, on general legal matters. 6.02 f. Providing up to five hours per month of basic legal support services and up to five hours per month of court time to the Fridley Housing and Redevelopment Authority (" HRA"), including attendance at meetings of the HRA upon request. Additional services to the HRA shall be provided as outlined in a separate contract fbr legal services between the Attorney and the Fridley HR.A. g. Reviewing municipal contracts, joint powers agreements, and other legal documents as requested. h. Representing the City in condemnation and eminent domain proceedings. i. Representing the City in the acquisition or sale of public property, and the drafting and assigning of deeds, easements, and other real-estate or land-use documents. j. Researching and submitting legal opinions and interpretations on municipal or other related legal matters as required, including such topics as PELRA, employment law, and veterans' preference issues. k. Briefing City on proposed or newly adopted statutes, rules or regulations, as well as any court decisions, agency rulings, or other official ruling or opinions, that could have an effect on the City or the way it conducts business, and recommending the appropriate amendments to ordinances, policies, or other actions of the City in order to comply with these change in law. 1. Defending the City in all litigation, except in those cases where insurance companies are required to provide defense or where the City chooses to hire specialized legal talent. m. Representing the City in workers' compensation proceedings. n. Reviewing bond and insurance requirements required by or for City contracts or activities. o. Preparing reports on the status of City litigation and other legal matters, at the request of the City Manager. p. Reviewing documents submitted by bond counsel involving the issuance of debt or debt related instruments and providing opinions as required. q. Assisting the City in the enforcement of City ordinances, including the prosecution of cases arising out of the City's zoning, housing, rental housing, and building codes. r. Meeting with the City Manager on a regular basis, not less than quarterly, to review all litigation and other pending legal matters of the City, and provide a written report of such litigation or other legal matters. 2 6.03 III. Fees. The City shall compensate the Attorney at the rate of Five Thousand and 00/100 Dollars ($5,000) per month for all legal services provided in this agreement. In addition to this monthly fee, the City shall pay the Attorney at the rate of Seventy-Five and 00/100 Dollars ($75.00) per hour for each hour after the first ten hours in any one month for any litigation on a case where the time spent on that individual case exceeds ten hours in the montli. Paralegal time spent on litigation billed at the hourly rate shall be billed to the City at the rate of Fifty and 00/100 Dollars ($50.00) per hour. For the purpose of billing, all zoning, housing, rental housing, and building code prosecutions conducted in any one month shall be counted as one case for the purpose of determining the ten-hour cap. Matters involving the HRA shall be billed according to the contract between the Attorney and the HRA except that court time shall not be billed unless the time in court spent on HRA issues exceeds five hours per month. Time spent with the HRA shall not be counted against the ten hours of general litigation provided for under this agreement. The flat monthly rate shall include the charges for long distance telephone calls up to Twenty- Five and 00/100 ($25.00) per month, photocopying up to five hundred (500) pages per month, and up to thirty (30) minutes of search time on Westlaw. Beyond these limits, billings shall be at actual cost for long distance telephone calls, twenty-five cents ($0.25) per page for photocopying, and Eight and 00/100 Dollars ($8.00) per minute for Westlaw searches. All other costs such as filing fees, court costs, witness expenses, and fa�ces shall be billed to the City at actual cost. Hourly billings for time shall be rounded to the nearest 1/10 of an hour (six minutes). The Attorney shall submit a bill to the City on a monthly basis. This bill shall detail all time spent working on behalf of the City with litigation time being separated from other general matters. All charges made in addition to the established monthly charge shall be clearly documented. The precise format of the billing statement shall be agreed to by the City and the Attorney. IV. Responsible Attorney and Staff. Frederick W. ("Fritz") Knaak shall be the primary attorney for the City. Mr. Knaak shall be responsible for the performance of this agreement, although he may be assisted by other attorneys or support staff in the firm. Mr. Knaak shall supervise all work performed on behalf of the City. c 6.04 V. Conflicts of Interest. The Attorney shall not accept any client or project which would knowingly place it in a conflict of interest with the services to be provided to the City under this agreement. If a conflict of interest should develop, the Attorney shall be responsible for taking the necessary steps to comport its representation of the City with the Lawyers Code of Professional Responsibility. The Attorney shall be responsible for any additional costs incurred by the City in obtaining additional legal representation if such representation becomes necessary due to a conflict of interest. VI. Assignment of Services and Agreement. The Attorney shall not assign any interest or obligation of this Agreement without the prior written consent of the City; provided, however, that it is agreed that if Frederic W. ("Fritz") Knaak shall cease to be associated with the law firm of Holstad & Knaak, P.L.C., the City may assign this agreement directly to Frederick W. ("Fritz") Knaak. VII. Affirmative Action. Because the City requires and follows a policy of Affirmative Action and will not tolerate discriminatory acts, the Attorney shall not discriminate against any person on tlie basis of age, sex, religious beliefs, political affiliations, or other protected classifications under federal, state, or local laws or regulations. VIII. Work Product. All ordinances, resolutions, correspondences, and other documents or materials drafted for the City by the Attorney shall, upon their completion, become the property of the City. IX. Insurance and Indemnification. Attorney agrees to maintain a valid policy of Professional Liability Insurance for the duration of this agreement. The value of the policy shall not be less than the cap for municipal tort liability as established by Minnesota Statutes. Attorney further agrees to defend, indemnify, and hold harmless the City, its agents and, employees, against all causes of actions against the City or any of its agents or employees that arise from or as a result of the Attorney's actions or advice under the terms of this agreement. 4 6.05 X. Severabilitv. The City or Attorney may sever the terms of this agreement upon sixty days written notice. Failure by the City or the Attorney to comply with any of the terms of this agreement shall be grounds for terminating this agreement, as shall be the City's dissatisfaction with the Attorney's performance under the agreement. Upon termination of this agreement, the City shall only be responsible for the monthly fee and any additional billings accrued as of the date of termination. Further, the City expressly reserves its right to hire independent counsel on matters it determines requires an attorney with more experience or expertise in a particular field. In such a situation, the City shall remain responsible to the Attorney for the monthly fee provided under this agreement along with any billings not related to the matter for which special counsel was retained. The City shall only be responsible to the Attorney for extra expenses in relation to the matter for which special counsel is retained if the City names the Attorney as co-counsel in the matter or otherwise requests the Attorney's participation. XI. Acceptance. The terms of this agreement are hereby accepted and made binding upon and between the City of Fridley and the law firm of Holstad & Knaak, P.L.C. in conjunction with Frederic W. Knaak. On behalf of the City of Fridley: By: Nancy J. Jorgenson Mayor : William W. Burns City Manager Date: On behalf of Holstad & Knaak, P.L.C., in conjunction with Frederic W. Knaak; : Frederic W. Knaak Date: s.os � L CfiY OF FRIDLEY Name Kyle Birkholz Position Liquor Store Manager Exempt ' �� ►/� \_ September 14, 1998 Starting Salarv $37,166.40 per year 7.01. _ �, Starting pate Sept 15, 1998 Replaces LaVon Regnier � � CffY OF FRIDLEY CLAIMS SEPTEMBER 14, 1998 CLAIMS 82542 - 82879 8.01 � � C�I'Y OF FRIDLEY �pe of License AUCTIONEER'S LICENSE Totino-Grace High School 1350 Gardena Avenue Fridley, MN 55432 CHRISTMAS TREE SALES Menard's 5351 Central Avenue NE Fridley, MN 55432 LICENSES SEPTEMBER 14, 1998 � Greg Christian Scott McKenzie LAWFUL GAMBLING PERMIT Totino-Grace Parents Organization Greg Balego 1350 Gazdena Fridley, MN 55432 MOTOR VEHICLE BODY REPAIR Maaco Auto Parts, Inc. John A. Wuchko 148 Osborne Road Fridley, MN 55432 9.01 ' _--- Approved BV: Police Dept. Fees• Request Exempt. Police Dept.; Fire Dept.; $200.00 Community Development; Building Inspection Police Dept.; Fire Dept.; $ 25.00 Police Dept.; Fire Dept.; $200.00 Community Development Building Inspection � � LICENSES CIIY OF fRIDLEY ELECTRICAL Superior Heating & Electric 2132 2 Ave N Anoka MN 55303 Mark Johnson GAS SERVICES Augies Heating Cooling & Services 6682 Gretchen Ct N Oakdale MN 55128 August Kiekhoefer Statewide Home Supply & Service Inc 14615 Radissen Rd NE Anoka MN 55304-6331 Hal Weber Superior Heating & Electric 21322AveN Anoka MN 55303 Mark Johnson GENERAL CONTRACTOR-COMMERCIAL Advance Aluminum Supply Inc 7701 Main St NE Fridley MN 55432 Jim Myers Arbuckle Construction Inc 7808 W 99 St Bloomington MN 55438 Jim Arbuckle Flatroof Solutions Inc 4529 42 Ave S Minneapolis MN 55406 Brian Payton Oakwood Builders 12901 Pioneer Trail Eden Prairie MN 55347 Jim Rooney Suburban Design 13418 Crooked Lake Blvd Andover MN 55403 Joe Damiano 9.02 � STATE OF MINN RON NLKOWSKI Building Official Same Same - RON JULKOWSKI Building Official Same Same Same Same GENERAL CONTRACTOR-RESIDENTIAL Added Value Exteriors (20098419) #7 Signal Hills Mall West St Paul MN 55118 Tim Holden Advanced Home Improvements ( ) 1701 78 Ave N Brooklyn Park MN 554 Affordable Custom Homes Inc (20055319) 680 63 Ave NE Fridley MN 55432 America Building Contrs Inc (20141480) 12233 Nicollet Ave S Burnsville MN 55337 Builders & Remodelers (1100) 3517 Hennepin Ave S Minneapolis MN 55408 Century Roofing (20093168) 6336 Lyndale Ave S Richfield MN 55423 Jeff Tator Robert Powers Brian Fischer Ken Bressler Jennifer Mendel Cross Replacement Windows & Siding (PENDING) 500 E Travelers Trl #500 Burnsville MN 55337 Steve Garrison Eastman & Thieschafer ( ) 14721 Germanium Ramsey MN 55303 First Choice Exteriors (4266) 2405 Annapolis Ln N STE 240 Plymouth MN 55441 First Landmark Builders (1992) 611 Snelling Ave S St Paul MN 55116 Hamrick Geo Construction (6267) 840 Arbogast St Shoreview MN 55126 Richard Eastman N Dingman Eugene Markowski George Hamrick 9.03 , STATE OF MINN Same Same Same Same Same Same Same Same � Same Same Huber Construction (20102687) PO Box 403 St Michael MN 55376 Johnsen M P Construction (20146064) 8011 60 Ave N New Hope MN 55428 Kothrade Paul Construction (20100485) 1541 Xerxes Ave N Golden Valley MN 55411 Landa Construction (8013) 2108 S Ham Lake Dr Ham Lake MN 55304 Mattson William Construction (3354) 11274 198 Ave NW Elk River MN 55330 Millworks Construction (20062275) 2725 Nathan Ln Plymouth MN 55441 Olsen Construction (20093663) 3110 167 Ln NW ' Andover Mn 55304 Rod's Construction Inc (2422) 11136 Woodhill Lane Blaine MN 55449 Schuett Builders Inc (6074) 8431 Terrace Rd Spring Lake Park MN 55432 Sussel Corporation (1934) 1852 Como Ave St Paul MN 55108 Tacheny Roofmg Inc (20035406) 49 S Owasso Blvd Little Canada MN Grant Marquette Mitchell Johnsen Paul Kothrade Harris Jones Bill Mattson Charles Miller Melvin Olsen Rod Tauer Don Schuett Bob Schwab Peter Tacheny 9.04 'i, _ ; Same Same Same Same Same Same Same Same Same Same Same � Tam's Inc (9338) 1160 Fireside Dr Fridley MN 55432 Timmer's Construction (3033) 2600 Bailey Ct Newport MN 55055 Tranby D M Siding (3889) 9131 178 Ave Nw Ramsey MN 55303 HEATING Augie's Heating Cooling & Service 6682 Gretchen Ct N Oakdale MN 55128 Superior Heating & Electric 2132 2 Ave N Anoka MN 55303 MASONRY Plochocki Construction 22537 E Bethel Blvd Cedar MN 55011 MOBILE HOME INSTALLER Statewide Home Supply & Service Inc 14615 Radisson Rd Anoka MN 55304 PLUMBING ARE Plumbing 6139 172 Ln Ramsey MN 55303 Galaxy Mechanical Inc 7317 Lake Dr Lino Lakes MN 55014 Gateway Mechanical 742 Beaver Trl Lino Lakes MN 55014 Oliver Tam Ernie Timmers David Tranby August Kiekhoefer Mark Johnson Bruce Plochocki Hal Weber Michael Muske Same Same Same RON NLKOWSKI Building Official Same RON JULKOWSKI Building Official STATE OF MINN STATE OF MINN Warren Zimmerman Same Gene Beijer 9.05 Same � � CffY OF FRIDLEY Frederic W. Knaak, Esq. Holstad and Knaak, P.L.C. 3535 Vadnais Center Drive St. Paul, MN 55110 ESTI MATES SEPTEMBER 14, 1998 Services Rendered as City Attorney for the Month of August, 1998 ........................................................... $ 4,250.00 Park Construction Company 7900 Beech Street N.E. Fridley, MN 55432-1795 Rice Creek Bank Stabilization Project No. 309 FINAL ESTIMATE : ............................................................................. $ 4,417.18 Struck & Irwin Paving Co. 812 Williamson Street Madison, WI 53703 1998 Street Improvement Project (Slurry) Project No. ST. 1998 - 11 FINAL ESTIMATE : ............................................................................. $ 16,039.40 M.C. Magney Construction, Inc. 19245 Highway 7 P.O. Box 249 Excelsior, MN 55331 Well House No. 1 and Booster Station Project No. 298 FINAL ESTIMATE : ............................................................................. $ 16,163.65 10.01 � � Cf1Y OF FRIDLEY Forest Lake Contracting 14777 Lake Drive Forest Lake, MN 55025 ESTI MATES SEPTEMBER 14, 1998 57`h Avenue (CR 102) Reconstruction Project No. ST. 1997 - 4 EstimateNo. 3 .................................................................................. $ 215,545.64 Ron Kassa Construction 7438 Upton Richfield, MN 55423 1998 Miscellaneous Concrete Curb and Gutter and Sidewalk Project No. 315 EstimateNo. 5 ................................................................................... $ 5,825.21 10.02 i CITY OF fRIDLEY PIIBLIC WORKS DEPARTMENT ENGWEERING DIViS[ON 6431 llniversity Avenue N.E. Fridley, Minnesota 55432 September 14, 1998 Honorable Mayor and City Council City of Fridtey c/o William W. Burns, 4ity Manager 6431 llniversity Avenue N.E. Eridley, MN 55432 Council Members: CERTIFlCATE OF THE ENGINEER We hereby submit the final Estimate for Rice Creek Bank Stabilization Project No. 309, for Park Construction Company, 7900 Beech Street NE, Fridley MN 55432. We have viewed the work under contract for the construction of Rice Creek Bank Stabilization Project and find that the same is substantially complete in accordance with the contract documents. [ recommend that final payment be made upon acceptance of the work by your Honorable Body and that the one year contractuai� maintenance bond commence on September 1 i, 1998. Respectfully submitted. � -�— John G. Flora Director of Public Works )T:cz Prepared b • � i Checked by: _ 10.03 ' September 14, 1998 To: Public Works Director City of Fridley REPORT ON FINAL 1NSPECTION FOR C[TY OF FRIDLEY RICE CREE,K BANK STABILIZATION PROJECT NO. 309 We, the undersigned, have inspected the above-mentioned project and find that the work required by the contract is substantially complete in conformity with the plans and specifications of the 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 that the City approve the attached FINAL ESTIMATE for the contractor and the one-year maintenance bond, starting from the day of the finat inspection that being September 11. 1998. . on T pson, Construction Inspector P e o;z�- c�•c. Contr tor Representative, (Title) 10.04 September 14, 1998 City of Fridley RICE CREEK BANK STABILIZATION PRO)ECT NO. 309 CERTIFICATE OF CONTRACTOR This is to certify that items of the work shown in the statement of work certified herein have been actually furnished and done for the above-mentioned projects in accordance with the plans and specifications heretofore approved. The final contract cost is $238,784.00 and the final payment of 54,417.19 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. [ declare under the penalties of perjury that this statement is just and correct. PARK. CONSTRIiCTION COMPANY �� Robert ll men, Project Coordinator 10.05 I September 14, 1998 City of Fridley RICE CREEK BANK STABILIZATION PROJECT NO. 309 PREVAILING WAGE VERIFiCATION This is to certify that Park Construction Company has abided by the Prevailing Wage Provisions as specified by the Minnesota Department of Labor and Industry for Anoka County. I deciare under the penalties of perjury that this statement is Just and correct. PARK CONSTRIICTION COMPANY Robert � lmen, Project Coordinator 1o.os FROM: City of Fridley Engineering Oivision T0: Honorable Mayor and Ciry Counal City of Fridley 6431 University Ave, NE Fridley, MN 55432 Dated: September 11,1998 CITY OF FRIDLEY PUBLIC WORKS DEPARTMENT 6431 UNIVERSt'fY AVENUE N.E. FRIDLEY, MINNESOTA 55432 RICE CREEK BANK STABILIZATION PROJECT N0. 309 Job Code: 603-6000�15-4530-6044 STATEMENT OF WORK EsGmate No. FINAL Periad Ending: September 14,1998 For: Park Construction Co. 7900 Beech St NE Minneapolis MN 55432-1795 ::>��' �� :>: :>:�t�:::::<:> ' ..�::'.:::>:>:::::::: :: �:«<>.,.. :::'::>::::':; :::":::;�::;::;';>:<::::>:::: ;::»>::;: . f:. :::<:�SE�1?��:::::;<:;:;;;.: ::> ::>:::��; aCe.d::.. .: �`��i��:: ::::;��``":'':�;:;: �:>::€� .I�:::::�:;::::::::�:::::: ::� ��::<'t:l��':'�::�<�� : :::: ��:: � «:: :;; <{: .: ...................: ......................................... ............... ........... ....::::::::::::. ::.�:: .................:.:...........::::::... ........... ............. ............................. :::::...:::::: .................:............::::::::............:.::.�._:, .;r.>:.::.::::::: � ............... ............. ...................... :.....: :: ,. ............:::..:.............::::::.............,.:::::.. ::::�::::»>:: .:::::::.: .::.:::::::::::::. �:::. �: :.. �:::: .......::......:::.....:..:..::..:::::::::::. ::::::::::::: :::::::::: ::::::.: ... . ........ ... . :::::::: ... .;;�. �::: ...�.:.. ........................... ..............,.:::::...................................... . :::::::::: ::.�:. .:�:::::.: .....:.:..::..;::::.::.:.... . .�:::.. :....;.. . .� >�:ri: ��: ;:::,:�: ...<. `�'�anti''>>::<:: ::: `��;:;r�::;;�: ::: �::>;:,;: `:�<'�it?t�E'�<:::;:::;;;:>:>:;�'::;:::::':;:�::;:<:>;;::;::::; :::;'::>:: ;:.;�.;;;;;.. �::::::::: ::.;::::. ..:.....::..:�:.::.�::.:.::.:.: ::.;:.:::.:::>::;:.; :::;.;::. ;�;..;:.;;;;:.>::>::: .:;:.:;::::.:;� .::::::::::.::.;.:. ::::::::...:; :.: .... ......... . . ............. .. :.; : :. .::;.. .......... ::.� :.::::::::.�:::::.,..�:::::. :. :::::::.:::::.�.:� :::. :.:.::.:::. .: .::::.;..;;:.:�...:;�:::::.::;:.:: ::::.:�::::: ,..� :;;;::::;;:.:> .; .�::. .:::.::::::::::::.,.:: .. .:>:;:...:::... ....,.:: .. ........... ...... ..:. .::: ::.: :.:...:::.... ..;::.:;;:::.:;�� .. .. . ;:.;:.;:.>:;:;;:::;::.:;:.:;:.:.:;.::;.;: ... ....................... . ...f,�t....... .:... .;:::: � :»:: :;»::<:::::«:::: : ::>::::;:::::<:::::: »::;>::: . .:.�: .:.:.:..>`:: >::>::::': ::.;�.>::.::��;:::::::::>�:::: ;;:::::>:::::�.`�`' ........ .:<:::>::<;:<>A.::.;::<.;:.:.::::. ..... ,:;::.;:<.;:.;:,:.;:,;;�:::::::: :........................................................... .................�... .. :i#� ... ............ �........... ...... �s�r�..... .......:��te........ ............�........ .............. �� ...,,..... Mobilization 1.0 LS 15,000.00 0.00 0.00 1.00 15,000.00 Common excavation and embankment to be taken from aeek banks & channel 3000.0 CY 9.00 0.00 0.00 3,000.00 27,000.00 Common Borrow 50.0 CY 13.45 0.00 0.00 Clearing 2.0 Acre 1,000.00 0.00 0.00 2.00 2,000.00 Grubbing 2.0 Aae 1,000.00 0.00 0.00 2.00 2,000.00 Sod, type lawn with 4-in. topsoil 2000.0 SY 2.65 0.00 0.00 Seeding with rye only 0.4 Aae 2,300.00 0.00 0.00 Seeding 2.0 Acxe 1,650.00 0.00 0.00 1.00 1,650.00 Seed'mixture 600 170A LB 4.00 0.00 0.00 85.00 340.00 Mulch material type 1 4.0 To� 120.00 0.00 0.00 2.00 240.00 Disc anchoring 2.0 Acre 100.00 0.00 0.00 1.00 100.00 Commercial fe�ilizer analysis 10-10-10 1400.0 LB 0.25 0.00 0.00 700.00 175.00 Temporary erosion, sediment & water control 1.0 lS 1,200.00 0.00 0.00 Topsoil borrow 2000.0 CY 11.00 0.00 0.00 150.00 1,650.00 Silt fence-installation, maintenance and removal 3000.0 LF 1.50 0.00 0.00 1,000.00 1,500.00 Hay bales 20.0 Each 10.00 0.00 0.00 Random rip-rap, dass V k 1600.0 CY 57.00 0.00 0.00 1,838.00 104,766.00 Grouted rip-rap . 30.0 CY 77.00 0.00 0.00 Geotextile filter fabric, type IV 6200.0 SY 1.50 0.00 0.00 4,800.00 7,200.00 3/4 in. clean round aggregate base 100.0 CY 83.00 0.00 0.00 100.00 8,300.00 15-in. RCP flared end section 2.0 Each 615.00 0.00 0.00 2.00 1,230.00 15-in. Reinforced Concrete Pipe 10.0 LF 78.00 0.00 0.00 16.00 1,248.00 Tamaradc sprouts 72.0 Each 25.00 22.00 550.00 22.00 550.00 Swamp Birch sprouts 72.0 Each 25.00 20.00 500.00 20.00 500.00 Silky Dogwood 72.0 Each 25.00 20.00 500.00 20.00 500.00 Common Elderberry 72.0 Each 25.00 20.00 500.00 20.00 500.00 Mod recycled rubber unit retaining wall 4300.0 SY 38.00 0.00 . 0.00 Mod block retaining wall Altemate No.1 4300.0 SY 29.50 0.00 0.00 Gabions Altemate No. 2' 430.0 CY 137.00 0.00 0.00 455.00 62,335.00 0.00 0.00 SUBTOTAL $2,050.00 TOTAL ' Aa Invoiced • 511,981.30 pald on aite 10.�7 . :238,784.00 Park ConsUuction Rice Creek Bank Stabiliza6on Project No. 309 Estimate No. FINAL SUMMARY: Original ConUact Amount ConUact additions: ConUactdeductions: Revised contract amount Value Completed To Date Amount Retained (O�o) Less Amount Paid Previously AMOUNT DUE THIS ESTIMATE CERTIFICATE OF THE CONTRACTOR $265,032.50 265,032.50 238,784.00 0.00 234,366.81 Sd,417.18 I hereby certify that the wo�c perfortned and the materials supplied to date under the tertns of the conUact for this project, and all authorized changes thereto, have an actual value under the contract of the amounts shown on this estimate (and the final quantities on the final estimate are correct), and that this estimate is just and coRect and no part of the'Amount Due This Estimate' has been received. By � t'10 � c�c � —� ConUactors thorized Representative (TiUe) 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 conUact for reference project. CITY OF FRIDLEY, INSPECTOR By Checked By 10.08 Date ` "�� Respectfuully Submitted, �� John G. Flora, P.E. Public Wo�CS Director Page 2 CITY OF FRIDLEY Pl1BLIC WORKS DEPARTMENT ENGWEERING DIVISION 6431 llniversity Avenue N.E. Fridley, Minnesota 55432 September 14, 1998 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: CERTIFICATE OF THE ENGINEER We hereby submit the final Estimate for 1998 Street Improvement Project (Slurry) Project No. ST ] 998 - 1 1, for Struck 8. [rwin Paving Company, 812 Williamson Street, Madison W[ 53703. We have viewed the work under contract for the construction of 1998 Street Improvement �Project (Slurry) and find that the same is substantially complete in accordance with the contract documents. [ recommend that final payment be made upon acceptance oE the work by your Honorable Body and that the one year contractual maintenance bond commence on September 1 1, 1998. Respectfully submitted, .�°� n G. Flora Director of Public Works jT:cz Prepared t Checked t 10.09 September 14, 1998 City of Fridley STREET lMPROVEMENT (SLl1RRY) PROJE7 NO. ST. 1998 - 1 1 CER?IFICATE OF CONTRACTOR This is to certify that items of the work shown in the statement of work certiFed herein have been actually Eurnished and done for the above-mentioned projects in accordance with the plans and specifications heretofore approved. The �nat contract cost is S 16,039.40 and the Final payment of $16,039.40 for the improvement project would cover in full, the contractor's claims against the City for alt labor, materials and other work down by the contractor under this project. 1 declare under the penalties of perjury that this statement is just and correct. STRIICK 8. IRWIN PAVING COMPANY , `�` David Nelson, Project Supervisor 10.10 . September 14, 1998 To: Public Works Director City of Fridley REPORT ON F1NAL INSPECT[ON FOR C(tY Of FRlDLEY STREET IMPROVEMENT (SLLIRRIn PROJECT NO. ST. l 998 - l 1 We, the undersigned, have inspected the above-mentioned project and find that the work required by the contract is substantially complete in conformity with the plans and specifications of the 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 that the City approve the attached FlNAL ESTIMATE for the contractor and the one-year maintenance bond, starting from the day of the final inspection that being September 1 1. � 998. � on Thompson, Construction Inspector � �/l� �� . Contractor Representative, (Title) 10.11 September 14, 1998 City of Fridley S7'REET 1MPROVEMENT (SLIIRRY) PROJECI' NO. 5T. 1998 - 1 1 PREVAILiNG WAGE VERIFICA'iION This is to certify that Struck 8. Irwin Paving Company has abided by the Prevailing Wage Provisions as specified by the Minnesota Department of Labor and Industry for Anoka County. [ declare under the penalties oF perjury that this statement is just and correct. STRIICK 8. IRWIN PAVING COMPANY �l� � David Nelson, Project Supervisor 10.12 . .. CITY OF FRIDLEY PUBLIC WORKS DEPARTMENT 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MINNESOTA 55432 FROM: City of Fridley Engi�eering Division Estimate No. (FINAL) Period Ending: September 14, 1998 TO: Honorable Mayor and City Council For: Struck & Irwin Paving Company City of Fridley 812 Williamson Street 6431 University Ave, NE Madison WI 53703 Fridley, MN 55432 Dated: September 1 1, 1998 1998 STREET IMPROVEMENT PROJECT (SLURRY) PROJECT NO. 1998 - 11 Job Code: 557-0000-415-4530-9808 STATEMENT OF WORK Slurry Seal (Type II) SUBTOTAL TOTAL SUMMARY: Original Contract Amount Contract additions: Co�tract deductions: Revised contract amount Value Completed To Date Amount Retained (0%) Less Amount Paid Previously AMOUNT DUE THIS ESTIMATE CERTIFICATE OF THE CONTRACTOR 12,935 �M 1,24 � 12,935.00 � 16,039.40 � 12,935.00 � 16,039.40 S 16,083.60 16,083.60 16,039.40 0.00 816,039.40 S1 I hereby certify that the work performed and the materials supplied to date under the terms of the contract for this project, and all authorized changes thereto, have an actual value under the contract of the amounts shown on this estimate (and the final quantities on the final estimate are correctl, and that this estimate is just and c rrect an no part of the "Am unt Due This Estimate" has been received. gy � !/l� - • Contractor's Authorized 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 �Ll Checked By �-- 10.13 Date �'�C� pectfully Submitted, John G. Flora, P.E. Public Works Director S 16,039.40 , . Owner: City of Fridley, Minnesota Location: Fridley, Minnesota e.,.,�:.•�+s.,., for Pavment (Lump Sum Contract) No. �Final ) Owne�'s Project No. Engineer's Project No. Contractor: M. C. Magney Construction, Inc. Contract Date: � 19245 Highway 7 P. O. Box 249 Contract Amou�t: Excelsior, MN 55331 City Account No.: Contract for: Wellhouse No. l and Water Booster Station Application date Ju 1 2 0 1 9 9 8 For Period Ending Ju 1 y 2 0, 1 9 9 8 ; � � , � � � � ' _ u • t � A-FRIDL9702.01 August 25, 1997 $31 b,300.00 601-6000-415-4530-5206 SPEC. D�CRIprION SCHEDULED PERCENT �D�T SECTION VALUE COMPLETE EARNED 00800 Bonding and Insurance $ 8.2�•00 1 0 0 $ 8. 2 0 0. 0 0 01000 Mobilization and Gcs $ 26,900.00 10 0 $ 2 6, 9 0 0. 0 0 02061 Building Demolition $ 3�1�•� 100 $ �,.? �.a .�-�--- 02074 Site Demolition $ 1.g�•a� 10 0 $ 1, 8 0 0. 0 0_ 02085 Asbestos Abatement $ 4,800.00 1 0 0 $ 4 8 0 0. 0 0_ p22pp F,arthwork $ 8,900.00 1 0 0 $ 8, 9 0 0. 0 0_ 02511 Pavement $� 5;600.00 � p p $ 5, 6 0 0. 0 0_ 02522 Concrete Curb $ 2,900.00 � p p $ �, A n n� n_ 02530 Concrete Walks $ 800.00 1 0_0 $ 8 0 0. 0 4— 02810 Irrigation System $ 2,400.00 1 0 0 $ 2. 4 0 0. 0 0_ 02930 Landscaping $ 3,200.00 1 0 0 $ 3, 2 0 0. 0 0__ 03100 Concrete Work $ 7,500.00 1 0 0 $ 7 S n n_�a.—. 03400 Precast Concrete $ 4,500.00 10 0 $ 4y 5 n cl�d� 04200 Masonry $ 23,900.00 1 0 0 $,? 3, Q n n n n Page 1 of 3 10.14 Short Elliott Hendrickson Inc. SPEC. DESCRIPTION SCHEDULED PERCENT AMOUNT SEGTION VALUE COMPLETE EARNED 05500 Micellaneous MetaLs S 600.00 1 � o $ F � o_ 0 06100 Rough Carpentry $ 900.00 1 0 0 $ 9 0 0. 0 0 07210 Insulation $ 1,200.00 1 0 0 $ 1, 2 0 0. 0 0 07270 F'uestopping $ 6�•� 10 0 $ 6 0 0. 0 0 07530 Roofing and Sheet Metal $ 5,200.00 1 0 0 $ 5, 2 0 0. 0 0 07810 Skylites $ 8�•� 1 0 0 � 8 0 0_ 0 0 07900 Caulking $ 900.00 1 0 0 $ � 9 0 0. 0 0 08110 Doors, Frames, and Hardware $ 4,8�•� 1 0 0 $ 4 8 0 0_ 0 0 . 08800 Glass and Glazing $ 3�•� 1 0 0 $ 3 0 0_ 0 0 09900 Painting $ 5,300.00 1 0 0 $ 5, 3 0 0. 0 0 10400 L.eaers and Plaque � $ i,�•� 1 0 0 $ 1. 4 0 0. 0 0 10520 Fire Exdnguishers $ 2�•� 1 0 0 $ 2 0 0. 0 0 11215 Vertical Turbine Pump $ 15,800.00 1 0 0 $ 1 5, 8 0 0. 0 0 11240 Chemical Feed Equipment $ 5,900.00 10 0 $ 5, 9 0 0. 0 0 15060 Process Piping $ 23,800.00 1 0 0 $ 2 3, 8 0 0. 0 0 15080 Pipe Insulation $ 800.00 1 0 0 $ 8 0 0. 0 0 15155 Flow Meters $ 4,80U•00 1 0 0 $ 4, 8 0 0. 0 0 15165 Booster Pump $ 4.200•00 1 0 0 $ 4. 2 0 0. 0 0 15400 Plumbing $ 5.100.00 1 0 0 $ 5. 1 0 0. 0 0 15500 H.V.A.C. $ 9.��•� 1 0 0 $ 9. 7 0 0. 0 0 16000 Electrical and Controls $ 119,500.00 1 0 0 $ 1 1 9, 5 0 0. 0 Totals $ 316,300.00 1 0 0 31 6, 3 0 0. 0 Approved: City of Fridley s�' ' Jo ora, DPW/CE Page 2 of 3 -" -- Short Elliott Hendrickson Inc. 10.15 Application For Payment - continued Total Contract Amount: $316,300.00 Total Amount Earned $ 31 6, 3 0 0. 0 0 Material Suitably Stored on Site, Not incorporated into Work $ Contract Change Order No. Percent Complete $ Contract Change Order No. Contract Change Order No. Contractor's Affidavit Percent Complete $ Percent Complete $ GROSS AMOUNT DUE $ 31 6•� o o_ o � LESS °/a RETAINAGE $ 0. 00 AMOUNT DUE TO DATE $ 31 6, 300 . 00 LESS PREVIOUS APPLICATION $ 3 0 Q.,1 3 6.� S___ _ AMOUNT DUE THIS APPLICATION $ 16 .1 63 . 65 The undersigned Contractor hereby swears under penalty of pery'ury that (1) all previous progress payments received from the Owner on account of work performed under the contract referred to above have been applied by the undersigned to discharge in full all obligations of the undersigned incurred in connection with work covered by prior Applications fo� Payment under said �ontract� and (2) all materials and equipment incorporated in said Project or otherwise listed in or covered by this Application for Payment are free and clear of all liens, claims, security interests and encumbrances. � Dated July 1 7 19 98 COUNTY OF Hennepin � ) SS STATE OF Minnesota ) M C Maanev Construction, Inc. (Contractor) A � � A By: (Name and Title) Mark Magn��l,� President Before me on this 17th day of ,7ulv , 19 98 personally appeared Iriark Magney known to me, who being duly sworn, did depose and say that he is the president of the Contractor mentioned above; that he executed the above Application for (Office) Payment and Affidavit on behalf of said Contractor; and that all of the statements contained therein are true, correct and complete. � i My Commission Expires: �• (Notary Public) The undersigned has checked the Contractor's Application for Payment shown above. A part of this Application is the Contracto�'s Affidavit stating that all previous payments to him under this Contract have been applied by him to discharge in full all of his obligations in connection with the work covered by all prior Applications for Payment. In accordance with the Contract, the undersigned approves payment to the Contractor of the Amount Due. SHORT ELLIOTT HENDRICKSON INC. Date g� 3� 1/� By Page 3 of 3 10.16 CONSENT OF SURETY TO FINAL PAYMENT fUA l��ctc»tert[ G7U7 (In,tructicrns c>n rever,e ,icle) ��o ovvtvr:R: INiuue n��d �u/�6x•xcl PROJI:CT: lNtu�n• u�id nd�Gzz�7 UWN(iR ANCF 11'fGCI' cc��•rtinc'rc�a strHr:�iY Bond No. 12-36589-97-3 O�t'E�t:k CITY OF FRIDLEY 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 WELLHOUSE d/1 & WATER BOOSTER STATION ARCF[I"1'EC1"S PROJF.CI' NU.: CON1'RACT EOR: CONSTRUCTION CON'!'Ei�1C'(' DA1'ED: AUGUST 28, 1997 In accc�rclancr with thr pre�vi.i<ms c�f thr Cem�rart lx:tween �he Owner:incl the Cemtr.�rte�r ati inclicatrcl alxrve, the f/rc.err n�u�rc « ud aeldrr.�� v/'.Gnt•fp� FIDELITY & GUARANTY INSURANCE COMPANY 6225 SMITH AVENUE BALTIMORE, 1�ID 21209-3693 on Ixmil c�f I/ix+c•r7 u�uiir �a�d rrdrl�v.�� n/'Cuiuruc�orl M. C. MAGNEY CONSTRUCTION, INC. 18889 EASTWOOD DRIVE EXCELSIOR, MN 55331 a ❑ ❑ ❑ C� . sutu t�r, . CO(v'['RACTOR. herehy appr<�vrs c�f the final ��aymrnt to the Ccmtr.�etc>r, and a�rees that fin.d �aymrnt tc� the Ccmtractcrr shall nc�t reli�we the Suret�� c�f any of its obliRations tc> fht�'rr! nar�ic ruid ad�Gx�. o/Q�e•iieo'1 CITY OF FRIDLEY 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 as sec forth in said Surety's bcmQ. !N WITN(:SS vUl-IF.RIiOf, the Surety hc�., hereunt<� set its hancl cm this clate: July 10, 1998 //iiacrl iq ttri�ii�� dx' �A4Nf/J �iill4ffYKI hl' /�Ja• IfIONC'�7C tlUll' (I!7!I IYYIJ: J Attesc (�� (Seal): OWNF.R, FIDELITY & GUARANTY INSURANCE COMPANY (.�iuz•irl /�.. lflllllk•rl�[ff1/(XIIYZtK%It�)It�K'/I/(7!%!Y'1 Jack Cedarleaf Attorney-in-fa f l'+'i�mv! riruur n��d lilk•1 � � CAUTION: You should sign an original AIA document that has this caution printed in red. An o�iginal assu�es that changes will not be obscured as may occur when documents are reproduced. See Instruction Sheet for Limited Licensi iduction of this document. AIADOCUMENTG707•(:()N�IiN'1'<)I'til'NtiIY'IC)I•1NAI.PAYAt1:1�O'�T 1)N•'AIA OI�X}i • llll: AA11:N1<i1N INtill'll l'll: ()F AHt:) lrll:(:1\, I'ii NI•1V 1'� IVI'.1X'A�I I• . i. y Irvc.l'(>N, f).t:. HttrN,.5292 • WARMING: UnikMaed photoeopylnq vlolates U.S. eopy- G%07—�994 •: rlght laws �nd w111 wb�set tM vlolsfor to kga) proaeeutlon. � �CF��T .��D ��'.�1�'rr OF'�1FCH.��1C'S Ll�� 1GHTS Dz►c: vL � I `�°I $ � M 537 ss Thc undc:siSn:d hcrc;�y �cl:nou•ledecs re:.:ipt of tih: �Lm ol.: 3W,� CHECh 0�1.Y O�� ) �� Ii `� � � ,) �) � as panial pa��ment for 1-e5or, skill and maieti�: furr�ished ❑ z.s pa��m:nt for all labor, skill and rr.aterial furnish:,� or �o be iurtished (ex�:.�t che st:r� of re:air.a_e or holdback) ❑�,`uIl and ti:�l rx�•ment ior all :abor, s}:ill and rr:dte;ial ivrnished or to be :urnish:d io the fallowing described real propeny: (legal dese;ipcion, �:reet add::ss or project :,��e) FRIDLEY idELLSOOSE NO. 1 BOOSTER STATION 631 Cheri Lane Fridley, l�II�I 55432 . ` 0 Y and for ��!ue received hereby w:iv�s all ;ig5ts tcquired by �`�: unde;si�nrd to file or r�cord mec�;�:i:'s'.:sn a_�ir.st sa;d re�l prope;cy for labor, skill or material furnished to s�id re�l prope:ty (only for ►he �,-nounc ��:�+ :` 3cx� 1 is checked, znd except ior ret:inzge shoa�n if B�x 2 is checked). The undersigned a;fir�ns that �ll r-�;:::�: Zrnis ;ed by che undersigncd hts been paid for, Znd all sub�ontracto:s employcd by the undsrsign:d have b::� ;�;d i� rull, EXCEP'I': �' �' `�� S; . � � i � NO?E: If this instrument is exxuted by a corpora- tion, it must be si;nod by zn officer� and .if executed by a partnership, it must be signed by z parcner. • r� � ,; � 10.18 M.C: MwaEy f,�us�vcrtotJ, �ac� (Tnk) - -' ---- •i�.. . �:_ '-..-: �,�:r�E' ._r�•�-=��'--r` ZL='.: i.��^ ',1'.�,I�'=: �c `•I�C� �.�:C'� L:=.`.' �:L �:,—� �Z:_. �ivc.� Zo, � �9� _________ _ i n: �:nce:s:;^:c ;e::^}� ;c:::.o•.riec::s '�,: :t �t� .: c :;:.- :t._ � 7, lv �. � ��.nr � �� J�\ r • �I \� ) � .: as :�r.:i� aa}•ne:�t ��t :s��r. �kiJ! :nC �:as:: i:: �.:.:.ish:� � -� `� 7�S =2v::,t7! :Of �(7 :'0�01� :i�li� 2nd .'..ol.�..':4i �+IP.:S±:?..7 Ji IC �G :Jf:JSi�C'� •�GX:.. ..... iL' :. ^f •�•�• �C� �� . vivvJ.r..\j _ _. � S �::i :f1� .,.:.� �2�'__�� ! i�� .�'v:. 5�:�� 1•.i. .`,:�:5.': ._.�'S':; _ - — 3i 1f ' � . . _. ..... , !0 ..^,� i01i�'x�;^,� C�SC:10�'� t�'sl ^'C�G:')' ��DL3Y �iffi�I.BCQSB YO. 0 3 i C'�eri Lane ?ridlay, � �� ;JC�ii v�:.�.: i.�.:iC.w, ..: ��i .'It�t�.. ��S �.T :i QT�.�.. . •\ . � ^4.. , 1 3CCST� ST�I':'ICN 0 � -=,'� 9_ 0 _nd tor ��i�e ��ceived :�::eby a•:ivts ail ;ig;;ts �c�ui:=d �;� ::,: :::,d�::iF::e.� :o :�1e ;,r -:�;,r� .-�c-:-�;.::'� -� � .��i;_t said 1:�1 �TO�e;:y �oT !�b0r. SkiJ10t .:::ieri=I :vr.^.is; � :C S�id :e21 �to��.—,}' (Or�]y :Ot ::,e a,;,o��r:c �2:�± ..�Cx :s c5e�l;ed, 2nd cxc:�t ior re:3ir,age show�n :f 3cx 3 :s .r.eckec). 'he �_n�o: signeC a,{,;:,.s •; ;t ,; •- -� - � .,, � . �Il �:�c_.: :�:-:s:,... oy the Ulldt: sigacd ':u be_a paid fot, tno :11 svb:.�:;t►actc: s:m�io•.�ed Sy ;he �nds: �ig�:� �`•: t;... -�:,� _;. � ,.XC..?'r'• • •• �__ • • _,.. .I• :..t�, a. ► VQT�; if t:tis sstn:raern is ex�.tted �y i:oroora• ; ' cion, :t must .�,e si;nod by srt atTcsr, ana �i � j execuied Sy i nutnersaip. ;s .:�ust oe :igssra I � �y 2 �arcr.e:. ; � 10.19 ��-'�h1 � �/�C�laycf i t� L., .�1 �G , �y XJ . � �� , � � t,�k� �P// �' ,�sE.�� 2d.s,d : ��► .c,�t,c� �a�o� _ /� • ;�J. SS�z � � R L MaAGENSON INr 612 933 2823 p•01 eZECEt?T .�1D �`'.�1\'rn �F \1ECH�\1C'S LiE� RIGNTS D�tc: _� Y 21. 1998 Tne �ndc:ii�n�d hcrcbp :cMoN�led�es r�;cipt of tht sum of „�4 � 2�5 . 00 Ci�Ct; 0�'LY O�E 1) �} u p�n's�l p��r.�c�t for Isbor, skiil �nd mucti_: funished :) �] st p:��mcnt for i1) libot, si;i11 ind msteri�l furnish�J or io be furnished (ezc�at the su.-s of rc�:�r.�se or ho�db�ck) �) Q u tvll �nd fivt p:ymeru for t!1 fiDor, skill �nd rra�:riil !umifhcd or ;o �G t�rnlsnea co :he foiiowinr descri�ed re31 ptoperty: (leY�l detetiption, strtet �Q6ress or proje�t ;atne) ?RIDLEY MiiLLSOaBit �. t B008TBit BT�?ION 63t Chvri Laao lridl�y, !E!i 55432 snd ior ��:iue rccefved Aereby w.ivss sll ;iR�ts iequiteQ by the �nQersi;ned to file or ::cotd me:rs�i:'s i::n ag:i�:st s�i4 ru} propeny for bbor. ski}f ot miteti�l furnishad to stiQ re�l pto�sny (oniy tor :?�e rmount Y�id :' 3ax 1 is c?►eckcQ. :nd ex:e� ror r��i�uge sr�own sr �cx ��s ehec�ea�. T'he undersiYneQ =ffirms ih:t t�1 m�tc::�! :ti;rnith:d by th� undcrsi�ncd h�.s bees� piid fot, snd �lI subaniruiort cmployed by che undsrsi�n:d have b:s� ;p;0 ;;� fuli, EXCEPT: _ i R.T.•HAAG NSON. INC. N07E: t! this insuvroen� is exauted by � eorpori- �.� �ion, it mutt be sl�ned by u� offiur, inci .if ��y exx�t�d Dy � Qannership, it must bs it�s,�d ' - - Dy � pwur. , PRF.CTRF�LiLT � tTu4� � 16411 LIMERICK LANE c�►wt MIN(�F,,a,�NKA� MN 55345 I �� I • � ..................- --........---------•---10.20 ----------...._...--=1==------ � •- 87i :8! 199tl d5: 'S 3 �: ��1/41675i MlauP+E`� �:C�STRUC-::J� �W�� i ,2ECElr'T.�1D ��'.♦1�'eR OF:�fEC}iA�iC S LIE� i�:GNTS Duc; ��5��...� � 7 �' . Po SDt �ndersJ�eO !��reb7 �tl;ncr�t�Qli+ rt:tipl of �ht iym of , C?iEC� O�lY O�'E !) (� ;t,s�nial ya��trxrsl for b4o�. �till ut0 mai�tis: furni�?,ed 2) L, u pi?Tr+en� for ip 1�Oor, :kili ,nd reiieri�4 A:mish:� o� �o De F,,rnJsled �ex:�� ilse twn af rec�ia�=e or ho:db�ca) _'� is A�11 it�i f1.�ul p��•r�1�cx f0� �1) f�bor, tkiU �n4 T��ri�! lurais��d o� io be tit�iifhtd �e tF� to�tow�nj aaerieed r�ii propeny: (t��i) 3eseri�cio�, s:reet sdd: ets or ➢roj�;� r;ur�� lIDLlY NiL�O�! �D. 1 �OOS� �'!11?ZOII i31 C7�i Lat� t!lal�, ,a ss�s= - � M uid for �•dw r�cuve0 h�nbp a�ives �A ti=hts �egvir�d by a� w�d�rsijn�d �o �t� o� ncotd m�tl;i•.is't ::an ijii:.tt uia tc�i property tor l�sot� �kl11 ot rnnetl�I 1Lrnlab�d to uce r��t property ;oNp ,•c�r Ue L�ounc pa:a •.• Box 1 it ehee��, sr�d excey� toc teu(n�/s sl+e�r it Sox 2 n ebecke�. T'lle vn0ersf�t0 �;t.•,w ch�� il r.s�ie:i�: .�:rnis ;sd Dy �e u�Cetsltn.d 1�u bee� pi;d lor� �d dl svbcornr�c�ors err.pb; �d by ib� undent�n�d h:� t bcsn ;�id i� f�ll. BXCf.rt': NOT�: If tT� Se�aum�nt it exteuhd Dy_� aeRotr ilen, !t must �t tl�n�d D� �n olric�r� ;nd , it . cxaus�d �r � p�tfNt�lil�. lt t�wt bt ii=t�d ' �r � Dw'xt• • 10.21 �0'd TtLT 99:. .�.i9 L O:J13W'7►1tlN Wd L0:i0 86-0Z-1f1C 07::2:98 19:13 'Q81: A81 3T17 T.C.ELECTRIC C0. �ppl ^„► ._.. . .. ... .... _ , . . ..... ..� ....-� �'...,�,.�t•� .t..'�,•::�•�:e �, �•.. �.: CE:?7 .�►�J 1`'.�:�'=� Or `:�Cii.��IC'S L1�� ;�G:1TS Dice: �� .3 � 5 5 fl . � Th: ur,dc:si��:d h:reb�� a:�,�ow-ledges re:;ipt of ihe surn of ,. ��d. 3� �. S�i Ci-�C?:0�'1,�' O\'E 1) ��s p�rtial pa��menl icr !abor, skill t�d r.iattri:'. tu:-ish.d _} ❑ u ra��ns:sc fer .1! l:bor, skili znd r„sier'al brr.ist�:,� �r io b: n:r;.isied (exrs�c :he su,� of rtttir�;: or holdbacS�) :) ❑ u till �nd ti^�I az��eat ier zll ;zDor, s;:ill and rr.�.erit! i�rnish�d o: co b: i�„iish�d �o ihe fa1So��in� desc: ibcd rail prap:,�ty: (l:gzl desc-iptien, s�. sec add:::s or projert �t-�e) FbLIDLEY tiELLHODSB l�O. 1 BOOSTER S?ATIOB 631 Cheri I,ane Fridley, !�i 55�32 � �nd tor �•�}ve ;cc:ived h-�reby �►:•iv:s �ll ri��u aeouired by L�: Lnde:signad to f!e er ;eco*d ne�';t;.:='s':•, �;ti-,sc s�id rs�l pro�e; �y for �.Sor, s�il! or .^.uteritl i�rnished to stid re�l proptny (on!y fot �he z.-��unc r�;d :' 3ex 1�s che:l:ec, znd except for r�tintg. shox�n if �ex 2 is ch�c�;td). The undtrsigned aff-*s chzc z1} r•.ac:�'.� �:rnis•`,� by ihe undersig�ed hsS beeA p2id for, zn6 all sub:.entrtcto:s :mpioyed by th: uade;siQa:d have bt:a ��;� in r�!l� F.XCE?'f: NOT£: �f this instrvrr�enc is exauted by s corpon- tion, i� must be si;ned by u� afficer, and _if czecueed by a pxrtnership� it musc tx signed by a p:rtner, � 10.22 7"w i�v �: { F/� �- r HY �.[�� fi ' v1�fL �43�'i� L'�-�� - fTik1 fo :'z5� 11i'd-;��., , ;l .�r ��s ��.�� ,Q,,��r��T .�' ,�1�� s-s'/-� 1 � � _ _.•. •. .,.. J L1�� :..►GHTS ��ie: Z 2a_9R — ;he undusi�ned here;+�• �c3�no�+•3ed�es re,eipc of ihe sum of..$ �, 824 • 29 ` C�C}: O�Z,1' 0�� I) L� is pini�t piyment for ia'xr, ski;i arsd sTUi�ri:: furn�shed .,. �� 3) i��i ;� r`;.��; �.. _n Iaher. �fi:!! z� n-ate:ial turnish:.� or �n i+e Pur:,��h�.ct rcx:��t �h: sti^: �f S� Q � _ ret:ir.ige ot holdbac�) Q as �uil ind fr.'�tl �z��rnent fot zll labor, skill snd m�teriai furr.ishsd or ta �e ��rnished tp �h f foliov►�ing Cescribed ral ptopeny: (leeil descripcion, sc:eec �ddress or rroje�c :,L�e} IDLB'Y MELLHiOVSE AO. 7 B�OOSTB� STATIOA 31 Qiari Ls� �idlay, �r SS�32 ti � :.nd far �•�: �e : ec_i�r� hereb; �•. iwts a�� ri�hts �to,uired by s.'�e ur�desji€ned co file or r:co�d �r.e� z:ic's ::_n :�;,st ssi� ►e�� pro��*!; t�f t�bar; skill or msteriii fvrnished to s:id res) DtoDSrty forl7y for ti�e xmavn� ��i� :� 3ex 1 is she�l:e,�, snd except for rctai�ge shovvn if Sox 2 is thecktd). The undarsigntd �;fir,ns th�t s11 r*a:::::! �:rn:s'�sd py thi un0etsigneG hu becn ptid lor� snd zl� sub�ontraetors employcd by ths unde:sign�d ha��e bs:a �ud i� fvy�, F�CCEPT: NOT�: i1 civs iaseruroetx is cxeewed by a eospar�- � tion, it must t,� sf�n� by sn otfteet, snd ,lt � sxx�ted by s,�srtnuthip, it mtttt b� siYnsd, by � � artnet_ i 10.23 � lm'n Landsca in Inc. e; �z.rM� 6920 Hwy 10 NW �� Sauk Rapids MN 56379 ■ t . i! h ❑ JUL-23-9� 03:�2 PM 1�IL-.;�-yV 3::0? F'M FlHGNkY (;OM9TRU[: f j�7N .'�..�C::l l.�1Li ��.�1:� Cf� �" ��;��::.i�.l. S �,:.�� 1Jv:1�s i:1 J V� ?. 3, $ ... ..._ — �_ il.� �tie 10fy1 . .. .,, , P. a� �� P.01 . : I� t I � � I. 7;.: urdtcfi�r:0 �crc�� a:�r.cwl��n rt.:�;t .' �t�: ��n nf ,� S. �� ----� �-Y—.��_..... ,�.._.. _. .._ �.. CtL�CK 0�11' O�e, _ ' ) i..� i1 ; it':.t ; .� -1r.^,� fr.' ':?Jf, i�i�1 tn� tf,3:Ri:; �:; :+sh�J � :? � �s pi;.:nr... •;r >>I fa�;r, sk;.1 ��d T.�er::� �,�n::`:.i or �a De • =�=�1 ;e�::,-: :�. r•i,� af ,.... :ci:-�;e ar �:�::::�:} :i � es `ull s�s '�sl ,��r..:zi icr c�1'ab:�. �k.'! :ad . �s:cr;�l'vr;ti��!,sC or �v �: �,-,»hcd c� t'.! �e,�p�a;1s �tSC:�;�t. J�il f'��!�j'. (�!t:� :Ci:.':;�-0�, i::ttl :O:::ff Cf ;tC;l:t :.�:,�) r��b�t�( WtLLN�uSt f�i4. 1 ioGSTC� Sr�T�ar� � 31 GNE�st U►NE F1t►D�� , M►�1 SS'�32 '' iTi�: �J: �'k�UO it�C��'�„� ►1:T�!'� ti.:f1S! j�� J:��!S t:4ti •':C �)' L�f �iJ1dCi3:j�:� t0 r:E Cf :i:C:�r 1T1�::.�:.�C 3 Or tjC.'i: s.:t �ei) �rOr ~y'a: l:�;,r, sk:;l e: r.,:ter;�! ::r,iihtd �o :i:= re.l prc;:-�� (a::y :er : : e;nov:u;i',{ % 3c.� . :s :n�:�t�, sr�! ezo:pt i:t r�i:;;;:j4 s�Cu'1 il B;x : is ths:t►::�. 1'he vn�:�s:sJlt3 t�:l,:.s chat t�; r�;:�:�: `u; ::s�:d 3�• !t�! �:.�itiSl(�I�fd �!l1� !�lC:� Fii� <<!f� l� lii S'J:�:O.'•IfiCilY.i t.:i�::0}GQ �� lt't V:1:!: f:i,'1i�i �ii�'6 �tRll ji�.�i :1 �� . 8X� E�: ..� .__.... � _ _. . �OTE: If ihis inscnr,nnt i� tXau�cQ ty s �o�por�- tion, i� m�cl tt c�;ncd b} in Ot�ur, tn: i! �z�cc!�e by s partne:cT,1?. f� rncsc bc s:�neC by � ytnr►�s. �� C.oR r,^r, o r� .� � _..r.—.,... ._._... - -�' ..._. ._. r.i., ___ . ,�39� !��a.�.,- T� _____ Ih1'Y41%/ � r.�..ib!.� �..�•�•-.ii 1 •R"`I�'7f��iG... .�r 10.24 , Ju1-20-98 10:03P Northarn Plb� TeCh. • v� �v �v v s..�r • .�� f�hy/'1C T t�V � KNL. 1 l VN �CEi�T .��D �t'.�1�':� OF �S�CH.��JC'S L:E� r�!GyTS D:�c 2�� 612-263-0830 p.01 612 �7� 26�9 P.e2 � q h n �. '�c ur.Ce�sijn;J hcrc��• ul;r+o�-fe0jes re:e�pt ol�Ae sur� ot„ _ ,��Zy c�iECK O�lY 0�'E 1) L.� ts pania; p:ytncnt !or ls:+�t, ski11 :nd m:�eri:! ftir..is;sed -) [� � p=••m:nt f�r :I! k:Dor, s�:li :nd rra�eri�l furnish:� er �o re wrtis!�cd (exr.•�� he �u,-� o( ----- it:�ir.ise ot h01C0�t;�) :) j��s i�l! ind ii:ti:l;z�r.u�� f�r st� ;ibor, ski;J :n0 rr.�rtri�l furr.ishrQ ot ro bc :��t�fish:d r �o �he l�;;o�•ing desctibed rul �topt:'t�•: (teg�1 Oesc: i�rion, s:: ee� :�C: ess or �roje:r -:,�,�) �D�Y �LI.�aOSE IIO. 1 DppSTaR ST�TION 631 Ch�ri Lane iridlaY, !!f 55�32 t1�d for �•f:ue rece:�•ed hereDy w•: ivos �l1 :i�yss t:ouited bp tA: unde:s;q�ed io f,le or ::ce:d nec�L:::'s :::� ��i::sr ssiC r:�l p:e�eay for l:bor, skil! or m=�eti:l furnished eo s:;a re�! prox:�y (o:�:y for ;te �.�•:n� r�;, ;: 3cz 1:s cbec; :Q, :nd ezce�t io� tasira;: SDoW�n if B�x : is tAecke�. 7he vndersi�ned t`fi:as thi� til r�::::�: �tn:s ;:d b�� rhe undcrsigned h�s D:eA D:id for, u�d s)1 subrorurtetors etrj�io;�ed Dy ih: vndsrs;�i;0 h:�e �::� ;�i� ii tu?l, EXCE?';': NOTE: Jt e�is itrstrument is exeevtaQ by s eoepori- cion. it muu �s si;ned bY in ofreer� and , i! cxauied by a p�rcnctsbip, it must be si�aed by i pumer. . /V02T/�E�2 nli� ` TE�1`� s: �/��r.�-�� -- f �E.��' �,c��/ �" � c7.4� l� 3 f..� 2� T'h� -q tl� ��«..w ��L� ♦ \/,� 2 1'1�l! � v�'J3?j� 10.25 , ____' � LOCK & �� S GLASS 4017 Kentucky Ave. No. • Crystal, MN 55427 • 537-5826 39 N.E. 77th Ave. • Frld/ey, MN 55432 • 57f-5816 f03 Hfyhvlew Lane • Butfalo, MN 55313 • 682-4803 September 14, 1998 Dear Scott Hickok / Planning Coordinator, My name is Jim Rhode owner of Rhode's Lock & Glass. I attended the 9/2/98 Planning Commissions Meetin� in regards to the rezoning proposal of the Onaway Addition. I am not able to attend tonight's meeting due to plans that cannot be changed, but my concerns on this issue are this. I am one of four lots on 77�` Way that woulcl _. remain nonconforming, I had my property surveyed in 1995 and according to the proposed S-3 Rezoning I would be short five feet on lot width and 1,225 sq. ft short on square footage. My property has 8,775 sq. ft not including the a11ey easement, which is large enough to build a usable building for my needs. My neighbor to the west of ine has around a 3,000 sq. ft building on a 8,000 sq. ft lot which looks very nice and practical for theu business. I feel if the city is going to rezone this addition to S-3 that they � consider making all the lots in this area conforming. I feel that I am a minority in this issue and I have the same concerns as the majority. Please take the time to consider and represent the four nonconforming lots in your decisions for rezoning. Fridley has been a good location for our business and I would ` like a lazger building to operate out qf, but due to cuirent M-2 zoning regulations and your new proposed changes we would still be unable to make our property suitable to our needs. , S� 13'� . . ��%�� , Jim Rho� ._ � - , - �' ` � -� • i`� r� � � . � � � .. t +,-'ei ..F.. .. . . . . . .,.': �a,� �3.T5'`a�' . . � � t:. � � , a:T ,� � � � MEMORANDUlVI DEVELOPMENT DIRECTOR DATE: September 10, 1998 � TO: William Burns, City Manager �� FROM: Barbara Dacy, Community Development Director SUBJECT: Public Hearing for Zoning Text Amendment, ZTA #98-02, to Create a New Zoning District for Industrial Lots Below 1.5 Acres in Size with Special Attention in the Onaway Addition ' •�• -• ' • - i The purpose of the public hearing is to consider an amendment to the zoning ordinance to create a special zoning district for the Onaway Addition located east of the Burlington Northern Railroad tracks, north of 77�' Avenue, west of Main Street, and south of 79�' Way. The second purpose of the hearing is to consider a smaller lot size in the M-2, Heavy Industrial District, from 1.5 acres to 62,000 square feet. The Planning Commission recommended approval of the text amendment at its September 2, 1998, meeting. :. • � • The amendment was initiated by staff after researching the language of the previous zoning ordinance pertaining to modified lot sizes. A variance request proposed by Dick Reiling at 7871 Hickory Street was also recently denied partly because of a substandard lot size. The subject parcel was 14,696 square feet, far below the minimum 1.5 acre lot size in the M-2, Heavy Industrial District. The subject property was destroyed by fire. The Onaway Addition was platted in 1911 and was originally intended as a residential subdivision. The typical size lot in the Onaway Addition is approximately 40 feet wide by 134.5 feet deep. Further compounding the problem is that the original subdivision also platted 25 foot wide lots abutting 79�' Wajr. The streets are platted in the typical grid pattern with rear service alleys. 11.01 ZTA #98-02 September 10, 1998 Page 2 The Onaway Addition has been zoned M-2, Heavy Industrial, since 1958. The language of the M-2 district, however, has changed over time. Originally, in 1958, there was no required minimum lot size. A lot size requirement was not created until 1969. The 1.5 acre minimum lot size requirement appeared at that time. The language of the lot size requirement read as follows: "A lot area of not less than 1.5 acres is required for one main building, except where a lot is on a subdivision or plat recorded before the date of adoption of this ordinance." I Subsequent zoning ordinances, however, do not contain the exception phrase fo the lot area requirement. The change seems to have happened during the recodific tion of the City's ordinances in 1984. This issue is important because it explains why p rmits were issued in the Onaway Addition on lot sizes below 1.5 acres during the 1960 and 1970s. Analysis A GIS map was prepared to analyze the lot sizes of all industrial lots in the M-2 d strict. The Onaway Addition has a majority of the nonconforming lots. Much of the development in the subdivision occurred in the 1960s and the 1970s with the pre ious ordinance language. The attached matrix represents the parcel identification nu ber list from the City's GIS system for parcels that are legally described as the Onaw y Addition. Fifty-four parcels appear on the list (although there may be additional addresses because of multi-tenant buildings.) Reviewing this information reveal that there are only two lots in the subdivision that can meet the 1.5 acre minimum lot rea requirement, and only four can meet the 3/ acre minimum lot area requirement th t the M-1 district requires. In fact, a majority of the lot sizes fall between 10,000-20,00 square feet. A variety of manufacturing businesses exist in this area. Further, there is a good mixture of both multi-tenant, zero lot line, and free standing buildings. During the 1970s, it was not unusual for the City to encourage a zero lot line construction la out in order to promote the appearance of a larger lot size and, at the same time, provi e space for smaller size companies. ' �� -• • '•• • � The City's zoning ordinance provides for the creation of Special, "S", districts. 205.20 states that "the intent of a special district is one that is created through 11.02 ZTA #98-02 September 10, 1998 Page 3 regulation necessary to protect the health and general welfare of the public within the designated district." The City has already adopted the S-1 district for the Hyde Park neighborhood and the S-2 district for redevelopment areas. The proposed district for the Onaway Addition would be S-3. The attached ordinance is modeled on the M-2, Heavy Industrial District; however, it has been modified to add a purpose statement and to create unique lot area and setback requirements. Areas that are different than the language from the M-2, Heavy Industrial District, are highlighted in bold. The proposed district would establish a 10,000 square foot minimum lot size and smaller setback requirements. These requirements a�e based on an analysis of the existing lots and buildings within this area. As a result of this requirement, there would still be four nonconforming properties located north of and adjacent to 77�' Avenue � between Elm Street and Beech Street; however, two of these properties are single family and the owners are already aware of the nonconforming designation. In addition, there may be other nonconformities in relation to setbacks for some of the existing properties. There have been a number of variances granted in this area (approximately four have been granted since 1986), and there is sure to be more that have been granted over the years. If a larger lot size was required, say 20,000 square feet, 8-10 businesses would have to be displaced. The primary intent of the special district is to resolve the lot area requirement and to encourage those that are below 10,000 square feet to bundfe as many lots together for a reasonable buildable lot. Given the previous history of the zoning ordinance language as well as the fact that the development in the area was based on the smaller sized lots created by the Onaway plat, it makes sense to create a special district for this industrial area alone. � � ' ' - � - - � t_-_-►� -!-�_►�_ _� Currently, staff is inventorying the remaining M-1 and M-2 parcels in the City to determine how many fall below the minimum lot area requirements. There are three lots which have been platted just to the east of the Onaway Addition in the East Ranch Estates Addition that are approximately 62,000 square feet in size and zoned M-2. Also, there are eight parcels zoned M-2 which fall befinreen 3/ of an acre and 1.5 acres. Staff is suggesting that the lot area in M-2 be reduced from 1.5 acres to 62,000 square feet. This would not jeopardize the intent of the M-� district and would resolve 11.03 ZTA #98-02 September 10, 1998 Page 4 nonconforming situations for three properties. Staff also recommends that the City evaluate rezoning the eight M-2 properties to M-1, but that should be a future application process initiated by the City. Propert�Owners Staff met with three property owners of the Onaway Addition on August 19, 1998. The concept of a special district and a 10,000 square foot minimum lot size was proposed. The initial feedback was positive; however, the owners want to be heard at the upcoming public hearings. The owners are very concerned about their ability to continue their businesses after a calamity or natural disaster. '- • •. � Staff recommends that the City Council conduct the public hearing on the Zonng Text Amendment, ZTA #98-02, for a special S-3, Onaway Addition Zoning District, as well as modifiying the minimum lot area requirement and the M-2, Heavy Industrial District, from 1.5 acres to 62,000 square feet as presented in the attachments. First reading of the ordinance creating these changes is scheduled later in Monday's agenda. BD:Is M-98-191 11.04 ! T9 WAY I� � � , ,: ��_ ��.7890 � �� 110,518sf .' ,� ,��o� f��; .�:;,', �. �_ . 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N t0 �O � P(O (O t0 � N� t0 h f� CO OD (O CO CO (O � N(O 1� tn N� � M � 1� �t 00 00 I� N ef I� �- � c'� GO O� M O V� N�� CO V h N� �� N� M C? h�A ��A � tO CO I� �� O O �.- N N'�t ��C) 1� CO CO O O N O �" � � � N N N N N N N N N N N N V f0 Ol r- � � � i � Q N GV1 Z' Z' Z' w�` m m C U Y Y C U Y U U U U C^ Y EEE m EoE�mE�omE �E°1E'counio `r'www��mw=w'x�wm=mwmmwmw��">= M .- O ch O O O O.- O O O � O M tp O O� �A M O V O � 1A �� 1A O�f <O M O� 00 O� 119 � f� CO M O � �' 01 � � n � � � � ti � � � � � � � � � � � � � ^ ti � � r� � n. � ti r� � i. i. n r� � r� r� r� t� r� r� � n ti r- t� �n t� v r c c N co I� V � N O tD C C C C C C f0 N l0 l0 l0 f0 O N t0 O) t[1 M N� M CO O> V' a0 N CO I� <O �' h 00 � 1� N N h O N � 00 O r- N M�7 t0 <O t� OD � O.- C J� w� 1 1.. 00 Of O r- N M MMMMMMf�MMMV'�l�7 �� •vvv�n�ina�i N m � N a G. GLARE OF HEAT. Any opsration producing intense glare or heat shall be performed within a completely enclosed building. H. EXPLOSIVES. No activities involving the storage utilization or manufacture of materials or products which could decompose by detonation shall be permitted except such as are specificaily licensed by the City Council. Such materials shall include but not be confined to all primary explosives, such as lead oxide and iead sulphate; ali high explosives and boosters, such as TNT, ROS, tetryl and ammonium nitrate; propellants and components thereof such as nitrocellulose, black powder, ammonium perchlorate and nitroglycerine; blasting expiosives, such as dynamite, powdered magnesium, potassium chlorate, potassium permanganates and potassium nitrate; and nuclear fuels and reactor elements such as uranium 235 and plutonium. 2. In order to assure compliance with the performance standards set forth above, the City Councit may require the owner or operator of any permitted use to have made such investigations and tests as may be required to show adherence to the performance standards. Such investigation and tests as are required to be made shall be carried out by an independent testing organization as may be agreed upon by all parties concerned, or if there is failure to agree, by such independent testing organization as may be selected by the Council after 30 days notice. The costs incurred in having such investigations or tests conducted shall be shared equally by the owner or operator and the City, unless the investigation and tests disclose noncompliance with the performance standards, in which event the entire investigation or testing cost shall be paid by the owner or operator. The procedure above shall not preclude the City from making any tests and investigations it finds appropriate to determine compliance with these performance standards. 205.134. Lot Requirements and Setbacks Yards, lot sizes and open spaces shall be r 1. Lot Area s hereafte� erected in the M-1 and A. M-1. A lot area of not less than �/s acre is required for one main building, except where a lot is on a subdivision or piat recorded before the date of adoption of this ordinance. B. M-2. A lot area of not less than 1�/z acres is required for one main building, except where a lot is on a subdivision or plat recorded before the date of adoption of this ordinance. ' �--- 2. Lot Width A. M-1. A lot width of not less than 100 feet is required at the required setback, except where a lot is on a subdivision or plat recorded before the date of adoption of this ordinance. B. M-2. A lot width of not less than 150 feet Is required at the required setback, except where a lot is on a subdivision or plat recorded before the date of adoption of this ordinance. 3. Lot Coverage The maximum percent of the area of a lot allowed to be covered by the main building and all accessory buildings is as follows: A. One story - 40% maximum B. Two story - 35% maximum C. Three story - 30% maximum D. Four story - 25°/a maximum E. Five story - 20% maxsimum F. Six story - 15°k maximum 205.134 Lot Requirements and Setbacks j s �� 1 � 11.OH 2O5-52 �_ necessary to eliminate the particular problems in achieving compatibility with abutting and adjacent land uses. (a) The station shall not provide for the outdoor operation of lubrication equipment, hydraulic lifts or service pits or the outdoor display of inerchandise. The display of petroleum products between pumps, or the temporary display of inerchandise within four (4) feet of the station building is permitted. (b) The property shall not be used as a place of storage or deposi[ory of wrecked, abandoned or junked motor vehicles or for the sale or display for sale of used motor vehicles. (c) Any required buffer or screening area will be so constructed as to obstruct headlight beams� of motor vehicles on the station property from beaming onto adjacent residential property. (11) Exterior storage of materials. (12) Sexually oriented businesses as defined and regulated in Chapter 127 of the Fridley City Code. Sexually oriented businesses in multi-tenant buildings shall meet the standards required for commercial uses as stated in Section 205.17.O1.C.(3). (Ref. Ord. 966) . D. Additional Restrictions. For uses other than principal uses, requirements as to lot size, setbacks, building, parking, landscaping, screening, etc., shall be at least comparable to similar uses in other districts, but also subject to additional provisions as provided by the City. 2. USES EXCLUDED A. Any use allowed or excluded in any other district unless specifically allosaed under Uses Permitted of this district are excluded in.M-1 Districts. B. Uses �ahich may be dangerous or otherwise detrimental to persons residing or working in the vicinity thereof, or to the general welfare and may impair the use, enjoycnent, or value of any vronertv. 3. LOT REQUIREMENTS AND SETBACKS A. Lot Area. (1) A lot area of not less than three-fourths (3/4) acre is required for one (1) main building on plats recorded before January 1, 1983. (2) A lot area of not less than one and one half (1-1/2) acres is required for one (1) main building on plats recorded after January 1, 1983. ---- 11.09 205.17.03. � - USES EXCLUDED � / , i �� LOT REQUIREMENTS AND SETBACKS Ivl � � 03/91 , 205.M1-6 \. , � 3. LOT REQUIREMENT: A. Lot Area. � �� A lot area of not less than one and one-half (1-1/2) acre is required for one (1) main building. B. Lot Widt .h A lot width of 150 feet is required at the required front setback. C. Lot Coverage. (Ref. Ord. 951) (1) The maximum percent of the area of a lot allowed to be covered by the main building and all accessory buildings is as follows: (a) One (1) Story - forty percent f40X) maximum; fifty percent (SOX) with a special use permit as provided in (4) below. (b) Two (2) Story - thirty-five percent (35X) maximum; fourty-five percent (45X) with a special use permit as provided in (4) below. (c) Three (3) Story - thirty percent (30X) maximum; fourty percent (40X) with a special use permit as provided in (4) below. (d) Four (4) Story - twenty-five percent (25X) maximum; thirty-five percent (35X) with a special use permit in (4) below. (e) Five (S) Story - twenty percent (20X) maximum; thirty percent (30X) with a special use permit as provided in (4) below. (f) Six (6) Story - fifteen percent (15X) maximum; twenty- five percent (25X) with a special use permit in (4) below. (2)� The above lot coverage will be subject to other considerations including parking and open space requirements, use of facilities, and proximity to other districts, which may decrease the maximum lot coverage. (3) The lot coverage may be reduced by the City if and when there is provision for underground parking within the main structure provided that the lot coverage shall not be more than forty percent (40X). (4) The lot coverage as stated in (1) above may be increased up to a maximum of ten percent (lOX) of the lot area upon � obtaining a special use permit. In addition to the ' requirements of this Section and the factors identified in Section 205.05.04 to evaluate special use permit requests, the City shall consider the followin,�_facto�s in determining the effect of the increase in lot ��11.1� 205.18.03. LOT R.EQUIREMENTS AND SETBACKS 03/91 . 205.M2-S Q N �S W � � � � y ,�� r Q �� O w" �.'' e� W N N G�! N N 1p �! O W O = � � O a�O � t0 a �� N � � o 0 Z� e— �� N M N� M� N N�A �A � �A �O } Q V � � � Q �' � O \ � ��0 � c��MM�N N�� Z � �j � � � 0 � W p � O J y � ; — � y v� Y 3 O Y L�1. v�i � �d � > � O � � r �° � � � � �E Q R 10 +' �� CI N 3 L =� } _•��'�oE�cdd�d..T=° a�Ld�Y f- 'cc;°$�'X°o��`o�y°��.~�.:�`� �m U O'� O O O R 3 u N N t� N ti. �0 �p N N rd. �Q �� N a J J J�2 m a y 11.11 �,��j �,4��cs i��-L� 205Zs S-3/�ONAN�Y ADDITIOY SPECIAL DISTRICT TITLE This Section shall be referred to as the "Onaway Addition" special district. 2. PURPOSE The purpose of this special zoning district is to: A. Change the present "legal, nonconforming use" status of the industrial buildings on lots below 1.5 acres (65,340 square feet) to a"conforming use" status. B, Establish appropriate performance standards to address the ezisting conditions of the neighborhood, while promoting development which does not create adverse impacts to the health, safety, and welfare of the general area. C. Encourage additional eapansion, investment, and industrial development in the Onaway Addition. D. Establish performance standards to create attractive front yards and entrances to industrial properties, and to appropriately screen outdoor storage and loading activities. 3. DISTRICT BOiT�iDARIES The district shall include all lots platted in Blocks 1 through 8, Onaway Addition as recorded at Anoka County, blinnesota. 4. USES PERI�IITTED p, Principal Uses. The following are principal uses in the S-3 District: (1) Wholesaling, warehousing, manufacturing, construction or service uses which will not be dangerous or otherwise detrimental to persons residing or working in the vicinity and will not impair the use, or value of any property but not including any uses excluded hereinafter. (2) Equipment assembly plants. (3) Dry cleaning plants and laundries. (4) Railroad lines, spurs, passenger and freight depots. (5) Heavy duty repair garages. (6) Transformers, pumping stations and substations. (7) Repair garages. (8) Automobile Service Stations. B. Accessory Uses. The following are accessory uses in the S-3 District: (1) Retail sales or servicing of products manufactured or warehoused. (2) Offices associated with the principal use. (3) A dwelling for a watchperson subject to the following conditions: 11.12 , _ _ _ __ \ (a) Any dwellin� unit located in an industrial s�ucture shall not occupy the front half of a ground floor or basement. (b) Any dwelling unit in an industrial building shall not contain more than one (1) bedroom. (c) No detached dwelling unit shall be permitted in this district. (d) A dwelling unit shall be a part of the principal building and shall be provided with an outside entrance. (4) Off-street parking faciliries. (�) Off-street loading faciliries. (6) Solar ener�y devices as an integral part of the principal structure. (7) Business si;ns for uses pernutted. C. Uses Permitted With A Special Use Permit The following uses are uses pernutted with a Special Use Permit in the S-3 Dishict: (1) Offices not associated with the principal use provided that: (a) The parking supply shall be in compliance with the requirements of Section 205.18.5., of the City code and be sufficient to support full occupancy of the building. Parking requirements shall be determined, by the Ciry, for each tenant prior to occupancy. (2) Commercial retail, service uses and Class I restaurant uses within office and/or industrial buildings which are supplemental to, and for the convenience of, the operarion of the zoning dis�ict and which provide goods and services which aze primarily for the use of persons employed in that district. Upon approval of a special use permit, these types of commercial tenant shall be approved for occupancy upon sarisfying all applicable Ciry requirements without addirional special use pernuu, provided that: (a) The masimum gross floor area occupied by such uses shall not exceed 20% of the total gross floor area of the building, with no individual tenant exceeding 3,000 square feet; (b) The parking supply shall be in compliance with the requirements of Secrion 205.18.5., of the City code and be su�cient to support full occupancy of the building. Parking requirements shall be determined by the City for each tenant prior to occupancy; (c) Only wall mounted signs, subject to the limitations of Section 214 of the City Code, shall be permitted; and (d) The building owner and/or agent shall be responsible for informing any prospective tenant that the property is for industrial use. (3) Commercial retail, service uses and Class II restaurants within office and/or indus�ial buildings, including those with drive-through components, such as banks, cleaners, photo shops, fast food restaurants, and similar uses shall be considered for a special use permit on an individual basis, provided that: (a) The maximum gross floor area occupied by such uses, and other commercial uses, as pernutted by special use pernrit, shall not exceed 30 percent of the buildings total floor area with no such individual tenant exceeding 5,000 square feet; 11.13 (b) The parking supply shall be in compliance with the requirements of Secrion 205.13.5. of the City code and be sufficient to support full occupancy of the building. (c) Only wall mounted sign, subject to the limitarions of Secrion 214 of the Ciry Code, shall be pernutted; (d) The proposed use shall only be permitted when it can be demonstcated that their operation will not generate levels of traffic which reduce "The Existing Level of Service", as defined by the Insritute of Traffic Engineers, on streets at intersections; (e) The proposed use, in the opinion of the Ciry Council, shall be compatible with the area in which it is proposed to be located; and (� The building owner and/or agent shall be responsible for informing any prospecrive tenant that the property is zoned for industrial use. (4) Commercial recrearion uses subject to the condirions outlined in 3b - 3f above; maximum gross floor area for both tenant size and percent of total building shall be considered on an individual case by case basis. (Ref. 900) � (5) Wind generators and other tower mounted energy devices. (6) Solar energy devices NOT an integral part of the principal structure. (7) Radio transmitters and microwave towers. (8) Bulk gasoline and oil stations, except tank farms or oil transportarion temvnals, provided all applicable safety regularions are in compliance. (9) The issuance of a special use pernut shall be required before any of the following uses shall be established, reconstructed, structurally altered, enlarged or moved. (Ref. Ord. 995) (a) Fai rendering. (b) Fertilizer manufacture. (c) Gas, illuminating or heating, manufacture. (d) Glue manufacture. (10) Railroad yards, roundhouses, raikoad repair shops, switching yazds, piggyback yazds and rail truck transfer ternunal facilities provided that no such uses shall be within 1,500 feet of any residenrial district. (11) Junk yards or the baling of material when totally enclosed within a building structure and the Council approves the location proposed. (12) Exterior storage of materials, equipment, or motor vehicles, incidental to the principal operarion of the use, except under the following conditions: (Ref. Rod. 995) 11.14 (a) Moror vehicle storage is conducted as provided in Secrion 205.18.08.D. (�)•; (b) �taterials, motor vehicles, and equipment are kept in a buildin� or are fully screened so as not to be visible from: (i) residenrial district adjacent to the use, or (ii) a residential district across a public right-of-way for the use, or (iii) a public park adjacent to the use, or . (iv) a pubiic right-of-way adjacent to the use. (c) �faterials, motor vehicles, and equipment stored outside do not exceed fifteen (15) feet in height; (d) Screening materials aze provided as in Section 205.18.06.G.(1). (a). (13) Sexually oriented businesses as defined and regulated in Chapter 127 of the Fridley Ciry Code. Sexually oriented businesses in multi-tenant buildings shall meet the standards required for commercial uses as stated in Secrion 205.18.01.C. (3). (Ref. Rod 966) D. Additional Restrictions. For uses, other than principal uses, requirements as to lot size, setbacks, building, pazking, tandscaping, screening, etc., shall be at least comparable to similaz uses in other districts, but also subject to addirional provisions as provided by the City. USES EXCLUDED A. Any use allowed or excluded in any other district unless spec�cally allowed under Uses Permitted of this district are excluded in the S-3 District. B. Uses which may be dangerous or otherwise detrimental to persons residing or working in the viciniry or to the general welfare and which may impair the use, enjoyment or value of any property. C. Manufacture of acetylene, acid, or any other type explosive. D. Stock yazds or slaughter houses, except of poultry or rabbits. E. Nuclear processing or storage faciliries. F. Gas fired foundries. G. Asbestos manufacturing faciliries. H. Trucking Ternunals. I. Uses whose principal operarion requires the outdoor storage of materials, motor vehicles, or equipment, including the outdoor manipularion of said materials, motor vehicles, or equipment. 11.15 6. LOT REQUIRErIE�iTS r1i�TD SETB�.CI{S A. Lot area. A lot area of not less than 10,000 square feet is required for one (1) main building. B. Lot Width. A lot width of 80 feet is required at the required front setback. C. Lot Covera�e. (1) The maximum percent of the area of a lot ailowed to be covered by the main buildin� and all accessory buildings is as follows: (a) One (1) Story - forty percent (40%) maximum; fifty percent (50%) with a special use pernut as provided in (4) below. (b) Two (2) Story - chirty-five percent (35%) maximum; forty-five percent (45%) wich a special use permit as provided in (4) below. (c) Three (3) Story - thirry percent (30%) ma:cimum; forty percent (40%) with a special use permit as provided in (4) below. (d) Four (4) Story - twenty-five percent (25%) maximum thirty-five percent (35%) with a special use permit in (4) below. (e) Five (5) Story - twenry percent (20%) maximum; thirty percent (30%) with a special use pemut as provided in (4) below. � (� Six (6) Story - fifteen percen�t (15%) maximum; twenty-five percent (25%) with a special use permit in (4) below. (2) The above lot coverage will be subject to other considerations including parking and open space requirements, use of faciliries, and proximity to other districts, which may decrease the maximum lot coverage. (3) The lot coverage may be reduced by the City if and when there is provision for underground parking within the main structure provided that the lot coverage shall not be more than forty percent (40%). (4) The lot coverage as stated in (1) above may be increased up to a maximum of ten percent (10%) of the lot area upon obtauung a special use pemut. In addirion to the requirements of this Secrion and the factors identified in Section 205.05.04 to evaluate special use permit requests, the City shall consider the following factors in determining the effect of the increase in lot coverage: (a) For existing developed properties, the total amount of existing hardsurface areas shall be evaluated to determine whether a reducrion in the total building and pazking coverage can be achieved. (b) The peririoner shall prove that all other ordinance requirements are met, including but nit limited to, parking, storm water management, and landscaping. 11.16 D. Setbacks. (1) Front Yard: A front yard depth of not less than thirty-five (35) feet is required for all pemutted buildings and uses. (2) Side Yard: Two (2) side yards are required, each with a width if not tess than five (5) feet eacept: (a) �Vhere a driveway is to be provided in the side yard t6e minimum required side yard increases to twenty (20) feet. (b) �Vhere a side yard abuts a street of a corner lot, the side yard requirement increases to a minimum of nventy-five (25). (c) No side yard is required where a common wall is provided benveen two (2) buildings which meet the requirements of the Building Code. (3) Rear Yard: A rear yard depth of not less thaa five (5) feet is required, with an additionat foot of rear yard depth for each four (4) feet or portion of building height over thirty-five (35) feet. (4) Addirionai Setback Restricrions: Whenever any industrial district is adjacent to our adjoins on any other district, permitted buildings and uses, except automobile parking and loading spaces, driveways, essenrial services, walks and planting spaces shall not be: (a) C(oser to a street right-of-way line, abutting a residential district, than 100 feet. (b) Closer to the alley right-of-way line than twenty-five (25) feet. (c) Closer to the boundary line of any commercial district than thirty-five (35) feet. (d) Closer to the boundary line of a residenrial district than fifty (50) feet. (e) Where dense, natural vegetarion, trees and screening exist, the fifty (50) foot residential buffer will be retained and maintained as established by the City. 11.17 BLZI.DING REQL'IItErIENTS " A. Height. Building height shall be a maximum of six (6) stories not exceeding siYty-five (65) feet provided that no building shall be erected to a height exceeding forty-five (45) feet within fifty (�0) feet of any R-1 or R-2 residential district unless one (1) addirional foot of setback can be provided for each one (1) foot of building height or portion thereof exceeding forty- five (�35) feet. B. Exterior �laterials. The rype of building materials used on exterior walls shall be face brick, natural stone, specifically designed precast concrete, factory fabricated and finished metal frame paneling, glass or other material approved by the Ciry. PaRKL�1G REQUIREVIENTS A. Reduction of Parking. Reduction of pazking stalls may be allowed when the provision of space required for pazking stalls, due to the pamcular nature of the proposed use or other considerarions, would be an unnecessary hardship. Adequate open space shall be provided to satisfy the total number of tequired parking stalls. B. Addirional Parking. When the provisions for parking space required for specific district uses is inadequate, the City may require that additional off-street parking be provided. C. Parking Rario. (1) For office use at least one (1) off-street pazking space shall be provided for each 250 squaze feet of office space use. (2) For retail use at least one (1) off-street parking space shall be provided for each 150 square feet of retail space use. (3) For manufacturing uses at least one (1) off-street parking space shall be provided for each 400 square feet of manufacturing space use. (4) For warehouse and storage use at least one (1) off-street pazking space shall be provided for each 2,000 square feet of space use. (5) For specularive building use at least one (1) off-street pazking space shall be provided for each 500 square feet of floor area on lots of more than one and one-half (1-1/2) acres. (6) For specularive building use, at least one (1) off-street parking space shall be provided for each 700 square feet of floor azea on lots of less than one and one-half (1-1/2) acres. 11.18 . (7) The specularive parking ratio will be used for all mixed uses unless the owner agrees to enter into a written agreement, in recordable form, with the City, in which the owner represents to the City what the rario of all uses in the building will be upon this happening, the parking rario for the building will be determined on a pro-rata basis by the parking . ratio per the number of square feet for each type of use which the owner represents will be located in the use which the owner represenu will be located in the building. After execution of this agreement, any changes to the specified uses will require a special use permit from the City. (8) At least one (1) handicap off-street parking space shall be provided for each fifty (50) spaces or fracrioa thereof. D. Design Requiremenu: (1) Drainage: All driveways and parking areas, except those for less than four (4) vehicles, shall be graded according to a drainage plan which has been approved by the Ciry. (2) Lighting: Any lighting used to illuminate an off-street pazking area shall be shaded or diffused to reflect the light away from the adjoining property and �affic. (3) Curbing: The entire perimeter of all parking areas in excess of four (4) stalls, access driveways, truck loading spaces or other hard surface areas that handle motor vehicle traffic shall be curbed with a poured six (6) inch high concrete curb and gutter. (a) Curbing shall be required around safety islands. (b) Curb cuts and tamps for the handicapped shall be installed as required by State law. (c) Construction shall be in accordance with curbing specificarions on file at the City. (d) The Ciry may exempt curbing: (1) Where the pazking lot directly abuts a sidewalk which is sufficienfly higher than the grade of the parking lot and sarisfies the curbing requirements. (2) Where the City has approved future expansion. 11.19 (4) Driveway Requiremenu. (a) A maximum driveway width of thirty-two (32) feet at the curb opening, excluding the entrance radii can be constructed. (b) The parking aisle shall be a minimum of twenty-five (25) feet in width for two-way traffic and eighteen (18) feet in width for one-way traffic. (c) The edge of the curb opening shall not be closer to the nearest portion of a street right-of-way intersecrion than seventy-five (75) feet or two- thirds (2/3) of the lot width, whichever is smaller. (d) Where a"T" intersecrion exists, a drive may be located opposite the end of the intercepted street. (e) The minimum driveway angle to the street shall be sirty (60) degrees. (5) All parking and hard surface azeas shall be: (a) No closer than twenty (20) feet from any s�eet right-of-way. (b) No closer than five (5) feet from any side lot line, eacept for a common drive approved by the adjoining property owners and the City. (c) No closer than five (5) feet form any rear lot line unless adjacent to an alley, then the setback shall be zero (0) feet. (d) No closer than five (5) feet from the main building. (e) Curbed with minimum driveway access radii of ten (10) feet to match the existing street curb. (6) Loading Docks: (a) Outside loading docks aze to be located in the rear yard or side yazd and be properly screened. (b) The space needed for the loading docks must be adequate to handle the loading and unloading needs, without obstructing the public right-of- way. (7) Off-s�eet parking shall be provided for all vehicles concemed with any use on the lot. (8) Parking lots with more than four (4) parking spaces shall be striped. (9) Sufficient concrete area may be required for motorcycle pazking in addirion to the required vehicle parking stalls. (10) Bike racks may be required by the City in an area that is convenient to each major building entrance and will not disrupt pedestrian or vehiculu tcaffic or fue lanes. 11.20 ; (11) Safety signs, markings and traffic conuol devices may be required to promote vehicular, and pedes�ian safety. (12) Parking stalls may be nine (9) feet in width for manufacturing uses, warehouses and stora�e uses, speculative industrial buildings, and parking lots for long term employee parkin�. (Ref. Ord. 9�2, 960) 9. L��IDSCAPE REQUIRE�fENTS A. Scope. All open areas of any site, except for areas used for parking, driveways, or storage shall be landscaped and incorporated in a landscape plan. (1) All new developments requiring a building pernut shall comply with the requirements of this secrion. (2) Existing developments shall comply with the requirements of this section if one or more of the following applies: (a) At the time of a building expansion or alteration which dictates the necessity for addirional parking or hazdsurface areas in excess of four (4) stalls. (b) Building alterations which dictate a change in use such that the parking area must be expanded in excess of four (4) stalls. (c) Construction of addirional loading docks. (d) Construcrion of new parking areas in excess of four (4) stalls. (3) If full compliance cannot be achieved due to site constraints, partial comptiance as determined by the City shall be enforced. (4) The requirements of this secrion shall not be required for building alterations which do not affect the exterior portions of the site. B. Bonding Requirement The City shall retain a performance bond, cash or letter of credit, as required in Secrion 205.05.06.A. (3) of the zoning code for one growing season after the installarion of landscape materials is completed. C. Plan Submission and Approval. (1) A landscape plan shall be submitted to and approved by the City prior to issuance of a building permit or prior to approval of outside improvements not related to building improvements. A plan shall not be required for routine replacement of existing materials or the installarion of new materials when not associated with a building project. (2) The following items shall appear in the landscape plan: (a) Geaeral 11.21 ��1)) ��2)) ��3)) ��)) Name and address of owner/developer Name and address of architecddesigner Date of plan preparacion Dates and descriprion of all revisions ((5)) Name of project or development ((6)) Scale of plan (engineering scale only) at no smaller than 1 inch equals 50 feet ((7)) North point indication (b) Landscape Data ((1)) Planting schedule (table) containing: a2» ii3)) ((4)) ��5)) ((a)) Symbols ((b)) Quantiries ((c)) Common names ((d)) Botanical names ((e)) Sizes of plant materials at time of planting ((�) Root specificarion (B.R, B& B, potted, etc.) ((g)) Special planting instrucrions Existing tree and shrubbery, locations, common names and approximate size. Planting detail (show all species to scale at normal mature crown diameter, or spread for local hardiness zone) Typical secrions in detail of fences, tie walls, planter boxes, tot lots, picnic areas, berms, and other similar features. Typical sections of landscape islands and planter beds with idenrificarion of materials used. ((6)) Details of planting beds and foundation plantings. ((7)) Note indicating how disturbed soil areas will be restored through the use of sodding, seeding, or other techniques. ((8)) Delinearion. of both sodded and seeded azeas with total areas provided in square feet, and slope information. ((9)) Coverage plan for underground irrigarion system, if any. ((10)) Statement of symbols, to describe exterior lighting plan concept. 11.22 (c) Special Condirioas: Where landscape or man-made materials are used to provide required screenin� from adjacent and neighboring properties, a cross-secrion shall be provided through the site and adjacent properties to show property elevarion, existing buildings and screening in scale. D. Landscaping vlaterials; Definirions. All plant materials shall be living plants. Artificial plants are prohibited. (1) Grass and ground cover. (a) Ground cover shall be planted in such a manner as to present a fmished appearance and reasonably complete coverage within twelve (12) months after planting, with proper erosion conh�ol during plant establishment period. Exceprion to this is undisturbed areas coataining narival vegetarion which can be maintained free of foreign and noxious materials. (b) Accepted ground covers are sod, seed, or other organic material. The use of ' rock and bazk mulch shall be limited to azeas around other vegetation (i.e. shrubs) and shall be contained by edging. (2) Trees. (a) Over-story Deciduous. ((1)) A woody plant, which at maturity is less than thirty (30) feet in height, with a single trunk un-branched for several feet above the ground, having a defined crown which losses leaves annually. ((2)) Such trees shall have a 2%: inch caliper minimum at planting. (b) Omamental. ((1)) A woody plant, which at maturiry is less than thirty (30) feet in height, with a single trunk unbranched for several feet above the ground, having a defined crown which losses leaves annually. ((2)) Such trees shall have a 1'/: inch caliper minimum at planting. (c) Coniferous. ((1)) A woody plant, which a maturity is at least thirty (3)) feet or more in height, with a single trunk fully branched to the ground, having foliage on the outermost portion of the branches year-round. ((2)) Such trees shall be six (6) feet in height at planting. (3) Shrubs. (a) Deciduous or evergreen plant material, which at maturity is fifteen (15) feet in height or less. Such materials may be used for the formation of hedges. Such materials shall meet the following minimum standards at time of planting: 11.23 (( i)) Dwarf deciduous shrubs shall be eighteen (18) inches tall. ((2)) Deciduous shrubs shall be twenty-four (24) inches tall, except as in Secrion D below. ((3)) Evergreen shrubs shall be of the eighteen (18) inch classificarion. (4) Vines. Vines shall be at least twelve (12) inches high at planting, and are generally used in conjunction with walls or fences. (5) Slopes and Berms. (a) Final slope grades steeper than 3:1 will not be permitted without special approval or treatment such as terracing or retaining walls. (b) Earth berm screening parking lots and other open areas shall not have slopes exceeding 3:1. A minimum three (3) foot berm is required. E. Perimeter Landscaping; Standards. (i) In order to achieve landscaping which is appropriate in scale with the size of a building and site, the minimum standards apply: (a) One (1) tree for every one thousand (1,000) squaze feet of total building floor area or one (1) tree for every fifty (50) feet of site perimeter, whichever is greater. A minimum of thirty (30) percent of the trees required will be coniferous. (b) Two (2) omamental trees can be subsrituted for every one (1) over- story deciduous shade tree. In no case shall ornamental trees exceed fifty (50) percent of the required number of trees. (c) Parking and driving areas between the building and frontage street shall be screened in the fotlowing manner: ((1)) A continuos mass of plant materials; minimum of three (3) feet in height at time of planting; or ((2)) A continuos earth berm with slopes no greater than 3:1 and a minimum of three (3) feet in height; or ((3)) A combination of earth berms and plant materials such that a minimum of three (3) feet of continuos screening is achieved. F. Interior Parking Lot Landscaping Standards (1) All parking areas containing over one hundred (100) stalls shall include unpaved, landscaped islands that are reasonably distributed throughout the parking area to break up the expanses of paved areas. Landscaped islands shall be provided every two hundred fiiiy (250) feet or more of uninterrupted parking stalls. 11.24 , -, (2) All landscaped islands shall contain a minimum of one hundred eighry (180) square feet with a minimum width of five (5) feet and shall be provided with deciduous shade uees, or oraamental, or ever�reen trees, plus gound cover, mulch, and/or shrubbery, in addirion to the m;n;mum landscape requirements of this ordinance. Parking area landscaping shall be contained in planting beds bordered by a sir (6) inch raised concrete curb. (3) Trees shall be provided at the rate of one tree for each fifteen (15) surface parking spaces provided or a fraction thereof. G. Screening and Buffering Standards (1) Where the parcel abuu pazk or residentially zoned property, there shall be provided a landscaped buffer which shall be constructed in the following manner: (a) A screening fence or wall shall be constructed within a five (5) foot strip along the property line (s) abutting the pazk or residentially zoned property. Said fence or wall shall be constructed of amacrive, permanent fuushed materials, compatible with those used in the principal structure, and shall be a minimum of six (6) feet high and a ma.cimum of eight (8) feet high. Chain link fences shall have non- wooden slates when used for screening purposes; or (b) A planting screen shall be constructed in a fifteen (15) foot strip and shall consist of healthy, fully hardy plant materials and shall be designed to provide a minimum year-azound opaqueness of eighty (80) percent at the time of maturity. The plant material shall be of su�cient height to achieve the required screening. Plaating screens shall be maintained in a neat and healthful condition. Dead vegetarion shall be promptly replaced. (c) If the existing topography, natural growth of vegetarioa, permanent buildings or other barriers meet the standards for screening as approved by the City, they may be subsrituted for all or part of the screening fence or planting screen. (2) All loading docks must be located in the rear or side yards and be screened with a six (6) foot high minimum solid screening fence if visible from a public right- of-way or if within thirty (30) feet of a residential dis�ict. (3) All external loading and service azeas accessory to buildings shall be completely screened from the ground level view from conriguous residential properties and adjacent s�reets, except at access points. H. Credit for Lazge Trees The total number of required over-story trees may be reduced by one-half (1/2) tree for each new deciduous tree measuring three (3) inches or more in diameter, or each new coniferous tree measuring eight (8) feet or more in height. In no event, however, shall the reducrion be greater than twenty-five (25) percent of the totat number of trees required. 11.25 Credit for Esisting Trees The total number of required new ove�-story trees may be reduced by the retention of existing over-story trees provided that the following condirions are sarisfied: (1) Such trees are four (4) inches or greater in caliper measured six (6) inches from soil level. (2) For each existing tree meetiag the requirement, two trees as required in section D above may be deleted. (3) Proper precaurions to protect trees during development shall be indicated on gradin� plans submitted for plan review. Such precautions are outlined in secrion J. These precautions shall be included in the landscape surety. Irrigation. Underground imgarion shall be required to maintain all landscaped, boulevard, front and side yard areas. K. Installarion. (1) The following standards shall be met when installing the required landscaping: (a) Plant materials shall be located to provide reasonable access to all urilities. (b) All required screening or buffering shall be located on the lot occupied by the use, building, faciliry or structures to be screened. No screening or buffering shall be located in any public right-of-way. (c) Sodded areas on slopes shall be staked. (d) Seeded areas shall be mulched with straw to prevent erosion. Hydro mulching is acceptable. (e) Oak trees shail be surrounded by snow fence or other means at their drip line to prevent compaction of their root systems. (� Plantings shall not be placed so as .to obstruct lines of sight at street corners and driveways. (g) No plant materials reaching a mature height of twenty (20) feet or more shall be planted within a twenty-five (25) foot lineal path of the centerline of an overhead power line. (2) the applicant shall install all landscape materials within one yeaz; but shall have three (3) years within which to install the required landscaping if the following minimum standards are met: (a) First yeaz ((1)) All grading is completed, including installation of berms. 11.26 ((2)) The required irrigarion system is installed. ((3)) Areas to be seeded and/or sodded are installed. ((4)) Screening for adjacent residential areas is installed, if required. ((5)) Twenty-five (25) percent of the required over-story trees are installed. ((6)) Twenty-five (25) percent of the perimeter landscaping is installed. (b) Second year ((1)) The remainder of the perimeter landscaping is installed. ((2)) Interior landscaping is installed. ((3)) Fifty (50) percent of the remaining required over-story trees are installed. (c) Third year Any remaining landscaping shall be insWlled. L. Maintenance. (1) The property owner shall be responsible for replacement of aay dead trees, shrubs, ground covers, and sodding. If any plant materials are not maintained or replaced, the property owner shall have, upon written notificarion from the City, one growing season to replace said materials before the City shall maintain or replace said plant materials and assess the property for the costs thereof. Plant materials need not be replaced specie for specie; however, in no case shall the number of plant materials be reduced from the minimum that is required by this secrion when replacing dead plant materials. (2) Screen fences and walls which aze in disrepair shall be repaired. (3) All vacant lots, tracts, or parcels shall be properly maintained in an orderly manner free of litter and junlc. (Ref. Ord. 960) 10. PERFORAMCE STANDARDS A. Pazking Facilities. All driveways, pazking areas and loading docks shall be surfaced with blacktop, concrete or other hard surface material approved by the City. B. Exterior Storage. The exterior storage of materials, motor vehicles, and equipment shall comply with Secrion 205.18.O1.C. (11). (Ref. Ord. 995) 11.27 C. Refuse. Ail waste materials, refuse or garbage shall be contained in closed containers as required under the Chapter entitled "Waste Disposal" of the Fridley City Code. D. Screening. (1) Screenin� of off-street parking shall be required for: (a) Any off-street parking azea visible &om a public right-of-way. (b) Any driveway to a parking area adjoining a public right-of-way. (2) Where any indus�-ial district is adjacent to a public right-of-way or across from � any residential district, the following requirements must be met: (a) There shall be a five (5) foot sidewalk easement provided along the property line. Council may allow the applicant to delay the installation of the sidewalk, if the applicant signs an agreement that it will be constructed when the City requires the installadon. (b) There shall be a fifteen (15) foot planting strip located behind the required sidewallc, that is substanrial enough to create a physical separarion between the public right-of-way and the industrial properry. (3) All trash or garbage storage receptacles must be located in the rear or side yard and be totally screened from view from any public right-of-way. Provisions must be taken to protect screening firom vehicle damage. (4) All raw materials, supplies, finished or semi-finished products and equipment, not including motor vehicles, shall be stored within an enclosed building or be screened on all sides from view from a public right-of-way or an adjoining property of a different district by a fence or other approved screen which extends two (2) feet above the highest item to be stored with the height not to exceed eight (8) feet except where materials and equipment aze being used for construcrion on premises. 11.28 CITY OF FRI� DESCRIPTION OF REQUEST Gary Brewster, Roslyn Park Wesleyan Church is requesting a rezoning of property from R- 2, Two Family Residential, to R-3, Multi-family Residential. Currently, half of the church property is zoned R-2, while the other half is zoned R-3. A rezoning would allow the entire church property to be zoned consistently. The Church has long range plans for expansion and would prefer to rezone the property now to facilitate their plans. SUMMARY OF ISSUES: Both Sections 205.08.01.0 and 205.09.01.0 of the Fridley Zoning allow churches as a Special Use Permit. The surrounding land is a mix of R-2 and R-3 properties. Compatibility is a key factor. As either R-2 or R-3 the land passes the test for rezoning. Allowing the rezoning as requested would not be inconsistent with the zoning patterns and existing uses in this area. PLANNING COMMISSION RECOMMENDATION The Planning Commission recommended approval of rezoning request ZOA #98-02, without stipulations. RECOMMENDED ACTION: Staff recommends that the City Council hold the public hearing. 12.01 Staff Report ZOA #98-02 & SAV #98-02, 5300 6�' Street NE Page 2 Petition For: Location of Property: A rezoning of property from R-2, Two Family Residential, to R-3, Multi-family Residential. 5315 5� Street N.E. and 5300 6th Street N.E. Legal Descript. of Property: Lots 11-21, Block 15, Hamilton s Addition to Mechanicsville Lot Size: Topography: Existing Vegetation: Existing Zoning/ Platting: Availability of Municipal Utilities: Vehicular Access: Pedestrian Access: Engineering Issues: Comp. Plan Issues: Public Hearing Comments: 60,131.2 s.f.,1.38 acres Relatively flat Urban Landscape R-3, General Multiple Unit / R-2, Two Family Unit Utilities available 53rd Avenue N.E. and 6� Street. NA A storm pond will be required as part of the master plan for this site. Calculations and pond design will be required prior to the first building permit to be issued on this project. The zoning and use of this land are consistent with the Comprehensive Plan. To be taken 12.02 ,. Staff Report ZOA #98-02 & SAV #98-02, 5300 6`" Street NE Page 3 Site Planning Issues: NORTH: Zoning: R-1, Single Family R-2, Two Family EAST: Zoning: R-2, Two Family ADJACENT SITES Land Use: 1 and 2 Family Residential Land Use: 1 and 2 Family Residential SOUTH: Zoning: City of Columbia Heights Land Use: Residential (single and multiple) WEST: Zoning: R-3, Multi-Family Residential Land Use: Residential, Primarily Single Family DEVELOPMENT SITE RE UEST Gary Brewster, Roslyn Park Wesleyan Church is requesting a rezoning of property from R-2, Two Family Residential, to R-3, Multi-family Residential. Currently, half of the church property is zoned R-2, while the other half is zoned R-3. A rezoning would allow the entire church property to be zoned consistently. The Church has long range plans for expansion and would prefer to rezone the property now to facilitate their plans. SITE DESCRIPTION/HISTORY Hamilton s Addition to Mechanicsville was platted in 1886 On August 7,1956 a building permit was issued to construct the Roslyn Park Church. On March 15,1965 a building permit was issued to create the Parsonage. The parsonage is on a parcel that is zoned R-3. The Church is on a parcel that is zoned R-2. As a result, the petitioner has requested a rezoning of the R-2 property to R-3. Both districts allow churches as a special use. The language regarding churches is identical in the two districts. However, staff has taken the same approach to analyzing this request as if another R-3, Residential use were being considered. Evaluation of the Rezoning Criteria Compatibility of the proposed use with the proposed district. The proposed use of the site is to provide for future expansion of the church and associated parking. Compatibility of the pxoposed district with adjacent uses and zoning. The proposed district, R-3, General Multiple Units District is compatible with adjacent uses and zoning. 12.03 Staff Report ZOA #98-02 & SAV #98-02, 5300 6`� Street NE Page 4 The use of the subject parcel as it is currently zoned would not be limited (for the intended purpose) by its zoning. However , other idiosyncrasies about two zoning classifications make rezoning an attractive option. Compliance of the proposed use with the proposed district requirements Setbacks The future site plan meets the minimum requirements of the R-3, General Multiple Unit District requirements, if the alley were vacated and lots consolidated. Drainage The engineering department will require that the drainage plan meet the requirements of the Six Cities Watershed Management Organization. Storm water will be required to be managed on site and then released into the storm water system located adjacent to the site. Landscaping A future landscape plan would be required. Final landscape plans must meet or exceed the requirements of the C-2 District. Also, the parking lot will require additional plantings to provide additional screening of the parking lot from the public right-of-way. Building Materials Code requires that commercial buildings be constructed of masonry units specifically designed as finished exterior surfaces. These materials include: brick, rock face block, etc. The future building addition will be of materials to blend with the original architecture of the church. PLANNING COMMISSION RECOMMENDATION The Planning Commission recommended approval of rezoning request ZOA #98-02, without stipulations. RECOMMENDED ACTION: Staff recommends concurrence. 12.04 � (Columbia ��s �n«B: C] t�1 - a,e Farriy Uni1s a�= 1�2 - Two Farrily Urrts 0 � - cener� n�►wpe urns � R 4- Ak�bite Fiorne Parks � PUD' Rarried Urrt De�oprr�r� � S-1 - H�le Park Neighborhood [� G1 - � Ofstrict G2 - Generdi Business � C.3 - Ge�eral SFoPPinB � c� - c� aroa 0 tu�, - u�x ind� � nn-2 - �e�y inau�� lu►.'i - o�tdoor kteruhre Heavy �rrl �� -� P - Ptdic Facilities � �� PoC'FR'-OF W4Y ), Alley Vacation & Rezoning Petitioners: Raslyn Park Wesleyan Church Alley Vacation: SA V #98-02 Rezoning.• ZOA #98 02 Zoning.• R 2& R-3, Resic��ttial 530�0 6th Streetl�'�'- ----- �A AC ��.v.i R .1, ��' �:� ` � � ��r / r1. ,Y �' � , � �:i - 1 ; � �; �.� .. . .. � � , '°_�� t.�.:;=� � . a � - a �- �-��`"� R . - _ .: .- _ ,, _� _ _ _ - , _ .-_ :...,-� �_ . : _., - < . � ! CONSULTING ENGINEERS ULTEIG ENGINEERS, iNC. 5201 EAST RIVER ROAD, SUITE �00 MINNEAPOl15, MN 55421 May 5, 1998 Gary G. Brewster, Pastor Roslyn Park Wcsleyan Church 5300 6ch St. NE i;ridley, MN 55421 RE: Sile Layout Options UEI Project # 96723 Gary: PHONE 612-577•2500 FAX 812-571-1168 The proposed improvcmcnts to the Roslyn Park Wesleyan Church include constructing additions of 4630 s.f. to the existing Church (1590 s.f. in Phase 1) and expanding the ��arking lot in order to maximize parking available on the property. With regard given to Cily requirements for ponding and traffic flow characleris[ics, we considered scveral parking lot arrangements. Of �hcse, four options were revicwed in depth and can be seen on sllcets 1-4 of the Roslyn Park Weslcyan Church plans. Consideration was also given to the excavation nccessary to improve the site and the temporary stocmwater ponding required to construct the first addition to the existing Church. Thc available parking on site can be maximized at 67 parking stalls as seen in Options 1 and 2. Option 1 provides 1308 c.f. of ponding between the Sth St. right-of-way and the parking lot, and by grading into the Sth St. right-of-way, Option 2 provides 1859 c.f. of ponding. In bolh options, the ponds are being released to the calchbasin in the northeast corncr of the intersection of S�h St. and 53rd Ave. N.E. City ponding requirements, however, state ponding must be provided to storc 100°Io of the runoff increase due to improvements for a 100-yr. storm event. Therefore, 4560 c.f. of ponding must be provided, and Options l and 2 do not meet this requirement without a City variance. In order to provide the necessary ponding, some parking stalls need to be eliminated. Option 3, wilh 61 parking stalls, has si►nilar traffic flow to Options 1 and 2. However, �arking stalls at the southwest corner of the lot have been eliininated to provide 5100 c.f. of pond storage. By adding anothcr entrance on Sth St. and creating a second parking lot on the west side of the property, Option 4 has 63 parking stalls with space for 4630 c.f. of pond storage. Both ponds in Options 3 and 4 are also to be released to the same catchbasin as described above. Option 4 provides two more stalls than Option 3; however, an extra entrance is necessary and the western lot would be separated from the rest of the parking lot. Therefore, Option 3 is recom►nended to provide the most parking while mceting City ponding requirements and offering the smoothest traffic flow charactcristics. ;.�� •� . : C E � `I +C ``` � 12.06 EQUAL Y EMPLAYER In orcier to construct thc new parking lot on the west side of the property, approximalely 1600 cy of dirt will need �o be excavated. By crea�ing berms and landscaping, 150 cy may be used on site, but roughly 1450 cy will nccd to be haulecl off site. The temporary stormwater storage necessary per City requirements for the construction of the first addition to the existing Church is 424 c.f. or roughly a 15' x 15' x 2' pond. It is recommendcd that the temporary pond bc constructed in the same location as the permanent water quality pond discussed above in Option 3. If you have any morc questions or comments, plcasc feel frec to contact me at 571-2500. Sinccrely, . l, � �,�LL� j�'�� - Gerald P. Floden, P.E. 12.07 � 1 1 I I I 1 � i i 1 1 I � 1 I i 1 i I I I I 1 I 1 I 1 i 1 I 1 � I 1 � � � 1 1 � I I 1 1 1 � 1 1 i I I I I 1 I I 1 1 i 1 i I I I I 1 I I 1 I � � � � i �._f.�- — •w• • � :1.:'�yy.�j I 1 _ ' �� f� ' J I j' ' Inl la i�S; ��'�'}� :. � IOt IS O !Q � ,.'i,. � r '��'..' �.:?�.t � i r • • � � J - - � — '1-�� ..e.- ..c , �� - - - — - - ...+s w. o. `� � \ �� I I � �-'1]0.9� !'lAi-IJO.W MEAS. - ---1]0.91 VIAT-IJ0.10 "' :u . �J._. �� _ _ r • �_�� ,:.,..:�.,-1 -•-•- - -. ._._._._._._.-. . �:,.-.�r.� _.—_b—_ _ _ _'__'—�—_'_�'__' �.__'__'__.--' _ __ _ --- -- -- =s- �..�- _�:--�-�3-RD-- -tprVE.-�-�N-:E.- --�..w=�--�_ .. • � .,�, ,�..� � � E- w w � F-- � S I- � �---------------- ----------------1 � ( PATRICA MOLDENHAUER � ��i yi � CERT. aA7}20 �o� i � � � �380 6TH SL NE. 1 � ' 1 � _ _ - - - -- — --- --- ` � � ci iais nnF i on rFS - � �- --- -- -- -- --- - - — —i � C(.RI�. NA7f77 iai ts �.o' � � 1 S.S/S 5111 SL NF. I • 1 �--------- —�a' --- 1 � � I 208ERT J. GIpEO, JR R FRANCES GIDEO � � io� ze � �'ERT. j�61503 �o� a � 1 ( � a372 6TI1 SL NE. � 1 I � I i _ J ' _ �Jf ;5E •i. SELLnRDS -- — — � � - — — -- — -- - � CI R1. /j6R84A �� „ � I �.oi . � 1 �, �r,� 5iu sr. NE. 1 � I I - j� I �� I � I �- -------- —�-�UI ---------� � \ I j� RI(IfARD K. f�l_ANK 1 io� �R � � CE f. q29909 �."' s I � � 1 � � I 1 � �, � � 1-- -_ ------�'!��sig i ----------1 �IIIUM/1; O. SIIMAGK Ft SIIIRLE'f.,Mil��j�ON� � � 1 �'.f"RL /J69195 . �o� zs —ll � � ior e � � r,.5.,i sni si. tar. 1 1 .M..� 1 1 r � � 1 1 __ - --- - - -- --. .. - -- -1 �_-'°'"° -- � � � � _ _-----� � � � E3ANKE 5 fRUSf C0. OF CA. I � ior v. i CERI. F„�Q37 �� i � � � � � ( � --- -- — -- — — — --- — � � — -- --- -- — - - — �—; � ui iioi�ni i �. wni_KF.iz r,,,� �, I � 1 iCI R I. (/79959 �or x� �... � ioi e � 5.i29 SIH SI. NE. n P ( 1 � � � � I I � •w I I � � � � ( ��.r � � I i � I I I � I� � � �� I 13 I I� I I � j I i I �.,I. � t I ' I I I j� , I�j �� I I � �� I I h � I� I I II � � � — �-- — — — -- = —� � I. LLAS L k P�iRIC1A A RAMSEY I I c R r. �(4zai � ioi s � i` 36 6TIi SL NE. � � � �---- ----- --� 12.08 i ----- I I I 1 i � 1 I I I � I 1 I 1 I i I 1 I 1 1 I 1 1 1 � 1 I I � I � � � � 1 � 1 i I I I I � I I 1 I I 1 I I I i I 1 I 1 I I i I 1 I I 1 . I � � � � � � f � 1 L _ � �•�, I �,^'; i � i i � � � I u'cir au.. ��~ �m � w.r - — — �1� c. � . I ' �p � '_ "_ _' .__'_' .',`. �y. U ,••� 12.09 c; o: N • f7'- + � • < '�y't �� . _ � i . _c.a �� ti,- �,... - _CiYll 1 1 � � //� CITY OF FRIDLEY 6431 UNIVERSITY AVENUE FRIDLEY� MN 55432 (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT APPLICATiON FOR: �! Rezoning Zoning Text Amendment PROPERTY INFORMATION: - site pian required for submittal, see attached Address: Property Identification Number: Legai Description: Lot Biock �5 TracUAddition Current Zoning: � � Square footage/ac�reage: Requested Zoning: 2 3 Reason for Rezoning: ?:� � ��_�_�,� J/G+�Q��: �_ �_ L�. ,�.�..1c�G ��,;i:-� �l:_ �:�rs- r� �,�: +i a�+K� -%�_ � � � � ;� � Z .� ,..1: ,o.: .� ?1 'vt �o;CEGP.(au Or, Section of Zoning Code to be�Changed: __ rs,.; ��,.��t, ��I =E��3�� (Attach requested language) Reason for Change: .{ ��' =�..iJ�, ,� �� '., , �.� � , �. u ,. �:.� Have you operated a business in a city which required a business license? Yes No ✓ If Yes, which city? If Yes, what type of business? Was that license ever denied or revoked? Yes No .�r...^..�r.�.r�r.�r �r.�r.�. r...�r�r....r�rw..�..�.wor.�.^r�.r�.�r.�r.�..�.�..�..�.r�.�r.�r.�rr...�r.�..�..�r�.wrw.^..�.�r.�.�..�rr�r�v�..�rnr.o.�.r^r�..�r FEE OWNER INFORMATION (as it appears on the property title) (Contract purchasers: Fee owners must sign this form prior to processing) NAME: ADDRESS: DAYTIME PHONE: SIGNATURE/DATE: �� NAME: i�v s/uti l�a,rK (,�)es �e_UQ,r,L C1i. �c�-c.%�. ADDRESS: 5.3oa ,6 �I , Sf: ,X/F_ DAYTIME PHONE: �702 - 86 9� SIGNATURE/DATE: FEES / Fee: $500.00 ✓ Rezoning�$300.00 Zoning Text Amendment Application Number: vz *�-qgo2Receipt #: Received By: Scheduled Planning Commission Date: � Scheduled City Council Date: S� 10 Day Application Comptete Notification Date: J, 60 Day Date: S� 12.10 � . , �� / , l`F�� 27 � >99� / S, 15 �� /�/9s -, r _�}:z � MEMORANDUM PLANNING DIVISION DATE: Thursday, September 10, 1998 TO: Wiliiam W. Burns, City Manager �� FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator RE: Public Hearing on Zoning Text Amendment, ZTA #98-01,CeIINet Data Services (MSP), Inc. On September 2,1998 the Planning Commission held a public hearing and recommended approval of Zoning Text Amendment, ZTA #98-01, by CeIINet Data Services. CeI1Net Data Services has applied for a text amendment to the City Code to allow "Automatic meter reading systems." Automatic meter reading systems are the next step in the telecommunications industry. They are basically boxes, which can be mounted on telephone or light poles, that are able to read utility meters. They relay the information from a utility meter in a residence or business to the utility company. A definition for them is on the following pages. � � Ordinance No. 1112 added the new Section 205.29 to the City Code. This section established the O-5, Telecommunications Towers and Facilities District, which regulates telecommunications services. This section does not reflect the new technology of the automatic meter reading systems. Approximately 140 automatic meter reading systems have been proposed for Fridley (see attached map). Under Ordinance No. 1112, the majority of the automatic meter reading systems would each have to go through the special use permit process. Tonight the City Council has an opportunity to further review and discuss this amendment as part of their public hearing process. The text amendment would allow automatic meter reading systems as a permitted use in any district. Even though the automatic meter reading systems would be allowed as a permitted use, the company installing them would have to register with the City and for each microcell facility, a user fee and an individual automatic meter reading systems permit would be required. The registration fee and user fee are required by Chapter 407. Chapter 407 is entitled "Right-of-Way ManagemenY' and was created by Ordinance 1116. PLANNING COMMISSION RECOMMENDATION The Planning Commission recommended approval of the proposed text amendment, ZTA #98-01, as presented. RECOMMENDED ACTION Staff recommends that the City Council conduct the public hearing. First reading of the ordinance is scheduled later in Monday's agenda. 13.01 l' 13.02 _! � � - `�py�!' " yY'�-: ` -.�:. t=- :_._�_ ��. - °�:::� Ci:v:n ....v:.�u�J, .....__� �u.� ��......_ July 10, 1998 BY FACSII�IILE and BY MESSEYGER Scoa Hickok Ciry of Fridley 6431 University Aveaue Fridley,ll�L�1 5�432 LEONARD, S'I'REET AND DEINARD pRQfESS(O:IAL .�SSOCIATtON Re: Cdl��fet Data Serviccs (MSP), Inc. (�CellNet") Dear Scott: Susan S. Fauver Writer's Dirccc Dial Numbtr 6I2-33�-1439 Enclosed are thc follovring docutnents: • � (1) a completed Application for a Zoain� Text Amendment and a check payablt to th� City of Fridley in the amount of 5300 for the Application fce; (2) proposed language for an ordinancc regarding the location of microcell facilities on public utility structures; and (3) a proposed Encroachment Agreemeat regazding the microcell facilities that is modeled a.fter similar Agreements that Ce11Net has entered into with the cities of Maple Grove and Bloomington. As you aze aware, Ce11Net is making the qpplication for a Zoning Text AmendmEnt in order to satisfy condition number 8 to the staff's recommendation for approval of Ce11Net's Special Use t'ermit relating to installation of equipment on an existing tower. In addition, adoption of an ordinance regarding microcell faeilities will facilitate the development of CellNet's service network. � 1�0 SOUT}L F1ITH STfEET Svizf s�oo MiNKawrocts, MtNrttsoTn SS4os TllL 6ts•;;S•tsoo Fex 6ts•33S•26s7 ieni:w.ot CAw OF►tCES [N �ttNNEACOtIi, SAZNT �ANL Ait� LtANRAIV . . . . ..13.03 _ . . . . � . ;-�_ . . �.-. �. t:z�.`- z ' �_?y��,��. F�O�( LEONR�D, STAEET A�YD DF I YA�D (F3i ) 7. 10' 98 15 :19/S�'. i�:18�0. 4�60433319 P 3 July 10, 1998 Page 2 Piease contact me with any questions or comments yau may have. Thank you. vrn n�y yo�, LEO�ARD, ST�tEET �ND DEIV ' � � �� Susan S. Fauver ssf/cm Enclosure cc: Tom Frerich (b�' facsimile w/enclosure) Grcgg Larson (by facsimile w/eaclosure) James J. Ber�and, Esq. (w/o enclosure) 0 ��:�.o� 13.04 � � � I 2� �O /iI !� (/L �(. METER RE.�DING AND YOUR COMMUNITY. . . �TS P's automated meters are equipped with a radio cransmitter that allows us to read them remotely. Follo�ving are the major steps that will be taken in each communiry: ♦ Communities are sent a letter introducing the project ♦ Communities are concaaed by an NSP representa tive regarding the network installation and meter automation in their community ♦�er Ce11Net and NSP receive approval, MicroCell Controllers are installed ♦ Customers have an automated meter installed ♦ NSP meter readers continue to read meters manually for up to three months to ensure the • network is working appropriately �4-; ♦ NSP bills off the -�=�,. ' `� automated meter reading ♦ Customers recei�e a monthly NSP bill that looks the same as ��E'_ _�: . , __.. `�� it does now CellMaster MicroCtll Consroller _ ;::_ . . - . , ,, . ;: � z.r . _ , _ �,:`-;'s'�.::s-` - �.:� � .: _ .:: ' MicroC�ll Controllrr (Closc up) -13.05 - _ - � .-.:-�_ _ We're � � . r �-. � _ wo�k�n: .- . .:9! : ". _ �m rove � p .. � �� Y . ' � � -�l: � _� �. - : S E.' �'VI CE'�. -: :::� . . . • . . r�� . Today we replaced your electric meter. This new� meter is equipped with the very latest in technolog}! It is iead by radio si�-nal. Electronically read meters will . almost eliminate the need to estimate bills; �. they provide accuiate readi.ngs each and �: : every month. = • . . . � �aS d� � S�'i: l.o:�-4erii �% �� eS:�n� s �,pai I �e�nTS !�"' J�..�� FSgJ. I How the new meter works. �� Tne new• metzr uses a radio si?naI co send infoc�arion about your montfily eiectric usa�e to a nearby transmitter. Tbat transmitter sends the informaaoa to NSP's central billin� computers etectroaicaIly. How your bills will be affected. Your \tSP bill will look the same, and aZll contiaue to arrive on a monthly basis. We want to make sure the system is worlcing appropriateIy, so a meter reader will continue to come to your home or business to double-check the readings for up to tiuee months before we transfer you to the automatic meter reading rystem. � - � . W.��at you may notice today. ' Your power may have been out for up to 5 mi.nutes during the installation of your new meter.� Here are some tips to get you moving aQain: �_:. �O. � Reset any digital clocks . �. . : � . . - �-. _- � • Turn on your cable TV box; and malce suie your TV .� is set to the proper cable channel • Reset your electric garaQe door opener by pulling the release cord � � � • :• You. may have to reset circuit breakers or � � .replace fuses �- _ -. _ More questions? =? ��: �: _ - - . . � ._ ". . . . _ ' ' - '': " .. - � ~ t �` - - � •� To find out more about the meters in eneral ��ou can `'�� .. _ 8 � Y =;�:: � call Ask NSP at (800)�432-7677, and listen to aiessage �� r� � �222. You'll quickly get ansvvers to frequently asked - - questions.�Call the i�ISP Customer Business Office at _. (800) 89�-4999 for spec�c questions about the new �>�. . meter or your bills...:. _.. _: � �' =,: � - . � � �: -- � We're pleased to be yoiu�.energy pio�ider, and thank -: • you for bein� a customer: � �� . . .. = _ "- - • ,: . .. . �:"` =` - � �4ve� Plea13.06 � � . . , . - �3 �-, . _ . . � - . :•�� - .. >�-=.: '. _ _ . -.y �� - � _ � � _ _ : � Northeni St tes Powe�� Compa�y' .'- _':::.:�.' ��! �r �+ `, �( �:'iC!R �:,Vl'1�:tJ, S ��1.�..", i a�,'�U J� � i1�:�J crnr oF FwD��r 6431 U NIYERS�TY AVENU E FR1DLFll, NN 5�t32 (612) 571-34,50 (: �:; ?. '0' �� I;:19/S: 1�:18/vC. ?2�0?3::1� F 4 CO�lMUNITY DEYE�OPMF.NT DEPART�+lENT .� APPLICATION FQR: Rezoning x_Zoning Text Amendment rrtc�t'tK 11r INFpRMAT]ON: - site pEan required for subrritttai, see attached Address: Property Ident'rficativn Number ' Legai Description: �ot Blocic � Tract/Addition Curre�t Zoning: Square footagelacreage: Requested Zoning: Reason for Rezoning: Or, Section of Zoning Code to be Changed (Aitacfi requested language) Reason for Change: Have you operated a business in a c'�ty which required a business license? Yes � Nv � If Yes, which at}n lf Yes, what type of business? . Was that license ever denied or revoked? Yes � No ----.�...._,. ,"_,..,,,,_,,,.,. FEE OWNER iNFORMATIQN (as it appears on the property title) (ConVact purchasers: Fee owners must sign this form prior to processing) NAME: ADDRESS: OAYTIME pHONE: SIGNATUREJOATE: � PETiT10NER INFORMATION � NAME: Ce11Net Data Services (MSP), Inc. � ADDRESS: 414 Nicollet Mall, Minnea olis, MN 55402 bAYTJME PHONE: 61 -338-2625 SIGNATUREIDATE: _ .�/10/92 FEES " � -___�. F�= s�•04 Retoning 5300.00 X Zoning Teact Amendment Apptic,ation Number: ZsA ��•oi Receipt #: Received By. Scheduled Planning Commissiart Date: n;�: �' �5�5 Scheduled City Council Date: -' � � � - • : _; ; .:., �, 10 Day Appiication Complete Noti�cation Date: _� • • 60 Day Date: �,,;: �� JUN 26 .' 98 1 I� 09 13.07 612 5?1 1297 p�,� . :�� _ --� ::�£�. City of Fridley TO: William W. Burns, City Manager ��'�� FROM: John G. Flora� Public Works Director DATE: September 14, 1998 SUBJECT: Supplemental Public Hearing PW98-190 Y With the County's decision to adjust the alignment of Central Avenue in conjunction with their improvement project, they propose to shift the road 4 feet to the west and 4 feet to the east. The original plan was to move the road 8 feet to the west. Accordingly, a public hearing was held and those residents on the west side of the improvement project were advised of a possible assessment. No notice was made for the east side. In addition to the major project, the County is proposing to mill and overlay that section of Central Avenue south of Rice Creek and in that process it is proposed to complete the concrete curb on the remaining portion of Central Avenue north of 66�' Avenue that does not have concrete curb. This azea has also not been notified of a possible concrete curb assessment. To proceed with this project and assess for the improvements, the Council needs to schedule a supplemental public hearing for the assessments south of 69�' Avenue and east of Central Avenue to properly notify the residents of the pending assessment. JGF:cz 14.01 :� ''J` "' � F .� .. `. ,�'MUUR ��k, � A. v� � 76'. T'� `� I lt� �� -; w � Z � IUQ�7 � `� . ��OUI�t a � m ° t o � � �EP�• z AVE. ° � v, �?-'' � � i 6 t h�i A V E. r- a � � `' �Q ��' m 75th Q z � �, � %5 th AVE. � � G w �� C� CV. � � ' z Q'dE. _ Fi� L A. Q . F1RE �?DE DR. � i �' Z -- QO ,,, ,�O �FL� ` v, o a '-`' J � � � � � � B� c GNONDAGO � �T. �� Z � L.� � J � ONONDAGO WA Y ��n z i w a � u 7 3rd � a Y 73��2 AvE. W`� > �° 73/y Z � AVE. Q a a Q � A VE. w = m N.E. � V ` ��' � 61�ANALDECK CROSSING i 2nd m 62. BOHNHOF JUNCTION , FRIDLEY A�E• 63. N. OBERLIN CIR. 64. S. OBERLIN CIR. � 1� G� P� P o� 8 0` � 5 65. E. OBERLIN CIR. � . N.E. NUP,TOh� AVE 70. W. UPLAND CREST � — I�,'.�,r�e�oca -�------ - 6e. tv. TIMBER RIDC,� � �-�mmerci¢( 87. S. TIMBER RIDGE �1�e ay � Railu, CO/S!G �t�/�^ � �• CJIt a J---o RICE CREEK ' 69th AVE. N.E. E, � PANDORA �' r � � w 86. � ; ,�. � "' f�YERTON � � j�R• m68 th AVE. w Z 87. � 68th 6 ,� �� 1 S T. KENNAS P� �� .� CHAiy v> � Y AVE. B � �v TO � � ° � 4V h � �� • y o �c � r*� Q �Q, F, c.,� = wo 68th � a° '-' G< r o ^ a � � � � Z Z o � o � F` � �:o � 66%Z AV 7th AVE. � � � �' ,_ " � , 67th AVE. o � � , � a • CLOVER ��N ° `'' � `" 66 th 66th AVE. N � '�' ,.. h A VE. � 66 th � A � 66th � o a� AV E. CREE� PARK a W Z PL. MISSISSIPPI v~i qVE, a °� � � '-`� �A• o o '� '~�' ° m _' °- z S T. Q � � iley BENNETT z �: r � ,�; � Hal1 DR. o N N F, o Z Q ( � Ip6 = QANA 106 � � N��„ n � Z Q 64 th q V�. � N o �, 64th AVE. Q CT. z Z '-' � z o �d o o ° � a � � � c.�", �.i p. �' N m J Y w � Q CAME LOT � _,� � Q a m o Q'1 LpKE Yv RICE � N� � �R 63rd avE. p a WOOD SIDE CT I 3? Q`" ae-• m oRE. � � 14. OUINCY ST. c ��''�� F'NM o gR1 ARDqL � � ' � �R• �EATH � PL. OR• �,� � E �15. CARRIE LA. Q � �ER w � � v F. u � A�/E. N.E. �,P� 65 �., �lR• Y W v� o w � SAC Chamber RICE CR� 61st AVE. m >- w � w oo w of C merce p• FERNDALE `�' N.E. � , � .� � �n � � i� .�r� C,Q � NILLCREST AV, z v� '' 6Uth AVE. �. > N o w Q`` � ��. ,�Q.P�" �� , DR- o �KR1S1` G . � � '�O . � � � F C� � ` aVE. w � � .� � ��, p� i�' 3 Z� C1. z «n z � L hJ.E. 3^�� ; ;- ��, ny� J � 9 r Ga.RDENA o� a AVE. O ` : r Z � -wi MAR T(,OLD � � � r-' w � �- 5$ . AVE. o �� r- m� �`, r_ tt, TER. �` �X ,�P� -- v' �.,�� .i, �r, A VE. . � ' J� ' w =- � � �. �. �� Y�`� ��-14.02 � ` � �, � �, � (35) J, c �' � � HEt.E NE � H�CY:MF� �'QYA � w � � ` ^�" �' � � NL • �/, • � .�I r � ��Ak d o J ; ' -� _`�r?ri �VC. .� ' ~� H�THAWAl h LA. �.� ° �,i�4i,. ,� t.� r - r ' � September 10, 1998 John (3. Flora Director of Public Works City of Fridiey, MN Dear Mr. Flora As a homeowner with property abutting the current Central Ave Improvement project, I recenfly received notice from the City of Fridley regarding a Sept. 14, 1998 hearing to consider comments for proposed curb and gutter assessments. This letter contains my comments and questions on the curb improvements and I would appreciate their inclusion in the hearing proceedings should I not be able to attend. I am located at 1310 - 69th Ave NE, the SE corner lot at the intersection of 69th Ave with Central Ave. I have approximately 110 feet of concrete curb/gutter fronting the 69th Ave. side and another 25 feet on the Central Ave. side. The remaining 250 feet on the Central Ave. side is asphalt curb. In a phone conversation I had with you on 08 Aug. 1998, I understood you to say that Fridley city policy is to assess homeowners for the cost of concrete curb and gutter on the running distance of street frontage, taken to mean the distance on the street side from which the residential address is determined. What I would like to clarify with you is the policy concerning side street curb and gutter assessment for residences situated on corner lots. My recollection is that the side yard curb and gutter is not assessed to the homeowner and that only curb/gutter along the running front distance is subject to the assessment. I would like to receive a written response from your office regarding the city's official position on whether and how I would be affected by the proposed assessment. I would appreciate if you could send a response to me prior to the hearing date at the address or FAX numbers below. Thanks for you attention to my concerns. Regards, .-. f� % �// �L�_. �! .�TL✓��-T.�it..: t�.��- Richard Weispfenning � 1310 - 69th Ave. NE, Fridley, MN 55432 Phone: 612-514-6286 FAX: 612-514-5A99' 3� 4Z- cc: [Name] CITY OF FRIDLEY NOTICE OF SUPPLEMENT PUBLIC HEARING ON CENTRAL AVENUE IMPROVEMENT NORTH OF 66''H AVE 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. In conjunction with the County's improvement and mill and overlaying of Central Avenue, concrete curb and gutter will be placed on both the east and west side of the project where none is currently in place. In consistency with the City Policy, properties that have not paid for concrete curb and gutter will be assessed for this improvement. NOW, THEREFORE, NOTICE IS HEREBY GIVEN THAT on the 14�' day of September, 1998, at 7:30 pm 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, storm sewer system, water and sanitary sewer, landscaping, and other facilities located as follows: Partiallv Assessed Concrete curb and gutter not-to-exceed $11.00 per front foot Central Avenue North of 66� Avenue 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. Hearing impaired persons planning to attend the public hearing who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than September 1, 1998. Published: FRIDLEY FOCUS: August 20, 1998 August 27, 1998 September 3, 1998 14.03 August 7, ] 998 Subject: Concrete Curb Assessment Dear Resident: PW98-150 The County is scheduling an improvement of Central Avenue. In conjunction with the improvement, concrete curb and gutter will be placed on both the east and west sIde of the project where none is currently in place. In consistency with the City's policy, the concrete curb and gutter will be assessed to the abutting property owners at a cost not-to-exceed $1 1.00 per front foot. As a result of this improvement, a supplemental public hearing is scheduled at the Municipal Center in the Council Chambers on September 14, 1998 at ?:30 p.m. lf you have any questions, you may contact me at 572-3550 or attend the meeting. Sincerely, John G. Flora Director of Public Works ]GF:cz 14.04 � ; _ _, Rodger P. McCombs v ca �res�Cent. 8usmess Shared SeNices August 7, 1998 Mr. Bill Burns City Manager City of Fridley 6431 University Avenue, NE Fridley, MN 55432 Dear Bill, Medtronic, Inc. 3850 Viccona Street Nortn Shoreview. MN 5�126-?979 Intemet: www.mectcrornc.ccm Teieprcne: (6i2) 5ta-2333 FAX: (612) St:t-234; This letter is a confirmation that Medtronic agrees with the plan to install a new curb on the �t � of Central Avenue N.E. starting at 69th Avenue and going north. This will include our two entrances. We understand the curb on the west side was in the original project approved by the City. Thank you for your involvement in adjusting the scope of this project to better meet our mutual expectations. Sincerely, c Dan Fleischer, Medtronic John Flora, City of Fridley Donn Hagmann, Medtronic Dennis McCazdle, Medtronic 14.05 ; �,�s LJ� �• • August 10, 1998 Mr. Bill Burns City Manager City of Fridley 6431 University Ave NE Fridley, MN 55432 Dear Bill: RECEIVED AUG 1 1 �g98 This letter confirms my conversation with John Flora, Director Public Works. Onan has reviewed the plans for reconstruction of Central Avenue and understands the original concept has been revised to include curbs and gutters on the east side from 69th Avenue NE, no�th. We further understand that the assessment to Onan will not exceed $11.00 per front foot and see no need for a public hearing on this issue. Sincerely, � �� orwood G. (Woody) Nelson Director Corporate Facilities cc: John Flora Onan Corporation 1400 73rd Aven 14.�6 inneapolis, MN 55432 (612) 574-5000 Communi � . Development D��r.:.::::::.:::::::::::::::.::.::::.::::::::.:::.: Memorandum Date: 9/10/98 To: William W. Bums, City Manager ,� �� From: Barbara Dacy, Community Development Director RE: First Reading of Ordinance Creating Special District for the Onaway Addition and other amendments :::>::>;:>�:>::: �:::<`::<`:>::::::>:: M-192-1998 9/10/98 Commission recommended approval of an ordinance to create a special zoning district ay Addition and to reduce the minimum lot size in the M-2 Heavy Indastrial District s to 62,000 square feet. The attached ordinance reflects the Planning Commission �on and includes the necessary amendments to recodify the code to allow for the new ordinance also rezones the Onaway Addition to the new special district, S-3, Heavy awav Addidon District � the City Council adopt the ordinance for first reading. Second and final reading for the September 28, 1998 Council meeting. 15.01. ORDINANCE NO. AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 205, ENTITLED "ZONII�TG", BY ADDING NEW SECTION 205.25, "S-3, HEAVY INDUSTRIAL, ONAWAY ADDITION DISTRICT"; TO RENUMBER REMAII�TING SECTIONS IN THE ZONING CODE; TO AMEND SECTION 205.18.03.A.; AND TO MAKE A CHANGE IN ZOI�TING DISTRICTS The Council of the City of Fridley does ordain 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 Secrion 205.25, to be enritled, numbered and read as follows: 205.25 S-3 HEAVY INDUSTRIAL, ONANWAY ADDITION DISTRICT 205.2x S-3 ONAWAY ADDITION SPECIAL DISTRICT 1_ TITL This Section shall be referred to as the "Onaway Addition" saecial district. 2. PURPOSE The purpose of this special zoning district is to: � Changg the present "legal. nonconforming use" status of the industrial buildings on lots below 1.5 acres (65.340 s�uare feet) to a"conforming use" status. B. Establish a�pro riate �erformance standards to address the existing conditions of the neighborhood, while �romoting develoament which does not create adverse imFacts to the health. safe�y,, and welfare of the general � area. � Encourage additional eauansion. investment. and industrial development in the Onaway Addition. .� Establish �erformance standards to create attractive frontyards and entrances to industrial properties, and to ap�ropriately screen outdoor storage and loading..�ctivities. � DISTRICT BOUNDARIES The district shall include all lots platted in Blocks 1 through 8. Onaway Addition as recorded at �lnoka County, Minnesota. 4. USES PERMITTED �. Principal Uses. The followin� are princi�al uses in the S-3 District: lf,� Wholesaling, warehousing, manufacturing, construction or service uses which will not be dangerous or otherwise detrimental to �ersons residing or working in the vicinity and will not im.�air the use, or value of anv �ropertv but not including.a�y uses escluded hereinafter. j2� E�uinment assembl�plants. 15.02 � sy cleaning.plants and laundries. j�, Railroad lines snurs,.�assenger and freight depots• 5� Hea ,vy duty rep�ir garages. �, Transformers �urr�ing stations and substations � Repair garages. j$)_ Automobile Service Stations. � Accessory Uses. The fQll4wing are accessorv uses in the S-3 District: �, Retail sales or servicing of Froducts manufactured or warehoused j?.,� Offices associated with the princiAal use. f,�, A dwellingfor a watchnerson su 'ect to the following conditions: (� Any dwelling unit located in an industri�l structure shall not occuov the front half of a ground floor or basement (� A�y dwellin�unit in an industrial building.,ghall not contain more than one (1) bedroom. (� No detached dwellingunit shall be permitted in this district. (�1 A dwelling «nit shall be a part of the pri �al building and shall be orovided with an outside entrance. f� Off'-street parking facilities. 5� Off-street loading facilities. � ,$olar enerQV devices as an integr�part of the �rincipal structure. � Business c;gns for �sec �ermitted. � Uses Permitted With A Special Use Permit The following uses are uses permitted with a Special Use Permit in the S-3 istrict• 1 � i •� :� � t_• � � �, � � i �•� �: • �: �� t: �• � �� r ,� '� � �' •�_ •�i'�_ � i I � !' � � � • , � � r � � i � � � � l i �:1_ � 1• � � t' ,_�' '!_ '��'� �_ �' �' tl t'� � � � ! :I � � � � � �,1 � !1 ' ' I�I ' ! ! ! iI 1 ! � _1� � L.! . � � !' i !.. ! . �1 •}t'I � _!! � .!' � { • { • � I ' � � • � i ! ' � 1 1.' � � � ! � i 1.. I � � / � • � � � � , ! � i 1 � : ' � !1 : � !.' ' i � • � i ' }� � � ' i � � , � ��,�� • ' !� i! !' ' �II' � �f11.1.' - • ! , 1 ! : � • . � � � • i � � � , 1 f � ! : � I ! ' . � � , � • � '� •11'!. �! ti .�� , �. .�. �� /I'� 1, . t' 1! :; 11 . II ' � �. � � . � �• i � _ 1 _ 1�� •� I'� � �• � � j�� • � � a' .! 1 �_� � � •�:� ••� �� III � � . �• �. �� A: �� i { � .! ' iL ! �. .� .��. � � � � I � 1 ' � � � ' : ! � � • ' I � � � � � 1 1,� 1 1' � � I' �,-L' '� 't!'1- la �. � ' !1 .L' � � 1.' � � ! • 1 : � � � � � � : l 15.03 (� Only wall mounted s�ns subject to the limitations of Section 214 of the Ci�y Code, shall be permitted: and �l The buildin�owner andlor agent shall be responsible for informine an�pr�pective tenant that the Sro er is for industrial use. � Commercial retail service uses and Class II restaurants within office and/or industrial buildings including those with drive-through com�onents such as banks cleaners photo shops fast food restaurants and similar uses shall be considered for a special use permit on an individual basis. �rovided that: (�,l The mazimum gross floor area occupied by such uses and other commercial uses, as aermitted by s�ecial use permi , shall not exceed 30 percent of the buildings total floor area with no such individual tenant exceeding 5.000 square feet: � The Farking supaly shall be in compliance with the reauirements of Section 205.18.5. of the Citv code and be sufficient to supnort full occunancy of the buildine. (�1 Onty wall mounted sign. subject to the limitations of Section 214 of the Citv Code, shall be �ermitted: {� The pro�osed use shall only be nermitted when it can be demonstrated that their opgration wilt not ggnerate levets of traffic which reduce "The Ezisting Level of Service". as defined by the Institute of Traffic Engineers, on streets at intersections: (,g) The proposed use. in the oFinion of the Citv Council. shall be com�atible with the area in which it is aronosed to be located: and � The building owner and/or agent shall be responsible for informinQ any FrosFective tenant that the pro er is zoned for industrial use. �41 Commercial recreation uses subject to the conditions outlined in 3b - 3f abovg; mazimum gross floor area for both tenant size and �ercent of total buildingshall be considered on an individual case by case basis. e(�. f. 9001 j$� Wind generators and other tower mounted energy devices. f61 Solar energy devices NOT an integral �art of the �rinci�al structure. � Radio transmitters and microwave towers. �$1 Bulk gasoline and oil stations, ezceat tank farms or oil transoortation terminals �rovided all ap.plicable safetv regulations are in comnliance (91 The issuance of a s�ecial use �ermit shatl be required before any of the followinQ uses shall be estabiished. reconstructed. structurally altered. enlarged or moved. (Ref. Ord. 9951 (� Fat rendering. (� Fertilizer manufacture. 15.04 (� Gas. illuminating or heating. manufacture. (� Glue manufacture. �1�) Railroad yards, roundhouses. railroad repair shoas. switching yards. ni�gvback Yards and rail truck transfer terminal facilities Frovided that no such uses shall be within 1.500 feet of any residential district. (11) Junk yards or the baling of material when totally enclosed within a building structure and the Council a�roves the location proposed. (�) Eaterior storage of materials. e�ui�ment, or motor vehicles. incidental to the princi�al operation of the use. egcgpt under the following conditions: ($g� Rod�9951 u_� � �� -� . � � �� , „ i i: � y (bl Materials, motor vehicles, and ec�tinment are k�pt in a building or are fully screened so as not to be visible from: (j) residential district adjacent to the use, or (iil a residential district across a public ri t-of-way for the use. or (iiil a aublic park adjacent to the use. or jivl a�ublic right-of-way adjacent to the use. �_ • � � �i_ :�� • � �� •� •� y � �• �i ! � � � : � � � : . . � � � � � � . , � � � :�Lxe�(�i��l� (13) Sexually oriented businesses as defined and regutated in Chanter 127 of the FridleX.Ci��Code. Sexually oriented businesses in multi-tenant buildin�s shall meet the standards required for commercial uses as stated in Section 205.18.O1.C. (� ^(Ref. Rod 9661 D. Additional Restrictions. For uses, other than �rinc' al uses, requirements as to lot size, setbacks, building. parking. landsc��g, screening. etc.. shall be at least comRarable to similar uses in other districts. but also subject to additional provisions as �rovided bv the Citv. . �1 � a� �;•� � �� •� � �� r • �• �:•! ��• �� •� � � � _�•� � �• 1 ' :t � ��: !• �:��• �_ � � �'�►:I ' !• t�•� _ � �• �� • i � .i i ' � � � � � �' "�' :' t ' i '= •t � 1. •1 � • � ,l_ � ��• � ►L , 1 _ ' � ' � ' t ' � � : 1 � 1 ' �/� • : � � 15.05 D. Stock yards or slaughter houses. exce�t of poultrv or rabbits. E. Nuclear �rocessing or storage facilities. F. Gas fired foundries. (i. Asbestos manufacturing facilities. H. Trucking Terminals. I. Uses whose grincipal o�eration re$uires the outdoor storage of materials. motor vehicles, or equipment. including the outdoor manipulation of said materials, motor vehicles, or equipment. 6. LOT RFQUIREMENTS AND SETBACKS A. Lot area. A lot area of not less than 10 000 square feet is required for one {�,l main building, B. Lot Width. A lot width of 80 feet is re�uired at the re�uired front setback C. Lot Coverage. �� The masimum percent of the area of a lot allowed to be covered b�the main buildin� and all accessory buildings is as follows: (� One (�) Storv - for er� cent (40%) mazimum: fiftv �ercent (50%1 with a special use aermit as provided in (4) below. �) Two (�� Storv - thir -five percent (35%1 masimum: fortv-five �ercent �45%) with a saecial use Fermit as nrovided in (4) below. (� Three (3) Storv - thir percent (30%) maaimum: fortv percent _140°/a) with a snecial use permit as provided in (4) below. � Four (� Storv - twen -five percent �25%) mazimum thirtv-five aercent (35% with a special use aermit in (41 below. (g) Five (5) Storv - twen �ercent (20%) mazimum: thirtv percent (30%) with a special use permit as orovided in (4� below. (t� Sig (�) Storv - fifteen ern cent (15%) mazimum: twenty-five �ercent (25%, with a snecial use aermit in (4) below. (21 The above lot coverage will be subject to other considerations including parking and oaen s�ce re�uirements use of facilities and nrozimi to other districts, which may decrease the mazimum lot coverage. (31 The lot coverage mav be reduced by the Citv if and when there is nrovision for underground �?�rking within the main structure urovided that the lot coverage shall not be more than fortv �ercent �40%1. 15.06 (4) The lot coverage as stated in (1) above may be increased up to a maximum of ten er� cent (10%) of the lot area uaon obtaining a saecial use permit. In addition to the re�uirements of this Section and the factors identified in Section 205.05.04 to evaluate special use permit requests, the City shall consider the following factors in determining the effect of the increase in lot covera�e• (�) For esisting developed properties. the total amount of esistine hardsurface areas shall be evaluated to determine whether a reduction in the total building and parking coverage can be achieved. (� The �etitioner shall prove that all other ordinance requirements are met. including but nit limited to. parking. storm water management. and landscapine. D. Setbacks. �� : � �� •� t � �� :� � � •� •� � r• !l •� � � �� ,�� • � i � � • � • � ' � ! iL I_ : iI. ! ! � 1 : I .� � • . � � � • � � � � • � � � • � � � i • l! } }! _ 1{ '� _ '� i' � ! � �i'! � � � �• 1• 1. 1 1 1 !_" 1 1' l '! '.f!'! � : !! 1 Il _!! � . �i ' � � � � • � • � • � � 1' ' � t! 1! � � ' � i � � ' i � ' �li " } �i � � � . ! ' ' ! 1. 11_. . � . . � . ! • ! _ � I ' � ! ' 1 � ' � : : ! I 1' 1 1 1. ! 1 1_! '� '� iL l S! .�� , �� •� }_.� ! � �� 1 � � t' 1'.'! � I.r� � 1 1 1 1. �' � 1 �•�• _ j j 1 1 . 1 . '� 1 1 � 1 1 �_ 1 1 : I. � 1 ' � � ' !1 � ' 1 1 1 . { ' : � 1 ' 1 1 jj 1 / 1. ._(' :!1 1.1 �' 1. 1 '1 'r� i: •.�1 1 : �. j. ' 1 _ � _ { 1 1 ' 1 ' 1 . 1 L � • � _ �� 1 ' � � 1 � _ 1 � : ! � � ' 1 I ' 1 .! ' � ' ! 1 i : I. ' ! : 1 �S ' I � 15.07 (� Closer to the boundarv line of any commerciai district than thirtv-five (35) feet. (�) Closer to the boundary line of a residential district than fif�y (�0, feet. ,�e) Where dense. natural vegetation, trees and screening egist. the fiftv (50) foot residential buffer wiil be retained and maintained as estabiished by the Citv. : 1 :__ � 1 ' _ u I � A. Height. Building height shall be a magimum of sis (61 stories not exceeding siz -five (651 feet orovided that no building shall be erected to a height ezceeding for -five (4� feet within fiftv f50) feet of anv R-1 or R-2 residential district unless one l(� additional foot of setback can b�rovided for each one (� foot of building height or gortion thereof exceeding for -five (45) feet. B. Exterior Materials. The tvne of building materials used on exterior walls shall be face brick. natural stone. specifically designed precast concrete factory fabricated and finished metal frame �anelinE. �lass or other material a�aroved by the Citv. ' ��_� �_ � 1�._ ►�1 �•� A. Reduction of Parking. Reduction of garking stails may be allowed when the provision of space re�uired for �ar 'ng stalls due to the oarticular nature of the �r000sed use or other considerations would be an unnecessarv hardship. AdeQuate aen space shall be �rovided to satisfy the total number of required �arking stalls. B. Additional Parking. When the provisions for garking space re�uired for snecific district uses is inade�uate. the City may require that additional off-street parkin� be orovided C. Parking Ratio. (�,1 For office use at least one (1) off-street �arking space shall be arovided for each 250 square feet of oftice s�ace use. (� For retail use at least one (1) off-street a�g space shall be nrovided for each 150 s�uare feet of retail s�tace use. ' (�,) For manufacturing uses at least one (1) off-street �arking s�ace shall be arovided for each 400 s�uare feet of manufacturing s�ace use. 15.08 (� For warehouse and storage use at least one {� off-street parking s�ace shall be Frovided for each 2,000 square feet of s�ace use. (5,1 For speculative buildin� use at least one (l,� off-street parking sFace shall be Frovided for each 500 sguare feet of floor area on lots oL__ more than one and one-half (1-1/2) acres. (¢) For s�eculative building use at least one (11 off-street parking space shall be provided for each 700 s�uare feet of floor area on lots of less than one and one-half (1-1/2) acres. (� The s�eculative ar 'ng ratio will be used for all mixed uses unless the owner agrees to enter into a written agreement. in recordable form with the Citv in which the owner represents to the Ci�y what the ratio of all uses in the building will be upon this hap.pening, the narking ratio for the building will be determined on a Fro-rata basis by the parking ratio per the number of s�uare feet for each tvoe of use which the owner re�resents will be located in the use which the owner represents will be located in the building. After e$ecution_o�. this agreement. anv changes to the specified uses will re$uire a s�ecial use Fermit from the Citv. ($� At least one (� handic�p off-street a� rking soace shall be provided for each fiftv (501 snaces or fraction thereof. 1 1. �� ;., . .� (� Drainage: All driveways and y�arking areas escept those for less than four (4) vehicles. shall be�raded accordin�o a drainage �lan which has been approved bv the Citv. (� Li�hting• A�y IiQhting used to illuminate an off-street parking area shall be shaded or diffused to reflect the lieht away from the adjoining��pg�y and traffic (i,� Curbing;, The entire perimeter of all Farking areas in escess of four (4) stalls. access drivew�y_�truck loading„�naces or other hard surface areas that handle motor vehicle trafFc shall be curbed with a poured sig (¢l inch high concrete curb and gutter. � Curbing shall be reauired around safetv islands l� � ,t+ :�� s� �:i� ,��•� �, �• � •� , �� {c� Construction shall be in accordance with curbing snecifications on tile at the Citv. � �• � ,�: •�,� � ,, 15.09 ' (�L Where the par ' lot directly 9hntc a ci�ewalk which is sufficientl�higher than the g*adp �f thP narking lot and satisfies the curbing requirements. (� Where the Citv has a�proved future ezpansion �41 Driveway Re�uirements. ,,.(al A maximum driveway width of thirtv-two (321 feet at the curb ooening, egcluding the entrance radii can be constructed �bl The an rking aisle shall be a minimum of twentv-five (251 feet in width for two-way�raffic and eighteen (�$) feet in width for one- way traffic. (�1 The e�ge of the curb opgc�i,�g �halt nnt hp r��cer tn the nearest portion of a street right-of-way intersection than seventv-five (751 feet or two-thirds (�) nf the lot width. whichever is smaller. (� Where a"T" intersection exists, a drive may be located opposite the end of the intercepted street. {g� The minimum drivewav an¢le to the street shall be siztv�601 degrees. (5� All garkine and hard surface areas shall be: (� No closer than twentv (�4L�'eet from any street rjght-of-wav. (bl No closer than five (5) feet from any side lot line. ezceut for a common drive �pnroved by the adjoining �ropertv ov�ners and the Citv. �cl No closer than five (,�5 feet form anysear lot line unless adja nt o an a11eX, then the setback shall be zero (0) feet. � � � • �> � �� _• u: � � � �, � Curbed with minimum driveway access radii of ten �101 feet to match the egisting street curb. (C,) Loading Docks• (al Outside loadipg docks are to be located in the rear vard or side vard and be properly scree (�, The s�ace needed for the loadi�►g docks must be adeauate to handle the loadigg and unloadiqg needs without obstructin� the nublic right-of-way. (� Off street oarki�g shall be grovided for all vehicles concerned with any use on the lot. 15.10 ($� Parking lots with more than four (� narking,fnaces shall be stri�ed (� Sufficient concrete area may be required for motorcycle �rking in addition to the required vehicle aarking stalls. (�Ol Bike racks may be reauired by the Ci in an area that is convenient to each major building entrance and will not disruat pedestrian or vehicular fic or fire lanes. (11) Safety sig�s markings and traffic control devices mav be required to promote vehicular and pedestrian safetv {�21 Parkine stalls may be nine (Q� feet in width for manufacturing uses. warehouses and storage uses sneculative industrial buildings, and p 'ng lots for long term em�loyge �arking. (Ref. Ord. 952. 9601 9. I,�NDSC�PE REQUIREMENTS A. Scope. All o�en areas of any site exce�t for areas used for parking, driveways. or storage shall be landsc�gd and incoraorated in a landscape �lan (� .All new developments requiring a building�ermit shall comnjy with the re�uirements of this section. �2) Esisting develooments shall comnlv with the re�uirements of this section if one or more of the following apalies: (� At the time of a building eApansinn �r alterahon which dictates the necessitv for additional r'ng or hardsurface areas in escess of four (4) stalls. (� Building alterations which dictate a change in use such that the .�arkingarea must be eaFanded in excess of four (41 stalls. (� Construction of additional loading ocks. (� Construction of new �arking areas ineacess of four f41 stalls. (�) If full com�liance cannot be achieved due to site constraints. Fartial comnliance as determined by th ' shall be enforced. (4� The re�uirements of this section shall not be req3iired for building alterations which do not affect the exterior Fortions of the site. B. Bonding Requirement The City shall retain a�erformance bond cash or letter of credit, as re�uired in Section 205 OS 06 A(� of the zoning code for one growing season after the installation of landsc�e materials is completed. C. Plan Submission and A rnu oval• 15.11 (� A landsca�e plan shall be submitted to and a�proved by the Citv nrior to issuance of a building,permit or �rior to a�proval of outside imorovements not related to buildinQ imnrovements A plan shall not be required for routine rg�lacement of ezisting materials or the installation of new materials when not associated with a building project (2) The following items shall a��ear in the landscaoe olan: (a) General j(111 Name and address of owner/develooer (,(_211 Name and address of architect/designer ((�11 Date of nlan pre�aration (�411 Dates and descrintion of all revisions ((511 Name of project or development ((611 Scale of �lan (engineering scale onlv) at no smaller than 1 inch equals 50 feet �(711 North aoint indication (� Landsca�g Data �(1)1 Planting schedule (table) containing• ((a)) Sy,mbols (jb)) Ouantities ((c)) Common names (�d)1 Botanical names ((gll Sizes of plant materials at time of olantinE �,(fll Root sgecification B.R.. B& B, notted. etc.l {(gl) Snecial �anting instructions ((211 Ezisting tree and shrubber�+ locations common names and agFroximate size. ((�11 Planting detail (show all s�ecies tQ scale at normal mature crown diameter or spread for local hardiness zonel ((411 '�ypical sections in detail of fences, tie walls planter boges tot lots uicnic areas berms and other similar features (.(�11 �,y�ical sections of landscaae islands and nlanter beds with identification of materials used. �(611 Details o[„planting beds and foundation a antings j(7)1 Note indicating how disturbed soil areas will be restored throu�h the use of sodding seedi g or other techniaues. 15.12 1' �• �� i �� t i��•� . � •�•� . :L � � � � �•� � �_ .�� i�• t � �� ((91) Coverage nlan for under�round irrigation system. if anys ((10� Statement of sxmbols. to describe exterior lighting plan conceot. (�� S�ecial Conditions: Where landsca�e or man-made materials are used to provide required screening from adjacent and neighboring�roperties, a cross-section shall be provided through the site and adjacent aro�erties to show pro�er elevation, eaisting buildings and screening in scale. D. Landscaping Materials: Definitions. All,plant materials shall be living.,plants. Artificial plants are prohibited. U Grass and ground cover. '(� Ground cover shall be planted in such a manner as t�present a finished a�pearance and reasonabl�comalete coverage within twelve (12) months after plantin�, with pro�gr erosion control during�lant establishment ,Qeriod. Eacgption to this is undisturbed areas containing natural vegetation which can be maintained free of for�ign and noaious materials. (�t,l Accgpted ground covers are sod. seed, or other organic material. The use of rock and bark mulch shall be limited to areas around other vegetation (i.e. shrubs) and shall be contained b�edQing. (2) Trees. (� Over-storv Deciduous. � :�� , :, , , ��. _ � �:� � � i , �� . � , �, _� , _� �� _� �_�� :�� . �� i � � _��-_ ((�) Such trees shall have a 2%: inch cal�per minimum at planting. � � .��•� . : , � � � � , � : � � : �� _ _ s � : � 'if1'��Kil]i • ' ! :� � : �. _�� •� � �� _�� :�� : !• �•� �� i : � �-= �211 Such trees shall have a 1%Z inch cali�er minimum at alanting. (c) Coniferous. (�,�)) A woody�lant. which a maturitv is at least thirtv (311 feet or more in height. with a single trunk fully branched to the ground, having folia�e on the outermost aortion of the branches vear-round, 15.13 u211 Such trees shall be six f� feet in height at planting (31 Shrubs. �) Deciduous or eve�green �lant material, which at maturitv is fifteen (151 feet in height or less Such materials mav be used for the formation of hedge� Such materials shall meet the following minimum standards at time of plantin�• ((111 Dwarf deciduous shrubs shall be eighteen (181 inches tall ((211 Deciduous shrubs shall be twent�four (24) inches tall except as in Section D below. ((�,1 Eve�green shrubs shall be of the eighteen (�8) inch classification � Vines. Vines shall be at least twelve (12�inches igl��.planting are generally used in con�unction with walls or fences (5) Slo�es and Berms. (� Final slope grades steener than 3•1 will not be permitted without snecial a�roval or treatment such as terracing or retaining walls � Earth berm screening�arkin� lots and other o�en areas shall not have slo�es ezceedin� 3•1 A minimum three (3� foot berm is reQuired E Perimeter Landsca�ing• Standards (� In order to achieve landsca�ing which is appro�riate in scale with the size of a building and site. the minimum standards annlv: � One (,� tree for everv one thousand (1.000) square feet of total building floor area or one (� tree for every��(50) feet of site �erimeter whichever is greater. A minimum of thirtv (30�percent of the trees re�uired will be coniferous. (� Twq�21 ornamental trees can be substituted for everv one (1) over- story deciduous shade tree In no case shall ornamental trees egceed fiftv (501 nercent of the required number of trees. (� Parking and driving areas between the building and frontage street shall be screened in the following manner• (�11 A continuos mass of nlant materials• minimum of three f31 feet in height at time of planting: or ((211 A continuos earth berm with slo�es no greater than 3•1 and a minimum of three (3) feet in height: or 15.14 (,(311 A combination of earth berms and nlant materials such _ that a minimum of three (3) feet of continuos screening is achieved. F. Interior Parking Lot Landscaping Standards (1) All arking areas containing over one hundred (100� stalls shall include un�aved, landscaped islands that are reasonably distributed throughout the parking area to break up the ex�anses of �aved areas. Landscaned islands shall be provided every�wo hundred fiftv (250) feet or more of uninterrunted parking ts alls• (2) All landscaped islands shall contain a minimum of one hundred eightv (180� square feet with a minimum width of five (�5,) feet and shall be �rovided with deciduous shade trees, or ornamenta�, or evergreen tree�, glus ground cover, mulch, and/or shrubbery. in addition to the minimum landsca�e re�uirements ot' this ordinance. Parking area landsca�ing shall be contained in alanting beds bordered by a sis (�� inch raised concrete curb. (3) Trees shall be �rovided at the rate of one tree for each fifteen (151 surface �,arking snaces �rovided or a fraction thereof. �. Screening and Buffering Standards (�,), Where the aarcel abuts park or residentially zoned aroaer . there shall be provided a landscaoed buffer which shall be constructed in the followin� manner• (a) A screenin�fence or wall shall be constructed within a five (5,,) foot strip along the groperty line (� abutting the nark or residentially ___ zoned proper . Said fence or wall shall be constructed of attractive,,.permanent finished materials. compatible with those used in the arincipal structure and shall be a minimum of sia (¢1 feet high and a mazimum of eight ($� feet high. Chain link fences shall have non-wooden slates when used for screening„pu�poses: or (b) A planting screen shall be constructed in a fifteen (151 foot strin and shall consist of healthy, ful�,y hardy �lant materials and shall be designed to Frovide a minimum year-around oaaQueness of eigh�(801 uercent at the time of maturity. The plant material shall be of sufficient height to achieve the required screening. Planting screens shall be maintained in a neat and healthful eondition. Dead vegetation shall be promntiv replaced. (c� If the existing tonographv. natural growth of vegetation. �ermanent buildings or other barriers meet the standards for screening as aparoved by the i, thev mav be substituted for all or nart of the screening fence or planting screen. �) All loading docks must be located in the rear or side yards and be screened with a six (¢� foot high minimum solid screening fence if visible from a ublic right-of-way or if within thirtv (30) feet of a residential district. 15.15 (� All externat loading and service areas accessory to buildings shall be comaletely screened from the ground level view from contiguous residential �roperties and adjacent streets. escent at access �oints. H. Credit for Large Trees The total number of required over-story trees may be reduced by one-half (1/21 tree for each new deciduous tree measuring three (3) inches or more in diameter. or each new coniferous tree measuring eight (81 feet or more in height. In no event. however, shall the reduction be greater than twentv-five (25) �ercent of the total number of trees required. I. Credit for Ezisting Trees The total number of required new over-storv trees may be reduced by the retention of existing over-story trees arovided that the following conditions are satisfied: (1� Such trees are four (4) inches or greater in caliaer measured sis (6) inches from soil level. (2) For each esisting tree meeting the reauirement. two trees as re�uired in section D above mav be deleted. (�) Pro e�r precautions to Frotect trees during development shall be indicated on grading�lans submitted for plan review. Such precautions are outlined in section J. These precautions shail be included in the landscape suretv. J. Irrigation. Underground irrigation shall be required to maintain all landscaped. boulevard. front and side vard areas. �f'i��ll� (1) The followin�standards shall be met when installing the required landscaaing• (� Plant materials shall be located to provide reasonable access to all utilities. (� All re�uired screening or buffering shall be located on the lot occupied bv the use. building. facili or structures to be screened. No screening or buffering shall be located in any ublic right-of- wav. (� Sodded areas on slo�es shall be staked. (�1� Seeded areas shall be mulched with straw to prevent erosion. Hydro mulching is acce tn able• (g� Oak trees shall be surrounded by�now fence or other means at their dri� line to �revent comnaction of their root svstems. 15.16 (�j Plantings shall not be nlaced so as to obstruct lines of sight at street corners and driveways. (gJ No Flant materials reaching a mature height of twentv (20 feet or more shall be planted within a twenty-five (,'�) foot lineal path of the centerline of an overhead �ower line. (2) the applicant shall install all landscape materials within one year: but shall have three (� vears within which to install the reQnired landscaping if the following minimum standards are met: �s ., ��, . ., , �� ,� �► ,. ., ., ,� .�� , ., � � � �, �, . �, � „, �, , �, ((4)� Screenin� for adjacent residential areas is installed. if required. •�� y �• � �• •� •� � � • � •! ,� .�� ,. .� �i�� i�� F1T � �, i �� (b) Second year �i�: �� i• �� • � ,�� ., ,� , �� f,�211 Interior landscaping is instalted. ((�)) Fiftv f50�ercent of the remaining required over-story trees are installed. � � � �:� : , � � : : � , . , , � ;F1ll�i��1lC� ,�. � • � � � • � � i ! ' ! _ � • � � ! � • � • � . � N ' � � � � . � � . � � _ ! l � , 1 � � � � : t t : 1 li _ • 1 � .I1. _. � ' � � • � . • � l � 1 � t '. � � i1! ' !. � . S , 1 � R. iL� ' { 1 � : � � .! . � !I !.' � � 1 ' ' � SL � 1 � • f . . t fl _ � : �' � ' . � 1_: !4 : 1. _ ! 1 ' } . : 1 1.: ! !{ , ' : I 1 , �' � � �• � � � � �• • i L" � � � �• • � . • i �. . 1 � ' � � ' 1 ! � ! : 1.' 1 _ 11. �' � 1 , J. }! : . � . '! '! I II L' !I l 1! _!! 1: '� • � � ! � } � }' � ' � . (_� �•. 1 �. I ll a. (2) Screen fences and walls which are in disrenair shall be repaired. 15.17 j� All vacant lots, tracts, or �arcels shall be properly maintained in an orderl� manner free of litter and junk. (Ref. Ord. 960) 10. PERFORAMCE STANDARDS A. Parking Facilities. All drivew�s, �arking areas and loading docks shall be surfaced with blackto�. concrete or other hard surface material approved by the Citv. B. Exterior Stora�e. The exterior storage of materials. motor vehicles, and eQuiament shall comply with Section 20518.O1.C. (111. (Ref. Ord. 9951 C. Refuse. All waste materials. refuse o�garbage shall be contained in closed containers as required under the Chapter entitled "Waste DisFosal" of the Fridley Citv Code. D. Screening, (�1 Screening of off-street an rking shall be re�uired for: (� Any off-street aarking area visible from a�ublic right-of-wav. (� A�►y driveway to a parking area adjoining a�ublic right-of-way. (� Where any industrial district is adjacent to a gublic right-of-wav or across from any residential district. the following r�e uirements must be met: (�� There shall be a five (5) foot sidewalk easement provided along the aro�er line. Council maXallow the a�alicant to delay the installation of the sidewalk. if the aF�licant signs an agreement that it will be constructed when the Citv requires the installation. (t�) There shall be a fifteen (15) foot planting strip located behind the re�ired sidewalk, that is substantial enough to create a�hysical se�aration between the public right-of-way and the industrial �ro�ertv. (�) All trash or garbage storage receptacles must be located in the rear or side yard and be totally screened from view from any �ublic right-of-wa,y. Provisions must be taken to nrotect screening from vehicle dama�e. (4) All raw materials. supnlies, fnished or semi-finished �roducts and e�uipment, not including motor vehicles. shall be stored within an enclosed building or be screened on all sides from view from a Fublic right-of-way or an adioining..pro�er of a different district by a fence or other a�proved screen which extends two (2� feet above the highest item to be stored with 15.18 the height not to egceed eight ($) feet ezceDt where materials and eauinment are bein�used for construction on premises. SECTION 2. That Chapter 205 of the Code of Ordinances of the City of Fridley, Minnesota, be, and hereby is, further amended as follows: 205.06 ESTABLISHMENT OF DISTRICTS For the purpose of this Chapter the following districts are hereby established within the City of Fridley: S-3 Heaw Industrial, Onaway Addirion District ...................................................205.25 O-1 — _Qverlak ..............................................................................................205.26 O-1 Creek and river Preservation .....................................................................205.27 O-2 Crirical Area ........................................................................................205.28 O-4 Wetland .............................................................................................205.29 O-5 Telecommunications Towers and Faciliries District ..........................................205.30 205.18 M-2 HEAVY INDUSTRIAL DISTRICT REGULATIONS 3. LOT REQUIREMENTS AND SETBACKS A. Lot Area. A lot area of not less than 62.000 s�uare feet is required for one (1) main building. SECTION 3. Appendix D of the City Code of Fridley is amended hereinafter indicated. SECTION 4. The tract or area within the County of Anoka and the City of Fridley and described as: All lots in Blocks 1 through 8 inclusive as recorded in the Onaway Addition, as recorded at the office of the Anoka County, Minnesota SECTION 5. That the Zoning Administrator is directed to change the offcial zoning map to show said h�act or area to be rezoned from M-2, Heavy Industrial to S-3, Heavy Industrial Onaway Addition Dish-ict PASSED AND ADOPTED BY THE CITY COLTNCIL OF THE CITY OF FRIDLEY THIS_OF _, 1998. ATTEST: DEBRA SKOGEN - CITY CLERK 15.19 NANCY J. JORGENSON - MAYOR MEMORANDUM PLANNING DIVISION DATE: September 10, 1998 TO: William W. Burns, City Manager�,�� FROM: Barbara Dacy, Community Development Director Scott J. Hickok, Planning Coordinator SUBJECT: Rezoning of Property Owned By Roslyn Park Wesleyan Church from R-2 to R-3 On September 2, 1998, The Planning Commission considered a rezoning request by Gary Brewster, Roslyn Park Wesleyan Church. The purpose of their rezoning request is to allow all of the Church property to be zoned consistently, Currently, half of the church property is zoned R-2, while the other half is R-3. PLANNING COMMISSION RECOMMENDATION The Planning Commission recommended approval of zoning request ZOA #98-02, with no stipulations. RECOMMENDED ACTION Concur with the Planning Commissions recommendation and approve the first reading of the attached ordinance. 16.01 ORDINANCE NO. ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS The Council of the City of Fridley does ordain as follows: SECTION 1. Appendix D of the City Code of Fridley is amended hereinafter indicated. SECTION 2. The tract or area within the County of Anoka and the City of Fridley and described as: Lots 11, 12, 13, 14, and15, Block 15, Hamilton's Addition to Mechanicsville, as recorded at the office of the Anoka County Recorder, generally located at the northwest corner of 53'� Avenue NE and 6�' Street. SECTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or area to be rezoned from Zoned District R-2, Two Family Dwelling to R-3, General Multiple Family Dwelling. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS OF , 1998. ATTEST: NANCY J. JORGENSON - MAYOR DEBRA A.SKOGEN - CITY CLERK Public Hearing: September 14, 1998 First Reading: September 14, 1998 Second Reading: September 28, 1998 Publication: October 8, 1998 16.02 c�� DESCRIPTION OF REQUEST Gary Brewster, Roslyn Park Wesleyan Church originally requested an alley vacation for the entire alley from 53rd Ave. N.E. to 54� Ave. N.E. Mr. Brewster was not successful in presenting a 100% petition from the residents to the north. A revised plan was then presented by the Church requesting a vacation of only that portion of the alley that bisects the Church property. The revised request includes a commitment to providing an improved access alternative for those neighbors still desiring to use the alley. SUMMARY OF ISSUES: The access alternative will create a hard-surfaced drive into that alley and is consistent with other City efforts to provide hard-surfaced driveways and eliminate erosion and other negative side effects of unimproved drive surfaces. Once the alley is vacated, the church will resume their master planning efforts for future church expansion. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommended approval of the modified vacation request with stipulations (see report). RECOMMENDED ACTION: � Staff recommends that the City Council concur with the Planning Commissiori s recommendation and adopt the attached resolution. 17.01 Staff Report SAV #98-02, 5300 6`� Street NE Page 2 Petition For: The petitioner has also requested an alley vacation. Currently, an alley exists which bisects the church property into east and west segments. A residential neighborhood exists north of the Church. The petitioner was not successful in presenting a 100% petition from the residents to the north. Location of Properiy: Legal Descript. of Property: Lot Size: 5315 5� Street N.E. and 5300 6th Street N.E. Lots 11-21, Block 15, Hamiltori s Addition to Mechanicsville 60,131.2 s.f.,1.38 acres Topography: Relatively flat Existing Vegetation: Existing Zoning/ Platting: Availability of Municipal Utilities: Vehicular Access: Pedestrian Access: Urban Landscape R-3, General Multiple Unit / R-2, Two Family Unit Utilities available 53rd Avenue N.E. and 6�' Street. NA Engineering Issues: A U.G. Amoco Pipeline easement exist on site, adjacent to 53rd Avenue N.E. A new easement will also be required to allow access to overhead electrical and cable lines that are located in, and accessible through the alley. Comprehensive Planning Issues: The zoning and use of this land are consistent with the Comprehensive Plan. 17�02 Staff Report SAV #98-02, 5300 6`� Street NE Page 3 Public Hearing Comments: Site Planning Issues: To be taken NORTH: Zoning: R-1, Single Family R-2, Two Family EAST: Zoning: R-2, Two Family ADJACENT SITES Land Use: 1 and 2 Family Residential Land Use: 1 and 2 Family Residential SOUTH: Zoning: City of Columbia Heights Land Use: Residential (single and multiple) WEST: Zoning: R-3, Multi-Family Residential Land Use: Residential, Primarily Single Family DEVELOPMENT SITE REQUEST Gary Brewster, Roslyn Park Wesleyan Church is requesting an alley vacation. Currently, an alley exists which bisects the church property into east and west segments. A residential neighborhood exists north of the Church. Mr. Brewster was not successful in presenting a 100% petition from the residents to the north. All parties sharing an interest in the alley welcome the idea of the alley vacation. Many property owners north of the church have begun to utilize the alley area as if it were vacated by placing fences in the alley. The Church has long range plans for expansion and would prefer to rezone the property now to facilitate their plans. SITE DESCRIPTION/HISTORY Hamiltori s Addition to Mechanicsville was platted in 1886 On August 7,1956 a building permit was issued to construct the Roslyn Park Church. On March 15,1965 a building permit was issued to create the Parsonage. The parsonage is on a parcel that is zoned R-3. The Church is on a parcel that is zoned R-2. As a result, the petitioner has requested a rezoning of the R-2 property to R-3. Both districts allow churches as a special use. The language regarding churches is identical in the two districts. However, staff has taken the same approach to analyzing this request as if another R-3, Residential use were being considered. 17303 Staff Report SAV #98-02, 5300 6`� Street NE Page 4 VACATION OF ALLEY The City Council requires that a request to vacate an alley be accompanied by a 100% petition of support by the neighboring property owners. This request for a vacation was not accompanied with a petition that complies with the City's requirement. The vacation process had begun with the belief that a 100% was included. The Church did not misrepresent this fact, they said that one owner had been impossible to reach, and staff later received numerous duplicate petition forms, and believed that every signature (including the missing signature) at that point had been submitted. A closer analysis revealed that this is not the case. All utilities in this area have been notified of the request to vacate the Alley. Amoco has responded that they do not object to the vacation; however, an easement will be required from the church to replace the City easement document for the short stretch where the pipe crossed the alley, near the 53rd Avenue right-of-way. The church has worked with an adjacent neighbor to allow a replacement access drive to their garage. The Walker property at 5329 5th Street NE takes access from the alley to their garage. The petitioner has arranged for an alternative access arrangement for that home owner. An easement memorializing this agreement will be required to be filed at Anoka County, along with an alternative access easement for access to the utilities in the alley. UPDATE FROM THE AUGUST 19,1998 MEETING On August 19, 1998, the Planning Commission heard negative comments from 2 neighbors to the north. Each neighbor inc�icated that they did not want the alley to be vacated because they still depend on the alley for access. Mr. Stimack, 53315th Street N.E. indicated that he had been the "forgotten" property owner in this issue. Mr. Stimach indicated that though he had signed the petition for vacation, he was now not interested in supporting the request. Mr. Stimach had a curb cut and driveway installed in 1997, as part of the City of Fridley Driveway Program. Prior to that driveway installation, Mr. Stimach's access was the alley only. When Mr. Stimach installed his driveway, Shirley Barton co-owner of the property indicated to the City that their plan was to either rebuild, or rework the garage so access would be from 5� Street. She also indicated that eventually their plan is to build a new house on the property. A very similar series of event happened earlier on Third Street. Margarit Reed installed a driveway as part of the City program. Once the new curb-cut and driveway were installed, Ms. Reed petitioned for the alley to be vacated. Seeing Mr. Stimach's signature lead staff to believe his support of an alley vacation was intact. The disposition of the Walker property at 5329 5� Street was known to staff. Gary Brewster had agreed to conditions with the Walker's to allow alternative access across the church property. 17,�4 Staff Report SAV #98-02, 5300 6�' Street NE Page 5 Another unknown that was revealed at the Planning Commission was the fact that Jesse Sellards, who owns 5367 5� Street, was not interested in the vacation because his tenants have garbage collection from the alley. The petitioners had indicated that the owner of 5367 5� had been notified about the vacation, several attempts had been made to get his signature and'that they were awaiting his response. Numerous attempts resulted in no response from Mr. Sellard's. Staff did believe, however, that when the numerous duplicate pages of final signatures were submitted, that property was represented by a signature. Obviously, that was not the case. As a result of the revelations at the August 19,1998, Planning Commission Meeting, staff, met with Church representatives and Shirley Barton. The purpose was to understand the individual positions better. It appeared from the discussion with Ms. Barton that she and Mr. Stimach would entertain the idea of a reconstructed garage door (allowing 5� Street Access), relocated shed, and modified asphalt pad for garage access. The Church offered a solution that would provide continued access for the 3 property owners. In their proposal the Church asks for a"variance" to the Code Section that requires a 100% petition. In exchange, the church has offered to provide a paved driveway as an alternative access for those still depending in the alley. Variances to Chapter 205 typically relate to performance standards (i.e. setbacks, height, lot coverage, etc.) The 100% support petition language does not fit that classification. Therefore, the Commission and Council are being asked to decide, short of a 100% petition, are there, concessions that they would accept in exchange for allowing the Church portion of the alley to be vacated. Attached, on page 4, of Gary Brewster's, September 2, 19981etter, is a list of such concessions the church is willing to provide. From the City' perspective, what would the benefit of vacating the portion of the alley that dissects the church property be? The most apparent improvement is that like unimproved driveways the alley is an unimproved surface that allows silt and erosion to enter the streets and storm sewers. The church master plan will include the re-grading of the alley and the establishment of new hard- surfaced areas and landscaped surfaces that will control the quality of the run-off. An additional benefit is that the homeowners to the north would have an improved surface to access their alley . This surface would be installed and maintained by the Church. PLANNING COMMISSION RECOMMENDATION The Planning Commission recommended approval of vacation request SAV #98, with the following stipulations: 1. The petitioners record an� easement to allow garage access for the homeowners at 5329 5� Street NE., 5331 5th Street NE, and 5367 5� Street NE. and any other property owner north 17�5 Staff Report SAV #98-02, 5300 6�' Street NE Page 6 who may require alley access. 2. The petitioners record an easement over the alley to allow access to the utilities. 3. The petitioners shall record a new easement to allow a utility access alternative prior to issuance of the proposed church expansion on the west end of the existing church structure. 4. The petitioners shall apply for and receive a special use permit prior to expansion of their church facility. 5. The petitioner shall record an easement to provide Amoco continued rights across the former alley. 6. The petitioner shall provide the improved asphalt or concrete access to 5� Street in accordance with a plan to be submitted and approved by the City prior to installation. 7. The petitioner shall not alter the alley across their property, or in anyway limit access by the adjacent property owners, until the new access has been completed. 8. The petitioner shall hold harmless the City from any damage or injury that occurs on or over the alley area in the interim, or beyond the vacation approval and completion of the drive access alternative for the residents still wishing to utilize the alley north of the church property. 9. The petitioner shall provide reasonable seasonal maintenance as necessary to assure access to and from the non-vacated portion of the alley. RECOMMENDED ACTION: Staff recommends that the City Council Concur with the Planning Commissiori s Recommendation 178os RESOLUTION NO. -1998 A RESOLUTION APPROVING A VACATION, SAV # 98-02, GENERALLY LOCATED AT 5300 6T" STREET WHEREAS, The Planning Commission held a public hearing on the vacation, SAV #98-02, On August 19, 1998, and September 2, 1998, and recommended approval to vacate: The alley legally described as: All that part of the alley adjacent to Lots 11,12,13,14,15,16,17,18,19, and 20, Block 15, Hamilton's Addition to Mechanicsville , Anoka County, Minnesota. WHEREAS, The City Council at their September 14, 1998 meeting approved the vacation request at the same meeting, with stipulations attached as Exhibit A; and WHEREAS, the vacation has been made in conformance with Minnesota State t t t and pursuant to Section 12.07 of the City Charter and Chapter 205 of the Fridley City Code. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley hereby approves the vacation, SAV #98-02, and authorizes the City Clerk to amend Appendix C of the City Code. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 14th DAY OF SEPTEMBER, 1998. Attest: DEBRA A. SKOGEN - CITY CLERK 17.07 NANCY J. JORGENSON - MAYOR EXHIBIT A 1. The petitioners record an easement to allow garage access for the homeowners at 5329 5� Street NE., 5331 5th Street NE, and 5367 5� Street NE. and any other property owner north who may require alley access. 2. The petitioners record an easement over the alley to allow access to the utilities. 3. The petitioners shall record a new easement to allow a utility access alternative prior to issuance of the proposed church expansion on the west end of the existing church structure. 4. The petitioners shall apply for and receive a special use permit prior to expansion of their church facility. 5. The petitioner shall record an easement to provide Amoco continued rights across the former alley. 6. The petitioner shall provide the improved asphalt or concrete access to 5� Street in accordance with a plan to be submitted and approved by the City prior to installation. 7. The petitioner shall not alter the alley across their property, or in anyway limit access by the adjacent property owners, until the new access has been completed. 8. The petitioner shall hold harmless the City from any damage or injury that occurs on or over the alley area in the interim, or beyond the vacation approval and completion of the drive access alternative for the residents still wishing to utilize the alley north of the church property. 9. The petitioner shall provide reasonable seasonal maintenance as necessary to assure access to and from the non-vacated portion of the alley. 10. The petitioner shall receive approval for the turning radius which is to be adequate to handle emergency vehicles. 11. The alley shall be sufficiently labelled to prevent the entrance from being blocked. 17.08 September 2, 1993 City Planning Cocnlnission Fridtey Municipai Center I'ridley, Mirulesota Re: Petitions from Roslyn Park Wesleyan Church 1) To chai��c typc of zoning for a portion of our church property. 2) T'o request a variance for vacatin; ail alley. To the City Plauner, Scolt Hickok and his staff, and to the City Planning Comrnission, we cxpress our thanks for the open door to present our petitions in a revised form. Positional Statements l. Petition to ch�nge�y�� of zoning A. Relatecl to i•e-�oning: We would request that our petition to change lots 16-21 frotn R-2 to ai� R-3 status be received as originally presented. Li view of whatever else may be authorized by the City for our property improvemcnts, the change in zoning would at (east be resolved and p(ace all oFour property in a consistant status. We request that this petition bc treatecl as a single pelition. Petition to vacatc an allcv A. Reln[ed to ti•�catitig tlle entire a!ley: We bclieve that if the alley were continuous, or provided access and egress as a through alley between 54th and 53rd Avenues, and that all landowners had equal or simi(ar access, then the City policy for vacating an alley would undcrsta��dably bc l�elpfiil and 100% of the landowncr's signatures would be requircd to vacatc such a(lcy. We would request that the City oPPridley consider a variance to vacating an alley dlat has not been devcloped to through traffic; has not been maintained by the City for the section of allcy that is opcn to traffic; and has not bccn i�nprovcd by thc City to reduce crosion of soil into thc cui•rcnt drainagc systems. Tlierefore, we propose that only tlie portion of alley that dissects the church properties be vacatcd. Bascd on t(�e data that prescnts itself, we havc prepared information and cec�ucst that this information be placed into consideration. B. Homeotivne�• crccess needs: (Alt three of the landowners mentioned here are located on thc wcst side of tlie alley). (Lols 2� c� 25) We have hoineowners at 5331 Sth St. with specific access needs to their hoine and garage eutrance, that require the present alley space as a turn arowld area. To vacate the section of a(ley adjoining thcir property puts their access in jeopardy. 17.09 � p.2 Casc in point: By vacating this portion of the alley, it wou(d then pennit owners across the a(Iey the opportunity to reclaim one-ha(f of the vacated alley, which would then block tl�e needed access to the garage. Other variances/ easemcnts would then be needed with nei�hbor to neighbor, Uut it is not our (Church) intent to pressurc those arrangements. (Lots 22 & 23) We have another homeowner at 5329 Sth St. with specific need to access their aarage from the alley. For the same reasons as stated above, to vacate their section of alley puts their access i�l jcopardy. However, this access can be accommodated by the church providing an access - easement driveway froni ttie church property. (Lots 26 & 27) We have another homeowner at 5367 Sth St. who also utilizes the alley, not for access to home or garage, but for the services of garbage pick-up and maintenance access to the back side of tl�eir rcntal duplex. C. Naz churcl: por[ion of the alley: By leaving ttie non-church portion of the alley in its present statc of location; by leaving the easement agreements between the City and the utility companics; and by lcaving all other boundary easements/ arrangements as they are, we believe it is botl� prudent and cost effective to a(1 otlier owners on the block. Aaai�i, WC �C�IUCCIl� CIO llOt i11fCI1CI CO 1t11�)OSC flriallCl�I vUC(IGil Ot CBSCIl1811t CI1SpgES lri ordcr to accommodatc our building and property improvements. D. f3asis of our proposal: We have been advised by City Planners and by our Engi�leers to prepare a Master Plau for the existing church properties. We have sought their counsel regarding drai►ia�c requirements, ponding, eascinents and other City codes. - Ouc proposal iiow includes a requcst to vacate only the portion of alley that dissects the cilurclt properties, which includes five (5) lots, 11 - 15 on tlic east side of die alley and fivc (5) lots, 16 -20 on the west side of the altey. This request relates to the first phase of propcity improvements we are prescnting to the City of Fridley. Rcqucst for Variancc Our reqtcest to tl:e City is for a variance to tlze alley vacation process. Since the alley is o��ly a pa,•cial alley, is zrn-mnintained and l�as not been improved by the City, and does not serve as an access - egress jor a!! of the landowners on tlie block, we ask jor a vcrriance based on tlze jolloiving: 1. The City of Fridley has not developed the alley as a through access - egress. ** Even thougli the alley area has been desi�natcd, it h�s not been developed. ** A curb cut or approach has not been provided onto the 54th Ave. positon for such. (According to suiveyor's mappiiig). We have access - egress only from 53rd Ave. ** Tlic area that has been open to traffic has �iot Ueen maintained or improved by the City. ** Two property owners at the north end now assume responsibility to mow the grass as an extension of their back yards. 17.10 p.3 2. ** Thc City of Fridley has not maintained or provided improvements to the portion of alley that is open to traffic. This portion serves two property owners with access to thcir homcs and garagcs...thcsc bcin� t�iorc to thc middlc of thc b(ock. The two homcowners who benefit iuost from the ailey have personally paid for rock llld �ravel fill, in an attempt to slo�v do�r•n erosion of alley sand. The primary cost has been incurred by Ntr. Tom Stimack at 5331 Sth St, who has also provided his labor and persoilal expense foc suo�v removal. 3. ** Thc City may not be a�vare of the amount of soil erosion that has occurred and continues to occur. Our topography map indicates that the alley has been cut away betwcen 2-3 Eeet lower than the side banks and continues to erode quickly from snow and rain run-off into thc Cily drainage systems located on 53rd Ave. The length of this erosion drainage spans ten (10) lots or an approYiinate area of 4,000 square feet. (400' in lcngth and average 10' in width). The erosion problem is in and of itself a major concern and could be corrected with the proposal being offered by dle church. 4. ** Tl�e church has alrcady assumed the costs of surveying all of the alley, locating fcnces and buildiiigs in addition to our own topography needs in developing a Master Plan for i�nprovements. We have couimunicated with all neighbors in good faith, have shared with them our ideas and asked for their input, keeping their needs in niind. We havic endeavored to be aware of City codes and requirements and to comply with those regulations. T/tereja•e, it is our proposa! that only the pa•tion of alley that dissects the 1wo church purcels Ge vacatecl, a�:d t/t�rt tlie vacatiort ojthe alley apply to lots 11 - 20. We would request that the alley adjoining to lot 21 (Church property) would not be vacated, as it lies directly west of lot 10 belonging to another landowner. Reasoning would bc consistent with page 2, ite►n C. - Non chcrrch portion of the alley. However, tliis portion of the alley that adjoins lot 21 would provide connection to the remaining non-vacated alley. The proposed access - easement driveway would then extend from Stli street on the west, cross over lot (21) and coruiect to the alley at the east end of lot 21, providing access-egress for all current users of the alley. T/zis proposed vacation ojpart ojthe alley would create a need for the jollowing stipulatio�is: " 17.11 p.4 1. That the church provide an alternate access-easement driveway for all owners who are prescntly using the alley to acccss their property...whether home, garage, or other services. And, that such an access - easement driveway be provided across the entire Icngtl� of lot 21 to connect directly to the alley needed specifically by these homeowners: t. 53?9 Sth St. - Walkcr 2. 5331 Sth St. - Stimack 3. 5367 Sth St. - Sellards And, that the portion of allcy not vacated and presently used by tI�ese homeowners, continuc to have such access without changc of deFned boundaries or other easements so as to insure their continued access to homes, gara�es and other services. 2. That the church provide for all necessary drau�age easements for the alley connection and acccss - easement driveway, thus reducing soil erosion and improving the access - cgress surface. Thc construction of this access - easement driveway also lends itself to the future deve(opuient of additioilal parking for the church. (Detailed on the Nlaster Plan of property improvements.) 3. That thc present City cascmeuts located in d1e alley adjoining all othcr property owners remain in cffect for all the utilities, a�id that the proposed vacated area of alley adjoining the church property continue to scrve as utility easement, except that the church would tl�cn grant the easement. 4. That the church grant and record easement to 5329 Sth St. / Debra Walker, for relocation of a too( shcd. Rcasons: a.) The shed presently encroaches onto the church property as displayed on the topography map. b.) Tlie shed wou(d need to be moved anyway to provide adequate turn/comer space from the new access - easement driveway onto the alley. 5. That the church record an easement to provide Amoco continued rights across the former alley. We respectfully submit our requests and will endeavor to speak to other concerns from the members of the City Planning Conunission. Roslyn Park Wesleyan Church, Property Lnprovement Committee David Jolu�son, Harvey Teske, Janet Gri�th, Nita Fernelius, Gary Brewster 17.12 � CITY OF FRIDLEY 5431 UNlVERSITY AVENUE FRIDLEY, MN 55432 (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT APPLICATI OR: Vacation of Street Alley,br Easement Address: 53 0 � Prope�ty Identification Legai Description: Lot _ site plan required for submittai, see attached . �.� �. �lF �,,. ; � �z�� . r.�� .s-s �ta � Number. ' Biock l5, Tract/Addition ��- - •�� , a , �:.�� 1 Current Zoning: Square footage%acreage: Legal Description of Street, Aliey or Easement to be Vacated: Reason for Vacation: Have you operated a business in a city which required a business license? Yes No c/ If Yes, which city? _ If Yes, what type of business? Was that license ever denied or revoked? Yes No ....�..�r.�. r �..�..�. r�.r.�.�...�. r.�. �...r�rr�..�.....�.r.�r....�..�..�.�..�..�..�....�....r.�......r.�r......�.�.�r.�r.�.rr.�.�.n..w.�r�.�..�rwrwr�r�r^..�.�rr.�. FEE OWNER INFORMATION (as it appears on the prope�ty title) (Contract purchasers: Fee owners must sign this form prior to processing) NAME: ADDRESS: DAYTIME PHONE: SIGNATURE/DATE: �r�V�r�r�V�VN�V1V�r�V�V�rti�Vti�r�VNwn^r�r�V�VAr^r�rti�V/VAr�V�r�r^riV^rAr�V�V�V�rV V1VNN�rArti�r�Vti1V�V�VN�V�V�V�V�V1V�Y�V�V'V NAME: _ JF'l�S /Uc� ��ar1C �ciZs I�I a,v� ADDRESS: _ �5_3 DO �7`l1 �,�, /�/E r,' /e DAYTIME PHONE: 57e?— I�095� SIGNATURE/DATE: FEES . Fee: $250.00 _s� Application Number: 5� ��`�$AReceipt #: �//� Received By: Scheduled Planning Commission Date: i%u4u� �' Scheduled City Council Date: 'eofe�. �, 10 Day Application Complete Notification Date: J�I.r �� 60 Day Date: �'�� 17.13 [9�� /7�� !S,! 7/�IQB .,#j .._,:''.',i,;. _.. ,: :r _ 07/31/1998 10:09 6125728094 7/3�.198 - ,I�f�� July 14, 1998 ROSLYN PARK CHURCH � a � ��,� COU NTY PAGE 01 � - l��y� ��, ��. ,�� ,i � �F AN�KA O�'Pct of tlu Examiner oj Titks COURTHOUSE ANOKA. MINNESOTA 55303 Kerth M. Graham Ulteig Engineers, Inc. 5201 East Rivec Road, Suite 308 Minneapolis, MN 55421 re: Proposed Vacation of Alley Block 15, HAMILTON'S ADDITION TO MECHANICSVILLE (Your letcer of July 9, 1998) Dear Mr. Graham: 612-422-7485 Ja�s J. Pa�ly ExamiRer of 7itles F•,_ ��- . . �, '::.:lj l.��:J�L � 6 t��8 , : , . .:`;, . - ., .. . '� �4jr� 1 .� I have reviewed the drawings which accompanied your above-referenced letter, which I received on July 13� 1998, and I offer the following comments in response to your inquiry. Because the apey which extends thraugh Block 15, HAMILTON'S ADDTTION TO MEC.i�ANICSVILLE, was dedicated prior co che registration of the lots in �hat block, the alley is, in fact, registered land. Registration of platted land includes adjoining streeu and alteys which accrue to such land upon vacation. Conscquently, the vacated alley can be added to the land description oE the current cerciEcates of title by examiaer's directive; a new initial registration is not necessary. I recommend using the fvllowing descriptions, given the lot combinations on the certi�icates of title owned by the church: Certi�icate Number Vacat�d Allev Dcscription 12546 The east half of that part of the vacated alley in Block 15, HAMILTON'S ADDITION TO MEC�iANICSVILLE, Anoka Counry, Minnesota, lying between the westerly extensions across it oE the north line of the south hatE oE Lot 11 and the south line of Lot 15, said Block 15. 14199 The east half of that part of the vacated allcy in Block 15, HAMILTON'S ADDITION TO MECHANICSVILLE, Anoka County, Minnesota, lying between the westedy extensions across it o� che north line of Lot i l and the south tine oE the north half of said Lot 11, said Block 15. 17.14 Aftirm�tive Actlan / Equal Opponunity Employer 07/31/1998 10:09 lCeith 11�L Graham Pagc 2 July 14� 1998 612572@094 S&rSificate Numbec ROSLYN PARK CHURCH Vacated AIl , DescriR 'on PAGE 02 15010 The west halE of that part of the vacated alley in Block 15, HAMILTON'S ADDITTON TO MECHANICSVII.,LE, Anoka County, Minneaota, ]ying between the easterly cxtensions across it of the north line of Lot 17 and the south tine.of Lot 16, said Hlock 15. 44292 The west half of that part of the vacated alley in Block 15, HAMILTON'S ADDTITON TO MECHAMCSVILLE, Anoka County, Minnesota, lying between the easterly extensions accoss it of the north line of Lot 19 and the south line of Lot 18, said Hlock 15. 21634 The west half of that part of the vacated alley HAMILTON'S ADDITION TO MEC�-iANTCSVILLE, Minneaoca, lying between the easterly extensions across line of Lot 21 and che south lioe of Lot 20, said Block 15 in B1ock 15, Anoka County, it of thc north A certified copy oE the municipal resolution or ordinance vacating the alley must be filed with the �egistrar of tittes and memorialized on each certificate of title owned by the church. The registra�'a fee for �iling the certified copy of the resolution or ordinance and entering the memorial thereoE is 519.50 per certificate, for a�ocal of $97.50. After thia has been done, the church should direct its written request for an ezaminer's directive to my attention aad I will then direcc the re�istrar of tittes to add the land descriptions sec forth above to the respective certi�cates of title. Th,e fee for filing this written direttive is 519.50 per certificate, for a total of 597.50. Based on a cotal of 6ve certificates, chis process would therefore cost the church S195.00. I think that most lenders and �rospectic�e purchasers would expect to have the process completed, and %r that reason doing so might be a wise idea. JJPhnp any questions or comments which you may have. 17.15 CONSULTING ENGINEERS � L/LTE/OcHqsnrsve �� ULTEIG ENGINEERS, i►vc. 5201 EAST RIVER ROAD, SUITE 308 MINNEAPOLIS, MN 55421 PHONE 612-571-2500 FAX 612•571-1766 LEGAL DESCRIPTION FOIi.: ROSLYN PARK WESLEYAN CHURCH PROPOSED ACCESS EASEMENT TO LOT 22 A non-exclusive easement for ingress and egress over and across all that part of Lot 21, Block 15, HAMILTON'S ADDITION TO MECHANICSVILLE, Anoka County, Minnesota, which lies within a strip of land 16.00 feet in width, the centerline of said strip being described as follows: Commencing at the Northeasterly corner of said Lot 21; thence North 89° 07' 40" West along the North line of said Lot 21 for a distance of 8.00 feet to the actual point of beginning of the centerline to be described; thence South 00° 12' 17" East for a distance of 6.00 feet; thence Southwesterly along a tangential curve concave to the Nort-hwest having a radius of 16.00 feet and a central angle of 90° 00' 00" for a distance of 25.13 feet; thence South 89° 47' 43" West for a distance of 107.05 feet, more or less, to the Westerly line of said Lot 21, and there terminating. The side lines of said strip shall be lengthened or shortened as necessary to form a closed figure. kmg 6/S/98 ; �•" •� , � � � C , E _ � `, +C ``` � 17.16 EQUAL OPPOR'NNITY EMPIAYER �� O� _�- July 22, 1998 Mr. Scott Hickock City Of Fridley 6431 University Avenue NE Fridley, MN. 55432 Dear Mr. Hickock: Amoco Pipeline Company 28100 Torch Parkway Suite 800 Warrenville, Illinois 60555-3938 (630)836-5100 Vacated Alleyway Roslyn Park Church Series 4000 LL 1680-A Keith Graham of LJlteig Engineers and I have discussed the proposed conveyance of an alleyway from the City to Roslyn Park Church in an area. where Amoco has an existing pipeline traversing the public alleyway. Mr. Graham has provided me with the details of the transaction along with a description of the easement area Amoco will need to acquire to protect our land rights. Amoco appreciates the City's concern for protecting our rights in this area. I have enclosed a proposed easement agreement for the right-of-way area needed. The problem is that I recognize that the City can not grant a permanent easement, yet at this date the City remains the owner of record for the area. Therefore until such time as the City deeds the alleyway to Roslyn Park Church, et. al. the agreement can not be executed by representatives of the Church. Assuming this transaction is finalized please have the authorized representative for the Church complete the information needed in the heading of the agreement, execute the ageement page 2, complete the notary information, and return the agreement to my attention for recordir.g. Should you have any questions please contact me at 630-836-5190. Very truly y urs, chae . ayden Keith Graham - � file - . ' 17.17 6 File4000 15so-A EASEMENT AND RIGHT OF WAY AGREEMENT FOR AND IN CONSIDERATION of the sum of Ten Dollars ($10.00), and other consideration, the receipt of which is hereby acknowledged, the undersigned, , whose mailing address is ,(hereinafter called "Grantor" whether one or more), hereby grants, bargains, sells, conveys and warrants to AMOCO PIPELINE COMPANY, a Maine corporation whose mailing address is 28100 Torch Parkway, Suite 800, Warrenville, Illinois 60555-3938, (hereinafter called "Grantee"), its successors and assigns, a permanent Easement for an existing pipeline or pipelines and the perpetual right and privilege of operating, inspecting, maintaining, protecting, marking, repairing, replacing, changing the size of, and removing said pipeline or pipelines and appurtenances, equipment, and facilities useful or incidental to or for the operation or protection thereof, for the transportation of oil, gas, water, or any other substances, whether fluid or solid, any products and derivatives thereof, and any combinations and mixtures thereof, upon, over and through the following described land located in Anoka County, State of Minnesota , to wit: Attached hereto and thereby made a part hereof see Exhibit A for centerline description of a 12' long easement area. Together with the right of access to said pipeline or pipelines and the right of ingress and egress on, over, and through the above described land for any and all purposes necessary and incident to the exercise by said Grantee of the rights granted hereunder with the further right to maintain the easement herein granted clear of trees, undergrowth, brush, structures, which in Grantee's opinion, may interFere with the normal maintenance of the pipeline or pipelines and any other items, to the extent Grantee deems necessary in the exercise of the rights granted herein. Grantor shall have the right to use and enjoy the above described premises; provided, however, Grantor shall not exercise such use and enjoyment in a manner that will impair or interFere with the exercise by Grantee of any of the rights herein granted. Grantor shall not build, create, construct, or permit to be built, created or constructed, any obstruction, building, lake, engineering works, or any other type of structure within 25-feet of the pipeline or pipelines. It is mutually agreed, however, that the foregoing restriction shall not prohibit the construction of public roads, driveways, fences and public utilities, hereinafter called "facilities", across said right of way but it shall prohibit the construction of such facilities longitudinally within said right-of-way. Grantee shall not be held liable to Owners for any damages caused to any such facilities constructed across said right-of- 17.18 way in exercising its rights granted in said Right of Way Conveyance, and provided further that if in the judgment of Grantee, the construction of such permitted facilities requires alteration, or lowering, or other protective measures for the pipeline or pipelines, the entire cost of such alterations, lowering, or other protective measures shall be borne solely by Owners of such facilities. Grantee agrees to pay for damages to growing crops, pasturage, timber, fences, of Grantor resulting from the exercise of the right herein granted; provided, however, Grantee shall not be liable for damages caused on the Easement by keeping said easement clear of undergrowth, brush, structure, or any other obstructions. The terms, conditions and provisions of the Easement shall extend to and be bindiny upon the heirs, executors, administrators, personal representatives, successors and assigns of the parties hereto. The Easement and rights herein granted may be leased or assigned in whole or in part. TO HAVE AND TO HOLD said Easement, rights, estates and privileges unto Grantee, its successors and assigns. IN WITNESS WHEREOF, Grantor has executed this Easement this day of , 199 WITNESS: THE STATE OF ) ) ss COUNTY OF ) BEFORE ME, the undersigned, a Notary Public, in and for said County and State, on this day of , 199 , personally appeared to me known to be the person who executed the within and foregoing instrument, and acknowledged to me that she executed the same as free and voluntary act and deed and for the purposes and consideration therein expressed. My Commission expires: Notary Public 17.19 CONSU�TING ENGINEERS ULTEIG ENGINEERS, iNC. 5201 EAST RIVER ROAD, SUITE 308 MINNEAPOLIS, MN 55421 . �� - PHONE 812-571-2500 FAX 672-571-1768 LEGAL DESCRIPTION FOR: ROSLYN PAR,K WESLEYAN CHURCH EASEMENT TO BE RESERVED FOR AMOCO PIPELINE A non-exclusive easement for an oil and gas products pipeline under and across all that part of the following described tracts: The East half of that part of the vacated alley in Block 15, HAMILTON'S ADDITION TO MECHANICSVILLE, Anoka County, Minnesota, lying between the westerly extensions across it of the North line of the South half of Lot 11 and the South line of Lot 15, said Block 15; .� � The West half of that part of the vacated alley in Block 15, HAMILTON'S ADDITION TO MECHANICSVILLE, Anoka County, Minnesota, lying between the easterly extensions across it of the North line of Lot 17 and the South line of Lot 16, said Block 15; Which lie within a strip of land 50.00 feet in width, said strip lying 25.00 feet on either side of the following described centerline: �or�lmencing at the Southeast c�rner of Lot i� of said �lock i5; tnence North along the East line of said Lot 15 for a distance of 5.84 feet to the point of beg�nning of the centerline to be described; thence Westerly to a point on the West line of Lot 16 of said Block 15, said point being 5.90 feet North of the Southwest corner of said Lot 16. Said strip being 12.00 feet in length, and lying 25.00 feet Northerly and 5.86 feet Southerly of the above described centerline. kmg 7/17/98 ,�•° ' •. , �� ./C , E _ � `e •C ``` � EQUAL OPPORIVNITY EMPLOYER PETITION FOR VACATION OF ALLEY The undersigned, owners of property in Block 15, HAMILTON'S ADDITION TO MECHANICSVILLE, hereby petition the City of Fridley for vacation of the alley in said Block 15 lying between the Northerly line of 53rd Avenue N.E. and the Southerly line of 54th enue N.E.. date: Patricia Moldenhauer; Lots 1& 2: date: Ro rt .& Frances Gideo; ots 3& 4: � date � aZd � 9 Richard K. Blank; Lots 5& 6: Bankers Trust Co. of CA; Lots 7& 8; Contract Purchasers: Ying Yang: date: Yeu Yang: date: Ying Kong Yang: date: Xiong Xi Yang: date: Ying M.I Yang;� ' - date: // / / � ..r � � _ Dallas & Patric,i�a_,R,�msey; Lots 9 & � "`-�� date : - d o lyn ark sle an Ch rch; Lots 11 through 21: date : '�3�U eborah J. � al er; L-s 22 & 23: � ��- � /-.��'z'- F'�r�� date : 6 Thomas Stimack & Shirley Barton; L ts 24 & 25: date• JeASe J� Sell�rd�; �ots 26 & 27: . � �/r v yw� w •� wt� date : ' Christine L. Bates; Lots 28, 29 & 3: 17.21 PETITION FOR VACATION OF ALLEY The undersigned, owners of property in Block 15, HAMILTON'S ADDITION TO MECHANICSVILLE, hereby petition the City of Fridley for vacation of the alley in said Block 15 lying between the Northerly line of 53rd Avenue N.E. and the Southerly line of 54th enue N.E.. , date: � Patricia Moldenhauer; Lots 1& 2: date: Ro rt & Frances Gideo; ots 3& 4: /Y�_ /��_A' ��i� a,�.,.,_ � �9/1 i9Q' lt11.11Q11.A L\ • L71Qllf1 � LV 1...7 J cX V. Bankers Trust Co. of CA; Lots 7& 8; Contract Purchasers: Ying Yang: Yeu Yany: Ying Kong Yang: Xiong Xi Yang: �' � Yinq M. Yang� . . 11 _� ��o Dallas & Patricia �msey; Lots 9& 10;/ // ' � V date• �o lyn Park sleyan Church; Lots 11 through 21: �/ 1_ �_ /� 7�7 /�/� , . i_ _ .� 2-�,w Deborah J.�64a1g'cer; L s 22 _& 23 : /r�//�i—� � /� .: --- /J �� - c-- �'� date : Thomas Stimack & Shirley Barton; L ts 24 & 25: date: Jesse J� Sell�rd�; �ts 26 & 27 : � �_ � �/r v yw� w �•� w« aa L e• Christine L. Bates; Lots 28, 29 & 3: 17.22 � PETITION FOR VACATION OF ALLEY The undersigned, owners of property in Block 15, HAMILTON'S ADDITION TO MECHANICSVILLE, hereby petition the City of Fridley for vacation of the alley in said Block 15 lying between the Northerly line of 53rd Avenue N.E. and the Southerly line of 54th enue N.E. . ,_ . O• _ _- . P��icia Mo enhauer; Lots 1& 2: � � date - ' Ro rt Frances Gideo; ots & 4: �� date � �D � Richard K. Blank; Lots 5& 6: ' Bankers Trust Co. of CA; Lots 7& 8; Contract Purchasers: Ying Yang: date: � Yeu Yang: date: Ying Kong Yang: date: Xiong Xi Yang: date: Ying M . Yanc�� - _ date : /I J ..� / vJ .. Dallas & Patricia „Fj�msey; Lots 9& 10; aaLe: Park sle an Ch rch; Lots 11 through 21: ,� %�� P_ �� a3-�� 'Deborah J.�64a1R'cer; L ts_ 22 _& 23 : -�� _ `� _ ,` �- � da t e . � Thomas Stimack & Shirley Barton; L ts 24 & 25: date: Jesse J. Sellards; Lots 26 & 27: 17.23 .� i � I 1 i 1 1 � � ( 1 1 � 1 I 1 I i � i i i 1 � i i i 1 1 i 1 I � � ( � � � � � 1 I I I I 1 � 1 I � � � � � � i � � i i � 1 I � � � � � � � � � � � i i i _ � � w w � � _ �- � I •+j � I I I I N� �� ! , �, � �! i i� i �1 � ( � i �4 IH AVE. N.E. �---------------- ---------------- � � PA7RICA MOLDENNnUER � im .M ; CERt. �/A7J20 im � � � ' �580 61h1 S1. NE. I � ' I I-_ -- ---- -- -- — - - --- - - — -- — — - — � ' �- - —1 � aiRiSru�E i. C�niES 1 fLRI. fg87.G77 io� ts �or t . ' � 5:575 �ill Sf. NE. ( � � I — ' j"" — — — — — — — — — ' � _..-- --- — -- — —�it . � `� ( 1 OBERT J. GIDEO, JR k FRANCES GIDEO � � ior �e I �'ERi. //6150J io� s � 1 � i372 6111 Si. NE. � � � 1 � � 1 �---- -- ------ ---� � Jf_:>SF J. SELLnRUS � � � CI RI. q688�4 �, �� I ioi . � � �:Sr1 5tH 5L �t. i�) � � � � ;----------�—�-i�i ----------� � i Q� RI( IARD K. C�I.ANK 1 �� M �� CE �L p29909 �^' s � , �� , � �..-- ------�°��ia'�i-�- ----�--i � IIIOMAS O. SIIM�CK k SIIIRL['Lvii(yj�ON� � � �f.l"RI. (JG979_S ,�,n - —.D I I �o�s � i:;33 � 5 n � 5 t. ��[. i ; w..c 1 i I__ . .- - -- - — -�- -- - — - � 1._.:a..�. . —I ' � � BANKE 'S IRUST C0. UF CA. I � �or 7. �� i CERI. �y(�],Q37 �o� v 1 ' ' � ' ---- � _�_ ' ,— — — --- —, ;— — --- --- — � , . —� � DI 17OR�11 J. WAIKCR �„� �� C.CRI. //J99.59 �o� �� .,.� ior e ' � S,S7.9 � I la S I. NE. P � � — � ( � � i--------- � -+�� ------= 1 � —1 � .' LLAS l k PATRICIA A RAMSEY I ( io� :: `! I( RT. //42811 io� o � I�- ---i�o.s� rur i��.n �cns ---- - 1 1.��36 6TI I Si. NE. I .. ------ -- � , �..«� ; ,�., „ , , � -- �-- -- -- � ,.o, m � _-__-� -: ��.. , _� .�; . ��i�i�i�i�;;:s� � a., y '— — — �.• _ �ei w �..e . i � ! _ � �A��iii/ � J4 _ /OOf ��%//`� � fi� Y��i � � a�� . : — , o �� . � _ � �` �r � � �� ' � �- - � ,/%l/% � �.�.a. _ , � �� %O/%� � �► ;��/�i�/ � � a „�,,�// � � '��P► '��►" 1'"� � � : i:�rt�i :ai:�.� ` .'� .!� I � � � ��_ � � 17.24 f-- W W � � � _ H cO ' II �I� � �; i „� :� . � i; f �� ii � �� , � , ' '� �� ;� i � i � ai I - - � .�i - � _.1._�I \ -- --b�,- i ----- � ' I i i � � � � 1 � � �2.T • "i". c ✓� 1 1 I � (�„-� s I �' � i 1 � ��., 3� �f � I I i �,�� S�- � 1 � � � � i l.��-s 7 �- � � _ � s .�«.-ru,_._.. t � � � � i / 'E"5 tJej 1 1 1 ; ��. ... . : � � +�=� � L�.>-� s Z Z`�- 23 � (�,�- 5 2�-E- z � i i � ��S 2� ^�27 1 I i �L�-5 z �-3�`= � � �. � � � � � i i i i � � _ . L• — �aa CONSULTING [NGINEERS � l/LTE/G��=a � ULTEIG ENGINEERS, irvc. 5201 EAST RIVER ROAD. SUITE 30B MINNEAPOIIS. MN 55421 PROPOSED VACATION OI' ALLEY IN BLOCK 15 for ROSLYN PARK WESL�YAN CHURCH PHONE 812•571-2500 FAX 812-571-1188 All that part of the alley in Block 15, HAMILTON'S ADDITION TO M�CHANICSVILLE, Anoka County, Minnesota which lies between the Northerly line of 53rd Avenue N.E. and the Southerly line of 54th Avenue N.E. in said Block 15. ��` ��! i i ♦ C E C„ � ��e� 17.25 EQUAL OPPOR7UNITY EMPLOYER �� CONSULTING ENGINEERS �� l/LTE/G��E� � July 9, 1998 ULTEIG ENGINEERS, irvc. 5201 EAS`T RIVER ROAD, SUITE 308 MINNEAPOLIS, MN 55421 Mr. James Pauly Anoka County Examiner of Titles 325 East Main Street Anoka, MN, 55303-2489 RE: Proposed Vacation of Alley Block 15, HAMILTON'S ADDITION TO MECHANICSVILLE Mr. Pauly: PHONE 612-577-2500 FAX 6t2-571-1168 Roslyn Park Church and the other owners of property in Block 15 of � HAMILTON'S ADDITION TO MECHANICSVILLE, Anoka County, Minnesota are petitioning �he city of Fridley for vacation of the alley in Block 15. As noted on the enclosed drawing, all lots in the block have Torrens title. : The vacated alley will be abstract property. The owners have asked if it would be , advisable, necessary or prudent to have the vacated alley added to the Torrens Certificates. What steps would be required to accomplish this? Could this be done with an Examiners Directive, or would a new proceeding be required? Upon vacation, the adjoining lots would acquire to the center of the alley. Between adjoining lots, would the boundaries be the lot lines extended, or would ' they be extended at right angles from the rear lot line to the center of the alley? . Who would make that determination? Any information and advice you could provide will be appreciated. Yours truly, ��:�x-� �� '�.6�ti_ ""`" Keith M. Graham, R.L.S. Ulteig Engineers, Inc. cc: Pastor Gary Brewster Roslyn Park Church Enclosures ,�• ° ' •. , `C E' J t�,C�� y EQUAL OPPORTUNITY EMPLAYER CONSULTING ENGINEERS � �/LTE/6c•�KeQ�e � June 22, 1998 MEMORANDUM DATE OF MEETING CLIENT: PROJECT: UEI PROJECT NO.: MEMO BY: PRESENT: ULTEIG ENGINEERS, irvc. 5201 EAST RIVER ROAD, SUITE J08 MINNEAPOIIS. MN 55421 O6- I 7-98 Roslyn Park Wesleyan Church Alley Vacation 96732 Mark Peterson Gordy Chapin, NSP Mark Peterson, UEI A mecting was held at the sitc. The foilowing items were addressed: PHONE 872-577-2500 FAX Bt2-577-7168 GG KG MP File Peterson informed Chapin that the alley dividing the church's property will be vacated by the City. Peterson asked Chapin if NSP requires that their poles be moved out of the alley because it is being vacatcd. The City of Fridiey does not require NSP to remove their poles. Chapin stated chat NSP would lcave their poles in the vacated alley until the church expansion occurs. 2. Peterson and Chapin discussed relocaling lhe existing power poles to facilitate future expansion of the existing church. Chapin statcd that UEI should allow for l0' of clearance between the church and overhead power lines. Chapin recommendecl that the poles be Ieft in place unlil the church expansion takes place. Peterson asked Chapin what the cost would be to relocate the existing poles to facilitate future expansion of the church. Chapin stated that there would be a minimal charge to move the poles; approximately $500 lo $600 per pole. Chapin also stated that $2000 would be the maximum amount that the church would be charged to relocate all the poles. 4. Chapin stated that guy wires on thc relocated poles should be able to be avoided. Chapin stated that cribbing planks could be used to provide additional support [o the poles. Chapin stated that NSP would require 3-4 weeks of lead-time to relocate the poles. 6. Peterson informed Chapin that the church may require additional electric capacity due to the expansion. Chapin statcd that NSP would increase capacity by installing a larger overhead transfonner. Chapin stated that there would be no charge to the church to install a larger transformer. c: Pastor Gary Brewster Attachment ��,i ►,�� C E y �� C ` . i�� EQUAL ��M'(JRTUNITY EMPIAYER CONSULTING ENGINEERS �� t/LTE/Gc�p�� ULTEIG ENGINEERS, iNC. 5207 EAST RIVER ROAD, SUITE 308 MINNEAPOLIS, MN 55421 PHONE 672-571-2500 FAX 612-577-118H LEGAL DE5CIZIPTION I'Oft: ROSLYN PARK W�SLEYAN CHURCH PROPOS�D UTILITY EASEMENT An easement for utility purposes over, under and across all that part of Lots 11, 16, 17, 18, 19, 20 and 21, and the vacated alley adjacent thereto, Block 15, HAMILTON'S ADDiTION TO MECHANICSVILL�; Anoka County, Minnesota, which lies within a strip of land 16:00 feet in width, the centerline of said strip being described as follows: Commencing at the Southeasterly corner of said Lot 16; thence North 89° 03' 56" West along the South line of said Lot 16 for a distance of 3.00 feet to the actual point of beginning of the centerline to be described; thence North 03° 52' 04" West for a distance of 39.14 feet; thence North 03° 16' 59" West for a distance of 65.18 feet; thence North 05° 31' 13" East for a distance of 100.25 feet; thence North 00° 12' 17" West for a distance of 34.51 feet, more or less, to a point of intersection with the �asterly extension oF the Northerly line of Lot 21 of said Blocic 15, and there terminating. The side lines of said strip shall be lengthened or shortened as necessary to form a closed figure. kmg 6/23/98 ,.� ►, :�� `: C E ✓�\C �~ ♦�� EQUAL OPPORTUNITY EMPLAYER CONSULTING ENGINEERS ULTEIG ENGINEERS, iNC. 5201 EAST RIVER ROAO, SUITE 308 . MINNEAPOIIS, MN 55421 June 23, 1998 Mr. Gordy Chapin Customer Service Design 1Zepresentative Northern States Power Company 1518 Chestnut Avenue North Minneapolis, MN, 55403 Mr•. Chapin; PHONE 6/2•571-2500 FAX 812•57�-1168 IZecently you met with Mr. Mark Peterson of this office regarding future plans at Roslyn Park Wesleyan Church. The church, located at 5300 6th Street North, is petitioning the city of rridley for vacation of the alley adjacent to the church. The all�ey runs North from 53rd Street to 54L-h Street, between 5th Street and 6th Sti•eet. The purpose of the alley vacation is to allow future expansion of the church building and parlcing lot. N��P, U. S. West and Paragon Cable have facilities on the N.S.P. power poles in the alley. It is assumed that the city will retain an easement for utility purposes over the vacated alley adjacent to Lots 1 through 10 and 22 through 30. Roslyn Park Church owns Lots 11 through 21, and wishes to provide an easement for future re-location of the poles. We have prepared a proposed easement description acr•oss the church parcel. We are enclosing two copies of the proposed description, and the proposed site plan showing the proposed easement. � The city of I+ ridley is not requiring that the poles be re-located at this time. At yoi.�r meeting with Mr. Peterson, you indicated that N.S.P. would leave their poles in the current location until the church expansion occurs. If t;he proposed easement and future re-location are acceptable, please send us a brief letter to that effect. Yo�urs truly, // �� Keith M. Graham, R.L.S. Ult;eig Engineers, Inc. cc: Pastor Gary Brewster R,oslyn Park Church �� ,� .� e, � � 1; E � r .Ct`` � EQUAL CfPP�(TUI�ITY EMPIAYER � CONSULTING ENGINEERS •�� I/LTE/Gs�QQ� � June 23, 1998 ULTEIG ENGINEERS, irvc. 5201 EAST R�VER ROAO, SUITE 308 MINNEAPOIIS, MN 55421 Mr. Joe Brownrigg Paragon Cable Design Department 10201 Crosstown Circle �den Prairie, MN, 55344 Mr. Brownri�g; PHONE 612-571-2500 FAX 612-571-116H R.oslyn Park Wesleyan Church, located at 5300 6t;h Street North, is petitioning the city of rridley for vacation of the alley adjacent to the church. The alley runs North from 53rd Street to 54th Street, between 5th Street and 6th Street. The purpose of the alley vacation is to allow future expansion of the church building and parking lot. NSP, U. S. West and Paragon Cable have facilities on the N.S.P. power poles in the alley. It is assumed that the city will retain an easement for utility purposes over the vacated alley adjacent- to Lots 1 through 10 and 22 through 30. Roslyn Park Church owns Lots 11 through 21, and wishes to provide an easement for future re-location of the poles. We l�ave prepared a proposed easement description across the cliurch parcel. We are enclosing two copies of the proposed description, ancl the proposed site plan showing the proposed easement. The city of I�'ridley is not requiring that the poles be re-located at this time. N.S.P.'s Customer Service Design 1Zepresentative, Gordy Chapin, has indicated that they �vould leave their poles in the current location until the church exPansion occurs. If the proposed easement and future re-location are acceptable to Paragon Cable, please send us a brief letter to that effect. Yours truly, �/' i' �� " � , ,. ,� 4'.�� Keith M. Graham, R.L.S. Ulteig Engineers, Inc. cc: Pastor Gary Brewster Roslyn Park Church ,�•� ' •. , `C E : �',,C``` � EQUAL OPPORO ITY EMP[AYER �! CONSU�TING ENGINEERS �� /LTE/G�e� � June 23, 1998 ULTEIG ENGINEERS, iNC. 5201 EAST RIVER ROAD, SUITE 30B MINNEAPOLIS, MN 55421 Mr. Ron Tombarge U. 5. West Engineerin� Department 9700 5chmidt Lake Road, IZoom 155 Plymouth, MN, 55442 Mr. Tombarge; PHONE 612•577-2500 FAX 612-571-1166 Roslyn Park Wesleyan Church, located at 5300 Gth Street North, is petitioning the city of rridley for vacation of i;he alley adjacent to the church. The alley runs North from 53rd Street to 54th Street, between 5th Street and 6th Street. The purpose of the alley vacation is to allow future expansion of the church building and parking lot. NSP, U. S. West and Paragon Cable have facilities on the N.S.P. power poles in the alley. It is assuined that the city will retain an easement for utility purposes over the vacated alley adjacent; to Lots 1 through 10 and 22 through 30. Roslyn Park Church owns Lots 11 through 21, and wishes to provide an easement for future re-location of the poles. We have prepared a proposed easement description across tlie church parcel. We are enclosing two copies of the proposed description, and the proposed site plan showing the proposed easement. The city of rridley is not requiring that the poles be re-located at this time. N.S.P.'s Customer Sei-vice Design Representative, Gordy Chapin, has indicated that they would leave their poles in the current location until the church expansion occurs. If the proposed easeinent and future re-location are acceptable to U. S. West, please send us a brief letter to that effect. Yours truly, ., /� �� i/ ��.�.9yi. /-'v�r ��_-___�- Keith M. Graham, R.L.S. Ulteig �ngineers, Inc. cc: Pastor Gary Brewster Roslyn Park Church .�`° `•�, = :. _%C , E _ � r, IC t`` � 17.31 EQUAL OPPORTUNITY EMPLOYER � � CONSU�TING [NGINEERS � �/LTE/6��p��e � June 22, 1998 ULTEIG ENGINEERS, iNC. 5201 E/lSf RIVER ROAD, SUITE 308 MINNEAPOL15. MN 55421 Mr. Ken Andreen, Field Engineer AMOCO Pipeline Company 9400 Winnetka Avenue North Brooklyn Park, MN, 55445 Mr. Andreen; PNONE 612•577-2500 FAX 812•571•tt88 Roslyn Park Wesleyan Church, located at 5300 Gth Street North, is petitioning the city of Fridley for vacation of the alley adjacent to the church. The alley runs North from 53rd Street between 5th Street and 6th Street. AMOCO has a pipeline ci-ossing the alley. The pipeline is located 5.86 feet north of the north line of 53rd Street. I spoke ��itli John Beal of your office, who indicated that AMOCO requires an easement 25 feet in width on each side of the line. Based upon that information, «�e have prepared a proposed easement description across the south 30.86 feet of the alley for the pipeline. We are enclosing two copies of the proposed description, and the proposed site plan showing the proposed easement. If the proposed easement is acceptable, please send us a brief letter to that effect. Yours truly, _, � �r-t; �._._---- Keith M. Graham, R.L.S. Ulteig Engineers, Inc. cc: Pastor Gary Brewster Roslyn Park Church ,�•� ' •� , �� : Ji C E _ r,/Cc/ � 17.32 fiOUAL OPPORTUNITY EMPIAYER � CONSULTING ENGINEERS PHONE 6/2-671-2500 � FAX 612-577-1168 ULTEIG ENGINEERS, irvc. 5201 EA57 RIVER fiOAD, SUITE J08 MINNEAPOI.IS, MN 55421 LEGAL D�SCR.IPTION FOR: RUSLYN PARK WESLEYAN CHURCH EASEMENT TO BE R�SERVED I�'OR AMOCO PIPELINE A non-exclusive easement for an oil and gas products pipeline under and across the South 30.86 feet of that part of the alley in Block 15, HAMILTON'S ADDITION TO MECHANICSVILLE, Anoka County, Minnesota, which lies North of the Northerly line of 53rd Avenue Northeast. krrig 6/9/98 ;�•°'•. , . � C E � `,.CC``. � 17.33 EQUAL OPPORTUNITY EMPLAYER (� MEMOR.ANDUM PLANNING DIVISION DATE: September 10, 1998 TO: William 1N. Burns, City Manager �r�� FROM: Barbara Dacy, Community Development Director Scott J. Hickok, Planning Coordinator SUBJECT: First Reading of an Ordinance to Amend The Zoning Ordinance to Permit Automatic Meter Reading Devices in the Public Right-of- Ways and on Public Utility Structures On August 19 and September 2, 1998, the Planning Commission considered a Zoning Text Amendment, ZTA #98-01, by CeIINet Data Services. CeIINet Data Services has applied for a text amendment to the City Code to allow "Automatic meter reading systems." Automatic meter reading systems are the next technological step in the telecommunications industry. They are basically boxes, which can be mounted on telephone or light poles, that are able to read utility meters. They relay the information from a utility meter in a residence or business to the utility company. PLANNING COMMISSION RECOMMENDATION The Planning Commission recommended approval of ZTA #98-01 as recommended by staff. The first reading of the ordinance is attached for your approval. The new language is highlighted in gray. RECOMMENDED ACTION Staff recommends adoption of the attached ordinance as presented. Second and final reading will be scheduled on September 28, 1998. 18.01 ORDINANCE NO. AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 205, ENTITLED "ZONING", BY AMENDING NEW SECTION 205.29, "0 - 5 TELECOMMUNICATIONS TOWERS AND FACILITIES DISTRICT" TO REGULATE AUTOMATIC METER READING SYSTEMS BY AMENDING THE THIRD "WHEREAS", AND BY AMENDING SECTIONS 205.29.01, 205.29.02, 205.29.03, 205.29.05, 205.29.07, 205.29.19, 205.29.22, 205.29.23; AND BY AMENDING SECTION 11.10 FEES. 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, Wireless Telecommunications Facilities, a; T ��" , e° Syst�t�t�, 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 and 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 Section 205.29, to be entitled, numbered and read as follows: 205.29. 0-5 TELECOMMUNICATIONS TOWERS AND FACILITIES DISTRICT 18.02 1. PURPOSE AND INTENT The general purpose of this Section is to create an overlay zone to regulate the placement, construction, and modification of Towers and Wireless Telecommunications � ��, ��- � Facilities ant{ Autot�iati�Mete��t�e t�. r��ysfern in order to protect the health, safety, _�;,s_,.�,��. � ,�.�, �. and welfare of the public, while at the same time not unreasonably interfering with the development of the competitive wireless telecommunications market in the City. Specifically, the purposes of this Section are: A. To protect residential areas and land uses from potential adverse impact of Towers and Wireless Telecommunications Facilities; B. To minimize adverse visual impact of Towers and Wireless Telecommunications Facilities through careful design, sitting, landscaping, and innovative camouflaging techniques; C. 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; D. To. avoid potential damage to property caused by Towers and Wireless Telecommunications Facilities by ensuring that such structured 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; F. To facilitate the provision of wireless teiecommunications 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. H. To enhance the ability of providers of telecommunication services to provide such service to the community quickly, effectively, and efficiently. I. To identify specific sites within the City where Wireless Telecommunications Facilities may be located. 18.03 2. DEFINITIONS The following words, terms, and phrases, when used in this Section, shall have the meanings ascribed to them in this Section, except where the context clearly indicated a different meaning: "Antenna Support Structure" means any building or other structure other than a Tower which can be used for location of Wireless Telecommunications Facilities. "Applicant" means any Person that applies for a permit for Wireless telecommunication facilities or Towers. "Application" means the process by which a Person submits a request to develop, construct, build, modify, or erect wireless telecommunication facilities or a Tower upon land within the City. Application includes all written documentation, verbal statements, and representations, 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, site approved by special use permit, or Wireless Telecommunications Facility. 18.04 "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 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 operator's 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 Telecommunications Facilities shall not include: A. Any satellite earth station antenna two meters in diameter or less which is located in an area zoned industrial or commercial; and B. Any satellite earth station reception antenna one meter or less in diameter, regardless of zoning category; and .,�� C. Automafic Me�e��Rea�n� , s'�e: �s� 3. NON-CONFORMING USES A. Existing Sites shall be considered a legal non-conforming use, unless otherwise provided for in this Chapter. B. 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 is permitted, except 18.05 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. C. If any Wireless Telecommunications Facilities in an Existing Site are abandoned for a period of one year, such Existing Site shall loss 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). 4. DISTRICT BOUNDARIES FOR OVERLAY ZONE A Telecommunications Towers and Facilities District, 0-5, is created and shall apply to all land within the City subject to the p�ovisions and use requirements contained in this Section. 5. USES PERMITTED A. The construction of Towers and the installation, operation, and maintenance of Wireless Telecommunications Facilities shall be permitted use in the Approved Sites identified on Appendix A to this Ordinance, subject to the provisions of this Chapter. Additional Approved Sites may be approved by the City Council, subject to the amendment procedures set forth in Section 205.05.03 of the City code, and the requirements of this section. B. All principal, special use, and accessory uses allowed in each underlying primary zoning district are permitted in the Telecommunications Towers and Facilities 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. C. Special Uses. The construction of Towers and the installation, operation, and maintenance of Wireless Telecommunications Facilities shall be a special use in Zoning Districts M-1, M-2, M-3, and M-4, and any abutting railroad rights-of-way, subject to the special use approval procedures set forth in Section 205.05.04 of the Code. � �$.�s (1) �2) (3) (4) ��) 6. CRITERIA FOR ADDING APPROVED SITES TO APPENDIX A Additional Approved Sites, other than those provided in Appendix A to this Ordinance, shall be approved by the City Council according to the amendment procedures of Section 205.05.03 of the City code. The criteria used to determine whether a site shall be designated as an Approved Site shall include, but not be limited to, the following requirements A. Whether the proposed new site is capable of being developed to support more than two operating Wireless Telecommunications 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 C. 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 D. Whether all foreseeable telecommunications uses of the proposed new site could comply with the setback requirements of the underlying zoning district; and E. Whether all foreseeable telecommunications uses of the proposed site could comply with any separation and buffer requirements of the underlying zoning district; F. Whether the proposed site is accessible for service vehicles; G. If applicable, whether the proposed site has been designed and certified by an Structural Engineer to be structurally sound and, at minimum, in conformance 18.07 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. H. If applicable, whether the Approved site complies with all applicable Federal Aviation Administration lighting and painting regulations. I. Whether the proposed site will further the City's objective that all Towers, Antenna Support Structures, and Wireless Telecommunications Facilities be designed to blend into the surrounding environment. J. 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. K. Whether the proposed site adequately contributed to the City's overall effort to adequately meet the needs of the wireless telecommunications industry. L. 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. M. 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. Whether there are existing buildings or 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. O. Whether there is adequate space on the proposed site so that the base of any necessary Tower can accommodate essential equipment. P. 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 existing in the proposed site. 7. APPLICATION FOR PLACEMENT OF TOWERS OR WIRELESS TELECOMMUNICATIONS FACILITIES IN THE CITY A. All persons seeking to install, operate and maintain Towers or Wireless Telecommunications Facilities in Approved Sites in the City must file an Application with the City which shall include: 18.08 (1) The name, address, and telephone number of the Applicant; and (2) Written, technical evidence from a qualified and licensed Structural Engineer that the proposed Tower or antenna support structure is capable of supporting the equipment necessary to install, operate, and maintain the proposed antenna. The engineer shall also certify the capability of the Tower in view of existing or other proposed antenna installations. The engineer shall also assess and state the design safety margin of the entire antenna support system. The engineer shall state that within the limits of engineering certainty, if the structure should fall or collapse for any reason or due to any event, the structure will be completely contained within the area identified; and (3) If proposed on a City-owned site, a completed application form for lease approval as provided by the City; and (4) A report from a qualified and licensed professional engineer which described 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) An Application fee as required by Chapter 11; and (9) The Application shall also contain an affirmative statement indicating that the Applicant agrees to comply with the provisions in Section 205.23. regarding abandonment; and (10) No new or existing wireless telecommunications service will interfere with public safety telecommunications. Before the introduction of new service or before implementing any change in existing service, all wireless telecommunications service providers shall notify the City at least ten (10) calendar days in advance of such changes and allow the City to monitor interference levels during the testing process; and (11) Application for a building permit from the City pursuant to Chapter 206 of the Code; and 18.09 (12) A statement as to whether the proposed development of Approved Site is capable of being developed to support more than two operating Wireless Telecommunications Facilities comparable to the others in weight, size, and surface area; and (13) Written, technical evidence from an independent consulting engineer licensed to practice geological engineering in the State of Minnesota confirming that the soil at the location of the Tower or Wireless Telecommunication Facility is capable of supporting the proposed antenna arrays, equipment, and personnel performing typical work functions; and (14) A landscaping plan showing location of materials, height at planting, types of materials, and installation practices. B. All 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. C. All persons seeking to install, operate, and maintain Towers or Wireless Telecommunications Facilities in M-1, M-2, M-3, or M-4 Zoning Districts as a special use permit shall submit the information required in 205.28.07.A, except items (3) and (11). 7.5 APPLICATIO,N FO ��'N l��'TO�tIA� C�� E� �ER��: l3 �G� � tG �� _ . .. _ . .,.�a ,_ w.an. _ .. ..x. .�.�..:ma,,,�,��G,,.-.�., e �:,, �ss-Y,ra.�,� x�.� s.,-,-,.�s�:.13a . , x�,: �� - s' i � 18.10 : (5) (6) 8. APPLICATION PROCESS A. Upon submission of an Application on an Approved Site, the City shall notify the Applicant in writing to confirm if the Application is complete addressing all of the requirements as required by this Section. If the Applicafion is incomplete, the letter will specify what information is missing and the Applicant must then submit a new Application. If an Application is submitted on an Approved Site which is owned by the City, a lease agreement must be approved by the City Council. The City shall comply with the time deadlines for agency action as dictated in Minnesota State Statutes. Construction or installation on Approved Sites may begin upon approval of the lease agreement, if necessary, and issuance of a building permit. B. If a Tower or Wireless Telecommunications Facility is approved by a special use permit, the Applicant must also apply for and receive a building permit. 9. TOWER HEIGHT Tower height shall be measured from the average adjoining grade to the highest point of construction of any Tower or Wireless Telecommunications Facilities. Towers are exempt from the maximum height restrictions of the districts where located. Towers shall be permitted to a height of one hundred twenty-five (125) feet. 10. STEALTH DESIGN AND EXTERIOR FINISHES All Approved Sites, Towers, and Wireless Telecommunications Facilities 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, 18.11 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. 11. ILLUMINATION Towers shall 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. 12. LANDSCAPING AND SCREENING All sites shall include appropriate landscaping as required herein and shall comply with all landscaping requirements of the underlying zoning district. Accessory above-ground equipment must utilize existing buildings or structures, if possible. If no existing structures are available, the Owner of the Wireless Telecommunications Facilities may construct such a structure. At minimum, all ground equipment shall be fully screened from public rights-of-way or residential property by existing structures, a brick decorative wall, or a solid one hundred percent opaque vegetative enclosure, six feet in height at planting. 13. SECURITY All towers must be reasonably posted and secured to protect against trespass. Chain link fences may be used to protect Towers and Wireless Telecommunications Facilities. Barbed or razor wire is prohibited. All facilities shall be designed to discourage unauthorized climbing on the structure. 14. INSTALLATION REQUIREMENTS ON WATER TOWERS AND 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. A. The Wireless Telecommunications Facility will not increase the risks of contamination to the City's water supply. B. There is sufficient room on the structure and/or in the grounds to accommodate the Wireless Telecommunication facility. C. The presence of the Wireless Telecommunication Facility will not increase the water tower or reservoir maintenance costs to the City. � 18.12 D. The presence of the Wireless Communication Facility will not be harmful to the health of workers maintaining the water tower or reservoir. E. All state and federal regulations pertaining to non-ionizing radiation and other health hazards has been satisfied. 15. BUILDING PERMIT REQUIRED A building permit is required for installation of any Tower or Wireless Telecommunications Facility. The completed installation, including all associated buildings, shall comply with all applicable building codes including but not limited to N.F.P.A. 70 National Electrical Code, EIA 222 Structural Standards for Steel Antenna Towers, and others as may be determined by the Building Official. 16. SETBACKS The tower or wireless Telecommunications Facility shall be located in rear or side yard areas and shall be set back at least ten (10) feet from side or rear lot lines. 17. SIGNS Warning or equipment information signs are the only permitted signage associated with the Tower or Wireless Telecommunications Facility. 18. CERTIFICATIONS AND INSPECTIONS A. All Towers and Wireless Telecommunications Facilities shall be periodically reviewed by the City to be structurally sound and in conformance with the requirements of the City building code, this Chapter, any conditions of approval placed on a special use permit and all other construction standards set forth by the City's Code, and federal, state, and local law. Existing Sites may be inspected for compliance with this Section at any time if the City believes there are questions regarding compliance with the City building code, this Section, any conditions of approval placed on a special use permit, all other construction standards set forth in the City's Code, and all other federal, state, and local laws. B. The City and its agents shall have authority to enter onto any Approved Site, Existing Site, or site approved by special use permit 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. 18.13 C. 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) 19. MAINTENANCE A. Ordinary and reasonable care of Towers, Wireless Telecommunications Facilities , � .� and Autornaiic Meter Reading S�rsferns/Devices shall be employed at all times. � ,,��,. , All Towers, Wireless Telecommunications Facilities artd ��itomatYc��ec� Reading Systems 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, Wireless Telecommunications Facilities anci�'Au�rnatic�Mef Re ��y'�s�et�,s/Devices in substantial . ��. �..:� ��,� ,� ��. ��, �a�,�� 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. C. All maintenance or construction on Towers, Wireless Telecommunications �, n � _ -�� -� � _� Facilities or`��utol�tatr� _: e e�Re�.�� ,w��t�t__ Devices shall be performed by qualified maintenance and construction personnel. D. All owners of Wireless Telecommunications Facilities ��"' ��°��t� �` Reading Systems/Device shall maintain compliance with current radio frequency emission standards of the FCC. In order to provide information to its citizens, copies of all FCC information concerning Wireless Telecommunications Facilities and Automafi�Me�.er� I�eadi�"��S�s�e�t�/Device shall be made available to the ... . 9 �Y� City and updated annually. E. In the event the use of a Tower, c� � tLL� f� t:� t� `', or a Wireless Telecommunications Facility �i��_ �: �. � . � � ±� �� ° ��, -t �` � � : Device is discontinued by the owner of the Wireless Telecommunications Facility �: Amutomafic�lVlete e�d ng��'st rn, or in the event an owner files notice to the FCC 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. 20. PRIORITY FOR USE Priority for use of the installation, maintenance and operation of Towers and Wireless Telecommunications Facilities will be given to the following entities in descending order: A. City of Fridley. 18.14 B. 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. C. Other governmental agencies, for uses which are not related to public safety. D. Entities providing licenses 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. 21. CO-LOCATION Towers shall be designed to support more than finro Wireless Telecommunication Facilities. 22. FEES The applicant shall pay the fees requested by Chapter 11 for processing a request to install, operate, and maintain a Tower, p t"s � or a Wireless Telecommunications Facility � : and/or Devices in ihe City. If deemed as necessary due to the nature of the application, the applicant shall also be require to reimburse the City for its cost to retain a consultant to review the requested application. 23. ABANDONMENT If any site for which approval to install, maintain, and operate a Tower, .��a `'� ' s�u�fur�, or Wireless Telecommunications Facilities �a� .�s��°�� S�rstems has been granted by the City shall cease to be used for a period of 365 consecutive days, the City shall notify the Wireless Telecommunications Facility operator, Automatic Meter Reading Device Operator and the - � �` �'� � � � � �� , that said site has been deemed abandoned. Upon a finding of abandonment by the City, the Tower, o -��' � �� "' �� °� � �� , or Wireless Telecommunications Facilities��. or.�%��toma rc-� '' r��a��aQ��rs��m� tnai have been abandoned � be removed or Wireless Telecommunications Facil the City shall assess all costs related to the removal to the owner(s). 24. SEVERABILITY If 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. 18.15 25. VIOLATION Any person who shall violate any of the provisions of this Section shall be guilty of a misdemeanor and subject to the provisions of Chapter 901 of the Fridley City Code. 18.16 11.10 FEES 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 an Approved Site Application Consultant expertise to review Tower and Wireless Telecommunications Facilities Building permit Inspection of sites 18.17 ' FEE $500 $400 $400 Applicant to fully reimburse costs As required by Uniform Building Code As required by Uniform Building Code PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 14T" DAY OF SEPTEMBER, 1998. ATTEST: DEBR.A SKOGEN - CITY CLERK Public Hearing: First Reading: Second Reading: Publication: 18.18 NANCY J. JORGENSON - MAYOR CITY OF FRIDLEY PROJECT SUMMARY DESCRIPTION OF REQUEST: Margaret Schatz is requesting that a variance be granted to allow dock doors to face a public right-of- way. First Industrial L.P.'s industrial facility is at 7925 Beech Street SUMMARY OF ISSUES: Code Section 205.18.06.G.(2) requires that all loading docks be located in the side or rear yard and be screened with a six foot minimum solid screening fence if visible from the public right-of-way. The I First Industrial property faces Beech Street. ' The landscape along Beech Street (between the pazking lot) and this building is a relatively mature mix I, I of deciduous and coniferous trees. To add trees to aid in screening the new overhead door may impact ', '� the visibility of drivers entering and exiting the site. Because the new door is planned to be almost '�� ' directly inside the entrance drive, adequate screening would be difficult if not impossible. Circulation of I, other traffic while loading and unloading from the new door may also be an issue. � Numerous industrial dock doors exist along the east side of this complex. This tenant does have a dock door connected to the space to be leased. HARDSHIP STATEMENT: We are requesting variance, VAR #98-24, to allow a new tenant, Northstar Associates, to load and unload millwork materials into vehicles which are substantially lower than the existing dock height doors present at the building. Loading these materials from the existing doors may lead to employee injuries and damaged materials... PREVIOUSLY GRANTED VARIANCES: The City has approved similar variances—one in the Onaway Addition for the industrial property located at 7880 Beech Street and one for Lindstrom Metric located at 8101 Ashton Avenue APPEALS RECOMMENDATION: The Appeals Commission recommended approval of Variance request, VAR #98-25. RECOMMENDATION TO CITY COUNCIL: Staff recommends the City Council concur with the Appeals Commission's recommendation for approvaL 19.01 Staff Report VAR #98-25, 7925 Beech St. Page 2 PROJECT DETAILS Petition For: Margaret Schatz is requesting that a variance be granted to allow dock doors to face a public right-of-way. First Industrial L.P.'s industrial facility is at 7925 Beech Street. Location of Property: Legal Description of Property: Lot Size: Topography: Existing Vegetation: Existing Zoning/Platting: Availability of Municipal Utilities: Vehicular Access: Pedestrian Access: Engineering Issues: Comprehensive Planning Issues: 7925 Beech Street The West 328 feet of the South 805 feet of the East 1/2 of the Northeast 1/4 of the Southeast 1/ 4 of Section 3 264, 040 s.f., 6.06 Acres Relatively flat Typical suburban; sod, shrubs, trees M-2, Heavy Industrial, Metes and Bounds Connected 79� and Beech Street NA NA The zoning and Comprehensive Plan are consistent in this location. 2 19.02 Staff Report VAR #98-25, �925 Beech St. Page 3 Public Hearing Comments: To be taken DEVELOPMENT SITE REQUEST Margaret Schatz is requesting that a variance be granted to allow dock doors to face a public right-of-way. First Industrial L.P.'s industrial facility is at 7925 Beech Street. SITE DESCRIPTION/HISTORY The s�bject parcel is located in the Northeast corner of the intersection of 79� Avenue and Beech Street. Located on the property is a 97,020 s.f., multi-tenant, industrial warehouse building. The following activities have occurred on the property: In 1972 a building pernut was issued to Bryant Franklin Corporation for the original construction of the building. Since that time, numerous additional permits were issued for interior modification of tenant spaces on this site. Those permits ranged from interior alterations, to electrical and plumbing permits. ADTACENT SITES NORTH: EAST: SOUTH: WEST: ANALYSIS Zoning: M-2, Heavy Industrial Zoning: M-2, Heavy Industrial Zoning: M-2, Heavy Industrial Zoning: M-3, Heavy Industrial, Outdoor Intensive Land Use: Industrial Land Use: Industrial Land Use: Industrial Land Use: Industrial Code Section 205.18.06.G.(2), requires that all loading docks be located in the. side or rear yazd and must be screened with a six foot minimum solid screening fence if visible from the public 3 19.03 Staff Report VAR #98-25, 7925 Beech St. Page 4 The impact on the integrity of the building's appearance will be greater than any impact to those passing on the street. Interestingly, two other overhead doors currently exist facing Beech Street. The history of those doors is unclear; however, on-site inspections reveal that these doors have been in for some time and may have been part of the original design of the structure. No variances were granted for these doors; however, staff believes that because this is the side yard, they were allowed at that time. Over time, staff has debated the intent of this ordinance as it applies to street level versus dock level doors on the finished street face of a building. Staff believes that the unsightliness and impact of overhead doors is equal whether at street or dock height. Because this door has close proximity to a primary parking lot access drive, loading and unloading of materials at this door may impede the flow of traffic into and out of the parking area. If a variance is granted, caution on the part of the tenant must be taken to assure traffic can safety maneuver without being impacted by activity at this door. You may recall that Home Depot and the new multi-tenant industrial building at 100 Osborne Road modified their overhead doors to be horizontal sliding glass doors to keep the integrity of their buildings' appearance intact and to comply with City ordinances. Sliding glass doors could be installed in this situation in lieu of an overhead door. This would allow a finished "front door" look, while providing ample access to load and unload materials. PREVIOUSLY GRANTED VARIANCES: The City has approved similar variances—one in the Onaway Addition for the industrial property located at 7880 Beech Street and one for Lindstrom Metric located at 8101 Ashton Avenue APPEALS RECOMMENDATION: The Appeals Commission recommended approval of Variance request, VAR #98-25. RECOMMENDATION TO CITY COUNCIL: Staff recommends the City Council concur with the Appeals Commission's recommendation for approval. 19.04 APPEALS COMMISSION MEETING, AUGUST 26, 1998 PAGE 12 UPON A VOICE VOTE, ALL VOI�ING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIIV�OUSLY. ' 4. PUBLIC HEARING' CONSIDERATION OF A VARIANCE REQUEST. VAR #9& ?S BY MARGARET SCHATZ (FIRST INDUSTRIAL L.P.): Per Section 205.18.06.G.(2) of the Fridley Zoning Code, to allow the construction of a new unscreened loading dock adjacent to the public right-of-way on the west 328 feet of the south 805 feet of the east one-half of the northeast 1/4 of the southeast 1/4, section 03-30-24, Anoka County, Minnesota, subject to easements 4/23/74, generally located at 7925 Beech Street. MOTI N by Mr. Jones, seconded by Ms. Mau, to waive the reading of the public hearing notice and to open the public hearing. � UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 8:28 P.M. Mr. Hickok stated the request is to allow constnaction of an overhead door facing the public right-of-way at 7925 Beech Street. The code requires that all loading docks be located in the rear or side yard and must be screened with a six-foot minimum solid screening fence so it is not visible from the public right-of-way. The First Industrial L.P. property faces Beech Street. Mr. Hickok stated the landscaping between the parking lot and the building is relatively mature. To aid in the screening, typically the City would ask that, if an overhead door faces the public right-of-way, that there be additional plantings to compensate for that. In this case, the door is proposed right in front of the drive aisle access to the building. Typically they would ask for additional screening so the view of the activity is minimal. _ Mr. Hickok stated the building has numerous dock doors along the east side of the building. There have been a couple of overhead dock doors added over a period of time that face Beech Street. Staff believes the interpretation was that, because it is a comer lot and because of the lineal dimension, this is considered the side yard so these existing doors were approved. Staff however has been working diligently to have overhead doors on the back or sides of the building and have the office or street face to not include overhead doors. Recently, the Home Depot had planned an ovefiead door facing the public right-of-way where they were asked to put in sliding glass doors or some other type of door to allow them to maneuver in and out without the overhead feature on the front of the building. Also with the new multi-tenant building on Osbome that has a auto body shop, they also installed glass doors that operate more like a store front door rather than an overhead door. In this case, another concem is that this is a critical point of the building. If the purpose is for loading and unloading building materials, this is a critical point as entering or exiting the site. Activities at this point would cause some concem. Mr. Hickok stated the City has approved similar variances in the past; therefore, staff has no recommendation concerning this request. Ms. Schatz stated they have a new tenant moving into the building, North Star Associates, that handles millwork. They need a pomt of loading and unloading that is at grade level. This is a tenant request. 19.05 APPEALS COMMISSION MEETING, AUGUST 26, 1998 PAGE 13 Mr. Shedlov stated they are a wholesale millwork company. The dock doors are set up for loading and unloading at a four-foot height. This will be used for the salesmen to load and unioad samples into their sales vehicles such as a Suburban. It is difficult to do this at a four-foot loading dock. This door would not be regula�iy used nor wiil there be trucks there all day long. Mr. Kuechle asked what the possibility was to convert one of the dock doors in the rear of the building to meet those needs. Mr. Shedlov stated they would need to build a ramp. There is no way to lower the products without a ramp. People would have to go down the stairs to access the door. Another problem with ramps is that it is difficult to keep them clear of snow and ice so they become a safety hazard. Dr. Vos asked if the vehicles would drive in and drive out of that door. Ms. Schatz stated they would not drive in. They would open the door, load their samples,and leave. It will not be used for truck parking in a stall. It is strictly for sales people. Dr. Vos stated the staff pointed to that juncture and the entrance. He asked the petitioner to respond to that. Ms. Schatz stated the access is a point where the door is proposed. The mix of tenants that are currently in the building are primarily warehouse. There is only about 5% office build out in the entire building. Tenaco Packaging is the tenant to the no�th with 50,000 square feet. They use the entrance on the north side of the building. The other tenants on the south side of the building may use that entrance but they all go to the right when coming in the driveway. There are not a whole lot of cars that park there. Ms. Mau asked if there is a possibility of putting in another type of door rather than an overhead door. Ms. Schatz stated they currently have two overhead doors on the building. She thought it would look more attractive to keep it the same rather than change it. She provided a photo to show an example of the doors that currently exist. Mr. Shedlov stated that as far as affecting the flow of traffic, the area where the door is proposed is currently a parking area. There will not be big trucks coming in. They will be more like a Suburban. The proposed door is only 8 feet x 10 feet which is not set up for a large vehicle. Mr. Kuechle asked why it would be a problem to have a swing-out door versus the ove�head door if there no vehicle pulling in there. Why would that not work? Mr. Shedlov stated the tenant would like the option to pull into building if they would need to, for example, when temperatures are extremely cold. Dr. Vos asked if some of the products would be larger than regular doors. 19.06 APPEALS COMMISSION MEETING, AUGUST 26, 1998 PAGE 14 Ms. Schatz stated there may be some larger materiais if needed. Mr. Shedlov stated they try to keep everything consistent with the way the front of the building looks now. He did not know that a big glass door that is the only one would look better. They have repainted both of the buildings, are replacing all of the overhead doors, and are installing a sprinkler system to try to make the property look better. They are concerned about the appearance also. M TI N by Dr. Vos, seconded by Mr. Jones, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:42 P.M. Mr. Jones asked if this request would go to the City Council. Mr. Hickok stated, yes. The City Council would consider this request on September 14. Dr. Vos stated he would vote in favor of the request. There has been discussion about glass versus steel versus plastic. Essentially, the variance is whether you want dock doors to face the public right-of-way. In this building, he did not see a reason to deny the variancet. Glass will still be a dock door facing the nght-of-way. In their experience, he did not know if it will look better in 10 years. He is going to vote in favor of the variance and not worry about what is looks like. Mr. Jones agreed. His view is that what the actual door is may be an issue. It is a variance to put a dock door in this location. He would vote in favor of the request. Ms. Beaulieu stated the building already has two doors so there could be a stipulation to make this conform with the other two existing doors. She thought it a good idea to keep dock doors in the back. That looks better. She would vote in favor of this because there are two existing doors on that side of the building already. Mr. Kuechle stated he did not feel the petitioners have provided sufficient hardship or demonstrated the need for an overhead door. He believed their needs could be adequately met by a different type of door that would look no different than the entrance doors they already have on the building. He thought it would make the building look better. He thought they should try to achieve this. Ms. Mau agreed. She thought the overhead doors that are existing are probably not what looks best on that building now. She did not feel adding more overhead doors was the answer. M TI by Dr. Vos, seconded by Ms. Beaulieu, to recommend approval of Variance Request, VAR #98-25, by Margaret Schatz (First Industrial L.P.), to allow the construction of new unscreened loading docks adjacent to the public right-of-way ont he west 328 feet of the south 805 feet of the east one-half of the northeast 1/4 of the southeast 1/4, section 03-30-24, Anoka County, Minnesota, subject to easements 4/23/74, generally located at 7925 Beech Street. 19.07 APPEALS COMMISSION MEETING, AUGUST 26, 1998 PAGE 15 UPON A VOICE VOTE, WITH DR. VOS, MS. BEAULIEU, AND MR. JONES VOTiNG AYE, AND MR: KUECHLE AND MS. MAU VOTING NAY, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED BY A MAJORITY VOTE. Mr. Hickok stated this request would be considered by the City Council on September 14. 5. UPDATE ON PLANNING COMMISSION AND CITY COUNCIL ACTIONS: Mr. Hickok provided an update on Planning Commission and City Council actions. ADJOURNMENT: M TI N by Mr. Jones, seconded by Ms. Mau, to adjoum the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE AUGUST 26, 1998, APPEALS COMMISSION MEETING ADJOURNED AT 8:48 P.M. Respectfully submitted, � � Lavonn Cooper Recording Secretary � 19.08 , � ��3 C1TY OF FRIOLEY 6431 UNIVERSITY AVENUE FRIDLEY, MN 55432 (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT VARIANCE APPLICATION FOR: Residential X Commercial/lndustrial _ Signs PROPERTY INFORMATION: - site plan required for submittal, see attached Addfess: 7925 Beech S� � �' �� r'' �' �'�'^�� Property identification Number. Ro3 30 24 4i �nn� - Legal Description: Lot Biock Tract/Addition The west 328 : i�eet of the south 805 feet of the east one-half of the northeast 1/4 of the southeast 1 4 Section 3-30-24 Anoka Count Minnesota. Sub'ect to easement a reements 4 1� Current Zoning: M-2 Square footage/acreage: _ Reason for Variance: Dr� ve i n door ra =�i raA f r noT.. .en nt to o; PratP business. Have you operated a business in a city which required a business license? Yes No x tf Yes, wfiich city? If Yes, what type of business? Was that license ever denied or revoked? Yes No ___._____.._....,......._�........�._...____ ......_...�._.__._._.:�.,.__ �.�.�..._._.�;:�..,...� F�E OWNER INFORMATION (as it appears on the property title) (Contract purchasers: Fee owners must sign this form prior to processing) NAME: First Industrial L.P./Margaret Schatz , ADDRESS: Suite N Eden Prai e 5 DAYTIME PHONE: 943-270o SIGNATURE/DATE: PETITIONER INFORMATION NFtiviE: First Industrial L.P��a�g3re� S�1'1a�z-= -_ -=--- --- ADDRESS:7 den Tr' e Dr. Suite N• Eden Prai DAYTIME PHONE: 943-270o SIGNATURE/DATE: Section of City Code: `� FEES � Fee: $100.00 for commercial, industrial, or signs: �_ � P�� Fee: $60.00 for residential pro erties: Receipt #: 433 � Received By. Application Number. +Jhl � � ��-Z`� � Scheduled Appeals Commission Date: �� Z �� Scheduled City Council Date: � K3-� Z � 9�� 10 Day Application Complete Notification Date: =�i Z 7� � q�� 60 Day Date: ��`^�� S �� 5� 19.09 ..� � FIRST �INDUSTRIAL FIRST INDCSTRIAL REAL7Y TRCST, INC. 7615 Golden Triangle Drive Suite N Minneapolis, MN 55344 612!943-2700 Fax:612/943-8778 July 20, 1998 Mr. Paul Tatting �ity of Fi-idiey 6431 University Avenue Northeast Fridley, MN 55432 RE: Proposed Variance Ref: 7925 Beech Street Dear Paul: We are requesting variance #98-24 to allow a new tenant, Northstar Associates, to load and unload millwork materials into vehicles which are substantially lower than the existing dock height doors present at the building. Loading these materials from the existing doors may lead to employee injuries and damaged materials. There aze currently two existing drive-in- doors on the front of this building. Many adjacent buildings also have front drive-in doors. We share your concern for the visual appeal of commercial properties and have recently painted both buildings on this property and are in the process of having all existing overhead doors replaced. Sincerely, Asset MES/jf INDUSTRIAL REALTY TRUST, INC. �y�.; Q�� '\�.; ;t'E.1 Schatz 19.10 81 AVE NE 7'9 VW4Y PE � � z � � Znning Desig�a6ors: � � i�1 - Q�e Farrily Urtits i 0 1�2 - Two Farrily Urits ' � R 3- General Mitiple lkrts 0 F�4 - AAobile Horne Parks ; � PUD - Plarcied Unt De+Rloprr�ent ; s s, - �yd� � �sr,�ornood ; 0 s2 - �a� a�a 0 G1 -L�ocalBusiness 0 G2 -Gaieral Bisiness j � G3 - G�ener'al Shopping ; � c� - c�,� afioe � nM'I - Light tnd�atria� 0 W42 - Heavy Irxlustrial � _ M3 - Qtdoar Irten^.+ive Heavy Ind � � RR - Railroeds � P - Rblic Facilities vuAr� � wc�{r� vuo,Y Unscreened Loading Dock Petitioners: N�rgaret Schatz. & lst Ina�ustrial L.P. v��e, v� #9s Zs Zoning.• 11�2, Heavy Ina�ustrial 7925 Beech St�eet NE N � �� w� E � OF S j �'jT Date: 0%/24/199g � .� jl compaed and dran�, tron, offiaal reoa+ds tiaa : «, o�,oe ra. �o �,a zori� � � a�oe �rrr�s �o�tr,�w�n, �u � anoes adopbed ar�d effective as of ?J7 /97. ;- •-_� Tt,e �ly oF Friaey r,as take�, e,�y effort �o� ��, :vide the most uEr�o-daie inforrrdion availabl� �'1@ �8 ��Bd hEf@ IS Sl��d tiD The Gty of Fridey wll not be respo►�11e for �ria+eseen errors or usage d this doair� � .: ,:-;..:;, . .';:, f/.. \ .t � — // � 3O � Lv�rir. � . i� � � i, ` 7 � � � � � � � I � � � � I �= �I , 0 �' � J � , �� I .: �I � 7 �� -, r. � W W • - �i ,. ► �/'- i I 7 lY i= r• � }'''' � r �� I � �1 � g' d . � z � 2 � -, � f ,� 3 � ,� � �I ' , ,� ,. � Z �l } � ' t �° J K .� �{ � +�°i �7 � i c r � r v . � w.ta� �RVv O � U i i � � ;� o O� LL z I u — — � ' � �C � E— � �� 0 � i � �d tlr� �,� ♦ � �_-�-.,� _ � — �- - � ��-� .`e'c`'_.`:L � !- -� � ». •�. � OVERHEAD DOOR �� i .� ; � I .r � I �- s j ,j � I�� i : 1 ( , I ;i _ i ` ( � I . 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