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09/13/1999 - 4660� unoF FRlOLEY FRIDLEY CITY COIINCIL MEETING ATTENDENCE SHEET Monday, September 13, 1999 7:30 P.M. PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU`ARE INTERESTED IN PRINT NAME (CLEARLY) ADDRESS � � ITEM NUMBER �_'�.ulY �r1C� ��CEY`c 1-��. ;���-v� �rciol� / rt �%Vc�� � � .� � ,.__ � , � . . �� � � ,., - 4,�- _ .. , t� ,_ I � rt C� �,-�,�� � � .� � „i �.. Y: .� a ,,� �...,�j�: �,. � � �' '�Y" � , �� �,. � ; � '� � � � _:: ;�J , - - - �� S ,�l> !�� �� �� f1% ' � �' = ��� � �.:w � � �'.:�-�->�,,� '�� /�" '� ,�, � �� �` � � (� `� � � .> � / � l��iL y ir�� � n A _i �, �v1 - --,�� � �'S U C�-- �, C n..� - �( ' �" � �a c�2'c t� -(-c�—•-c. �� L) �-z'—vr-� / �,. '� '1%�' � 1 V �� � .. ���c; ✓��C�SGn �.lvl �y„c�: .V,v'v� �J ���� � ,v,.-� ��J G ���' /�� � �--r �,� �� , � — ` 2 s� 0 '� � c.t �o �: � �` . �� � L� � r'�- �C1 � � �- � R i� t' � j� C� /'T'JL-- ri�ic-�' L+�—��lz- :, sZ„� %1 , -�j� (,t,�' '( v� � tt��—' ,� ti' -:-C° ( ���/ � '' � / � - :�CJ ���%._ ; �',.,�.�,; 5�` ;�%•� ' � t�'"k� �3�, o �' ,�,�� 7 ��,�t��� 5� . �€ � � � `. � � a . �� �f � �! ��j � .> V '-�s �(�' {� 1' e� � � CITY COUNCIL MEETING OF SEPTEMBER 13, 1999 UfY OF FRIDLEY The City of Fridley will not discriminate against or hazass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. APPROVAL OF MINUTES: City Council Meeting of August 23, 1999 APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: 1. Second Reading of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Making a Change .in Zoning Districts (Rezoning Request, ZOA #99-03, by Tom and Dave Gonyea and Anderson Trucking, Inc., Generally Located at 1290 Osborne Road N.E.) (Ward 2) ........... 1- 2 2. Second Reading of an Ordinance Recodifying the Fridley City Code by Amending Appendix F to Provide for the Adjustment of Salaries for the Mayor and Councilmembers in Accordance with Section 2.07 of the Charter of the City of Fridley .......................... 3- 4 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 13,1999 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 3. Receive the Pianning Commission Minutes ofSeptember 1, 1999 ................................................................... 5- 15 4. Special Use Permit, SP #99-08, by Michael Boldenow, Allina Unity Hospital, to Allow a Proposed Second Story Expansion to be Added to Unity Hospital to Accommodate the ICU, Generally Located at 550 Osborne Road N.E. (Ward 1) ................................................................................ 16 - 24 5. Approve a Proposed Amendment to the West Moore Lake Commons Comprehensive Sign Plan(Ward 2) ............................................................................... 25 - 29 6. Establish a Public Hearing for October 11, 1999, to Revoke Special Use Permit, SP #89-14, for Chopper City Sports, Generally Located at 7191 Highway 65 (Ward 2) ........................................................... 30 - 38 7. Resolution Calling for a Public Hearing on October 11, 1999, on the Modification of the Redevelopment Plan for Redevelopment Project No. 1 and the Tax Increment Financing Plans for Tax Increment Financing Districts Nos. 1 through 3, 6, 7 and 9 through 16, to Reflect Enlargement of the Project Area and Increased Project Costs to be Undertaken Within Redevelopment Project No. 1 and the Extension of the Duration of Tax Increment Financing District No. 6 Pursuant to a SpecialLaw .................................................................................. 39 - 42 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 13,1999 PAGE 3 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 8. Resolution Electing to Continue Participating in the Local Housing Incentives Account Program Under the Metropolitan Livable Communities Act for the Calendar Year 2000 ................................ 43 - 45 9. Resolution Amending the Transportation Chapter of the Comprehensive Plan Regarding a Traffic Concern on Trunk Highway65 ................................................................................... 46 - 47 10. Resolution Ordering the Removal or Repair of a Hazardous Building, Pursuant to Minnesota Statutes Section 463, Located Within the City of Fridley, Minnesota (532 Janesville Street (Ward 3) ............................................................ 48 - 51 11. Approve Reallocation of 1999 CDBG Funds ................................ 52 12. Approve Animal Control Contract Befinreen the City of Fridley and Brighton Veterinary Hospital ........................... 53 - 57 � FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 13,1999 PAGE 4 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 13. Receive Bids and Award Contract for the Purchase of a New Point of Sale Inventory ManagementSystem .................................................................... 58 14. Receive Bids and Award Contract for Project No. 326, Liquor Store Parking Lot Improvements ...................................................................... 59 - 60 15. Claims ....................................................................................... 61 16. Licenses ....................................................................................... 62 - 66 17. Estimates ...................................................................................... 67 - 74 ADOPTION OF AGENDA. OPEN FORUM, VISITORS: (Consideration of Items not on Agenda - 15 Minutes) FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 13,1999 PAGE 5 PUBLIC HEARINGS: 18. Proposed Assessment for the Osborne Road Improvement Project No. ST. 1994-5 (Old Central to Stinson Boulevard) (Ward 2) ........................................... 75 - 76 19. Proposed Assessent for the 57�h Avenue . Street Improvement Project No. ST. 1997-4 ................................... 77 - 78 �; OLD BUSINESS: 20. Special Use Permit, SP #99-04, by Jeffrey Vogel, Grace Evangelical Free Church, to Expand the Educational, Administrative, and Gymnasium Space of the Church, Generally Located at 755 — 73�d Avenue N.E. (Tabled July 26, 1999) (Ward 1) ................................................................... 79 - 80 NEW BUSINESS: 21. Special Use Permit, SP #99-07, by Michael McPhillips, to Allow a Ten-Foot Curb Cut to Access an Accessory Building, Generally Located at 291 Sylvan Lane (Ward 1) g� gg r ............................................. - . . 22. Resolution Adopting Assessment for Osborne Road Improvement Project No. ST. 1994-5 (Old Central to Stinson Boulevard) (Ward 2) ........... - ......................... 87 91 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 13,1999 PAGE 6 NEW BUSINESS (CONTINUED): 23. Resolution Adopting Assessment for 57tn Avenue Street Improvement Project No. ST. 1997-4 ...................................................................................... 92 - 95 . 24. Informal Status Reports ................................................................... 96 ADJOURN. 1 f f FRIDLEY CITY COUNCIL MEETING OF SEPTEI��BER 13, 1999 �� J GaP� �: 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. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should, con act Roberta Collirys at 572-3500 at least one week in advance. (TTD/572-3534) [-i z�,',�tQ, uc�.1 i� rl�c u.�-�it 5�e c-i n t'i � P,-c.�c-...-G-�-c.�- �( �tr�u-t 5 PLEDGE OF ALLEGIANCE. APPROVAL OF MINUTES: City Council Meeting of August 23, 1999 �� ��.� �tt�� GlS ./.� APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: j��,�j ��� ��,,� Second Reading of an Ordinance to Amend the City Code of the City of �I 3� Fridley, Minnesota, by Making a Chang in Zoning Districts (Rezoning Request, ZOA #99-03, by Tom and Dave Gonyea and Anderson Trucking, Inc., Generally Located at 1290 Osborne Road N.E.) (Ward 2) ......................................... 1 - 2 P��-- ; �, 1� S{-, P � ��` O��Q`aJ 2. Second Reading of an Ordinance Recodifying the Fridley City Code by Amending Appendix F to Provide for the Adjustment of Salaries for the Mayor and Councifinembers in Accordance with Section 2.07 of the Charter of the City of Fridley ....................... . 3- 4 ���. � ��3z NEW BUSINESS: 3. Receive the Planning Commission Minutes of September 1, 1999 ............t\�.�� 5- 15 � APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 4. Speciai Use Permit, SP #99-08, by Michael Boldenow, Allina Unity Hospital, to Allow a Proposed Second Story Expansion to be Added to Unity Hospital to Accommodate the ICU, Generally Located at 550 Osborne Road N.E. (Ward 1) ..................................... 16 - 24 �� o� 5. Approve a Proposed Amendment to the West Moore Lake Commons Comprehensive Sign Plan (Ward 2) ....... ............................. 25 - 29 � g�-��� � 6. Establish a Public Hearing for October 11, 1999, to Revake Special Use Rerr��t, �P �89-14, for Chopper City Sports, Generally Located at 7191 Highway 65 (Ward 2) ................ 30 - 38 � Pf�'�� 7. Resolution Calling for a Public Hearing on October 11, 1999, on the Modification of the Redevelopment Plan for Redevelopment Project No. 1 and the Tax Increment Financing Plans for Tax Increment Financing Districts Nos. 1 through 3, 6, 7 and 9 through 16, to Reflect Enlargement of the Project Area and Increased Project Costs to be Undertaken Within Redevelopment Project No. 1 and the Extension of the Duration of Tax Increment Financing District No. 6 Pursuant to a Special Law ................................. 39— 4 � � �� �l 9 � � G ? FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 13,1999 PAGE 2 APPROVALOFPROPOSED CONSENT AGENDA: APPROVALOFPROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): NEW BUSINESS (CONTINUED): 8. Resolution Electing to Continue Participating in the Local Housing Incentives Account 14. Receive Bids and Award Contract for Program Under the Metropolitan Livable Project No. 326, LiquorStore Parking Communities Act for the Calendar Year Lot Improvements .......................... 59 - 60 2000 ......................................... 43 - 45 �`� �,��. (o6-l9qq a�4 �� ; �� 9. Resolution Amending the Transportation Chapter of the Comprehensive Plan Regarding a Traffic Concern on Trunk Highway 65 ........................................ 46 - 47 ��• �9q°I 10. Resolution Ordering the Removal or Repair of a Hazardous Building, Pursuant �( to Minnesota Statutes Section 463, Located J Within the City of Fridley, Minnesota (532 Janesville Street (Ward 3) ................. 48 - 51 ��-�qqg 11. Approve Reallocation of 1999 CDBG Funds........................................ 52 12. Approve Animal Control Contract Between the City of Fridley and Brighton Veterinary Hospital ......................................... 53 - 57 13. Receive Bids and Award Contract for the Purchase of a New Point of Sale Inventory Management System .........:.............. 58 15. Claims .......................................... 61 16. Licenses .......................................... 62 - 66 17. Estimates .......................................... 67 - 74 ADOPTION OF AGENDA. �'� �5 � GY�.. � � OPEN FORUM, VISITORS: (Consideration of Items not on Agenda - 15 Minutes) PUBLIC HEARINGS: 18. Proposed Assessment for the Osborne Road Improvement Project No. ST. 1994-5 (Old Central to Stinson Boulevard) (Ward 2) .. 75 - 76 � g�� g �.,�' � a�� �: v � �,�'`� f�C� �a� �%1(� ��►^"., . FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 13,1999 PUBLIC HEARINGS (CONTINUED)• NEW BUSINESS (CONTINUED): 19. Proposed Assessent for the 57th Avenue 24. Informal Status Reports . Street Improvement Project No ST . PAGE 3 .� 1997-4 ........ 77 - 78 ,w �� c�l,� W`'`-�-�`� ,L� ............... j� �� S� 5-�--��"� $;1 �% U d�"` aS °�- S� ov� (��-.� . �- j!� �'J � � ✓-kv�.v��so�� '�I�.S� � �e� ,� ���� ,�,✓►ADJOURN. � � � f �� ��DsQ- g';��P� )d� �� �,� ,�� -� � � � ��� �,/�,� �� �� OLD BUSINESS: 1 � 20. Special Use Permit, SP #99-04, by Jeffrey �iV� �.Ud� Q� 1�-�'�"' °�' � ����� U� � Vogel, Grace Evangelical Free Church, to �$ ��� d 0� Expand the Educationai, Administrative, and �� � L Gymnasium Space of the Church, Generally � � '� � `S Located at 755 — 73� d Avenue N.E. (Tabled ��"�'��� � July 26, 1999) (Ward 1) ........................ 79 - 80 �� �� I i�-`�-� ci�'`," "-� _ 1�' � c��" �%-O c-� �'' (� �.v V�91 e� n� / rt � � f° v�- � ;K.,1.r� ,S�n.A'�) �- re'U � .�t,�1� � � � .� 1 �fL�- � � ` 3 f ► �-�-�. �. � ��"'"� ��" ►�0 �` `T �ns�ri- a��l-�e� r►� ,� ��� sS ua.v� �- -� to u� ( d il� � ` 1f� 1� , �� S a��D �� Q b_ ���.�' �.�-� ��-► I G ` 7�' S �� f a V a�, � I�-S l�-� �- � I w�-� �. r ss � r� NEW BUSINESS: / , _ _ �_ /':.L _ . �i•-�-��f�lO,r.�t. \ 21. Special Use Permit, SP #99-07, by Michael `�- `��N ��� --------- '- r?� --�'�--a.c_c.e_�s � ;��c McPhillips, to Allow a Ten-Foot Curb Cut to � _ 8 �1 �S� a Access an Accessory Building, Generally �— Located at 291 Sylvan Lane (Ward 1) .. 81 - 86 �j j,,� ,�/� ( SS i a� � g w / ��1' ��' � D✓�5 _ � -{ � �„� w..t�"�C� � ✓�' �% Iy�.N'K , ✓l cn �.� ,iI/1 Gl� �;e,,�o.� P► ��PPa� t�°'�°-f aP���-- �---`�� U /` � �; � � �i e✓e.�;.w C�-t,�-'} l�+�t�•'' �'1-t,' S vv�.i }- cS�l.4�.� L � . �-t� � � � 6�- cJ P � (.�S-� o� °u-p � �,�,�s S r[� �l`P-� i C�:t �o rPl�_ i✓t G��S.S 6�� S�'�'uL'-�-i'�--' 22. Resolution Adopting Assessment for Osborne Road Improvement Project No. ST. 1994-5 (Old Central to Stinson Boulevard) (Ward 2) ................................ ............ 87 — 91 Q (�,� � �3�- -�-o �b �.(.. 1` �� °�S�" ,. -' 23. Resolution Adopting Assessment for 57�h Avenue Street Improvement Project No. ST. 1997-4 ............................................ 92 - 95 P'�' �� �,�1 � � ��--� � ��-���� THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF AUGUST 23, 1999 The Regular Meeting of the Fridley City Council was called to order by Mayor Jorgenson at 7:36 p.m. PLEDGE OF ALLEGIANCE: 1Vlayor Jorgenson led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: Members Present: Mayor Jorgenson, Councilmember Barnette, Council- member Billings, Councilmember Wolfe, and Councilmember Bolkcom Members Absent: None STATEMENT OF MEETING CONDUCT: Mayor Jorgenson explained that the City Council has adopted this statement of meeting conduct for every meeting to remind all participants of the desired behavior City Council needs to effectively complete their meetings. Mayor Jorgenson read the following: Please be reminded that those present at today's meeting may hold a variety of views and opinions regarding the business to be conducted. The exercise of democracy through representative local government requires that ALL points of view be accommodated at these proceedings. It is further expected that a standard of mutual courtesy and respectfulness be exercised by all in attendance, through our individual expression, manner of speaking, and conduct. Therefore, please receive the views of others with the same degree of courtesy and respect which you desire to be given your views and opinions. Any departures from this standard will be addressed by the Presiding Officer through whatever means are deemed appropriate. Mayor Jorgenson thanked the audience for their attendance at today's meeting, and for their agreement to abide by these standards of personal conduct. PROCLAMATION: Constitution Week: September 17 - 23. 1999 Mayor Jorgenson stated that Constitution Week will be September 17 - 23, 1999. THE FRIDLEY CITY COUNCIL MEETING OF AUGUST 23� 1999 PAGE 2 Nlayor Jorgenson urged all residents to study the Constitution and reflect on the privileges of being an American with all the rights and responsibilities with which that privilege involves. APPROVAL OF MINUTES: Citv Council Meeting Minutes of Aug�sust 9, 1999: Councilmember Bolkcom stated that on page 27, paragraph 3, the amount stated for the Stonybrook Project pertaining to homeowners' assessed fees should be $2,000 rather than the printed $1,000. MOTION by Councilmember Barnette to approve the regular City Council meeting minutes of August 9, 1999 as corrected. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS: 1. ORDINANCE NO. 1131 UNDER SECTION 12.06 OF THE CITY CHARTER DECLARING CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZING THE SALE THEREOF(LOTS 9 AND 10, BLOCK N, RIVERVIEW HIEGHTS )(WARD 3): Mr. Burns, City Manager, explained that the ordinance was being processed at the request of the neighboring property owner at 571 79th Way. Since the City acquired this property as tax forfeit property, the City Attorney recommended that the City convey it through the Housing and Redevelopment Authority (HRA). If Council approves it, a deed would be conveyed to the HR,A. They, in turn, would be asked to conduct a public hearing and to authorize the conveyance to the owner of 571 79th Way. Staff recommended Council's approval. WAIVED THE SECOND READING, ADOPTED ORDINANCE NO. 1131 AND ORDERED PUBLICATION. NEW BUSINESS: 2. RECEIVE THE PLANNING COMMISSION MEETING MINUTES OF AUGUST 4, 1999: � Mr. Burns, City Manager, explained that this was a consideration of a motion to receive the Planning Commission meeting minutes of August 4, 1999. THE FRIDLEY CITY COUNCIL vIEETING OF AUGUST 23 1999 PAGE 3 RECEIVED PLANNING COMMISSION MEETING MINUTES OF AUGUST 4, 1999. Mr. Burns, City Manager, explained this was consideration of a motion to receive the Appeals Commission Meeting Minutes of August 11, 1999, was placed in error and may not be considered. 3. RECEIVE THE PLANNING COMMISSION MEETING MINUTES OF AUGUST 11, 1999: THIS ITEM WAS REMOVED FROMTEH AGENDA. 4. SPECIAL USE PERMIT REQUEST, SP #99-05. BY JIM BARTOW TO ALLOW CONTINUED MAINTENANCE OF A SECOND DETACHED ACCESSORY STRUCTURE. GENERALLY LOCATED AT 6291 CENTRAL AVENUE N.E. (WARD 2Z Mr. Burns, City Manager, explained that the petitioner, Mr. Jim Bartow, was one of two potential buyers of property located at 6291 Old Central. A special use permit was previously granted for this second structure. The owner, however, did not abide by stipulations attached to the permit. Council subsequently revoked the permit in February of this year. Since then, Cherokee State Bank in West St. Paul acquired the property through a sheriffs sale. The prospective buyer, Mr. Bartow, has agreed to reroof and reside the structure within a week of closing on the property. The Planning Commission has agreed to the request with nine stipulations. Staff recommended Council's approval. APPROVED SPECIAL USE PERMIT #99-05 BY WITH THE FOLLOWING STIPULATIONS: 1) ALL GRADING, DRAINAGE, AND DOWNSPOUT LOCATIONS SHALL BE DISIGNED IN A MANNER TO PREVENT DETRIMENTAL RUNOFF IMPACTS TO ADJACENT PROPERTIES; 2) ALL NECESSARY PERMITS SHALL BE OBTAINED FROM THE CITY PRIOR TO CONTRUCTION, 3) THE STRUCTURE SHALL NOT BE USED FOR A HOME OCCUPATION; 4) ALL VEHICLES SHALL BE STORED ON A HARD SURFACE AS APPROVED BY THE CITY; 5) THE SIDING AND ROOFING MATERIALS SHALL MATCH THE EXTERIOR OF THE EXI5TING HOME; 6) LANDSCAPING OF THE LOT, SUBEJCT TO CITY STAFF APPROVAL, SHALL BE COMPLETED; 7) AN OVERHEAD GARAGE DOOR, MATCHING THE GARAGE DOOR OF THE ATTACHED GARAGE SHALL BE INSTALLED, 8) A LETTER OF CREDIT OF $20,000 SHALL BE SUBMITTED PRIOR TO ISSUANCE OF A BUILDING PERMIT TO ENSURE TIMELY COMPLETION OF THE PROJECT; 9) FAILURE TO COMPLETE THE IMPROVEMENTS BY NOVEMBER 1, 999, SHALL CONSTITUTE A BASIS FOR THE FRIDLEY CITY COUNCIL MEETING OF AUGUST 23 1999 PAGE 4 ESTABLISHING A PUBLIC HEARING TO REVOKE THE SPECIAL USE PERMIT. 5. SPECIAL USE PERMIT RE�UEST, SP #99-06, BY ROGER FRANK, FOR A SECOND ACCESSORY BUILDING OVER 240 SQUARE FEET TO BE USED A AS A GARAGE GENERALLY LOCATED AT 5512 FILLMORE STREET N.E.(WARD 2): Mr. Burns, City Manager, explained that the property was located at 5512 Fillmore Street. The request was for a structure that was built in 1984 without the required special use permit. The current owner had the property on the market and he asked to clear up the discrepancy. The Planning Commission approved the issuance of the permit at their August 4 meeting with seven stipulations. Staff recommended Council's approval. APPROVED SPECIAL USE PERMIT REQUEST, SP #99-06 WITH THE FOLLOWING STIPULATIONS: 1) THE SUBJECT GARAGE SHALL BE PROPERLY REPAIRED SO THAT ALL SURFACES ARE CLEAN AND WELL MAINTAINED IN APPEARANCE. THE TAR WILL HAV� TO BE REMOVED BEFORE REPAINTING IN ORDER TO ACHIEVE THE DESIRED APPEARANCE; 2) THE SUBJECT GARAGE SHALL NOT BE UTILIZED FOR HOME OCCUPATION PURPOSES. NO HOME OCCUPATION SHALL EXIST WITHIN, AND NO STORAGE RELATED TO A HOME OCCUPATION WITHIN THE HOME SHALL BE PERMITTED; 3) THE HARD SURFACED DRIVE SHALL BE REPAIRED AND CONSISTENTLY MAINTAINED; 4) THE 11 FOOT BY 24 FOOT SINGLE STALL GARAGE BENEATH THE PRINCIPLE STRUCTURE SHALL BE FINISHED AS LIVING SPACE PRIOR TO SALE OF PROPERTY OR NOVEMBER 1, 1999, WHICH EVER COMES FIRST; 5) A PERMIT SHALL BE OBTAINED PRIOR TO THE "FINISHING-OFF" OF THE 11 FOOT BY 24 FOOT GARAGE AS LIVING SPACE; 6) A BOND IN THE AMOUNT OF $10,000 SHALL BE GIVEN TO THE CITY TO ASSURE THAT ALL CLEAN-UP AND BUILDING MODIFICATIONS OCCUR PRIOR TO NOVEMBER 1, 1999 OR THAT THE CITY HAS ADEQUATE DEMOLITION FUNDS IF THESE STIPULATIONS ARE NOT ADDRESSED; 7) THE 26 FEET by 30 FEET FLAT-ROOFED DETACHED GARAGE SHALL BE REMOVED FROM THIS SITE BY JANUARY 1, 2000 FOR FAILURE TO COMPLY WITH STIPULATIONS 1 THROUGH 6 OF THIS APPROVAL. 6. VARIANCE REQUEST, VAR #99-15, BY ALLTEMP DISTRIBUTION COMPANY TO ALLOW UNSCREENED LOADING DOCKS ADJACENT TO THE PUBLIC RIGHT-OF-WAY GENERALLY LOCATED AT 5400 MAIN STREET N E. (WARD 3): Mr. Burns, City Manager, explained that the variance would allow the ___ - _ - THE FRIDLEY CITY COUNCIL MEETING OF AUGUST 23 1999 PAGE 5 petitioner to build a 170 foot by 180 foot addition. Staff determined that since the doors face I-694 they should be screened from view by grade separation and existing vegetation. Since the petitioner has greed to complete all required paving, curbing, and landscaping within five years, staff recommended that the variance be granted. The Planning Commission approved the variance with four stipulations at their August 11 meeting. Staff recommended Council's concurrence. APPROVED VARIANCE REQUEST, VAR #99-15 WITH THE FOLLOWING STIPULATIONS: 1) PETITIONER COMPLETE ALL PAVING, CURBING, GUTTERING, AND LANDSCAPING TO THE APPROVAL OF CITY STAFF WITHIN FIVE YEARS OF THE ISSUANCE OF THE VARIANCE, OR VARIANCE SHALL BECOME NUL AND VOID; 2) PETITIONER GRANT A 17 FOOT BIKEWAY/WALKWAY EASEMENT ACROSS THE EASTERNMOST EDGE OF PROPERTY, IN THE EVENT THAT AN OFF STREET BIKEWAY/WALKWAY IS CONSTRUCTED ALONG MAIN STREET; 3) ALLTEMP TO PAY ANY ASSESSMENTS ASSOCIATED WITH FUTURE OFF-STREET BIKEWAY/WALKWAY PATH ALONG MAIN STREET; AND 4) PETITIONER SHALL FILE LETTER OF INTENT WITH ANOKA COUNTY RECORDER TO PROVIDE NOTICE FOR FUTURE OWNERS OF PROPERTY. 7. RESOLUTION NO. 60-1999 CONSENTING TO THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF FRIDLEY MINNESOTA ADOPTING A 1999 TAX LEVY COLLECTIBLE IN 2000: Mr. Burns, City Manager, explained that the HRA uses this levy to support its Single Family Housing Rehabilitation Loan Program. It is equal to .0144 percent of the City's taxable market value and produces between $185,000 and $200,000 annually. The HR.A adopted a similar resolution at their August 5 meeting. Staff recommends Council's concurrence. ADOPTED RESOLUTION NO. 60-1999. 8. FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE BY AMENDING APPENDIX F TO PROVIDE FOR THE ADJUSTMENT OF SALARIES FOR THE MAYOR AND COUNCILMEMBERS IN ACCORDANCE WITH SECTION 2.07 OF THE CHARTER OF THE CITY OF FRIDLEY: Mr. Burns, City Manager, explained that this legislation provides a five percent (5%) salary increase for the Mayor and Council. By this legislation salaries would be raised to the following levels of salaries per year: THE FRIDLEY CITY COUNCIL MEETING OF AUGUST 23, 1999 PAGE 6 Mayor $8,820 Councilmember-at-Large $7,245 Ward Councilmembers $6,405 This is the first salary increase for the Mayor and Council since 1991. Staff recommended Council's approval. WAIVED THE READING AND APPROVED THE ORDINANCE ON FIRST READING. 9. RESOLUTION No. 62-1999 ADOPTING A"PROPOSED" BUDGET FOR THE FISCAL YEAR 2000: Mr. Burns, City Manager, explained that Minnesota State Statutes require that the City's budget be submitted to the County Auditor by September 15. The budget for all budgeted funds is $13,988,218, or 6.8 percent less than the amount budgeted for 1999. The decrease was primarily attributable to the absence of the Riverview Heights Street Improvement Project. The General Fund budget was $11,524,654, or 4.1 percent greater than the budget for 1999. About three-fourths of this increase reflects increased costs for salary and fringe benefits, including those attributable to an additional police officer. Staff plans to provide a more detailed analysis of the year 2000 budget at the budget hearing in early December. The budget is not considered final until the hearing has been held and a resolution supporting the budget has been approved at the meeting following the hearing. The budget before Council allows for the establishment of the year 2000 property tax levy, which may be lowered but not raised in December. Staff recommended Council's approval of the proposed budget. ADOPTED RESOLUTION NO. 61-1999. 10. RESOLUTION NO. 62-1999 CERTIFYING "PROPOSED" TAX LEVY REQUIREMENTS FOR 2000 TO THE COUNTY OF ANOKA: Mr. Burns, City Manager, explained that this resolution was also in conformance with Minnesota State Statutes that require submittal of the budget and tax levy to the County Auditor before September 15. The City's recommended levy for 2000 was $4,035,671. The amount was essentially the same levy that has been approved for the past five years. It assumes franchise fee revenues of $650,000. It also assumes the use of $468,846 in General Fund reserves and the transfer of $432,900 from the Liquor Fund and the Closed Debt Service Fund. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 62-1999. THE FRIDLEY CITY COUNCIL MEETPIG OF AUGUST 23 1999 PAGE 7 11. APPOINTMENT CITY EMPLOYEE: Mr. Burns, City Manager, explained that staff recommended approval of the appointment of Dale Warren to the position of CSO Coordinator. Mr. Warren has been with the Anoka County Sheriffs Office for eleven years, first as a volunteer Special Deputy and then as a Community Service Officer. Mr. Warren has also worked as Operations Manager for Chase Security and as a Senior Environmental Technician for Alliant Tech Systems. Mr. Warren has received an honorable discharge from the United States Army and the Minnesota National Guard. He was also a certified EMT. APPROVED APPOINTMENT OF DALE WARREN TO THE POSITION OF CSO COORDINATOR,. 12. CLAIMS: APPROVED PAYMENT OF CLAIM NOS. 88706 THROUGH 88957. 13. LICENSES: APPROVED LICENSES AS SUBMITTED. 14. ESTIMATES: APPROVED ESTIMATES AS FOLLOWS: Carl J. Newquist, Esq. Newquist & Ekstrum, Chartered 301 Fridley Plaza Off'ice Building 6401 University Avenue N.E. Fridley, MN 55432 Services Rendered as City Prosecuting Attorney for the Month of June, 1999 $ 17,964.00 Bituminous Roadways, Inc. 2825 Cedar Avenue South Minneapolis, MN 55407 1999 Street Improvement (Sealcoat) Project No. ST. 1999 - 10 FINAL ESTIMATE $167,800.65 Ron Kassa Construction 6005 — 250th Street East Elko, MN 55020 THE FRIDLEY CITY COUNCIL MEETING OF AUGUST 23 1999 PAGE 8 1999 Miscellaneous Concrete Curb and Gutter and Sidewalk Project No. 322 Estimate No. 5 $ 6,839.71 Nlayor Jorgenson asked if there were any questions from the public on any of the items. No persons in the audience spoke regarding the proposed consent agenda. MOTION by Councilmember Bolkcom to approve the consent agenda. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNArTIMOUSLY. ADOPTION OF AGENDA: MOTION by Councilmember Barnette to adopt the agenda with the addition of an item as follows: RESOLUTION NO. ??-1999 AMENDING AND RESTATING THE JUNE 28, 1999 RESOLUTION PROVIDING FOR THE I�SUANCE AND SALE OF SENIOR HOUSING PROJECT, ON BEHALF OF MINNESOTA CHRISTIAN HOMES OF FRIDLEY, INC. TO PROVIDE FOR AN INCREASE OF THE PRINCIPAL AMOUNT OF THE BONDS. Seconded by Councilmember Wolfe, to approve the adoption of the agenda. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON PROPOSED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM VISITORS: Mayor Jorgenson invited members of the public to come forward to address any items not on the agenda. Ms. Christine Gerrety, 1051 67th Avenue, presented a thank you card and note on behalf of all the neighbors around Meadowlands Park, to the Mayor and Council for taking care of the Canadian thistles in Meadowlands Park. PUBLIC HEARING: 15. PUBLIC HEARING ON A REZONING REQUEST, ZOA #99-06, BY TOM AND DAVE GONYEA AND ANDERSON TRUCKING, INC., TO REZONE THE PROPERTY FROM M-4, MANUFACTURING ONLY, TO M-1 LIGHT INDUSTR4IAL TO ALLOW THE CONSTRUCTION OF A THE FRIDLEY CITY COUNCIL MEETING OF AUGUST 23 1999 PAGE 9 MULTI-TENANT INDUSTRIAL OFFICE COMPLEX GENERALLY LOCATED AT 1290 OSBORNE ROAD N.E. (WARD 2): NIOTION by Councilmember Barnette to waive the readrng of the public hearing notice and open the public hearing. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY, AND THE PUBLIC HEARING WAS OPENED AT 7:52 P.M. l�Ir. Hickok, Planning Coordinator, explained that this is a rezoning request by Tom and Dave Gonyea for the property generally located at 1290 Osborne Road. The Gonyeas are seeking to rezone the property located at the corner of Osborne Road and Central Avenue. The current zoning was M-4, Manufacturing Only. The requested zone was M-1, Light Industrial. The purpose of their request was to allow for construction of a 39,406 square foot office warehouse building. Mr. Hickok said that this plat, was originally platted in 1969, and replatted in 1993. The replat coincides with the development of Voigt Bus Company. In 1997, the property was rezoned from M-1, Light Industrial, to M-4, Manufacturing Only, to assure that the remaining industrial parcels were preserved for manufacturing to protect the surrounding neighborhoods from heavy truck traff'ic and to insure compatibility with the surrounding development. Mr. Hickok said that this proposal would place a building whose office to warehouse ratio is 55 percent office, and 45 percent warehouse. The building would be through designed with a substantial building depth. There are 14-foot doors and 16 through 20 clear heights as opposed to nearly 30 foot clear heights that most warehouse buildings have. The overhead doors are concealed in a crescent shape on the west of the building. The docks are designed in a way that they supplement the warehouse and make the office/warehouse attractive and discourage heavy warehouse tenants who would be looking for through-docks for trans-shipments. Mr. Hickok continued by adding that the building has an office appearance and parking for vehicles along Osborne Road and Central Avenue. Trucks cannot circulate around the building without a mix of passenger vehicle traffic and large vehicle traffic. Materials facing Osborne Road and Old Central Avenue consist of two different rock-face block and glass entries. Staff recommended that the banding pattern be mimicked on the back of the building. Mr. Hickok stated that heavier emphasis on office space and required parking and such would encourage manufacturing-type industries to occupy the space within. The site currently has a hard-surface coverage of 91 percent. The petitioners indicated that their civil engineering analysis shows a hard surface coverage of 85 percent. They are working on their storm-water ponding solution related to that 85 percent hard surface coverage. Simultaneous to this rezoning request the petitioner has requested a 10 foot variance to allow the building to exist 90 feet from the THE FRIDLEY CITY COUNCIL MEETING OF AUGUST 23, 1999 PAGE 10 Central Avenue right-of-way rather than the required 100 feet. A lot split request by Anderson Trucking would allow the westernmost 45 feet of the existing developmenx parcel to be sold to the adjacent property owner. The Planning Commission recommended approval of this with nine stipulations. Staff recommended Council's approval. Mayor Jorgenson asked if the residential neighborhood was notified of the public hearing. Mr. Hickok stated that was correct. Councilmember Barnette asked what the typical tenant would be. Mr. Hickok stated that high-tech industry was desired; however, at this point it was difficult to know for sure. Councilmember Bolkcom asked what would prevent someone from using the building for the uses of the previous zoning in the future. Mr. Hickok stated that the building design accommodates a large manufacturing user for the entire building. A future owner could create the manufacturing use but one of the other points of this building was that manufacturing tenants are often looking for spaces like this. When companies are making the transition to a larger space this gives them potential for office use and would meet the manufacturing needs. The likelihood of the building reverting back to its previous zoning would be too costly and would take very serious modifications. The front parking was not conducive for semi-truck maneuvering. Councilmember Bolkcom stated that the residents living nearby could be reassured that heavy truck traffic would be minimal because of the way the building was designed. Mr. Hickok stated that the stipulations tie the building closely to the approval and state that the May 4, 1999 plan shows the building designs are a requirement for approval. The building design was similar to some of the office/industrial seen along the west side of University Avenue past Columbia Arena. The lot split stipulation stated that the landscaping berm would be approved by the City. Mr. Hickok saw the lot split as an opportunity for Voigt Bus Company to get some badly needed landscaping on their site. Mr. Dave Gonyea, petitioner, stated that one possible tenant would be a manufacturer of Medtronic, Inc. parts. The Gonyeas would not be doing any manufacturing, and would need fifty percent (50%) warehouse and fifty percent (50%) office to store some parts. The building really would not work for a trucking type operation but would be more conducive for more technical users. The berm would involve pine trees along the property line adjacent to Voigt Bus Company. THE FRIDLEY CITY COUNCIL MEETING OF AUGUST 23 1999 PAGE 11 The front of the building screens off the Anderson Trucking facility and a lot of Voigt Bus Company. Mayor Jorgenson asked if there were any additional comments from any members in the audience. No persons in audience spoke. 1VIOTION by Councilmember Wolfe, seconded by Councilmember Bolkcom, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 8:11 P.M. NEW BUSINESS 16. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA, BY MAKING A CHANGE IN ZONING DISTRICTS (REZOIVING REQUEST, ZOA #99-03, BY TOM AND DAVE GONYEA AND ANDERSON TRUCKING, INC� GENERALLY LOCATED AT 1290 OSBORNE ROAD N.E.)(WARD 2): Mr. Hickok stated that the legislative action related to the presentation he had just given would make that act official in its first reading if Council rezoned the property from an M-4, to an M-1. There were twelve stipulations that go along with that approval. MOTION by Councilmember Wolfe to waive the reading and approve the ordinance on first reading with the following twelve stipulations: 1) Approval of Variance #99- 08, allowing construction of the building 90 feet from Central Avenue, adjacent to a residential district, rather than 100 feet, as required by Code; 2) Approval of LS # 99-02 to allow separation of west 45 feet of property and resulting lot configuration as shown in the site plan dated May 5, 1999; 3) Construction of the office/ warehouse complex in accordance with the elevation plans dated (revised) May 4, 1999); 4) Construction of the office/warehouse site in accordance with the site plan dated (revised) May 4, 1999; 5) City Staff approval of a revised landscape plan to issuance of a building permit for this project; 6) Approval of a berm along the west edge of this property in conjunction with the landscape plan, o be approved by the City of Fridley; 7) Approval of all site grading and drainage issues related to this proposal prior to issuance of a building permit for this project; 8) No fleet vehicles shall be parked or stored along the Central avenue or Osborne Road parking areas of this project. All overnight storage of incidental fleet vehicles shall be parked in the side yard west of the proposed building; 9) Access locations shall be approved by Anoka County Prior to issuance of the building permit for this project; 10) All architectural banding shall continue around all faces of the building to allow finished building face appearance; 11) All lighting shall be downcast to protect THE FRIDLEY CITY COUNCIL NIEETING OF AUGUST 23. 1999 PAGE 12 against horizontal glare to residential neighborhoods or roadways; 12) A Comprehensive Sign Plan (in accordance with City Code Chapter 214) shall be prepared and submitted to the City for City Council approval prior to issuance of a sign permit for the free-standing, or building signs in this project. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSEN DECLARED THE MOTION CARRIED UNANIMOUSLY. 17. RESOLUTION NO. 63-1999 APPROVING A SUBDIVISION, LOT SPLIT, LS #99-02, TO CREATE TWO INDUSTRIAL PARCELS, GENERALLY LOCATED AT 7690 CENTRAL AVENUE (BY ANDERSON TRUCKING, INC.)(WARD 2): Councilmember Bolkcom asked if Voigt Bus Company was aware of their obligations with respect to the berm and landscaping issues. Mr. Hickok stated that Mr. Voigt of Voigt Bus Company stated that he was unclear of the requirement of the berm and landscaping; however, it was the City's intent to require the landscaping of the berm. Councilmember Bolkcom asked about the upkeep of the trees that would be planted in the landscaping plans. She asked that they be maintained. Mr. Hickok stated that the City holds a bond for a year past the installation date of the trees which insures they would be cared for. The landscape companies also guarantee them for a year. Councilmember Wolfe stated that the Code Enforcement Officer would make sure that is taken care of. Mr. Hickok stated that was correct. MOTION by Councilmember Wolfe to approve resolution approving a subdivision, Lot Split, LS #99-02, to create two industrial parcels with the following six stipulations: 1) Approval of Variance Request #99-08, allowing construction of the building 90 feet from Central Avenue, adjacent to a residential district, rather than 100 feet, as required by Code; 2) Approval of Lot Split LS # 99-02 to allow separation of west 45 feet of property and resulting lot configuration as shown in the site plan dated May 4, 1999 ; 3) Approval of a berm along the west edge of the easterly lot (Parcel B) in conjunction with a landscape screening plan for both properties in conjunction with a landscape screening plan for both properties, to be approved by the City of Fridley; 4) Approval of all site grading and drainage issues related to the proposal for a berm on this parcel, prior to commencement of the berm building project; 5) Any modified access on Osborne Road shall be approved by Anoka County prior to commencement of the modification; 6) Filing of this lot split shall be done in a manner that assures the 45 foot addition to the Voight property THE FRIDLEY CITY COU�ICIL MEETING OF AUGtiST 23 1999 PAGE 13 will consolidated with the existing Voight parcel (Parcel A). Proof of consolidation shall be filed with the City of Fridley, once processing has been completed at Anoka County. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 18. VARIANCE REQUEST, VAR#99-OS, BY TOM AND DAVE GONYEA AND ANDERSON TRUCKING. INC., TO DECREASE THE REQUIRED SETBACK BETWEEN A BUILDING AND THE RIGHT-OF-WAY LINE ABUTTING AN ADJOINING RESIDENTIAL DISTRICT FROM 100 FEET TO 75 FEET TO ALLOW THE CONSTRUCTION OF AN INDUSTRIAL MULTI-TENANT OFFICE BUILDING GENERALLY LOCATED AT 1290 OSBORNE ROAD (WARD 2): Mr. Hickok, Planning Coordinator, stated that the proposed orientation of the building was such that the overhead doors on the southwest side of the building are designed to keep traffic and offensive activities away from the neighbors across the street. The building design has a heavier emphasis on office space. A pond would be required, and the civil engineers for the Gonyea company are currently working to satisfy the stipulation. Mr. Hickok stated that this variance would allo�v the building to sit 90 feet from the Central Avenue right-of-way rather than the 100 feet that is required when an industrial building is adjacent to a right-of-way and residential district. The standard M-1 setback would be 35 feet. Because of the overlapping 54 feet residential district, the Gonyeas are looking at a 100 foot setback for the project. The hardship statement states that the way the site plan was designed the variance for the building location would serve to block out truck yards to the neighbors to the south and keep a uniform look to the other ninety percent (90%) of the building. Staff had no recommendation to the Planning Commission due to the fact that this was within previously granted parameters of setback dimension. The Commission chose to grant the variance with stipulations. MOTION by Councilmember Wolfe to approve the Variance Request, #99-08 with the following four stipulations: 1) approval of Lot Split L.S. #99-02; 2) Construction of warehouse in conformance with the office/ warehouse complex plans submitted and dated (revised) May 4, 1999; 3) Construction of warehouse in conformance with the site in accordance with the site plan dated (revised) May 4, 1999; and 4) City staff approval of a revised landscape plan prior to issuance of a building permit for this project. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAJOR JORGENSON DECLARED THE MOTION CARRIED UNAIVIMOUSLY. 19. VARIANCE REQUEST, VAR #99-17, BY DAVID NELSON, TO ALLOW A PRIVATE GARAGE TO EXCEED THE SQUARE FOOTAGE OF THE THE FRIDLEY CITY COUNCIL MEETING OF AUGUST 23.1999 __ PAGE 14 DWELLING UNIT BY 12.6 FEET TO ALLOW THE CONSTRUCTION OF A GARAGE, GENERALLY LOCATED_ AT 7395 VAN BUREN STREET (WARD 1): Mr. Hickok, Planning Coordinator, stated that the petitioner would like to replace his existing 440 square foot garage with a new 792 square foot garage. This would exceed the house area by 12 I/z feet. The code requires that the minimum side yard should be 5 feet and requires that the private garage not exceed the square foot area of the dwelling unit. The property is located at 7395 Van Buren Street and is surrounded by R-1 single family dwellings. The hardship summary stated that to move the garage completely in back of the house would greatly compromise the aesthetics of the back yard. The 12.6 square feet that would make the garage bigger than the house is so minimal that no one would notice without knowledge of the building code and the aid of a measuring device. The garage currently has an overlapping condition in which the house overhangs the garage overhang. Mr. Nelson, 7395 Van Buren Street N.E., stated this overhang would be eliminated with a new design. The petitioner indicated that he does not want to attach the garage to the home even though it was only 3 feet away from the house. A motion was made at the Appeals Commission to grant the variance for the side yard setback from 5 feet to 3 feet, and to deny the variance allowing the square foot area of the garage to exceed the square foot area of the home. The request to allow the square footage of the garage to exceed that of the home would set a precedence that the Appeals Commission wanted to avoid. Staff recommended denial of the variance to allow the square foot dimension of the garage to exceed the square foot dimensions of the home and has no recommendation on the request to decrease the side yard setback from 5 feet to 3 feet. Large garages have historically led to commercial appearance and have also encouraged home occupations. Staff recommended that if either of these variances be granted three stipulations should apply: 1) No home occupations shall take place from this garage; 2) Garage and home shall have matching siding/color scheme; and 3) Garage an home shall be built to meet all fire and building codes. The petitioner, Mr. Nelson, stated that his house is very small. It was built in 1951. Since then, houses have increased in size quite a bit. He stated that the 12.6 square feet is very minimal. He stated that he does not want to build a bigger house to have a bigger garage, and he does not want an attached garage. He stated that the neighbors would not be able to see it very well, and no neighbors have expressed any concerns regarding the variance. He stated that houses in the outer suburbs have three or four car garages, and he did not feel that anyone would object to it. Councilmember Billings asked Mr. Hickok what the ordinance for the maximum size of a garage allowed in Fridley was. Mr. Hickok stated that the maximum size for a garage, if it does not exceed the size of the dwelling unit, is 1,000 square feet. THE FRIDLEY CITY COUNCIL MEETING OF AUGUST 23 1999 PAGE 15 Councilmember Billings asked NIr. Knaak, City Attorney, what kind of a precedent would the City be setting by granting this variance. Mr. Knaak stated that similar applicants should be treated similarly. The result would be if another homeowner came in with the same size home asking for the same kind of variance, Council would likely be compelled to grant the variance. Councilmember Billings asked Mr. Hickok what his calculations for the size of the garage would be. Mr. Hickok stated that the size of the garage would be 792 square feet. Mayor Jorgenson asked what the size of the square feet of the house would have to be if more than fifty percent (50%) of the house was damaged and would have to be rebuilt. Mr. Hickok stated that it would have to be 1, 020 square feet. Councilmember Billings stated that by granting this variance, he felt Council would be setting a logical precedence, rather than a dangerous precedence. MOTION by Councilmember Billings to approve the Variance Request, VAR, #99- 17, by David Nelson, to allow a private garage to exceed the square footage of the dwelling unit by 12.6 feet to allow the construction of a garage, and to allow the side yard setback variance request from 5 feet to 3 feet with the following four stipulations: 1) No home occupations shall take place from this garage; 2) Garage and home shall have matching siding/color scheme; 3) Garage shall be built to meet all fire and building codes; and 4) Garage shall not exceed 800 square feet. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSEN DECLARED THE MOTION CARRIED UNANIMOUSLY WITH THE FOLLOWING STIPULATIONS 20. RECEIVE THE BIDS AND AWARD CONTRACT FOR THE CONSTRUCTION OF THE FRIDLEY LIQUOR WAREHOUSE (WARD 3): Mr. Pribyl, Finance Director, explained that on July 14, 1999, the project plans were made available to the public for the remodeling of the third liquor store. On August 18 the lowest bidder per the bid review was Lund Martin Construction. Staff recommended the award of the contract to Lund Martin Construction, Inc., for a total bid of $419,800. The bids were as follows: THE FRIDLEY CITY COUNCIL MEETING OF AUGUST 23. 1999 PAGE 16 DNR Construction Services Met-Con Metro, Inc. Hunerberg Construction Company Parkos Construction Company Meisinger Construction Company, Inc. Construction Analysis & Mgmt, Inc. Loeffel-Engstrand Corporation Merrimac Construction Company, Inc. CM Construction Company, Inc. Rochon Corporation Thor Construction, Inc. Lund Martin Construction, Inc. Bid Bond $7,659 4,200 7,200 4,300 5,000 6,700 8,000 4, 688 4, 300 6, 300 6,638 4,157 Total Bid $445,061 443,800 472,000 462,400 454,000 465,000 469,000 442,116 412,000 560,000 442, 500 415,643 Councilmember Billings asked if the bid of $415,643 and the bid bond of $4,157 on the spreadsheets were added together for the total bid of $419,800. Mr. Pribyl stated that the bid specifications called for separation of the bid bond cost from actual construction, but both are components of the agreement amount. MOTION by Councilmember Bolkcom, to receive the bids and award the contract to Lund Martin Inc., for the construction of the Fridley Liquor Warehouse. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. 21. RESOLUTION NO. 64-1999 AMENDING AND RESTATING THE JUNE 28 1999 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF SENIOR HOUSING REVENUE BONDS PROJECT, TO PROVIDE FOR SENIOR HOUSING ON BEHALF OF MINNESOTA CHRISTIAN HOMES OF FRIDLEY, INC. TO PROVIDE FOR AN INCREASE OF THE PRINCIPAL AMOUNT OF THE BONDS: Mr. Pribyl, Finance Director, explained that this resolution has three key points: It would increase the amount of the issuance up to $10,005,000; The interest rate was being adjusted so that it may not exceed eight percent (8%) per annum; and this issue would become non-bank qualified because it exceeds a$10,000,000 cap. Councilmember Bolkcom asked what non-bank qualifying means. Mr. Pribyl stated that it has to do with how readily bonds can be marketed by banks for these types of bonds. There is a cap on all bonds exceeding $10,000,000. This would not place the City at any risk for financial liability. Councilmember Bolkcom stated that there had been some questions about statements of compliance and issues about prevailing wage with some of the work THE FRIDLEY CITY COUNCIL MEETING OF AUGUST 23. 1999 PAGE 17 done in the senior housing project. Mr. Knaak stated that the City protects workers in these projects by HRA resolutions and by City ordinances that require them to pay prevailing wages. Council received sworn statements by three of the subcontractors involved in the project which are subject to the perjury law. The City has an ongoing responsibility to monitor situations like these as they arise. Mr. Knaak stated he felt that now the City has very substantial assurance of compliance. MOTION by Councilmember Bolkcom, to receive the sworn affidavits of compliance. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. The developers spokesperson, Mr. Mark Ecklow, President of Senior Housing Construction, stated that one of the business associates for the carpenters union stated that the Senior Housing Construction was not in compliance. Three subcontractors on the job are non-union. They have made certain that these people understand that this is a prevailing wage job. The developers had to sign an agreement that they would honor the prevailing wage. In accepting the bond documents for Minnesota Christian Homes, the developer and contractor must follow the prevailing wage law. Mr. Ecklow stated that the contractor does not have a specific procedure in place to monitor the prevailing wage but would be willing to ask for payrolls to assist the City and help in any way necessary. Councilmember Barnette stated that he appreciates all their efforts in helping the City with this investigation. MOTION by Councilmember Bolkcom, to adopt the resolution amending and restating the June 28, 1999 resolution providing for the issuance and sale of senior housing revenue bond to provide funds for a senior project, on behalf of Minnesota Christian Homes of Fridley, Inc., to provide for an increase of the principal amount of the bonds. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANIMOUSLY. INFORMAL STATUS REPORTS: Mayor Jorgenson asked if any members of the audience wanted to share any informal status reports this evening. No members from the audience spoke regarding any informal status reports. TAE FRIDLEY CITY COUNCIL MEETING OF AUGUST 23. 1999 PAGE 18 ADJOURN: MOTION by Councilmember Wolfe, to adjourn. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAJOR JORGENSON DECLARED THE MOTION CARRIED AND THE AUGUST 23, 1999 MEETING OF THE CITY COUNCIL WAS ADJOURNED AT 8:59 P.M. Respectfully submitted, Signe L. Johnson Nancy J. Jorgenson Recording Secretary Mayor � � C�TY OF FRIDLtY DATE: � FROM: AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 13, 1999 September 9, 1999 William W. Bums, Ciry Manager�=�� Barbara Dacy, Community Development Director Scott J. Hickok, Planning Coordinator SUBJECT: Second Reading of an Ordinance Rezoning Lot 2, Block 1 Anderson Development Replat On August 4, 1999, the Planning Commission considered rezoning request ZOA #99-03, to allow the property located at the comer of Osbome Road and Central Avenue NE to be rezoned from M-4, Manufacturing Only to M-1, Light Industrial. The Commission recommended approval of the request with 12 stipulations. On August 23,1999, the City Council approved first reading of the ordinance as recommended by the Commission. STAFF RECOMMENDATION Staff recommends approval the second reading of an ordinance to rezone Lot 2, Block 1, Anderson Development Replat, with 12 stipulations. M-99-220 1 ORDINANCE NO. ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS The City Council of the City of Fridley does ordain as follows: SECTION 1. Appendix D of the City Code of Fridley is amended as hereinafter indicated. Be and is hereby rezoned subject to the stipulations adopted at the August 23, 1999 City Council Meeting. SECTION 2. The tracts or areas within the County of Anoka and the City of Fridley and described as: Lot 2, Block 1, Anderson Replat, Anoka County Minnesota. Is hereby designated to be in the Zoned District M-1, Light Industrial SECTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tracts or areas to be rezoned from the Zoned district M-4, Manufacturing Only to M-1, Light Industrial. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 13TH DAY OF SEPTEMBER, 1999. ATTEST: DEBRA A. SKOGEN - CITY CLERK Public Hearing: First Reading: Second Reading: Publication: August 23, 1999 August 23, 1999 September 13, 1999 September 28, 1999 NANCY J. JORGENSON - MAYOR 2 � ` CXfY OF FRIDLEY To: From: Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 13, 1999 William W. Burns, City Manager I' �� Sara S. Hill, Human Resources Director September 9, 1999 Council Salary Ordinance Attached is the ordinance to adjust Council salaries by 5 percent (5%) for the year 2000 and subsequent years. The first reading of this ordinance was held on Monday, August 23, 1999. Staff recommends Council's approval of the second reading of this ordinance. Thank you for your attention to this matter. Attachment 3 ORDINANCE NO. AN ORDINANCE RECODIFYING TI� FRIDLEY CITY CODE BY AMENDING APPENDIX F TO PROVIDE FOR TI� ADNSTMENT OF SALARIES FOR THE MAYOR AND COUNCILMEMBERS IN ACCORDANCE WITH SECTION 2.07 OF THE CHARTER OF TI� CITY OF FRIDLEY The City Council of the City of Fridley does hereby ordain as follows: The annual salaries for the Mayor and Councilmembers during 2000 and subsequent yeazs shall be as follows: Mayor Councilmember-at-Large Councilmember, Ward I Councilmember, Ward II Councilmember, Ward III $8,820.00 $7,245.00 $6,405.00 $6,405.00 $6,405.00 In addition, the Mayor and Councilmembers shall be entitled to the same benefits enjoyed by full-time authorized employees of the City of Fridley. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1999. ATTEST: DEBRA A. SKOGEN - CITY CLERK First Reading: August 23, 1999 Second Reading: Publication: � NANCY J. JORGENSON - MAYOR CITY OF FRIDLEY PLANNING COMMISSION MEETING, SEPTEMBER 1, 1999 CALL TO ORDER: Chairperson Savage called the September 1, 1999, Planning Commission meeting to order at 7:30 p.m. ROLL CALL: Members Present: Diane Savage, LeRoy Oquist, Brad Sielaff, Dean Saba, Larry Kuechle Members Absent: Dave Kondrick, Connie Modig Others Present: Paul Bolin, Planning Assistant Michael Boldenow, BWBR Architects Kathy Ketterling, BWBR Architects Byron Bruns, Unity Hospital Judy & Urbin ?? M. B. McPhillips, 291 Sylvan Lane APPROVAL OF AUGUST 4 1999 PLANNING COMMISSION MINUTES: MOTION by Mr. Sielaff, seconded by Mr. Saba, to approve the August 4, 1999, Planning Commission minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING� CONSIDERATION OF SPECIAL USE PERMIT, S.P. 99-07, BY MICHAEL McPHILLIPS: To allow a 10-foot curb cut to access an accessory building on his property. This request will require reconsideration of SP#86-09, which prohibited a curb cut for this purpose, legally described as Lot 19, Block 2, Sylvan Hills Plat 4, generally located at 291 Sylvan Lane. MOTION by Mr. Kuechle, 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 7:32 P.M. Mr. Bolin stated the petitioner is requesting a special use permit to allow a 10-foot curb cut to access an accessory structure on his property. If granted, this would amend and replace special use permit #86-09. The original special use permit was granted for the second accessory structure and also stipulated that a driveway was not required as long 5 PLANNING COMMISSION MEETING, SEPTEMBER 1, 1999 PAGE 2 as the garage was used for storage only, not for vehicles. The petitioner has requested a curb cut; therefore a driveway is to be installed. Mr. Bolin stated the property is located at 291 Sylvan Lane. It is a corner lot with the home facing Sylvan Lane and the University Avenue service drive is to the east. The property is zoned R-1, Single Family, as are the surrounding properties. The existing detached garage meets the setback requirements. The lot is relatively flat and contains the second garage, the home, a garden, and some large trees. The lot was platted in 1957 as part of the Sylvan Hills Addition. In 1969, the home and the attached garage were constructed. In 1986, special use permit #86-09 was granted for the detached garage, and the garage was constructed the same year. Mr. Bolin stated staff recommends approval of Special Use Permit, S.P., #99-07 to amend and replace S.P. #86-09, with the following stipulations: 1. The petitioner shall construct hard surface driveway within one year of issuance of this special use permit. 2. The driveway shall be constructed in a manner to prevent detrimental runoff impacts to adjacent properties. 3. All necessary permits shall be obtained from the City prior to construction. 4. The structure shall not be used for a home occupation. 5. All vehicles shall be stored on a hard surface driveway as approved by the City. 6. The siding and roof materials on the accessory structure shall continue to match the exterior of the existing home. 7. Approval of S.P. #99-07 would eliminate S.P. #86-07. Mr. Kuechle asked if there were any rulings against two curb cuts on a residential property. Mr. Bolin stated the code would allow these finro curb cuts. Mr. Oquist asked who is responsible for the curb cut. Mr. Bolin stated the petitioner is responsible for the curb cut. Mr. McPhillips stated the curb cuts are done by a subcontractor through the City. He pays the City, and the City pays the subcontractor. Mr. McPhillips stated he has one question about the driveway. He drives on that yard approximately 6 to 10 times a year. He did not feel he needed a driveway. There are finro mature trees on the property. If he paved a driveway, those trees will die. He has been in the construction business for 41 years. If a driveway is next to an oak tree, it will die. The tree is over 100 years old, and he does not want to lose it. Because he drives on that area less than 12 times a year, he did not feel he needed a driveway. If the Planning Commission wanted to come out and look, they would see that there are no tracks. There are none now. He has had that garage there for over 10 years, and it looks as though there has never been anything driven there. Before that, he drove � PLANNING COMMISSION MEETING, SEPTEMBER 1, 1999 PAGE 3 across the neighbor's property. They are now having a dispute, and the neighbor no longer wants him to drive there. He now needs access to the garage. Mr. McPhillips stated he has talked with the Public Works Department, and they did not say anything about that. The Public Works Department issued a permit for which he paid $155.00, and they said that would install the curb cut. After they looked in the file, they saw the stipulation on the original permit. If that stipulation had not been there, he could have a curb cut now. The property to the north has two curb cuts 10 feet apart. One is to access the property to the west that has an easement to drive motor homes in and out. Until this year, they drove in there twice a week. There is no driveway there. There are a lot of situations in the City where there are no driveways. Ms. Savage asked if Mr. McPhillips was oppposed to the driveway stipulation. Mr. McPhillips stated he is definitely opposed. He is not willing to lose that 100-year-old oak tree. If there is driving near those trees, in two to three years they will have to be removed. Mr. Sielaff stated he agreed that the construction of a driveway would kill the trees. Mr. Oquist asked if the Code requires a driveway. Mr. Bolin stated the City does have a driveway paving program for all driveways to be paved by 2002. If there is a curb cut to a garage, it does indicate that it will be used as a driveway in staff's opinion. Mr. McPhillips stated he built the garage in 1986. City staff was going to come back in one year to see if there were cars driven there. He has not had a driveway there in 13 years. Now he needs one because he is requesting a curb cut. He does not understand. He has had cars in there off and on. Basically, the garage is for storage. He has a street rod now that he plans to sell next year. He will then have a driveway and will not have a car. Instead he will have a driveway bisecting his tot so there is a 10-foot strip on the north end of the lot that he has to maintain. That will look stupid. What is the point of losing those trees? If that is the stipulation, he does not want a curb cut. He will live with it. Mr. Sielaff asks how he now gains access to the garage. Mr. McPhillips stated he drives through the yard to get there now. Actually, he keeps the car in the attached garage and keeps his truck in the driveway. Ms. Savage asked what was the situation in 1986 that the petitioner received a special use permit that allowed the building but did not provide a curb cut or driveway. Mr. Bolin stated that at that time, the special use permit was granted with the intent that the garage would be used just for storage. The stipulation read that if the garage were to be used for vehicle storage or as an actual vehicle garage, then it would need to be paved. 7 PLANNING COMMISSION MEETING, SEPTEMBER 1, 1999 PAGE 4 Mr. Oquist asked if the petitioner had any problems with the other stipulations. Mr. McPhillips stated no, just that one. Mr. Kuechle stated he can understand the petitioner's rationale for not wanting the driveway. He can also understand the City's interest in keeping a handle on this. Even though Mr. McPhillips may never use that as a driveway and never damage the grass, if he sells the house in finro years, that stipulation for no driveway is still there. That does concern him. Is there any way they can deal with this? Mr. Saba stated there must be a way to control that. He agreed that, if a driveway is installed, the petitioner will lose the trees. Mr. Bolin stated the Commission could put on a stipulation similar to the original stipulation where staff could go back one year later to check to make sure that the petitioner was not frequently driving across the grass or a stipulation that indicates, upon the sale of the home, the hard surface driveway must be installed. Or, they could add a stipulation that gives staff some flexibility that at staff's discretion, if it is found that this has become a driveway, a hard surface driveway shall be installed. �Vlr. Kuechle asked the petitioner how he would feel about something like that. Mr. McPhillips stated he would have no problem with that. MOTION by Mr. Saba, seconded by Mr. Oquist, to close the hearing. ' UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:48 P.M. Mr. Saba stated he would agree to somehow delete and replace stipulations regarding the driveway. He liked the idea of staff having the discretion. Mr. Kuechle agreed. He would like the stipulation to indicate that at staffs discretion, if this is being used as a driveway to the point where it is obviously a driveway with ruts in the yard and the grass being dead, a hard surface driveway shall be installed or the curb cut removed. Ms. Savage stated stipulations 1 and 2 would then be deleted. Mr. Oquist asked if stipulation 3 was necessary in that the City installs the curb cut and the petitioner pays the City. Mr. Bolin stated the petitioner has a permit already. Mr. Oquist stated his concern is that, if he puts in the curb cut and then someone else in the future purchases the property, they could use that to go in and out. He agreed they : PLANNING COMMISSION MEETING, SEPTEMBER 1, 1999 PAGE 5 need some control on that, but he did not see the need for a hard surface drive at this time. Mr. Sielaff asked if the special use permit could expire if there was a change in ownership. Mr. Kuechle stated that would be a burden in that the petitioner has to get it cleared up before selling the property or the buyer must come in and get a permit. If they are turned down, they have a non-conforming piece of property. He would prefer not to have something hanging over their heads if they don't have any control. If the Commission puts in a stipulation that says, as long as it shows no sign of being used as a driveway, it is then at staff's discretion that the petitioner does or does not need to put in a driveway. If it starts behaving as a driveway, then it needs to be paved. Ms. Savage asked if that would be sufficient for staff. Mr. Bolin stated that would be acceptable. M�. Sielaff suggested the wording, "At staffs discretion, inspections will be conducted of the area between the curb cut and the garage and, if found to be regularly used as a driveway, a hard surface drive shall be constructed or the curb cut removed." MOTION by Mr. Sielaff, seconded by Mr. Kuechle, to recommend approval of Special Use Permit, S.P. #99-07, by Michael McPhillips, to allow a 10-foot curb cut to access an accessory building, legally described as Lot 19, Block 2, Sylvan Hills Plat 4, generally located at 291 Sylvan Lane, with the following stipulations: 1. At staff's discretion, inspections will be conducted of the area between the curb cut and the garage and, if found to be regularly used as a driveway, a hard surface drive shall be constructed or the curb cut removed. 2. All necessary permits shall be obtained from the City prior to construction. 3. The structure shall not be used for a home occupation. 4. All vehicles shall be stored on a hard surface driveway as approved by the City. 5. The siding and roof materials on the accessory structure shall continue to match the exterior of the existing home. 6. Approval of S.P. #99-07 eliminates S.P. #86-07. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Bolin stated the City Council would consider this request on September 13. 2. PUBLIC HEARING: CONSIDERATION OF SPECIAL USE PERMIT, S.P. 99-08, BY MICHAEL BOLDENOW. ALLINA UNITY HOSPITAL: To allow a proposed 2"d story expansion to be added to Unity Hospital to accommodate the ICU, legally described as All that part of the Northwest Quarter of the Northeast Quarter (NW'/ of NE'/) of Section Eleven (11), Township Thirty (30), Range Twenty-four (24), Melody Manor 2"d Addition, generally located at 550 Osborne Road N.E. �� PLANNING COMMISSION MEETING, SEPTEMBER 1, 1999 PAGE 6 MOTION by Mr. Oquist, seconded by Mr. Saba, to waive the reading of the public hearing notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:55 P.M. Mr. Bolin stated the petitioner is requesting a special use permit to allow the construction of a second story addition on a portion of the existing facility. The expansion would occur at the easterly portion of the building located at 550 Osborne Road. The property is located in an R-1, Single Family, zoning district which is why a special use permit is required. To the west and to the south is R-1, Single Family; to the north across Osborne Road is Spring Lake Park; and to the east is a clinic zoned CR-1, General Office. Mr. Bolin stated the proposed addition is to be above the existing Intensive Care Unit (ICU). The expansion would be used as the new ICU and would allow the hospital an opportunity to upgrade the equipment in their ICU. This additional space does not create any more demand for parking, does not increase the number of beds, and does not increase the number of employees. The hospital is working on a 3 to 5 year plan to do some interior renovations and remodeling. The space that is to be vacated by the existing ICU will be used by different departments in the hospital during the remodeling. Mr. Bolin stated the site is a 31-acre parcel that contains the hospital buildings, parking lots, and some rather large areas of grass and trees. In 1965 the first building permit for the hospital was issued. In 1970, 1971, 1980, 1982, 1985, 1991, 1993, and 1995, additions were made to the hospital. Special use permits were granted for expansion of the hospital in 1984, 1993, and 1995. Mr. Bolin stated hospitals are a permitted special use in the R-1 zoning district and the proposed expansion with stipulations will comply with the requirements for the special use permit. This special use permit is in addition to the previous special use permits and is not intended to replace the previous special use permits. Staff recommends approval of the special use permit with the following stipulations: 1. All building permits must be obtained prior to start of construction. 2. As interior renovations are completed and additional beds are added, the hospital shall install the number of parking stalls required to meet zoning code requirements. However, the City reserves the right to require additional parking should demand of the facility warrant it at any time prior to completion of interior renovations. Mr. Bolin stated a special use permit granted in 1995 identified a shortage of 6 parking stalls at that time and placed the stipulation worded similarly to stipulation #2. Since that special use permit was issued, staff has not found any reason yet to require the additional 6 parking stalls. Since the hospital is under a 3 to 5 year plan for interior remodeling and before they get to the point where they will be adding additional beds, 10 PLANNING COMMISSION MEETING, SEPTEMBER 1, 1999 PAGE 7 staff feels this stipulation would adequately address any parking problems that may arise. Mr. Bolin reviewed the elevations of the proposed addition. The proposed height will be about 37 feet. The addition is approximately 260 feet from the nearest residence on Lyric Lane. Mr. Kuechle asked if there had been any neighborhood meetings to explain the project. Mr. Bolin stated he has had a phone call from a resident seeking more information about the project. He is not aware of any information meetings being held with the neighbors. Mr. Boldenow stated he had nothing to add to the staff report. Ms. Savage asked if the petitioner had any problem with the stipulations. Mr. Boldenow stated, no. Mr. Oquist asked when they planned to start construction. Mr. Boldenow stated they planned to start construction the day after they receive approval. They had a negotiated contractor from the day they started designing the addition. They have done some preparation work, mobilized a trailer, and put up some construction fencing. Mr. Sielaff asked if the petitioner had held meetings with the neighborhood. Mr. Boldenow stated, no. A resident living across the street from the hospital thought they had started construction on the building. Mr. Boldenow stated they have an electrical permit issued by the State of Minnesota to do an electrical project that is related but not part of the scope of the ICU construction. The elect�ical work is to upgrade the power for the existing facility. This upgrade will also be used by the ICU. The resident stated he thought there was roof removal and remodeling going on right now. Mr. Bruns stated they are currently covering the roof so that when construction starts the roof is covered with plywood to protect the existing roof. This has been done in advance to save the roof. Mr. Boldenow stated there has also been some field investigation done. The building done in 1984 was designed for a second story. When this was constructed, there was 11 PLANNING COMMISSION MEETING, SEPTEMBER 1, 1999 PAGE 8 re-bar and future columns placed. Once you tear the protective membrane apart, you have to go back and protect that from water damage. The resident stated he was not privy to the design concepts on the building, but he thought there had been leaking when the building was first constructed. Mr. Bruns stated he was not aware of any. The resident asked if the petitioner had looked at the impact of traffic on Lyric Lane. He also knew there was a code for residential landscaping and asked if they also had landscaping requirements. The hospital has not added any landscaping on Lyric Lane for 25 years. Mr. Bruns stated they added landscaping at the time of the project in 1993. They did whatever the City asked at that time. The resident stated he thought the City should re-look at the landscaping on the Lyric Lane side of the hospital. All the deliveries go off Lyric Lane. All the trucks go down Lyric Lane. All the employees come in on Lyric Lane. By building another ICU, there will be more employees using that backside. If you could build on the Osborne Road side where is more commercial rather than residential should be looked at. He has spoken to a couple of people at the hospital and he has called the City a few times because there are people who drive 70 or 80 miles an hour down there. As they keep on remodeling and expanding, business is doing well, but they also need to look at the impact that it has on the neighbors. He asked them to look at Lyric Lane and look at adding some landscaping. He would like to see a better neighbor in the hospital. He did not know how much landscaping they could add with the parking, but he thought they could add a little more. It would at least help block some of the activity. Mr. Bolin stated that as far as the landscaping, currently the hospital has done everything the code requires them to do. The addition has not triggered the need for additional landscaping. The resident stated they have added on to the hospital along Lyric Lane. They have had their house looked at by a realtor, and the hospital has reduced the price of the house. He thought it would help if they would do some additional landscaping or perhaps a bigger berm would help. Mr. Bruns stated the addition is more than 150 feet away from the residents. It is more like 1,000 feet away from his. They did all that they had to do. They built berms, added evergreens, etc. They are not adding any additional employees. There will be no more traffic than there is now. Mr. Kuechle asked the architect if he had any knowledge of the typical traffic pattern in that area. 1� PLANNING COMMISSION MEETING, SEPTEMBER 1, 1999 PAGE 9 Mr. Boldenow stated that would be more typical if an overall addition was proposed with additional beds and additional staff. Because this is on top of an existing structure, no site work was done. It was never part of the investigation. Mr. Kuechle stated he wondered if there was anything that could be done on site to better manage the flow or path that people are taking into the parking lot. Mr. Boldenow stated he was not aware that there was a problem so it is difficult for him to answer that. There will be no additional staff and no additional beds. Patients and visitors will be entering as they are now at the Osborne entrance. Mr. Kuechle stated he was not anticipating or suggesting that they are not meeting the requirements. Obviously at least one neighbor sees the traffic pattern as it currently is as a problem. He was wondering if any thought has been given to rearranging driveways or something similar to change the pattern. � Mr. Boldenow stated they have not had this reaction before. Usually the only complaint they have is from debris. If they would have had any knowledge that there was a problem, the hospital would have let them know and they would have approached it with some type of solution. Again, this is the first he has heard there was a problem with traffic. Mr. Bruns stated it would be possible to close off the entrance/exit on Lyric Lane but that would be an issue with the fire department. Mr. Boldenow stated the City has certain requirements for fire access to every portion of the building. That is something they could research. At this time, the space vacated will be used by another department. In 1993, when they moved the in-patient surgery unit to its current location, that existing area remained vacant for two years and was then filled in 1995 for Ambulatory Care and a special use permit approved. At that point, there was additional staff and at that point they were 6 parking spaces short; therefore the stipulation. MOTION by Mr. Saba, seconded by Mr. Oquist, to close the hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:15 P.M. Mr. Oquist stated he felt this request was rather straightforward. This is to be an expansion upward. There are to be no additional beds and no additional staff. MOTION by Mr. Saba, seconded by Mr. Oquist, to recommend approval of Special Use Permit, S.P. #99-08, by Michael Boldenow, Allina Unity Hospital, for a proposed 2"a story expansion to be added to Unity Hospital to accommodate the ICU, legally described as All that part of the Northwest Quarter of the Northeast Quarter (NW'/ of the NE '/4) of Section Eleven (11), Township Thirty (30), Range Twenty-four (24), Melody Manor 2"d Addition, generally located at 550 Osborne Road N.E., with the following stipulations: 13 PLANNING COMMISSION MEETING, SEPTEMBER 1, 1999 PAGE 10 1. All building permits must be obtained prior to start of construction. 2. As interior renovations are completed and additional beds are added, the hospital shall install the number of parking stalls required to meet zoning code requirements. However, the City reserves the right to require additional parking should demand of the facility warrant it at any time prior to completion of interior renovations. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Bolin stated the City Council would consider this request on September 13. 3. RECEIVE THE MINUTES OF THE JULY 28 1999 APPEALS COMMISSION MEETING: MOTION by Mr. Kuechle, seconded by Mr. Sielaff, to receive the minutes of the July 28, 1999, Appeals Commission meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. RECEIVE THE MINUTES OF THE JULY 1, 1999, HOUSING AND REDEVELOPMENT AUTHORITY MEETING: MOTION by Mr. Oquist, seconded by Mr. Saba, to receive the minutes of the July 1, 1999, Housing and Redevelopment Authority meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. RECEIVE THE MINUTES OF THE JUNE 7 1999 PARKS AND RECREATION COMMISSION MEETING: MOTION by Mr. Oquist, seconded by Mr. Saba, to receive the minutes of the June 7, 1999, Parks and Recreation Commission meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. RECEIVE THE MINUTES OF THE JULY 20. 1999. ENVIRONMENTAL QUALITY & ENERGY COMMISSION MEETING: MOTION by Mr. Sielaff, seconded by Mr. Saba, to receive the minutes of the July 20, 1999, Environmental Quality & Energy Commission meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 14 PLANNIfVG COMMISSION MEETING, SEPTEMBER 1, 1999 PAGE 11 7. RECEIVE THE MINUTES OF THE AUGUST 11. 1999, APPEALS COMMISSION MEETING: MOTION by Mr. Kuechle, seconded by Mr. Sielaff, to receive the minutes of the August 11, 1999, Appeals Commission meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS: Mr. Bolin provided an update on City Council actions. ADJOURNMENT: MOTION by Mr. Oquist, seconded by Mr. Sielaff, to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE SEPTEMBER 1, 1999, PLANNING COMMISSION MEETING ADJOURNED AT 8:20 P.M. Respectfully submitted, - o- � Lavonn Cooper � Recording Secretary 15 / AGENDA ITEM � CITY COUNCIL MEETING OF SEPTEMBER 13, 1999 CiTY OF FRIDLEY Date: 9/7/99 To: William Bums, City Manager �„� � From: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Paul Bolin, Planner RE: Planning Commission acti on on SP #99-08 M-99-211 INTRODUCTION Unity Hospital is requesting a special use permit to allow the construction of a second story addition on a portion of the existing facility, located within a residential zoning district. The expansion would occur at the easterly portion of the building located at 550 Osborne Road. At the current time, the addition will not expand the number of beds or employees located at the hospital. PLANNING COMMISSION ACTION At the September 1, 1999 Planning Commission meeting, a public hearing was held for SP #99-08. The Commission heard concerns over traffic, from an unnamed neighbor, and after discussion made a motion to approve Special Use Permit, SP #99- 08, to allow the expansion of a hospital located in a residential zoning district, with the following stipulations. 1. All building permits must be obtained priorto start of construction. 2. As interior renovations are completed and additional beds are added, the hospital shall install the number of parking stalls required to meet zoning code requirements for that renovation / expansion area. However, the City reserves the right to require additional parking should demand of the facility warrant it at any time prior to completion of interior renovations. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMENDATION City Staff recommends that the City Council concur with the planning commission and grant the proposed Special Use Permit, SP #99-08, as presented. l� City of Fridley Land Use Application SP-99-08 September 1, 1999 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Michael Boldenow BWBR Architects 400 Sibley St. Suite 500 St. Paul, MN 55101 Requested Action: Special Use Pernut Purpose: To expand a hospital use in a residential distric� Exisang Zoning: R 1(Single family) Location: 550 Osbome Road NE. Size: 31 acres Existing Land Use: Allina / Unity Hospital. Surrounding Land Use & Zoning: N: Spring Lake Park E: Clinic & CR-i S: Single family & R-1 W: Single family & R-1 Comprehensive Plan Conforrnance: Consistent with Plan Zoning Ordinance Confom�ance: Sections 205.07.O1.C.(8) requires a special use permit for hospitals and clinics in the R- 1 zoning distric� Zoning History: Land has been used as a hospital since 1965. Hospital has continued to add space over the years. (See report) Legal Description of Property: Part of NW '/e of NE '/e of Sec. 1 l, T. 30, R. 24. (See attached) Public Utilities: Hospital is connected. 17 Transportation: Osborne Road provides vehicle access to the site. Physical Characteristics: Lot contains the hospital, pazking lots, as well as large grass and tree covered areas. SUNIMARY OF PROJECT Michael Boldenow, architect, and Allina Unity Hospital are seeking a special use pemut to add a 17,365 square foot 2"d story addition in order to relocate the ICU. SUMMARY OF ANALYSIS City Staff recommends approval of this special use permit. Hospitals are a pemutted special use in the R-1 zoning district, and the expansion proposed by Allina / Unity HospitaLs complies with the requirements for the special use pemut, subject to the stipulations suggested by staff.. CITY COUNCIL ACTION Staff Report Prepared by: Paul Bolin STAFF REPORT SP #99-08 Reauest Allina / Unity Hospital is requesting a special use permit to allow the construction of a 2nd story addition to a portion of their existing facility . The property, located at 550 Osborne Road, has been used as a hospital since 1965. The main purpose of this expansion is for the relocation of the 20 bed Intensive Care Unit (ICU). The new expansion, which is approximately 17,635 square feet, will be located above the Emergency room. The existing building, to which the ICU will be added, was originally built in 1984-1985. The existing ICU space will be used to house the chemical dependency unit, temporarily, as the hospital does interior remodeling and renovation of space. The relocation of the ICU unit will not cause any additional parking demands, at this time, as the total number of beds and staff members will not be changing. The hospital is currently working on a 3-5 year plan for interior remodeling and renovation. As the renovation is nearing completion and additional beds are added, the hospital will add any additional parking stalls required by City Code. Location of property �[ � View of area to be expanded from north side of property HISTORY The hospital was originally constructed in 1965. Additions occurred in 1970, 1971, 1980, 1982, 1985, 1991, 1993, and 1995. Also located on the property is a maintenance garage. In 1993, the hospital also installed a traffic light on Osbome Road and constructed a new parking lot. Special use permits were granted for expansion in 1984, 1993, and 1995 for expanding the hospital use in a residentially zoned district. The 1995 special use permit noted that 6 additional parking spaces may be needed, and the City reserves the right to require installation of the stalls if and when deemed necessary. Because the current request leaves unce�tainty about the reuse of former ICU space, the City reserves the right to require additional parking based on the future use. RECOMMENDATIONS City Staff recommends approval of this special use permit, with stipulations. Hospitals are a permitted special use in the R-1 zoning district and the proposed expansion, with stipulations, complies with the requirements for the special use permit. This special use permit is an addition to previous special use permits issued to this property and is not intended to replace previous special use permits on this property. STIPULATIONS Staff recommends the Planning Commission approve the special use permit subject to the following stipulations: 1. All building permits be obtained prior to start of construction. 19 2. As interior renovations are completed and additional beds are added, hospital to install number of parking stalls required to meet zoning code requirements. However, the City reserves the right to require additional parking should demand of the facility warrant it at any time prior to completion of interior renovations. ��� � s o aua• e'� = �; 4�� �. sa�wA �.j z��i �;� Issaaa � � ��♦ � c3 ia� Iii � � � r Y � � �t = � � ^ , ' �' '' ` � ����� � ' i _� �; =ia J <<� F. i I �elsa� �� !- !� 1 I � i l / �:�i '�C5C�n1 - . J - �, � _ �`, = � , � --� � ( . � i l . ---� C i . C ,I�:^ ,. � � � = a" . � ` � �S ��" � � O , < . � � �� i i,r � ^ � j `\ 1 —�-- � � '�,. � � j . ... , �, � ': ! \%��.. � j . , � % � _—�\j� ���� � � � � J'��\%\ �.�\/\ .. �;..;� . ,� ;�c`` . '� .� : .� :; • o \�� �, :���.�..\ _ `���. � _. ��\ � � � � .r. . -_ — � � . ,.,, /`` \ � � � ` / � , :._ 1.�ti � '��\ % � i — \ % � ' ;��� . '- • \%\ ��.�`������������.•�,��.�:�.�,��,�.���•�' � � � ��\\� .����•.�\��\\\\�\\\�:`.\\�W _ ,/;i//�/'i/.'i:///!///l//:�//�t � � � , %i /; i/ � i /:/i,' ///i. ! /:'i; !. 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I '�''''''I`�� '' I � �� � i 0 a s ' Y �� . �.'._ 08/�i/99 11:Oi F.�.Y 6�1 222 8961 BWBR A.Z2CHITzCTS �OOI/001 ��r � BWBR Architects ' ' ' ' Allina L'nity Haspital YC�,' Rdocation Fridley, Minnesota BWBR Commission #1999.036.00 TO: Paul Boiin, Planning Assistant FRO�i: �fichael Boldenow DATE: August 25, 1999 SUBJECT: Project r�rrative Allina Unity Hospital is proposing a 17,365 sq. ft. vertical expansion for the relocation of the 20 bed Intensive Care Unit. This addition will be located at the new second floor, above Emergency at the first level and Surgery Admitting at the lower level. The existing building, to which the 1CU will be added, was originaUy built in 1954-1985. The cunent plans for the ICU relocation is comprised of 20 Patient Rooms. All patient rooms are flexibly designed to function for both acute case patients and stepdown, or less acute patiencs. The inner core of the department has bean programmed and designed to incorporate staff and patient support spaces includin� offices, vazious utility rooms, medication room, nourishmerit, work areas, and toilet facilities. Other programmed space includes public waitins and extensions of all vertical circulation. The exterioc of the building will be an extension of the existing architecture, which includes matching face brick and an exterior plaster band at the parapet or upper perim�t�r area. The mechanical and electrical services will feed the ICU from the first level mechanical space, originally designed and built with the 1993-1994 Surgery Addition. This spate is located one floor below and directly south of the ICU addition. The site will be una#fected by this project, with the exception of construction related damage, whieh will be fully restored at the time of project completion. - ,: . ; . - , . . • - � _.�.: � .. BWBR ArCttibcts, Inc. 4C0 S�b4y Str��t 6ult� 600 � 9t Paul, Mtnnsaon 55101 ur, es�.Z2.�7ot � �� /a� 651.�26YH euy�nse�ON.dee RUG.27.I999 11�44AM SLPFCRT SERVICES �lercy I-iospltal Uniry Hospital 4o�C Coan fiapids Boulcv3rd I�.W. SSo Usbomc Rcu�d N.E. Coon inapids, �t� �i433•253o Fri�ley, �L�1 5�432-Z799 6ll•4�1-�S33 612-4Zt-2222 August 27, 1999 Paul Bolin Ciry of �idley Dear Paul: N0.129 P.2 � MERCY 6z iJ�1TY HOSPI?ALS ,�tL1Na HE.LL2:�i !YS'E�c Per our telephane conyersation this morning, the intent of building a new I.C.U. is to bring it up to today's standards. We are not adding any more patient rooms than we now have, So it should not include any more pazl�ing spaces at tlus time. Once we relocate the I.C.U. to the new space, the old I.C.U, will be vacant until we decide what to use it for. We aze worldng on a thr�e to five year plan for Unity at this time. If later on, we decide to use the old I.C.U. for patient care or Ambulatory Care, the parking issue will be addressed. BB:tl 24 yro runs, Construction Manager Unity/Mercy Hospitals / AGENDA ITEM � CITY COUNCIL MEETING OF SEPTEMBER 13, 1999 CIIY OF FRIDLEY Date: 9/03/99 To: William Bums, City Manager,��d`1° From: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Paul Bolin, Planner RE: Amendment to the Comp. Sign Plan for West Moore Lake Commons M-99-209 INTRODUCTION In 1988, the City Council approved a comprehensive sign plan for Moore Lake Commons. In 1993 and 1995 , amendments were made to the sign plan for West Moore Lake Commons. George Applebaum, property owner, is requesting an amendment to the sign plan to allow Dave's Sport Shop to display their logo on a cabinet sign. SUMMARY Code Section 214.14, requires shopping centers and multiple tenant building to have a comprehensive sign plan approved by the City. The purpose of this requirement is to assure that centers have a well planned, aesthetically pleasing, and consistent appearance. The 1995 West Moore Lake Commons Sign Plan prohibits cabinet type signage. With the design of Dave's Sport Shop logo, a cabinet type sign is the only means of displaying the logo. The proposed sign plan amendment, to allow this sign to be constructed as a cabinet sign, specifically states that this is to be the only cabinet type sign allowed on the building. PLANNING STAFF RECOMMENDATION City Staff recommends approval of the proposed amendment to the West Moore Lake Commons Comprehensive Sign Plan with the following stipulation: 1. Total signage for Dave's Sports Shop, with logo, not exceed the square footage allowed for signange. 25 AU�-2b-1999 14�10 �ROM TOPLINE AIIU !NC TO 5711287 P.02 �EXAa IVIf�NAC��MEN � CC�. 4109 MIGHWOOD RD. O!lOtvO. MINN6SOTA 6D�6� ' IA 121 172• 127p Augusc 26,1999 Ciry of Fridlcy Fridley, MN 55432 Re: Dave's Sport ShoQ Dcar Sirs, I hercby give permission to make Dave's Sport. Sho� logo as a eabinet sigm, This pezm�ission applics to the logo only (below) and aot the other iett,�rs which 9ha11 be illuminated individual letters (no raccwa�). � f /? Q--�--9�„ � � � ' •.'��'t04 ,� / 0 Sincenly, � . , � �.'s ,� ,�� , „�.,,��..�.., ,.�....... 26 _..._..._.. --- __.__ ____ .�_ ..... TOTAL P.02 09/08/I999 10:34 612472751870 HEXAD MANAGEMENT PAGE 02 HEXRD MANf�GEMENT CO. • 1 OY HIGNWOOD RD. ORONO. MINNESOTA 55344 le 12) 472• 1270 September 8, I999 Ms. Barb Dacy City of Fridtey 6431 Unive�siry Avcnue NE Fridley, MN 55432 Re: Dave's Sport Shop Dear Barb, [ have becn contacted by representatives of Dave's Sport Shop as well as the City c>f Fridley regarding the "new" sign f�r Dave's Sport Shop. There seems to be a auesticm cegarding the ins4tlation of a logo within a sign cabinet. Dave's existing sign (which was approved by the city) already incorparates this very same concept as the "Dave's" portion of the sign is a cabinet sign because of construction limitations. Since this has already been allowed, I really see nc� need to modify anything ia the Sign Critc�ia. As you can see from the attached letters from Scott Furstenberg of Dave's Sport Shop and Dean Utermarck of Top Liae Advertising, the inclusion of Dave's logo is important from the scandpoint of unifocmity in advertising (which is what a sign is); and that the physical limitarions of the useable s�ace within the sign band of the shopping center necessitate the buiiding of a cabinet for the logo portion of the sign. The Sign Cciteria already acknowtedges thc importance of corporate logos through the flexibiliry of cator in the signage and I believe that the incor�oration of a logo in a si,gn is of thc utmaSt importance and should be accommodated whenever possibte. In the caSe of Dave's sign. the cabinet portion of the sign appears to be apAroximately five and one-half fcet in length, a small portion of the total sign length of approximately twenry-four feet in the event the city feels a rcal need [o m�dify the Sign Criteria� then this I�tter shall serve as a foTmal request to modify the existing Sign C�teria for the Maore Iake Commons West Shopping center tc� allow for cho installation of cocpc�rate logos in sign cabiaets when te� do otherwise could not be accomplished because of size restrictions and/or other limi�ations. Thank you for your consideratipn of this request. Please fcel free to c�ntact me if you need any additional informatian. Sinceroiy, S wo L„L,C eorge App a � Managing Member 27 09708/I999 I@:34 6I247275I870 Sap-OS-99 07:56A � To: Gcorgc HEXAD MANAGEMENT i �� 1 E. MaOrC Lake Til�Vt Frldley. � ba432 1363? North Grove nrive Maple Grove, MN �6311 Fram; Davo'e Sport Shop, Inc. � � PA6E 04 p.01 s7i-4� io Fridley 420-883? Maple t3rova WQ sra requeating to have our new logo in our sign above our Fridley stare, Our existing sign has been given us many problcros with keeping it lit Our logo i� already in the existing sig�, y�/� feel our ouetomers would r000gnize our etore better if our log� app�arod with t�u wording Sport Shop. qll our advcrtising of newspepe.ra, team unifornna and letterheads includ� our logo. We fccl it i� impottant that wc also have it addod mtn ovcr sign abovc our store. Thank you for your oonsidcration in this mattcr, . l� Miohe�Ie Evans Peisormel Managcr : , � G^3/@8/I999 1@:34 6I247275187@ Sap-07-99 o1:alP �;EP-07-1999 10 � 28 FROh1 TOi� I t,E ADU t N(: �� seqt�aber o7, 1999 DAVE'� SPORT SHOP 1001 E. MOOre L�ko Drivt F�at.r, t�a� sss32 To VY�om lt May Cac�aetn, R�: C)ry ot Fri+dley HEXAD MANAGEMENT tu PAGE 05 �ii.�.��� r.ve P•Ql Top Line Advertising, Inc. Si�n Instelletioa and Service 11�75 Justen Ci�cle., Suite A- Osseo, MN SS369 P� �6�z� aZa-so6� Fau(612)428-5072 T'he ary of Fridkr o�ee�ds a kitar'tatiog why we hsve to put Dave's Sport SDop lo�o itt s cm irntqd of individwl d�u�nel lettera. When yvu hsv� nsvn chantKd letten tbe aeo�n bas tc get ba�t to fit tbe ktten, thete ju�t wauld aat be envugh room to do tl�is sad for the alsctricalK3T0. T7�s Idlttrs -"SpORT SHOP" a� juae to aas11 to a�]ce ai�oaical cmma�ioe� in�de of the latters or heve P.K's betiu+d t!» leetees. The "SPORT 9HOP" {atters m only 7" �gl,, w►b�n you brn black nrm-tllutnimated lctten �vu w�ould h�vs to �ve v+ery good Qyesight to'ee bltcic at c��t. 7'�e�forq whaa yau have t� �te b�kg�round �rith bladc lettere tilce "Dave's Sport Shop,• tojo you arti veiy restrieted on tbe opdcsss pou luvs tor tba �oa�e. S�Y� � \ �— De� Va�m+�t+ok ro�,nvE �►nvFxnsnva, n�c. nun� 29 � � YOTAL P.� � Cfl'Y OF FRIDLEY Date: To: From: RE: AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 13, 1999 9/03/99 � William Bums, City Manager � fi�^J� Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Paul Bolin, Planner Establish a Public Hearing to Revoke a Special Use Permit for for Chopper City Sports, located at 7191 HWY 65. M-99-210 INTRODUCTION Staff asks that the City Council consider a revocation hearing for the Chopper City Sports special use permit, SP #89-14. A revocation hearing would be required to allow the property owners their due process and an opportunity to enter tfieir statements into the public record. It is the City's obligation to enforce the stipulations of a special use permit, or the City waives its right to do so. The City can determine after the public hearing whether or not the facts warrant revocation. SUMMARY OF ISSUES In 1989, the City approved special use permit, SP #89-14, which specifically allows the display of up to a total of four snowmobiles, personal watercraft, and/or all terrain vehicles. On 8/17, staff noticed and photographed that Chopper City was displaying 5 snowmobiles, 2 ATV's, and 2 trailers. On 8/19, staff again noticed that Chopper City was displaying the same items in the Highway 65 right of way. Displaying items in the right of way is a violation of the special use permit, City codes, and State statutes. Staff has contacted Chopper City, and indicated that any further displaying of inerchandise in the HWY 65 right of way would result in citations being issued. The height to which Chopper City has merchandise stacked behind the building is also in violation of SP #89-14. Merchandise stored behind the fence may not exceed the height of the fence. From the enclosed photo, it is obvious merchandise is being stored much higher than allowed by the special use permit. Staff had correspondence in 1998, with Chopper City, regarding these same violations of the special use permit stipulations. Due to repeat offenses over the past year, City Staff recommends that the City Council set October 11,1999 as the date to hold a public hearing for consideration of the revocation of special use permit, SP #89-14. 30 As for revocation for violations, our City Attorney has indicated that the City is obligated to review cases such as this and make a determination as to the action necessary. Mr. Knaak has indicated that there is no such thing as a partial revocation. Either the City revokes the special use permit, or they do not. If revoked, Chopper City can re-apply for a permit. New stiputations would be constructed through this process. In either case, a public hearing must be held in accordance with state law. Once the hearing is held the City has the following 2 options: • Revoke special use permit, SP #89-14, and deny Chopper City Sports the opportunity to display merchandise in the open, and deny exterior storage of materials and equipment. • Hotd open the hearing and final decision indefinitely , while allowing Chopper City to keep SP #89-14, but create a public record setting Chopper City Sports on notice of past violations and the City's obligations to strictly enforce the stipulations of the special use permit. Have staff continue to monitor and recall petitioner to the council fo�um for violations observed. HISTORIC REFERENCE The City has exercised it's right to hold a revocation hearing with other business' in Fridley. Home Depot, Menards, & Wal-Mart have all had revocation hearings in the recent past. The City did not revoke any of these special use permits, but left the hearings open and notified the business' of the City's intent to revisit and potentially revoke their special use permits for any future violations. The business' have complied with City requirements since the time of their hearings. The City recently has revoked a special use permit for a second accessory building in a residential setting. This revocation was due to non-compliance with the stipulations of the properties special use permit. RECOMMENDATION Staff recommends the City Council set October 11, 1999 as the date for a public hearing on the revocation of SP #89-14. �C� _�-�-� .� _ _ CITY OF FRIDLEY fRIULEI' MI�NICIP:�L CE\TER •(,-i?i l!I�IVERSITI' A�'E. N.E. FRIDLEI', MN ii.�i? •�(��?� i7�-i-tip . FAX il�i'_� �71-I?ti7 CITY COUNCIL ACTION TAKEN NOTICE Ted Haines 21833 Healy Avenue Forest Lake, MN 550?�5 Dear Mr. Naines: October 4, 1989 On October 2, 1989 the Fridley City Council approved your request for a special use permit, SP #89-14, to allow enterprises having merchandise in the open and not within an enclosed structure; to allow exterior storage of materials and equipment, located at 7191 Highway 65 N.E., with the following stipulations: , �` . �2 . %� The display vehicles shall be located at the southwest corner of the building on the sidewalk. The storage areas shall be screened with an eight foot chain link fence with slats. .(n1 ,_,� The materials to be stored shall not exceed the height of the �)`�� fence. � The petitioner shall submit a landscaping plan to include the �j� �a,,,��y�. installation of ivy plantings along the chain link fence line -��,i�,� exposed to 72nd Avenue, and trees and shrubs to replace any dead or dying vegetation along the 72nd Avenue boulevard and to provide additional screening along the street. The landscaping plan shall include an underground sprinkling plan. 0��°� D� � The parking spaces along the south side of the building shall be five feet from the building. Permission to display four vehicles does not include cars, boats or recreational vehicles. 32 �: � 4� T��r-�•� ... T:.: j' K�+� :�.; ''y ::`:� � "� ;� �-^-- ��t>�±. :-..�.;: i ; •r.{i�c: `;,: :n w� ,'. . ; : ;,, .-`ti J�� ^, a" '- � � �.k ;1^� -'. 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A Y ka ',� +. i; ��� 1+a� f' '���� "`� t liPi �%� # l• ' _ A ' � t � {}' i y�,�yi,�.kL ' y . . . jn�� 4 ��� x�,"�b. �1�T� �f �:^ - y�.�{i�l� ��� '• ty t _ .. t�f ��a� 1" � � " #.� .a . v*"d � � .B�-'�PS,., :. �# Y+� �,f,r �a �� W z � � t � . � t L� �J 7� s.s -F y(� yyJ 1- { _ . � � �: S► i ,i'± 1 � r �'3'�? 3 '1:� �S� g � � ' . ' � � . � � � . .: �� � .,. � f ., ' '4 ,� "�' �p � �: t ��� �,y -"'°�t1 % . yi� � +�.. r ' i1-. 1 . a c- � � . � fi,.' � . . - '. :. : . ' � �.-.F'�� "' 3.�" s_� �`"� '�.�'" , . .: u ' yF i ��,� p� ��y � �_ yr tu_ � h ,r��"r �' - -��.�.fil-� �}p ,� �t �. "j. r �" �t: Y- �s . � ��,, n"� � #_�� � � �- "�,��� 3 t. � _ } y� } �'bt:'s'''�.�+ �� . �. . „ �.8 - � ,�.8 s �°; � �y� '� � , . . . ; � _ ,'�=�sv .� t �y:., ' Y.. '"1 .: i: ' ._ . . `.� fit r. _ +c: .� / � CfTY OF PRIDLEY TO: FROM: DATE: AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 13, 1999 William W. Bums, City Manager � �� Barbara Dacy, Community Development Director September 8, 1999 SUBJECT: Establish Public Hearing to Modify Redevelopment Plan, Tax Increment Financin Plans, and to extend TIF District #6 Staff recommends the City Council establish October 11, 1999 as the public hearing date to consider modifications to the redevelopment project area, to amend tax increment financing plans, and to extend TIF District #6. The purpose of the modifications is threefold. First, the Tax Increment Financing Plans for a majority of the districts need to be updated to reflect recently proposed expenditures (the expenses associated with the Medtronic project for example need to be included in TIF Plan #6). Second, the redevelopment project area modification is to include parcels that are currently under negotiation for acquisition (Maynard Nielsen, residential scattered site lots, and Gateway East parcels) in the City's redevelopment project area. Staff will also be recommending adding other parcels which the City or Authority may choose to use tax increment in the future. In general, the area south of a line along 61S` Avenue across the City and a majority of the southern part of the City along I-694 will be suggested. Remember that the project area is just a planning tool, it is not a tax increment district. It does not bind the Council or HRA in any way. The project area permits the HRA to spend tax increment for statute approved expenses. A map depicting these areas is now being developed on the GIS system. Finally, the public hearing will discuss the extension of District #6 for the Medtronic project. On October 25, 1999, pending the outcome of negotiations with Medtronic, the City Council will consider the resolution to amend the project area and TIF plans, and will also consider the resolution to extend the tax increment district for the Medtronic project. The County and the School District have each approved their resolutions agreeing to the extension. M-99-217 39 RESOLUTION NO. A RESOLUTION CALLING FOR A PUBLIC HEARING ON THE MODIFICATION OF THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT N0.1 AND THE TAX INCREMENT FINANCING PLANS FOR TAX INCREMENT FINANCING DISTRICTS NOS. 1 THROUGH 3, 6, 7 AND 9 THROUGH 16, TO REFLECT ENLARGEMENT OF THE PROJECT AREA AND INCREASED PROJECT COSTS TO BE UNDERTAKEN WITHIN REDEVELOPMENT PROJECT NO. 1 AND THE EXTENSION OF THE DURATION OF TAX INCREMENT FINANCING DISTRICT NO. 6 PURSUANT TO A SPECIAL LAW. BE IT RESOLVED by the City Council (the "Council") of the City of Fridley, Minnesota (the "City"), as follows: Section 1. Public Hearinq. 1.01. This Council shall meet on Monday, October 11, 1999, commencing at 7:30 o'clock p.m. at City Hall, 6431 University Avenue N.E., Fridley, Minnesota, to hold a public hearing on the following matters: (a) the mod�cation of the Modified Redevelopment Plan for Redevelopment Project No. 1(the "Project Area"), to reflect enlargement of the Project Area and increased project costs to be undertaken therein, pursuant to and in accordance with Minnesota Statutes, Sections 469.001 to 469.047, inclusive, as amended and supplemented from time to time; (b) the modification of the Modified Tax Increment Financing Plans for Tax Increment Financing Districts Nos. 1 through 3, 6, 7, and 9 through 16, to reflect enlargement of the Project Area and increased project costs to be undertaken therein, pursuant to Minnesota Statutes, Section 469.174 through 469.179, inclusive, as amended and supplemented from time to time; and (c) the further modification of the Modified Tax Increment Financing Plan for Tax Increment Financing District No. 6 to reflect the extension of the duration of such district, pursuant to Laws of Minnesota 1999, Chapter 243, Article 10, Section 23. Section 2. Notice of HearinQ; FilinQ of Plans. 2.01. The City Clerk is authorized and directed to cause notice of the public hearing, substantially in the foRn attached hereto as Exhibit A, to be published as required by law, to place a copy of the proposed Modified Redevelopment Plan and the proposed Modified Tax Increment Financing Plans (collectively the "Plans") on file in the City Clerk's office and to make such Plans available for inspection by the public. . � Page 2 - Resofution No. PASSED AND ADOPTED BY THE COUNCIL OF THE CITY THIS 13TH DAY OF SEPTEMBER, 1999. ATTEST: DEBRA A. SKOGEN - CITY CLERK NANCY J. JORGENSON - MAYOR CERTIFICATION I, Debra A. Skogen, the duly qualified Clerk of the City of Fridley, County of Anoka, Minnesota, hereby certif�r that the foregoing is a true and correct copy of Resolution No. passed by the City Council on the day of September, 1999. DEBRA A. SKOGEN - CITY CLERK I� _ .C�'{:I[:�� NOTICE OF PUBLIC HEARING CI7Y OF FRIDLEY COUNTY OF ANOKA STATE OF MINNESOTA NOTICE IS HEREBY GIVEN THAT the City Council (the "Council") of the City of Fridley, Minnesota, will hold a public hearing on Monday, October 11, 1999, at 7:30 o'clock p.m., to be held at the Fridley, City Hall, 6431 University Avenue N.E., Fridley, Minnesota, relating to (a) the approval and adoption of a proposed Modified Redevelopment Plan for Redevelopment Project No. 1(the "Project Area") to reflect enlargement of the Project Area and increased project costs to be undertaken therein, pursuant to Minnesota Statutes, Sections 469.001 to 469.047, inclusive, and (b) the approval and adoption of proposed Modified Tax Increment Financing Plans for Tax Increment Financing Districts Nos. 1 through 3, 6, 7, and 9 through 16, to reflect enlargement of the Project Area and increased project costs to be undertaken therein, pursuant to Minnesota Statutes, Sections 469.174 to 469.179, inclusive. The hearing is also relative to the approval and adoption of the proposed Modified Tax Increment Financing Plan for Tax Increment Financing District No. 6, to reflect the extension of the duration of the district, pursuant to Laws of Minnesota 1999, Chapter 243, Article 10, Section 23. Copies of the documentation relating to the above proposed actions will be on file and available for public inspection in the City Cle�lc's office. No additional property will be included within a tax increment financing district as a result of this proposed modification. Attached hereto is a map showing the geographic boundaries of Tax Increment Financing District Nos. 1 through 3, 6, 7, and 9 through 16, the areas from which tax increments revenues may be generated, and proposed Redeve�opment Project No. 1, the area within which tax increment revenues may be expended. All interested persons may appear at the hearing and present their views orally or in writing. BY ORDER OF THE CITY COUNCIL /s/ City Manager (attach map) 42 ` AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 13, 1999 GTY OF FRIDLEY TO: William W. Burns, City Manager�� I° FROM: Barbara Dacy, Community Development Director DATE: September 8, 1999 SUBJECT: Resolution Participating in the 2000 Livable Communities Act Local Housing Incentives Program Staff recommends the City Council adopt the attached resolution authorizing the City to participate for the fourth year in the Livable Communities Act Program. Participating in the program enables the City to access the regional grant funds administered by the Metropolitan Council. The City has been able to assist Dealer's Manufacturing and the Onan/Murphy Warehouse project using the "Tax Base Revitalization" grant program. Without these funds, the projects simply would have not occurred. Additional points are also awarded on federal funding applications, like transportation projects. The recently completed work at the Lake Pointe DrivelTH 65 intersection was made possible by a federal funding program, and the City's participation in the Livable Communities Act program enabled the City to score higher on that application. The HRA also hopes to take advantage of the Met Council's grant programs for the Gateway East project. Adoption of the attached resolution is recommended. M-99-215 �� RESOLUTION NO. -1999 A RESOLUTION ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT CALENDAR YEAR 2000 WHEREAS, the Metropolitan Livable Communities Act (Minnesota Statues Section 473.25 to 473.254) establishes a Metropolitan Livable Communities Fund which is intended to address housing and other development issues facing the metropolitan area defined by Minnesota Statutes Section 473.121; and WHEREAS, the Metropolitan Livable Communities Fund, comprising the Tax Base Revitalization Account, the Livable Communities Demonstration Account, the Local Housing Incentive Account and the Inclusionary Housing Account is intended to provide certain funding and other assistance to metropolitan area municipalities; and WHEREAS, a metropolitan area municipality is not eligible to receive grants or loans under the Metropolitan Livable Communities Fund or eligible to receive certain polluted sites cleanup funding from the Minnesota Department of Trade and Economic Development unless the municipality is participating in the Local Housing Incentives Account Program under the Minnesota Statutes Section 473.254; and WHEREAS, the Metropolitan Livable Communities Act requires the Metropolitan Council to negotiate with each municipality to establish affordable and life-cycle housing goals for that municipality that are consistent with and promote the policies of the Metropolitan Council as provided in the adopted Metropolitan Development Guide; and WHEREAS, each municipality must identify to the Metropolitan Council the actions the municipality plans to take to meet the established housing goals through preparation of the Housing Action Plan; and WHEREAS, the Metropolitan Council adopted, by resolution after a public hearing, negotiated affordable and life-cycle housing goals for each participating municipaliry; and WHEREAS, a metropolitan area municipality which elects to participate in the Local Housing Incentives Account Program must do so by November 15 of each year; and WHEREAS, for calendar year 2000, a metropolitan area municipality that participated in the Local Housing Incentive Account Program during the calendar year 1999, can continue to pa�ticipate under Minnesota Statutes Section 473.254 if: (a) the municipality elects to participate in the Local Housing Incentives Program by November 15, 1999; and (b) the Metropolitan Council and the municipality have successfully negotiated affordable and life-cycle housing goals for the municipality. . . Page 2 — Resolution -1999 NOW, THEREFORE, BE IT RESOLVED THAT the City of Fridley hereby elects to participate in the Local Housing Incentives Program under the Metropolitan Livable Communities Act during the calendar year 2000. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY TffiS 13TH DAY OF SEPTEMBER,1999. ATTEST: DEBRA A. SKOGEN - CITY CLERK 45 NANCY J. JORGENSON - MAYOR � AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 13, 1999 C]TY OF FRIDLEY To: William W. Bums, City Manager � ,�Y.�i From: Barbara Dacy, Community Development Director Date: September 8, 1999 Subject: Resolution Amending the City's Comprehensive Plan regarding TH 65 PURPOSE OF REQUEST Staff has initiated a Comprehensive Plan amendment process to the Transportation Chapter in order to include text relating to the potential lane expansion project on TH 65. As you may recall, the project was identified as a possible long -term solution to improve the function of TH 65 in the environmental analysis of the Medtronic Inc. Corporate Campus project. The purpose of processing the plan amendment application now versus the overall update is to show consistency between the plan and a federal highway fund application which is now being prepared by the City and the Housing and Redevelopment Authority. The deadline for "TEA-21" funds (the new name for the federally funded transportation program) is September 20, 1999. Additional points are awarded during the scoring process when the project is implementing a solution to a problem or concern identified in the City's Comprehensive Plan. Metropolitan Council staff advised City staff that the application would be strengthened if the amendment were put into place immediately or at least in process. PROCESS The Planning Commission conducted a public hearing on July 7, 1999 regarding the amendment. The Planning Commission authorized staff to submit the application to the Met Council. The plan amendment application and language was delivered to Met Council offices on August 13, 1999, and a copy of the plan amendment language was transmitted to the City Council on August 16, 1999. On September 2, 1999, Kevin Roggenbuck of Met Council staff notified Fridley staff that the amendment passed through Council review with no comments, and that the City could place the amendment into effect any time. Consistent with State Statutes, a resolution officially adopting the plan amendment is attached for Council approval. The federal funding application will refer to the effective date of the plan amendment as September 13, 1999. RECOMMENDATION Staff recommends the City Council adopt the resolution as presented. BD/bd M-99-216 . � RESOLUTION NO. -1999 A RESOLUTION AMENDING THE TRANSPORTATION CHAPTER OF THE COMPREHENSIVE PLAN REGARDING A TRAFFIC CONCERN ON TRUNK HIGHWAY 65 WHEREAS, the Metropolitan Land Planning Act (Minn. Stat. 473.851 through 473.872, as amended) requires local government units to prepare and submit plan amendment applications to the Metropolitan Council, when changing the City's Comprehensive Plan; and WHEREAS, the City of Fridley initiated a plan amendment application as filed as CPA #99-01 in the City offices; and WHEREAS, the City determined that it was necessary to promulgate the plan amendment to identify a traffic concern on Trunk Highway 65, in anticipation of a federal funding application; and WHEREAS, the Planning Commission held a public hearing on the Comprehensive Plan Amendment to the Transportation Chapter, CPA #99-01, on July 7, 1999; and WHEREAS, the plan amendment application and language was delivered to the Metropolitan Council offices on August 13, 1999; and WHEREAS, the Metropolitan Council has completed its review of the application; and WHEREAS, the Metropolitan Council has authorized the City of Fridley to put the amendment into effect at any time. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley hereby approves the Comprehensive Plan Amendment, CPA #99-01, as found on file in the City offices. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 13"' DAY OF SEPTEMBER, 1999. ATTEST: DEBRA SKOGEN, CITY CLERK NANCY J. JORGENSON - MAYOR 47 � � C1T1f OF FRIDLEY DATE: TO: FROM: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 13, 1999 September 3, 1999 William Burns, City Manager�,r�� Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Missy Daniels, Planner Resolution Ordering Demolition of Hazardous Building at 532 Janesville Street Background This house is located at 532 Janesville Street N.E. in Riverview Heights in Fridley. The address file reflects a permit for a garage in 1970, and an addition to the house in 1973. The house itself was constructed before this time and does not have a building permit on file. The lot is nonconforming in that it is 6,875 square feet. For this area, a lot dimension of 7,500 square feet is required. If damage to a structure that is considered nonconforming is beyond 50 % of the value of the structure, it cannot be repaired or rebuilt. Current Status On July 2, 1999 inspectors from the Building Department conducted an inspection of the property. Based on the inspection evidence, the building inspectors declared the building hazardous and damaged beyond repair. The Chief Building Official completed an inspection report stating that there was major structural damage to the south wall, to 100% of the roof, and to the interior frame. He also reported that it was an 80% loss and the building is hazardous. Property Ownership The City's records from the County indicate that John L. Theis is the owner of the property. Hazardous Building Statutes Under State law, the City can order the removal or repair of "hazardous" buildings. The process works as follows: 1) Council adopts a resolution ordering the demolition of the property. The resolution identifies the hazardous conditions of the property and allows the owner to demolish the structure within 20 days (October 3, 1999). The resolution goes on to describe the actions the Council will take if the owner fails to respond. . • Memo September 3, 1999 Page 2 2) Owner/s of record are notified of the Council's order. 3) If the owner does not respond by the deadline and take actions, the City would have to go to court to enforce its order. If the owner does not contest the issue, the Court can issue an order to enforce the City's resolution. The judge will then set a date upon which time the City can proceed with the demolition. 4) Demolition occurs and costs are then assessed against the property. Staff has prepared a resolution (attached) ordering the demolition of the building. Recommendation Staff recommends that the City Council approve the attached resolution ordering the demolition of 532 Janesville Street N.E. CEM-99-24 . • RESOLUTION NO. - 1999 RESOLUTION ORDERING THE REMOVAL OR REPAIR OF A HAZARDOUS BUILDING, PURSUANTTO MINNESOTA STATUTES SECTION 463, LOCATED WITHIN THE CITY OF FRIDLEY, MINNESOTA BE IT RESOLVED by the City Council of the City of Fridley, Minnesota as follows: In the matter of the Hazardous Building Located at 532 Janesville Street N.E. : Legally described as the East half of Lot 50 and all of Lots 51 8� 52, Block F, Riverview Heights, Anoka County, as on file and of record in the County Recorder's office of said County. TO: John Theis, and any tenants, occupants or any other person claiming an interest in the above-described premises. Pursuant to Minnesota Statutes, Section 463.15 to 463.61 the Council of the City of Fridley, having duly considered the matter, finds the above-described building to be a hazardous building for the following reasons: The above-described premises bumed on July 1, 1999. The Chief Building Official of the City conducted an inspection of the premises on July 2, 1999, and submitted to the City a report of his observations of the premises, which report is attached hereto, incorporated by reference, and shall be considered among the findings of the City Council in its determination of the matter. In particular, the damage to the building includes, but is not limited to: A Major structural damage to the south wall. B. Major structural damage to 100% of the roof C. Structural damage to the interior frame D. Determination that the fire caused an 80% loss to the structure. E. Determination that the building is hazardous. 2. The Council further orders that unless the building is razed by the owner, or an answer is served upon the City of Fridley and filed in the office of the Clerk of District Court of Anoka County, Minnesota within 20 days from the date of the service of this order, a motion for summary enforcement of this order will be made to the District Court of Anoka County. Enforcement of this order shall include demolition of the both structures on the lot, the house and the garage, and regrading and cleaning of the property. The Council orders that all personal property of fixtures that may unreasonably interfere with the razing and removal of the buildings, shall be removed within 20 days, and if not so removed by the owner, and the City razes the structure, the City of Fridley may remove and sell such personal property of fixtures at public auction in accordance with law. 3. The Council orders that if the City is compelled to take any corrective action herein, all necessary costs expended by the City will be assessed against the real estate concemed and collected in accordance with Minnesota Statutes, Section 463.22. 50 Page 2 - - Resolution No. -1999 4. The Mayor, Clerk, City Attomey and other officers and employees of the City are authorized and directed to take such action, prepare, sign and seroe such papers as are necessary to comply with this order and to assess the costs thereof against the real estate described above for collection along with taxes. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEYTHIS 13"' DAY OF SEPTEMBER, 1999. ATTEST: DEBRA A. SKOGEN CITY CLERK NANCYJ.JORGENSON MAYOR 51 � � CRY OF FRIDLEY DATE: TO: FROM: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 13, 1999 September 8, 1999 William W. Burns, City Manager �,�'` t° Barbara Dacy, Community Development Director Grant Fernelius, Housing Coordinator Reallocation of 1999 CDBG Funds As part of the 1999 CDBG program, the City allocated $10,000 for targeted code enforcement. Since the application was submitted last spring, Anoka County has informed staff that the activity is ineligible under HUD rules. As a side note, this is contrary to information staff had received late in 1998. Nonetheless, the funds need to be reallocated to another CDBG eligible activity. Staff is proposing to use the funds for the housing rehab program. Initially, the Council allocated $112,500 for housing rehab. The revised budget would be increased by $10,000 to $122,500. Currently, staff is processing more than 30 applications for the program and the additional funds would be helpful. Recommendation Staff recommends that the City Council reallocate $10,000 from targeted code enforcement to housing rehab under the 1999 CDBG program. M-99-214 52 //�"�� y::�\\ �� • ��\ � �;�� ..� o �, .0 , .����=� i i�` •� (;f;1 � Fridley Police Department Memorandum � To: William W. Burns �1�'�� From: Lt. Herb Zimmerman � Date: August 26, 1999 Re: 1999-2000 Animal Control Contract Attached is the proposed 1999-2000 animal control contract. We are once again proposing this contract be made with Brighton Veterinary Hospital. There are no changes in the new contract, including compensation. The Fridley Police Department is very satisfied with the service provided by the Brighton Veterinary Hospital and recommends approval and signing of the contract. ,. 53 A�NINIAL CONTROL CONTRACT This contFact, made and entered into this 13th day of September 1999 by and between Brighton Veterinary Hospital, 2615 Mississippi Street, New Brighton, Minnesota, 55112, hereinafter refened to as "animal shelter" and the City of Fridley, a municipal corporation, 6431 University Avenue, Fridley, Minnesota 55432, hereinafter referred to as "city". I. TER�vf The term of this contract shall be from September 1, 1999 through August 31, 2000. II• AIVIMAL SHELTER SERVICES The city agrees to purchase and the animal shelter agrees to furnish the following services: 1. Shelter for animal drop-offs on a 24-hour basis 2. Animal examinations and veterinary care as required during normal business hours. 3. Seized stray animals shall be held for five (5) regular business days. After five regular business days the city shall have no right or interest in such animals. 4. Euthanasia and disposal if required due to serious injury, illness, or after five regular business days, in compliance with State Statute MS 35.71. 5. Receiving and disposing of dead animals delivered by the city. 6. Upon request, train city animal control officers in safe and humane handling and apprehension of animals. 7. Keep accurate records of all animals impounded, boarded, and destroyed, pursuant to this agreement and furnish monthly statements to the city. 8. Keep the animal shelter open during normal business hours of the Brighton Veterinary Hospital and not less than normal business hours of the city. 9. The animal shelter, during normal business hours, shall be open for inspection by the city or it's agents. 10. Collect license fees from owners who retrieve animals not currently licensed and return fees to the city. . � � 11. Collect boarding fees at $10.00 per day for dogs and $8.00 per day for cats, per animal from owners who retrieve animals. Fees are kept by the animal shelter. 12. Hold any impounded animal being reclaimed until proof of applicable current licensing and rabies vaccine is produced. 13. Serve as animal control officers for the city, as defined in Fridley City Code Chapter 101, and as applicable to the operation of the animal shelter. III. CITY RESPONSIBII,ITY After normal business hours, the city will transport any injured animals that are in a live threatening condition to the Affiliated Emergency Veterinary Services, at no cost to the animal shelter. After treatment and release the city will transport the animal to the animal shelter. IV. COMPLIANCE WITH LAWS In providing all services pursuant to this contract, the animal shelter shall abide by all statutes, ordinances, rules and regulations pertaining to or regulating the provision of such services. V. AUDIT DISCLOSURE AND RETENTION OF RECORDS The animal shelter agrees to make available to duly authorized representatives of the city and either the legislative auditor or the state auditor for the purpose of audit examination, any books, documents, papers, and records of the animal shelter that are pertinent to the animal shelter's provision of service hereunder. The animal shelter further agrees to maintain all such required records for three years after receipt of final payment and the closing of all other related matters. VI. ANIMAL SHELTER RESPONSIBILITIES AND INSURANCE The animal shelter shall be responsible for all damages, harm or illness suffered by the animals under its care and in its custody which may be due to the negligence of the animal shelter. Said animal shelter shall save the city harmless from any damages, costs, actions, or causes or action, or claims made against the city for any harm, losses, damages, or expenses or account of bodily injury, sickness, disease, improper disposition, death, and property damage resulting from the animal shelter's operation. The animai shelter shall procure and keep in full force comprehensive general liability insurance in the amount of not less than $100,000 and $350,000 to 55 safeguard and indemnify the city for any of the occurrences aforementioned. Such insurance policy must be filed with the city clerk. VII. COMPENSATION 1. The city shall pay the animal shelter the sum of $1,200 per month for services stated in this contract. Said sum shall be paid on or about the last day of the month, or within thirty (30) days after submission of the monthly claims, by the animal shelter. 2. The animal shelter may charge and retain customary veterinary fees including rabies, and distemper-parvot (DHPP) vaccine. VIII. EARLY TERMINAT'ION This contract may be terminated by either party, with or without cause upon thirty (30) days written notice, delivered by United States mail or in person, to the other party. For purposes of such notice, the address of the animal shelter is: Bri�hton Veterinary Hospital PA 2615 Mississippi St. New Brighton, MN 55112 and the address of the city is: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 IX. MODIFICATIONS Any material alterations, modifications or variations of the terms of this contract shall be valid and enforceable only when they have been reduced to writing as an amendment and signed by the parties. X. ENTIItE AGREEMENT It is understood and agreed by the parties that the entire agreements of the parties are contained herein and that the contract supersedes a11 oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the animal shelter and the city relating to the subject matter hereof. The parties hereto revoke any prior oral or written agreement between themselves and hereby agree that this contract is the only and complete agreement regarding the subject hereof. 56 ANIMA]L SHELTER CITY . � By: �� � `� By� _ �� � �� Title: � Title: Date: 2' l , , ! % Date: Title: Title: Date: 57 Date: � � arr oF FRIDLtY AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 13, 1999 TO: WILLIAM W. B URNS, CITY MANAGER ,� �� � FROM.• RICHARD D. PRIBYL, FINANCE DIRECTOR SUBJECT: RECIEVE BIDS AND A WARD CONTRACT FOR THE PURCHASE OF A NEW POINT OF SALE INVENTORYMANAGEMENT SYSTEM DATE: September 9, 1999 Shown below you will find the results of the bidding process that occurred in the recent past. Staff has been reviewing the market place for some time regarding companies that are successfully marketing and maintaining software for Off-Sale Liquor. This process included not only developing detailed specifications but also on site demonstrations of the products. We received three bids, one of which did not comply with the bid specifications. The system that staff is recommending to Council is the system proposed by Dailey Data & Associates. The proposal that they submitted is actually the lowest bid at $33,661.60. Once again as a result of the bidding process, we were very happy to see that the lowest bid was under �vhat our estimates had been. Staff is recommending that Council award the Point of Sale System to Dailey Data & Associates at a cost of $33,661.60. Retail Data Systems Total Register Systems Dailey Data & Associates RDP/me $48,786.00 $44, 096.40 $33,661.60 : Is��,,,, ,� �.v �;�`�, Parks Slrcel� '�1� nit�i�. MEMORANDUM TO: William W. Burns, City Manager �� PW99-166 �i FROM: John G. Flora, Public Works Director Jon Thompson, Estimator\Construction Inspector DATE: September 10, 1999 SUBJECT: Bid Opening for Project #326, Liquor Store Parking Lot Improvements Bids were opened at 10:00 A.M. , Friday, September 10, 1999 for Project #326, Liquor Store #3 Parking Lot Improvement. Three bids were received and Diversified Paving, Inc. of Ramsey was low bidder at $33,838.50. The engineer's estimate for the Project was $36,000.00. Recommend the City Council award Project #326 to Diversified Paving in the amount of $33,838.50. JGF:cw cc: Rick Pribyl John Haukaas 59 BID FOR PROPOSALS LIQUOR STORE #3 PARKING LOT OVERLAY PROJECT NO. 326 10:00 A.M. SEPTEMBER 10, 1999 ` PLANHOLDER BID BOND TOTAL BiD' ` �OMNIENTS ,"' DIVERSI�IED PAVING INC. Cashier's Check $33,838.50 1 8019 146 AVENUE NW RAMSEY MN 55303 $1,700.00 612-421-4120 H & M ASPHALT 6701 NORRIS LAKE ROAD 5% American 535,255.00 2 ELK RIVER MN 55330 Institute of 612-241-0397 Architects NORTI-�.�1ALLEY PAVING INC 5% United Fire $39,865.00 3 4104 85 AVENUE N BLDG D SUITE 203 & Casualty BROOKLYN PARK MN 55443 612-425-2988 • � : AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 13, 1999 CIT1f OF FRIDLEY CLA1 MS 88983 - 892�3 61 � f CiIY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 13, 1999 Type of License CIGARETTE SALES Ashland Station 5300 Central Avenue NE Fridley, Minnesota 55432 University Market/Texaco 7295 University Avenue NE Fridley, Minnesota 55432 FOOD SALES Taco Bell #20117 7295 University Avenue Fridley, Minnesota 55432 University Market/Texaco 7295 University Avenue NE Fridley, Minnesota 55432 REFUSE HAULER Best Disposal Services LLC 601 Nelson Boulevard Montrose, Minnesota 55363 RETAIL GASOLINE SALES LICENSES � Totem Foods, Inc. Approved By: Police Department Fire Department Community Development Jatt Properties LLC Police Department Fire Department Community Development Border Foods, Inc. Police Department Fire Degartment Community Development Jatt Properties LLC Police Department Fire Department Community Development John Sundman a Police Department Fire Department Community Development University Market/Texaco Jatt Properties LLC Police Department 7295 University Avenue NE Fire Department Fridley, Minnesota 55432 Community Development 62 Fees: $ 125.00 $ 125.00 $ 45.00 $ 45.00 $ 60.00 $ 125.00 TYPE OF LICENSE ELECTRICAL Alpha & Omega Electric Inc 12705 Eveleth Path Apple Valley MN 55124 X-L Electric Inc 12354 Ridgewood Dr Elk River MN 55330 GAS SERVICES LICENSES (CONTINUED) BY Wayne Bezanson Joseph Kirkeide Environmental Systematics of MN Inc 1400 Selby Ave STE 260 St Paul MN 55104 Raj Saraf Paragon Plumbing & Heating 15034 Drake St NW Andover MN 55304 Brian Johnson Residential Heating & Air 1815E41 StSTEA Minneapolis MN 55407 Dean Kolner GENERAL CONTRACTOR-COMMERCIAL Duke Construction 1550 Utica Ave S St Louis Park MN 55416 Audie Tarpley Johnson C W Construction Co 15740 Rockford Rd Plymouth MN 55446 Chad Johnson Lametti & Sons Inc 16028 Forest Blvd N Hugo MN 55038 Fred Chase Midwest Cedar Timberoof 1001 E Cliff Rd Burnsville MN 55337 Bill Ferguson Oslund Michael Roofing 3639 Buchanan St NE Minneapolis MN 55418 Michael Oslund �� APPROVED BY: STATE OF MINN Same RON JULKOWSKI Building Official Same Same RON JULKOWSKI Building Official Same Same Same Same LICENSES (CONTINUED) TYPE OF LICENSE gy GENERAL CONTRACTOR-COMMERCIAL Petroski Contractor 1636 Minnehaha Ave W St Paul MN 55104 Joe Petroski Ryan R J Construction Inc 6511 Cedar Ave S Minneapolis MN 55423 Ron Ryan Senior Housing Construction Inc Po Box 123 Victoria MN 55386 Mark Eklo Sterling Homes Inc 20852 Buchanan St NE East Bethel MN 55011 Kevin Bialke GENERAL CONTRACTOR-RESIDENTIAL Bartow J R & Company (20152027) 3040 Woodlane Dr Woodbury MN 55125 Cities Two (20168799) 1975 Highland Dr Hastings MN 55033 Dahl Steve Construction (7986) 16630 Jaguar Ave Lakeville MN 55044 Diamond Exteriors (29126834) 2700 Winter St NE Minneapolis MN 55413 Dillner Company (20171686) 2192 Acorn Rd Roseville MN 55113 Evenson Ronald Construction (4008) 2047 Peninsula Rd NE Outing MN 56662 Exterior Design Service (3237) 6391 Monroe St NE Fridley Mn 55432 Jim Bartow Justin Vucinovich Steve Dahl Cindy Praust Richard Dillner Ronald Evenson Paul Kilgore 64 APPROVED BY: Same Same Same Same STATE OF MINN Same Same Same Same Same Same LICENSES (CONTINUED) TYPE OF LICENSE BY GENERAL CONTRACTOR-RESIDENTIAL Imperial Siding & Remodeling (8510) 140 Hudson Ave N Big Lake MN 55309 Michael Morgan Ken's Roofing Co (5035) 3600 Minnehaha Ave Minneapolis MN 55406 Ken Green Legvold Construction (3650) 374 Belmont Lane Maplewood MN 55117 Gary Legvold Ovall Roofing Construction Inc 6730 213 Ave NW Elk River MN 55330 Glen Ovall Sumco Inc (4305) 7700 McColl Dr Savage MN 55378 Kenneth Jacobsen HEATING Environmental Systematics of MN Inc 1400 selby Ave STE 260 St Paul MN 55104 Paragon Plumbing & Heating 15034 Drake St NW Andover MN 55304 Residential Heating & Air 1815E41 StSTEA Minneapolis MN 55407 MASONRY L P Construction 19115 University Ave NE Cedar MN 55011 Raj Saraf Brian Johnson Dean Kolner Larry Plochocki 65 APPROVED BY: Same Same Same Same Same RON JULKOWSKI Building Official Same Same RON JULKOWSKI Building Official . LICENSES (CONTINUED) TYPE OF LICENSE PLUMBING Bjorlin J L Plumbing 1561 Bunker Lake Bivd Ham Lake MN 55304 Metro Testing PO Box 32268 Fridley MN 55432 Plumbing Services Inc 1628 Hwy 10 NE Spring Lake Park MN 55432 Roberts Plumbing Inc 565 Oak Drive S Vadnais Heights MN 55127 WRECKING Kamish A 8� Sons Inc 6010 Concord Blvd Inver Grove Heights MN 55076 BY James Bjoriin Gary Ford Mike Nally Robert Wussler Steve Hulse .. APPROVED BY: STATE OF MINN Same Same Same RON JULKOWSKI Building Official � � CRY OF FRIDLEY ESTIMATES CITY COUNCIL MEETING OF SEPTEMBER 13, 1999 Frederic W. Knaak, Esq. Holstad and Knaak, P.L.C. 3535 Vadnais Center Drive St. Paul, MN 55110 Services Rendered as City Attorney for the Month of August, 1999 ....... Visu-Sewer Clean & Seal, Inc. 3940 Louisiana Avenue St. Louis Park, MN 55426 ............................................ $ 5,000.00 Sanitary and Storm Sewer Repair Project No. 320 FINALESTIMATE ......................................................................... $126,370.40 Park Construction Co. 7900 Beech Street N.E. Minneapolis, MN 55432-1795 Riverview Heights Area Improvement Project No. ST. 1999 —1 Estimate No. 5 .............................................. Ron Kaasa Construction 6005 — 250`h Street East Elko, MN 55020 ............................ $451,811.21 1999 Miscellaneous Concrete Curb & Gutter & Sidewalk Project No. 322 EstimateNo. 6 .................................................................................... $ 10,309.78 � MEMORANDUM PW99-164 TO: Richard Pribyl, Finance Director John G. Flora, Public Works Director FROM: �aukaas, Assistant Public Works Director � �- Jon Thompson, Estimator/Construcdon Inspector . DATE: September 13, 1999 . SUBJECT: Final Cost of Sanitary and Storm Sewer Repair Project No. 320 The Sanitary and Storm Sewer Repair Project No. 320 is now complete. The total contract cost is $126,370.40. The original contract amount was $125,370.40. The $1,000.00 increase in the contract cost, based upon rhe bid item, was due to four additional existing sanitary house services that did not show up on the previous TV reports. When the liner installaaon was completed, six rather that two house services had to be cut out with the roboac cutter. The total overrun is less that 0.8 of 1%. JT:cw .: FROM: City of Fridley Engineering Division T0: Honorable Mayor and City Council City of Fridley 6431 University Ave, NE Fridley, MN 55432 Dated: September 13,1999 CITY OF FRIDLEY PUBLIC WORKS DEPARTMENT 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MINNESOTA 55432 Estimate No.1(FINAL) Period Ending: September 10,1999 FOR: �suSewer Clean & Seal Inc. 3940 Louisiana Ave St. Louis Park MN 55426 SANITARY AND STORM SEWER REPAIR PROJECT N0. 320 Job Code: 602-6000-415�007 STATEMENT OF WORK SUBTOTAL $126,370.40 `t���c1, � � $126,370.40 �su-Sewer Clean & Seal Inc. Sanitary and Stortn Sewer Repair Project No. 320 Estimate No. 1 (FINAL) SUMMARY: Original Contract Amount Contract additions: Contract deductions: Revised contract amount Value Completed To Date Amount Retained (0%) Less Amount Paid Previously AMOUNT DUE THIS ESTIMATE CERTIFICATE OF THE CONTRACTOR I hereby certify that the work performed and the materials supplied to date under the terms of the contract for this project, and all authorized changes thereto, have an actual value under the conUact of the amounts shown on this es6mate (and the final quantities on the final estimate are correct), and that this estimate is just and correct and no part of the 'Amount Due This Estimate' has been received. By Contractors Authorized RepresentaGve (TiUe) CERTIFICATE OF THE ENGINEER I hereby certify that I have prepared or examined this estimate, and that the contractor is entiUed to payment of this estimate under the contract for reference project. CITY OF FRIDLEY, INSPECTOR By Checked By Date Respectfully Submitted, John G. Flora, P.E. Public Works Director 7� $125,370.40 125,370.40 126,370.40 0.00 0.00 $126,370.40 Page 2 CITY OF FRIDLEY PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION 6431 University Avenue N.E. Fridley, Minnesota 55432 Honorable Mayor and City Council City of Fridley c% William W. Burns, City Manager 6431 University Avenue N.E. Fridley, MN 55432 Council Members: September 13, 1999 CERTIFICATE OF THE ENGINEER We hereby submit the Final Estimate for Sanitary and Storm Sewer Repair Project No. 320, for Visu- Sewer Clean and Seal Inc., 3940 Louisiana Avenue, St. Louis Park, MN 55426. We have viewed the work under contract for the construcrion of Sanitary and Storm Sewer Repair Project No. 320 and find that the same is substanrially complete in accordance with the contract documents. I recommend that final payment be made upon acceptance of the work by your Honorable Body and that the one year contractual maintenance bond commence on September 10, 1999. Respectfully submitted, John G. Flora Director of Public Works J^r:�Z Prepared by: Checked by: 71 September 13, 1999 To: Public Works Director City of Fridley REPORT ON FINAL INSPECTION FOR CITY OF FRIDLEY SAIVITARY & STORM SEWER REPAIR PROTECT NO 320 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 specificarions 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 final inspecrion that being September 10, 1999: Jon Thompson, Construcrion Inspector Ron Fenney, Project Coordinator 72 September 13,.1999 City of Fridley SAI�TITARY & STORM SEWER REPAIIZ PROJECT NO. 320 CERTIFICATE OF CONTRACTOR This is to certify that items of the work shown in the statement of work certified herein have been actually fumished and done for the above-menrioned projects in accordance with the plans and specifications heretofore approved. The final contract cost is $126,370.40 and the final payment o�126,370.40 for the improvement project would cover in full, the contractor's claims against the City for all labor, materials and other work down by the contractor under this project. I declare under the penalties of perjury that this statement is just and correct. Visu-Sewer Clean & Seal, Inc. Ron Fenney, Project Coordinator 73 September 13, 1999 City of Fridley SAIVITARY & STORM SEWER REPAIIt PROJECT NO. 320 PREVAILING WAGE VERIFICATION This is to cerafy that Visu-Sewer Clean & Seal, Inc., has abided by the Prevailing Wage Provisions as specified by the Minnesota Department of Labor and Industry for Anoka County. I declare under the penalties of perjury that this statement is just and conect. Visu-Sewer Clean & Seal, Inc. Ron Fenney, Project Coordinator 74 � AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 13, 1999 GTY OF FRIDLEY �� TO: WILLIAM W. BURNS, CITY MANAGER �'j- FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR MECHELL TUROK, ASSESSMENT CLERK SUBJECT: PUBLIC HEARING NOTICE FOR THE OSBORNE ROAD IMPROVEMENT PROJECT NO. ST. 1994-5 DATE: September 8, 1999 Attached is the public hearing notice for the Osborne Road Improvement Project No. ST. 1994-5 (Old Central to Stinson Boulevard). The Public Hearing Notice was published in the Focus newspaper on August 19, 1999 as required by State Statute. RDP/mt Attachment < 75 � t��:F:���' � SEN-�1999 �3Y: �l% August 31, 1999 City Council City of Fridley Fridley Municipal Center 5431 University Avenue NE Fridley, MN 55432 Re: Property located at 262 57�' Avenue NE PID 23-30-24-23-0022 Proposed Assessment Dear Council Members: Please be advised that the undersigned, owners of the above-referenced property do hereby notify you that they object to the method and amount of the assessment being proposed. The property will not increase in value by reason of the work which was done and the method of assessment fails to meet the requirements of Minnesota law. Yours truly, ���� � ����� � David and Norma Rust 5735 Quncy Street Fridley, MN 55432 PUBLIC HEARING BEFORE THE CITY COUNCIL Notice is hereby given that the City of Fridley City Councii will meet at 7:30 p.m. on September 13, 1999 to consider, and possibly adopt, the proposed assessment for the Osborne Road Improvement (Old Centrai to Stinson Blvd.) Project No. ST 1994- 5. Adoption by the council of the proposed assessment may occur at the hearing. The proposed assessment roll is on file for public inspection at the Finance Office. The total amount of the proposed assessment is $14,622.56. Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount of an assessment unless a signed, written objection is filed with the clerk prior to the hearing or presented to the presiding officer at the hearing. The council may upon such notice consider an objection to the amount of a proposed individual assessment at an adjoumed meeting upon such further notice to the affected property owners as it deems advisable. An owner may appeal an assessment to district court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. The City of Fridley has adopted Resolution No. 14-1995 deferring special assessment payments for senior citizens. The City Council may approve deferral of payment of special assessments where the payment of said special assessments constitute a hardship. Publish: August 19, 1999 76 Nancy J. Jorgenson Mayor � � CfTY OF FRIDLEY • J TO: FROM: � � AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 13, 1999 WILLIAM W. BURNS, CITY MANAGER !(� � � RICHARD D. PRIBYL, FINANCE DIRECTOR MECHELL TUROK, ASSESSMENT CLERK SUBJECT: PUBLIC HEARING NOTICE ON THE 57� AVENUE STREET IvIPROVEMENT PROJECT NO. ST. 1997-4 DATE: September 8, 1999 attacned is the Public Hearing Notice for the assessment for the 57` Avenue Street Improvement Project No. ST. 1997-4 . The Public Hearing Notice was published in the Focus newspaper on August 19, 1999 as required by State Statute. RDP/mt Attachment 77 PUBLIC HEARING BEFORE THE CITY COUNCIL Notice is hereby given that the City of Fridley City Council will meet at 7:30 p.m. on September 13, 1999 to consider, and possibly adopt, the proposed assessment for the 57`h Avenue Street Improvement Project No. ST 1997-4. Adoption by the council of the proposed assessment may occur at the hearing. The proposed assessment roll is on file for public inspection at the Finance Office. The total amount of the proposed assessment is $208,019.07. Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount of an assessment unless a signed, written objection is filed with the clerk prior to the hearing or presented to the presiding officer at the hearing. The council may upon such notice consider an objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. An owner may appeal an assessment to district court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. The City of Fridley has adopted Resolution No. 14-1995 deferring special assessment payments for senior citizens. The City Council may approve deferral of payment of special assessments where the payment of said special assessments constitute a hardship. Publish: August 19, 1999 : Nancy J. Jorgenson Mayor � i � � � Cfl'Y OF FRIDLEY Date: To: From: � AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 13, 1999 9/8/99 . Wiliiam Bums, City Manager ; f; ��� � Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Paul Bolin, Planning Assistant Planning Commission action on SP #99-04 11A-gg_221 INTRODUCTION On July 26, 1999, the City Council considered a special use permit for Grace Evangelical Free Church. Discussion centered around the Church's proposed Gymnasium, education/ administration additions, the relationship of the new structures to the Church's site, and the relationship of the additions to surrounding properties. Church representatives requested that 2 stipulations (#5 and #6), specific to buitding design, be removed or reconsidered. The City Council held its hearing open pending further discussion between church and staff regarding church design and the stipulations. Staff was optimistic that design solutions would be forthcoming and the Council's special use permit hearing could resume. Unfortunately, after much time and discussion, the final design solution offered by the church is unacceptable and is not recommended. The church has indicated that they want the Council to evaluate this option. Given the alternative proposed, staff is recommending denial of the special use permit as opposed to recommending approval with 6 stipulations. ISSUES Stipulations 5 and 6 addressed the issues of building mass, lack of detail, and relationship to the residential properties to the east. Stipulation 5 required staff approved plans for the construction of the gymnasium with the same exterior materials as those proposed to be used on the proposed administration/education building. Stipulation 6 required that the petitioner step the east wall of the administration/education building to create a scale more compatible with the residential properties east of the church site. The "stepped" building plan was to be reviewed and approved by City staff prior to issuance of the building permit. Subsequent to the City Council's meeting, staff met with the church and their architect to ensure that the ultimate building designs would be architecturally compatible with the surrounding neighborhood and would address the massing and detail issues mentioned earlier. Staff recommended a stepped approach that would have provided visual relief and the impression of a lower profile building. Due to Church concerns of future maintenance and up-front budget impacts, the Church urged staff to consider alternatives. In lieu of "steps", staff directed the petitioner to create "bands" of different materials along the face of the building, and where appropriate, create windows or other features that would break the mass of the building. The Church has proposed a tip-up concrete panels with a 3-band painted color scheme over an "impression" stamped into the concrete mimicking block at the base, brick in the mid-section of the building and a stucco-like surface at the top. 79 Planning Commission Action on SP #99-04 ' Page 2 September 8, 1999 Tip-up concrete panels with a stamped block and brick impression still reads much like having a massive industrial building within 80' of low-rise residential. Stamped impressions of brick and block is a poor substitute for the actual materials and is inconsistent with the intent of the stipulations. Only when the sun hits the building just right do you actually see the impressions. Otherwise, the panels will simply appear as large featureless panels that have been painted 3 colors. On the bright side, the architects have discovered a way to reduce the overall height of the proposed administration building by 3'. They have also proposed windows in the gymnasium. In light of church's response to the design discussion, staff recommends denial of the special use permit based on the mass of the proposed structure and failure of the church to mitigate the mass by compatible design. As a reminder to the Council, if a use deprives adjacent property owners of the enjoyment of their property, or causes a nuisance by design, a special use permit can be denied. PLANNING COMMISSION ACTION At the July 7, 1999 Planning Commission meeting, a public hearing was held for SP #99-04. Neighborhood concems included the height and lack of architectural elements of the proposed buildings. After much discussion, a motion was made to approve Special Use Permit, SP #99-04, to allow the expansion of the educational and gymnasium space of Grace Evangelical Free Church, with stipulations. The commission did not have this new design information to consider. PLANNING STAFF RECOMMENDATION City Staff recommends that the City Council deny Special Use Permit, SP #99-04, as presented. If Council elects to approve SP #99-04, staff recommends the following stipulations: �. The petitioner shall place an adequate number of spruce trees along the portion of the eastem property line, where only bushes currently exist, to provide property screening for neighboring property. A landscape plan shall be submitted and approved by the City prior to issuance of a building permit. 2. Newly created parking spaces shall be lined with concrete curb and shall be properly striped to accommodafe the required number of parking stalls. 3. The drive on the east side of the church shall remain a one-way with angle parking. 4. Special Use Permit, SP #83-0, shall be replaced by Special Use Permit, SP #99-04. 5. The petitioner shall construct a gymnasium out of the same exterior materials as those proposed to be used on the proposed administration/education building. The exterior elevation plans for the gymnasium shall be reviewed and approved by City Staff prior to issuance of a building permit. 6. The petitioner shall step the east wall of the administration/education building to create a scale more compatible with the residential properties east of the church site. The "stepped" building plan shall be reviewed and approved by City staff prior to issuance of the building permit. :1 ! a C7fY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 13, 1999 Date: 9/07/99 To: William Bums, City Manager ��,�� From: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Paul Bolin, Planner RE: Planning Commission action on SP #99-07 M-99-212 INTRODUCTION Michael McPhillips, property owner at 291 Sylvan Lane, is requesting an amendment to�his existing special use permit #86-09 to allow a curb cut for access to his existing 2 accessory garage. The petitioners home and attached garage are accessed from Sylvan Lane. The garage for which SP #86-09 was issued, will be accessed from the University Avenue Service Road. The proposed curb cut will be located approximately 110' north of Sylvan lane and approximately 10' south of the nearest neighboring driveway. . At the time SP #86-09 was issued, the petitioner requested that the requirement for a hard surface driveway be waved as the building would only be used for storage. Three stipulations were placed on the special use permit. These stipulations stated that the siding of the new building match that of the existing home (which it does), that no paved driveway would be required as long as the building is only used for storage, and that the permit be reviewed in one year. Special use permit #99-07 will amend and replace special use permit #86-09. The curb cut would now require the petitioner to pave the driveway to the building, as required by City Code. The petitioner has been using the neighbors driveway to access the garage. PLANNING COMMISSION ACTION At the September 1, 1999 Planning Commission meeting, a public hearing was held for SP #99-07. The petitioner stated that he only accesses the garage approximately 10-12 times per year and that installing a driveway would kill two large trees in his yard. After much discussion, the Planning Commission, with staff s concurrence, amended the stipulations attached to SP #99-07. The amended stipulations eliminate the need for the petitioner to install a driveway at this time, yet leave staff the discretion to require a driveway anytime in the future if it appears that this garage is being used regularly for vehicle storage. : A motion was made to recommend approval of special use permit, SP #99-07, with the foilowing stipulations: 1. At staff s discretion, inspections will be conducted of the area between the curb cut and the garage and, if found to be regularly used as a driveway, a hard surface drive shail be constructed or the curb cut removed. 2. Ail necessary permits shall be obtained from the City prior to construction. 3. The structure shall not be used for a home occupation. 4. All vehicles shall be stored on a hard surface driveway as approved by the City. 5. The siding and roof materials on the accessory structure shall continue to match the exterior of the existing home. 6. Approval of S.P. #99-07 eliminates S.P. #86-07. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMENDATION City Staff recommends that the City Council concur with the planning commission and grant the proposed Special Use Permit, SP #99-07, with the amended stipulations as presented. : City of Fridley Land Use Application � SP-99-07 September 1, 1999 GENERAI, INFpRMATION Applicant• SPECIAL IlVFpi2MAT'�ON Michael B. McPhillips 291 Sylvan Lane Fridley, NIN 55432 Requested Action: Special Use Pernut Ptupose: To amend SP #86-09 allowing the petitioner to obtain a curb cut to access the second accessory structure in excess of 240 square feet. Fx�sting ZArung. R-1 (Single Family Residential) Location: 291 Sylvan Lane Size: 10,125 square feet .23 acres Existing Land Use: Single family home. Sutrounding Land Use & Zoning: N: Single family & R-1 E: University Ave. & C-3 S: Single family & R-1 W: Single family & R-1 Comprehensive Plan Conformance: Consistent with Plan Zoning Orciinance Confomiance: Sections 205.07.1.C.(1) requires a special use permit to allow accessory buildings other than the first accessory building, over 240 square feet Zoning History: 1957 - Lot is platted. 1969 - Garage & home built. 1986 - SP#86-09 issued for 2"d gaz�gt;, 1986 - 2°d garage is built : Legal Description of Property: Lot 19, Block 2, S lvan Hills Plat 4 Pubhc Uhlihes: Home is connected. Transportation: Home is accessed from S lvan Lane Physical Characteristics: Lot is relatively flat, covered by garage and home. SUMMARY OF PROJECT Michael McPhillips, petitioner, is requesting an amendment to his existing special use permit to allow a curb cut for access to the ara e. Si:rn'IMARY OF ANAI,YSIS City Staff recommends approval of this special use permit, to amend and replace SP #86-09, with stipulations. The second accessory garage �,as previously granted a special use pemut. This special use pernut will amend the existing special use permit, by allowing a curb cut. CITY COUNCIL ACTION ��a�r xepon rrepazed by: Paul Bolin SP— 99-0? Analvsis Michael McPhillips, petitioner, is requesting an amendment to his existing special use permit #86-09 to allow a curb cut for access to the 2"d accessory garage. The petitioners home and attached garage are accessed from Sylvan Lane. The garage for which SP #86-09 was issued, will be accessed from the University Avenue Service Road. The proposed curb cut will be located approximately 110' north of Sylvan lane and approximately 10' south of the nearest neighboring driveway. At the time SP #86-09 was issued, the petitioner requested that the requirement for a hard surFace driveway be waved as the building would only be used for storage. Three stipulations were placed on the special use permit. These stipulations stated that the siding of the new building match that of the existing home, that no paved driveway would be required as long as the building is only used for storage, and that the permit be reviewed in one year. Special use permit #99-07 will amend and replace special use permit #86-09. The curb cut will now require the petitioner to pave the driveway to the building, as required by City Code. The petitioner has been using the neighbors driveway to access the garage. Curb cut to be placed here. Staff Recommendation City Staff recommends approval of this special use permit, to amend and rep/ace SP #86-09, with stipu/ations. Second accessory buildings over 240 square feet are a permitted special use in the R-1 zoning district. The square footage of the detached garage (320 square feet) combined with the square footage of the attached garage (528 square feet) wili not exceed the code maximum of 1,400 square feet. The curb cut and paved drive will not ., require the removal of any trees and will allow the petitioner vehicular access to the structure across his own property. Stipulations Staff recommends the Planning Commission approve the special use permit subject to the following stipulations: 1. Petitioner shall construct hard surface driveway within one year of issuance of this special use permit. 2. Driveway shall be constructed in a manner to prevent detrimental runoff impacts to adjacent properties. 3. All necessary permits shall be obtained from the City prior to construction. 4. The structure shall not be used for a home occupation. 5. Ail vehicles shall be stored on a hard surface as approved by the City. 6. The siding and roof materiais shall continue to match the exterior of the existing home. 7. Approval of SP #99-07 eliminates SP #86-07. Home and attached garage �� ''�� ���.�-� . �l, '... � ,. 1�. ., \ � �'���- �� �'�YP `'�� �!1 �i�CfF=���r,t���l.�; �� � � � -c 'ii_ r-.i . ` F 2Z��7` . �" '� i �r /"� :�'('. i'� IY�. � i � r--- L— � G' ( .� �` � ` ' � '' l C :�^ C It�i�.�� -C _ � ,� — ; (����18 ��c�c�;�� �utc-L� �� f �. � � _ _ _ . . _ - -- - _ . _ _ _ — -- f � �,c _ krZ�� ��i rf�.� v ;�� _ . � � - - - , -_ , ._ _ 1��c, �cr .. �4�� ; ; � - �; � - ,� � . _.b ; w,l' � � � � : -- � ; j � / _ � ; ; � �, � i �I � � '� �. � � - - ---� ;! �� � = �'� : = `i'`c�1 " _— i ; ; � ; I ' -- -- ----- �` � ; . . �' ' i i , � i � � � � � � � � : 1 _ . _ . . , �; � , - - - -- . _ .. .. _ � - — -- . - ,_ ---- -.. , _. --_.... - - - ---- - - � . � �' � �/ ��: �--� �'� _ ._ _ _ . - --- __ _ _. ._ _ ---- _ .. _ -- -- -- - . ._. _ _ - - -�- � � CffY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF SEPTEMBER 13, 1999 TO: WILLIAM W. BURNS, CITY MANAGER �'' �" � FROM: SUBJECT RICHARD D. PRIBYL, FINANCE DIRECTOR MECHELL TUROK, ASSESSMENT CLERK RESOLUTION ADOPTING THE ASSESSMENT FOR OSBORNE ROAD IMPROVEMENT PROJECT NO. ST. 1994-5 (OLD CENTRAL TO STINSON BOULEVARD DATE: September 7,1999 Attached you will find the final assessment roll for the Osborne Road Improvement Project No. ST. 1994-5 (Old Central to Stinson Boulevard). The total cost of this project is $505,902.32. The project costs of $505,902.32 will be divided as follows: Anoka County's share is $436,252.47. The City's share of the project is $33,224.14, which �Nill be paid from the Capital Improvement Fund. The City of Spring Lake Park's portion is $21,803.15. The affected properties will be assessed $14,622.56 based upon a charge of $8.10 per front foot. All properties assessed under the Osborne Road Street Improvement Project. 1994-5 will be certified for ten (10) years at an interest rate of six and one-half (6 %2) percent. RDP/mt Attachment : RESOLUTION NO. - 1999 RESOLUTION ADOPTING ASSESSMENT FOR OSBORNE ROA.D IMPROVEMENT PROJECT NO. ST 1994-5 (OLD CENTRAL TO STINSON BOULEVARD) WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard and passed upon all objections to the proposed assessment for the Osborne Road Improvement Project No. 1994-5 (Old Central to Stinson Boulevard). NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FRIDLEY, MINNESOTA: Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. Such assessment shall be payable in equal annual installments extending over a period of ten years, the first of the installments to be payable on or before the first Monday in January, 2000, and shall bear interest at the rate of 6%z percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2000. To each subsequent installment when due shall be added interest for one year on all unpaid installments. The owner of any property so assessed may, at any time prior to certificarion of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the city treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolurion; and he may, at any time thereafter, pay to the city treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. The Finance Director shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1999. ATTEST: DEBRA A. SKOGEN - CITY CLERK . . NANCY J. JORGENSON - MAYOR OSBORNE ROAD IMPROVEMENT PROJECT NO. ST. 1994-5 (OLD CENTRAL TO STINSON BOULEVARD) Name PIN Number Front Estimated • Actual Footage Assessment Based Assessment on $11 per Front at $8.10 per Foota e Front Foota e Duane Weisen 123024110033 100.1 1,101.10 810.81 1682 Osborne Rd NE Fridle MN 55432 Shawn Hill & C. Williams 123024110037 100.06 1,100.66 810.48 1670 Osborne Rd NE Fridle NIN 55432 James & Janet Rudnitski 123024110038 100.06 1,100.66 810.48 1658 Osborne Rd �1E Fridle MN 55432 Douglas & Melissa Johnson 123024110047 98.46 1,083.06 797.52 (Foreclosure) 1646 Osborne Rd Fridley MN 55432 Homeside Lending 7301 Baymeadows Way Jacksonville FL 32256 Delbert & Emma McLain 123024110048 106.77 1,174.47 864.g3 1624 Osborne Rd NE Fridle MN 5�432 Donald & Betty Bourke 123024110049 Side 0.00 0.00 7645 Lakeside Rd NE Fridle MN 55432 George & Ann Chilstrom 123024110052 106 1,166.00 858.60 1578 Osbome Rd NE Fridle MN 55432 MTS Inc 123024110079 100 I,100.00 810.00 P O Box 49595 (1500 Osbome Blaine MN 55434 Rd John & Debra Bemier 123024110088 100.05 1,100.55 810.40 1544 Osborne Rd NE Fridle MN 55432 Robert & Paulette Lavone 123024110089 106.98 1,176.78 866.53 1564 Osborne Rd NE Fridle MN 55432 Dwight & Leslie Stuart 123024110132 106.78 1,174.58 864.91 1586 Osborne Rd NE Fridley MN 55432 Benedict J Keen 123024110134 100 1,100.00 810.00 1524 Osborne Rd NE Fridle MN 55432 Howard & Tyyne Kersten 123024120035 Side 0.00 0.00 7698 Arthur St NE Fridle MN 55432 Donald & Norma Ruffenach 123024120052 Side 0.00 � 0.00 7699 Bacon Dr NE Fridle MN 55432 Four Star Realty Inc 123024120053 Side 0.00 0.00 7691 Central Ave NE Fridle MN 55432 Chad & Stephanie Gcell 123024120054 80 880.00 648.00 1328 Osborne Rd (1326-1328 Fridle MN 55432 Osborne Rd) : � OSBORNE ROAD IMPROVEMENT PROJECT NO. ST. 1994-5 (OLD CENTRAL TO STINSON BOULEVARD) Gordon & Jeanette Foizie 12302412005� 75 825.00 607.50 1344 Osborne Rd NE (1344-42 Osborne Fridle MN 55432 Rd Gordon Illg & Kathy White 123024120056 75 825.00 607.50 1360 Osborne Rd NE Fridle MN 55432 ACCAP-HUD Homes Tax Credit 123024t20057 75 825.00 607.50 1201 89`h Ave NE #345 (1376 Osbome Blaine MN 55434 Rd) John T. Nguyen 123024120058 75 825.00 607.50 1392 Osborne Rd NE Fridle MN 55432 Edward&VivianBlaido 123024120059 75 825.00 607.50 1400 Osborne Rd NE Fridle MN 55432 Michael KabitzlKerri Larson 123024120060 75 825.00 607.50 1412 Osborne Rd NE Fridley MN 55432 Dameon Johnson 123024120061 75 825.00 607.50 1424 Osborne Rd NE Fridle MN 55432 Shari Wilson 123024120062 75 825.00 607.50 1436 Osborne Rd NE Fridle MN 55432 Bruce & Sharlyn Millam 123024120063 Side 0.00 0.00 7698 Bacon Dr NE Fridle MN 55432 • • � :� .� � ,� �� -� � � � �i � � � � BACON pR NE INCESIDE RD NE CElRRK AVE NE ARTMURSTNE L.4�SIDE RD NE Me KINIEY 8T NE Me KlNLEY St NE � �m �� �. CEHfRK AVE NE w� � m BACON ARTFIU�t ST NE lAKE91DE RD NE 91 0 0 � a CfTY OF FRIDLEY TO: FROM: SUBJECT: AGENDA 17'EM CITY COUNCIL MEETING OF SEPTEMBER 13, 1999 WILLIAM W. BURNS, CITY MANAGER �� � RICHARD D. PRIBYL, FINANCE DIRECTOR MECHELL TUROK, ASSESSMENT CLERK RESOLUTION ADOPTING THE ASSESSMENT FOR 57� AVENUE STREET IMPROVEMENT PROJECT NO. ST. 1997-4 DATE: September 7, 1999 Attached you will find the final assessment roll for the 57`h Avenue Street Improvement Project No. ST. 1997-4. The total cost of this project is $1,045,000.45. The project costs of $1,045,000.45 will be divided as follows: Anoka County's share is $349,578.79. The City's share of the project is $291,715.53, which will be paid from the Capital Improvement Fund. Minnesota State Aid's portion is $53,827.68. Home Depot contributed $25,000 to the design. The City of Fridley HRA's share is $116,85938. The affected properties will be assessed $208,019.07 based upon a charge of $98.89 per front foot. All properties assessed under the 57�h Avenue Street Improvement Project. 1997-4 will be certified for ten (10) years at an interest rate of six and one-half (6'h) percent. RDP/mt Attachment 92 RESOLUTION NO. - 1999 RESOLUTION ADOPTING ASSESSMENT FOR 57TH AVENUE STREET IMPROVEMENT PROJECT NO. ST 1997-4 WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard and passed upon all objections to the proposed assessment for the 57`h Avenue Street Improvement Project No. 1997-4. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FRIDLEY; MINNESOTA: Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. Such assessment shall be payable in equal annual installments extending over a period of ten years, the first of the installments to be payable on or before the first Monday in January, 2000, and shall bear interest at the rate of 6%2 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2000. To each subsequent installment when due shall be added interest for one year on all unpaid installments. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the city treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the city treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. The Finance Director shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1999. ATTEST: NANCY J. JORGENSON - MAyOR DEBRA A. SKOGEN - CITY CLERK 93 ASSESSMEN'f ROLL FOR 57T" AVE STREET Il�IPROVEMENT PROJECT NO. ST 1997-4 Name PIN No. Front Ft Esiimated Assessmrnt for Actual 598.89 Per Improvemenu 5101.31 Front Ft Assessment Per Front Ft Erickson Petroleum Corp SEE NOTE 23-30.2432-0005 835Z1 S85,191.42 $0 4567 West 80th Street 250 57th Ave NE Bloomington MN 55437 Lyndale Terminal Co. "Holiday" 200 57th Ave NE Fridle MN 55432 Erickson Petroleum Corp SEE NOTE 23-30.2432-0007 232.85 SO 523,026.54 4567 West 80th Street 200 57'" Ave NE Bloomington MN 55437 Lyndale Tertninal Co. "Holiday" 200 57th Ave NE Fridle MN 55432 Erickson Petroleum Corp SEE NOTE 23-30-2432-0008 602.36 SO 559,56738 4567 West 80'" Street 250 57ih Ave NE Bloomington MN 55437 Lyndale Terminal Co. "Cub Store & Gander Mountaid' 250 57'" Ave NE Fridle , MN 55432 Captec Net Lease Realry, Inc. 23-30.2432-0006 23033 $23,493.66 522,77733 "Cattle Company Restaurant" 5696 University Ave 24 Frank Lloyd Wright Drive NE Ann Arbor, M[ 48106 A R G Enterprises, Inc. Attn: Jan Martin 4410 EI Camino Rd Ste #201 Los Alros CA 92604 Flying Dutchman Enterprises 23-30-24-23-0023 245.00 $24,990.00 524,228.05 "Hardee's Restaurant" 289 57'" Ave NE 2401 American Lane Ste #210 Madison WI 53704 Hardee's Food Systems, Inc P O Box t600 Rowlett T'X 75030 David W& Nortna Rust 23-30-24-23-0022 120.00 S14,400.00 $11,866.80 5735 Quincy Street NE 262 57'" Ave NE Fridle MN 55432 Mr. Nath Franchise Group 23-30-2423-0021 193.00 519,686.00 519,085.77 900 East 79th Street 255 57'" Ave NE Bloomin ton MN 55420 Linn Property Holdings LLC 23-30.2423-0145 480.00 548,960.00 547,467.20 Fridley Tire & Auto Cente� 251 57" Ave NE 1561 Woodlane Drive Woodbury MN 55125 NOl'E: PIN 23-30-24-32-0005 was split into PIN#'s 23-30.24-32-0007 & 23-30-24-32-0008 on August I8, 1999 • � / � if� �=,' City of 57th Ave Reconstructio Fridley n '� Project No. ST. 1997 - 4 �� � : � —i ;w'' ,�Zi=���� ~ z �� � . I N ��, � j^� N li � � � Z _J N� Q I n I�� . � � _ �,,. �-� � i� �.. . ,:^ '�-- '� ;__� I L-y ; _58AVENE J �AV�NE ` 58qVE E ,. .i � I ,I .- il �' �'�I � � --� j � � '�`_� L- i �i m � � � � � � i� � ' � T Irz ' I I �� � � 57 PL NE 57 PL NE i __ � , __ � � - -- % i � i �� �-,� _� __�___ l �A I l — -r--, � � �, ' - %� � � ��� � ` � `� z � �, H "�Z�{, Z I ����E . ` O -\ \ �\ 2 i . P. . � �b., � .. � ,oy� V ENT�' . - , , . � `.��y�� � � ��6.'�. _ � -\...� . 4. 95 � \ w z > a � w > � � m _ >2 Y Y � � < H N A � � �, _ 59 AVE NE 59 ! ' i ; �� I I � �-1 I �I --� � I I ' i � � � W � i i ! I r- � =i ti: �__.� ��� N�- , `-ti v �--+-- ,. ,,, i I I ; 1 ',,,- -~ 57 /2 AVE NE 15� � I � ! I �� l i, � j I � �: 57 PL NE � T- I � � i � �j ' 57 AVE NE -5 .� in (.�� � r i� � I i! f! I i� i � ��li'--7 I j � �---- �_ti _ �� I I I WI 1 z � i Zi : �I'r---1 �' ; �' i ; � 56 AVE NE � � ���i r- � i i �I / � W / Z N � w z N sources: Fridley Engineering Fridiey GIS Anoka County GIS Map Date: 1997 � AGENDA ITEM � CITY COUNCIL MEETING OF SEPTEMBER 13, 1999 C±fY OF FRIDLEY INFORMAL STATUS REPORTS .,