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02/26/2001 - 4745OFFICIAL CITY COUNCIL AGENDA CITY COUNCIL MEETING FEBRUARY 26, 2001 • l. R % . � : � FRIDIEY FRIDLl3Y CITY COIINCIL MEETING ATTENDENCE SHEET Mand�.y, �ebnu.any 26, 2001 7:30 P.M. PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN ITEM PRINT NAME (CLEARLY) ADDRESS Nur2rs�x � -� \ 4, v\, l„ -- �, ��. � Q� `�, • '• � � � � _ �,U�� ,- � i,n �� -- � �_L �� 1 °� �1 - �1 � �� -� � `��-� �c�a 1�� I � �- -� � '�� ,-�� Ei�-'�� , <-�- , �% ✓ v� % � �' � �� ,r-� �. _ � � J t�, V� ��+ �� V �l { L 1� . i��C--. `` 1�`�,�T r �r�� _.. LiL: %V✓ � \. b'i � � ` /� � /�� ' � � � � � CITY COUNCIL MEETING OF FEBRUARY 26, 2001 ClTY OF FRIDLEY , The City of Fridley will not discriminate against or hazass anyone in the admission or access to, or treahnent, 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 PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of February 5, 2001 NEW BUSINESS: 1. Receive the Planning Commission Meeting Minutes of February 7, 2001 - ......................................................................... 1 2. First Reading of an Ordinance Amending the Fridley City Code Creating Chapter No. 129 Pertaining to Trespassing on Private Property - ............................................. 7 FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 26, 2001 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 3. Receive Bids and Award Contract for 2001 Street Improvement (Seaicoat) Project No. ST. 2001 —10 ............:...... _ .................. 14 17 4. Resolution Receiving the Feasibility Study and � Y Calling for a Public Hearing on the Matter of Construction of Certain Improvements: Stinson Boulevard Street Improvement Project No. ST. 2001 — 2 ................................................................................................. 18 - 22 5. Approve the 2001 Anoka County Residential Recycling Agreement .................................:.................................................. 23 6. Motion to Approve an Organizational Change in the Fridley Police Department ...................................................................... 24 7. Motion to Approve a Contribution to the Minnesota Municipal Beverage Association to Assist in Defeating �ne in Grocery Stores r Legislation..................................................................................................... 25 - 30 0 8. Appointment ................................................................................................. 31 FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 26, 2001 PAGE 3 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 9. Claims ...................................:................................................................... 32 � 10. Licenses ......... .......................................................................................... 33 - 35 11. Estimates ...................................................................................................... 36 ADOPTION OF AGENDA. OPEN FORUM. VISITORS: Consideration of items not on Agenda — 15 minutes. REVOCATION HEARING: 12. Revocation of Tobacco License Issued to w Walgreen's Drug Store, Generally Located at 6525 University Avenue N.E. (Ward 1) ....................................................................................................... 37 - 42 FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 26 2001 PAGE 4 PUBLIC HEARING: 13. Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA #01-01, by Gateway East Redevelopment, LLC) (Ward 1) ............................................. 43 - 51 NEW BUSINESS: 14. First Reading of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Making a Change in Zoning Districts (Rezoning Req uest, ZOA #01-01, by Gateway East Redevelopment, LLC) (Ward 1) .................................................. ......... 52 - 60 .............. 15. Preliminary Plat Request, PS #01-01, by Gateway East Redevelopment, LLC, for a Proposed 28-Unit Townhome Development, Generally Located at 5807 and 5755 University Avenue, 353 and 339 57th Place and 348 — 57th Avenue N.E. (Ward 1) ............................................... 61 - 67 16. Resolution to Vacate Portions of the University Service Road and 57th Place, Generally Located Northeast of 57th Avenue and University Avenue in Order to Accommodate the Gateway East Redevelopment Project (Vacation Request, SAV #01-01, by Gateway East Redevelopment LLC) (Ward 1) .................................................................................................... 68 - 76 FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 26, 2001 PAGE 5 NEW BUSINESS (CONTINUED): 17. Special Use Permit Request, SP #01-01, by Wayne Dahl, for the Installation of an Automatic Changeable Reader Board Sign, Generally Located at 7699 Highway 65 w (Ward 2) ....................................................................................................... 77 - 80 • ' � c � 18. Variance Request, VAR #01-01, by Wayne Dahl, to Allow an Automatic Reader Board Sign to Change its Message More than Once Every 15 Minutes, Generally Located At 7699 Highway 65 (Ward 2) - ............................................................................ 81 87 19. Informal Status Report ....................................................................................... 88 ADJOURN. , . CITY COUNCIL MEETING OF FEBRUARY 26, 2001 �o �-�'�.S �P�'� � ' �� 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 contact Roberta. Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEOGE OF ALLEGIANCE. APPROVAL OF PROPOSED CONSENT AGENDA: $ APPROVAL OF MINUTES: �� City Council Meeting of February 5, 2001 NEW BUSINESS: Receive the Planning Commission Meeting Minutes of February 7, 2001 ....... 1- 6 2. First Reading of an Ordinance Amending the Fridley City Code Creating Chapter No. 129 Pertaining to Trespassing on Private Property ....................................... 7 - 13 3. Receive Bids and Award Contract for 2001 Street Improvement (Sealcoat) Project No. ST. 2001 —10 .............................. 14 -17 4. Resolution Receiving the Feasibility Study and Calling for a Public Hearing on the Matter of Construction of Certain Improvements: Stinson Boulevard Street Improvement Project No. ST. 2001 — 2 ................................ 18 - 22 APPROVAL OF PROPOSED CONSENT AGENDA: � J� �� NEW BUSINESS (CONTINUED): 5 C� Approve the 2001 Anoka County Residential Recycling Agreement .................. 23 Motion to Approve an Organizational Change in the Fridley Police Department ..... 24 7. Motion to Approve a Contribution to the Minnesota Municipal Beverage Association to Assist in Defeating Wine in Grocery Stores . . 25 - 30 Leyss�at�ar ................................. 8. Appointment Claims 10. Licenses 11. Estimates ...... 31 32 33 - 35 .... 36 a _ _ ADOPTION OF AGENDA. ��{D �, Q�f OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes. REVOCATION HEARING: 12. Revocation of Tobacco License Issued to Walgreen's Drug Store, Generally Located at 6525 University Avenue N.E. (Ward 1) ................................... 37 - 42 �g/12� Q� �•OS � �� PUBLIC H �� ' �` EARING: 13. Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA#01-01, by Gateway East Redevelopment, LLC) (War 1) .................................. 43 - 51 �� .� �� a � � NEW BUSINESS (CONTINUED)• 16. Resolution to Vacate Portions of the University Service Road and 57th Place, Generaliy Located Northeast of 57�' Avenue and University Avenue in Order to Accommodate the Gateway East Redevelopment Project (Vacation Request, SAV #01-01, by Gateway East Redevelopment LLC) (Ward 1) ................................. 68 - 76 S ��j a�..�Pro�� - � � - �� 01�� 17. Special Use Permit Request, SP #01-01, QV N�� O by Wayne Dahl, for the Installation of an Automatic Changeable Reader Board Sign, Generally Located at 7699 Highway 65 (Ward 2) ................................... 77 - 80 18 �, � ,� � . -_ !=-_ - - /� _ ��=__ � / �. n NEW BUSINESS: 19. 14. First Reading of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA#01-01, by Gateway East Redevelopment, LLC) (Ward 1) ..a� - 60 � _ �ro p- C�v.se,�.f a �C-i'= � � ! �� p��,� 1� 5��Pr�v�2� ��,�� yJs Variance Request, VAR #01-01, by Wayne Dahl, to Allow an Automatic Reader Board Sign to Change its Message More than Once Every 15 Minutes, Generally Located At 7699 Highway 65 (Ward 2) ........... 81 - 87 ��j r�-�� ,� �/,�",� C-� �' w1l�PP�s d� �� Informal Status Report ....................... 88 ADJOURN. � : a� ��1� -�—U�OI.�- `�o N�.✓� ��'�,�- � aw�o�vtG�¢� 15. Preliminary Plat Request, PS #01-01, by Gateway d East Redevelopment, LLC, for a Proposed 28-Unit Townhome Development, Generally Located at 5807 and 5755 University Avenue, 353 and 339 57�' Place and 348 — 57t" Avenue N.E. (Ward 1) .................................. 61 - 67 ��p�� s� � � � . v a 'TfIE MINUTES OF T'HE FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 5, 2001 0 � . � � THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF FEBRUARY 5, 2001 The Regular Meeting of the Fridley City Council was called to order by Mayor Lund at 7:30 p.m. . PLEDGE OF ALLEGIANCE: Mayor Lund led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Lund, Councilmember Barnette, Councilmember Wolfe, and Councilmember Bolkcom MEMBERS ABSENT: Councilmember Billings PROCLAMATIONS: Steve Novak A��reciation Da� Februarv 5, 2001 Mayor Lund stated that Steve Novak's dedication and hard work has enhanced the quality of life in the City of Fridley, and he proclaimed February 5, 2001, to be Steve Novak Appreciation Day. Steve Novak was unable to be present. LEGISLATIVE UPDATE Senator pon Betzold stated that the legislature started on January 3 and is expected to go to May 21, the constitutional deadline. This is the budget year which will be the main issue. The Governor submitted significant changes in the budget, especially in the tax area. Senator Betzold said that he will be the new Chair of the Sales and Income Tax Committee and will oversee some policies in that area. The Governor wants to extend the sales tax and lower the rate. In the process, part of the surplus will be used to lower income tax rates and do some shifting to take education off of the property tax to reduce that tax. Some issues to come up this year are whether or not to allow grocery stores to sell wine, DWI threshold of .08 blood alcohol concentration, PERA shortfall, and racial profiling. Senator Betzold invited the citizens of ' Fridley to contact himself, Senator Chaudhary, or Representative Goodwin with any concerns. Representative Barb Goodwin stated that she is on the Education Policy and Education Finance Committees. She said the committee is responding to constituents that are unhappy with the Governor's budget. If the budget passes as the Governor has it now, Fridley and Columbia Heights may be in serious trouble. The cities are already in iinancial trouble, and this budget will make it worse. Higher health care, heating, and special education needs, and they will be affected. Some deductions may be rearranged next month but do not look to be more beneficial. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 5 2001 PAGE 2 Representative Goodwin urged people to contact the Governor's o�ce to voice opinions over these significant reductions in the things people care most about. The budget surplus is a one- time deal, but the tax reduction would be permanent with permanent cuts in education, health care and so forth. She said she and Senator Chaudhary will be holding a meeting at the Anoka County Library on February 17 at 10:00 a.m. to hear questions or comments on the budget or other issues. Representative Goodwin asked people to call her at 651-296-4331 at the State Capital with questions. She said her address is: 353 State Office Building, St. Paul, MN 55155. Her e-mail address is rep.barb.�oodw�in,2?house.le�7.statc.mn us. Councilmember Barnette asked Representative Goodwin if she saw a general agreement over the general budget. ' Representative Goodwin stated that she thought both democrats and republicans were against the K-12 budget. She said that the higher education budget was an issue as well. Senator Betzold stated that the Governor's proposal is quite heavy into tax cuts. Councilmember Barnette asked if there was anything being mentioned about vouchers. Senator Betzold stated that there was not. He said that issue failed a few years ago on a strong bi-partisan basis under Governor Carlson. The local sales tax is eliminated in the Governor's budget as of today. Senator Chaudhary stated that the legislature is having joint meetings between the Crime and Human Services Divisions to deal with mental health problems that affect all of us in the way of juvenile crime. To help schools with the rising heating costs, a heating cost ordinance bill was proposed, and it passed through the Senate today. Senator Chaudhary said he is chair of a subcommittee on education technology. That committee will deal with affordable school computers, computer based learning, letter based learning, digital divide, non-computer related issues, biotechnology, technology in the arts, and our vision for their future. Senator Chaudhry said that he has been appointed to the Transportation Budget Division and is Vice-Chair of the Transportation Policy Committee, which will deal with the Highway 65 and commuter rail issues. The Northstar Corridor Joint Powers Authority has posed $60,000,000 in bonding and $30,000,000 in cash. The Governor proposes $115,000,000 in bond total. Active discussions with the Department of Transportation have taken place regarding the commuter rail station in Fridley at 61 S` Avenue and Main Street. Senator Chaudhary said DWI enforcement is very important to him, (and he has been working on different ways to enforce that. He urged people to call him at 651-296-4334 at his office or visit his website at ��rw.chaudhar��.or�. � Mayor Lund thanked the legislators for attending the meeting and giving their updates. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 5, 2001 PAGE 3 APPROVAL OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Barnette to approve the proposed consent agenda. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES: City Council Meetin� of Januarv 22, 2001 APPROVED. NEW BUSINESS: 1. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF JANUARY 17, 2001: RECEIVED THE MINUTES OF THE PLANNING COMMISSION MEETING OF JANUARY 17, 200L 2. PRELIMINARY TWO RES (WARD 3): VID �� Mr. Burns, City Manager, stated that the petitioner is the owner, David Lopez. He proposed to split his property at 3� - 62°d Way into two lots. Each lot would meet the City's lot size and width requirements. The request was approved by the Planning Commission at their meeting of January 17 with eight stipulations. Staff recommended Council's approval. APPROVED PS #00-03 WITH THE FOLLOWING: 1) PETITIONER SHALL OBTAIN ALL NECESSARY PERMITS PRIOR TO CONSTRUCTION; 2) PETITIONER SHALL REMOVE EXISTING GARAGE FROM PROPOSED LOT 1 PRIOR TO APPLYING TO THE CITY FOR FINAL PLAT APPROVAL; 3) PETITIONER SHALL CONSTRUCT A HARD SURFACE DRIVE AND CODE REQUIRED DOUBLE CAR GARAGE ON PROPOSED LOT 2, BY NOVEMBER 1, 2001. FURTHERMORE, PETITIONER SHALL SUBMIT A PERFORMANCE BOND TO THE CITY OF FRIDLEY IN THE AMOUNT OF $25,000 TO ENSURE CONSTRUCTION OF DRIVEWAY AND GARAGE; 4) GRADING AND DRAINAGE PLAN TO BE APPROVED BY CITY'S ENGINEERING STAFF PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS, IN ORDER TO MINIMIZE IMPACTS TO THE SURROUNDING PROPERTIES; 5) DURING CONSTRUCTION ON PROPOSED LOT 1, SILT FENCING SHALL BE USED WHERE APPLICABLE; 6) PETITIONER TO PAY �1,500 PARK DEDICATION FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 5 2001 PAGE 4 FEE PRIOR TO ISSUANCE OF BUILDING PERMIT FOR PROPOSED LOT 1; 7) PETITIONER TO PAY ALL WATER AND SEWER CONNECTION FEES; AND 8) THE PETITIONER SHALL AGREE TO PRESERVE MATURE TREES TO THE EXTENT POSSIBLE. ALL TREES REQUIRED TO BE REMOVED FOR THE NEW HOME SHALL BE MARKED AND APPROVED BY CITY STAFF PRIOR TO ISSUANCE OF BUILDING PERMITS. 3. APPROVE AGREEMENT BETWEEN THE CITY OF FRIDLEY AND BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY FOR THE REPLACEMENT OF THE TIMBER RAILWAY CROSSING AT 77 AVENUE N.E. (WARD 3): Mr. Burns, City Manager, stated that the agreement would have the City paying thirty percent (30%) of the costs associated with the replacement of the timber railroad crossing on 77`" Avenue. This amounts to $28,800. The work will be completed by BNSF during the 2001 construction season. Staff recommended Council's approval. APPROVED AGREEMENT. 4. MOTION TO SUPPORT APPLICATION FOR 2001-2002 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR THE FRIDLEY YOUTH RECREATION SCHOLARSHIP PROGRAM: Mr. Burns, City Manager, stated that the application is to Anoka County for $7,500. The funds would be used to provide fee waivers or partial fee waivers to youth from low and moderate income families. The fee waivers would apply to the costs for trips and activities sponsored by the Fridley Recreation Department for elementary and middle school age youth. Staff expects that the money will benefit about 130 youth in 70 households. Staff recommended Council's approval. APPROVED MOTION. 5. MOTION TO SUPPORT APPLICATION FOR 2001-2002 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR THE FRIDLEY SENIOR COMPANION PROGRAM: Mr. Burns, City Manager, stated that this is a joint application with the City of Coon Rapids for a total of $11,433. The money would fund the Senior Companions program in � both communities. This program is one where low income seniors assist other low income seniors. The companions make home visits, take them grocery shopping, take them on other outings, assist in getting them to doctor's appointments and in general, � serve as a source of social support. Currently, there are five companions who serve seventeen home-bound seniors. The Fridley portion of the grant, $6,422, would help to cover the cost of our Senior Companion Coordinator, Nancy Shaw. It would also be used to cover a small stipend, mileage costs and meals for the companions. Staff recommended Council's approval. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 5, 2001 _ PAGE 5 APPROVED MOTION. 6. APPROVE CONTRACT BETWEEN THE CITY OF FRIDLEY AND GOVERNMENT AND ENTERPRISE SERVICES FOR FUNDING FOR HIGHWAY 65 IMPROVEMENTS BETWEEN I-694 AND 63 AVENUE N.E: Mr. Burns, City Manager, stated that staff was proposing to enter into a contract with Phil Cohen and his associates for assistance in acquiring funding for a proposed Highway 65 improvement �roject. The project would provide for widening of Highway 65 between I-694 and 63` Avenue. Most of the work would be done on the causeway that crosses Moore Lake. Mr. Cohen and his group would assist the City in acquiring the $7,000,000 that is needed for this project from both federal and state sources. In exchange for his services, the City would pay Mr. Cohen the sum of $3,000 a month for a period of twelve months. Staff recommended Council's approval. APPROVED CONTRACT. 7. APPOINTMENT: Mr. Burns, City Manager, stated that staff recommended the appointment of Scott Hickok as Acting Community Development Director at an annual salary of $72,349.20. The appointment is effective January 10 and will remain in effect until a Community Development Director is appointed. Staff recommended Council's approval. APPOINTED SCOTT HICKOK AS ACTING COMMUNITY DEVELOPMENT 1 :_ �' 8. CLAIMS: APPROVED PAYMENT OF CLAIM NOS. 97817 THROUGH 98042. 9. LICENSES: APPROVED ALL LICENSES AS SUBMITTED AND AS ON FILE WITH THE LICENSE CLERK. 11. ESTIMATES: Frederic W. Knaak, Esq. Holstad and Knaak, P.L.C. 1690 Minnesota World Trade Center 30 East Seventh Street St. Paul, MN 55101 Services Rendered as City Attorney for the Month of January, 2001 $ 5,000.00 FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 5 2001 PAGE 6 No persons in the audience spoke regarding the consent agenda items. MOTION by Councilmember Billings to approve the consent agenda items. Seconded by Councilmember Bolkcom. Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom to adopt the agenda as submitted. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM,VISITORS: Mr. Dennis Johnson, 6336 Starlite Boulevard, asked if the City Council is keeping the affected neighborhoods of the commuter rail station completely informed and up-to-date on the process. Mayor Lund stated that the residents are getting all the information that Council is getting. Mr. Johnson stated that at the neighborhood meeting on January 18 the question was asked if anyone had heard a response from the Northstar Corridor about the City Council resolution rejecting the 61 S` Avenue and 61 St Way site for the commuter station. He said the answer given then by Councilmembers was that there was no new infortnation. The following week a letter was received from the City of Fridley dated December 14, 2000 signed by Scott Hickok. It was the official response from the Northstar Corridor regarding the City of Fridley's proposal. Councilmember Bolkcom stated that the letter was received after the meeting. Mr. Johnson stated that the residents would like to work together with proper planning. Councilmember Bolkcom stated that Council will continue to work with the residents. The environmental study is not due out until June. Mayor Lund stated that Council is aware of how important this issue is to the neighborhood. He said that Council will try hard to keep everybody informed. PUBLIC HEARING: 11. ORDINANCE RECODIFYING THE FRIDLEY CITY CODE CHAPTER 205 ENTITLED "ZONING," BY ADDING A NEW SECTION 205 XX, 0-5 FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 5, 2001 PAGE 7 RESIDENTIAL LOTS CREATED PRIOR TO 1955 DISTRICT REGULATIONS (ZONING TEXT AMENDMENT, ZTA #00-04 BY THE CITY OF FRIDLE�: MOTION by Councilmember Bolkcom to open the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE ` MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 8:11 P.M. 0 0 Mr. Bolin, Planner, stated that the 0-5, Overlay District, is needed to encourage investment in some of Fridley's older neighborhoods. There are a number of lots in Fridley that are non- conforming. As a result, there is not a lot of incentive to invest in the homes. Staff is improving the existing housing stock by removing this status and providing a few possible in-fill opportunities along the way. This lot pertains to be created and recorded at Anoka County prior to December 29, 1955. This excludes lots combined or split since this time. This will not create new lots. The lots need to be between 5,000 and 7,499 square feet in size and have a minimum lot width of 50 feet. There are approximately 2001ots according to the GIS system that meet the size requirements outside of the Hyde Park addition. The data shows that city-wide there are only 8 vacant lots that meet the size requirements; 126 of these non-conforming lots with homes on them are located in the Riverview Heights area. Only one lot in that neighborhood is vacant, and that lot is joined by commercial property. The owner of the business would like to keep that strip as a buffer between the residential neighborhood and himself. That is the only vacant lot that could possibly be developed in the Riverview Heights neighborhood. Staff is working with the GIS department to conduct further work to narrow down the exact number of properties that meet this criteria. Mr. Bolin stated that Hyde Park was excluded because the residents had concerns in the past with substandard lot sizes. In 1976, a neighborhood task force proposed and the City Council adopted the S-1, Hyde Park District. In Hyde Park at that time, the neighbors chose a 60-foot lot and maintained the 7,500 square foot minimum lot size. That enabled the majority of homes in that neighborhood to become conforming in size. The 0-5 standards were modeled on the Hyde Park District and combined with portions of existing R-1 Single Family District. There needs to be a 25-foot front and rear yard setback with a 15 foot rear yard setback for an attached garage. A 768 square foot minimum home size and a 30-foot height restriction is required. These standards would apply to new construction on vacant lots and also to existing homes on the current non-conforming lots. The opponents have been focusing on the possibility of vacant lots developing. At the most, there are 8 sites in the City. Staff has heard that twenty to thirty years from now, new houses on the lots would look run down just like existing homes in these neighborhoods. The housing market is different than forty to eighty years ago and construction of a new home is very expensive and represents an investment that the owner should maintain. These lots are smaller in size, but the same sideyard setbacks apply, so in the R-1 district it is possible to have garages that are 10 feet apart. The homes will not be any closer than what currently exists. Staff has seen ramblers on 75 foot wide lots get wider and wider every year as garages are added. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 5. 2001 PAGE 8 Mr. Bolin stated that these lots are 100 to 110 feet deep with the same depth as every other house in the neighborhood. Staff has seen many site plans which show that it is practical to place a reasonably sized home and garage on these lots. St. Louis Park and Richfield have had great success with their programs. This encourages reinvestment by preventing homes on these currently non-conforming lots from becoming a lost investment. Three cases in the last four years have had homes on these smaller lots burn to the ground and the residents have not been able to rebuild because their lots are non-conforming. Adoption of the overlay district would have allowed these three homes in question to rebuild on their site. Without this protection, people have a hard time justifying maintaining their own home and investing in it. It provides housing options and gives the City, HRA, and the residents more flexibility in developing and rehabilitating housing. It is hard for people on these non-conforming lots to obtain grant funding or any funding to reinvest and remodel their homes. This does not increase the density in any way because City Code does not allow the subdivision of larger lots to be in a series of 5,000 square foot lots. The January 17 Planning Commission meeting public hearing was held and the commission recommended approval of the creation of the 0-5 Overlay District. Staff recommended holding the first reading. Councilmember Bolkcom stated that if someone has a 100-foot lot, they would not be able to divide it in this ordinance and build another home. Mr. Bolin stated that was correct. The lot would have had to have to have been split prior to December 29, 1955. Councilmember Bolkcom stated that this is the way to change the ordinance to protect those people on those 50-foot lots. In the Riverview Heights area, there is a flood plain, and people may consider putting up homes in that area with this ordinance. Mr. Bolin stated that the one lot identified by GIS in the Riverview Hieghts area not in a flood plain. That is the house across from the gas station. Mayor Lund asked if there was opposition to the Hyde Park District created in 1976. Mr. Bolin stated the 60-foot lots reflected what existed for the residential lots in that district. Mr. Pete Eisenzimmer, 6535 Oakley Drive, stated that there is one big lot on Mississippi Street that the City owns. He said he just purchased a 120-foot lot. He asked if it would stay the way it is if he split that lot up to make two 60-foot lots. Councilmember Bolkcom stated that was why she asked the question she did. She said Council would not allow someone to come in and split up a lot that is bigger than that. Mayor Lund stated that it would have to be platted prior to 1955. Mr. Allan Stahlberg, 8055 Riverview Terrace, stated that he does not know how it could be that there is only one lot in Riverview Terrace that could be built on. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 5, 2001 PAGE 9 Councilmember Bolkcom stated that the Ely Street lot is probably a 45-foot lot. She said Council could check on that. Mr. Bolin stated that there are some that are two 25-foot lots that have never been combined. They are stuck as two 25-foot lots. If they are combined now it is creating a lot after 1955. Mr. Stahlberg stated that he did it four times. He lives on two 30-foot lots and two 25-foot lots. Mr. Bolin stated that he is over the 7,500 square foot minimum. Councilmember Bolkcom stated that the lots that are 25-foot lots cannot now be combined and have a house built on them. They have to be created prior to 1955. The best thing may be for those addresses in question to be called in for investigation before the next meeting of the ordinance. Mr. Stahlberg stated that he would have to have a map because those vacant lots do not have an address. Councilmember Bolkcom stated that they could check the Cook property on Able Street. Mr. Stahlberg stated that the other one is on Fairmont Street east of the address of 690 Fairmont. Mayor Lund asked Mr. Stahlberg what his opposition was. Mr. Stahlberg stated that he thought the houses would be squeezed onto the lots. At the Planning Commission, they were talking about 300 lots available but now there are not that many. Mr. Bolin stated that he believes there are 200. Councilmember Bolkcom stated that there are existing homes on almost every one of those lots. Mr. Stahlberg stated that eliminates part of his arguments. He is afraid that Council will change their mind. This whole idea could be covered with one grandfather clause. If there is a house on these lots now, you can rebuild on it. Mayor Lund stated that he is not against the fact that the people with houses already there can reinvest in their homes and be able to rebuild. He said he was only against adding onto the vacant lots. _ Mr. Stahlberg stated that his neighbor bought the lot next door after it became a vacant lot. He said he thought people wanted bigger lots. He said that is what created value in the neighborhood. Councilmember Bolkcom stated that she disagreed and she did not think that a bigger lot created a higher value. She said people are buying small lots all over the City for huge prices. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 5 2001 PAGE 10 Mr. Stahlberg stated that there are only small lots left. Somewhere down the road, the City is. going to stick the 25-foot lots together and say that they are a 50-foot lot. There will be runoff problems, higher density, more police, fire, sanitation, sewer, water consumption, school districts, and so forth. Councilmember Bolkcom stated that this ordinance does not allow someone to tear down a whole block of houses and then divide them into 50 foot lots. The majority of the homes are already existing on 50 foot lots. � Mr. Stahlberg said he was talking about all the vacant lots available that the City says do not exist. The 75-foot requirement has been in existence since 1955. Mayor Lund stated that these are the lots created prior to 1955. Mr. Stahlberg stated that it is only a rule. Councilmember Bolkcom stated that this would have to go through the same process to change the ordinance. Mr. Knaak, City Attorney, stated that was correct. Mr. Stahlberg stated that the City is changing the ordinance to a 75-foot frontage ordinance now. Councilmember Bolkcom stated that Council was only allowing people that have 50 foot lots to improve their homes and to be able to rebuild in case the home has been destroyed. Mr. Knaak stated that the grandfather clause creates an arbitrary distinction between current owners of properties that have houses on them and owners of identical lots that do not. You can get equal protection, and you have to treat all lots equally. Mr. Stahlberg stated that a house with a foundation is different than a vacant lot. Mr. Knaak stated that it is not to the person who owns the vacant lot. Mr. Stahlberg asked who owned the vacant lots. Mr. Knaak stated that he did not know, but it would take just one owner to make the argument, and they would succeed. . Councilmember Bolkcom stated that they are not all tax forfeit. Mr. Knaak stated that this is the law. If you are going to craft an ordinance like that, that is what you have to do. Mr. Stahlberg stated that there are a lot of grandfather clauses out there. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 5. 2001 PAGE 11 Mr. Knaak stated that there are not really that many clauses. He said they really do not exist, but there are certain provisions that exist. Mr. Stahlberg stated that in Columbia Heights people can remodel if there is one standing wall. Mr. Knaak stated that there are different ways of dealing with destruction of property. Cities have made efforts to try to allow people to rebuild. The other policy at stake that Mr. Stahlberg is arguing for is that if the City is persistent you will end up with a bigger lot average. If the policy says that you want owners to reconstruct or build, you have to come up with a different solution. Mr. Stahlberg stated that he does not think that the ordinance would be legal. Mr. Knaak stated that the City of Lake Elmo had 25 foot lots and people had lost their homes and had not been able to rebuild. That was litigated up to the court of Appeals and the City won because that is an allowed policy for a City to follow. Mr. Stahlberg stated that the City could change it and say that if you had anything existing, you could remodel. Mr. Knaak stated that Council has full authority to change its ordinances as it is doing now. Mr. Stahlberg stated that is his point. Mayor Lund asked who raised this issue Mr. Bolin stated that the start of it was from when houses had burned to the ground on these properties. Staff researched this topic and inquired about what other cities have done. There are a lot of 40-foot lots around the metropolitan area, staff felt that a 50-foot lot would be more appropriate for Fridley. It matches what exists in these neighborhoods. Councilmember Bolkcom stated that people actually came in to get permits to remodel their homes on these non-conforming lots and then questioned whether to put their money into their home. Mr. Stahlberg asked what the City intends to do with the Cook property if it is on a smaller lot. Mr. Burns stated that the City would either hold it until the adjoining properiy owner buys it or possibly buy the adjoining property. Councilmember Bolkcom stated that is a Housing and Redevelopment Authority property and is part of the City's scattered site acquisition. Lots do not always combine. Staff will need to do more research for the next meeting. The Cook property is a 40 to 45 foot lot. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 5, 2001 PAGE 12 Mr. Stahlberg stated that it is hard to get people to buy a lot if they know that the lot is unbuildable for privacy without paying the taxes. There are some interior lots on Buffalo or Dover Streets that have been for sale for a while. He assumed they are buildable lots. Mayor Lund stated that he liked the idea of the grandfather clause but unfortunately that is not possible. Councilmember Bolkcom stated that she did not understand how this was different than the grandfather clause. Mr. Stahlberg stated that the value of the lots are not what they would be in other communities. He asked why someone could not build a house on a 40-foot lot if a house existed on a 40-foot lot since the foundation is there. Mr. Monte Maher, 7965 Riverview Terrace, stated that City staff as well as the Planning Commission did an excellent job, but he thought they were trying to pass something in an underhanded way and that they were not giving everybody the full information. He thought it came down to revenues and services and that the Planning Commission needed to reevaluate this because they need more notice announcing their meetings. The people with SO foot lots sitting next to them do not want these apartment garages put in there. He asked what would happen to the values of the Riverview Heights area if apartments were built. Councilmember Bolkcom stated that the dates the Planning Commission and City Council meetings are printed in the City's newsletters. She said Council is not trying to do anything underhanded. Mr. Maher stated that this would be stepping on toes. Mayor Lund asked Mr. Maher about the people who have smaller homes on smaller lots who cannot rebuild. He said that would help the valuations if those people do remodel. Mr. Maher stated that does happen. It is only the ones that are in bad shape that enc� up burning -- - anyway. He thought there should be more investigation. It would be more of an added benefit to let these lots stay there and be part of the jewel that it is in the neighborhood instead of letting a builder come in and create a whole new community. Mayor Lund asked how many lots are vacant at the present time. 0 Councilmember Bolkcom stated that Mr. Bolin has the list which will be updated for the next Council meeting on February 26. Mr. Maher stated that he appreciated Council listening and taking this item through the right channels. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 5, 2001 _ PAGE 13 Mr. Gary Bannochie, 665 Dover Street, stated that he built a house on Dover Street last summer. This will create density. There is the tree issue, the small hub for the garage, and eight to nine feet of house on top of a foundation. He said it would not look good. Ms. Kim Saxe, 4452 Madison Street, Columbia Heights, stated that her home was one that was lost to a fire on Lafayette Street which was a non-conforming lot. When the fire occurred, they did not know that they could not rebuild. They tried to get the City to allow them to repair the house. At that time, her parents still owed $35,000 on their mortgage. They were told that there was affordable housing in Fridley. Her parents could not find anything affordable and ended up living in an apartment while they searched for a house to purchase in Fridley. They found a house in Columbia Heights with a$75,000 mortgage, but she and her parents had to enter into a joint mortgage agreement. The new ordinance would prevent any other family from having to go through the struggle they went through three years ago. Ms. Dawn Myrvold, 554 Janesville Street, stated that she owned the other two properties that burned down in the last two years in the Riverview Heights neighborhood. They were side-by- side properties. She said she could not sell the property as one parcel because it was not conforming and was asked to buy the neighboring lot to make it conforming. Three weeks before the fire the lot was valued at $5,000. The day after the fire it was valued at $35,000. She said she was advised by the City that she only needed 12 1/2 feet to make the lot conforming. She said her house is located where it is to be able to fit the house onto the lot. She took the 12 1/2 feet because it was needed to build the garage. All the zoning was calculated from the west lot. The 12 1/2 feet that she needed came off of this parcel. She said she no longer has a 50-foot lot that she can sell. She said she did not agree with the grandfather clause either. She felt there was protection with this ordinance. She said she was very much in favor of this. Mr. Jon Gjevres, 180 Hartman Circle, stated that he was not in favor of the ordinance. He thought there should be a grandfather clause. He said the existing trees and tree rules would make it hard to put a house on the lot. Mayor Lund stated that the stipulation on this ordinance states that the maximum lot coverage would not exceed 35 percent. Mr. Bolin stated that you would not have any more lot coverage on the buildable lot and you would still have the same sideyazds as you would in any other zoning district. Councilmember Bolkcom asked Mr. Gjevres if he was against someone with a 50-foot lot being able to build again. Mr. Gjevres stated that this would produce more of an inner city look. Councilmember Bolkcom stated that they are probably only talking one lot here. Councilmember Wolfe stated that Council would have to wait until they received information to make a determination. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 5 2001 PAGE 14 Councilmember Bolkcom asked how he would feel if it was three or four lots. Mr. Gjevres asked what it would improve. He asked if it would produce a little more revenue. Councilmember Bolkcom stated that the reason she is in favor of this ordinance is because of the people like the two that spoke whose houses burned down. She said that someone that has a vacant lot with 5,000 feet should be able to build on it. She asked if anyone would build right behind a Laundromat. She said that probably would not change the streetscape at all. Mr. Gjevres felt a house looked better when it has a little more openness around the sides. He asked why draw the line if people will not have a right to build on a 5,000 square foot lot. He asked if a buyer could apply for a variance why would the City not allow a 4�-foot variance to have just as much right as the 5,000. It has been set at 75 feet for quite a while, and he felt it looked great that way. Mayor Lund stated that it is not Council's intention at all to generate additional revenue. Mr. Gjevres stated that there is a fine line on where to stop and where to start. Mayor Lund stated that there are two sides to every story. Councilmember Bolkcom stated that the homes on the 50-foot lots are nice little homes. They should be protected. Councilmember Barnette stated that this ordinance was more for protection of the 120 people living now on 50-foot lots. He said one or two lots to build on would be insignificant. He said it might be hard for people to get a reinvestment loan on a non-confortning property. Councilmember Bolkcom stated that many people may not realize they are on a non-conforming lot until something catastrophic happens. Mr. Gjevres asked if they could go about this in the grandfather clause way. He felt people living in an existing house should have the right to rebuild what was there. Councilmember Barnette stated that is basically what this ordinance does. This is a way to protect the homes currently there for them to rebuild or remodel. There is a line someplace to state the minimal and what is not. Councilmember Bolkcom stated that the important thing is for the planning staff to bring more information back to Council about the vacant lots and why some of those lots are not buildable. Mayor Lund stated that Council and staff do not have a vision for trying to maximize density for tax revenue. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 5, 2001 PAGE 15 Mr. Maher stated that there are also homes on flood plains that aze not able to get any permits because they are within the 100-year flood mark. He thought there might be many property owners who may not know this. Councilmember Bolkcom asked if the City was not also protecting neighboring lots as well by making these homes and lots conforming. She said it would encourage people to get grants and loans to fix up and remodel their homes. Every time someone fixes up their home and sells it, it increases the property values too. Mr. Maher stated that what is happening in the Riverview Heights neighborhood does work, and now Council is going to change it. He said developers prey on cheap lots they can purchase from the City, build, then sell them like the Gateway East project. Next thing you know you have rental property in a neighborhood, and there is no control over that. Mr. Burns stated that every single unit built in Gateway East is owner-occupied. Mr. Bannochie stated that he would appreciate it if the City would stop giving out his telephone number to people who want information about his house. He said people stop on Saturday mornings after the have come from the City Planner's office. He said he did not think that was right. He felt they could get their own information. Councilmember Bolkcom stated that next time maybe he could let the City know. Mr. Bannochie stated that he would. Mr. Bolin stated that to the best of his knowledge no one in the Community Uevelopment Department has given out Mr. Bannochie's telephone number, but he would check with staff members. Mr. Stahlberg asked if someone would have the same legal rights if they combined two 25-foot lots. He said his corner lot was tax forfeit property and was valued at $1,800. He said that Anoka County advertised it for auction for $6,000 as a non-conforming lot. They did not kriow that he owned the lot next door, so he was able to build. He said that residents do not trust government. He said he did not understand why you could build on a 40 foot lot but not on a 45 foot lot. He felt anything could be done if you went to court. Councilmember Bolkcom stated that Council was not going to get some residents to trust them, no matter what decision they make. Mr. Stahlberg stated that the mistrust was because of Council's past performance. Councilmember Bolkcom stated that residents would have to petition Council, appear before the Planning Commission and then have the results forwarded to Council. Mr. Stahlberg stated that he felt that Council would pass this ordinance with all the people in the audience not wanting it. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 5 2001 PAGE 16 Councilmember Bolkcom stated that there are not a lot of people in the audience. She said this information has been in the newsletter. She said she has not received any telephone calls. Mr. Stahlberg stated that Council has been very inconsistent and changing its mind especially on variances. Mayor Lund stated that this ordinance was not a done deal. He said Council would like to preserve the integrity of the neighborhood. He said Council would like to come to some kind of agreement with the residents. He said Council was trying to find the best solution. Mr. Burns stated that every home the HRA has purchased has been supported by one or more appraisals. He said it is very difficult to pursuade the HR.A to spend extra money. He said the lot the HRA purchased from the Saxes was a non-conforming lot and was appraised at the value that was paid to the Saxes. Mr. Stahlberg stated that he knows people who have had property purchased by the HRA. The houses that are on non-conforming lots have had single garages. Mr. Burns stated that in many cases those homes were not appraised for the amount of the purchase price. That is what fair market value is these days. Mr. Stahlberg asked what a non-conforming lot was. Mr. Burns stated that the HRA paid the price consistent with a non-conforming lot. Mayor Lund stated that does not seem like a lot of money for a lot that is non-conforming or not. He said Council was trying to protect the integrity of the neighborhood by buying the lots and determining if two lots could be combined to make a conforming lot. Councilmember Bolkcom stated that if Mr. Stahlberg gave Council the addresses in question regarding payment from the HRA, staff could research the appraisals and the purchase prices. Councilmember Wolfe stated that he could see both sides of the issue. Mr. Stahlberg stated that he was afraid new houses might be built as cheap as possible and then rented out. He did not think that would be good for the neighborhood. Councilmember Barnette stated that he would not let a house get trashed if he was going to rent it out. He said that would be a dumb investment. Mayor Lund thanked Mr. Stahlberg for coming in. He said Mr. Stahlberg's points were well taken and would be taken under advisement. MOTION by Councilmember Bolkcom to continue the public hearing until March 5. Seconded by Councilmember Barnette. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 5. 2001 PAGE 17 Councilmember Bolkcom asked Mr. Bolin if that was enough time to gather information regarding the vacant lots. Mr. Bolin stated that it should be enough time. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 12. FIRST READING OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE. CHAPTER 205, ENTITLED "ZONING" BY ADDING A NEW SECTION 205.XX. 0-5 RESIDENTIAL LOTS CREATED PRIOR TO 1955 DISTRICT REGULATIONS (ZONING TEXT AMENDMENT, ZTA #00-04, BY THE CITY OF FRIDLEYI: MOTION by Councilmember Bolkcom to table the first reading until March 5. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 13. ESTABLISH A PUBLIC HEARING FOR MARCH 5. 2001, ON AN ORDINANCE AMENDING CHAPTER 7 OF THE FRIDLEY CITY CHARTER PERTAINING TO TAXATION AND FINANCES: MOTION by Councilmember Bolkcom to establish a public hearing for March 5. Seconded by Councilmember Wolfe. Mr. Pete Eisenzimmer, 6535 Oakley Drive, stated that this public hearing was voted on by the residents. He wanted to know why Council was returning to a public hearing. He said that all of a sudden the residents are going to have all these changes. He said he could not believe Council would do this. Mayor Lund stated that this is simply to clarify the wording of the amendment with the full intent of leaving the Charter Amendment intact as far as content. Mr. Knaak stated that this public hearing was a submission by the Charter Commission. This matter was reviewed by them, and there are some language issues that they want Council to consider. The usual process is to have a public hearing and keep it open in the whole process to � assure everybody that there would not be any substantive change that would change what the voters had done. That is already the law in the City of Fridley. These issues will be relevant at _ the public hearing. Mr. Eisenzimmer stated that he would bring this up at the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 5 2001 PAGE 18 14. INFORMAL STATUS REPORTS: Mr. Burns stated that he did not have any informal status reports to discuss. ADJOURN: MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember Wolfe. - UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE FEBRUARY 5, 2001, CITY COUNCIL MEETING ADJOURNED AT 9:58 P.M. Respectfully submitted, Signe L. Johnson Scott J. Lund Recording Secretary Mayor CITY OF FRIDLEY PLANNING COMMISSION MEETING, FEBRUARY 7, 2001 CALL TO ORDER: Chairperson Savage called the February 7, 2001, Planning Commission meeting to order at 7:30 p.m. ROLL CALL: Members Present: Diane Savage, Barbara Johns, LeRoy Oquist, Dean Saba, Larry Kuechle Members Absent: Dave Kondrick, Connie Modig Others Present: Paul Bolin, Planner Wayne Dahl, 7699 Highway 65 NE, Fridley Chris Winter, Gateway East Redevelopment, LLC APPROVE THE JANUARY 17. 2001 PLANNING COMMISSION MEETING MINUTES: MOTION by Mr. Oquist, seconded by Ms. Johns, to approve the January 17, 2001, Planning Commission meeting minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING: Consideration of a Special Use Permit, SP #01-01, by Wayne Dahl, for the installation of an electronic changeable sign, generally located at 7699 Highway 65. MOTION by Mr. Kuechle, seconded by Mr. Saba, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 7:32 P.M. - Mr. Bolin stated that Dr. Wayne Dahl of North Metro Spine Care Specialists is the petitioner. He is requesting a special use permit to allow a new automatic changeable readerboard sign on his property located at 7699 Highway 65. The property is zoned C-3, General Shopping, with Osborne Road to the north and TH 65 to the west. The TH 65 service drive is located to the east. This site was originally developed as the FrosTop Drive-In in 1964. During the 1960's and 1970's, the property was used as a miniature golf course. Mr. Bolin stated Dr. Dahl purchased the property in 1981 and remodeled it to accommodate a chiropractic office. Sign permits were issued for new pylon signs on this site in 1981, 1988, and 1986. Automatic changeable readerboard signs are an approved special use in this zoning district provided the message does not change more than once every fifteen minutes and that the total free standing signage for this site does not exceed 80 square feet in size. In 1996, a special use permit was obtained for the time and temperature readerboard that currently sits on the top of the existing sign. This readerboard will need to be removed as it is 4.8 square feet in size and would bring the total signage proposed over the 80 square feet allowed by code. Mr. Bolin stated that a 2 feet by 13 feet automatic changeable readerboard would be on the proposed sign. Total square footage would be 78 square feet. Staff recommends approval 1 PLANNING COMMISSION MEETING, FEBRUARY 7, 2001 PAGE 2 subject to stipulations. The petitioner is seeking a variance to allow the message on the sign to change more often than every fifteen minutes. Mr. Kuechle stated that stipulation #2 may be a catch-22, and they would want to do everything in one operation. Is staff suggesting thafi the petitioner cannot get the permit until the old one is down? Mr. Bolin stated that is correct, and they could reword that stipulation if they get a letter of intent from the petitioner to remove the existing time and temperature sign at the same time as the new sign is installed. Ms. Savage asked Mr. Bolin if any calls or comments were received about this request. Mr. Bolin stated that there have been no calls. Dr. Dahl stated that he does not have any problem with the stipulations, and Mr. Bo�in has described everything quite well. Mr. Kuechle asked Mr. Dahl about removing the readerboard before he gets the permit. Is that something that would inconvenience him? Dr. Dahl stated that he is not concerned about it. The existing sign is five years old with old technology. Ms. Johns asked if the new sign would be in the same location as the existing one. Dr. Dahl stated that the plastic surface section would be taken out of the sign structure and the readerboard would be put into the lower portion of it. The plastic sign would be cut off and put back together, the white area on the bottom would be cut out, and the readerboard placed in there. MOTION by Mr. Saba. Seconded by Mr. Oquist, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 7:39 P.M. Mr. Oquist stated that the request is pretty straightforward. Ms. Savage stated that it is a permitted use. She would be in favor of approving the special use permit. MOTION by Mr. Kuechle, seconded by Mr. Saba, to recommend approval of SP #01-01 with the following stipulations: 1. The petitioner shall obtain sign permits prior to installing any signage on site. 2. The existing time/temperature reader board shall be removed prior to granting sign permits for new signage. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSQN SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Savage stated that this would go to City Council on February 26. 2 PLANNING COMMISSION MEETING, FEBRUARY 7, 2001 PAGE 3 2. PUBLIC HEARING: Consideration of a Rezoning, ZOA #01-01, by Gateway East Redevelopment, LLC, to rezone for a proposed 28 unit for sale townhome project, generally located at 5807 and 5755 University, 353 and 339 57`� Place, and 348 575th Avenue. 3. PUBLIC HEARING: Consideration of a Preliminary Plat, PS #01-01, by Gateway East Redevelopment, LLC, for a preliminary plat for proposed 28 unit for sale townhome project, generally located at 5807 and 5755 University, 353 and 339 57`h Place, and 348 57`h Avenue. 4. PUBLIC HEARING: Consideration of a vacation, SAV #01-01, by Gateway East Redevelopment, LLC, for a street vacation for a proposed 28 unit for sale townhome project, generally located at 5807 and 5755 University, 353 and 339 57`h Place, and 348 57�' Avenue. MOTION by Ms. Johns, seconded by Mr. Saba, to open the public hearing regarding item nos. 2,3, and 4. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 7:41 P.M. Mr. Bolin stated that these three requests were for the Gateway East Project. The petitioners are Gateway East Redevelopment and the Limited Liability Corporation. This is a joint venture between Real Estate Equities and the Bisanz Brothers. The project is located at the corner of 57`h and University Avenues. The entire site is about 2.5 acres in size. Former uses on these properties included a pawn shop, automotive repair facility, a duplex, and two vacant sites. The developer's and HRA's goal is to change the current aging commercial structures into a livable residential area. Gateway East Redevelopment is proposing 28 owner-occupied townhome units to be priced between $126,000 and $142,000. Each townhome will be a three-story design with two bedrooms and two car attached garages. Mr. Bolin stated the developer is seeking to vacate portions of the University Service Road, a portion of 57`h Place, and a portion of 4`h Street. They would also like to rezone the property from a mix of C-2 commercial and R-2 residential into an S-2 redevelopment district. They would like to replat the properties into one parcel suitable for townhome development. In 1988, the City was approached by a developer who looked at developing this site and the Valvoline site as commercial. Due to the fact that the property was so expensive, it was determined that the development was not feasible. Mr. Bolin stated that in 1998, JR's Automotive contacted the HRA about purchasing their property. The HRA acquired the property and looked at redeveloping that quadrant. In July 1998, the HRA hired the Hoisington Koegler Group to develop specific concept plans for the redevelopment of this quadrant at 57th, exclusive of the Valvoline site. In April 1999, the HRA signed a purchase agreement to purchase the Holiday property occupied by Cash-N-Pawn. In August 1999, the HRA initiated offers to purchase the duplex at 349 57`h Place and the finro vacant lots. Mr. Bolin stated that in March 2000, City staff conducted a neighborhood meeting to present three options for realigning streets in the project area. The residents favored the plan which closed off access to the neighborhood. The residents in the northeast portion did not want to see 4`h Street extended through. In June 2000, the HRA sent out proposals to a number of 3 PLANNING COMMISSION MEETING, FEBRUARY 7, 2001 PAGE 4 developers. Two proposals were received by Gateway East Redevelopment for 28 townhome units and Hokanson Development for 40 townhome units. It was determined that the less dense 28-unit townhome proposal would be most appropriate for this site. Mr. Bolin stated that in July 2000, the HRA demolished the duplex, JR's Automotive, and Cash- N-Pawn. In December 2000, the HRA approved the contract for private redevelopment with Gateway East Redevelopment and approved the Gateway East TIF District. In January 2001, the developer prepared the final plans with the land use applications, called a neighborhood meeting, and started conducting additional environmental testing on the site. Mr. Bolin stated staff recommends approval of the three requests. The proposed alignment for the streets is supported by the neighborhood and the Public Works Department. Rezoning of the property is necessary to get the density needed on this site to accommodate the 28 units proposed and gives more flexibility to establish a more residential character. It allows for some closer setbacks found on the private streets close to the development. The plat request is necessary to combine the five properties in the project area into one property to be platted for the units. This would also dedicate the right-of-way necessary for the proposed street layout. Mr. Chris Winter, representing Real Estate Equities, stated they are requesting to realign and vacate the University Avenue Service Road. Valvoline Oil will have their entrance relocated. They are proposing eight buildings with five and three-unit clusters. Green grass will be between buildings and the driveways and garages will be in back with a private entrance. There will be a nice streetscape with front porches and landscaping. There will be a common area in the center of the community and nice landscaping on various properties. They are proposing a three story tuck-under garage style that would allow front porches and decks. Landscaping will add different elements of interest. Shaker maintenance free siding will be throughout. Private entrances are on the front and the back. They took a lot of time to work on the elevation. They want to make the development as residential as possible and bring down the elevation. Mr. Saba asked for more information about the landscaping. Mr. Winter stated they are looking at a two inch tree in the front yard with various types. The first level is a garage level with room for a home office/bedroom space. Two different main level floor plans are being proposed right now. Both have two bedrooms and one and a half bathrooms. Both offer a little computer nook area on the_main level and great room and dining room area. The third floor will have two bedrooms with a master suite walk-in closet, oversized bathroom, and a bedroom/storage room. Mr. Saba asked how much green space is in back. Mr. Winter stated there is about 35 feet of setback in the front yard for green grass and trees. There will be about four or five feet of green space between each driveway in the back. There is green grass and trees in the side yard. Ms. Johns asked if the environmental testing has been done. Mr. Winter stated they did soil borings in a number of locations, and the results should be in next week. Mr. Saba asked if the computer nook will have cable access. Mr. Winter stated that they will have cable and phone access. � PLANNING COMMISSION MEETING, FEBRUARY 7, 2001 PAGE 5 Ms. Savage asked if any calls were received. Mr. Bolin stated that he has had three calls. Two were in favor of this and the third was just curious about the project. Ms. Savage asked if he had any problems with stipulations. Mr. Winter stated they have no problems with the stipulations. Mr. Oquist asked if there were any problems with the way the roads were constructed. Mr. Bolin stated that in December he, the building inspectors, the Fire Marshall, and the City Engineering staff met to discuss the road construction. They ended up moving some utilities and one fire hydrant. There were no other issues. Ms. Johns asked if Valvoline has a problem with anything. Mr. Bolin stated Valvoline is working with the HRA on the best way to redesign the site: MOTION by Mr. Kuechle, seconded by Mr. Saba, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:05 P.M. Mr. Oquist asked about fencing. Mr. Bolin stated there would be the same kind of brick and wrought iron fencing found at Christenson C�ossings and Walgreens. Some design criteria is already in place for the fencing. Mr. Oquist stated that this is a nice package and would clean that area up. Ms. Savage stated they certainly could use more residential in Fridley. MOTION by Mr. Oquist, seconded by Ms. Johns, to approve Rezoning, ZOA #01-01. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Mr. Kuechle to approve Preliminary Plat, PS #01-01, with the following stipulations: 1. The petitioner shall obtain all necessary permits prior to construction. 2. The grading and drainage plan shall be approved by the Ciry's Engineering staff prior to the issuance of any building permits, in order to minimize impacts to the surrounding properties. 3. During construction, silt fencing shall be used where applicable. 4. The petitioner shall pay $750 per unit park fees prior to issuance of building permits. 5. The petitioner shall pay all water and sewer connection fees. 6. The petitioner shall agree to preserve mature trees to the extent possible. All trees required to be removed for the new homes shall be marked and approved by City staff prior to issuance of building permits. 5 PLANNING COMMISSION MEETING, FEBRUARY 7, 2001 PAGE 6 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Mr. Oquist, seconded by Mr. Saba, to approve Vacation, SAV #01-01. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Savage stated that these request will go to City Council on February 26. 5. RECEIVE THE MINUTES OF THE DECEMBER 4 2000 PARKS AND RECREATION COMMISSION MEETING: MOTION by Mr. Oquist, seconded by Mr. Saba, to receive the minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. RECEIVE THE MINUTES OF THE JANUARY 8 2001 PARKS AND RECREATION COMMISSION MEETING: MOTION by Mr. Oquist, seconded by Mr. Saba, to receive the minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 7. RECEIVE THE MINUTES OF THE OCTOBER 25 2000 APPEALS COMMISSION MEETING: MOTION by Mr. Kuechle, seconded by Ms. Johns, to receive the minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. ADJOURNMENT: _ __ __ MOTION by Mr. Oquist to adjourn the meeting. Seconded by Mr. Saba. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE FEBRUARY 7, 2001, PLANNING COMMISSION ADJOURNED AT 8:11 P.M. Respectfully submitted, Sign L. Johns � Recording Secretary 0 r � anr aF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 26, 2001 TO: William W. Burns, City Manager ��;� t" FROM: Dave Sallman, Director of Public Safety SUBJECT: Trespassing Ordinance DATE: February 22, 2001 Staff is proposing that a Trespassing Ordinance (Chapter 129) be added to the City Code. The first reading of the ordinance is scheduled for the February 26, 2001 Council meeting as a consent agenda item. As noted in Section 129.01 "The purpose of this chapter is to allow an owner of real property to which the public has some implicit right of access to exclude a person from that property if the person has committed a crime on the property or has violated the properly posted or otherwise provided rules of conduct for that property." The premises which are within the City of Fridley, not limited to: -places of worship -shopping malls _ -retail sales facilities -hotels/motels -restaurants -multiple dwellings -office buildings -theaters covered by the proposed ordinance include any real property to which the public has an implicit right of access to include but The ordinance requires the issuance of a written trespass notice (included in the ordinance) by a property manager or tenant. The notice may only be issued if the property manager or tenant has probable cause to believe that the person has, no more than thirty (30) days before the issuance of that notice: 1. Committed an act prohibited by State statute or City ordinance while on the covered premises; or 7 r Trespassing Ordinance February 22, 2001 Page 2 2. Violated any rule of conduct for the covered premises that has been posted at all - public entrances to the covered premises or that the property manager or tenant has provided to the person in writing. � 3. The ordinance also covers persons entering certain areas which are restricted by signs such as "Authorized Personnel Only", "Private", "Employees Only", and "Emergency Exit Only". 0 u No person covered by this ordinance may trespass upon any of the real property covered by the ordinance. Any person violating any of the provisions of the ordinance is guilty of a misdemeanor. The ordinance has been provided to the City Prosecuting Attorney and City Attorney for review. Staff recommends approval. • ORDINANCE NO. AN ORDINANCE AMENDING THE FRIDLEY CITY CODE, CREATING CHAPTER N0.129 PERTAINING TO TRESPASSING ON PRIVATE PROPERTY The City Council of the City of Fridley hereby ordains that the following language be added to the Fridley City Code: Chapter 129 Trespassing Section 129.01. Purpose. The purpose of this chapter is to allow an owner of real property to which the public has some implicit right of access to exclude a person from that property if the person has committed a crime on the property or has violated the properly posted or otherwise provided rules of conduct for the property. Section 129.02 Definitions. For the purposes of this chapter, the following words and terms shall have the following meanings, unless the context clearly indicates otherwise: 1. Covered Premises. Any improved real property, or portion thereof, within the City of Fridley, to which the public has an implicit right of access, including, but not limited to, places of worship, shopping malls, retail sales facilities, hotels, motel, nursing homes, restaurants, multiple dwellings, hospitals, medical and dental offices, clubs, lodges, office buildings, banks and financia� institutions, transit stations, athletic and recreational facilities, personal service establishments, theaters, and day care facilities. 2. Tenant. Any authorized occupant of a covered premises, or the agent thereof, but excluding an occupant of a domestic use, such as a renter of lessee of a dwelling or apartment, resident in a nursing home, or a hotel or motel guest. 3. Property Manager. Any owner of a covered premises, or the agent of the owner or any tenant who is authorized by the owner to exercise control over the covered premises, including its public common areas. 4. Public Common Areas. All areas of the covered premises, other than private common areas, maintained for the common use of its tenants or of the general public incidental to normal and legitimate activities upon the covered premises, including, but not limited to: the curtilage; parking lots and ramps; private roadways, sidewalks, and walkways; recreational facilities; reception areas; rotundas; waiting areas; hallways; restroom facilities; elevators; escalators; and staircases. 5. Private Common Areas. Other common areas within the covered premises normally within the exclusive control of a tenant but subject to reasonable regulation by the property manager, including, but not limited to, sales floors, store restroom facilities accessible to customers or clients, checkout lanes, and customer service areas. 0 Ordinance No. Page 2 6. Private Areas. Areas within the covered premises not normally accessible to members of the public without explicit permission of the person in direct control of the area, including, but not limited to, individual apartment units, employee rest areas and facilities, banquet halls, meeting rooms, and private offices. 7. Trespass Notice. A written notice that contains minimally the following information: A. Verbatim copies of Sections 129.05 and 129.06 of this Chapter. B. The name, date of birth, and address of the person to whom the notice is issued and the name of the person's custodial parent or guardian if the person is a juvenile. C. A description of the specific conduct that forms the basis for the issuance of the notice. D. A description of the specific covered premises or portion thereof to which the notice applies. E. The period during which the notice is in effect, including the date of its expiration. F. The name, title, address, and telephone number of a person with authority to modify, amend, or rescind the notice. G. The method by which the notice was served upon the person to whom it was issued. Section 129.03. Issuance of Trespass Notice. A property manager or tenant may issue a trespass notice to a person only if there is probable cause to believe the person has, no more than thirty (30) days before the issuance of that notice: 1. Committed an act prohibited by State statute or City ordinance while on the covered premises; or 2. Violated any rule of conduct for the covered premises that has been conspicuously posted at all public entrances to the covered premises or that the property manager or tenant has provided to the person in writing. Section 129.04. Coverage of Trespass Notice. 1. If issued by a property manager, a trespass notice is effective only as to those public common areas and private areas within the property manager's exclusive control, except that a trespass notice may also cover private common areas and other private areas provided the tenant or tenants in control of such areas have agreed in writing to be precluded from inviting onto the premises any person to whom a trespass notice has been issued under this Chapter. Such a trespass notice must state that the tenant or tenants of the covered premises are precluded from inviting onto the covered premises any person to whom a trespass notice has been issued under this Chapter. 2. If issued by a tenant, the trespass notice is effective only as to those private common areas and private areas over which the tenant has control. 3. A notice broader in coverage than authorized by this Section shall not be invalid, but shall be valid to the extent authorized by this Section. 10 Ordinance No. Section 129.05. Prohibited Conduct. Page 3 1. No person shall trespass in or upon any covered premises of another and, without claim of right, refuse to depart therefrom on demand of the property manager, or a tenant authorized to exercise control over the covered premises or portion involved. 2. No person served with a trespass notice in conformity with this Chapter sha11 enter in or upon the premises described therein during its effective period without the written permission of the notice issuer, agent, or assign. 3. No person shall enter any public facility, utility, or grounds thereto, or any covered premises or portion thereof in violation of conspicuously posted signs prohibiting of restricting access thereto, including, but not limited to, the following: " Trespassing", "Authorized Personnel Only", "Private", "Employees Only", "Emergency Exit Only". Section 129.06. Violations. Any person violating any of the provisions of this Chapter is guilty of a misdemeanor. Section 129.07. Additional Provisions. 1. No trespass notice shall be effective for more than one year. 2. All trespass notices issued pursuant to this Chapter must be properly served upon the person named therein as follows: A. Personal service documented by either a receipt signed by the person to whom it was issued or an affidavit of the issuer; or B. If the person is arrested or detained by a police officer, the officer may personally serve the notice on behalf of the property manager or tenant and document service in the officer's official police report detailing the incident. Section 129.08. Severability If any section or portion of any section of this Chapter is deemed invalid or unconstitutional by a Court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of other sections or portions of sections of this Chapter. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS _ DAY OF , 2001. ATTEST: DEBRA A. SKOGEN - CITY CLERK First Reading: Second Reading: 11 SCOTT J. LUND - MAYOR . ADDENDUM TO LEASE Regarding Persons Trespassed from the Property Resident agrees not to invite or allow anyone into their apartment, home, or onto the common property, who has been issued a Trespass Notice by the property manager of this property. I UNDERSTAND THAT TO DO SO WILL BE CONSIDERED A MATERIAL VIOLATION OF THE LEASE AND GOOD CAUSE FOR TERMINATION OF TENANCY. This addendum is agreed to pursuant to Fridley City Code Chapter 129. Management Resident Resident Resident Date Date Date Date Resident(s) acknowledge receipt of this addendum by signature of this document. 12 TO: Name: Address: TRESPASS NOTICE AUTHORIZED BY FRIDLEY CITY CODE CHAPTER 129 Date of Birth: (Printed name of parendguardian if person is under 18) Specific conduct that forms basis for notice (include time, place, and circumstances): Date of conduct: You are prohibited from entering the following premises, including all grounds, outbuildings, parking areas, drives, and sidewalks thereto (premises address): ❑(✓ if applies) This notice includes areas under control of tenants. THE TENANTS OF THE PREMISES ARE PRECLUDED FROM INVITING ONTO 'THE PREMISES ANY PERSON TO WHOM A TRESPASS NOTICE HAS BEEN ISSUED. This notice is in effect and expires at 12:01 a.m. on Date: Date: (must be within 30 days of the date of conduct) (up to one year from effective date) Person to contact with respect to modifying, amending, or rescinding this notice: Name: Title: Address: Phone Number: (if not served by police officer) I verify that I personally handed a copy of this notice to the above person on the above date (specify if different ). (Print and sign name) (At least one of the following must be completed:) ❑ Subscribed to and sworn before this day of , 2000, (Notary Seal) (Notary Public ❑ I acknowledge receipt of this notice (Signature is voluntary; parendguardian should also sign if person is under 18) or ❑ Served by Police Officer Badge No. Icr (May be served by police only authority of property manager or tenant.) FRIDLEY CITY CODE PROVIDES: Section 129.05. Prohibited Conduct. 1. No person shall trespass in or upon any covered premises of another and, without claim of right, refuse to depart therefrom on demand of the property manager, or a tenant authorized to exercise control over the covered premises or portion involved. . 2. No person served with a trespass notice in conformity with this Chapter shall enter in or upon the premises described therein during its effective period without the written permission of the notice issuer, agent or assign. 3. No person shall enter any public facility, utility, or grounds thereto, or any covered premises or portion thereof in violation of conspicuously posted signs prohibiting or restricting access thereto, including, but not limited to, the fo(lowing: "No Trespassing", "Authorized Personnel Only", "Private", "Employees Only", "Emergency Exit Only". Section 129.06. Violations. Any person violated any of the provisions of this Chapter is guilty of a misdemeanor. Original (Police) Served Copy 7 3 Manager/Tenant Copy Rev. 02-09-01 I � QTY OF FRIDLEY _ TO: 0 FROM: DATE: SUBJ ECT: � AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 26, 2001 William W. Burns, City Manager ,�yc`� s�� J on . aukaas, Public Works Director February 26, 2001 2001 Street Improvement (Sealcoat) Project No. ST. 2001 - 10 PWO1-021 On Thursday, February 15, 2001, bids were opened for the 2001 Street Improvement (Sealcoat) Project No. ST 2001 - 10. Specifications were sent to four contractors and four bids were received. The low bid was submitted by Pearson Bros. Inc. of Loretto, MN, in the amount of � 126,990.64 for Area 4 in the east central portion of the City. The 2001 budget has $180,000 identified in the Street Capital Improvement program. Recommend the City Council receive the bids and award the contract for the 2001 Street Improvement (Sealcoat) Project No. ST. 2001 - 10 to Pearson Bros. Inc. in the amount of $126,99Q.64. JHH:cz Attachments 14 Layout Name: LAYOUT.2001_30_STREETS_A Project Laation: D:\GISDATA\PUBLiCVYORKS\VRWE��LCOAT.APR Date Printed: Ol/04/2001 - 01:5633 PM BID FOR PROPOSALS STREET IMPROVEMENT (SEALCOA'I') PROJEGT NO. ST 2001 - 10 THURSDAY, FEBRUARY 15, 2001, 0:00 A.M. Pearson Bros Inc American Inst. Arch. $126,990.64 P O Box 334 5% Loretto MN 55357 Bituminous Roadways Inc United Fire 5% $133,476.80 2825 Cedar Ave S Minneapolis MN 55407 Allied Blacktop Company CNA 5% $134,228.27 10503 89th Ave N Maple Grove MN 55369 Asphalt Surface Technologies Corp Great American Ins $161,657.89 P O Box 1025 5% St Cloud MN 56302 16 y.. ..Y�'(' J 5 YEAR CAPITAL IMPROVEMENT PLAN BUDGET 2002 City of Fridley State of Minnesota Streets Capital Improvements 2001 Beginning Balance $ 2,168,908 Revenues Funds Available Proiects Ending Balance Beginning Balance Revenues Funds Available Proiects Ending Balance Interest Income Minnesota State Aid - Construction Total Revenues 2001 Sealcoat Program (Area 4) 2001 Street Reconstructlon Program Ward 2 ' Lodc Lake/Railroad Crossing Bike Path Bridge ' Design TH 65 Additional North & Southbound Lanes HRA (Total c�st = 5600,000 400,000 state 200,000 HRA). ' Gateway East-E Univ Ave Frontage Road (190,000) HRA Total Projects 2002 Interest Income Minnesota State Aid - Construction Total Revenues 2002 Sealcoat Program (Area 5) 2002 Street Reconstruction Program Ward 3 ' 73th Ave / 73 1/2 East Reconstruction (Salvage Yard Redevelopment - HRA $100,000) ' Biking/Walkway 61st Ave "NCDA" (Commuter Rail Underpass) (Grant $24,000) " Biking/Walkway W Main St "NCDA" (57th & 61 st) (Grant $24,000) Total Projects ' New Project or Equipment " Relocated Projed or Equipment 17 C 108,445 100.000 $208,445 2,377,353 180,000 , 500,000 150,000 0 0 $830,000 $ 1.547�353 $ 51,54T,353 77,368 100.000 $177,368 1,724,721 190,000 500,000 0 0 0 $690,000 $ 1,034,721 r�•� v 1'• ii. � � � GTY OF FRIDLEY - TO: . FROM: DATE: SUBJ ECT: AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 26, 2001 � William W. Burns, City Manager�� Jon H.�Haukaas, Public Works Director February 26, 2001 Reconstruction of Stinson Blvd by New Brighton PWO1-019 The City of New Brighton has submitted their 2001 feasibiliry study for their Project 01-1, Street Recoristruction which includes the jointly owned border street, Stinson Blvd. The attached resolution accepts this feasibility report and authorizes the establishment of a public hearing on March 26, 2001 on proposed assessments for the project. Thirteen (13) properties are a�ected by the proposed project. Of these, only eight properties would be assessed at a maximum of $1,200.00 each according to existing City of Fridley assessment policy. Recommend the City Council adopt the attached resolution calling for a public hearing on March 26, 2001 on the proposed assessments for the reconstruction of Stinson Blvd as part of the City of New Brighton's 2001 Street Reconstruction program. JHH:cz Attachment �•J RESOLUTION NO. - 2001 RESOLUTION RECEIVING THE FEASIBILITY STUDY AND CALLING FOR A PUBLIC HEARING ON THE MATTER OF CONSTRUCTION OF CERTAIN IMPROVEMENTS: STINSON BOULEVARD STREET IMPROVEMENT PROJECT NO. ST. 2001 - 2 WHEREAS, the City of New Brighton proposes to reconstruct Stinson - Boulevard, a street which is the common boundary between the cities of Fridley and New Brighton, from Mississippi Street north through the cul-de-sac at Rice Creek, and - WHEREAS, concrete curb and gutter and a new roadway surface will be installed along this section, and WHEREAS, the construction of certain improvements is deemed to be in the interest of the City of Fridley and the property owners affected thereby. NOW, THEREFORE, BE IT RESOLVED THAT, the City Council of the City of Fridley, Anoka County, Minnesota, as follows: 1. That the feasibility study submitted by the Engineering Department of the City of New Brighton, having been reviewed and recommended for approval by the Engineering Department of the City of Fridley, is hereby received and accepted. 2. That the City Clerk shall act to ascertain and prepare for an assessment role the name and address of the owner of each parcel of land directly affected or within the area of lands as may be proposed to be assessed for said improvements, and calculate estimates of assessments as may be proposed relative thereto against each of said lands. 3. That the area proposed to be assessed for said improvements and each of them as noted are all the lands and areas in said assessment role. 4. That the estimates of assessments in said assessment role by the Clerk shall be available for inspection to the owner of any parcel of land as may be affected thereby at any public hearing held relative thereto, as well as at any prior time reasonable and convenient. 5. That the City Clerk is authorized and directed to give notice _ thereof in the official newspaper of the City of Fridley and by mailed notice to all the property owners whose property is liable to be assessed with the makinq of these improvements . according to law, such notice to be substantially in the form .. „ and substance of the notice attached hereto as Exhibit A. 6. That this Council met on the 26th day of March 2001 at 7:30 p.m. at the Fridley Municipal Center Council Chambers at 6431 University Avenue NE, Fridley, MN, for the purpose of holding a public hearing on the improvement noted in the notice 19 0 0 attached hereto and made a part thereof by reference, Exhibit ..A.. . PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 26TH DAY OF FEBRUARY 2000. ATTEST: DEBRA A. SKOGEN - CITY CLERK SCOTT J. LUND, MAYOR 20 CITY OF FRIDLEY (EXHIBIT A) NOTICE OF HEARING ON IMPROVEMENTS STINSON BOULEVARD STREET IMPROVEMENT PROJECT NO. ST. 2001 - 2 WHEREAS, the City Council of the City of Fridley, Anoka County, . Minnesota, has deemed it expedient to receive evidence pertaining to the improvements hereinafter described. .. NOW, THEREFORE, NOTICE IS HEREBY GIVEN THAT on the 26th day of March, 2001, at 7:30 p.m. the City Council will meet at the Fridley Municipal Center Council Chambers, 6431 University Ave., N.E., Fridley, MN, and will at said time and place hear all parties interested in said improvements proposed for Stinson Boulevard from Mississippi Street north through the cul-de-sac at Rice Creek. The general nature of the improvements is the construction (in the lands and streets noted below) of the following improvements, to- wit: The project will include: removal of the existing street surface, base, and bituminous curb, grading, compacted base, hot-mix bituminous surfacing, installation of concrete curb and gutter, driveway and boulevard repair, and other facilities located an: STINSON BOULEVARD - MISSISSIPPI STREET NORTH THROU�H THE CUL-DE-SAC AT RICE CREER Al1 of the land abutting upon said streets named above and all lands within, adjacent and abutting thereto. All of said land to be assessed proportionately according to the benefits received by such improvement. Hearing impaired persons planning to attend the public hearing who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than 9 February 2000. Published: Fridley Focus March 9, 2001 March 16, 2001 March 23, 2001 21 ASSESSMENT ROLL STINSON BLVD STREET IMPROVEMENT NEW BRIGHTON PROJECT NO. 00-01 Fstimated Assessment for Concrete Curb & Actual Gutter Based on Assessment Address PIN No. Front Ft $15 r Front Ft $ r Front Ft GLADI-IILL ST'EPI-�N A 133024140020 80 $ 1,200.00 6630 STINSON BLVD NE FRIDLEY MN 55432. CRAIG CHERYL J& RICHARD 133024140021 80 $ 1,200.00 6620 STINSON BLVD NE FRIDLEY MN 55432. UPTON S1'EVEN K 133024140022 80 S 1,200.00 6610 STINSON BLVD NE FRIDLEY MN 55432. SI-IIMANSKI DELORES 133024140025 80 $ 1,200.00 RICHARD RAND 6560 STINSON BLVD NE FRIDLEY 1�IN 55432. LARSON THOMAS J& 133024140026 80 $ 1,200.00 DEBORAH 6556 STINSON BLVD NE FRIDLEY 1�II�I 55432. SMESTAD JEANNE M• 133024140027 80 $ 1,200.00 6540 STINSON BLVD NE FRIDLEY 1bIN 55432. SUBLETT TRACYE DAVIS- 133024140028 80 $ 1,200.00 6530 STINSON BLVD NE FRIDLEY NIN 55432. GANNON JOHN J& JANE A 133024140029 80 $ 1,200.00 6516 STINSON BLVD NE FRIDLEY 11�155432. 22 � L QtY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING FEBRUARY 26, 2001 Date: February 21, 2001 o: William Bums, Ci Manager �\�� T ty �� From: Subject: Scott Hickok, Acting Community Development Director Julie Jones, Planner/Recycling Coordinator 2001 SCORE Recycling Funding Agreement Background: We have received the 2001 Anoka County Residential Recycling Agreement. This agreement allows us to receive up to $74,680.24 in state SCORE funds from Anoka County to subsidize the cost of our 2001 residential recycling program. This amount is slightly less than the amount we received in 2000 and estimated when preparing the 2001 budget last year. As the popularion of other cities (like Coon Rapids) grows at a faster rate than Fridley, we will continue to receive a decreasing percentage of Anoka County's annual SCORE funding. There are no noticeable language changes from the previous agreement. Recommendation: Staff recommends that the City Council approve this agreement at the February 26, City Council meeting for the City Clerk and Mayor's signatures so that the City will qualify for our first 2001 SCORE payment mid- year. 23 . / a CITY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 26, 2001 . William W. Burns Ci Mana er �� TO• , ty g ,� FROM: Dave Sallman, Director of Public Safety DATE: February 22, 2001 SUBJECT: Department Reorganization The current Deputy Public Safety Director (Gary Lenzmeier) and the current police Lieutenant (Herb Zimmerman) will be retiring from the Fridley Police Department this year. Deputy Director Lenzmeier will be leaving at the end of March and Lieutenant Zimmerman will be leaving in September. I am proposing when each of the incumbents leave, that their positions be changed to the rank of Captain. Since the early 1980's, the Deputy Director has served as the division commander of the Operations (patrol) Division and the Lieutenant has been the division commander of the Technical Support Division. It is not critical what we call the division commander. Captain is probably the most common title for departments the size of Fridley. Most departments our size have two divisions and hence two division commanders. Departments that are smaller may have one captain and as departments increase in size it is not uncommon for them to have 3 or 4 divisions (captains). My intent is to make the respective commanders equal in rank. This will provide the flexibility of allowing them to switch divisions some time in the future, which will provide experience in commanding all aspects of the Police Department. It provides for career development in preparing the officers for the chief's position without one of them feeling that the transfer is a demotion. In the past there has been a lieutenant in position that would serve as the likely successor to the deputy director. That has provided the individuals with experience in both divisions by promotion. That is not the case with both commanders retiring within a few months of each other. It is likely that I will be retiring within the next 3 to 5 years. It is my intent to insure that there are several people who have had the appropriate experiences to fill my position. The City may choose to fill the position from outside of the department, but I have some obligation to insure that there are internal members who are prepared to become chief. The second reason for the change is that I believe there are several internal candidates who will be capable of filling the chief's position. If I promote one to Deputy Director and one to Lieutenant, it may be sending an unintended message that one should be next in line for the Chiefs position. The Fridley Police Civil Service Commission has given unanimous approval to this proposal. The change is approximately cost neutral. Staff recommends approval. 24 AGENDA ITEM COUNCIL MEETING OF FEBRUARY 26, 2001 QT1f OF FRIDLEY -y � p TO: WILLIAM W. BURNS, CITYMANAGER',`� � FROM.• RICHARD D. PRIBYL, FINANCE DIRECTOR SUBJECT: CONTRIBUTION TO THE MINNESOTA MUNICIPAL BEVERAGE ASSOCIATION TO ASSIST IN DEFEATING WINE IN GROCERY LEGISLATION DATE: February 22, 2001 One of the legislative bills drafted this year, is one in which the grocery lobby is applying great pressure. The bill, in its current form, would put wine in grocery and convenience stores throughout the metro area. It would probably damage our off-sales liquor operations to the extent that the operation would only be marginally profitable. You have probably already been exposed to some of the lobbying being sponsored by the Minnesota Grocers Association. They are attempting to show shoppers the reasons why it is a good idea to sell wine in grocery and convenience stores. So far, they have done a great job selling their thoughts on this topic, but realistically it all comes down to the bottom line. This would be a new product for them to market that adds significant new revenue to their bottom line. Their motivation is one of iinancial incentive, but they are selling the concept of convenience to customers. If the bill were to pass, a couple of things would immediately happen to the City of Fridley. We would be competing directly with Cub Foods, whose marketing capability is far superior to that of the City of Fridley's. We would see a marked decline in sales since wine products tend to have the highest mark up of products sold in liquor stores. Our sales would fall causing a loss of net income and ultimately reduce or eliminate the amount of revenue we could transfer to the General Fund to help reduce the reliance on property taxes. A significant problem in the future ' is that any loss of a dollar from a revenue source, such as from liquor sales, will cause the City to make up the revenue from other sources or cut services. Since the City is now under a local . tax levy limitation, it becomes critical to find revenue sources, outside of property taxes, to be able to continue all City services for property owners. 25 � 0 Page 2 Gontribution To The Minnesota Municipal Beverage Association To Assist In Defeating Wine in Grocery Stores If this bill were to pass, we potentially could see strong beer added to the grocery product line causing even more headaches for enforcement agencies controlling alcohol. We have been approached, as a member of the Minnesota Municipal Beverage Association (MMBA), to assist in educating Minnesota citizens as to what the problems are associated with adding wine to the product line of grocery stores. The MMBA has asked each of its members to aid in opposing this effort by contributing an amount based on their gross sales. We have been asked to contribute $5,000. Most of the metropolitan communities that have off-sale liquor stores have already provided their respective allocation to this effort. Staff is recommending that Council approve a motion to provide $5,000 to MMBA, from the Liquor Fund, to provide assistance in an educational effort against the proposed wine in grocery stores bill. RDP/me 26 ' �= - $ OFPICERS PRESIOENT Mike Larson St Mthony Y�Iiage VICE PRESIDENT Bob Leslie Brandan SECRETARY/ TREASURER Sa�y �arso� Hertnan DIRECTORS DIfiECTOR-AT-LARGE scoa ols«, Park Rapids DIRECTOR-AT-LARGE Neil Weyne� Hutchinson DISTRICT t Mary Ehler Spriny Grove DISTRICT 2 . Ron Radlte Tracy DISTRICT 3 Sally l.arson Hertnan DISTRICT 4 Dan 8ahr Bemidji DISTRICT 5 Tom Bymes Silve� Bay OISTRICT 6 Steve Grausam Edina Mike Larson St Anthony Yllage 9renda U�snovec lakev8le DISTRICT 7 Bob Leslie Brandon Paul Kaspszak EXECUIIVB Difef.KOf Tom Ryman ' Financial Se<xetary Box 32966 Minneapolis, MN 55432 �sa-s�s�rz 1-800-848-4912 Ext 3925 Fa�c 763-572-8163 . www rtwroapalbev.com f �. 3 ��,� �t �, C'.. qs - _ � -�.. �: .�� , - �f:;: . _ S, y'�p �c: ' I �� _ A�t�j* ', . .� �...�.� _ .� . . . s;..a. - 3'• `<"aa.. '��% • • ~ :� � s. �r 't`..: . 3 M�inesota �Munlcipal�Be� _ , � ��:� ' .: �`��_� -�� ''TS�'�-� ;: INCORPQRAT,ED — - - a• `�'Y� �� r An organizatio� composed of the $„�a�'.+tr�- � _ . �� rt ' r^':,. I dispensaries ot Minnesota _ Y'_'` �e ' . .. . . , � - Z.—... " Position Aqainst Ailowinq Grocerv (General Foodl �__ Stores To Sell Wine BACKGROUND In Minnesota, wine intended for consumption off the licensed premises (off-sale) may only be sold by an ExGusive Liquor Store. The proposal would allow wine to be sold in grocery stores. POSITION MMBA is opposed to this legislation due to its negative affect on preveMing drunk driving and underage alcohol sales and consumption. In addition this legislation would have a significantly detrimental economic impad on current off-sale retailers. REASONS 1) This legislation would sign�cantly increase the number of off-sale establishments allowed to sell wine (alcohol) — a controlled substance. This increase would put a large economic and personnel burden on regulatory bodies. 2) These establishments would be allowed to sell all types of wine products induding wine coolers, fortified v+rine, sweet 'pop' wine and jug wine — products most strongly desired by underage individuals. 3) The minimum age to purchase alcohol in Minnesota is 21 years old. The majority of current off-sale retailers do not allow persons under 21 to enter their faality to purchase anv items, unless accompanied by an adult. Common industry practice allows individuals under 21 years of age to enter and purchase products in a grocery store including cigar�ttes and lottery tickets. This customer base would make it � difficult to ensure consistent legal sale of beverage alcohol. 4) The economic impad to current off-sale retailers would be devastating. Current ofF sale retailers are statutorily limited to the types of items they can sell. Grocery sfores are not limited and will be able to simply utilize wine as a new and significant profd center to complement their existing inventory. Cutrent off-sale retailers will not be able to compete. , 4 5) This legislation opens the door for the elimination of 3.2% beer in Minnesota. (3.2 beer contains not less than one-half of one percent alcohol by volume nor more than 3.2 percent alcohol by weight). _ _ . ' � _ . . _ a��r v'; :� � . Minnesota law allows grocery stores, gas stations, convenience stores and wherever bee� is sold to sell 3.2 beer. Due to the same regulatory issues conceming reyyulation of alcohol and wine, "Strong" Beer (over 3.2°k) can only be sold in exclusive liquor stores. � If wine can be sold in grocery stores, there will be little to preverrt fhem from eventually selling strong beer. Since beer accounts fo� appro�dmately 6096 of'off-sale revenue, most, if not all, small and medium sized off-sale retail operations would.be forced out of business and the alcohol retail distribution system in Minnesota would - be dramatically altered forever. .y' � 1 �� . '- �, .�*'�'s- a . �--: . �,.. . . '.�• Y � y � �� "... ' ��:�� ,:��." � � ... � � � � ' a `�,� <;: s S p f �, ' w , ,�,+� � Y ,. � - •- MIKE LARSON ° (President - District � S.A.V.Liquor Warehouse 3802 Silver Lake Road St Anthony, MN 55421 Store: (612) 788-1184 BOB LFSLIE (Vice Presiden� - District � Brandon Liquor P.O. Box 137 Brandon, MN 56315 Store: (320) 524-2247 SALLY LARSON (Sec'y/Treas. - District 3) Herman Liquor P.O. Box 171 Herman, MN 56248 ' Store: (320) 677-2.345 NEIL WEGNER (Director-At-Large) Liquor Hutch 245 Washington Ave. East Hutchinson, MN 56350 Store:(320) 587-2762 SCOTT OLSON (Director-At-Large) Rapids Spirits 1102 East First Street Park Rapids, MN 56470 Store: (218) 732-0998 k [��„F�; ..,.�� gw� g .' . ... �.a,�; �st•y,�r'",,,�, . . ...:.:�C•.... �'� � ^ .�- - , �� (763�_'S72-0222 X� �-� . � .'�� '� �. . . 4-��f ... __.. _ _ .-j,r � _ . . - �or _ �q : ...._ � ..- � � � _ . ... .. `:, . - , .. �; __ �800� 848-4912 Ext. 3925 f ` Fax: �763) 572-8163 .`:��> �.., �.�: � ..� ,:��: �',_ � �C� : 3 V. y�'.:�... S � � � � �°+�.'��-�i ` �1` f 1'"aT -P ,: i�,�__ �.�. _ ,. . , s�f ` .._ �� - MARY EHLER (DistrIct 1) The Comer Spring Grove, MN 55974 Store: (507) 498-3931 RON RADKE (District 2) Tracy Liquor 336 South Street - Tracy, MN 56175 Store: (507) 629-9909 DAN BAHR (District 4) Bemidji Discount Liquor 460 Paul Bunyan Drive NW Bemidji, MN 56601 Store:(218)751-8868 TOM BYRNES (District 5) Silver Bay Liquor Silver Bay, MN 55614 Store:(218)226-3106 STEVE GRAUSAM (District 6) Edina Liquor .. 6755 York Avenue South Edina, Mn 55435 � Store: (952) 928-0556 ' ` BRENDA VISNOVEC (District 6) Lakeville Liquor 20195 Holyoke Avenue Lakeville, MN 55044-8339 Store: (952) 985-4912 _ 3F l �~ - ��. �: � � j� �� i,' <<.� ; � � �° � � �� >� o % ., � �z� :" .,�:�,. � ..m . � �: ;;-- '�� .; -: - ..�� ; � =:�, _:�: . -_��:'� Y fi � ,. . � f y� ,��= 1v11V1Dt`1 �nesota Municipal Beverage Association u��"�+t INCORPORATED �� %FFICEAS 'AESIDENT Mike Larson St. Anthony Yllaye ICE PRESIDENT Bob Leslie aranaoo 'cCFiETARY/ �aEASUREfi salry larson Hertnan , IRECTORS :IRECTOR-AT-LARGE Scott Olson Park Rapids IRECTOR-AT-LARGE Neil Wegner Hutchinson ISTAICT 1 Mary Ehler Spring Grove �STR�CT 2 Ron Radke Tracy �S7RICT 3 Saliy larson Hertnan iSTRICT 4 Oan Bahr 3emidji ISTRICT 5 Tom Bymes Silver Bay �STRICT 6 Steve Grausam Edine Mike Larson St. Mthomr �Ilage Brenda Ysnovec �akeville �sTaicr � Bob Leslie Brandon 'aui Kaspszak :xecutive Director om Ryman inar�cial Secretary Box 32966 Minneapolis, MN 55432 763-572-0222 ' -800-848-4912 Ext. 3925 Fax: 763-572-8163 www muniapalbev.com An o�ganizatlon composed of the municipaily-operated dispensaries oi Minnesota Wine in Gzocerv....Beer in Grocery.,.Liquor in GrocerX As you know, the Minnesota Grocers Association (Grocers) has launched a massive campaign to convince the general public and legislators that wins should be sold in grocery stores. While the current proposal would only allow wine to be sold in metro grocery stores... ...there is a stronglikelihood the legi�lat�'on will be modified to include areas outside the metro and allow sales of strong beer!!!! In addit�'on, pour citp, even though it has a municipal beverage facility, will not be able to denp a grocerp store from selling this tppe of alcohol!!! To date, it has been projected that the Grocer's have invested hundreds of thousands of dollars on this issue. To defeat this initiative, MMBA is working with organizafions ir��tie a*�d o�s+�:de the be�rera�e ir.dustry. MMBA and its allies currently plan to spend between $147,000 -$400,000 on: Focus Groups, Research, Strategizing, Information Development and Distribution, Media, On-Site Promotions and More! Over the past month, MMBA had extensive discussions with members, exploring ways for the organization to raise revenue and financially participate in the above activities. As a result, the MMBA boartl of directors has authorized the following member dues assessment plan: � 1) Similar to the annual dues procedure, member allocation amounts for this dues assessment are based on total annual sales, as listed in the latest (1998) State Auditor's report: Sales $6,000,000 and above $4,500,000 - $5,999,999 $3,000,000 - $4,499,999 $1,500,000 - $2,999,999 $1,000,000 - $1,499,999 $750,000 - $999,999 $500,000 - $749,999 $250,000 - $499,999 $0 - $249,999 Allocation _ $10,000 _ $7,500 _ $5,000 _ $2,500 _ $1,250 _ $625 _ $315 _ $160 _ $100 2) Recognizing that circumstances are clifferent in various cities, members have the option to pay more or less than the requested amount. In addition, payment amounts can be spread over time and / or incorporated into your annual dues payment. Please contact the MMBA office to make arrangements. 3) Funds raised in this effort will only be used for wine (beer, liquor) in grocery relat�d projects. They will not be used for other indust'r�y issues or political contributions. 4) Funds will be placed in a separate MMBA bank account and only the MMBA board of directors or a duly appointed MMBA legislative committee is authorized to distribute the money. if passed, fhe G:ocer's proposal will dramatically chaage the way alcohol is sold in Minnesota. Yonr city wonld lose it's ability to control alcohol distribution, impoYtant revennes would be decreased or elimiaated and pou could lose yonr job!!! If you have any questions please call Paul at the MMBA office or an MMBA board member. The telephone numbers can be found in the enclosed sheet. Your participation is strongly needed!!!! Than,k you in advance for your support!! 30 � � CRY OF FRIDLEY AGENDA ITEM COUNCIL MEETING OF FEBRUARY 26, 2001 Name Position APPOINTMENT Starting Salary Scott Director of $75,648.24 Hickok Community Dev. per year Exempt 31 Starting Date Feb. 26, 2001 Replaces Barbara Dacy � � � CITY OF FRIDLEY 0 AGENDA ITEM COUNCIL MEETING OF FEBRUARY 26, 2001 CLA1 MS 980A,3 - 98327 32 �� AGENDA ITEM City Council Meeting Of Monday, February 26, 2001 , Excavatiny Stocker Excavating Co inc 8247 W 125 St Donald Stocker Savage MN 55378- Gas Services Bonfe's Plumbing & Heating Service Inc 505 Randolph Ave Walter Bonfe St Paul MN 55102- Doody Mechanical Inc/United Sheet Metal 520 Front Ave James Doody St Paul MN 55117- Larson Plumbing 3095 162 Ln NW James Larson Andover MN 55304- General Contractor-Commercial Mobile Maintenance Inc 505 Fairmont St Stephen Witzel Fridley MN 55432- United Roofing 13436 Hanson Blvd Eric Jeanotte Andover MN 55304- General Contractor-Residential 33 Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official � . � Abc Seamless of Newport (1780) 355 21 St David DuBois Newport MN 55055- Volk & Sons Construction Inc (2062) 489 Halsey Ave SE Gene Volk Buffalo MN 55313- Heatin9 Bonfe's Plumbing & Heating Service inc 505 Randolph Ave Walter Bonfe St Paul MN 55102- Doody Mechanical Inc/United Sheet Metal 520 Front Ave James Doody St Paul MN 55117- Larson Plumbing Co 3095 162 Ln NW Andover MN 55304- James Larson Plumbina Backdahl � Olson Plumbing � Heating Co 3157 Chicago Ave S -- - Rich Olson Minneapolis MN 55407- Doody Mechanical Inc/United Sheet Metal 520 Front Ave James Doody St Paul MN 55117- S & S Plumbing � Heating 8374 Windbreak Trl N Eric Swanson Lake Elmo MN 55042- 34 State of MN State of MN Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski B�ailding Official State of MN State of MN State of MN Ted's Plumbing 927 290 St Theodore Bergum State of MN Glenwood City WI 54013- 35 � � 0 0 . = AGENDA ITEM CITY COUNCIL MEETING OF F�O� FEBRUARY 26, 2001 ESTIMATES Government & Enterprise Services 5501 Humboldt Avenue North Brooklyn Center, MN 55430 Services Rendered to Procure Prioritization and Funding for Highway 65 Improvements between I-694 and 63`d Avenue N.E. (Months of January and February, 2001) ................................................................ $6,000.00 Shakopee Valley Printing 5101 Valley Industrial Boulevard Shakopee, MN 55379 Preparation and Mailing of February, 2001, Issue of the Fridley Newsletter ............................................................................... $ 2,337.12 Carl J. Newquist, Esq. Newquest & Ekstnim, Chartered 301 Fridley Plaza Office Building ° 6401 University Avenue N.E. Fridley, MN 55432-4381 Services Rendered as City Prosecuting Attorney for the Month of November, 2000 .......................................................................... $17,268.00 36 I i GTY OF FRIDLEY TO: FROM: DATE: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 26, 2001 William W. Burns, City Manager `` � Dave Sallman, Director of Public Safety February 22, 2001 Walgreen's Tobacco License Attached is a letter that was sent via certified mail to the store manager of Walgreen Drug Store on February 9, 2001. We conducted tobacco compliance checks on Walgreen's on February 5, 2000, November 25, 2000, and most recently on February 4, 2001. In addition to those dates, a compliance check was conducted on September 22, 1999. On each occasion, the employee of Walgreen's sold tobacco products to a person under the age of 18. Chapter 12 of the City Code provides that the City may revoke (permanently) the tobacco license of any licensee that has violated this provision three times within a twelve-month period. I have spoken with City Attorney Fritz Knaak, and his advice was to place the license revocation on the agenda of a regular City Council meeting for consideration and action. -- It is staff's recommendation that the tobacco license for Walgreen's be revoked (or not approved) for the licensing period beginning April 1, 2001, for a period of one year. Our procedure for the compliance checks is to hire a person under the age of 18 to go into the licensee's place of business and attempt to purchase tobacco products. The juvenile is under the supervision of a licensed police officer. If the licensee or their employee asks for identification, the juvenile informs them that they have no identification in their possession or the juvenile provides a license identifying them as being underage (their actual ID). If the employee sells tobacco products to the juvenile, the officer brings it to the attention of the employee and any management present. Since the ordinance provides for increasing penalties for the number of consecutive violations within a twelve-month period, those licensees who fail are given additional opportunities to fail (or pass) within the twelve-month period. Due to an oversight, we failed to perform the compliance checks within the twelve-month period from September 22, 1999. 37 Walgreen's Tobacco License February 26, 2001 Page 2 We have never had a licensee fail 3 consecutive compliance checks (much less 4) prior to Walgreen's. On each occasion a letter (attached) was sent to the store manager explaining the ordinance and the consequence of noncompliance. Staff recommends revocation of Walgreen's tobacco license for a period of one year. c: Richard Pribyl, Finance Director : � _ CITY OF FRIDLEY POLICE David H. Sallman Public Safety Director FRIDLEY POLICE DEPAR'T�IENT • 6431 UNIVERSTTY AVE. N.E. FRIDLEY, MN 55432 •(763) 572-3629 • FAX (763) 572-3651 February 9, 2001 David Caroon-Store Manager Walgreen's Drug Store 6525 University Ave. NE Fridley, MN 55432 Dear Mr. Caroon, Fridley City Ordinance Chapter 12, which is titled "Tobacco Products" and provides for civil penalties against the licensee if an employee is found to have sold tobacco products to a person under the age of 18. I have enclosed a copy of Chapter 12 of the City Code. Employees of Walgreen's sold tobacco products to a person under the age of 18 on February 5, 2000; November 25, 2000 and on February 4, 2001. Chapter 12.09 (B) states inat the City may revoke (permanently) the tobacco license of any licensee following the third violation within a twelve month period. The Fridley City Cauncil will consider revocation of the _ Walgreen's Drug Store during the regular Council Meetmg 2001 at 7:30 PM. Please contact City Attorney Fritz Knaak (763-572-3625) if you have any questions regarding this matter. Si cerely, .�.-d/, . David H. Sallman Public Safety Director City of Fridley 39 tobacco license for the on Monday, February 26, (651-490-9078) or myself - _ C[TY OF F'RIDLEY FRIDLEY ��-iliNICIPAL CENTER • 6�31 UVIVERSITY AVE. I�1.E. FRIDLEY, MN 55-132 •(6l2) 571-3�150 • FAX (612) 571-1287 December 19, 2000 Walgreens Store Mana;er 6527 Universiry Avenue �,"E Fridley, tiN 55�32 Dear Store 1�fanager, This letter is to notify you of a$1000 penalty that must be paid to the City of Fridley within 20 days from receipt of this letter. On November 25, and December 9, 2000, the Fridley Police conducted tobacco compliance checks on all of the businesses holding a tobacco license. Of the 37 compliance checks, 6 businesses sold tobacco products to minors. Your business is one of those businesses that sold a tobacco product to a minor. Your business also sold tobacco products to minors on February 5, 2000, making this your second violation within 12 months. I am enclosin� a complete copy of the tobacco ordinance for your information. Section 12.09, subd. (b) of the Ordinance regulates the penalties for licensees who sell tobacco products to minors: If cz licensee or an en:ployee of a licensee is foz�nd to have sold tobacco to a person under the age of 18 years, the licensee shall be subject to an administrative penalty as follows: First Violation. The penalty for the first violation is $500. If the fine is not paid within 20 days the City may sz�spend the licensee to sell tobacco products for a period not to exceed 10 days. Second violation within 1? months. The penalty for the second violation is �1000. If the fine is not paid withim20 days the city may suspend the license to sell tobacco products for a period not to e.YCeed 30 days. Third violation within 12 months. The City may permanently revoke the tobacco license. If you should decide not to pay the penalty, the City may suspend your licensee to sell tobacco products. You should also be aware there is an appeal process and that process is outlined in Secrion 12.08 of the ordinance. Unless you plan to appeal the penalty please send a check for $1000 to the City of Fridley within the 20 day ' period. Also, be aware that if your business sells tobacco products to a minor a third time within a year, the City may�ermanentiv revoke your tobacco license. If you have any questions please call me at 572- 3632. Siac rely, '�, i \ � . Ga Le eierr�~ � Deputy Pu �ic Safety Director City of Fridley . � F'RIDLEY �iliNIC[PAL CENTER • 6�131 Store Manager Walgreens 6527 University Avenue NE Fridley, MN 55432 Dear Store Manager, � �� ` � :�� ✓ � � � �� UiY 'lr��-- `� � �' � OF �,� � � FRIDLEY � �� ,. UNIVERSITYAVE. IY.E. FRIDLEY, NIN S�d32 •(612) 571-3450 • FAX (61.. i-1287 . February 8, 2000 This letter is to notify you of a$1000 penalty that must be paid to the City of Fridley within 20 days from receipt of this letter. On February 5, 2000, the Fridley Police conducted tobacco compliance checks on the businesses which failed a tobacco compliance check in 1999. Of the 15 businesses that were.checked, 3 businesses sold tobacco products to minors. Your business is one of those businesses that sold a tobacco product to a minor. Your business also sold tobacco products to minors on September 22, 1999 making this your second violation within 12 months. I am enclosing a complete copy of the tobacco ordinance for your information. Section 12.09, subd. (b) of the Ordinance regulates the penalties for licensees who sell tobacco products to minors: If a licensee or an employee of a licensee is found to have sold tobacco to a person under the age of 18 years, the licensee shall be subject to an administrative penalty as follows: First violation. The penalty for the first violation is SSDO. If the fine is not paid within 20 days the City may suspend the licensee to sell tobacco products for a period not to exceed 10 days. Second violation within ll months. The penalry for the second vio[ation is SI000. If the fne is not paid within 20 days the ciry may suspend the license to sell tobacco products for a period not to exceed 30 days. Third violation within 12 months. The City may permanently revoke the tobacco license. If you should decide not to pay the penalty, the City may suspend your licensee to sell tobacco products. You should also be aware there is an appeal process and that process is outlined in Section 12.08 of the ordinance. Unless you plan to appeal the penalty please send a check for $1000 to the City of Fridley within the 20 day period. Also, be aware that if your business sells tobacco products to a minor a third time within a year, the City may�ermanently revoke your tobacco license. If you have any questions please call me at 572- 3632. • S,incerely, � ,, • . Gary Len v eier � Deputy P blic Safety Director City of Fridley 41 _ _ C1TY OF FRIDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. IY.E. FRIDLEY, MN 55432 •(612) 571-3450 • FAX (612) 571-1287 September 24, 1999 Store Manager Walgreens 6527 University Avenue NE Fridley, MN 55432 Dear , Store Manager This letter is to notify you of a$500 penalty that must be paid to the City of Fridley within 20 days from receipt of this letter. On September 22, 1999, the Fridley Police conducted tobacco compliance checks on the businesses in Fridley which sell tobacco products. Of the 36 businesses checked, 9 businesses sold tobacco products to minors. Your business is one of those businesses that sold a tobacco product to a minor. I am enclosing a complete copy of the tobacco ordinance for your information. Section 12.09, subd. (b) of the Ordinance regulates the penalries for licensees who sell tobacco products to minors: If a licensee or an employee of a licensee is found to have sold tobacco to a person under the age of 18 years, the licensee shall be subject to an administrative penalty as follows: First Violation. The penalty for the first violation is $500. If the fine is not paid within 20 days the Ciry may suspend the licensee to sell tobacco products for a period not to exceed 10 days. Second violation within 12 months. The penalty for the second violation is $1000. If the - fine is not paid within 20 days the ciry may suspend the license to sell tobacco products for a p�riod not to exceed 30 days. Third violation within 12 months. The City may permanently revoke the tobacco license. If you should decide not to pay the penalty, the City may suspend your licensee to sell tobacco products. You should also be aware there is an appeal process and that process is outlined in Section 12.08 of the ordinance. Unless you plan to appeal the penalty please send a check for $500 to the City of Fridley within the 20 day period. If you have any questions please call me at 572-3632. Sincerely, � . � , � f'` Gary Le eier Deputy Pub 'c Safety Director City of Fridl 42 = AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 26, 2001 CffY OF FRIDLEY Date: 2/20/01 To: William Burns, City Manager �� From: Scott Hickok, Acting Community Development Director Paul Bolin, Planner RE: Public Hearing for a rezoning of the "Gateway EasY' property. M-01-13 INTRODUCTION Gateway East Redevelopment, LLC is seeking to rezone property, generally located at 57`h Avenue & University Avenue, to S-2, Redevelopment District in order to accommodate the development of 28 finro bedroom townhome units. The property referred to as "Gateway EasY' is comprised of properties formerly used as a pawn shop, an automotive repair shop, a duplex, & two vacant lots. PLANNING COMMISSION RECOMMENDATION At the February 7, 2001 Planning Commission meeting, a public hearing was held on the rezoning of the Gateway East property. After review of the proposed project, a motion was made to recommend approval of the rezoning. The motion carried unanimously. PLANNING STAFF RECOMMENDATION City staff recommends that the City Council hold a public hearing for the rezoning of the Gateway East property, from a mix of R-2 & C-2, to S-2 Redevelopment District. 43 City of Fridley Land Use Application SAV #01-01, ZOA #01-01, PS #01-01 February 7, 2001 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Gateway East Redevelopment, LLC 325 Cedar St., Suite 400 St. Paul, MN 55101 Requested Actions: • Vacate a portion of 57`h Place NE & a portion of University Service Road. • Rezone properiy from R-2 & C-2 to S-2. • Replat property to accommodate 28 unit townhome development. Existing Zoning: Mix of R-2, Two Family Residential, and C-2, General business. Size of Property: 117,425 square feet 2.89 acres Existing Land Use: Vacant. Surrounding Land Use & Zoning: N: Comm. & Res., C-2 & R-2 E: Residential, R-2 S: Comm. & Res., C-2 & R-3 W: Universitv Avenue, S-1 Comprehensive Plan Conformance: Use of property is consistent with Plan. Legal Descriprion of Property: See Attached existing description. Council Action: February 26, 2001 Public Utilities: Available near site. Transportation: Property will be accessed via the new alignment of 4`'' St. & 57 'h Avenue. Physical Characteristics: Lot is relatively flat, currently vacant. . . SUMMARY OF REQUEST Gateway East Redevelopment, LLC is seeking to vacate portions of the University Service Road and 57`h Place; rezone property to S-2, Redevelopment District; and to replat the property, generally located at 57`h Avenue & University Avenue, in order to accommodate the development of 28 townhome units. SUMMARY OF ANALYSIS Staff recommends approval of all three requests. Ciry Staff recommends approval of the street & utility vacation request. • New street alignments are needed to make this development function properly Neighborhood supports proposed street layout City Staff recommends approval of xhe rezoning of the property to S-2, Redevelopment District. • Rezoning of property is necessary to provide desired density on this site Ciry Staff recommends approval of the - pre[iminary plat request. • Proposed plat will combine the five properties in the project area into one property Staff Report Prepared by: Paul Bolin Gatewav East Redevelopment - SAV #01-01 ZOA #01-01, PS #01-01 The Request Gateway East Redevelopment, LLC is seeking to vacate portions of the University Service Road and 57�h Place; rezone property to S-2, Redevelopment District; and to replat the property, generally located at 57`h Avenue & University Avenue, in order to accommodate the development of 28 two bedroom townhome units. The property referred to as "Gateway EasY' is comprised of properties formerly used as a pawn shop, an automotive repair shop, a duplex, & two vacant lots. The "Gateway East" property is outlined in the aerial photograph shown below. These three requests require separate actions by the Planning Commission. Information in this staff report will be presented relevant to all three requests, but staff recommendations will be made for each individual request. Historical Timeline The following timeline has been constructed to provide the background on how the "Gateway East" project developed and to demonstrate the amount of planning and neighborhood input that went into this project. 45 Aug. 1987 Holiday Station Stores closes operations at 5807 University Avenue, but retains ownership of building and site. Building remains vacant. Nov. 1988 City receives development proposal from Winfield Development for commercial redevelopment of NE quadrant of 57ih and University Avenue. Project does not proceed, in part because of costs related to purchase of Valvoline Instant Oil Change facility. 1993 Holiday leases building at 5807 University Avenue to Cash 'n' Pawn. Jun. 1998 Owner of JR's Automotive at 5755 University Avenue, indicates desire to close business and approaches HRA with offer to sell. HRA acquires building and evaluates redevelopment options for area, including possible acquisition of adjoining properties. Jul. 1998 HRA hires Hoisington Koegler Group to develop concept plans for redevelopment of NE quadrant of 57t'' and University Avenue, exclusive of the Valvoline Instant Oil Change site. That site is considered too expensive to purchase based on previous discussions. Residential development (e.g. town homes) becomes vision for area. Apr. 1999 HRA signs purchase agreement with Holiday Co. to acquire 5807 University Ave. Aug. 1999 HRA initiates offers to purchase duplex at 349-353 57`h Place, a vacant lot , next to JR's Automotive and a vacant lot at the corner of 4t'' St. and 57'n Avenue. Negotiations are successful on duplex, HRA initiates condemnation proceedings on remaining parcels. Nov. 1999 Dec. 1999 Jan. 2000 HRA closes on purchase of Holiday site. HRA closes on duplex site. Condemnation proceedings completed on two vacant lots. HRA completes site assembly. Mar. 2000 Staff conducts neighborhood meeting to receive input on project and concept plans. Three options are presented at meeting for re-aligning streets in project area. Residents in attendance favor plan to close off access to neighborhood . � Street alignment favored by neighborhood — to be constructed. May 2000 HRA solicits proposals from approximately 20 private developers. Uses neighborhood input to identify desired site plan for developer. June 2000 HRA receives two proposals for project. July 2000 Real Estate Equities (St. Paul) - Proposes to build 28 town homes. Owner- occupied units, priced between $126,000 to $142,000. Hokanson Devetopment (Lino Lakes) - Proposes to build 40 town homes. Owner-occupied units priced between $99,000 and $128,000. Demolition proceeds on Cash n Pawn, JR's Automotive, and duplex. Cash-n-Pawn site during demolition Aug. 2000 HRA selects Real Estate Equities' proposal. � oct. Z000 Dec. 2000 Jan. 2001 Feb. 2001 Mar. 2001 Mar. 2001 Apr. 2001 May 2001 Jun. 2001 Dec. 2002 HRA authorizes business terms for a Contract for Private Redevelopment with Real Estate Equities. City holds public hearing regarding creation of Tax Incremer�t Financing District. HRA approves Contract for Private Redevelopment with Gateway East Redevelopment LLC (owned by Real Estate Equities). City and HRA approve Gateway East TIF District. Developer prepares final plans, land use applications, holds neighborhood meeting, and conducts additional environmental testing. Land use approval process (If approved) Developer to apply for building permits. HRA and developer to close on property. Developer to begin site work and remediation (if necessary). Developer to begin construction of town homes. Deadline for project completion. HRA's Vision for Gatewav East The Housing & Redevelopment Authority's (HRA) goal for Gateway East is to convert this former commercial area into a viable residential development. This owner occupied townhome development is situated to take advantage of it's close proximity to I-694, bus routes, shopping opportunities and nearby schools. Street Aliqnment & Site Plan Confiquration Prior to sending out a Request for Proposals to developers, the City staff & the HRA examined ways to reconfigure the roadways through this site to maximize development opportunities. Three site plans containing different roadway configurations were developed. The City then reviewed the proposed layouts with the neighborhood adjoining "Gateway EasY'. The neighbors chose the road layout now being proposed by the petitioner. This option does require the City vacate portions of existing street and utility right-of-way and that the petitioner dedicate the needed right-of-way through the plat process. The proposed street configuration is on sheet C4 of the attached plans. It should be noted that this layout will eliminate Valvoline's access to the existing University Service Drive, but that staff has met with Valvoline to discuss options for modifying their site. . ; A zoning designation of S-2 gives the City greater flexibility in determining setbacks for a given project. This flexibility is needed in this case due to street alignments, right-of-way needs, utility locations, and proximity to adjacent land uses. With this sight plan, where front yard setbacks range from 19.5' to 35', the developer is trying to establish "residentiaf characte�" by providing some amount of separation between the streets and adjacent land uses. The 35' front yard setbacks, typical in the surrounding residential area, is used on the 6 buildings fronting on public streets. The reduced front yard setbacks are found on the 2 buildings which front on private streets. Staff Recommendations Granting of these variances will enable the City's HRA to realize their vision of tuming this site from two run down commercial buildings into new owner occupied housing. City Staff recommends approval of the street and utility vacation request. • New street alignments are needed to maximize development opportunities � Neighborhood supports proposed street layout • Public Works approves of the proposed street layout City Staff recommends approval of the rezoning of the property to S-2, Redevelopment District. • Rezoning of property is necessary to provide desired density on this site • Rezoning gives developer flexibility to develop site in a manner that is able to establish "residential character" City Staff recommends approval of the preliminary plat request. • Proposed plat will combine the five properties in the project area into one property • Proposed plat will dedicate the right-of-way necessary for street layout Stipulations City Staff recommend that the following stipulations be placed upon approval of the plat request. 1. Petitioner shall obtain all necessary permits prior to construction. 2. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any building permits, in order to minimize impacts to the surrounding properties. 3. During construction, silt fencing shall be used where applicable. 4. Petitioner to pay $750 per unit park fees prior to issuance of building permits. 5. Petitioner to pay all water and sewer connection fees. 6. The petitioner shall agree to preserve mature trees to the extent possible. All trees required to be removed for the new homes shall be marked and approved by City staff prior to issuance of building permits. �� ORDINANCE NO. AN 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 hereby amended as hereinafter indicated. Section 2. The tract or area within the County of Anoka and the City of Fridley and described as: ,�A„ Lots 6, 7, and the south 15 feet, front and rear of lot 8, block 4, Bennett-Palmer Addition, Anoka County, Minnesota. Lot 8, Block 4, except the south 15 feet, front and rear thereof; and all of Lot 9, Block 4, Bennett-Palmer Addition Anoka County, Minnesota. «B„ Lots 1 and 2, Block 3, City View, Addition, Anoka County, Minnesota. Lot 3, Block 3, City View Addition, Anoka County, Minnesota. ,�C„ Lots 4,5, and 6, Block 3, City View Addition, Anoka County, Minnesota. «p,. Lots 7 and 8, Block 3, City View Addition, Anoka County, Minnesota. «E„ Lots 5, 6, and 7, Block 6, City View Addition, Anoka County, Minnesota. Is hereby designated to be in the S-2 Redevelopment District. Section 3. That the Zoning Administrator is directed to change the official zoning map to show said tracts or areas to be rezoned from C-2, General Business & R-2, Two Family Units to S-2, Redevelopment District. :�1�� PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 2001. ATTEST: DEBRA A. SKOGEN, CITY CLERK SCOTT J. LUND, MAYOR Public Hearing: February 26, 2001 First Reading: February 26, 2001 Second Reading: Published: 51 ` AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 26, 2001 CffY OF FRIDLEY Date: 2/20/01 � To: William Burns, City Manager � From: Scott Hickok, Acting Community Development Director Paul Bolin, Planner RE: First reading for a rezoning of the "Gateway EasY' property M-01-14 INTRODUCTION Gateway East Redevelopment, LLC is seeking to rezone property, generally located at 57`h Avenue & University Avenue, to S-2, Redevelopment District in order to accommodate the development of 28 two bedroom townhome units. The property referred tQ as "Gateway EasY' is comprised of properties formerly used as a pawn shop, an automotive repair shop, a duplex, & two vacant lots. PLANNING COMMISSION RECOMMENDATION At the February 7, 2001, Planning Commission meeting, a public hearing was held on the rezoning of the Gateway East property: After review of the proposed project, a motion was made to recommend approval of the rezoning. The motion carried ____ unanimously. PLANNING STAFF RECOMMENDATION City staff recommends that the City Council hold the first reading of the ordinance for the rezoning of the Gateway East property, from a mix of R-2 & C-2, to S-2 Redevelopment District. 52 City of Fridley Land Use Application SAV #01-01, ZOA #01-01, PS #01-01 February 7, 2001 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Gateway East Redevelopment, LLC 325 Cedar St., Suite 400 St. Paul, MN 55101 Requested Actions: � Vacate a portion of 57`h Place NE & a portion of University Service Road. � Rezone property from R-2 & G2 to S-2. • Replat property to accommodate 28 unit townhome development. Existing Zoning: Mi�c of R-2, Two Family Residential, and G2, General business. Size of Property: 117,425 square feet 2.89 acres Existing Land Use: Vacant. Surrounding Land Use & Zoning: N: Comm. & Res., C-2 & R-2 E: Residential, R-2 S: Comm. & Res., C-2 & R-3 W: University Avenue, S-1 Comprehensive Plan Conformance: Use of property is consistent with Plan. Legal Description of Properry: See Attached e�sting description. Council Action: February 26, 2001 Public Utilities: Available near site. Transportation: Property will be accessed via the new alignment of 4`h St. & 57 '/z Avenue. Physical Characteristics: Lot is relatively flat, currently vacant. 53 SUMMARY OF REQUEST Gateway East Redevelopment, LLC is seeking to vacate portions of the University Service Road and 57"' Place; rezone property to S-2, Redevelopment District; and to replat the property, generally located at 57`h Avenue & University Avenue, in order to accommodate the development of 28 townhome units. SUMMARY OF ANALYSIS Staff recommends approval of all three requests. City Staff recommends approval of the street & utility vacation request. • New street alignments are needed to make this development function properly Neighborhood supports proposed street layout Ciry Staff recommends•approval of the rezoning of the property to S-2, Redevelopment District. • Rezoning of property is necessary to provide desired densiry on this site City Staff recommends approval of the preliminary plat request. • Proposed plat will combine the five properties in the project area into one property Staff Report Prepared by: Paul Bolin Gatewav East Redevelopment - SAV #01-01, ZOA #01-01, PS #01-01 The Request Gateway East Redevelopment, LLC is seeking to vacate portions of the University Service Road and 57`h Place; rezone property to S-2, Redevelopment District; and to replat the property, generally located at 57`h Avenue & University Avenue, in order to accommodate the development of 28 two bedroom townhome units. The property referred to as "Gateway EasY' is comprised of properties formerly used as a pawn shop, an automotive repair shop, a duplex, & two vacant lots. The "Gateway EasY' property is outlined in the aerial photograph shown below. These three requests require separate actions by the Planning Commission. Information in this staff report will be presented relevant to all three requests, but staff recommendations will be made for each individual request. Historical Timeline The following timeline has been constructed to provide the background on how the "Gateway EasY' project developed and to demonstrate the amount of planning and neighborhood input that went into this project. 54 Aug. 1987 Holiday Station Stores closes operations at 5807 University Avenue, but retains ownership of building and site. Building remains vacant. Nov. 1988 City receives development proposal from Winfield Development for commercial redevelopment of NE quadrant of 57th and University Avenue. Project does not proceed, in part because of costs related to purchase of Valvoline Instant Oil Change facility. 1993 Holiday leases building at 5807 University Avenue to Cash 'n' Pawn. Jun. 1998 Owner of JR's Automotive at 5755 University Avenue, indicates desire to close business and approaches HRA with offer to sell. HRA acquires building and evaluates redevelopment options for area, including possible acquisition of adjoining properties. Jul. 1998 HRA hires Hoisington Koegler Group to develop concept plans for redevelopment of NE quadrant of 57th and University Avenue, exclusive of the Valvoline Instant Oil Change site. That site is considered too expensive to purchase based on previous discussions. Residential development (e.g. town homes) beeomes vision for area. Apr. 1999 HRA signs purchase agreement with Holiday Co. to acquire 5807 University Ave. Aug. 1999 HI�A initiates offers to purchase duplex at 349-353 57th Place, a vacant lot next to JR's Automotive and a vacant lot at the corner of 4"' St. and 57c'' Avenue. Negotiations are successful on duplex, HRA initiates condemnation proceedings on remaining parcels. '►f•I��'�'�'] Dec.1999 Jan. 2000 HRA closes on purchase of Holiday site. HRA closes on duplex site. Condemnation proceedings completed on finro vacant lots. HRA completes site assembly. Mar. 2000 Staff conducts neighborhood meeting to receive input on project and concept plans. Three options are presented at meeting for re-aligning streets in project area. Residents in attendance favor plan to close off access to neighborhood 55 Street alignment favored by neighborhood — to be constructed. May 2000 HRA solicits proposals from approximately 20 private developers. Uses neighborhood input to identify desired site plan for developer. June 2000 HRA receives two proposals for project. July 2000 Real Estate Equities (St. Paul) - Proposes to build 28 town homes. O�rmer- occupied units, priced between $126,000 to $142,000. Hokanson Development (Lino Lakes) - Proposes to build 40 town homes. Owner-occupied units priced between $99,000 and $128,000. Demolition proceeds on Cash n Pawn, JR's Automotive, and duplex. _ _ _ -- Cash-n-Pawn site during demolition Aug. 2000 HRA selects Real Estate Equities' proposal. 56 Oct. 2000 Dec. 2000 Jan. 2001 Feb. 2001 Mar. 2001 Mar. 2001 Apr. 2001 May 2001 Jun. 2001 Dec. 2002 HRA authorizes business terms for a Contract for Private Redevelopment with Real Estate Equities. City holds public hearing regarding creation of Tax Incremer�t Financing District. HRA approves Contract for Private Redevelopment with Gateway East Redevelopment LLC (owned by Real Estate Equities). City and HRA approve Gateway East TIF District. Developer prepares final plans, land use applications, holds neighborhood meeting, and conducts additional environmental testing. Land use approval process (If approved) Developer to apply for building permits. HRA and developer to close on property. Developer to begin site work and remediation (if necessary). Developer to begin construction of town homes. Deadline for project completion. HRA's Vision for Gatewav East The Housing & Redevelopment Authority's (HRA) goal for Gateway East is to convert this former commercial area into a viable residential development. This owner occupied - townhome development is situated to take advantage of it's close proximity to I-694, bus routes, shopping opportunities and nearby schools. Street Aliqnment & Site Plan Confiquration Prior to sending out a Request for Proposals to developers, the City staff & the HRA examined ways to reconfigure the roadways through this site to maximize development opportunities. Three site plans containing different roadway configurations were developed. The City then reviewed the proposed layouts with the neighborhood adjoining "Gateway East". The neighbors chose the road layout now being proposed by the petitioner. This option does require the City vacate portions of existing street and utility right-of-way and that the petitioner dedicate the needed right-of-way through the plat process. The proposed street configuration is on sheet C4 of the attached plans. It should be noted that this layout will eliminate Valvoline's access to the existing University Service Drive, but that staff has met with Valvoline to discuss options for modifying their site. 57 A zoning designation of S-2 gives the City greater flexibility in determining setbacks for a given project. This flexibility is needed in this case due to street alignments, right-of-way needs, utility locations, and proximity to adjacent land uses. With this sight plan, where front yard setbacks range from 19.5' to 35', the developer is trying to establish "residential character" by providing some amount of separation befinreen the streets and adjacent land uses. The 35' front yard setbacks, typical in the surrounding residential area, is used on the 6 buildings fronting on public streets. The reduced front yard setbacks are found on the 2 buildings which front on private streets. Staff Recommendations Granting of these variances will enable the City's HRA to realize their vision of turning this site from two run down commercial buildings into new owner occupied housing. City Staff recommends approval of the street and utility vacafion request. • New street alignments are needed to maximize development opportunities • Neighborhood supports proposed street layout • Public Works approves of the proposed street layout City Staff recommends approval of the rezoning of the property to S-2, Redevelopment District. • Rezoning of property is necessary to provide desired density on this site • Rezoning gives developer flexibility to develop site in a manner that is able to establish "residential character" City Staff recommends approval of the preliminary plat request. • Proposed plat will combine the five properties in the project area into one property • Proposed plat will dedicate the right-of-way necessary for street layout Stipulations City Staff recommend that the following stipulations be placed upon approval of the plat request. - 9. Petitioner shall obtain all necessary permits prior to construction. 2. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any building permits, in order to minimize impacts to the surrounding properties. 3. During construction, silt fencing shall be used where applicable. 4. Petitioner to pay $750 per unit park fees prior to issuance of building permits. 5. Petitioner to pay al! water and sewer connection fees. 6. The petitioner shall agree to preserve mature trees to the extent possib/e. AlI trees required to be removed for the new homes shall be marked and approved by City staff prior to issuance of building permits. : ORDINANCE NO. AN 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 Fridiey is hereby amended as hereinafter indicated. Section 2. The tract or area within the County of Anoka and the City of Fridley and described as: uA„ Lots 6, 7, and the south 15 feet, front and rear of lot 8, block 4, Bennett-Palmer Addition, Anoka County, Minnesota. Lot 8, Block 4,. except the south 15 feet, front and rear thereof; and all of Lot 9, Block 4, Bennett-Palmer Addition Anoka County, Minnesota. �,8�, Lots 1 and 2, Block 3, City View, Addition, Anoka County, Minnesota. Lot 3, Block 3, City View Addition, Anoka County, Minnesota. «C„ Lots 4,5, and 6, Block 3, City View Addition, Anoka County, Minnesota. ,�p„ Lots 7 and 8, Block 3, City View Addition, Anoka County, Minnesota. �.E„ Lots 5, 6, and 7, Block 6, City View Addition, Anoka County, Minnesota. Is hereby designated to be in the S-2 Redevelopment District. Section 3. That the Zoning Administrator is directed to change the official zoning map to show said tracts or areas to be rezoned from C-2, General Business & R-2, Two Family Units to S-2, Redevelopment District. 59 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 2001. ATf EST: DEBRA A. SKOGEN, CITY CLERK SCOTf J. LUND, MAYOR Public Hearing: February 26, 2001 First Reading: February 26, 2001 Second Reading: Published: .1 : AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 21, 2001 CfTY OF FRIDLEY Date: 2/20/01 � / rJ. To: William Burns, City Manager ,,�c� From: Scott Hickok, Acting Community Development Director Paul Bolin, Planner RE: Consideration of a preliminary plat for the Gateway East project. M-01-16 INTRODUCTION Gateway East Redevelopment, LLC is seeking to replat the property, generally located at 57�h Avenue & University Avenue, in order to accommodate the development of 28 two bedroom townhome units. The property referred to as "Gateway EasY' is comprised of properties formerly used as a pawn shop, an automotive repair shop, a dup�ex, & two vacant tots. PLANNING COMMISSION RECOMMENDATION At the February 7, 2001, Planning Commission meeting, a public hearing was held on the preliminary plat request for the Gateway East property. After review of the proposed project, a motion was made to recommend approval of the preliminary plat request with stipulations. The motion carried unanimously. P�ANNING STAFF RECOMMENDATION City staff recommends that the City Council concur with the Planning Commission and approve the preliminary plat with stipulations. STIPULATIONS 1. Petitioner shall obfain all necessary permits prior to construction. 2. Grading and drainage plan to be approved by Cify's engineering staff prior to fhe issuance of any building permits, in order to minimize impacts to the surrounding properties. 3. During consfrucfion, silt fencing shall be used where applicable. 4. Petifioner to pay $750 per unit park fees prior to issuance of building permits. 5. Petifioner to pay all water and sewer connecfion fees. 6. The petifioner shall agree to preserve mature frees to fhe extent possib/e. AlI trees required to be removed for the new homes shall be marked and approved by City sfaff prior to issuance of building permits. 61 City of Fridley Land Use Application SAV #01-01, ZOA #01-01, PS #01-01 February 7, 2001 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Gateway East Redevelopment, LLC 325 Cedar St., Suite 400 St. Paul, MN 55101 Requested Actions: • Vacate a portion of 57`h Place NE & a portion of University Service Road. • Rezone property from R-2 & C-2 to S-2. • Replat property to accommodate 28 unit townhome development. Existing Zoning: Mix of R-2, Two Family Residenrial, and G2, General business. Size of Property: 117,425 square feet 2.89 acres Existing Land Use: Vacant. Surrounding Land Use & Zoning: N: Comm. & Res., C-2 & R-2 E: Residential, R-2 S: Comm. & Res., C-2 & R-3 W: University Avenue, S-1 Comprehensive Plan Conformance: Use of property is consistent with Plan. Legal Description of Properly: See Attached existing description. Council Action: February 26, 2001 Public Utilities: Available near site. Transportation: Property will be accessed via the new alignment of 4`h St. & 57 %2 Avenue. Physical Characteristics: _ Lot is relatively flat, cuirently vacant. l'�' SUMMARY OF REQUEST Gateway East Redevelopment, LLC is seeking to vacate portions of the University Service Road and 57`h Place; rezone property to S-2, Redevelopment District; and to replat the property, generally located at 57`h Avenue & Univeisity Avenue, in order to accommodate the development of 28 townhome units. SUMMARY OF ANALYSIS Staff recornmends approval of all three requests. City Staff recommends approval of the street & utility vacation request. • New street alignments aze needed to make this development function properly Neighborhood supports proposed street layout City Staff recommends approval of the rezoning of the property to S-2, Redevelopment District. • Rezoning of property is necessary to provide desired density on this site City Staff recommends approva[ of the preliminary plat request. • Proposed plat will combine the five properties in the project azea into one property Staff Report Prepared by: Paul Bolin Gatewav East Redevelopment - SAV #01-01, ZOA #01-01, PS #01-01 The Request Gateway East Redevelopment, LLC is seeking to vacate portions of the University Service Road and 57`h Place; rezone property to S-2, Redevelopment District; and to replat the property, generally located at 57`h Avenue & University Avenue, in order to accommodate the development of 28 two bedroom townhome units. The property referred to as "Gateway EasY' is comprised of properties formerly used as a pawn shop, an automotive repair shop, a duplex, & finro vacant lots. The "Gateway EasY' property is outlined in the aerial photograph shown below. These three requests cequire separate actions by the Planning Commission. Information in this staff report will be presented relevant to all three requests, but staff recommendations will be made for each individual request. Historical Timeline The following timeline has been constructed to provide the background on how the "Gateway East" project developed and to demonstrate the amount of planning and neighborhood input that went into this project. 63 Aug. 1987 Holiday Station Stores closes operations at 5807 University Avenue, but retains ownership of building and site. Building remains vacant. Nov. 1988 City receives development proposal from Winfield Development for commercial redevelopment of NE quadrant of 57th and University Avenue. Project does not proceed, in part because of costs related to purchase of Valvoline Instant Oil Change facility. 1993 Holiday leases building at 5807 University Avenue to Cash 'n' Pawn. Jun. 1998 Owner of JR's Automotive at 5755 University Avenue, indicates desire to close business and approaches HRA with offer to sell. HRA acquires building and evaluates redevelopment options for area, including possible acquisition of adjoining properties. Jul. 1998 HRA hires Hoisington Koegler Group to develop concept plans for redevelopment of NE quadrant of 57"' and University Avenue, exclusive of the Valvoline Instant Oil Change site. That site is considered too expensive to purchase based on previous discussions. Residential development (e.g. town homes) becomes vision for area. Apr. 1999 HRA signs purchase agreement with Holiday Co. to acquire 5807 University Ave. Aug. 1999 HF�A initiates offers to purchase duplex at 349-353 57th Place, a vacant lot next to JR's Automotive and a vacant lot at the corner of 4"' St. and 57tn Avenue. Negotiations are successful on duplex, HRA initiates condemnation proceedings on remaining parcels. Nov. 1999 Dec. 1999 Jan. 2000 HRA closes on purchase of Holiday site. HRA closes on duplex site. Condemnation proceedings completed on two vacant lots. HRA completes site assembly. Mar. 2000 Staff conducts neighborhood meeting to receive input on project and concept plans. Three options are presented at meeting for re-aligning streets in project area. Residents in attendance favor plan to close off access to neighborhood .� Street alignment favored by neighborhood — to be constructed. May 2000 HRA solicits proposals from approximately20 private developers. Uses neighborhood input to identify desired site plan for developer. June 2000 HRA receives two proposals for project. July 2000 Real Estate Equiti�s (St. Paul) - Proposes to bui{d 28 town homes. Owner- occupied units, priced between $126,000 to $142,000. Hokanson Development (Lino Lakes) - Proposes to build 40 town homes. Owner-occupied units priced between $99,000 and $128,000. Demolition proceeds on Cash n Pawn, JR's Automotive, and duplex. Cash-n-Pawn site during demolition Aug. 2000 HRA selects Real Estate Equities' proposal. 65 0 Oct. 2000 Dec. 2000 Jan.2001 Feb. 2001 Mar. 2001 Mar. 2001 Apr. 2001 May 2001 Jun. 2001 Dec. 2002 HRA authorizes business terms for a Contract for Private Redevelopment with Real Estate Equities. City holds public hearing regarding creation of Tax Increment Financing District. HRA approves Contract for Private Redevelopment with Gateway East Redevelopment I.LC (owned by Real Estate Equities). City and HRA approve Gateway East TIF District. Developer prepares final plans, land use applications, holds neighborhood meeting, and conducts additional environmental testing. Land use approval process (If approved) Developer to apply for building permits. HRA and developer to close on property. Developer to begin site work and remediation (if necessary). Developer to begin construction of town homes. Deadline for project completion. HRA's Vision for Gateway East The Housing & Redevelopment Authority's (HRA) goal for Gateway East is to convert this former commercial area into a viable residential development. This owner occupied townhome development is situated to take advantage of it's close proximity to I-694, bus routes, shopping opportunities and nearby schools. Street Aliqnment 8� Site Plan Confiquration Prior to sending out a Request for Proposals to developers, the City staff & the HRA examined ways to reconfigure the roadways through this site to maximize development opportunities. Three site plans containing different roadway configurations were developed. The City then reviewed the proposed layouts with the neighborhood adjoining "Gateway East". The neighbors chose the road layout now being proposed by the petitioner. This option does require the City vacate portions of existing street and utility right-of-way and that the petitioner dedicate the needed right-of-way through the plat process. The proposed street configuration is on sheet C4 of the attached plans. It should be noted that this layout will eliminate Valvoline's access to the existing University Service Drive, but that staff has met with Valvoline to discuss options for modifying their site. .. A zoning designation of S-2 gives the City greater flexibility in determining setbacks for a given project. This flexibility is needed in this case due to street alignments, right-of-way needs, utility locations, and proximity to adjacent land uses. With this sight plan, where front yard setbacks range from 19.5' to 35', the developer is trying to establish "residential characte�" by providing some amount of separation between the streets and adjacent land uses. The 35' front yard setbacks, typical in the surrounding residential area, is used on the 6 buildings fronting on public streets. The reduced front yard setbacks are found on the 2 buildings which front on private streets. Staff Recommendations Granting of these variances will enable the City's HRA to realize their vision of turning this site from two run down commercial buildings into new owner occupied housing. City Staff recommends approval of the street and utility vacation request. • New street alignments are needed to maximize development opportunities • Neighborhood supports proposed street layout • Public Works approves of the proposed street layout City Staff recommends approval of the rezoning of the property to S-2, Redevelopment District. • Rezoning of property is necessary to provide desired density on this site • Rezoning gives developer flexibility to develop site in a manner that is able to establish "residential characte�" City Staff recommends approval of the preliminary plat request. • Proposed plat will combine the five properties in the project area into one property • Proposed plat will dedicate the right-of-way necessary for street layout Stipulations City Staff recommend that the following stipulations be placed upon approval of the plat request. 1. Petitioner shall obtain all necessary permits prior to construction. 2. Grading and drainage p/an to be approved by City's engineering staff prior to the issuance of any building permits, in order fo minimize impacts to the surrounding properties. 3. During construction, silt fencing shall be used where applicable. 4. Petitioner to pay $750 per unit park fees prior to issuance of building permits. 5. Petitioner to pay all water and sewer connection fees. 6. The petitioner shall agree to preserve mature trees to the extent possible. All trees required to be removed for the new homes shal/ be marked and approved by City staff prior to issuance of building permits. 67 � AGENDA ITEM � CITY COUNCIL MEETING OF FEBRUARY 21, 2001 CITY OF FRIDLEY Date: 2/20/01 � � To: William Burns, City Manager,,� From: Scott Hickok, Acting Community Development Director Paul Bolin, Planner RE: Consideration of a resolution for the vacation of streets in the Gateway East project area. M-01-15 INTRODUCTION Gateway East Redevelopment, LLC is seeking to vacate portions of the University Service Road and 57th Place, generally located at 57'h Avenue & University Avenue, in order to accommodate the development of 28 two bedroom townhome units. The property referred to as "Gateway EasY' is comprised of properties formerly used as a pawn shop, an automotive repair shop, a duplex, & two vacant lots. PLANNING COMMISSION RECOMMENDATION At the February 7, 2001 Planning Commission meeting, a public hearing was held on the vacation request for the Gateway East property. After review of the proposed project, a motion was made to recommend approval of the vacation request. The motion carried unanimously. PLANNING STAFF RECOMMENDATION City staff recommends that the City Council concur with the Planning Commission and approve the resolution for the street vacation request. � City of Fridley Land Use Application SAV #01-01, ZOA #01-01, PS #01-01 � February 7, 2001 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Gateway East Redevelopment, LLC 325 Cedar St., Suite 400 St. Paul, MN 55101 Requested Acrions: • Vacate a portion of 57`h Place NE & a portion of University Service Road. • Rezone property from R-2 & C-2 to S-2. • Replat property to accommodate 28 unit townhome development. Exis�ing Zoning: Mix of R-2, Two Fanuly Residential, and C-2, General business. Size of Property: 117,425 square feet 2.89 acres E�cisting Land Use: Vacant. Surrounding Land Use & Zoning: N: Comm. & Res., C-2 & R-2 E: Residentiai, R-2 S: Comm. & Res., C-2 & R-3 W: University Avenue, S-1 Comprehensive Plan Conformance: Use of property is consistent with Plan. Legal Descriprion of Pmperty: See Attached existing description. Council Action: February 26, 2001 Public Utilities: Available near site. Transportarion: Property will be accessed via the new alignment of 4`'' St. & 57 '/z Avenue. Physical Characteristics: Lot is relatively flat, curnntly vacant. • • SUMMARY OF REQUEST Gateway East Redevelopment, LLC is seeking to vacate portions of the University Service Road and 57`h Place; rezone property to S-2, Redevelopment District; and to replat the property, generally located at 57`h Avenue & University Avenue, in order to accommodate the development of 28 townhome units. SUMMARY OF ANALYSIS Staff recommends approval of a11 three requests. City Staff recommends approval of the street & utility vacation request. • New street alignments are needed to make this development function properly Neighborhood supports proposed street layout Ciry Staff recommends approval of the rezoning of the property to S-2, Redevelopment District. • Rezoning of property is necessary to provide desired density on this site City Staff recommends approval of the preliminary plat request. • Proposed plat will combine the five properties in the project area into one property Staff Report Prepared by: Paul Bolin Gatewav East Redevelopment - SAV #01-01, ZOA #01-01 PS #01-01 The Request Gateway East Redevelopment, LLC is seeking to vacate portions of the University Service Road and 57th Place; rezone property to S-2, Redevelopment District; and to replat the property, generally located at 573h Avenue & University Avenue, in order to accommodate the development of 28 two bedroom townhome units. The property referred to as "Gateway East" is comprised of properties formerly used as a pawn shop, an automotive repair shop, a duplex, & two vacant lots. The "Gateway East" property is outlined in the aerial photograph shown below. These three requests require separate actions by the Planning Commission. Information in this staff report will be presented relevant to all three requests, but staff recommendations will be made for each individual request. Historical Timeline The following timeline has been constructed to provide the background on how the "Gateway EasY' project developed and to demonstrate the amount of planning and neighborhood input that went into this project. 7� Aug. 1987 Holiday Station Stores closes operations at 5807 University Avenue, but retains ownership of building and site. Building remains vacant. Nov. 1988 City receives development proposal from Winfield Development for commercial redevelopment of NE quadrant of 57th and University Avenue. Project does not proceed, in part because of costs related to purchase of Valvoline Instant Oil Change facility. 1993 Holiday leases building at 5807 University Avenue to Cash 'n' Pawn. Jun. 1998 Owner of JR's Automotive at 5755 University Avenue, indicates desire to close business and approaches HRA with offer to sell. HRA acquires building and evaluates redevelopment options for area, including possible acquisition of adjoining properties. Jul. 1998 HRA hires Hoisington Koegler Group to develop concept plans for redevelopment of NE quadrant of 57th and University Avenue, exclusive of the Valvoline Instant Oil Change site. That site is considered too expensive to purchase based on previous discussions. Residential development (e.g. town homes) becomes vision for area. Apr. 1999 HRA signs purchase agreement with Holiday Co. to acquire 5807 University Ave. Aug. 1999 HRA initiates offers to purchase duplex at 349-353 57th Place, a vacant lot next to JR's Automotive and a vacant lot at the corner of 4th St. and 57tn Avenue. Negotiations are successful on duplex, HRA initiates condemnation proceedings on remaining parcels. Nov. 1999 HRA closes on purchase of Holiday site. . Dec. 1999 HRA closes on duplex site. Jan. 2000 Condemnation proceedings completed on two vacant lots. HRA completes site assembly. Mar. 2000 Staff conducts neighborhood meeting to receive input on project and concept plans. Three options are presented at meeting for re-aligning streets in project area. Residents in attendance favor plan to close off access to neighborhood 71 Street alignment favored by neighborhood — to be constructed. May 2000 HRA solicits proposals from approximately 20 private developers. Uses neighborhood input to identify desired site plan for developer. June 2000 HRA receives two proposals for project. July 2000 Real EstatE Equities (St. Pau!) - Proposes to build �8 town homes. Owner�• occupied units, priced between $126,000 to $142,000. Hokanson Development (Lino Lakes) - Proposes to build 40 town homes. Owner-occupied units priced between $99,000 and $128,000. Demolition proceeds on Cash n Pawn, JR's Automotive, and duplex. Cash-n-Pawn site during demolition Aug. 2000 HRA selects Real Estate Equities' proposal. � Oct. 2000 Dec. 2000 Jan. 2001 Feb. 2001 Mar. 2001 Mar. 2001 Apr. 2001 May 2001 Jun. 2001 Dec. 2002 HRA authorizes business terms for a Contract for Private Redevetopment with Real Estate Equities. City holds public hearing regarding creation of Tax Incremer�t Financing District. HRA approves Contract for Private Redevelopment with Gateway East Redevelopment LLC (owned by Real Estate Equities). City and HRA approve Gateway East TIF District. Developer prepares final plans, land use applications, holds neighborhood meeting, and conducts additional environmental testing. Land use approval process (If approved) Developer to apply for building permits. HRA and developer to close on property. Developer to begin site work and remediation (if necessary). Developer to begin construction of town homes. Deadline for project completion. HRA's Vision for Gatewav East The Housing & Redevelopment Authority's (HRA) goal for Gateway East is to convert this former commercial area into a viable residential development. This owner occupied townhome development is situated to take advantage of it's close proximity to I-694, bus routes, shopping opportunities and nearby schools. Street Aliqnment � Site Plan Confiquration Prior to sending out a Request for Proposals #o developers, the City staff & the HRA examined ways to reconfigure the roadways through this site to maximize development opportunities. Three site plans containing different roadway configurations were developed. The City then reviewed the proposed layouts with the neighborhood adjoining "Gateway EasY'. The neighbors chose the road layout now being proposed by the petitioner. This option does require the City vacate portions of existing street and utility right-of-way and that the petitioner dedicate the needed right-of-way through the plat process. The proposed street configuration is on sheet C4 of the attached plans. It should be noted that this layout will eliminate Valvoline's access to the existing University Service Drive, but that staff has met with Valvoline to discuss options for modifying their site. 73 A zoning designation of S-2 gives the City greater flexibility in determining setbacks for a given project. This flexibility is needed in this case due to street alignments, right-of-way needs, utility locations, and proximity to adjacent land uses. With this sight plan, where front yard setbacks range from 19.5' to 35', the developer is trying to establish "residential character" by providing some amount of separation between the streets and adjacent land uses. The 35' front yard setbacks, typical in the surrounding residential area, is used on the 6 buildings fronting on public streets. The reduced front yard setbacks are found on the 2 buildings which front on private streets. Staff Recommendations Granting of these variances will enable the City's HRA to realize their vision of tuming this site from two run down commercial buildings into new owner occupied housing. City Staff recommends approval of the street and utility vacation request. • New street alignments are needed to maximize development opportunities • Neighborhood supports proposed street layout • Public Works approves of the proposed street layout City Staff recommends approval of the rezoning of the property to S-2, Redevelopment District. • Rezoning of property is necessary to provide desired density on this site � Rezoning gives developer flexibility to develop site in a manner that is able to establish "residential characte�" City Staff recommends approval of the preliminary plat request. • Proposed plat will combine the five properties in the project area into one property • Proposed plat will dedicate the right-of-way necessary for street layout Stipulations City Staff recommend that the following stipulations be placed upon approval of the plat request. 1. Petitioner shall obtain all necessary permits prior to construction. 2. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any building permits, in order to minimize impacts to the surrounding properties. 3. During construction, silt fencing shal! be used where applicab/e. 4. Petitioner to pay $750 per unit park fees prior to issuance of building permits. 5. Petitioner to pay all water and sewer connection fees. 6. The petitioner shall agree to preserve mature trees to the extent possible. All trees required to be removed for the new homes shall be marked and approved by City staff prior to issuance of building permits. 74 RESOLUTION NO. RESOLUTION TO VACATE PORTIONS OF THE UNIVERSITY SERVICE ROAD AND 57T" PLACE, GENERALLY LOCATED NE OF 57T" AVENUE & UNIVERSITY AVENUE IN ORDER TO ACCOMMODATE THE GATEWAY EAST REDEVELOPMENT PROJECT. WHEREAS, Gateway East Redevelopment, LLC has been selected by the Housing & Redevelopment Authority to redevelop this site; and WHEREAS, Gateway East Redevelopment, LLC has proposed to construct 28 townhome units on this site; and WHEREAS, realignment of the roadways is necessary to accommodate the development; and WHEREAS, neighborhood meetings were held to determine the most favorable street layout fo� this project area; and WHEREAS, code required street and utility easements are dedicated on Preliminary Plat of Gateway East Addition; and WHEREAS, public hearings were held on this matter by the Planning Commission on February 7, 2001 and the City Council on February 26, 2001. NOW, THEREFORE, BE IT RESOLVED that the City of Fridley vacate the following: 1. That portion of 57�' Place, from the south east corner of Lot 8, Block 3, City View Addition, due N 89 degrees 17 feet 48 inches west fifty (50) feet to the point of beginning, thence due south 0 degrees 03 feet 09 inches east 66.01 feet to the southerly right-of- way line of said 57th Place NE on the east; on the north by the northerly right-of-way line of said 57�' Place NE on the south by the southerly right-of-way line of said 57`�' Place NE; and on the west by the easterly right-of-way line of the University Service Road. 2. That portion of the University Service Road, bounded on the west by the easterly MN/DOT right-of-way line for State Highway 47, University Avenue NE; on the north by the southerly right-of-way line of 57'/2 Avenue NE; on the east by the easterly right-of-way line of said University Service Road; and on the south by the extension of the southerly right-of-way line to said easterly MN/DOT right-of-way line for State Highway 47, University Avenue NE. 75 3. All utility easements contained within the above street vacations. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 26TM DAY OF FEBRUARY, 2001. ATTEST: DEBRA A. SKOGEN - CITY CLERK 76 SCOTT LUND - MAYOR r AGENDA ITEM � CITY COUNCIL MEETING OF FEBRUARY 26, 2001 CffY OF FRIDIEY Date: 2/16/01 � To: William Burns, City Manager �� From: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Paul Bolin, Planner RE: Planning Commission action on SP #01-01 M-01-17 INTRODUCTION Dr. Dahl is requesting a special use permit to allow a new automatic changeable reader board sign on his property located at 7699 HWY 65. PLANNING COMMISSION ACTION At the February 7, 2001, Planning Commission meeting, a public hearing was held for SP #01-01. After a brief discussion, the Planning Commission motion was made to recommend approval of the special use permit with stipulations. THE MOTION CARRIED UNANIMOUSLY. STAFF RECOMMENDATION City Staff recommends approval of this special use permit. Automatic changeable reader boards are an approved special use, provided the message does not change more than once every 15 minutes and total free standing signage for the site does not exceed 80 sq. ft. in size. Stipulations 1. Petitioner shall obtain sign permits prior to installing any signage on site. 2. Existing time/temperature reader board to be removed prior to granting of sign permits for new signage. 77 City of Fridley Land Use Application SP-01-01 February 7, 2001 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Dr. Wayne Dahl 7699 HWY 65 NE Fridley, MN 55432 Requested Action: Special Use Permit Purpose: To allow an automatic changeable sign. Existing Zoning: C-3 (General Shopping District) Location: 7699 HWY 65 NE Size: 114,048 square feet 2.618 acres Existing Land Use: North Metro Spine Care Surrounding Land Use & Zoning: N: Spring Lake Park E: Office, C-2 S: Wendy's, C-2 W: Amoco, C-2 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Sections 214.07.1 requires a special use pemut to allow automatic changeable signs. Code fiuther requires that these signs not change messages more than once every 15 minutes. Zoning History: 1964 — Building constructed 1981 — Dr. Dahl moves in 1996 — SUP granted for Time & Temp Legal Descriprion of Property: Parce12570. N'/z of Section 12 Public Utilities: Water and sewer are available at the site. Transportation: Service drive provides access to the site. : Physical Characteristics: Lot is relatively flat, typical commercial landscape. SUMMARY OF PROJECT Dr. Dahl is requesting a special use permit to allow a new automaric changeable reader board sign. Dr. Dahl is also seeking a variance, from the Appeals Commission, to allow the message on the sign to change more than once every 15 minutes. SUMMARY OF ANALYSIS City Staff recommends approval of this special c�se permit. • The proposed use is an approved special use, provided the message does not change more than once every 15 minutes & total free standing signage for the site dces not exceed 80 sq. ft. in size. CITY COUNCIL DATE / 60 DAY ACTION February 26, 2001 / March 5, 2001 (7699 HWY 65 view from South) Staff Report Prepared by: Paul Bolin Analvsis Request Dr. Dahl is requesting a special use pemut to allow a new automatic changeable reader board sign on his property located at 7699 HWY 65. Dr. Dahl is also seeking a variance, from the Appeals Commission, to allow the message on the sign to change more than 1 X/15 minutes. . � a �� $ � . ��_ ►,��o"�� o� \\\�\\O\\O� �+ /. I, � / /i /e / �� / ,� /�//s� Location of property Historv This property was originally developed as the FrosTop Drive Inn in 1964. The property was also used as a miniature golf course during the late 1960's & 1970's. In 1981, Dr. Dahl purchased the properiy and remodeled the building to accommodate a chiropractic office. Since the conversion to a chiropracric clinic, sign pernuts were issued for new pylon signs in 1981, 1988, & 1996. View of sign from HWY 65 79 Analvsis Automatic changeable reader boards are an approved special use, provided the message does not change more than once every 15 minutes and total free standing signage for the site dces not exceed 80 sq. ft. in size. The petitioner has submitted drawings indicating the size of the new pylon sign on this site (including the reader board) will be 78 square feet in size. In 1996, a special use pemut was obtained for the time/temperature reader board currently in place on this site. This existing reader board will need to be removed, as it is 4.8 sq. feet in size and would bring the total signage over the 80 sq. feet allowed by Code. RECOMMENDATIONS City Staff recommends approval of this special use permit. Automatic changeable reader boards are an approved special use, provided the message does not change more than once every 15 minutes and total free standing signage for the site does not exceed 80 sq. ft. in size. Stipulations Staff recommends the Planning Commission approve the special use pernut subject to the following stipulations: 1. Petitioner shall obtain sign pemuts prior to installing any signage on site. 2. E�cisting time/temperature reader board to be removed prior to granting of sign pemuts for new signage. : 1 r � cmr oF FRIDLEY <,:a;�:x::� . AGENDA ITEM CITY COUNCIL MEETING OF FEBRUARY 26, 2001 Date: 2/16/00 To: William Burns, City Manager ��`�i° From: Paul Bolin, Pianner Scott Hickok, Acting Community Development Director RE: VAR #01-01 M-01-18 INTRODUCTION Dr. Dahl is requesting a variance to allow a new automatic changeable reader board sign on his property located at 7699 HWY 65, to change its message more than once every 15 minutes. APPEALS COMMISSION ACTION At the February 14, 2001 Appeals Commission meeting, a public hearing was held for VAR #01-01. After a brief discussion over the lack of hardship necessary to grant this variance, a motion was made to recommend denial of the variance request. - The motion carried unanimously. PLANNING STAFF RECOMMENDATION � r City Staff recommends the City Council concur with the Appeals Commission � recommendation for denial of VAR #01-01, as there is no hardship. i : City of Fridley Land Use Application . VAR-01-01 February 14, 2001 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Dr. Wayne Dahl 7699 HWI' 65 NE Fridley, NIN 55432 Requested Acrion: Variance Purpose: To allow an automaric changeable sign, to change it's message more than once every 15 minutes. Existinng Zoning: C-3 (General Shopping District) Location: 7699 HWY 65 NE Size: 114,048 square feet 2.618 acres E�cisting Land Use: North Metro Spine Care Surrounding Land Use & Zoning: N: Spring Lake Park E: Office, C-2 S: Wendy's, G2 W: Amoco, G2 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Confomiance: Sections 214.07.1 requires a special use pemut to allow automatic changeable signs. Code further requires that these signs not change messages more than once every 15 minutes. Zoning History: 1964 — Building constructed 1981 — Dr. Dahl moves in 1996 — SUP granted for Time & Temp Legal Description of Property: Parce12570, N'h of Section 12 Public Utilities: Water and sewer are available at the site. : � Transportation: Service drive provides access to the site. Physical Characterisrics: Lot is relatively flat, typical commercial landscape. SUlVli1ZARY OF PROJECT Dr. Dahl is seeking a variance, from the Appeals Commission, to allow the message on the sign to change more than once every 15 minutes. Dr. Dahl has also requested a special use pernut to allow a new automatic changeable reader board sign from the Planning Commission. SUNIMARY OF ANALYSIS City Staff recommends denial of this variance reqccest. • Petitioner has no statutory defined hardship. • No comparable variances have ever been granted. • Granting of this variance would set a precedent CITY COUNCIL DATE / 60 DAY ACTION February 26, 2001 / March 5, 2001 (7699 HWY 65 view from South) Staff Report Prepazed by: Paul Bolin VAR-OI-01 REQUEST Dr. Dahl is requesting a variance to allow a new automatic changeable reader board sign on his property located at 7699 HWY 65, to change it's message more than once every 15 minutes. Dr. Dahl is also seeking a special use perrnit, from the Planning Commission, to allow the message center. Dr. Dahl, petitioner has owned the property since 1981. CODE REQUIREMENTS Sections 214.07.1 requires a special use pernut to allow automatic changeable signs. Code fiuther requires that these signs not change messages more than once every 15 minutes. SITE HISTORY This property was originally developed as the FrosTop Drive Inn in 1964. The property was also used as a miniature golf course during the late 1960's & 1970's. In 1981, Dr. Dahl purchased the properly and remodeled the building to accommodate a chiropractic office. Since the conversion to a chiropractic clinic, sign pemuts were issued for new pylon signs in 1981, 1988, & 1996. On February 7, 2001, the Planning Commission held a public hearing for the. special use pemut. The Planning Commission approved the special use permit to allow the automatic changeable reader board sign, but did express some concem over the possibility of this sign message changing more than once every 15 minutes due to safety issues and the precedent that would be set. FOUR CODE CONDITIONS REQUIRED FOR SIGN VARIANCE APPROVAL Before the Commission shall grant a variance, it is the responsibility of the applicant to meet the four conditions required to be met in Section 214.21.02 of the City Sign Code. The petitioner has met none of the four conditions required for sign variance approval. Therefore, by Code, the sign variance should not be granted. The four requirements and an explanation of how the petitioner has failed to meet these mandatory requirements are listed below. - 1. Exceptional or extraordinary circumstances applicable to the property or to the intended use that do not apply generally to other property in the same vicinity and district. The circumstances surrounding the location of this property are neither exceptional.nor extraordinary. The subject property contains a single occupant with d'uect frontage on HWY 65 & Osborn Road. No other automatic changeable reader board signs in Fridley, change messages more than once every 15 minutes. 2. That the variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and district, but which is denied the property in question. Neither the petitioner nor other properties located within the City of Fridley have had automatic changeable reader board signs that change messages more than once every 15 minutes. : 3. That the strict application would constitute an unnecessary hardship. There is no hardship created by the denial of this variance. This business has been in this loc�tion since 1981. This site has optimum visibility along one of the metro areas busiest roadways. If the petitioner desires more visibility, staff recommends the petitioner raise the height of the sign to the 25' maximum allowed by code. Strict applicarion of the code would require that the petitioner not change the sign . message more than once every 15 minutes, as is required of the existing electronic reader board signs found in the City of Fridley. This is not a hardship. 4. That the granting of the variance would not be materially detrimental to the public health, safety or general welfare, or detrimental to the property in the vicinity or district in which the property is located. The quick changing messages seen on electronic reader boards in other communities may be detrimental to the public safety. It is not uncommon for a driver's eyes to be drawn to the changing messages on these signs. If a portion of the message is not caught by the driver, often they will be trying to catch the remainder of the message in their rear view mirror as they drive past the message center. This is a threat to public safety. RECOMMENDATIONS City Staff recommends denial of this variance request. • Petirioner has no statutory defined hardship. • No comparable variances have ever been granted. • Granting of this variance would set a precedent for all other businesses wishing to install an electronic reader board sign with a message changing more than once every 15 minutes. STIPULATIONS City Staff recommends if the variance request is granted that the following stipa�lations be attached to approval. 1. Petitioner shall obtain sign pemuts prior to installation of any signs on properly. 2. Existing time/temp sign to be removed prior to issuance of sign pemut for new signage. 3. This variance shall remain in effect unless any of the following occur: A. The sign is altered in any way, except for routine maintenance, which makes the sign less in compliance with requirements. B. The supporting structure of the sign is replaced or remodeled. C. The face of the sign is replaced, remodeled, or name of the business being displayed on this sign is changed. D. The sign becomes dilapidated or damaged and the cost of bringing it into compliance is more than 50% of the value of the sign, at which time all of the sign and its structure to be removed. :� , . ..:: CITY OF FRIDLEY APPEALS COMMISSION MEETING FEBRUARY 14, 2001 CALL TO ORDER: Chairperson Kuechle called the February 14, 2001, Appeals Commission meeting to order at 7:30 p.m. PUBLIC HEARING: VARIANCE REQUEST, VAR #01-01, BY WAYNE DAHL: Per Section 214.07.01 b of the Fridley Sign code, to allow an automatic changeable sign to change its message more than once every 15 minutes on Parcel 2470, North Half of Section 12, generally located at 7699 Highway 65. MOTION by Mr. Tynjala, seconded by Ms. Jackson, to waive the reading and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 7:31 P.M. Mr. Bolin stated that Dr. Wayne Dahl, North Metro Spine Care Specialists, is requesting a variance to allow a new automatic changeable readerboard sign on his property to change its message more than once every fifteen minutes. City Code requires the approval of a special use permit to allow the use of an automatic changeable readerboard sign. The Planning Commission held a public hearing for the special use permit on February 7 and recommended approval to allow the readerboard sign. City Code also requires that the messages on readerboard signs not change more than once every fifteen minutes. Mr. Bolin stated the property is located at the corner of Osborne Road and TH 65. The property is zoned C-3, General Shopping District. C-2, General Business, zoning is located to the south and the east. The City of Spring Lake Park is to the north. Part of the property was used as a mini-golf course during the late 1960s and 1970s. Dr. Dahl purchased the property in 1981 and remodeled the building to accommodate his current chiropractic practice. Mr. Bolin stated that sign permits were issued for new pylon signs in 1981, 1988, and 1996. In 1996, Dr. Dahl went through the special use permit process to obtain the electronic readerboard currently on the existing sign that shows the time and temperature. The proposed sign has the existing blue portion of the sign to be made of lexon and would not change. The readerboard would be located directly below that. The total square footage for this sign would be 78 square feet which is just under the 80 square feet code. This sign is closer to the road than most of the other signs along TH 65. Mr. Bolin stated that before granting a variance, the Sign Code requires four criteria: 1. That there are exceptional or extraordinary circumstances applicable to the property or to the intended use that do not apply generally to other property in the same yicinity and district. Mr. Bolin stated this property is not exceptional nor extraordinary. The subject property contains a single occupant with direct frontage on TH 65 and Osborne Road. No other automatic changeable readerboard signs in Fridley change messages more than once every fifteen minutes. : APPEALS COMMISSION MEETING, FEBRUARY 14, 2001 PAGE 2 2. That the variance is necessary for the preservation and enjoyment of the substantial property right possessed by other property in the same vicinity and district, but which is denied to the property in question. Mr. Bolin stated neither this petitioner nor any other property in the City of Fridley has had automatic changeable readerboard signs that change messages more than once every fifteen s minutes. 3. That the strict application of the zoning code would constitute an unnecessary hardship. Mr. Bolin stated the business has been in this location since 1981. The site has optimum visibility along one of the metro area's busiest roadways. The petitioner could raise the height of the sign to the 25-foot maximum allowed by code. Strict application of the code would only require that the petitioner not change the sign message more than once every fifteen minutes as is required of all other existing electronic readerboard signs in the City of Fridley. This is not a hardship. 4. That granting of the variance would not be materially detrimental to the public health, safety, or general welfare, or detrimental to the property in the vicinity or district in which the property is located. Mr. Bolin sated it is not uncommon to read these signs as you are driving by and try to catch the rest of the message in the rearview mirror. That is definitely a safety hazard and could be detrimental to the safety and welfare of Fridley residents. Based on these code requirements, City staff recommends denial of this request. The petitioner has noi met the statutory requirements for granting a variance and no comparable variances have been granted. This is precedent setting. Mr. Jones asked if the time and temperature can change less than every fifteen minutes. Mr. Bolin stated the time and temperature can change as many times as wanted. Mr. Paul Punt, representing AttractaSign, stated that it takes about half a second to read the time and temperature. These signs are designed to be read in about finro to three seconds. There will be plenty of time to read it if it flashes a couple of times. He knows of no certain circumstances of people craning their neck as they drive by to read a message. Oaktronic has studies of that and will submit those studies if staff would like. He stated they are looking at an incandescent light bulb type sign. They also have the capability of color. A lot of other cities allow these messages, because most of the people who own these signs display public service messages to help the City and community. The signs can be adjusted to change the message for any amount of time. Mr. Kuechle asked what kind of text the petitioner was planning on having on the sign. Mr. Punt stated that the unit they are looking at is capable of having one line of copy or two lines of copy. Mr. Tynjala asked if the primary focus of the messages would be advertising focus. Mr. Punt stated that the primary purpose would be advertising. Many people who have these signs use them for public service messages besides the advertising. : . APPEALS COMMISSION MEETING, FEBRUARY 14, 2001 PAGE 3 Mr. Tynjala asked if he could expound on the hardship. Mr. Punt stated that all the other communities do not have this timing stipulation. As you drive around town you are drawn to these things as the message is portrayed. They try not to make the message too long. The hardship is that you direct your advertising dollars in certain areas; and if you cannot use it for that, it is kind of a waste of money. Other signs in this area are taller than the petitioner's, and the new readerboard sign will allow him to be seen in the crowd. • Dr. Dahl, petitioner, stated that the special use permit regarding the automatic changeable sign was addressed and approved by the Planning Commission. The hardship was recognizing that the Wendy's sign is much taller and larger. The Viking Chevrolet sign and Spring Lake Park signs are competing also. He became aware of this eight years ago when many people did not realize where his practice was even though it is at a very visible location. This building is extremely professional looking and kept up, but between these other businesses with the sign way below everyone else's, nobody knows his clinic exists. The hardship was demonstrated that he is not able to utilize this sign as other communities do. He would have the ability to use public service signs as Cub Scout meetings are held at his clinic, secret Santa gifts at Christmas, and other things. Fridley is a very pro-business community, and this sign would be a plus to the community. MOTION by Mr. Jones, seconded by Mr. Tynjala, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:52 P.M. Mr. Tynjala stated that the sign provisions in the City Code state that there must be some hardship. He is not sure that there is anything unique about this property that does not affect every business down the line. He is not personally opposing the sign, but a hardship is needed to allow the Commission to approve the variance. He is inclined to vote against the variance based on that and because approving this variance would set a precedent. Mr. Jones stated he agreed. The hardship requirements do not fit so if this variance was granted, it would be the same as rewriting the code. That is not the purpose of the Commission, and this may be something the City Council might want to address with the code. He would be inclined to vote against this variance. Ms. Jackson stated that she could picture where this clinic is easily, and she believed the current sign is very solid and attractive. She believed it stands out more than the Wendy's sign. She has more sympathy with the code requirements because anything that attracts a driver's attention is not a good thing. Mr. Kuechle stated that he concurs with most of the comments. The sign is very attractive; but given the constraints with the City Code, he cannot say that this sign is exceptional. MOTION by Mr. Jones, seconded by Ms. Jackson, to recommend denial of Variance Request, VAR #01-01. . UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Bolin stated that this would go to City Council on February 26 along with the special use permit. : r � GTY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF �EBRUARY 26, 2001 INFORMAL STATUS REPORTS ��3