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01/05/2004 - 4608� M � R OFFICIAL CITY COTJNCIL AGENDA CITY COUNCIL MEETING JANUARY 5, 2004 �, a� 4� s ,� � . # Y � � _ � � CffY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF JANUARY 5, 2004 7:30 p.m. - City Council Chambers Attendance Sheet ALFAS'F AR/NT NAM�, Afl�RFSS ANfl /TFM NUMB�'R YaU ARF /Ni�R�STFfl /N. ��,� - , .,�. ' � � � �� r � � � P�nt �ta�t�;��"ea��p� '� Add��s� �� . �� m�� . , ,, ,,� : ` :�. _.. , . ,,, �4 ' ., ,,.,. �� ,, , .� - , w"�l�i';,, ',��.�-'�;,- � � �. �'�'-�-°� n� �% �;' �, �-. ,� � f ; �- c,LC�, . .�� . �� !<� •� ,�'� �_ � D ,� � , , , , , , � , � %r ✓ , �. �-.;,�/'Y� � r;�'�- �� `��, ��'��'� ��,�� .. ��- ��, 3�-� �.� �j'' /�v� i�-- � �. � �W`��=7�.1'\ ! • � Y � � � "`. CffY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF JANUARY 5, 2004 ?:30 p.m. - City Council Chambers Attendance Sheet ALFAS� AR/NT NAMF, AUDRFSS AND /TFM NUMB�'R YaU ARF /NTFRFSTFD /N. l Y. 3. - - �w++'v . � �, �Ms � �"�1'1'� �a�+� �� z ��i�°t''� � � � ��'� � ,�� , ,.,�;� ��,�s9�� .r ,.�i ,i�r �:� „� � ,,,,� , ... �Yr� l � '��; � _ � �t� ' � L J V'.�?`Z� '�- /L� �, .--. � ' /', � i � r �.� - �- Jh � �, �. �., �� ` �;��. �l� > � "l �;�c� S�. �'�z .-� �. �,'�'. �� ` �� `� � T� �� V i''1 � �G�c �%t��l--�'l� C,S� �� ,1 � � J ��°'��h' �.,� ' � s�� --z�.a-,-z_ �� --�z1 � � .� �� ,_ � % �.�� i' , ,� �� S. �> � , � � ��,� �, r c� �� 9r /J . j ' ' L`�l�r r �- � . '� v� fi`f �- �r /V-t L-=�� '�'E= � � C ..� _ �} t '4 �.. -� � ��-� c-� r'� � �`� « � �� ,.�.�.=s � . ��v�► �� ,o � r �� . ��- � � (�, �-�- �� ( 1 /�` � �� t� � C � � 1`'-; t'r: ��' � � �� GTY OF FRIDLEY CITY CO ' The Ciry of Fndley will not d. treatment, or employment in its ,, national origin, sex, disability, - assistance. Upon request, accc participate in any of Fridley's se interpreter or other persons with 572-3500 at least one week in ad, 0 � PLEDGE OF ALLEGIANCE. APPROVAL OF PROPOSED APPROVAL OF MINUTES: City Council Meeting of NEW BUSINESS: 1. NCIL MEETING OF JANUARY 5, 2004 unate against or hazass anyone in the admission or access to, or ces, programs, or activities because of race, color, creed, religion, marital status, sexual orientation or status with regard to public dation will be provided to allow individuals with disabilities to ,, programs, and activities. Hearing impaired persons who need an �ilities who require au�ciliary aids should contact Roberta Collins at ; (TTD/572-3534) ENT AGENDA: mbe� 24, 2003 Receive the Minutes of the Planning Commission Meeting of December 17, 003 .......................................................................... 1- 9 2. Special Use Permit Reque: AT&T Wireless and Americ a Telecommunication TowE Industrial Zoning District ur Industrial Zoning Code, Se� Generally Located at 5330 N.E. (Ward 3) .................. �t, SP #03-21, by an Tower, to Allow �r in a M-2, Heavy der the M-2 Heavy ;tion 205.18.1.C(3)(7), Industrial Boulevard ...........................:...................................................... 10 - 14 FRIDLEY CITY COUNCIL MEETING OF JANUARY 5, 2004 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 3. Motion to Authorize the Fridley Senior Companion Program to Apply for CDBG Funding for the Year 2004-2005 ........................................................................ 15 _ ` � 4. Motion to Authorize the City of Fridley to Enter into a Joint Powers Agreement with the Cities of Andover, Brooklyn Center, Columbia Heights, Coon Rapids and Spring Lake Park for Street Maintenance Work ............................................................................. 16 5. Approve 2004 Tri-City GIS Joint Powers Contract with GIS Rangers LLC ......................................................................... 17 - 27 6. Resolution Imposing Load Limits on Public Streets in the City of Fridley, Minnesota ............................................................ 28 - 33 7. Resolution Designating Official Depositories forthe City of Fridley .......................................................................................... 34 - 36 Y FRIDLEY CITY COUNC APPROVAL OF PROPOSED NEW BUSINESS (CONTINUEC 8. Resolution Designating an . for the Year 2004 ............ � TING OF JANUARY 5, 2004 ENT AGENDA: PAGE 3 Z Official Newspaper ................................................................................... 37 - 38 9. Resolution Authorizing a hange in Mileage Reimbursement Rates for he 2004 Calendar Year....................................................................................................... 39 - 40 10. Approve 2004 City of Fridl� Staff Appointments .......... 11. Claims 1 Z. Licenses ................... ................... 13. Estimates ................... ;y City Council and ................................................................................... 41 ................................................................................... 42 .................................................................................... 43 - 45 .................................................................................... 46 FRIDLEY CITY COUNCIL MEETING OF JANUARY ADOPTION OF AGENDA. STATE LEGISLATIVE UPDATE. 2004 OPEN FORUM (VISITORS): Consideration of Items not on Agenda — 15 Minutes PUBLIC HEARINGS: 14. Consideration of a Rezoning Request, ZOA #03-02, by Town Center Development, LLC, to Rezone Property from C-1, Local Business; C-2, General Business; M-1, Light Industrial; and C-R1, General Office to S-2, Redevelopment District to Accommodate Redevelopment, Generally Located at 1282 Mississippi Street; 6490, 6400, 6352 and 6300 Central Avenue; and 1271 East Moore Lake Drive (Ward 2) (Continued December 8, 2003) PAGE 4 ................................................ 47 - 60 15. Consideration of a Preliminary Plat Request, PS #03-08, by Town Center Development, LLC, to Create Two Separate Lots to Allow for the Construction of a Senior Housing Development, Generally Located at 1282 Mississippi Street and 6490 Central Avenue (Ward 2) (Continued December 8, 2003) ........................................................... 61 - 72 � � FRIDLEY CITY COUNCIL ME�TING OF JANUARY 5, 2004 PUBLIC HEARINGS (CONTINI�ED): � Consideration of a Rezoni g Request, ZOA #03-04, by RAS Prop rties, to Rezone Multiple Properties from R 2, Two Family Units to R-3, General Multi le Units, Generally Located at 351 — 74t" Ave ue, 361 — 74th Avenue, 371 — 74th Avenue, 389 — 4�h Avenue, 415 — 75tn Avenue, 7400 Lyric Lane, 50 — 75t" Avenue, 460 — 75th Avenue, 450 — 5th Avenue and 476 — 75th Avenue (Ward 1) ............................................................................... NEW BUSINESS: 17 First Reading of an Ordinance to Amend the City Code of the City o Fridley, Minnesota, by Making a Change in Zo ing Districts (Rezoning Request ZOA #03-02, by own Center PAGE 5 73-81 , Development) (Ward 2) .. ................................................................................... 82 - 85 18. First Reading of an Ordin< the City Code of the City c by Making a Change in Zc Request, ZOA #03-04, by (Ward 1) .................., 19. Informal Status Reports . ADJOURN. nce to Amend f Fridley, Minnesota, ning Districts (Rezoning RAS Properties) ................................................................................... 86 - 88 .................................................................................... 89 I rx� MrnlurES oF r� FRIDLEY CITY COUNCIL ; ITTTG OF NOVEMBER 24, 2003 s. f� �< :�� ;� �: �� . � • �� .� : w : a�- . . . . ' nX,��. �� ,s _ yr* Tlc ` M1� F t The regular meeting of the F PLEDGE OF ALLEGIANC�E: CITY OF FRIDLEY COUNCIL MEETING MINUTES NOVE�YIBER 24, 2003 City Council was called to order by Nlayor Lund at 7:30 p.m. Mayor Lund led the Council a,�nd audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: I►� I �1 � : �%�: �-��II-1� APPROVAL OF PROPOSE APPROVAL OF Lund, Councilmember Barnette, Councilmember Billings, lmember Wolfe and Councilmember Bolkcom. CONSENT AGENDA: City Council Meeting �f October 27, 2003. APPROVED. 1. RECEIVE THE NOVEMBER 5, RECEIVED. � S OF THE PLANNING COMMISSION MEETING OF RESOLUTION NO. 62-2043 APPROVING A S #03-01, TO CREAT TWO BUII.,DABLE LOTS 130 ELY STREET N E. (WARD 3). BDIVISION, LOT SPLIT, LS GENERALLY LOCATED AT Dr. William Burns, City Man ger, said Tom and Dianna Marchiafava owned two non-buildable, 30—foot lots at 130 Ely Street .E. The City owned a 60-foot buildable lot next to their property. Their proposal was for them d the City to split the properties into two buildable properties with frontage on Ashton Avenu . The Planning Commission approved the proposal. Staff recommended Council's appr val, subject to the following stipulations: 1. All necessary permits 2. Grading and dr� issuance of any properties; be acquired prior to construction; plan to be approved by City's engineering staff prior to the ling permits, in order to minimize impacts to the surrounding FRIDLEY CITY COUNCIL MEETING MINUTES OF NOVEMBER 24, 2003 PAGE 2 3. Property owner of record at time of building permit application to pay required park fees prior to issuance of building permits; 4. Property owner of record at time of building permit application to pay all water and sewer connection fees prior to issuance of a building permit. ADOPTED RESOLUTION NO. 62-2003. 3. RESOLUTION NO. 63-2003 OF THE CITY OF FRIDLEY, MINNESOTA, APPROVING THE TRANSFER AND EXCHANGE OF CERTAIN PARCELS OF � LAND WITH TONI MARCHIAFAVA AND DIANNA MARCHIAFAVA (WARD � Dr. William Burns, City Manager, stated this would allow the exchance of the properties previously mentioned. Staff recommended Council's approval with one stipulation: 1. The Marchiafavas shall pay any costs associated with the preparation of and recording of any documents necessary to effect the land exchange on behalf of the City. ADOPTED RESOLUTION NO. 63-2003. 4. SPECIAL USE PERMIT REQUEST, SP #03-18, BY ELECTRIC MOTOR SUPPLY, TO ALLOW FOR LIMITED OUTDOOR STORAGE, GENERALLY LOCATED AT 4650 MAIN STREET N.E. (WARD 3). Dr. William Burns, City Manager, stated Mr. Brad Bullock wished to store electric equipment in the rear yard of his company's property located at 4650 Main Street N.E. At its meeting on November 5, 2003, the Planning Commission recommended approval with two stipulations. Staff recommended Council's approval with two stipulations. APPROVED SPECIAL USE PERMIT REQUEST, SP #03-18 WITH THE FOLLOWING STIPULATIONS: 1. THE PETITIONER IS RESPONSIBLE FOR SCREENING THE LIMITED OUTDOOR STORAGE AREA IN ORDER TO COMPLY WITH CODE REQUIREMENTS BY JUNE 1, 2004; 2. NO OUTDOOR STORAGE OTHER THAN THE STORAGE OF ITEMS USED FOR THIS BUSINESS. 5. RESOLUTION NO. 64-2003 APPROVING RECYCLING SERVICE FEES. Dr. William Burns, City Manager, stated staff recommended that Council raise the City's recycling fee to accommodate increased costs for its recycling program. The increase would ' change the quarterly recycling fee from $5.95 to $6.06. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 64-2003. � 0 FRIDLEY CITY COUNCII� MEETING MINUTES OF NOVEMBER 24, 2003 PAGE 3 6. RESOLUTION NO� 65-2003 IN SUPPORT OF AN APPLICATION FOR A NIIti�iESOTA LA UL GAtVIBLING PREMISE PERMIT FOR THE NIINNESOTA SPO TS FEDERATION MINNESOTA SPORTS CAFE, 7651 - HIGHWAY 65 N.E. ARD 2. � i ti Dr. William Burns, City M ager, said the renewal was requested by the Minnesota Sports Federation for a pull-tab ope ation at the Ytinnesota Sports Cafe located at 76� 1 Hiahway 65. Staff recommended Council's approval. ADOPTED RESOLUTION INO. 6�-2003. 7. RESOLUTION NO� 66-2003 AUTHORIZING AN INCREASE IN COMPEN- SATION AND CHA�IGES IN CERTAIN BENEFITS FOR THE 2004 CALENDAK YEAR. Dr. William Burns, City M ager, said staff recommended a 2 percent increase in salaries and automobile allowances for 2 04. The increases will cost the City $152,733 and are consistent with increases in other citie as well as many private sector increases. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 66-2003. 8. FIRST READING F AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE BY AMEND NG APPENDIX F TO PROVIDE FOR THE ADJUSTMENT OF SALARIES �'OR THE MAYOR AND COUNCILMEMBERS IN ACCORDANCE WI FRIDLEY. Dr. William Burns, City Man Council for 2004 by 2 percent THIS ITEM WAS REMO' THE REGULAR AGENDA 9. CLAIMS: APPROVED CLAIM NOS. 10. LICENSES: ' APPROVED THE LICENS SECTION 2.07 OF THE CHARTER OF THE CITY OF er, said the ordinance would adjust the salaries of the Mayor and Staff recommended Council's approval. �D FROM THE CONSENT AGENDA AND PLACED ON 114074 THROUGH 114360. AS SUBMITTED AND AS ON FILE. FRIDLEY CITY COUNCIL MEETING MINUTES OF NOVEMBER 24, 2003 PAGE 4 11. ESTI'VIATES: Park Construction �00 — 73`d Avenue N.E. Suite 123 Fridley, MN 55432 University Avenue Storm `t%ater Pond Project Estimate No. 1 $95,168.20 APPROVED. APPROVAL OF PROPOSED CONSENT AGENDA: Councilmember Bolkcom asked to remove Item 8 from the consent agenda to the regular agenda. Mayor Lund asked with respect to Item No. 5 if the 4.4 percent increase on the multi-family rate was affected by the Charter amendment. Mr. Scott Hickok, Community Development Director, said it was not. It was not an increase across the board, but an increase based on service. No one in the audience spoke regarding the consent agenda items. MOTION by Councilmember Barnette to adopt the proposed consent agenda with the removal of Item 8. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA: MOTION by Mayor Lund to adopt the agenda with the addition of Item No. 8. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM: Ms. Colette Hanson, 6281 Fifth Street N.E., said two years ago they worked with the City and ` with a plumbing company they recommended to repair their sewer line. T'he sewer line backed up and they had to have it repaired. � Mr. Joe Munn from Joe's Sewer and Water located in Brooklyn Park, said he was called out to 6281 Fifth Street N.E., for a sewer problem. In looking at the sewer line, he noticed it was - r FRIDLEY CITY COUNCII� MEETING MINUTES OF NOVEMBER 24, 2003 PAGE 5 pitched toward the house. H told Ms. Hanson he thought they could fix it. Ms. Hanson felt the City should be responsible fo part of the bill. Mr. Haukaas, Public Works The house itself was verv r service pitch. There was wo never been contacted as far : He said their involvement w the sewer service from the properly. They have had dis Mayor Lund said there was Mr. Haukaas said the City Mayor Lund asked if a Mr. Haukaas said he would �rector, said he was familiar with what happened at this residence. �r the elevation of the sewer, so there was not a lot of room for done approximately two years ago. At that time, Engineering had verification of elevations. A sewer connection permit was pulled. to check the connections. He said they did not get involved with reet to the house other than making sure they were connected ssions with Ms. Hanson. that the City recommended a plumber. not make any recommendations on any contractors. was pulled and if there was an inspection. that information. Ms. Hanson said when she o'ginally spoke with the City about the problem and they came out and checked, they said it was backing up due to a dip by the house. She asked if it was a two- fold problem—the dip by the ouse and the connection. They told her that it was not. She said it turned out it was the connect on with the City's line. She said they tried to do it right the first time. Mayor Lund said they were Councilmember Bolkcom Mr. Haukaas said for a sewer Councilmember Bolkcom Mr. Haukaas said visually. to find out the facts. what was checked when a permit was pulled. connection, they checked the connection. how they checked it. Mayor Lund said there was a.r� improper connection. Mr. Munn ageed. He said a p rmit was pulled and it was not the Public Works Department who inspected it but someone fro the Engineering staff. She looked down the hole and said it was good. There should have bee some type of check to make sure that there was a flow. Mayor Lund said they would 9 staff look into the matter and get back to them. FRIDLEY CITY COUNCIL MEETING MINUTES OF NOVEMBER 24, 2003 PAGE 6 PUBLIC HEARINGS: 12. CONSIDERATION OF A REZONING REQUEST, ZOA #03-02, BY TOWN CENTER DEVELOPMENT, LLC, TO REZONE PROPERTY FROM C-1, LOCAL BUSINESS; C-2, GENERAL BUSINESS; M-1, LIGHT INDUSTRIAL; AND C-Rl, GENERAL OFFICE, TO S-2, REDEVELOPMENT DISTRICT, TO ACCOMMODATE REDEVELOPMENT, GENERALLY LOCATED AT 1282 NTISSISSIPPI STREET; 6490, 6400, 6352 AND 6300 CENTRAL AVENUE; AND 1271 EAST MOORE LAKE DRIVE (WARD 2). MOTION by Councilmember Billings to waive the reading of the public hearing notice and open � the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Paul Bolin, Planning Coordinator, said he would do one presentation for Items 12 and 13 on the agenda. The petitioner was Town Center Development, LLC, from Maple Grove. Town Center Development requested two separate land use actions. The plat was being requested to create two new parcels from 1282 Mississippi Street, which was Tamarisk Resources, and 6490 Central Avenue, currently Sandee's Restaurant and the vacant lot to the south. The petitioner also requested a rezoning for the west side of Central Avenue between Mississippi Street and East Moore Lake Drive. Town Center proposed to construct a four-story, fifty-five unit, senior, owner-occupied condominium complex south of Sandee's Restaurant. Sandee's Restaurant would be remodeled. The condominium units all had two bedrooms. Thirty-one units would be 1,138 square feet; eight would be 1,185 square feet; and sixteen would be 1,255 square feet. The development would include fifty-one underground parking stalls, four garage stalls and seventy additional surface parking stalls. A storm pond is also located on the south end of the project. There was a trail system and landscaping surrounding the property. Mr. Bolin discussed a drawing of the project. Mr. Bolin said in 1991 Mr. Tom Brickner requested a rezoning of the vacant land south of Sandee's Restaurant from C-1 and C-2 to R-3 which would allow general multiple family dwellings. At that time he planned to construct a forty-unit, three-story apartment building. That request failed because it was deemed to be spot zoning. Petitioner requested a rezoning for the west side of Central Avenue between Mississippi and East Moore Lake Drive. They sought to rezone the entire block to S-2, Redevelopment District. He said 1282 Mississippi Street was the Tamarisk house, 6490 Central was the property currently owned by Sandee's, 6400 Central was the property owned by Advance Companies, 6352 Central Avenue was owned by the Fridley Housing and Redevelopment Authority, 1271 East Moore Lake Drive was owned by the City, ` and 6300 Central Avenue was owned by Ziebart. The only properties proposed to be redeveloped were 1282 Mississippi Street and 6490 Central Avenue. The other properties would remain as-is. The City did have the authority to rezone property from one designated use to another as long as the zoning was in conformance with the Comprehensive Plan. In order for a rezoning to be viewed favorably, it must be in line with the City's vision laid out in the � � 0 k'RIDLEY CITY COUNCIL he o osed senior, owner-occupied, condominum complex and the Comprehensive Plan. T p p rt met everal of the objectives the resident Cent aldbetweentMisissippi rezoning of the prope Y rehensive Plan. The area ot Old visioning sessions for the Co p�as identified as an area for future redevelopment. The Street and Rice Creek Ro �ercial uses with higher Comprehensive Plan sp ecific lly stated for that portion of Old Cent�ral, consideration should e to ether with the health club, would servethat for proje ts made to replace the current ri x�loa 'single family residentia an stated density residential developm housing. The Comprehensive Plan also residential location for move up desi nation would be the in these redevelopment area that requi�he rede elopmen pr �eCting g appropriate zoning district to implement 1VI' sissippi Street and 6490 TING MINUTES OF NOVEMBER 24, 2003 PAGE 7 Mr. Bolin said Town Center Central Avenue to create t� building. He said the propo typically zoned C-2, Gene exceeded the 20,000 squa�'E number of parking stalls fo right-of-way corridor woul� for future work. The rig Mississippi Street and 10 f the right-of-ways be dedic� roads, Sandee's Restauran' the east property line and right-of-way dedication v� north side of the buildin� District, the diminished se Mr. Bolin said that Lot Z. acres in size. Because of of the building would be t� Development also sought to replat 1282 ls � se arate lots to accommodate Sandee's R�aurant�. tRe Sa ant �aze P ed Lot 1 would accommodate Sandee s u�.e feet, which �al Business. The proposed lot was 24,525 sq foot minimum lot area in a G2 District. It t ted tha ae 120 foot a restaurant use of this size. Anoka County be required for Central Avenue and Mi eisWap130trfeet1 adjacent to it-of-way dedication needed for th re uested that both of et adjacent to Central Avenue. Anoka a°�?ts tion along both county ted at this time. After the right-of-waY q line, 3 feet froxn would be less than oneld bef5 feet irom he nort p apertY line. The 1e parking setback wou atio area on the �uld require the petitioner to remove the existing p Due to the discretion given to Council in the S-2 Redevelo�pm�lent backs could be recognized under this rezoning master plan apP the roposed location for the senior building, w� slightly under three p arking and the high water table in the area, the height he underground p The parking setback would be 10 feet from the i 1 feet at the midspan• property line on the eas ide of the propert�'• oka County Traffic Engineer, res ect to traffic, staff looked at a number of different sources to try o Mr. Bolin said with the transportation determine possible impa ts. In addition to discussions � Ge eration Report, ineer's Trip Su lied by the developer's they looked at the Inst tute of Traffic Eng had no plans to do chapter of the Compre ensive Plan, and reviewed a tranfdica ed tha p�eY manual, there engineering firm, Louc s& Associates. The Counn' p eneration ' al townhomes. They looked at the numbers for a.n hing with the inters ction. In the Insti enti�f Traffic Engineer's tri g �e man�� s eci ic to senior resid resented by was no category p g ecific. The numbers p eo le of residential condomimu s which were not a e-sp S because it included p P . stated that for all residential condominium�e compleX should be viewed as a orse case scenal o for the number of trip vin all ages and family si es. The man meant any vehicle entering or lea g er day. A trip the course of the day. When the typically generated 5.8 trips p lex during S become more A total of 322 vehicles would enter or le�he thmpa mp on surrounding roadway zed by time, data was further an v ra es, during the morning rush hour between 7:00 a.m. and 9:0 a.m. negligible. Based on g FRIDLEY CITy Cp�CIL 11�ETING MINUTES OF N �VEMBER 24, 2003 PAGE 8 there would be 24.5 or 2� vehicle would be about 30 vehicles entering o 1 ea BnaWeen the hours of 4:00 D the site. p•m• and 6:00 p.m,, �ere Mr. Bolin said in 2001 when the transportation chapter of the prepared, the portion of Old Central that was adjacent to the pro ose City's Comprehensive Pian v�,a� �amed 8,000 vehicles per day. At that traffic level, it was onl c for which the roadway was designed. The Comprehensiv p d senior condominiums over 10,000 vehicles per day by the year 2020. The y�ing 57 percent of the traffic e Plan anticipated Old Central c increases. At 10,000 vehicles per da numbers were based on projected popU�ion of the maximum Y, Old Central would be c amount of traffic for which the roadway wa ldesaPnedXjmatel 71 consultants determined there would be 165 tri s er da y Percent traffic generated b P p g The developer's y a retirement communi Y which was similar to the per day likely fell between 165 t� S �'� `�'hich might be too low. �O�t of trips generated by the P per day generated by the retireme teco e n�ber of trips typical residential condominium complex. ��n' and 322 �'. Bolin said the Plannin Co added a stipulation that required the de el p rdto plantl a de�n line and that the developer share the new l�ds g on November 5, 2003. �ey landscaped plan included leaving some existin lonal large trees along the property cape pian vvith the neighbors. 8 to 12 feet in height. g trees and pianting 10 additional evergreenetrees, The developer indicated that he had attempted to meet �vith the a' property o�ers late last week. Staff recommended approval of the re stipulations as follows: d�oining zoning request with 25 2 Property to be developed in accordance with site plan, sheet C2- by Loucks McLagan Engineering firm. 1, dated October 29, 2003, Petitioner to obtain all necessary pe�its prior to construction 3• Petitioner to meet the attached comrnents from the Fire Marsha 4• Petitioner to meet all buildin il g and ADA requirements. 5• Exterior remodeling pians for Sandee's to be reviewed and a issuance of a building permit. Pproved b y City staff piror to � 7 � Patio on the north side of Sandee's to be removed prior to issuan the senior complex. ce of a building pe�it for Petitioner to provide clearance letter from the State Historical Pres demolition of the Tamarisk building. ervation Office prior to the Existing Sandee's signs in the right-of-way shall be removed rior pe�lt' P to issuance of a building No business signs shall be located within the County right-of-wa right-of-way to be approved by the County prior to planting. Y• Any pianting within the � � FRIDLEY CITY COUNCIL MEETING MINUTES OF NOVEMBER 24, 2003 PAGE 9 10. Petitioner to obtain a permit from Anoka County for any work done within the County right- of-wav. 11. Restoration of bike path along Central will be required after completion of senior complex. 12. Petitioner shall identify ponding area and provide easements for stormwater run-off and management. 13. Storm pond maintenance agreement must be filed prior to issuance of building permits. 14. Petitioner shall obtain any required NPDES permit and provide NUR.P ponding for entire site. 15. City Engineering staff to review and approve grading and drainage plan prior to issuance of building permits. 16. Landscape plan to be reviewed and approved by City staff prior to issuance of building permit. 17. Petitioner to pay any required Park Dedication Fees. 18. Petitioner to provide City with a copy of the building's association documents prior to issuance of a building permit. 19. Building to be restricted to seniors and policies to do such shall be outlined in association documents. 20. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 21. Property owner of record at time of building permit application, to pay all water and sewer connection fees prior to issuance of a building permit. 22. The petitioner to provide a tra�c study that is approved by the County prior to issuance of a building permit. 23. The petitioner shall be responsible for the cost of any traffic improvements necessary to accommodate the traffic generated by the development including signalization or other improvements, if determined necessary by Anoka County. 24. A development agreement outlining the developer's obligation to install utilities, etc., will be _ prepared by the City and shall be signed by the Petitioner prior to final plat approval. 25. The petitioner shall work with City staff and the neighbors to come up with a screening plan ' to provide adequate screening consisting of adult trees and other creative decorative FRIDLEY CITY COUNCIL MEETING MINUTES OF NOVEMBER 24, 2003 PAGE 10 screening between the proposed development and the neighboring properties prior to the City Council meeting on November 24, 2003. Mr. Bolin said the proposed rezoning was consistent with the Comprehensive Plan and it provided additional housing opportunities for Fridley seniors. Staff recommended approval of the preliminary plat request subject to 25 stipulations. Councilmember Barnette asked how common it was for a petitioner to make a rezoning request for more land than what was going to be used. Mr. Scott Hickok, Community Development Director, said it was not that typical. In this case, there was a mix of zoning along that segment of Old Central Avenue. They have asked to have the zoning in that entire segment match the zoning that was designated in the land use plan of the Comprehensive Plan. As long as they had the concurrence of the adjacent property owners, they could do that. Councilmember Barnette asked if they had any indication or request from any other developer on any other kind of development in this area. Mr. Hickok said he was not aware of any other development. Councilmember Wolfe said he had a problem with calling the development a retirement community. He also had a problem with the traffic issue because people who were 55 still worked. He asked if the developer met with the residents and wanted to know how the rezoning worked. Mr. Hickok the S-2 rezoning was the ultimate discretion because not only were they approving the site plan which served as the master plan for the north half of the block, but the south half of the block would remain questionable. It would take a master plan review and approval by Council to initiate any sort of project there. It matched the goals and redevelopment objectives of the Comprehensive Plan. Councilmember Wolfe said they discussed the Comprehensive Plan and the vision that the neighbors had. He had received many telephone calls from people and it sounded like none of them were part of the vision. He thought it would have an incredible affect on traffic. He asked when the traffic studies were done. Mr. Bolin said the traffic engineer's manual was the fourth edition which was printed in 1987. They are now in the process of updating the manual. Councilmember Wolfe said the manual was 16 years old. He thought this project would have a huge affect on the neighborhood. � Mr. Hickok said they encouraged Council to look at the traffic numbers for the all-age � condominum. It was important to understand that this manual was put together not with a random sample of a couple different units. That was the best manual available. - FRIDLEY CITY COUNCIL MEETING MINUTES OF NOVEMBER 24, 2003 PAGE 11 Councilmember Wolfe said more people are driving today. Councilmember Billings asked if the 322 number of vehicles per day was for condominium, residential, no restriction on age. �, i�1r. Bolin said correct. Councilmember Billings asked what it was for a typical single family home. � Mr. Bolin said 11 almost 12 trips. Councilmember Billings asked why there was such a difference between the rivo. Mr. Hickok said the ITE statistics were not speculative or projected. They were based on statistical data. Councilmember Billings said so using the 322 figure rather than the 165 was a more generous amount of traffic. He said the S-2 zoning was a special zoning, so any construction that would take place on any of the lots would have to go before the City Council. He asked if extensive remodeling could be done. � Mr. Hickok said any change to the site plan would be part of a master plan amendment that would need to be reviewed by the City Council. Councilmember Billings said under the rezoning, the sites would have to go through the same process that Town Center Development was going through. There would be a greater opportunity for the neighbors to know what was happening on those sites. Mr. Hickok said that was correct. Councilmember Bolkcom said with respect to the traffic study, it did not matter if it was a one or two bedroom unit. Mr. Bolin said it was broken down by unit type, such as condominiums versus townhomes. Councilmember Bolkcom asked what the most recent traffic counts were for Old Central and Mississippi Street and if they were readily available. Mr. Jon Haukaas, Public Works Director, said they had them from 2001. ' Councilmember Bolkcom said she was mystified that the traffic engineer manager from Anoka County said that it was not clear whether or not the development would have a significant impact , on traffic volumes or turning volumes. Mr. Hickok said it was like a disclaimer. They were doing their best based on the information - they had. ■ FRIDLEY CITY COUNCIL MEETING MINUTES OF NOVEMBER 24, 2003 PAGE 12 Councilmember Bolkcom said they had the traffice volume numbers for Mississippi and Central, and they would know how many trips were generated by this type of development. Mr. Bolin said that he thought the County staff was trying to say that they knew what the traffic counts were, without a more thorough analysis and more detailed information, they would only be speculating. Councilmember Bolkcom said they did want more right-of-way. Mr. Bolin agreed. Ms. Tara Schaefer, 6391 Central Avenue N.E., said the project would be across the street from her home. She worked at night and slept until late morning and this would interrupt her sleep for two years, at least. She said there was a statistic of 10,000 cazs a day on Old Central. She had two very small children. There were many near accidents on Old Central. She asked what would happen if there were not enough seniors for the complex. She wanted to know if it would be opened up to other people. Mr. Randy Johnson, 6336 Pierce Street N.E., asked if the project was going to be built no matter what was said. He said he thought they could only fight the height of the buildings. Mayor Lund said no decision had been made. It was just a public hearing. Councilmember Barnette said they were there to listen. Mr. Johnson said he did not want the project. He had two small children and Pierce Street was like a raceway. He asked how much traffic it would bring to the community. Councilmember Barnette asked Mr. Johnson if he thought the building on Central Avenue would affect traffic on Pierce. Mr. Johnson said he did. He said if the building did not fill up, they would let younger people move in. Councilmember Barnette said he asked that question at the Planning Commission meeting. He said when they took out the building permit, the building had to be for 55 and older and had to be owner-occupied. Mr. Johnson asked about the area south of the project. Councilmember Barnette said he asked if there were any plans for the area south of the project, ' and the answer was no. Mr. Johnson said it would bring commotion to their area. He said he picked the area because it t~ was a small community. The only choice was for him and his family to move. FRIDLEY CITY COUNCIL MEETING MINUTES OF NOVEMBER 24, 2003 PAGE 13 Ms. Teresa Gibson, 1255 — 66�' Avenue N.E., said she lived north of the project. She said she drove up Channel Road and turned left on Mississippi in the morning during rush hour and it was dicey at best. She said there was an entrance from the project on to Mississippi and she did not think this would be an improvement to the area. There were some apartments on Channel Road, and they were a problem. In some of the literature she received, a future proposal for a 100-unit apartment complex across the street was mentioned. Mr. Cash Burzynski, 6185 Heather Place, said he was not opposed for rezoning to improve the tax base. He asked the City to measure the traffic that currently existed on Old Central Avenue. It was hard to get on to Old Central between 7:00 a.m. and 8:00 a.m. and between 4:00 p.m. and 5:00 p.m. in the afternoon. There was a lot of traffic from Medtronic. They were told originally that HiDhway 65 would be the main highway. Old Central has now become another highway. Not only passenger cars are using it, but heavy trucks. He said if the property was rezoned, it would not be long for the people at Ziebart or Advance Carpet to want to change and build condominiums or apartments. Councilmember Wolfe said Onan and Murphy were also in the azea. Mr. Jim Rusinak, 6412 Pierce Street N.E., said once a precedent was set it became easier. In the area he lived in, there was no access to any parks without crossing major roacis. He said there was one issue that had not been addressed and that was visitors. He asked about parking and whether the roads in the area would become overflow parking. There was a stipulation that the current owners had to abide by a stipulation that the residents had to be 55 or older. He asked what would happen if the owners sold to someone else and if they would be required to follow the same stipulation. Mr. Hickok said the project was a 55 or older project and would be filed as such. Mr. Mark Schwartz, 1372 - 64`�' Avenue N.E., said he had concerns about any development in that area with respect to drainage. Drainage has been an ongoing problem. When the credit union was built, the problem got worse. He asked what would happen if Ziebart or Advance Carpet were rezoned and if someone could buy the property and make a request to build condominiums. Attorney Fritz Knaak, City Attorney, said there would be less discretion if it were zoned something else. Everyone had to be treated the same by the City, but this particular type of zoning was developed specifically to provide greater discretion by the City in the case of larger proj ects. Mr. Schwartz asked if in his opinion the developer would come back with a lawsuit. Mr. Knaak said he could not say whether someone would sue. He said for him it was a question of how defendable the City's position be. It would be far easier to win that kind of lawsuit with a S-2 type of zoning than it would be with other kinds of zoning. FRIDLEY CITY COUNCIL MEETING MINUTES OF NOVEMBER 24, 2003 PAGE 14 Mr. Schwartz said at the Planning Commission meeting it was stated that a six-story office building could go there with the current zoning, but logically, it would probably not be built. He did not like the height of the building. There were no other buildings in that area that were that height. There were 1%z and 2 story buildings and single family homes in that area. He asked if they were to receive a notice if they were within 350 feet. He did not receive a notice for the Council meeting and no one else did. Mr. Hickok said no mailing was made. Mayor Lund said the mailing would have been before the Planning Commission meeting pursuant to State law. � Mr. Schwartz said in the future, the distance should be extended to more than 350 feet. Mr. Knaak said it was pursuant to State law, but that was a minimum requirement. Mayor Lund asked if it could be eXtended. Mr. Knaak said if they chose to do so in and beyond all the other notices that were provided. He pointed out that if they failed to do that, it was not a basis for denial and it did not cause the procedure to fail. It was just additional notice that the statute required. Councilmember Wolfe said it had been discussed before. Mr. Schwartz said it seemed like it was being done hush-hush, instead of letting the people who owned property in the community and lived there know what was going on. Ms. Joan Olson, 6320 Van Buren Street N.E., said she was not personally affected by the project, but her son was. She asked how much property had been rezoned to S-2 in the last 3%2 to 4 years. Mr. Hickok said he would make that information available. Ms. Olson asked why the map she had received had not been revised since January of 2000. If the property was zoned to R-3, would it be put on that land. Mr. Hickok said the project was built to R-3 standazds even though they asked for a S-2 rezoning. Ms. Olson said she was against it and thought it would be detrimental to the neighbors. Mayor Lund asked if there were updated maps. Mr. Hickok said they had updated maps. � Mr. Haukaas said they tried to have maps printed out at all times and they had current maps. - FRIDLEY CITY COUNCIL MEETING MINUTES OF NOVEMBER 24, 2003 PAGE 15 Mr. Joe Randall, 1210 Mississippi Street N.E., said he had lived at his address since 19�3. Traffic had grown tremendously. Several requests far zoning had also been turned down along Mississippi between Old Central and Highway 6�. He said he could not get out of his yazd between 4:00 p.m. and 6:00 p.m. You could talk about statistics, but when you lived in the area, you saw things first-hand. He asked where the concern was for the people who lived in the area. They have maintained their properties, paid their ta.ces, and raised their kids. The project was for seniors, but he asked where they would get the money to live there. Mr. Charlie Kocourek, 6330 Arthur Street N.E., said people have talked about tr�c and zoning, and it was said that the long-range plan was for higher density housing in the area. He said the question was high density housinQ, not the zoning. Ms. Dorothy Pehl, 1260 Mississippi Street N.E. said she did not object to the building. The traffic would be a problem. One of the things the bothered her was that they said the neighbors in the area would be contacted, and no one had tried to contact her. She said they also had a sewer problem that needed to be addressed. They have talked to staff and the problem had been ignored. She asked what would happen if the new building came in and they had problems. Councilmember Billings asked Mr. Haukaas to check on the matter. Mr. Hickok said Mr. and Mrs. Pehl talked with them about one month ago. Staff did some research and responded two weeks ago. They indicated that they would be present at the meeting to ask Council to revisit the issue. Councilmember Bolkcom asked what staff s response was. Mr. Bolin said he spoke to Mr. and Mrs. Pehl after the Planning Commission meeting. He said they found that nothing had changed since 1992. The pipe was there and the as-built drawings they had on file showed a 30-foot easement. He said they could not find any more recent records regarding the easement on the pipes. He told them if he found any additional information, he would get back to them. He indicated that staff had not found any additional information. Ms. Pehl said no one had gotten in touch with them. Their initial request was to fill the sewer with cement and pipe it the way it should have been done. She said they were told they could not get the permit unless they signed an easement. They had all the records. The value of their property had dropped because they now had to disclose the information. Mayor Lund asked staff to come up with a solution and to contact Mr. and Mrs. Pehl. Mr. Tim Byrne, 6053 Woody Lane N.E., said the area was commercial and industrial. He did � not think any of the people in the area had a say in the Comprehensive Plan because not a single person had said this was what they wanted. It was improperly zoned. He thought it was - misleading to say that there could be a six-story office building there. There would not be any six-story office buildings. He asked how they could rewrite the Comprehensive Plan. The people in the area did not want a high-density housing corridor. Commercial and industrial was ' fine. It was his opinion that S-2 was a way of getting around the zoning law. He said nothing FRIDLEY CITY COUNCIL MEETING MINUTES OF NOVEMBER 24, 2003 PAGE 16 was being redeveloped. With respect to trafFc, at certain times of the day, EMTs and fire personnel could not get through the traffic on Old Central. Someone needed to physically go to Old Central and look at the traffic. N1s. C. J. Smith, 6430 Dellwood Drive N.E., said she was worried about left turns. The projected development had two driveways coming out on to Central Avenue. Anyone who wanted to go north would have a hard time making a left turn. That was where the increase of traffic on Pierce Street would come from. People would be turning right and going around the block. She said it would also affect the people by Moore Lake. Ms. Susan Hall, 1491 Rice Creek Road N.E., said she was for redevelopment, especially in the area she lived. She felt uncomfortable with the S-2 zoning district, especially rezoning it beyond the project area. It did not seem to fit the neighborhood. She asked how the area would look when it was completed and if there were any design standards for the area or the overall corridor. She wanted to know what the vision for the area was. If it was going to be high density housing, it should be rezoned for that. Mr. Curt Olson, 1385 — 64`t' Avenue N.E., said a majority of the residents on 64`�' own one-acre lots. He was concerned about the lights from the complex shining into his yazd. He said he was in the process of putting a major addition on his house, which he would not have been doing if he had known what was going to be built. If the project was going to go through, people would like to see the building shortened to three stories. The developer sent a revised site plan and their idea of what the Planning Commission called mature trees was apparently 8 to 12 foot pine trees. There were no four story buildings in the neighborhood and they did not want to see it. It was detrimental to their neighborhood. Ms. Rhonda Rusinak, 6412 Pierce Street N.E., said the project would be in her front yard. There was already high density in the neighborhood. They were concerned about traffic when Moore Lake Commons was added. They tried to put up a sign to keep traffic out of the neighborhood which did not work. The neighborhood had absorbed the traffic, but 55 additional homes in this area would make traffic even worse. She was concerned about the value of her home. She was very disappointed that this was even thought about. Ms. Andrea Olson, 1385 — 64�' Avenue N.E., said she did not have a problem with the senior housing portion of the project but asked if it had to be a high-rise building. High-density housing was definitely an issue. People have spoken about the Comprehensive Plan and the fact that it appeared that they did not have much input. T'his was something that needed to be addressed. It was being used as a guideline and the neighborhood did not vote for it. Traffic was a concern. Mr. Roy DeMars, 1464 Mississippi Street N.E., said the project would not fit into the neighborhood. They would be setting a precedent if they approved the project. He said high ' density was not right. � Ms. Jean Schwartz, 1372 — 64`h Avenue N.E., said she was not opposed to senior housing, but she believed they would be setting a precedent with a four-story building in this area. She asked why they needed more high density housing in Fridley when the two-bedroom apartment - �� FRIDLEY CITY COUNCIL MEETING MINUTES OF NOVEMBER 24, 2003 PAGE 17 vacancy right now ran between 12 and 16 percent. Rezoning to S-2 was a major issue. People purchased their property knowin� what the zoning cunently was. It had been said that S-2 zoning would give the City more controL It might give the City planning department and the City Council more control, but it gave the citizens almost none. They could go to Planning Commission meetings and City Council meetings, but most of what they said was dismissed. It took control away and also took the burden of proof off the developers. The Comprehensive Plan did not match with what the citizens wanted. 1�1r. Tom Myhra, 6360 Able Street N.E., co-chair of the Concerned Citizens of Fridley, said before the Planning Commission meeting he received a call about the development on Old Central Avenue. He went to the area and talked to some of the residents, and no one had heard a thing. He spoke with Mr. Hickok and asked why the residents had not been informed. Mr. Hickok told him it was going out. People should have been informed earlier. Many people have talked about the Comprehensive Plan and the Concerned Citizens of Fridley was working on that. Mr. Virgil Okeson, 1423 — 64�' Avenue N.E., said he agreed with a lot of things that had been said at the meeting. He did not have anything against senior housing, but he had experienced the problems his neighborhood had in getting on Old Central in the morning and the latter part of the day. He was concerned about the additional traffic. Also, the driveway for the facility would probably be straight across from 64`h Avenue and the height of the building was too high. It did not fit into the neighborhood. Mr. Richard Whinnery, Town Center Development, said they were at the meeting to make a presentation. Mr. John Klick, Klick Inter Arch Designs, said he was the architect for the project. The proposed project, 55 senior condominium units, not only contained the condominiums, but each floor also contained a common area, there were walking paths around the site, and the parking lot was landscaped. The south part of the site was an open area used for the water retention pond. There were also water gardens along the area by Old Central. There were over two parking stalls per unit. Mr. Klick described the site plan and the proposed drawings for Sandee's Restaurant. Mr. Klick said that one of the concerns brought up was about parking. The present zoning of C-1 and C-2 allowed for a variety of other uses, some with special use permits. There were some uses that could go into the site without having to be rezoned or have City approval, such as an office building. The impact of that type of use would be greater. People were talking about the traffic in the morning and afternoon. An office building at that location would make the traffic problem worse. . Mr. Whinnery said when they were originally contacted about doing the development, they did look the site for many other uses, but they felt it would be better for the community if they kept Sandee's Restaurant and put a senior complex next to that. If they had put an office building - there, it would not have had to be rezoned. The reason for the S-2 rezoning was that they felt it FRIDLEY CITY COUNCIL MEETING MINUTES OF NOVEMBER 24, 2003 PAGE 18 would be better for the whole area to have the control. A senior building could go on that site with the current C-2 zoning. The only thing needed was facilities to do some care work. The building would not be rental under any circumstances. A study was conducted on the idea of rental versus ownina, and the results showed that there was a very big need in this area for a - senior building. Seniors were great neighbors. With respect to the traffic count, they were told by the engineers who did the traffic study, that the traffic count was below 8,000 cars. The study � was conducted in 2001 on Central Avenue N.E. It was somewhere around 7,000/7,500 on Mississippi. This area was zoned C-1 and C-2 over 20 years. He believed this project would - have the least impact. With respect to the property across Central Avenue, as far as he knew, there were no permanent plans. With respect to the water situation, he said they went to the watershed district and got their approval. They put in an extra large pond and rain gardens to + make sure they did not change the flow of water into someone's back yard. The only other thing ' they could do was to put in a berm. If they did that, they would lose some trees. He said they I wanted to be a good neighbor. With respect to Tamarisk's building, they planned on moving it, if it could withstand the move. The building had been moved once before. They called the historical society and were told that it was not a historical building. Councilmember Wolfe asked how many underground parking stalls there were. Mr. Klick said 51. Councilmember Wolfe asked about outside parking. Mr. Klick said there were 4 garages and 70 additional surface pazking stalls. Councilmember Wolfe said there would be 15 additional spots. He said there had been other projects and what had happened was the Planning Commission and Council had said that once it was there the residents would get used to it. He said that did not happen. Mr. Whinnery said the national average was one car per unit. He said they found that in a senior building they do not have the extra cars. Mr. Klick said there would be very few people in the building who where 55. Most would be 65 to 75 years old. Councilmember Wolfe asked who approached them for the project. Mr. Whinnery said the City did not approach them. They found the site and it was for sale and they approached the owner of the property. Councilmember Wolfe said that at the Planning Commission meeting, Mr. Whinnery was asked to hold a meeting with the neighborhood. Mr. Klick said the meeting was to provide the neighborhood with information with respect to the .� different trees on the west side of the property. FRIDLEY CITY COUNCIL MEETING MINUTES OF NOVEMBER 24, 2003 PAGE 19 Councilmember Wolfe asked if that was done. Mr. W1linnery said that one of their staff inembers went and knocked on the doors of all the houses that abutted the west side of the property and gave them a flyer and layout. They did it last Thursday between the hours of 8:00 p.m. and 9:00 p.m. They alsa mailed a letter and a copy of the site plan to 300 residents in the area. Councilmember Bolkcom asked when that was done. : Mr. Whinnery said Friday morning. They were asked to do this two weeks ago. He told the Planning Commission that they could not get it all done within a two-week period of time. Mr. Klick said there was no requirement to send out the 300 letters. The requirement was to talk to the neighbors to the west. Mr. Whinnery said that was what they understood but after talking with staff, they got it out to everyone. Councilmember Bolkcom asked how many property owners they contacted on the west side of the property. Mr. Whinnery said they went to eight properties. Councilmember Bolkcom asked how many they actually had conversations with. Mr. Whinnery said about 50 percent. Some did not want to talk with them. They talked about having a meeting earlier this evening, but they felt they got everything out to everyone. Councilmember Bolkcom said it was hard when someone came knocking on your door at 8:00 or 9:00 at night to have a conversation. She said the landscaping as they presented it would not be in the right-of-way. Mr. Whinnery said some trees would have to be removed depending on what was done on Mississippi. Councilmember Bolkcom said there were some questions about the entrances. Mr. Hickok said initially there were two access points on Mississippi and they recommended that they go down to one. With respect to Old Central, those were the locations they submitted. No modifications were made. Councilmember Bolkcom said there was a lot of talk about traffic volume and the numbers were from 2001. She asked if they intended to do anything yet this year. Mr. Whinnery said the clock was ticking on the agreements they had. FRIDLEY CITY COUNCIL NTEETING MINUTES OF NOVEMBER 24, 2003 PAGE 24 have 315 parking stalls. Petitioner asked to use a 1 to 400 square foot ratio for a furniture store only which would require 118 parking stalls. This would reduce the number of parking stalls needed by 197. Ms. StromberQ said that Ashley Furnitt�re and Furniture Outlets completed an internal parking study of their fourteen Nlidwest stores. Their research found that hourly parking counts ranged from 0 cars to a maximum of 76 cars. Overall, their research showed that a ratio of 1 parking stall for every 400 square feet of furniture retail space would be more than adequate to accommodate customer and employee parking. The petitioner also hired a RLK Kuusisto, Ltd., a private engineering and planning firm, to do a parking analysis. Their analysis focused on the total parking demand for the store and was estimated based on data contained in the Institute of Transportation Engineers' (ITE) parking generation table and on the information provided by Furniture Outlets' fourteen stores. Their study indicated that in the PM peak hour, the site was only estimated to generate approximately 20 trips or 10 cars. The ITE recommended that furniture stores provid %z parking spaces per 1,000 square feet of gross floor area, which would require that this building have 57 parking stalls. The petitioner also surveyed a number of communities in the metropolitan area to determine parking requirements. City staff also surveyed cities in the metropolitan area as well as cities around the United States. Of the 22 cities surveyed by petitioner and City staff, 16 had specific parking requirements that required 1 parking stall for every 400 square feet or more of furniture retail space. Some of the neighboring communities that fell into that category are Blaine, Coon Rapids, Maple Grove, Osseo, Plymouth, Robbinsdale, Roseville, and New Brighton. Ms. Stromberg said if the zoning text amendment was granted, the property would be in compliance with all zoning code requirements. There was 47,200 square feet of showroom space, which would require 118 parking stalls at l stall for every 400 square feet. There was 94,786 square feet of eYisting warehouse space and petitioner proposed to add an additional 46,336 square feet which would require 71 parking stalls. Total pazking required on the site would be 189 stalls. The petitioner showed 192 stalls on their site plan. Ms. Stromberg said with respect to the special use permit analysis, petitioner requested a special use permit to increase the lot coverage requirement from 40 percent to 48 percent, to expand the existing building to be used as additional furniture warehouse space. The existing property was 391,468 square feet and the existing building was 141,986, which met the allowable 40 percent lot coverage requirement. The petitioner planned to construct an additiona146,336 square feet of warehouse space which would increase the lot coverage to 48 percent. The City Code required that a special use permit may be granted as long as the property met all other code requirements. The only requirement that was not met was the parking requirment, but granting the zoning text amendment would bring the property into compliance. Ms. Stromberg said the Planning Commission recommended approval of the zoning text amendment and the special use permit request at their November 12, 2003, meeting. The Planning Commission required that petitioner contact staff to insure that the site plan met the required parking stall width and that they submit a new site plan prior to the City Council meeting. As of Friday, November 21, City staff was prepared to recommend tabling this item because petitioner's architect had failed to submit an accurately drawn site plan within a timely 0 FRIDLEY CITY COUNCIL MEETING MINUTES OF NOVEMBER 24, 2003 PAGE 25 manner. Since then, the architect had submitted a plan and staff had a chance to review it. The new plan did meet the parking stall width requirements. Ms. Stromberg outlined the new site plan: She showed the areas where the 10-foot wide parking stalls would be located for the retail space. She mentioned the curbing line along the southeast side of the property and said it currently eYtended over the property line. She said the petitioner could consider getting a variance to reduce the property line to 0 feet, receive some kind of easement from nei�hboring property owners to allow the curb to extend over the properry line, buy additional property, or possibly clip the edge of the building in order to meet the parking requirements. The fire marshal did require a 20-foot driveout to be able to get fire trucks through. Ms. Stromberg said that staff recommended approval of the zoning text amendment and the special use permit request with siY stipulations. Mayor Lund asked what they were going to do about the curbing problem. Mr. David Baillie, Furniture Outlets USA, Inc., said they had spoken with Mr. Rudy Boschwitz of Home Valu and they had an agreement with them. Mr. Boschwitz also sent a letter that said he would sign what was needed. Mayor Lund stated the letter said they were happy to have Furniture Outlets as a neighbor. Mr. Wendell Smith, consultant for Furniture Outlets USA, said he met with Gerry and Rudy Boschwitz. Mr. Rudy Boschwitz said he would do anything he could to make sure the project went through. MOTION by Councilmember Ann Bolkcom to receive the letter dated November 6, 2003, from Mr. Rudy Boschwitz. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Ann Bolkcom to receive a cover letter and proposed Firelane Easement Agreement from Vance R. C. Goldammer of Murphy, Goldammer & Prendergast, LLP. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Ann Bolkcom to receive a three-page ordinance amending Chapter 205 of the Fridley City Code. Seconded by Councilmember Billings. � UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING MINUTES OF NOVEMBER 24, 2003 PAGE 26 Councilmember Bolkcom asked how many nine foot and ten foot parking stalls there were. Mr. Smith said there were 18 ten foot and 71 nine foot. Councilmember Barnette asked if about 5� employees would be there at any one time. Mr. Smith agreed. Councilmember Barnette said they would use the nine-foot stalls. Mr. Smith agreed. Councilmember Billings said if they received an easement from Mr. Boschwitz would they still need a zero lot line variance. Mr. Hickok, Community Development Director, said that would be one option. Councilmember Billings said even with the easement they would not be set back the required length. Mr. Smith said in the agreement with Home Value, there was also a no-build zone for that corner. Mr. Hickok outlined the no-build zone. He said there needed to be 60 feet of open space for building code purposes around the building. In addition, there was the actual 20 feet to maneuver the fire vehicle around the building and 5 feet of green space that was necessary between the curb and the property line. Mr. Smith said they wanted to move forward with the project. Mayor Lund said the public hearing was for the reduction in parking stalls and the special use permit. They would need to prepare an application for a variance. Mr. Michael Diem, the azchitect for the project, said the fire lane was added as a result of a comment that was made by a Planning Commission member. He said they decided to pursue a shared emergency fire access agreement with Home Valu. He did not see it as a variance. Mr. Hickok said the City would require a variance. He said the Building Official was concerned about the lack of interest about this particular point. Staff had expressed concern about this issue on numerous occasions. He said if they wanted to break ground, their best option would be to clip the corner of the building off. Councilmember Billings said the corner of the building was the existing building that was there. . Mr. Hickok agreed. � 0 FRIDLEY CITY COUNCIL MEETING MINUTES OF NOVEMBER 24, 2003 PAGE 27 Councilmember Billings said any eYpansion they planned on doing they could do with or without this particular variance. They just needed to identify that they would do one or the other prior to the issuance of the building permit for the other side. Mr. Hickok said they could not issue permits. There were a lot of building code and fire code issues relative to distance from property lines and the ability to access the building from certain directions. This was not a minor issue. Councilmember Billings asked if that could be a condition of the building permit and that a certificate of occupancy would not be issued for the addition until such time as they get it resolved. Mr. Smith said when they went through the Planning Commission, it was subject to fire and building codes. He said they had been working with the Building Official. NIr. Hickok said the issue had not been resolved and he thought it needed to be discussed with the Fire MarshaL Councilmember Billings said there was a stipulation. He said it was possible that a building permit could be issued contingent upon the options on the corner being resolved and that no certificate of occupancy would be issued for the new space until such time as it was resolved. Mayor Lund said it would not be resolved unless they applied for the variance. Mr. Smith said they would be willing to work with the Fire Marshal. He said they were about 6 inches shy of making it work per code. It measured 19 feet 6 inches. The fire lane required 20 feet. Mr. Hickok said it was a 5 feet 6 inches. There was a 5-foot setback required between the curb and the property line. Mr. Lee Coppy, the project engineer, apologized that this issue was not addressed. Given the fact that there are different options, he thought they could cut off a piece of the corner of the building to make it work. Attorney Fritz Knaak, City Attorney, said the issues was whether the code was being complied with. If you are at the point where a building permit was issued and it all boiled down to whether a certificate of occupancy was going to be issued, if the City said the issue was not resolved, the petitioner could say well we have gone this far. They could go to Court to compel the City to issue an occupancy permit. The City's position would be far less stronger than it was � at this point. The bottom line was whether there was going to be compliance. He was suggesting that the further down the line they went towards the certificate of occupancy, the _- weaker they would be making the position of the City. Councilmember Bolkcom asked him what he suggested. FRIDLEY CITY COUNCIL MEETING MINUTES OF NOVEMBER 24, 2003 PAGE 28 Mr. Knaak agreed with staff. Petitioner needed some kind of variance or some other method to resolve the issue. He said there was apparent non-compliance with the City Code and he questioned whether the City could legally issue a building permit. He did not think the City could issue a building permit under those circumstances until they were resolved. Councilmember Billings asked if the issued could be resolved by signing an agreement between the petitioner and the City. Attorney Knaak said it could. Councilmember Billings asked if that would weaken the City's position or hold the City at status quo. Attorney Knaak said it would hold the City at status quo. Councilmember Billings said they could have a development agreement that said they agreed that they would get the issue resolved. Mayor Lund said he was concerned that the issue had not been dealt with. Mr. Hickok said it had been a concern since the beginning of the project. Councilrriember Bolkcom said she was concerned because the information they had said there was no survey and a survey was received this afternoon. She said now they hear that there are issues and there had been for some time. Mr. Hickok said staff explained to the developer that there were building code issues. If they had received a plan eazlier, they could have voiced their concern and put it in their staff report. Council would have had the information. He wanted to put staff's concerns on record so that it would help get a project they could work with. Councilmember Barnette said he received a telephone call from Mr. Smith who called regarding the parking issue. He said he did not know anything about the other issue. Mr. Smith said when the request was approved at the Planning Commission meeting, the contingency was that they meeting building and fire codes. They were working with the building official and working on fire access issues. Councilmember Billings asked if it was similar to the Northco project. Mr. Hickok said it was. He said there was a difference of opinion on what was really needed. ' Stipulation No. 6 was something they thought they could work. He said they needed to make it cleaz that they did not want to debate the matter. The building was not up to code. They needed to trust the Building Official's decision over what was being said on the design issue by the � architect. FRIDLEY CITY COUNCIL MEETING MINUTES OF NOVEMBER 24, 2003 PAGE 29 Dr. William Bums, City Manager, asked what changes they would make in the way of additional stipulations in this matter. He asked if the City needed to insist on a variance. NIr. Hickok said he would recommend that before the second reading of the ordinance on the text amendment, the building code issues be worked out satisfactorily. Councilmember Billings asked how that impacted petitioner's ability to start digging. Mr. Hickok said typically they did not like to issue a footing only permit. They need to understand that it was at their risk. Mr. Smith said the Building Official would not issue a footing and foundation permit without a mutually agreed upon code review. Mr. Coppy asked if they would meet the requirements for a variance. Councilmember Bolkcom said it would not be before Council until January. Mr. Coppy asked if that corner of the building was the only building issue they were talking about. � Mr. Hickok said he did not want to answer building code questions at this meeting. He said it was a big issue that impacted other issues within the complex. Mr. Coppy said if the building could be opened if left it exactly as it was. Mr. Hickok said they were changing the use and modifying the building. Mr. Baillie said they were not changing the use. Mr. Coppy asked if this could be approved on the conditions that they met the Fire Marshal's requirements and the requirements of the building code. Mr. Knaak said there was one solution. They could chop a corner off the building. If they would like to subsequently come to Council with a modification and a proposal for a variance amendment that would allow them to complete the corner, that would be something Council could consider. Mr. Smith said there was one other option. He asked if it would be possible to have a cross- access easement. Mr. Knaak said the issue was a zoning issue and had to do with property lot lines. Cross- � easements did not qualify. If they purchased some of the Boschwitz property, that would solve � the problem. It could be a complicated issue because it would need to be replatted. He said the simplest solution would be to chop a corner off the building. FRIDLEY CITY COUNCIL MEETING MINUTES OF NOVEMBER 24, 2003 PAGE 30 Councilmember Billings said if they came in with that proposal and subsequently it was determined that there was another alternative, they could then put in the paperwork for the other alternative and amend their plan. Attorney Knaak said the further away from approval you got, the mare difficult it became to defend the City's position. Dr. Burns asked the City Attorney if he had a problem with passing the special use permit request at this meeting with the understanding that Stipulation No. 6 needed to be complied with. 0 Attorney Knaak said he did not as long as it was clearly understood. Petitioner needed to understand that the City Council understood what was going on. Dr. Burns said if Council passed this, it was incumbent upon the Petitioner to work with the Building Official and Fire Marshal to get the building and fire code issues resolved. If they did not have a building permit or get the issues resolved before the second reading, Council had every right to deny the request. Attorney Knaak agreed. Mr. Smith asked what second reading meant. Councilmember Billings stated that for an ordinance to become a final ordinance, there was a first and second reading held at different meetings. The second reading would apply to the zoning text amendment. After the second reading, it would need to be published. The parking amendment would not take affect until sixty days after the date of publication. Mr. Smith said they only had one issue. In order to get a permit, they needed to get the other issue cleared up. The only issue they really had was satisfying the fire access issue. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 15. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 205 OF THE FRIDLEY CITY CODE PERTAINING TO S-3, ONAWAY DISTRICT, SCREENING OF SOLID WASTE. MOTION by Councilmember Bolkcom to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE � MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING MINUTES OF NOVEMBER 24, 2003 PAGE 31 Mr. Scott Hickok, Community Development Director, said this was for an ordinance screening solid waste. It was a housekeeping issue that cleaned up dumpster enclosures. It was an ordinance amendment to Chapter 20� of the City Code. The change in the code would not require screening of solid waste containers located within the alleyway in the Onaway District. During systematic code enforcement inspections in commercial and industrial districts, City staff concluded that industries in the Onaway District had unique hardships in screening solid waste containers. The hardships included not enough space to accommodate an enclosure, overhead wires, and utility box placement on the eYterior of buildings. In December, 2002, City sta.ff held an open house for Onaway District business owners to discuss various concern regazding the City Code. Staff and business owners collaborated to find a way that would provide relief to business owners from solid waste requirements. Current language stated that solid waste containers were not to be visible from the public right-of-way. Property owners in the Onaway District did not have space to accommodate the enclosures and/or had extenuating circumstances that prohibited an enclosure on the property. The proposed changes would allow Onaway District industries that did not have site conditions to accommodate site enclosures to be in compliance with the Fridley City Code. Staff recommended approval of the proposed ordinance amendment. Mayor Lund asked how the item was advertised. Mr. Hickok said because the matter was a follow-up and because it had city-wide implications, it was published in the newspaper. No individual notices were sent. Mr. Richard Harris, 6200 Riverview Terrace N.E., said he was a business owner in the Onaway District and in some of the abutting M-2 districts. He said he had lived in Fridley for over 50 years. He indicated that the notice in the paper was exceptionally small and hard to read. He received a letter from the Planning staff. He was able to speak to Mr. Hickok once about his situation and followed it with a letter. He came to City Hall and tried to speak with Mr. Hickok but he was unavailable. He spoke with Mr. Burns and asked him to give the letter to Mr. Hickok and told Mr. Burns that if there were any problems they could call him. He never received a telephone call. Councilmember Bolkcom asked Mr. Harris what he was referring to. Mr. Harris said he would read the letter. Mayor Lund said it was a different issue. Mr. Harris received a code compliance letter from City staff. He said he spent some time with Mr. Harris and spoke with staff. It was his understanding that everyone was in agreement. He said he told Mr. Harris to write a letter asking for an extension of time and that staff was willing to give him additional time. He asked Mr. Harris to ' make an appointment rather than just showing up at City Hall. Mr. Harris agreed to send a letter and agreed to comply with the code. If he needed more time, all he had to do was contact the . code compliance officer. � FRIDLEY CITY COUNCIL MEETING MINUTES OF NOVEMBER 24, 2003 PAGE 32 MOTION by Councilmember Billings to continue the public hearing until the second meeting in January, 2004, to let the people in the Onaway District know about the ordinance change. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE y I MOTION UNANINIOUSLY. NEW BUSINESS: 16. FIRST READING OF ��i ORDINANCE AMENDING CHAPTER 205 OF THE FRIDLEY CITY CODE PERTAINING TO S-3, ONAWAY DISTRICT, SCREENING OF SOLID WASTE. MOTION by Councilmember Bolkcom to table the first reading of an ordinance amending Chapter 205 of the Fridley City Code pertaining to S-3, Onaway District, screening of solid waste. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 17. SPECIAL USE PERMIT REQUEST, SP #03-19, BY DAVID BAILLIE, FURNITURE OUTLETS USA, INC., TO INCREASE THE LOT COVERAGE REQUIREMENT FROM 40 PERCENT TO 48 PERCENT, GENERALLY LOCATED AT 5353 EAST RIVER ROAD N.E. (WARD 3). MOTION by Councilmember Bolkcom to approve Special Use Permit Request, SP #03-19. Seconded by Councilmember Billings. Councilmember Bolkcom asked if the City Attorney was comfortable with the six stipulations on this item. Attorney Fritz Knaak, said based on the public hearing, he was. MOTION by Councilmember Bolkcom to amend the previous motion and approve Special Use Permit Request, SP #03-19 with the following six stipulations: 1. The petitioner shall obtain any required permit prior to the start of construction. 2. Final landscape plan showing size of planting shall be submitted and approved by City staff prior to issuance of a building permit. 0 3. The parking lot shall be restored to Code requirements for paving, curbing and painting after the addition is completed. . 4. No outdoor storage of equipment or materails is permitted. FRIDLEY CITY COUNCIL MEETING MINUTES OF NOVEMBER 24, 2003 PAGE 33 5. Screening of rooftop mechanical equipment shall be required. 6. Petitioner to comply with all building, zoning and fire code requirements. Seconded by Councilmember Billings. tiPON A VOICE VOTE, ALL VOTING AYE, NIAYOR LUND DECLARED THE NIOTION CARRIED UNANINIOUSLY. 17B. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 205, SECTIONS 205.13, 20�.14, 205.1�, 205.17, 20518, 205.19, 205.20 RELATED TO PARKING FOR A FURNITURE STORE USE IN THE COMMERCIAL AND INDUSTRIAL DISTRICTS. MOTION by Councilmember Bolkcom to waive the reading and approve the ordinance on first reading. Seconded by Councilmember Bob Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 18. ANIENDMENT TO THE SIGN PLAN FOR MOORE LAKE COMMONS WEST GENERALLY LOCATED AT 1001 EAST MOORE LAKE DRIVE (WARD 2). Mr. Scott Hickok, Community Development Director, stated that George Applebaum was the owner of the Moore Lake Commons West shopping center. He requested an amendment for the existing comprehensive sign plan to install a sign that was not in character with the rest of the building tenants. Chapter 214.14 of the City Code required all shopping centers with two or more tenants to have a sign plan. The current tenant hoped to sublease the location for three months. The primary lease was with Pawn America. The general specifications for the sign were prescribed by the complex owner. The sign plan was most recently modified in 1995. The current approved multi-tenant sign plan allowed for the following: "Temporary signs shall be limited to the use of banners or pennants and holiday signs in the tenants' interior window area for a use not more than 60 days within one calendar year and they should not exceed 15 percent of the window area or 25 squaze feet, whichever is greater." Three months was beyond what was allowed by the temporary sign regulations in the City Code. The owner of the complex did not want to devote all temporary sign allowances for this purpose. The complex was entitled to 4 temporary signs annually for a permit not to exceed 14 days each. Allowing a temporary sign under the premise that the business itself was temporary would be breaking new ground. Amending the sign plan would open the door to this type of use in the complex and would defeat the purpose of having the requirement for a uniform sign plan. Staff recommended denial of this � comprehensive sign plan amendment based on its inconsistency with the intent of the uniform sign appearance of the ordinance, the contradiction with the temporary sign code language, and ; the owner's desire not to use all temporary sign code opportunities on this one use. If Council chose to allow a temporary sign, staff recommended Council direct staff to modify the City Code to make this type of temporary sign universally accepted. If Council chose to amend a piece of FRIDLEY CITY COUNCIL MEETING MINUTES OF NOVEMBER 24, 2003 PAGE 34 the existing approved sign plan, they might wish to extend the temporary window sign language to 90 days rather than 60 days. Mr. Steve Vacka, 777 Excelsior Boulevard, said he was the outreach services director for Life Time Transition. He said they were able to sublease the rental space at a discounted rate on a temporary basis from Pa�vn America. He said they ran a thrift store and the money generated provided services to men and women recovering from drug and alcohol use. A sign developer and installer who was going to provide some of the service as a donation to the organization. He showed two pictures of signs. The first sign the company would donate did not conform to code. It would be gage aluminum with vinyl lettering. The second sign was a dimensional look which would conducive to the other signs. The pricing that he gave did not include illumination. The illumination, which was consistent with the other stores, would be expensive. He said they could get a call at any time from Pawn America stating the store had been subleased and they needed vacate in thirty days. He said they would be there temporarily. He asked Council to permit them to put up a temporary sign. If they were there beyond that time, they would be more than willing to provide the proper sign and conform to City requirements. Mayor Lund asked how long they could put a sign in the window if Mr. Applebaum removed the restriction he had. Mr. Hickok said as long as it was only 15 percent of the window, they could use window signage on a regular and ongoing basis. Mr. Vacka said after speaking with Mr. Applebaum, he thought Mr. Applebaum felt comfortable allowing Life Time Transition to do what they proposed. Mayor Lund asked if they had moved from another location. Mr. Vacka said the organization started the idea last spring when they collected items from garage sales. It had been a dream of the directors to open a thrift store and they looked at properties. Mayor Lund said the sign could possibly be used again. Councilmember Wolfe said he would not have a problem allowing a ninety-day sign. Councilmember Bolkcom asked if a temporary indoor sign was an option. Mr. Vacka said the problem with a window was that the sign would not be seen. Councilmember Billings asked what the temporary sign would look like. Mr. Vacka said it would be one-dimensional, finished aluminum with vinyl red lettering. _ Councilmember Billings said it was an aluminum banner. He asked if they wanted it for a period of ninety days and after that if the sign would meet the sign plan. FRIDLEir' CITY COU�TCIL �IEETING v1IViTT�S OF NOVEVIBER 24, 2003 PAGE 35 �Ir. Hickok said the sian plan required individually lit and installed letters. It could not be on a racew-av. Councilmzmber Biilin,s said z�en ir a motion ��as r�nade for the temporar;. si�n for a specitic period, the three-dimensional siQn �vould not comply because the letters would have to be individuall�- illuminated and not on a racewav. i ti[r• Vacka said they ��-ould (ike to comply�. They ��-ere jwt trying to tind the easiest way to remove the sign. Dr. Burns, City Manager, Burns asked if thev �ould put up letters that matched the comprehensi��e sian code requirements, without illumi�ation, on a temporary basis. �1r. Vacka said that would cost around $900. I Attorney Fritz Knaak, City Attorney, said if they were �oina to do this, they had to make sure the circumstances were peculiar enough so that someone e�se did not come and say they had to do it for them. This business was a non-profit, charitable org,'ranization, so he thouaht they had enough basis to provide a distinction. ` Councilmember Billin�s asked if they would be am�endinQ the sign plan for the center or approvin� a variance to the si�n plan. '� Councilmember Bolkcom said Nir. Applebaum was not',at the meeting, but they did have a letter from him. She said his letter asked Council to circumvent the siQn criteria. It did not say anythina about changing the sign criteria for the complex. y Attorney Knaak said they �vould be waiving the requirer�ents of the ordinance. Councilmember Bolkcom said it was possib(e to get a terriporary sign for 90 days. Councilmember Billings said they could get a tempora�y si�n for 14 days, and the center was allowed to have four of them in one yeaz's time. In his letter, Mr. Applebaum said he would not have a problem modifying his sign criteria for this specific tenant only. Councilmember Wolfe said even though they would be setting a precedent, they should do it cautiously. Councilmember Billings asked the City Attorney if th�y could make a motion to amend the ordinance for the sign criteria for this specific tenant to allo«- for a temporary sign for 90 days. Attorney Knaak said they could. There was enough in th� record. - MOTION by Councilmember Billings to receive the let#er from Mr. Georae Applebaum from He:cad Management Company, dated November 14, 2003' Seconded by Councilmember Wolfe. � i FRIDLEY CITY COUNCIL MEETING MINUTES OF NOVEMBER 24, 2003 PAGE 36 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIl�IOUSLY. Councilmember Wolfe asked if they were going to include a size limit. Mr. Vacka said NIr. Applebaum told him how big the letters could be. MOTION bv Councilmember Wolfe to modify the sign criteria for the Moore Lake Commons West shopping center to allow for the installation of a non-conforming sign which would be specific to Life Time Transition, Inc., for a period not to exceed ninety (90) days. Seconded by Councilmember Bolkcom. Mayor Lund asked what the existing height requirement was for the signage. Mr. Hickok said 30 inches was the maximum. Mr. Vacka asked when the 90 days started. Councilmember Billings said once the sign was installed. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 19. REZONING REQUEST, ZOA #03-02, BY TOWN CENTER DEVELOPMENT, LLC, TO REZONE PROPERTY FROM C-1, LOCAL BUSINESS; C-2, GENERAL BUSINESS; M-1, LIGHT INDUSTRIAL; AND C-Rl, GENERAL OFFICE TO S-2, REDEVELOPMENT DISTRICT TO ACCOMMODATE REDEVELOPMENT, GENERALLY LOCATED AT 1282 MISSISSIPPI STREET; 6490, 6400, 6352 AND 6300 CENTRAL AVENUE; AND 1271 EAST MOORE LAKE DRIVE (WARD 2). and PRELIMINARY PLAT REQUEST, PS #03-08, BY TOWN CENTER DEVELOPMENT, LLC, TO CREATE TWO SEPARATE LOTS TO ALLOW FOR THE CONSTRUCTION OF A SENIOR HOUSING DEVELOPMENT, GENERALLY LOCATED AT 1282 MISSISSIPPI STREET AND 6490 CENTRAL AVENUE (WARD 2). MOTION by Councilmember Wolfe to table consideration of Rezoning Request, ZOA #03-02 and Preliminary Plat Request, PS #03-08, by Town Center Development, LLC, in order to ascertain the necessary information to fully examine and study the request and to extend the review period for City Council action an additional 60 days, and to notify the petitioner in writing of the 60-day extension as soon as possible. Seconded by Mayor Lund. � FRIDLEY CITY COUNCIL MEETING MINUTE� OF NOVEMBER 24, 2003 PAGE 37 UPON A VOICE VOTE, �I.L VOTING AYEy MAYOR LUND DECLARED THE MOTION CARRIED UNANI�IOUSLY. ' 3. FIRST READING OF AN ORDINANCE I�ECODIFYING THE FRIDLEY CITY CODE BY AMENDING APPENDIX F TO'i PROVIDE FOR THE ADJUSTMENT OF SAI,ARIES FOR THE MAYOI� AND COUNCILMEMBERS IN ACCORDANCE WITH SECTION 2.07 O� THE CHARTER OF THE CITY OF ' FRIDLEY. _ MOTION by Councilmember Bolkcom to deny the fizst reading of the ordinance. Seconded by Councilmember Barnette. ' Councilmember Billings asked if a motion was needed'to set the salaries for the following year. Attorney Fritz Knaak, City Attorney, said if the ordinance was not passed, the previous ordinance would stay in place. ' Councilmember Billings asked if it would be meeting the requirements of the City Charter. He said a motion to substitute the 2003 rate into the ordina�,nce would suffice. MOTION by Councilmember Billings to substitute the 2003 salary rates into the ordinance. Seconded by Councilmember Bolkcom. ' Mr. Richard Harris, 6200 Riverview Tenace N.E., sai'd it was his understanding that they were not going to accept an increase for the following year. Councilmember Billings said that was the motion. , UPON A VOICE VOTE, ALL VOTING AYE,j MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 20. INFORMAL STATUS REPORTS. Mr. Scott Hickok, Community Development DirectoX, said earlier in the meeting Mr. Harris commented about coming to City Hall and not get�ing service. He said that although the meetings with Mr. Harris have been unannounced, he had not turned Mr. Harris away except for today. He said he was in a meeting at 3:00 p.m. Whe� he was told Mr. Harris would like to see him, he responded that he was not available but would �'be glad to meet with him tomorrow at any time he chose. � ADJOURNMENT: : MOTION by Councilmember Barnette to adjourn t�e City Council meeting. Seconded by Councilmember Wolfe. ' � FRIDLEY CITY COUNCIL MEETING MINUTES OF NOVEMBER 24, 2003 PAGE 38 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNAlYIMOUSLY AND THE MEETING WAS ADJOURNED. Respectfully submitted, Roberta S. Collins Secretary Scott J. Lund Mayor � CITY OF FRIDLEY PLANNING COMMISSION MINUTES DECEMBER 17, 2003 CALL TO ORDER: Chairperson Savage called the December 17, 2003, Planning Commission meeting to order at 7:30 p.m. ROLL CALL: Members Present: Barb Johns, Dean Saba, Diane Savage, LeRoy Oquist, Larry Kuechle, Members Absent: Dave Kondrick, Brad Dunham Others Present: Stacy Stromberg, Planner Dale Helm, 7399 Symphony Street Lynn Hansen, 230 Rice Creek Blvd Mark Holm, AT&T Wireless, 11600 96t'' Avenue N, Maple Grove David Flaten, 7415 University Avenue Vera Schmidt, 7380 Lyric Lane R. A. Stinkski, 3647 McKinley Street APPROVE PLANNING COMMISSION MINUTES OF NOVEMBER 5. 2003 MOTION made by Mr. Saba, seconded by Mr. Kuechle, to approve the November 5, 2003, minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING: Consideration of a Special Use Permit, SP #03-21,by AT&T Wireless, to allow a telecommunication tower to be allowed in an M-2-Heavy Industrial Zoning District under the M-2-Heavy Industrial Zoning Code Section 205.18.1.C(3)(7), generally located at 5330 Industrial Blvd, NE. MOTION made by Ms. Johns, seconded by Mr. Qquist, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 7:33 P.M. Ms: Stromberg stated that Mr. Holm, on behalf of AT&T Wireless and American Tower is � seeking a special use permit to recognize and expand an existing non-conforming AT&T Telecommunications tower which is located at 5330 Industrial Boulevard. Ms. Stromberg stated that the petitioner is proposing to install an additional PCS panel antenna on the existing 150-ft AT&T monopole tower. The existing cell tower was never granted a - special use permit when it was constructed nor was a building permit issued, therefore, recognition of the telecommunications tower is required prior to the cefl tower being added to. 1 Planning Commission Meeting December 17 2003 Pa9e 2 Ms. Stromberg presented a history of the Telecommunications Act affecting wired and wireless operations for telecommunications services, cable television, open video systems, multi-channel video distribution, telephone long distance, data transmissions, cellular phones, personal communication services and direct broadcast satellite. Ms. Stromberg stated that over the past 4 years the number of 75 ft to 250 ft monopole towers or lattice type towers structures has been on the rise in both the metro and rural locations across the state. In 1996 the Telecommunications Act opened the door to a new wave of technology. Communities have been required to recognize and accept this new technology. Cities do have the ability to control the location of the PCS towers, however, cities cannot take the position of "not in my city." Ms. Stromberg stated that in December of 1996 the City Council established a moratorium temporarily prohibiting the construction of new communication and antennas to allow the city to take a comprehensive look at the impact of the 1996 Telecommunications Act and to establish acceptable antenna locations. City staff worked with PCS Consultants to get a clear understanding of the technology issues and to determine the number of antenna locations that would be required to service the community. As a result of that analysis, an approved site approach was approved. The city now has a series of approved sites for the installation of wireless telecommunications facilities. To install a tower in an industrial zoned area not on an improved� site list, a special use permit must 6e obtained. � Ms. Stromberg stated that the petitioner is requesting a Special Use Permit to allow the existing tower to remain in its current location at 5330 Industrial Boulevard. In addition, the petitioner is also requesting to add an additional PCS panel antenna to the tower. The proposed antenna is a 7-ft GSM antenna that will not increase the overall height of the structure nor increase the horizontal face of the antenna array already there. In essence, AT&T is plugging in one additional antenna and moving an existing 4-ft antenna over. No additional equipment will be added to the facility. Ms. Stromberg stated the petitioner presented a letter from Ulteig Engineers Inc. (who had completed a structural evaluation of the tower) which stated the existing tower is designed to withstand the ice and wind load requirements of the international building code and that the structure is adequate for installation of the proposed antenna system. The consultant stated that if additional antennas are added beyond this fourth one they recommended that the tower be structurally reassessed. Ms. Stromberg stated that the petitioner is required to fence and screen the existing ground structure as part of the special use permit approval process. Ms. Stromberg stated that Telecommunication towers are permitted under a Special Use Permit in the M-2-Heavy Industrial Zoning District. Ms. Stromberg stated City staff recommends that the Special Use Permit be granted with the following stipulations: 1. The petitioner shall provide a history on this telecommunications tower and when the installation took place 2. The petitioner shall provide a structural plan on how the tower will break apart in the event that it would fall over. The code requires towers to collapse upon themselves rather than tipping in extreme wind conditions. 2 Planning Commission Meeting, December 17, 2003 Page 3 3. The petitioner shall provide a soil report and footing analysis indicating that the existing soil and footings can support the tower. 4. A landscape plan showing the existing ground control structure will be fenced and screened be submitted and approved by City prior to issuance to a building permit for the new antenna. Ms. Savage asked if there have been any problems, complaints or any feedback received by staff. Ms. Stromberg stated that following the mailing of the public hearing notice, only one neighboring property owner indicated concern. She stated she was unaware that there was an existing tower in this location but believed it was a new tower. Mr. Oquist asked if any information had been received on stipulations 1 and 2. Ms. Stromberg stated that none had been received. Mr. Mark Holm of American Tower Corp spoke on behalf of American Tower Corp and AT&T Wireless. Mr. Holm is working with AT&T Wireless to expand their coverage throughout the metropolitan area to increase the capacity to handle the number of calls and upgrade their technology with the GSM antennas. AT&T antennas are being added to approximately 45 existing towers owned by American Tower Corp. In most cases, adding one antenna to an existing structure is considered a modification and does not require going through a zoning processes. This tower has been in its location for over a decade and there are no records of when they had been properly permitted. It was determined by staff that this should go through the special use permit processes to identify the tower as a conforming use, bringing it into compliance and to allow the addition of the antenna. Originally the site had been developed by McCaw Cellular who originally owned the FCC license in the metropolitan area for cellular communications but was later purchased by AT&T Wireless. Mr. Holm was uncertain as to McCaw Cellular's record keeping and the amount of information transferred to AT&T Wireless. In addition, the building was originally owned by American Midwest Power which later sold the property to the current owner, Aramark. The number of transfers may have led to the lack of records. American Tower contacted AT&T to determine the type of records they have on the site in an attempt to satisfy the stipulations on the Special Use Permit. This Permit would allow AT&T to expand their capacity in the area and further technology. Mr. Holm stated that with the limited space, there will be a need to be creative with the fencing and landscaping. He also stated that it might be difficult to find the actual geotech study that was done when the tower was originally built because of the multiple transactions that occurred over a decade ago. With further research he believes that the stipulations can be satisfied with some creative landscaping. Mr. Kuechle asked if there might be some agreement on the real estate records with the County. Mr. Holm stated he did have copies but felt he would need to get permission from AT&T to . release the leases executed with American Midwest Power and the lease amendment with " Aramark. He believes AT&T would not have a problem with the submission. Mr. Kuechle questioned the stipulation dealing with the tower collapsing on itself and if it was a requirement that towers be designed that way. Also, if there was an 80 mph wind and a half- inch ice on the tower, would it be likely a tower would collapse. �� Planning Commission Meeting, December 17 2003 Page 4 Mr. Holm stated that most monopoles today were designed with a crinkle point or a fall zone stress point half way up the tower or'/4 of the way up the tower; there is essentially a built in angular piece of steel so that if a tower were to be overloaded with the wind, it would basically crinkle at the top rather than fall like a tree. MOTION by Mr. Oquist, seconded Mr. Saba, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY, AND THE PUBLIC HEARING CLOSED AT 7:55 P.M. Mr. Oquist stated it looked like a reasonable request and that placing towers in an industrial area is preferable to other approved sites in the city, and in a location close to 694 which is a heavy traffic area. He recommended city council approval of the request with the stipulations. Seconded by Mr. Saba. Mr. Holm questioned the stipulation of the landscape plan since it was in an industrial area. Ms. Savage stated that industrial areas also required landscaping. Mr. Holm stated that due to the limited area around the building landscaping would be difficult . Ms. Savage stated she would like to see some effort made to do some landscaping. Mr. Holm stated it was not an expense issue but more of a bother issue. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Savage said this request will be heard by the City Council on January 5, 2004. 2. PUBLIC HEARING: Consideration of a Rezoning, ZOA #04-04, by RAS Properties, to rezone multiple properties from R-2-Two-Family Unit Zoning to R-3-General Multiple Unit Zoning, generally bordered by University Avenue Service Road, 74�' Avenue, 75"' Avenue, & Lyric Lane. MOTION made by Mr. Kuechle, seconded by Mr. Oquist, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY, AND THE PUBLIC HEARING OPEN AT 8:00 P.M. Ms. Stromberg stated that RAS Properties and the owner of 450 and 476 75`h Avenue is requesting to rezone the properties located at 351 74th Avenue, 361 74`h Avenue, 371 74`n Avenue, 371 74�h Avenue, 389 74th Avenue, 415 75`h Avenue, 7400 Lyric Lane, 350 75tn Avenue, 460 75th Avenue, 450 75"' Avenue and 476 75`h Avenue from R-1 single family and R-2 two family to R-3 multi family. Ms. Stromberg stated the petitioner had contacted all of the property owners regarding the rezoning request and has received signatures from all but one. The petitioner indicated that the � Planning Commission Meeting, December 17, 2003 Page 5 one property owner isn't opposed to the rezoning request but that they would want to contribute to the cost of the rezoning application. Ms. Stromberg stated all properties are zoned R-2 two family units with the exception of 460 75`h Avenue which is Grace Lutheran Church which is zoned R-1. The R-2 zoned properties are made up of multi family housing ranging from 4 to11 unit buildings. Ms. Stromberg stated the properties became non-conforming when the city adopted a new zoning ordinance in 1964 revising the permitted uses of the R-2 zoning district. The revision in 1964 does not allow multi-family uses in the R-2 zoning district, therefore making the existing multi family buildings in the R-2 district pre-existing non-conforming uses. Ms. Stromberg stated the petitioner applied for a building permit to tear down and replace his existing garages. Because his property is non-conforming a building permit could not be issued to reinvest in this property. City staff suggested that the best way to resolve the non-conforming issue would be to rezone this proper-ty to R-3 which is the current use of the property. To accomplish rezoning, the entire block befinreen 74th Avenue, 75th Avenue, University Avenue Service Road and Lyric Lane would need to be rezoned. Ms. Stromberg stated that City staff asked the City Council and the various commissions on their 2001 council/commission survey if they were interested in having staff initiate a rezoning process for approximately 50 non-conforming properties. The survey indicated that the council preferred to evaluate each property on a case-by-case basis when petitioned by the property owner. The comprehensive plan designated this area as multi family; therefore, rezoning this property from R-2 to R-3 is consistent with the comprehensive plan. Ms. Stromberg stated City staff recommends approval of this rezoning request as the proposed rezoning corrects an existing non-conformity and the rezoning is consistent with the comprehensive plan. Ms. Savage asked if any calls had been received about this rezoning. Ms. Stromberg stated that numerous calls were received more out of curiosity as the public notice the city sent out wasn't that clear. No opposition was received once the rezoning was explained by staff. Mr. Stinski stated he purchased two 11-unit buildings at 450 & 476 75�' Avenue in January 2003 and discussed with city staff plans to rebuild garages currently located in the center of the property near a power pole and possibly make another driveway exiting onto Lyric Lane. The current location makes it difficult for an average truck to enter or exit and almost impossible for fire trucks to service the backend of the buildings. Staff stated this was a non-conforming use and changes could not be made to the buildings as currently zoning but that the entire block would need to be rezoned to conform. Mr. Oquist stated that there are no stipulations to deal with. Mr. Kuechle asked what Mr. Stinski projected as the life of the buildings. Mr. Stinski stated that the original garages being discussed are probably from the early 1960's and are almost inhabitable. There are six units of garages that are fairly new. Permits were obtained for the improvements made to the interior of the buildings and landscape improvements but work had to be halted when I wanted to tear down the building. 5 Planning Commission Meeting December 17 2003 Page 6 Mr. Saba asked if these were apartment rentals. Mr. Stinski stated they were. Vera Schmidt of Lyric Lane stated she appreciated the work that had been done but there is one concern which is the addition of the driveway onto Lyric Lane. She stated it was a very busy street and an emergency route and a lot of children in the neighborhood. She asked what additional steps would be needed to have that approved. Mr. Stinski stated that when the Fire Department went through the buildings they had suggested and were in favor of a driveway onto Lyric Lane. He stated it would be easier for a big hook and ladder to enter the site. He did suggest making it a"one way" allowing the traffic to enter but exit on 75th. He stated there were only 22 units and not a large volume of traffic. Ms. Kuechle asked if the City had a position on this issue. Ms. Stromberg stated Jon Haukaas, the Public Works Director, would need to approve any additional access points on the Ciry streets. She was not certain as to his position. Mr. Stinski stated he felt it would be a good for safety reasons. Dave Flaten of 7415 Universiry Avenue asked if the commission knew what their property was zoned. Ms. Stromberg stated they currently are zoned R-3 multi family and are in compliance. Mr. Flaten asked whether there is talk of any other development as a part wanting to change the zoning. Ms. Stromberg stated it was simply from this request. Dale Helm of 7399 Symphony Street, stated he purchased his home in 1995 but believes that when it comes time to sell his home the multi-unit housing would devalue the surrounding property based upon the appraisal received at the time of purchase and subsequent appraisals. His concern is that the rezoning could cause current homeowners to seek homes elsewhere. He believes that rezoning opens the door to the wrong direction for this community and will intensify issues that he already faces with multi-unit housing. Police have been contacted for issues such as trash on side lawn, front lawn and streets of 74th and Symphony left by the apartment complex residents and their visitors, increased traffic, noise, working on cars on city streets, privacy issues, and issues with unattended children. Mr. Helm cited a problem with finro boys who took great glee in shooting other very small children with BB's causing injury and fear. After they ran out of ammo they started pumping the gun, placing the barrel to other children's heads and pulling the trigger. They did this at the apartment doorstep so children leaving the apartment could be caught by surprise. During this entire time no parents were on the scene. Only after the police had arrived and confiscated the BB gun, did the parents show up and talk to the police. These children are far too young to be left unattended. Until something is done, groups of 5 to 20 kids will continue to congregate at this location. 0 Planning Commission Meeting, December 17, 2003 Page 7 Mr. Helm stated that currently it is not safe for his children to play in their own front yard, and that his family is tired of being a prisoner in their own home. His request is for the commission to look at the broader scope of the picture, not look for a quick fix and not approve rezoning this area. Mr. Lynn Hanson, owner of the building at 350 75th Avenue, stated it would make sense to rezone this area and is in favor of it. MOTION by Mr. Kondrick, seconded by Mr. Oquist, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY, AND THE PUBLIC HEARING CLOSED AT 8:27 P.M. Mr. Saba asked if this block was rezoned to R-3 and if a new development does want to build a bigger complex, could they build whatever they want. Are there or can there be any restrictions once zoned R-3 or does everything that goes with R-3 goes with rezoning so no restrictions can be placed. Ms. Stromberg stated that there are lot requirements and that the lot size would determine the number of units. Ms. Kuechle stated that according to the plans 415, 430 and 489 are the largest lots but could not hold a large complex. Mr. Saba stated that 415 is only 13,500 square feet. Ms. Savage stated that if these complexes were to burn down, they are duplexes not single family homes. Ms. Savage stated the public hearing had been closed. Mr. Kuechle stated that he was in favor of rezoning and that if zoning remained at R-2, Mr. Stinski and other property owners are held from improving their properties which would contribute to properties going down hill. If property owners like Mr. Stinski are investing in their property, they are more prone to maintain the properties to protect their investment. Mr. Kuechle recommended approval. Ms. Saba agreed with Mr. Kuechle's comments. Mr. Oquist agreed that it is the right thing to do as it should improve the situation and not continue to degrade it. Ms. Johns asked if the landlords are held responsible for their tenants' actions. Ms. Stromberg stated that the Fire Department does rental inspections to make sure that they _ are in compliance with all code requirements, but that the landlord needs to be in control of their ' tenants' actions, but can't necessarily control them. Ms. Savage suggested that Mr. Helm work with a community officer who might have more contact with the tenants. 7 Planning Commission Meeting December 17 2003 Page 8 MOTION made by Mr. Kuechle to recommend City Council approve rezoning request 03-04 from zoning R-2 to R-3, seconded by Mr. Oquist. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOT10N CARRIED UNANIMOUSLY. Ms. Savage stated this item will go to the City Council on January 5, 2004. 3. RECEIVE THE MINUTES OF THE NOVEMBER 12 2003 APPEALS COMMISSION MEETING: MOT10N by Mr. Kuechle, seconded by Mr. Oquist, to approve the November 12, 2003 Appeals Commission meeting minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. RECEIVE THE MINUTES OF THE NOVEMBER 6 2003 HOUSING AND REDEVELOPMENT AUTHORITY MEETING: MOTION by Mr. Saba, seconded by Ms. Johns, to approve the November 6, 2003 Housing and Redevelopment Authority minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY 5. RECEIVE THE MINUTES OF THE NOVEMBER 18 2003 ENVIRONMENTAL QUALITY 8� ENERGY COMMISSION MEETING: MOTION by Ms. Johns, seconded by Mr. Saba, to approve the November 18, 2003 Environmental Quality & Energy Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY 6. RECEIVE THE MINUTES OF THE NOVEMBER 3 2003 PARKS 8� RECREATION COMMISSION MEETING: MOTION by Mr. Oquist, seconded by Ms. Johns, to approve the November 3, 2003 Parks & Recreation Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY Ms. Stromberg presented an overview of 2003 Planning Commission activities. ADJOURNMENT MOTION by Mr. Saba, seconded by Mr. Oquist, to adjourn the meeting. ��• Planning Commission Meeting, December 17, 2003 Page 9 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE DECEMBER 17, 2003, PLANNING COMMISSION MEETING ADJOURNED AT 8:36 P.M. RespectFully submitted, �� , � �i` �? r �� ' 1 Stacy St berg City PlarMn r ( U 1 � � AGENDA ITEM � CITY COUNCIL MEETING OF JANUARY 5, 2004 cmr oF FRIDLEY Date: December 23, 2003 � To: William Burns, City Manager �t� From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: Special Use Permit Request, SP #03-21, AT & T Wireless M-03-187 INTRODUCTION The petitioner, Mr. Holm, on half of AT & T Wireless and American Tower, is seeking a special use permit to recognize and expand an existing non-conforming AT&T telecommunications tower located at 5330 Industrial Blvd. The petitioner is proposing to install an additional PCS panel antenna on the existing 150 ft. AT & T monopole tower. The existing cell tower was never granted a special use permit, or a building permit, when it was constructed. Therefore recognition of the telecommunication tower is required prior to the cell tower being added to. PLANNING COMMISSION RECOMMENDATION At the December 17, 2003, Planning Commission meeting, a public hearing was held for SP #03-21. After a brief discussion, the Planning Commission recommended approval of special use permit, SP #03-2106, with the stipulation as presented. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMNEDATION City Staff recommends concurrence with the Planning Commission. STIPULATIONS 1. The petitioner to provide the City with a history on this telecommunications tower and when the installation took place. 2. The petitioner to provide the City with structural plans on how the tower will break apart in the event that it would fall over. (Code requires towers to collapse upon themselves rather than tipping in extreme wind conditions). 3. The petitioner to provide the City with a soil report and footing analysis indicating that the existing soils and footings can support the tower. 4. A landscape plan showing how the existing ground control structure will be fenced and screened shall be submitted and approved by the City prior to issuance of a building permit for the new antenna. 10 City of Fridley Land Use Application SP #03-21 December 17, 2003 GENERAL INFORMATION SPECIAL INFORMATION Applicant: American Tower Corp. AT & T Wireless Mark Holm 2515 24th Ave. S 11600 96th Avenue N Minneapolis MN Maple Grove MN 55369 55406 Requested Action: Special Use Permit to correct and expand an existing non-conforming AT & T cell tower. Existing Zoning: M-2 (Heavy Industrial) Location: Size: 5330 Industrial Blvd. 5.5 acres Existing Land Use: Aramark Uniform Services Surrounding Land Use & Zoning: N: Industrial & M-2 E: Industrial & M-2 S: Industrial & M-2 W: Industrial & M-2 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conformance: Sec. 205.18.01.C.(7) requires a special use permit to allow telecommunication towers and wireless telecommunications. Zoning History: 1969 — Lot is platted. 1975 — Building constructed. 1992 — Building for cell tower constructed. Legal Description of Property: Lots 3, 4, 5& 6, Block 7, Great Northern Industrial Center Public Utilities: Property is connected. Transportation: Industrial Blvd. provides access to the property. 1 Physical Characteristics: Lot consists of the Aramark building and parking lot. SUMMARY OF PROJECT Mr. Holm, on behalf of AT & T Wireless and American Tower, is seeking a special use permit to correct and expand an existing non- conforming AT & T telecommunications tower located at 5330 Industrial Blvd. SUMMARY OF ANALYStS City Staff recommends approval of this special use permit. City Staff recommends approval of this special use permit request as telecommunications towers are a permitted special use in the M-2, Heavy Industrial District, subject to stipulations. CITY COUNCIL ACTION/ 60 DAY DATE City Council —January 5, 2004 60 Day — January 12, 2004 Existinq Cell Tower Staff Report Prepared by: Stacy Stromberg SP #03-21 REQUEST Mr. Holm, on behalf of AT & T Wireless and American Tower, is seeking a special use permit to recognize and expand an existing non-conforming AT & T telecommunications tower located at 5330 Industrial Blvd. The petitioner is proposing to install an additional PCS panel antenna on the existing 150 ft. AT & T monopole tower. The existing cell tower was never granted a special use permit when it was constructed, nor was a building permit issued, the�efore recognition of the telecommunication tower is required prior to the cell tower being added to. TELECOMMUNICATIONS ACT HISTORY In 1996, the federal government passed a new Telecommunications Act. This act affected wired and wireless operations of telecommunication services, cable television, open video systems, multi-channel video distribution, telephone, long distance, data transmission, cellular phone, personal communication services (PCS), and direct broadcast satellites. Over the past four years the number of 75 ft. to 250 ft. mono-pole towers or lattice-type tower structures has been on the rise in both the metro and rural locations across the state. The 1996 Telecommunications Act opened the door to a whole new wave of technology. Communities have been required to recognize and accept the new technology. Cities do have the ability to control the location of PCS towers, however, cities cannot take a position of "not in my city." TELECOMMUNICATION ACT'S IMPACT ON FRIDLEY In December of 1996, the City Council established a moratorium temporarily prohibiting the construction of new communication and antennae array. The moratorium establishment allowed the City to take a comprehensive look at the impact of the 1996 Telecommunications Act and establish acceptable antennae locations. With the moratorium in place, staff worked with PCS consultants to get a clear understanding of the technology, issues, and to determine how many antennae locations would likely be required to service the community. As a result of the analysis, an approved site approach was approved. The City of Fridley now has a series of approved sites for the installation of wireless telecommunication facilities. To install a telecommunication tower in an industrially zoned area not on the "approved site" list, a special use permit must first be obtained. SPECIAL USE PERMIT ANALYSIS The purpose of a special use permit is to provide the City with a reasonable degree of discretion in determining the suitability of ce�tain the general welfare, public health and safety of the area in which it is located. The special use permit gives the City the ability to place stipulations on the proposed use to eliminate negative impacts to surrounding properties. The City also has the right to deny the special use permit request if impacts to surrounding properties cannot be eliminated through stipulations. 12 As was stated earlier, the petitioner is requesting this special use permit to allow the existing telecommunications tower to remain in its current location at 5330 Industrial Blvd. Telecommunication towers are allowed in the industrial district, but only with a special use permit. As part of the approval of this special use permit, the petitioner is also requesting to add an additional PCS panel antenna, to the tower. The proposed antenna is a 7 ft. GSM antenna that will not increase the overall height of the structure, nor increase the horizontal face of the antenna array already there. Essentially, AT & T is just "plugging in" one more antenna and moving an existing 4 ft. antenna over. No additional ground equipment will need to be added to the facility as the existing equipment is capable of running the additional antenna. The petitioner submitted a letter from Ulteig Engineer's Inc., who completed a structural evaluation of the telecommunications tower. The letter states that the existing tower is designed so that it withstands the wind and ice load requirements of the International Building code and the structure is adequate for the installation of the proposed antenna system. If additional antennas are added beyond this fourth one, Ulteig Engineers recommends that the tower be structurally re-assessed. While the subject property isn't on the approved site list with the City for telecommunication towers, it is located in an industrial district, which is allowed through a special use permit. The existing telecommunication tower has been in its current location for at least 10 years, without causing any adverse affects to neighboring properties. The pole bfends in with the industrial setting and the petitioner will be required to fence and screen the existing ground structure as part of the special use permit approval process. The petitioner has also stated that it isn't possible for AT & T to locate this additional antenna on another site that is already on the City's approved site list. All of the antennas function as a whole, with 3 sections (Alpha, Beta, & Gamma) receiving and sending voice/date information in unison with the help of the base station equipment located in the equipment shelter at the base of the tower. This includes call hands-off as phone users enteNleave the cell while using their phones/PDA's. A single antenna would not be able to function by itself. RECOMMENDATIONS City Staff recommends approva/ of this specia/ use permit request as telecommunication towers are a permitted special use in the M-2, Heavy Industrial zoning district, subject to stipulations. • Granting special use permit corrects a non-conformity. STIPULATIONS Staff recommends that if the special use permit is granted, the following stipulations be -. attached. 1. The petitioner to provide the City with a history on this telecommunications tower and when the installation took place. " 13 2. The petitioner to provide the City with structural plans on how the tower will break apart in the event that it would fall over. (Code requires towers to collapse upon themselves rather than tipping in extreme wind conditions). 3. The petitioner to provide the City with a soil report and footing analysis indicating that the existing soils and footings can support the tower. 4. A landscape plan showing how the existing ground control structure will be fenced and screened shall be submitted and approved by the City prior to issuance of a building permit for the new antenna. 14 � � GTY OF FRIDLEY TO: From Date: AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 5, 2004 William W. Burns, City Manager Connie Thompson, Fridley Senior Program Supervisor December 29, 2003 Subject: Senior Companion Program INTRODUCTION In the past, the City of Fridley Senior Program has received Community Development Block Grant (CDBG) funds to administer our Senior Companion Program. Due to the County's administering of the public service portion of the CDBG funds, the cities of Fridley and Coon Rapids made a joint request for funding in 2003-2004. This arrangement has been received favorably for three years and is working well for both parties. We would like Council's approval to proceed with this year's application. DISCUSSION The cities of Coon Rapids and Fridley will once again be making a joint request for funds due to the application requirement stating, "Applicants must request a minimum of $10,000 in CDBG funds." Individually, the City's request would be $6,000. By making a joint application, the request will be over the required $10,000. In 2003, we were funded for $5,000, whichwas a considerable cut over previous years. By requesting the additional dollars, we will also be looking at expanding the program accordingly. The current joint agreement between the cities of Fridley and Coon Rapids states that Fridley will serve as the fiscal agent, applying for the funding on behalf of both cities and dispersing the funds when received. If we are denied funding through the CDBG process, we will still be able to provide programming with current funding through 2004 and will look at alternative funding options. RECOMMENDATION TO CITY COUNCIL � To authorize the City of Fridley Senior Companion Program to apply for CDBG funding for the year 2004-2005. 15 / f CITY OF ` FRIDLEY ' TO: - FROM: DATE: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 5, 2004 William W. Bums, City Manager �� r , � -�:�;-�.`_. Jon li. tiaukaas, Public Works Director Layne O�teson, Asst Public Works Director �•� December 30, 2003 Joint Powers Agreement for Conh-act Street Maintenance Work � 3�JL��iZ�I�� This memo authorizes staff to enter into an agreement with the cities of Andover, Brookl}m Center, Columbia tieights, Coon Rapids and Spring Lake Park for a joint contract for street maintenance work including sealcoating, traffic markings, street sweeping, _ crack sealing and screening. Due to budget constraints, several cities decided to explore the advantages of joining together for the various street maintenance projects. After several meetings this fall, it was determined that a Joint Powers Agreement would be beneficial to participating cities. This group prepared a Joint Powers Agreement to combine certain bid items to reduce the number of contracts needed, pool large quantities, and hopefulty achieve lower bids from contractors. All contracted work would still need to be budgeted and approved by the City Council as we have done in the past The agreement will allows each city to accept or not accept the bids for their port�on of the proposed contract The City of Coon Rapids is the lead agency for the group of cities that are proposing to receive bids on the various street maintenance items. The City of Fridley would be reimbursing the City of Coon Rapids for legal and administrative costs based on a percentage of actual contract cost The Joint Powers Agreement can be terminated on the part of any individual city by giving sixty (60) days notice to the other cities. Recommend the City Council authorize the Director of Public Works to enter into a Joint Powers Agreement with the cities of Andover, Brooklyn Center, Columbia tieights, Coon Rapids and Spring Lake Park for contract JtiFi/lo:cz Q' � � Qi7 OF FRIDLEY TO: FROM: DATE: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 5, 2004 �� William W. Burns, Ciry Manager � Jon .H Haukaas, Public Works Director December 17, 2003 2004 TriCity GIS Contract PW04-002 The last two Minnesota employees of P1anSight, our past GIS Consultant, have f.ormed their own company, GIS Rangers LLC> and submitted a proposal to perform the services of the TriCiry GIS project. The contract cost has been held to a Oqo increase over 2003. These two individuals, Blaine Hackett and Laura Wendt, plan to make this contract their only project so they can each work part- time and spend more time with their families. This anangement also gives the three cities more Ilexibility when there are conIlicting priorities. Blaine and Laura have both done excellent work for us for the past few years. The staff from the three member cities are all in agreement that this is the best path to take with our contract. Recommend the City Council approve the contract with GIS Rangers LLC. Upon approval by the three involved City Councils, original contracts will be circulated for proper signature. JHH:cz Attachment 1 17 � � � � CONSULTING SERVICES AGREEMENT This Contract is made and entered into between the Tri-City GIS Joint Powers Organization, consisting of the Cities of Fridley, Columbia Heights and Andover, hereinafter "Tri-City" and GIS Rangers L�', 2434 Virginia Circie, Roseville, Minnesota, 55113, hereinafter "Contractor". WHEREAS, Tri-City requires services to be provided for the sta�ng of a GIS Range Rider to provide GIS technical assistance to the Cities of Andover, Columbia Heights and Fridley; WHEREAS, Contractor desires to and is capable of providing the necessary services � according to the terms and conditions stated herein; NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein the parties agree as follows: 1. TERM 1.1 Term. The term of this Contract shall be from January 1, 2004 to and including December 31, 2004 unless earlier terminated by law or ac�ording to the provisions of this Contrac� 2. CONTRACTOR'S OBLIGATIONS 2.1 General Description. Contractor shall provide the following services generaUy descri6ed as: 2,455 hours annually of full time onsite GIS technical assistance to the communities of Fridley, Andover and Columbia Heights. The services will be in the form of one or more GIS Range Riders that would spend approaimately 80 hours per month per city in Andover and Fridley, respectively, and approaimately 44 hours per month in the City of : Columbia Heights over the course of the Contract. Hours over and above what is contracted here will be handled separately on a case by case basis. 2.2 Conformance to Soecification. Services provided shall meet or eaceed the tasks outlined in the Tri- City GIS Technical Assistance Request for Proposal set out in Eahibit A which is attached hereto and incorporated herein by reference. 3. PAYMENT 3.1 Total Cost The total amount to be paid by Tri-City pursuant to this Contract shall be: $68,652.°—° (Andover-$26,846.°—°, or 39.1 %, Fridley-$26,846.°—°, or 39.1%, Columbia Heights-$14,960.°—°, or 21.8%) 3.2 Invoices. Contractor shall, within fifteen (15) working days following the last day of each calendar month in which services were provided, submit an invoice and request for paqment on an invoice form acceptable to Tri-City. This invoice shall itemize 1) the hours of services rendered listed by classification, 2) the date such services were provided, 3) a general description of the services provided, 4) the name of client receiving services, � the amount and type of all reimbursable eapenses being charged to the Contract, 6) the dates of the performance period covered by the invoice. 3.3 Time of Pavment. Tri-City shall make payment to Contractor wit6in thirty-five (35) days of the date on which the invoice is received. If the invoice is incorrect, defective, or otherwise improper, Tri-City wi11 notify Contractor within ten (10) days of receiving the incorrect invoice. Upon receiving the corrected invoice from Contractor, Tri-City will 19 make payment within thirty-five (35) days. 3.4 Pavment of Unauthorized Claims. Tri-City may refuse to pay any claim which is not specifically authorized by this Contract. Payment of a claim shall not preclude Tri-City from questioning the propriety of the claim. 4. COMPLIANCE WITH LAWS/STANDARDS 4.1 General. Contractor shall abide by all Federal, State or local laws, statutes, ordinances, rules and regulations now in et%ct or hereinafter pertaining to this Contract or to the facilities, programs and stafi for which Contractor is responsible. 4.2 Minnesota Law to Govern. This Contract shall be governed by and construed in accordance with the substantive and procedural laws of the State of Minnesota, without giving effect to the principles of conflict of laws. All proceedings related to this Contract shall be venued in the State of Minnesota. 5. INDEPENDENT CONTRACTOR STATUS Contractor is an independent contractor and nothing herein contained shall be construed to create the relationship of employer and employee between Tri-City and Contractor. Contractor shall at all times be free tv eaercise initiative, judgment and discretion as to how to best perform or provide services. Contractor acknowledges and agrees that Contractor is not entided to receive any of the benefits received by Tri-City employees and is not eligible for workers' or unemployment compensation benefits. Contractor acknowledges and agrees that no withholding or deduction for State or Federal income taaes, FICA, FIJTA, or otherwise, will be made form the payments due Contractor and that it is Contractor's sole obligation to 20 comply with the applicable provisions of all Federal and State taa laws. b. INDEMNIFICATION Contractor shall indemnify, hold harmless and defead Tri-City, its members, officers and employees against any and all liability, loss, costs, damages, eapenses, claims or actions, including attorneys' fees which Tri-City, its otTcers or employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any negligent or willful act, or negligent or willful omission of Contractor, its agents, servants or employees, in the eaecution, performance, or failure to adequately perform Contractor's obligations pursuant to this Contract. 7. INSURANCE 7.1 General Terms. In order to protect itself and to protect Tri-City under the indemnity provisions set forth above Contractor shall, at Contractor's eapense, procure and maintain policies of insurance covering the term of this Contract, as set forth below. Such policies of insurance shall apply to the eatent of, but not as a limitation upon or in satisfaction of, the indemnity provisions herein. All retentions and deductibles under such policies of insurance shall be paid by Contractor. Each such policy shall not be canceled by the issuing insurance company without at least ten (10) days written notice to Tri-City of intent to cancel. 7.2 Coverage. The policies of insurance to be obtained by Contractor pursuant to this section shall be purchased from a ticensed carrier and shall include the following: A) Professional Liability (1) A professional liability insurance policy covering personnel of Contractor, if any, who provide 21 � 0 � professional services under this Contract, which shall include the following coverages at a minimum: Personal Injury/Damage: $200,000 per person $600,000 per occurrence B) Workers' Compensation If applicable, Contractor shall procure and maintain a policy that at least meets the statutory minimum. 7.3 Certificates. Prior to or concurrent with eaecution of this Contract, Contractor shall file certificates or certified copies of such policies of insurance with Tri-City. 7.4 Failure to Provide Proof of Insurance. Tri-City may withhold payments for failure of Contractor to furnish proof of insurance coverage or to comply with the insurance requirements as stated above. 8. SUBCONTRACT'ING Contractor shall not enter into any subcontract for the performance of the services contemplated under this Contract nor assign any interest in the Contract without prior written consent of Tri-City. 9. DEFAULT 9.1 Inabilitv to aerform. Contractor shall make every reasonable effort to maintain staff, facilities, and equipment to deliver the services to be purchased by Tri-City. Contractor shall immediately notify Tri-City in writing whenever it is unable to, or reasonably believes it is going to be unable - to, provide the agreed upon quality of services. Upon such notification, Tri-City shall determine whether such inability requires 22 a modification or cancellation of this Contrac� 9.2 Dutv to Mitigate. Both parties shall use their best efforts to mitigate any damages which might be suffered by reason of any event giving rise to a remedy hereunder. 10. TERNIINATION 10.1 With or Without Cause. Notwithstanding any other provision of this Contract, either party may terminate this Contract at any time for any reason by giving thirty (30) days written notice to the other. Tri-City shall pay to Contractor the reasonable value of services received from Contractor as of the termination date. 10.2 Notice of Defaul� Either party may terminate this Contract for cause by giving ten (10) days written notice of its intent. Said notice shall specify the circumstances warranting termination of this Contract 10.3 Failure to Cure. If the party in default fails to cure the specified circumstances as described by the notice given under the above paragraph within the ten (10) days, or such additioaal time as may be authorized by the party giving notice, then the whole or any part of this Contract may be terminated by writtea notice. • 10.4 Notice of Termination. � Notice of Termination shall be made by certified mail or personal delivery to the authorized agent of the party. Notice of Termination is ' deemed ef%ctive upon delivery to the address of the party as stated in 23 paragraph 12. 10.5 Et'fect of Termination. Termination of this Contract shall not discharge any liability, responsibility or right of any party which arises from the performance of or failure to adequately perform the terms of this Contract prior to - the ef%ctive date of termination, in accordance with the laws of the 11. 12. � State of Minnesota. CONTRACT RIGHTS/REl�IEDIES 11.1 Rights Cumulative. All remedies available to either party under the terms of this Contract or by law are cumulative and may be eaercised concurrently or separately, and the eaercise of any one remedy shall nof be deemed an election of such remedy to the eaclusion of other remedies. 11.2 Waiver. Waiver for any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of this Contract shall not be construed to be modification for the terms of this Contract unless stated to be such in writing and signed by authorized representatives of Tri-city and contractor. AUTHORIZED REPRESENTATIYE Notification required to be provided pursuant to this Contract shall be provided to the following named persons and addresses unless otherwise stated in this Contract, or in a modification of this Contrac� To Contractor• Blaine Hackett Andover• City Engineer GIS Rangers City of Andover 2434 Virginia Circle 1685 Crosstown Boulevard NW Roseville, MN 55113 Andover, Ml�' S5304 � 13. 14. Fridlev: Director of Public Works City of Fridley 6431 University Avenue NE Fridley, MN 55432 MODIFICATIONS Columbia Heights: Pubtic Works Director City of Columbia Heights 637 - 38`� Avenue NE Columbia Heights, MN 55421 Any alterations, variations, modifications, or waivers of the provisions of this Contract shall only be valid whea they have been reduced to writing, and signed by authorized representatives of Tri-City and Contractor. SEVERABILITY The provisions of this Contract sh�ll be deemed severable. ff any part of this Contract is rendered void, invalid, or unenforceable, such rendering sLall not afliect the validity and enforceability of the remainder of this Contract unless the part or parts which are void, invalid or otherwise unenfoneable shall substantially impair the value of the entire Contract with respect to either party. 15. MERGER 15.1 Final Asreement. This Contract is the final statement of the agreement of the parties and the complete and eaclusive statement of the terms agreed upon, and shall supersede all prior negotiations, understandings or agreements. There are not representations, warranties, or stipulations, either oral or written, not herein contained. 25 I� 0 IN WITNESS WHEREOF, the parties hereto have eaecuted this Contract on the date(s) indicated below. CONTRACTOR sy: Tide: Date• 26 TRI-CITY GIS ORGANTZATIUN By: Tide: Date: sy: Tide: Date: BYY� Title• Date: Exhibit A The following is a scope of services to be performed for the Tri-City Range Rider project. The GIS Rangers � will perform all GIS related services for the cities of Andover, Columbia Heights and Fridley. The GIS services will include but are not limited to the following: • Maintain and edit all GIS datasets pertaining to and being used for each City's GIS. • Create new datasets by o Heads up digitizing o Merging new datasets o Spatial analysis o Geoprocessing o Geocoding • Create and update GIS maps • Advise the Tri-Cities on matters relating to GIS projects and software • Maintain and keep records of GIS-related software and sofiware licenses � Customize GIS software where applicable � • Customize and maintain GIS related web pages and web mapping applications Other services not pertaining to GIS are as follows: • Creaxe and maintain 1V�icrosoft Access databases • Customize forms and reports using Microsoft Access • Request and maintain updates of county assessor's data 27 / � _ QTIOF FRIDIEY 0 � AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 5, 2004 � TO: Wiliiam W. Bums, City Manager � � FROM: Jon . liaukaas, Public Works Director . December 17, 2003 SUBJECT: Load Limit Designation «�►�fi�i:��1 Attached is a resolution establishing the spring load limits for the City streets. Annualty we receive Council"s approval to publish the load limits. This allows us to place the notice in the newspaper at an appropriate time based upon the spring thaw. Load limits stay in effect until the Anoka County liighway Department informs us of them raising the limits on the County roads. To Facilitate the notification process, recommend the City Council adopt the attached load limit resolution for 2004. Jtlti:cz Attachment �� RESOLUTION NO. — 2004 RESOLUTION IMPOSING LOAD LIMITS ON PUBLIC STREETS IN T8E CITY OF FRIDLEY, MINN�SOTA BE IT RESOLVED by the City Council of the City of Fridley as follows: A. That pursuant to Chapter 503, City Code of Fridley, Minnesota, 1978 that commencing on the date ordered by the State of Minnesota Commissioner of Transportation, and continuing until the 15th day of May, 2004, unless sooner terminated or thereafter continued, no vehicle shall be driven or operated upon any street or in the City under jurisdiction of the City where the weight of such vehicle exceeds: 4 TON PER AXLE B. The above restriction shall not apply, but shall instead be limited to 9 TON PER AXLE with respect to the following named streets, to—wit: STREET 3rd Street 45th Avenue 51 st Way 52nd Avenue 52nd Way 53rd Avenue 53rd Avenue 53rd Way 57th Avenue SSth Avenue Sth Sh-eet 61 st Avenue 63rd Avenue 64th Avenue 65 '/2 Avenue 66`� Avenue 66`� Avenue 66 '/Z Avenue 67th Avenue 67th Avenue 67th Avenue 68th Avenue 69th Avenue 6th Street 71-1/2 Way 71 st Avenue FROM 49`� Avenue Main Street East River Road Taylor Street Ashton Avenue Main Street Matterhorn Drive E. River Road Ser. Dr. T.H. #47 Jackson Street 61 tt Avenue Starlite Boulevard T.H. #47 E. Service Dr. Arthur Street Hickory Street Arthur Street Hickory Street Hickory Street Brookview Drive Monroe Street Rice Creek Way Brookview Drive Central Avenue 6'7`'' Avenue 200' west of Alden Cr T.H. #47 E. Sery�9r. TO 53rd Avenue University Avenue Industrial Blvd. 550' east Industrial Boulevazd T.H. #65 E Approx 300 ft Fillmore Street Industrial Boulevazd Quincy Street West Moore Lake Drive Mississippi Street West Moore Lake Drive Monroe Street Central Avenue Ashton Avenue 609 Ft West Ashton Avenue Ashton Avenue West end cul-de-sac 6th Street Ashton Avenue Monroe Street East City Limits Rice Creek Terrace to cul-de-sac Pazk Entrance � � 0 � 0 Resolution No. - 2004 Page 3 STREET 7�"a Avenue 73rd Avenue 73`a North Service Drive 74`� Avenue 75th Avenue 75th Way 76`� Way 77`� Avenue 78`" Avenue 79`� Avenue 79'� Way 7th Street 7th Street 81 S` Avenue 83`a Avenue Able Street Alden Way Alley East of Beech Street Arthur Street Arthur Street Ashton Avenue Ashton Avenue. Ashton Avenue Baker Street Beech Street Benjamin Street Berne Road Broad Avenue Brookview Drive Buchanan Street Buffalo Street Camelot Lane Carrie Lane Cheri Lane Cheryl Street Commerce Circle East Commerce Circle South Commerce Circle West Commerce Lane Creek Pazk Lane Dover Street FROM TH #65 Commerce Lane West University Ave East Service Drive University Ave East Service Drive Central Avenue Osbome Way Alden Way East River Road E. Burlington No. R/W E. Burlington No. R/W W. Burlington No. R/W Madison Street 53rd Avenue Hickory Street Main Street West Moore Lake Drive 79th Avenue 78th Avenue Camelot Lane North Danube Road 52nd Avenue 65 'h Avenue 79th Avenue 73rd Avenue 77th Avenue Gardena Avenue Windemere Drive Buffalo Street Mississippi Street 53`� Avenue Riverview Terrace Squire Drive Quincy Street 53rd Avenue Riverview Terrace 73rd Avenue Commerce Circle East Commerce Circle South 73rd Avenue Central Avenue Ely Street 30 TO Central Avenue Stinson Boulevard Able Street Lyric Lane Stinson Boulevard 76th Way East to cul-de-sac Ranchers Road Main Street T.H. #47 Riverview Terrace 900 feet south 68th Avenue T.H. #47 T.H. #47 Mississippi Street 76th Way 79th Avenue Mississippi Street 400 feet north Industrial Blvd. Rice Creek Way Ironton Street Osbome Road 81 st Avenue Rice Creek Road Beme Circle east cul-de-sac Lafayette Street Rice Creek Terrace to Columbia Heights border Broad Avenue Arthur Street Jackson Street Fillmore Street Broad Avenue Commerce Circle South Commerce Circle West 73rd Avenue Osborne Road Arthur Street West end of cul-de-sac Resolution No. - 2004 Page 4 STREET Dover Street East Danube Road East Moore Lake Drive East River Rd. Serv. Dr. East River Rd. Serv. Dr. Elm Street Ely Street Ely Street Fairmont Street Fillmore Street Fillmore Street Fireside Drive Gardena Avenue Gardena Circle Gardena Lane Glacier Lane Glencoe Street Haclanann Avenue Hackmann Circle Hartmann Circle Hathaway Lane Heather Circle Heather Place Hickory Street Hickory Street Hickory Street Hillcrest Lane Hillwind Road Hugo Street Industrial Boulevard Ironton Street Jackson Street Janesville Street Kerry Lane Kimball Street Kristin Court Lafayette Street Liberty Street Lincoln Street Longfellow Street Lynde Drive FROM Riverview Terrace Matterhom Drive T.H. #65 Slst Way 57th Way 77th Avenue East River Road Riverview Terrace Riverview Terrace 53rd Avenue 53nd Avenue T.H. #65 Central Avenue Gardena Lane Gazdena Avenue Matterhom Drive Riverview Terrace Tennison Haclanann Avenue East River Road Hackmann Avenue Heather Place Old Central 78th Avenue 81 st Avenue East River Road Woody lane Matterhom Drive Riverview Terrace S l st Way Riverview Terrace Carrie Lane Riverview Terrace Ben More Drive Riverview Temace Stinson Boulevard Broad Avenue East River Road Buchanan Street East River Road Hillwind Road 31 TO Broad Avenue N. Innsbruck Dc. Central Avenue N. to Cul-de-Sac N. of 57th Way 79th Avenue West end of cul-de-sac Broad Avenue East River Road Cheri Lane through cul-de-sac Central Avenue East City Limits Thru Cul-de=sac Woody Lane St. Moritz Drive East River Road Central Avenue Hackmann Avenue 400 Feet West East end of cul-de-sac through cul-de-sac through cul-de-sac 79th Avenue 600 feet north Rice Creek Way Old Central - loop Hackmann Avenue East River Road Ashton Avenue East River Road 58th Avenue East River Road Rice Creek Road East River Road End of cul-de-sac East River Road West end of cul-de-sac 53`d Avenue West end of cul-de-sac Polk Street � a � Resolution No. - 2004 Page 5 STREET Main Street Main Street Matterhorn Drive Medtronic Parkway Mississippi Street Monroe Street North Danube Road North Innsbruck Drive Osborne Way Pierce Street Polk Street Quincy Street Rainer Pass Ranchers Road Regis Drive Regis Lane Rice Creek Terrace Rice Creek Way Riverview Terrace Riverwood Drive Royal Oak Court Shamrock Lane Skywood Court Skywood Lane Skywood Lane Springbrook Place Squire Drive St. Imier Drive St. Moritz Drive Stinson Boulevard Stinson Boulevard Stinson Boulevard Stinson Boulevard Symphony Court Symphony Street Taylor Street - Tenneson Drive T.H. #47 E. Service Drive T.H. #47 E. Service Drive T.H. #47 E. Service Drive T.H. #47 W. Service Drive FROM Osbome Road 57th Avenue South City limits 7`� Street Central Avenue 63rd Avenue West Danube Road Matterhom Drive East River Road 53`� Avenue Haclanann Avenue 57th Avenue Gtacier Lane 77th Avenue Hathaway Lane Regis Drive 6th Street East River Road 79th Way 71 st Avenue Arthur Street 69th Avenue Skywood Lane Fillmore Street Fillmore Street 79th Way Rice Creek Road Berne Road Trollhagen Drive 69th Avenue Osborne Road Mississippi Street Rice Creek Road Symphony Street 73rd Avenue North Service Drive 52"d Avenue Gardena Avenue 53rd Avenue 400 LF So 57th Avenue 69th Avenue 73rd Avenue �� i�i: 83rd Avenue 61 st Avenue Gardena Avenue West Moore Lake Drive Stinson Boulevard Rice Creek Terrace N. Innsbruck Drive East Ciry Limits 75th Way through cul-de-sac Lynde Drive Carrie Lane South City Limits 81 st Avenue Regis Lane � Matterhorn Drive Brookview Drive Ashton Avenue 200 ft N of Kimball St. 7-1/2 Avenue West to cul-de-sac North to cul-de-sac through cul-de-sac through cul-de-sac Matterhom Drive Longfellow Street Camelot Lane South City Limits South City Limits 68th Avenue 73rd Avenue North to dead end at Rice Creek Dead end at Creek South of Gardena Avenue Through cul-de-sac 7'" Avenue North through cul-de-sac Thru cul-de-sac North Approx. 500 feet Mississippi Street 73rd Avenue 85th Avenue Resolution No. - 2004 Page 6 STREET T.H. #47 W. Service Drive T.H. #�l7 W. Service Drive T.H. #65 E. Service Drive T.H. #65 E. Service Drive T.H. #65 E. Service Drive T.H. #65 W. Service Drive T.H. #65 W. Service Drive Trollhagen Drive West Danube Road West Moore Lake Drive Windemere Drive Woody Lane FROM Mississippi Street Osborne Road 73rd Avenue Osborne Road 63rd Avenue Osbome Road 73rd Avenue Matterhorn Drive North Danube Road T.H. #65 (N.Moore Lake) Trollhagen Drive Old Central TO South Approx. 800 feet 73rd Avenue North Service Drive 72nd Avenue Fireside Drive South 350 feet South 800 feet South End St. Imier Drive South Cul-de-sac T.H. #65 (S.Moore Lake) Trollhagen Drive Thru cul-de-sad C. Notice of these restrictions shall be published with respect to each of such streets and when so published, the restrictions shall be in fu(1 force and effect; all as provided thereof, under Chapter 503, City Code of Fridley, Minnesota, 1978. D. A vehicle in excess of such limits may be operated or driven upon a street in the City without violation of law when the same is done under Special Permit thereof issued in accordance with the provisions of Minnesota Statutes Sec. 169.87 which are adopted and made a part hereof by reference the same as if fully incorporated herein. PASSED AND ADOPTED BY THE CITY COUNCQ., OF TI� CITY OF FRIDLEY THIS STH DAY OF JANUARY, 2004. ATTEST: DEBRA A. SKOGEN, CITY CLERK SCOTT J. LUND, MAYOR 33 � � CfTY OF FRIDLEY TO: FROM: SUBJECT: DATE: AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 5, 2004 WILLIAIVI W. BURNS, CITY MANAGER RICHARD D. PRIBYL, FINANCE DIRECTOR RESOLUTION DESIGNATING OFFICIAL DEPOSITORIES December 31, 2003 Attached is a resolution that will appoint Wells Fargo Bank Minnesota N.A. as the City's official depository for 2004. We are incumng little cost for the service we are provided by Wells Fargo Bank Minnesota N.A. At this time, it does not seem to be beneficial to solicit for banking services since our options are limited within the Ciry. The service we receive is very good; Wells Fargo Bank Minnesota N.A. has been responsive to our requests for information. In using Wells Fargo Bank Minnesota N.A. we are able to invest idle cash on a daily basis with minimum cost to the City. We are able to determine daily needs and invest the balance in a money market account with Wells Fargo and First Trust. If we were to change the provider for the banking services we would need to change the method in which we invest idle funds and the ease in which we make deposits. RDP/me Attachment y 34 RESOLUTION NO. - 2004 RESOLUTION DESIGNATING OFFICI�L DEPOSITORIES FOR THE CITY OF FRIDLEY I, Richard D. Pribyl, do hereby certify that I am Finance Director-Treasurer of the City of Fridley, a corporation organized under the laws of the State of Nlinnesota. I further certify that at a meeting of said corporation chily and properly called and held on the �`h day of January, 2004, the following resolution was passed; that a quorum was present at said meeting; and that said resolution is set forth in the minutes of ineeting and has not been rescinded or modified. IT IS HEREBY RESOLVED, that Wells Fargo Banks is hereby designated as a depository for the funds of this corporation. IT IS FURTI�R RESOLVED, that checks, drafts or other withdrawal orders issued against the funds of this corporation on deposit with said bank shall be signed by two of the following: Richard D. Pribyl, Finance Director-Treasurer Alan D. Folie, Assistant Finance Director William W. Burns, City Manager and that said bank is hereby fWly authorized to pay and charge to the account of this corp�rarion any checks, drafts, or other withdrawal orders. � BE IT FtJRTHER RESOLVED, that Wells Fargo Banks as a designated depository of the corporation is hereby requested, authorized and directed to honor checks, drafts or other orders for the payment of money drawn in this corporation's name, including those drawn to the individual order of any person or persons whose name or names appeaz thereon as signer or signers thereof, when bearing or purporting to beaz the facsimile signatures of two of the following: Richazd D. Pribyl, Finance Director-Treasurer Alan D. Folie, Assistant Finance Director William W. Bums, City Manager and Wells Fargo Banks shall be entitled to honor and to charge this corporation for all such checks, drafts or other orders, regardless of by whom or by what means the facsimile signature or signatures thereon may have been affixed thereto, if such facsimile signature or signatures resemble the facsimile specimens duly certified to or filed with Wells Fazgo Banks by the City Clerk or other officer of his corporation. BE IT F[JRTHER RESOLVED, that any and all resolutions heretofore adopted by the City Council of the corporation and certified to as goveming the operarion of this corporation's account(s) with it, be and aze hereby continued in full force and effect, except as the same may be supplemented or modified by the foregoing part of this resolurion. 35 Page 2- Resolurion No. - 2004 BE IT FURTHER RESOLVED, that all transactions, if any relating to deposits, withdrawals, re-discounts and borrowings by or on behalf of this corporation with said bank prior to the adoprion of this resolution be, and the same hereby are, in all things rarified, approved and confirmed. ° BE IT FURTHER RESOLVED, that any bank or savings and loan may be used as depositories for investment purposes so long as the investments comply with authorized investments as set forth in Minnesota Statutes. BE IT FURTHER RESOLVED, that the signatures of two of the following named City employees are required for withdrawal of City investment funds from savings and loan associations: Richard D. Pribyl, Finance Director-Treasurer Alan D. Folie, Assistant Finance Director William W. Bums, City Manager BE IT FLTRTI-iER RESOLVED, that any brokerage fiim may be used as a vendor for investment putposes so long as the investments comply with the authorized investments as set forth in Minnesota Statutes. I further certify that the Council of this corporation has, and at the time of adoprion of said resolution had, full power and lawful authority to adopt the foregoing resolutions and to confer the powers therein granted to the persons named who have full power and lawfiil authority to exercise the same. PASSED A!�1D ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS _ DAY OF JANUARY, 2004. ATTEST: DEBRA A. SKOGEN - CITY CLERK SCOTT J. LUND - MAYOR �l•J : AGENDA ITEM CITY COUNCIL MEETlNG OF JANUARY 5, 2004 UTY OF FRIDLEY TO: WILLIAM W. BURNS, CITY NIANAGER FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR SUBJECT: DESIGNATING AN OFFICIAL NEWSPAPER FOR THE YEAR 2004 DATE: December 31, 2003 Attached is a resolution designating the Focus News as the official legal newspaper for the City of Fridley for the year 2004. The Minneapolis Star Tribune is designated as the City of Fridle y's second official newspaper for the year 2004. RDP/me Attachment 37 � RESOLUTION NO. - 2004 RESOLUTION DESIGNATING AN OFFICIAL NEWSPAPER FOR THE YEAR 2004 WHEREAS, the Charter of the City of Fridley requires in Section 12.01 thereof that the City Council annually designate an official newspaper for the City. NOW, THEREFORE, BE IT RESOLVED that the Focus News is designated the official legal newspaper for the City of Fridley for the year 2004 for all publications required to be published therein. BE IT FURTHER RESOLVED that the Minneapolis Star and Tribune be designated as the City of Fridley's second official newspaper for the year 2004. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS _ DAY OF JANUARY, 2004. ATTEST: DEBRA A. SKOGEN - CITY CLERK : SCOTT J. LUND - MAYOR � � QTY OF FRIDLEY T�: ��u. SUBJECT: AGENDA ITEM COUNCIL MEETING OF JANUARY 5, 2004 WILLIAM W. BURNS, CITY MANAGER RICHARD D. PRIBYL, FINANCE DIRECTOR MILEAGE RATE CHANGE - 2004 DATE: December 31, 2003 The Internal Revenue Service has made the decision to increase the mileage rate from $0.36 per mile to $0.375 for 2004. The attached resolution changes the City of Fridley's mileage rate to that of the current IRS rate. Based on past practice, it is my recommendation that we make this adjustment and present this resolution to City Council for approval at the January 5, 2004 meeting. RDP/me Attachment �� RESOLUTION NO. - 2004 A RESOLUTION AUTHORIZING A CHANGE IN MILEAGE REIMBURSEMENT RATES FOR THE 2044 CALENDAR YEAR WHEREAS, there has been a milea�e rate change in the Internal Revenue Service guidelines; WHEREAS, the Internal Revenue Service has increased the standard mileage rate to $0.375 cents per mile for 2004; and WHEREAS, an adjustment of the standard mileage rate for the City of Fridley is warranted; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley that the following change be authorized for employees of the City of Fridley, effective January 5, 2004. 1. Standard Mileage Rate increased to $0.375 per mile. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS _ DAY OF JANUARY, 2004. ATTEST: DEBRA A. SKOGEN - CITY CLERK � . � SCOTT J. LUND - MAYOR CITY OF FRIDLEY 2004 CITYCOUNCIL AND STAFFAPPOINTMENTS 2003 REPRESENTATIVE Mayor Pro Tem: Councilmember-at-Large Barnette Anoka County Law Enforcement Council: Councilmember-at-Large Barnette, Rep. Councilmember Wolfe, Alternate 2004 APPOINTEE Association of Metropolitan Municipalities: Mayor Lund, Delegate Councilmember Bolkcom, Alternate League of Minnesota Cities: Councilmember Billings, Representative _ Mayor Lund, Alternate School District Nos. 13: Councilmember-at-Large Barnette, Rep. _ Councilmember Bolkcom, Alternate School District Nos. 14: Councilmember-at-Large Barnette, Rep. Councilmember Bolkcom, Alternate School District No. 16: Councilmember Billings, Representative _ Councilmember Wolfe, Alternate Northstar Corridor Development Authori : Councilmember-at-Large Barnette, Rep. _ Councilmember Billings, Alternate _ North Metro Convention & Visitors Bureau: Debra A. Skogen, City Clerk 41 EXPIRES 12-31-04 " 12-31-04 12-31-04 12-31-04 12-31-04 12-31-04 12-31-04 12-31-04 12-31-04 12-31-04 12-31-04 12-31-04 12-31-04 12-31-04 12-31-04 12-31-03 . . : 1 ` AGENDA ITEM COUNCIL MEETING OF JANUARY 5, 2004 GTY OF FRIDLEY CLAIMS 114628 - 114883 42 � AGENDA ITEM � CITY COUNCIL MEETING OF JANUARY 5, 2004 �TM oF LICENSES FRIDLEY Type of License TOBACCO SuperStop 5300 Central Ave NE Fridley, MN 55421 FOOD Super Stop 5300 Central Ave NE Fridley, MN 55421 RETAIL GASOLINE Super Stop 5300 Central Ave NE Fridley, MN 55421 CHRISTMAS TREE Bachman's, Inc 8200 University Ave NE Fridley, MN 55432 : Jamuna Mahindru Jamuna Mahindru Jamuna Mahindru Susan Bachman West 43 Approved By: Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Public Safety Fire Inspector Community Development Fees: $125 $45 $60 $200 $100 Dep. � . City of Fridley AGENDA ITEM City Councii Meeting Of Monday, January 5, 2004 � Gas Services Fore Mechanical 3520 88 Ave NE Greg Dustin Blaine Mn 55014 General Contractor-Commercial Construction Results Corp 14170 23 Ave N Mark Snyder Plymouth MN 55447- Windows By George 645 Fairmont St NE George Patios Fridley MN 55432- General Contractor-Residential Haram Restoration (20247730) 8013 6 St NE Cheri Haram Minneapolis MN 55432- Robinson Construction Inc (20266707) 1317 16 Ave SE Matt Robinson Forest Lake MN 55025- Heatina Fore Mechanical 3520 88 Ave NE Greg Dustin Blaine MN 55014- Modern Concept Builders Inc 10748 Direct River Dr Chester Anderson Coon Rapids MN 55433- 44 Approved Bv: Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official State of MN State of MN Ron Julkowski Building Official Ron Julkowski Building Official Siqn Erector Westby Contracting 8320 Broad Ave Fridley MN 55432- Wreckinq Veit & Company Inc 14000 Veit Place Rogers MN 55374- � Paul Westby Greg Boelke 45 Aaproved Bv: Ron Juikowski Buiiding Official Ron Julkowski Building Official � '. I 9 � AGENDA ITEM CITY COUNCIL MEETING OF JANUARY 5, 2004 �oF ESTIMATES FRIDLEY Bituminous Roadways, Inc. 2825 Cedaz Avenue South Minneapolis, NIN 55407 Commons Pazk Parking Lot Reconstruction, Phase I Project No. 348 FINAL ESTIMATE ............................................................................ $2,834.57 . � = AGENDA ITEM CITY COUNCiL MEETING OF JANUARY 5, 2004 arir oF fRIDLEY Date: Decembe� 29, 2003 To: William Burns, City Manager �� From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: Public Hearing for Rezoning Request, ZOA #03-02, Town Center Development M-03-189 � INTRODUCTION Town Center Development, LLC, is requesting a rezoning for the west side of Central Avenue between Mississippi Street and E. Moore Lake Drive. Currently, there is a mixture of commercial and industrial zonings and the petitioner is seeking to rezone the entire block to S-2 Redevelopment District. The owners of Advance Companies, Ziebart, and the Housing and Redevelopment Authority have agreed to the rezoning request. [Supp�ementary reading materials available in Council's reading file] PLANNING COMMISSION RECOMMENDATION At the November 5, 2003, Planning Commission meeting, a public hearing was held for ZOA #03-02. After receiving public comment and discussion, the Planning Commission recommended approval of rezoning request, ZOA #03-02, with the 24 stipulations as presented and an addition of stipulation #25 to read, "The petitioner shall work with City staff and the neighbors to come up with a screening plan to provide adequate screening consisting of adult trees and other creative decorative screening befinreen the proposed development and the neighboring properties prior to the City Council meeting on November 24, 2003." THE MOTION CARRIED UNIMOUSLY. PAST COUNCIL ACTION The City Council tabled action on this item and continued the public hearing until January 5, 2004. The Council requested that a more detailed traffic analysis be completed and that the developer meet with surrounding property owners to further review screening of the site. Traffic Analysis The petitioner hired Traffic Data, Inc. to prepare a detailed traffic study of the areas 47 surrounding the proposed development. A full copy of the report has been included in the Council reading packet. The consultant determined that under all scenarios, the functioning of the roadways and intersections would not be negatively impacted by the senior development. Furthermore, the traffic-engineering firm stated that neither a traffic signal nor other roadway improvements would be necessary to accommodate the traffic from the development. The numbers presented in the study match closely the traffic counts conducted by the City's engineering staff. Neighborhood Concerns The developer invited 88 property owners to a meeting at Sandee's Restaurant on December 13, 2003. It was reported to staff that the neighbors were most concerned with the height of the building. To address the concerns with height, the petitioner met with staff on December 18"' to discuss "Plan B" (also included in the Council's reading packet). Plan B is a 3-story, 54 unit senior condominium building. The loss of 1 story of building height requires that the building be extended to the north and east in a"U" shaped configuration. Plan B would allow for more (72 stalls) of the senior parking to be placed underground and would not impact the number of parking stalls required for Sandees. Staff did note that if Plan B should become the approved site plan, a minor correction would need to be made in regards to the drive aisle into the parking ramp. A 25' wide drive is required for two-way traffic and the proposed alternative site plan shows only a 20' wide drive aisle. PLANNING STAFF RECOMMENDATION City Staff recommends approval of the rezoning to S-2 and with it the accompanying master plan for the zoning district. Staff has reviewed both proposals, the original 4-story and the 3-story alternative, and determined that either building design would fit on the site, but that the 3-story alternative would be less intn.�sive to the neighborhood west of the development. STIPULATIONS Staff recommends the following stipulations be attached to the approval of all land use requests, above (including stipulation #26 if Plan B is the site plan approved with the rezoning}. 1. Property to be developed in accordance with site plan, sheet C2-1, dated October 29, 2003, by Loucks McLagan Engineering Firm. � 2. Petitioner to obtain all necessary permits prior to construction. 3. Petitioner to meet the attached comments from the Fire Marshall. 4. Petitioner to meet all building and ADA requirements. : 5. Exterior remodeling plans for Sandee's to be reviewed and approved by City staff prior to issuance of a building permit. 6. Patio on the north side of Sandee's to be removed prior to issuance of a building permit for the senior complex. .; 7. Petitioner to provide clearance letter from the State Historical Preservation Office prior to the demoiition of the Tamarisk building. 8. Existing Sandee's signs in the right-of-way shall be removed prior to issuance of a building permit. 9. No business signs shall be located within the County right-of-way. Any planting within the right-of-way to be approved by the County prior to planting. 10. Petitioner to obtain a permit from Anoka County for any work done within the county right-of-way. 11. Restoration of bike path along Central after will be required after completion of senior complex. 12. Petitioner shall identify ponding area and provide easements for stormwater run-off and management. 13. Storm pond maintenance agreement must be filed prior to issuance of building permits. 14. Petitioner shall obtain any required NPDES Permit and provide NURP ponding for entire site. 15. City Engineering staff to review and approve grading and drainage plan prior to issuance of building permits. 16. Landscape plan to be reviewed and approved by City Staff prior to issuance of building permit. 17. Petitioner to pay any required Park Dedication Fees. 18. Petitioner to provide City with a copy of the buildings' association documents prior to issuance of a building permit. 19. Building to be restricted to seniors and policies to do such shall be outlined in association documents. 20. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 21. Property owner of record at time of building permit application, to pay all water and sewer connection fees prior to issuance of a building permit. 22. The petitioner to provide a traffic study that is approved by the County prior to issuance of a building permit. 23. The petitioner shall be responsible for the cost of any traffic improvements necessary to accommodate the traffic generated by the development including signalization or other improvements, if determined necessary by Anoka County. 24. A Development Agreement outlining the Developer's obligation to install utilities, etc., will be prepared by the City and shall be signed by the Petitioner prior to final plat approvaL 25.The petitioner shall work with City staff and the neighbors to come up with a screening plan to provide adequate screening consisting of adult trees and other creative decorative screening between the proposed development and the neighboring properties prior to the City Council meeting on November 24, 2003. 26. All drive aisles to be used for 2-way traffic shall be 25' in width. .• ORDINANCE NO. � ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS The Council of the City of Fridley does ordain as follows: SECTION 1. Appendix D of the Fridley City Code is amended hereinafter as indicated, and is hereby subject to the stipulations as shown in Attachment 1. SECTION 2. The tract or area within the County of Anoka and the City of Fridley and described as: 1282 Mississippi Street and 6490 Central Avenue: Lot 1, 2, & 3, Auditors Subdivision No. 88, except road, subject to easement of record. 6400 Central Avenue, 6352 Central Avenue, 6300 Central Avenue, and 1271 East Moore Lake Drive: Lots 1-5, Block 1, Herwal Rice Creek Terrace, subject to easement of record. Is hereby designated to be in the Zoned District S-2 (Redevelopment District). SE CTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or area to be rezoned from Zoned District C-1 (Local Business), C-2 (General Business), C-R1 (General Office), and M-1 (Light Industrial) to S-2 (Redevelopment District). PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 5"-' DAY OF JANUARY 2004. ATTEST: DEBRA A. SKOGEN — CITY CLERK Public Hearing: November 24, 2003 First Reading: Second Reading: Publication: 50 SCOTT J. LUND — MAYOR City of Fridley Land Use Application ZOA #03-02 November 5, 2003 GENERAL INFORMATlON SPECIAL INFORMATION Applicant: Town Center Development, LLC 13750 Reimer Drive Maple Grove MN 55311 Requested Action: Rezone property from C-1, C-2, CR-1, M-1 to S- 2. Location: 1282 Mississippi Street, 6490 Central Avenue, 6400 Central Avenue, 6352 Central Avenue, 6300 Central Avenue, 1271 E Moore Lake Drive Existing Zoning: 1282 Mississippi Street - C-1, Local Business 6490 Central Avenue - C-1, Local Business and C-2, General Business 6400 Central Avenue - M-1, Light Industrial 6352 Central Avenue - CR-1, General Office 6300 Central Avenue - M-1, Light Industrial 1271 E Moore Lake Drive - M-1, Light Industrial Size: Approximate size of entire area to be rezoned: 374,880 sq. ft. 8.6 acres Existing Land Use: Tamarisk Resources, Sandee's Restaurant, Advance Companies, Ziebart, and vacant land Surrounding Land Use & Zoning: N: Office Building, Apartments & C-2, R-3 E: Commercial & Residential homes & C-1, C- 2 S: Shopping Plaza & C-3 W: Duplexes 8� R-2 Comprehensive Plan Conformance: Future Land Use Map designates this area as Redevelopment. Zoning History: 1282 Mississippi Street: 1948 - Lot is platted. 1952 - House is built. 1985 - Property rezoned from R-1 to C-1 1987 - Lot split approved to split off the northerly 213 feet of Lot 3, Auditor's Subdivision No. 88, same being this property. 6490 Central Avenue: 1948 - Lot is platted. Building constructed pre-1949 1954 - Addition to building. 1966 - Addition to building. 51 1980 - Addition to kitchen. 6400 Central Avenue: 1959 - Building constructed. 1969 - Warehouse built. 1975 - Lot is platted. 1988 - Addition to building. 6352 Central Avenue: Vacant Lot 6300 Central Avenue: 1975 - Lot is platted. 1976 - Building is constructed. 1271 E. Moore Lake Drive: Vacant Lot Legal Description of Property: 1282 Mississipoi Street: • Part of Lot 3, Auditor's Subdivision #88 6490 Central Avenue: Lot 1, 2, and 3, Auditor's Subdivision #88 6400 Central Avenue: Lot 1, Block 1, Herwal Rice Creek Terrace 6352 Central Avenue: Lots 2& 3, Block 1, Herwal Rice Creek Terrace 6300 Central Avenue: Lot 4, Block 1, Herwal Rice Creek Terrace 1271 E Moore Lake Drive: Lot 5, Block 1, Herwal Rice Creek TeRace Councit Action / 60 Day Date: City Council - November 24, 2003 60 Day Date - December 1, 2003 SUMMARY OF REQUEST The petitioner, Town Center Development, LLC, is requesting to rezone the property located at 1282 Mississippi St., 6490 Central Ave., 6400 Central Ave., 6352 Central Ave., 6300 Central Ave., and 1271 E. Moore Lake Dr., from C-1, Local Business, C-2 General Business, M-1, Light Industrial and CR-1, General Office to S-2 Redevelopment District to accommodate redevelopment of 1281 Mississippi Street and 6490 Central Avenue and to expand the redevelopment district to the end of the block. SUMMARY OF ANALYSIS City Staff recommends approval of this rezoning master plan requesf. . Proposed rezoning is consistent with the Comprehensive Plan. 2 . Provides housing opportunities for Fridtey seniors. Staff Repo�t Prepared by: Stacy Stromberg & Paul Bolin 52 Special Use Permit ZOA#03-03 & PS#03-08 OVERVIEW The requests: Town Center Development, LLC, is requesting two separate land use actions from the City of Fridley in order to construct 55 senior owner-occupied condominium units at 6490 Central Avenue. The two actions being requested are a Plat and a Rezoning, both of which will be examined individually in this report. A Plat is being requested to create two new parcets, from 1282 Mississippi Street, currently Tamarisk Resources, and 6490 Central Avenue, currently Sandee's and the vacant lot south of it. Sandee's Restaurant will occupy one parcel and the other parcel will allow for the construction of the 55 senior condominiums. The petitioner is also requesting a rezoning for the west side of Central Avenue between Mississippi Street and E. Moore Lake Drive. Currently, there is a mixture of commercial and industrial zonings and the petitioner is seeking to rezone the entire block to S-2 Redevelopment District The owners of Advance Companies, Ziebart, and the Housing and Redevelopment Authority have agreed to the rezoning request. � Proposed Project: Town Center Development, LLC, is proposing to construct a 4-story 55-unit senior condominium complex south of Sandee's Restaurant. Sandee's Restaurant will remain, but will be under new ownership. The proposed 55 units will be owner-occupied and - comprised of 2 bedroom units. Thirty-one of the units will be 1,138 square feet, 8 of the units will be 1,185 square feet, and the remaining 16 units will be 1,255 square feet in size. The development will include 51 underground parking stalls and 4 garage stalls and - additional surface parking. A storm pond will be located on the south end of the project, with a trail system and landscaping surrounding the property. . 53 SITE HISTORY In 1991, Tom Brickner requested a rezoning of the vacant property located south of Sandee's Restaurant and west of Central Avenue from C-1, Local Business, and C-2, General Business, to R-3, Generai Multiple Family Dweliing in order to construct a 48 unit, three story apartment building. This rezoning request was similar to the one before us today; however, it requested a rezoning to R-3, Multi-Family and was essentially an island of R-3 zoning, surrounded by commercial and industrial prope�ties. Ultimately, it was denied based on the fact that it was spot zoning. --- ------�- � '�� ; t2sz �; � � � ''�� 1 � :� � :! � � �; � � �� 4 .v �� m � � �: �i 12 n ;,g��' ,�, m :�� l43 � x64�1;; � � �� Y- � � �,�� 640d � B g�..�� I :s�s;�;� � R 1 '.� �� I ��;�� _� I � � s�zs`�= � g s , ��`� ;: a . Circle signifies that area that was proposed to be rezoned in 1991. ANALYSIS Rezoning Request ZOA #03-02 The petitioner is requesting a rezoning for the west side of Central Avenue between Mississippi Street and East Moore Lake Drive. Currently, there is a mixture of commercial and industrial zonings and the petitioner is seeking to rezone the entire block to S-2 Redevelopment District. The properties requesting the rezoning request are 1282 Mississippi Street (Tamarisk Resources, zoned C-1, Local Business), 6490 Central Avenue (Sandee's and vacant lot south, zoned C-1, Local Business and C-2, General Business), 6400 Central Avenue (Advance Companies, zoned M-1, Light Industrial), 6352 Central Avenue (vacant lot, owned by the HRA, zoned CR-1, General Office), 6300 Central Avenue (Ziebart, zoned M-1, Light Industrial) and 1271 East Moore Lake Drive (vacant land, owned by the HRA, zoned M-1, Light Industrial). The only properties that are proposed to be redeveloped are 1282 Mississippi Street and 6490 Central Avenue; the others will remain as they exist today. 54 � -- ------�— � � �� rzs2 � � � —i ` �`y � �s f � � ! , —' � �: �� 1 ,4 � . 'n � � r�i i2 n ��g�; � m � . HI � ��. ; � -1 � r � �� 'g ��' I � ��:� � �� 1 �` � I �� w � Q Y �� y a . . Zoning Map — Shows mix of zoning and properties to be replatted and rezoned. The City's Zoning O�dinance and official Zoning Map are the mechanisms that help the City achieve the vision laid out in the Comprehensive Plan. State Statute gives the City the authority to "rezone" property from one designated use to another, so long as the zoning is in conformance with the Comprehensive Plan. The Comprehensive Plan was developed with resident input taken from several meetings held between 1998 and 2000 and is a`�oo/ intended to help guide future growth and development of the community...lt is a plan because it contains goals, policies and strategies that all work together, looking to the future and working towards achieving a community wide vision': In order for a rezoning to be viewed favorably, it must be in line with the City's vision laid out in the Comprehensive Plan. The proposed senior owner-occupied condominium complex and rezoning of the property meet several of the objectives the residents of Fridley identified in the visioning session for the Comprehensive Plan. The area of Old Central between Mississippi Street and Rice Creek Road was identified as an area for future redevelopment. Redevelopment is described in the Comprehensive Plan as a form of community revitalization that transforms undesirable elements into desirable elements that reflect the community collective vision. The purpose of redevelopment is to provide the opportunity for more efficient land uses and eliminate inefficient land uses and under utilized parcels. Redeve/opment can also provide an opportunity to build new facilities, meet current market demands and desires of the City, and eliminate incompatible land uses. All the above purposes of redevelopment have the potential of being met with the rezoning of these properties. The Comprehensive Plan specifically states that for this portion of Old Central, "consideration should be made to replacing the current mix of single-family residential 55 and commercial uses with higher density residential development that together with the health club may serve as an attractive residential location for move-up housing". The Comprehensive Plan also states that for projects in these redevelopment areas requiring rezoning that the S-2 zoning designation "wou/d be the appropriate Zoning district to implement for the redevelopment project. The intent of the district is to provide the City with site plan review authority to determine if the proposed project meets the goals and objectives of the City's Comprehensive and Redevelopment Plans". The Comprehensive Plan, in both the Future Land Use 8� the Housing chapters, addresses the desire for a variety of housing types in a number of goals listed below. . Ensure that adequate opportunities exist for the deve/opment of a variety of housing types at a range of affordability /evels inc/uding low, low-moderafe and high cost housing to meet the life-cycle needs of Fridley residents. . Create sustainable, self-reliant, mixed-use and mixed-income neighborhoods that contribute positively to the quality of life and image of Fridley. . Ensure a variety of housing types for people in all stages of the life cycle. . Strengthen neighborhoods and improve upon the quality of the City's housing stock. . Diversify the housing supply to include move up housing both in the form of rental and owner occupied housing. As Fridley's residents continue to age, demand will increase for "empty nester' and senior housing. There will be an increased demand for senior rental, senior owned condominium/town homes, and assisted living facilities. The proposed project, 55 senior owner-occupied condominium units, will meet some of the current demand for those seniors seeking alternatives to their current housing type. To avoid spot zoning and achieve the Comprehensive Plan's goal for this area, the petitioner has received permission from Advance Companies, Ziebart, and the Housing and Redevelopment Authority to request the rezoning from their current zoning designations to the S-2, Redevelopment District. Plat Request #03-08 Town Center Development, LLC, is seeking to replat the properties located at 1282 Mississippi Street and 6490 Central Avenue to create two separate lots. One of the newly created lots will accommodate the Sandee's Restaurant, and the other will be used to allow for the construction of a 55-unit owner occupied senior condominium development. The property at 1282 Mississippi Street is currently zoned C-1, Local Business. The existing building was constructed in 1952 and is currently being occupied by Tamarisk Resources. The property at 6490 Central Avenue has a split zoning of C-1, Local Business and C-2, General Business. Sandee's Restaurant occupies the northeast corner of the site and the remainder of the property is vacant. The proposed replat will consist of two lots; Lot #1 and Lot #2, Block 1, Town Center Development. Rezoning a property to S-2, Redevelopment District allows for the maximum 56 flexibility for a redevelopment project; however, City stafF asked the petitioner to design their project to try to meet the zoning classification codes most similar to their intended use. The proposed Lot #1 will accommodate Sandee's restaurant. Restaurants are typically zoned C-2, Generaf Business. Proposed Lot #1 is 24,525 square feet in size, which exceeds the minimum lot area requirement for the C-2, General Business District. Proposed Lot #1 also meets all the parking requirements for size and number of parking stalls required for a restaurant use. Anoka County has had the opportunity to review the proposed project and has stated that additional right-of-way on Central Avenue and Mississippi Street will be required for future reconstruction purposes. They anticipate that a 120 ft. right-of-way corridor will be required for both Central Avenue/Mississippi Street intersections in order to provide the necessary turn lanes for future safety and operational purposes. The County assumes when the Central Avenue/Mississippi Street intersection is reconstructed, it would be centered in the 120 ft. right-of-way corridor. Consequently, roadway right-of-way dedication needs for this site are 27-30 ft. adjacent to Mississippi Street and 10 ft. adjacent to Central Avenue. Therefore, the County is requesting that at this time, both of the right-of-ways be dedicated. Due to the necessity of the right-of-way acquisition along both County Roads, the Sandee's restaurant building will be less than 1 ft. from the north property line, 3 ft. frori� the east property line, and the parking setback will be 5 feet from the north properly line. The additional land acquisition will also require the petitioner to remove his existing patio area on the north side of the building. As stated above, due to the flexibility allowed in the S-2, Redevelopment district, the diminished setbacks can be recognized under this rezoning master plan approval. The proposed Lot #2 is 126,075 square feet (2.89 acres) in size. The petitioner is proposing to construct 55 senior owner occupied condominium units. The development .�• will include 51 underground parking stalls and 4 garage stalls located at surface level. Because of the underground parking and the high water table in this area, the height of the . building will be 51 feet at the midspan. The parking setback will be 10 feet from the property line on the east side of the property, due to the additional right-of-way being acquired by the County. 57 TRAFFIC Staff utilized a number of sources to determine the possible impacts that 55 senior owner occupied condominium units may have on the local traffic patterns. In addition to discussions with Jane Pemble, Anoka County Traffic Engineer, staff examined the Institute of Traffic Engineer's Trip Generation, consulted the Transportation chapter of the City's Comprehensive Plan, and reviewed the traffic study supplied by Loucks & Associates. Anoka County City Staff contacted Jane Pemble, Traffic Engineering Manager at Anoka County, who stated that currently the County has no plans or allocated funding to reconstruct, provide safety improvements, or signalize the Central Avenue/Mississippi Street intersection. Political and social pressures may determine when the intersection is re-worked. She also stated that it is not clear whether or not this development will have a significant impact on traffic volumes and/or turning movements. In order to determine the impacts, a traffic study for this particular intersection will need to be done. Institute of Traffic Engineer's (ITE) Trip Generation The 4`h Edition of ITE's Trip Generation manual does not have a specific category for SENIOR RESIDENTIAL TOWNHOMES. As a result, Staff reviewed the traffic generation numbers for RESIDENTIAL CONDOMINIUMS. The RESIDENTIAL CONDOMINIUMS are not age specific, meaning that the numbers provided include persons of all ages and family sizes living in condominium style housing. As seniors may have very different driving habits (ie. may be retired and rarely drive, or choose to drive at the least busy times of day) the numbers presented by the ITE Trip Generation manual may be viewed as a worse- case scenario for the number of trips to be generated by the proposed development. The ITE Trip Generation manual states that for residential condominiums, each unit generates 5.85 trips / day. A trip means any vehicle entering or leaving the complex. For example, leaving for work & then returning from work would count as 2 trips. Given the 55 units, it would be expected that a total of 322 vehicles would enter or leave the complex during the course of a day. When the data is further analyzed, by time, the impact of these vehicles on the surrounding roadways is negligible. During the morning rush hours of 7- 9AM, an additional 24.5 vehicles are entering or leaving the neighboring roadway (Old Central) over the two-hour timeframe. During the aftemoon rush hours of 4-6PM, an additional 30 vehicles enter into or leave from the complex. The following table summarizes what the ITE Trip Generation manual states a residential condominium complex generates for traffic during peak rush hours. PEAK HOUR TRI TIME # of Trips / Unit 7-9 AM .446 / Unit 4-6 PM .561 / Unit # of Units 55 Units 55 Units Total Vehicle Trips 24.5 Trips 30 Triqs Comprehensive Plan — Transportation Chapter The City's Comprehensive Plan indicated that in 2001, the portion of Old Central adjacent to the proposed senior condominiums carried 8,000 vehicles per day and, at this traffic : level, was only carrying 57% of the traffic for which the roadway was designed and constructed to function at a Level of Service (LOS) D. The Comprehensive Plan anticipates Old Central carrying over 10,000 vehicles per day by the year 2020, based upon increases in population for Fridley & suROUnding communities, as well as redevelopment and reinvestment within Fridley. At 10,000 vehicles / day, Old Central will be carrying 71 % if the maximum amount of traffic for which the roadway was designed. Review of Loucks � Associates Traffic Analysis Town Center Development hired the Engineering & Planning firm of Loucks & Associates to perform additional traffic analysis. The consultants viewed the numbers for RETIREMENT COMMUNITY in the ITE Trip Generafion manual and determined that the proposed complex would generate a total of 165 trips per day. As the condominiums are available for those over 55, a number of residents may still be working and the retirement community numbers may be low. The true number of trips per day likely falls between the 165 trips/day generated by a RETIREMENT COMMUNtTY and the 322 trips/day generated by the average RESIDENTIAL CONDOMINIUM complex. A full copy of the consultant's report has been attached for your review. STAFF RECOMMEDATION City Staff recommends approval of Rezoning Request ZOA #03-03 and accompanying site plan for the senior building and Sandee's site, with stipulations. . Proposed rezoning is consistent with the Comprehensive Plan. . Provides housing opportunities for Fridley seniors. City Staff recommends approval of the preliminary plat for PS#03-08, with stipulations. STIPULATIONS Staff recommends the following stipulations be attached to the approval of all land use requests, above. 1. Property to be developed in accordance with site plan, sheet C2-1, dated October 29, 2003, by Loucks McLagan Engineering Firm. 2. Petitioner to obtain all necessary permits prior to construction. 3. Petitioner to meet the attached comments from the Fire Marshall. 4. Petitioner to meet all building and ADA requirements. 5. Exterior remodeling plans for Sandee's to be reviewed and approved by City staff prior to issuance of a building permit. 6. Patio on the north side of Sandee's to be removed prior to issuance of a buifding - permit for the senior complex. 7. Petitioner to provide clearance letter from the State Historical Preservation Office . prior to the demolition of the Tamarisk building. ` 8. Existing Sandee's signs in the right-of-way shall be removed prior to issuance of a building permit. 9. No business signs shall be located within the County right-of-way. Any planting within the right-of-way to be approved by the Coun#y prior to planting. 59 10. Petitioner to obtain a permit from Anoka County for any work done within the county right-of-way. 11. Restoration of bike path along Central after will be required after completion of senior complex. 12. Petitioner shall identify ponding area and provide easements for stormwater run-off and management. 13. Storm pond maintenance agreement must be filed prior to issuance of building permits. 14. Petitioner shall obtain any required NPDES Permit and provide NURP ponding for entire site. 15. City Engineering staff to review and approve grading and drainage plan prior to issuance of building permits. 16. Landscape plan to be reviewed and approved by City Staff prior to issuance of building permit. 17. Petitioner to pay any required Park Dedication Fees. 18. Petitioner to provide City with a copy of the buildings' association documents prior to issuance of a building permit. 19. Building to be restricted to seniors and policies to do such shall be outlined in association documents. � 20. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 21. Property owner of record at time of building permit application, to pay all water and sewer connection fees prior to issuance of a building permit. 22. The petitioner to provide a traffic study that is approved by the County prior to issuance of a building permit. 23. The petitioner shall be responsible for the cost of any traffic improvements necessary to accommodate the traffic generated by the development including signalization or other improvements, if determined necessary by Anoka County . 24. A Development Agreement outlining the Developer's obligation to install utilities, etc., will be prepared by the City and shall be signed by the Petitioner prior to final plat approvaL .1 � AGENDA ITEM ` CITY COUNCIL MEETING OF JANUARY 5, 2004 GTY OF FRIDLEY Date: December 29, 2003 To: William Burns, City Manager�� From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: Public Hearing for Plat Request, PS #03-08, Town Center Development � M-03-190 INTRODUCTION Town Center Development, LLC, is requesting a plat to create two new parcels from 1282 Mississippi Street, currently Tamarisk Resources and 6490 Central Avenue, currently Sandee's and the vacant lot south of it. Sandee's Restaurant will occupy one parcel and the other parcel will allow for the construction of the 55 senior owner occupied condominiums. [Supplementary reading materials available in Council's reading file] PLANNING COMMISSION RECOMMENDATION At the November 5, 2003, Planning Commission meeting, a public hearing was held for PS #03-08. After receiving public comment and discussion, the Planning Commission recommended approval of plat request, PS #03-08, with the 24 stipulations as presented and an addition of stipulation #25 to read, `The petitioner shall work with City staff and the neighbors to come up with a screening plan to provide adequate screening consisting of adult trees and other creative decorative screening between the proposed development and the neighboring properties prior to the City Council meeting on November 24, 2003." THE MOTION CARRIED UNIMOUSLY. PAST COUNCIL ACTION The City Council tabled action on this item and continued the public hearing until January 5, 2004. The Council requested that a more detailed traffic analysis be completed and that the developer meet with surrounding property owners to further review screening of the site. Traffic Analysis The petitioner hired Traffic Data, Inc. to prepare a detailed traffic study of the areas surrounding the proposed development. A full copy of the report has been included in the 61 Council reading packet. The consultant determined that under all scenarios, the functioning of the roadways and intersections would not be negatively impacted by the senior development. Furthermore, the traffic-engineering firm stated that neither a traffic signal nor other roadway improvements would be necessary to accommodate the traffic from the development. The numbers presented in the study match closely the traffic counts conducted by the City's engineering staff. Neighborf►ood Concerns The developer invited 88 property owners to a meeting at Sandee's Restaurant on December 13, 2003. It was reported to staff that the neighbors were most concerned with the height of the building. To address the concerns with height, the petitioner met with staff on December 18t'' to discuss "Plan B" (also included in the Council's reading packet). Plan B is a 3-story, 54 unit senior condominium building. The loss of 1 story of building height requires that the building be extended to the north and east in a"U" shaped configuration. Plan B would allow for more (72 stalls) of the senior parking to be placed underground and would not impact the number of parking stalls required for Sandees. Staff did note that if Plan B should become the approved site plan, a minor correction would need to be made in regards to the drive aisle into the parking ramp. A 25' wide drive is required for two-way traffic and the proposed alternative site plan shows only a 20' wide drive aisle. PLANNING STAFF RECOMMNEDATION City Staff recommends concurrence with the Planning Commission. STIPULATIONS Staff recommends the following stipulations be attached to the approval of all land use requests, above (including stipulation #26 if Plan B is the site plan approved with the rezoning). 1. Property to be developed in accordance with site plan, sheet C2-1, dated October 29, 2003, by Loucks McLagan Engineering Firm. 2. Petitioner to obtain all necessary permits prior to construction. 3. Petitioner to meet the attached comments from the Fire Marshall. 4. Petitioner to meet all building and ADA requirements. 5. Exterior remodeling plans for Sandee's to be reviewed and approved by City staff prior to issuance of a building permit. 6. Patio on the north side of Sandee's to be removed prior to issuance of a building permit for the senior complex. 7. Petitioner to provide clearance letter from the State Historical Preservation Office prior to the demolition of the Tamarisk building. 8. Existing Sandee's signs in the right-of-way shall be removed prior to issuance of a building permit. 9. No business signs shall be located within the County right-of-way. Any planting within the right-of-way to be approved by the County prior to planting. 62 10. Petitioner to obtain a permit from Anoka County for any work done within the county right-of-way. 11. Restoration of bike path along Central after will be required after completion of senior complex. 12. Petitioner shall identify ponding area and provide easements for storm water run-off and management. 13. Storm pond maintenance agreement must be filed prior to issuance of building permits. 14. Petitioner shall obtain any required NPDES Permit and provide NURP ponding for entire site. 15. City Engineering staff to review and approve grading and drainage plan prior to issuance of building permits. 16. Landscape plan to be reviewed and approved by City Staff prior to issuance of building permit. 17. Petitioner to pay any required Park Dedication Fees. 18. Petitioner to provide City with a copy of the buildings' association documents prior to issuance of a building permit. 19. Building to be restricted to seniors and policies to do such shall be outlined in association documents. � 20. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 21. Property owner of record at time of building permit application, to pay all water and sewer connection fees prior to issuance of a building permit. 22. The petitioner to provide a traffic study that is approved by the County prior to issuance of a building permit. 23.The petitioner shall be responsible for the cost of any traffic improvements necessary to accommodate the traffic generated by the development including signalization or other improvements, if determined necessary by Anoka County. 24. A Development Agreement outlining the Developer's obligation to install utilities, etc., will be prepared by the City and shall be signed by the Petitioner prior to final plat approval. 25. The petitioner shall work with City staff and the neighbors to come up with a screening plan to provide adequate screening consisting of adult trees and othe� creative decorative screening between the proposed development and the neighboring properties prior to the City Council meeting on November 24, 2003. 26.A11 drive aisles to be used for 2-way traffic shall be 25' in width. � 63 City of Fridley Land Use Application PS#03-08 November 5, 2003 GENERAL INFORMATION Appiicant: Town Center Development, LLC 13750 Reimer Drive Maple Grove MN 55311 Requested Actions: Replat property into 2 lots. Purpose: To create 2 separate lots to allow for the construction of a 55 unit senior housing development. Existing Zoning: C-1 (Local Business), C-2 (General Business) Location: 1282 Mississippi St. 8� 6490 Central Ave. Size: Total Area: 150,600 sq. ft. 3.5 acres l.ot 1: 24,525 sq. ft. .56 acres Lot 2: 126,075 sq. ft. 2.89 acres Existing Land Use: Tamarisk Resources, Sandee's Restaurant Surrounding Land Use 8� Zoning: N: Office Building, Apa�tments & C-2, R-3 E: Commercial property & Residential homes & C-1, G2 S: Advance Companies & M-1 W: Duplexes & R-3 Comprehensive Plan Conformance: Future Land Use Map designates this area as Redevelopment. Zoning History: 1282 Mississippi Street: 1948 — Lot is platted. 1952 — House is built. 1985 — Property rezoned from R-1 to C-1 1987 — Lot split approved to split off the northerly 213 feet of Lot 3, Auditor's Subdivision No. 88, same being this property. 6490 Central Avenue: 1948 — Lot is platted. Building constructed pre-1949 1954 — Addition to building. 1966 — Addition to building. 1980 — Addition to kitchen. .� SPECIAL INFORMATION Existing Legal Description of Property: 1282 Mississippi Street: Part of Lot 3, Auditor's Subdivision #88 6490 Central Avenue: Lot 1, 2, and 3, Auditor's Subdivision #88 Refer to attached Plat. Council Action / 60 Day Date: City Council — November 24, 2003 60 Day — December 1, 2003 Public Utilities: Sandee's is connected and water and sewer are available near the site for the new development. Physical Characteristics: Relatively flat, building, asphalt and some landscapinq. SUMMARY OF PROJECT The petitioner, Town Center Development, LLC, is requesting to replat the properties at 1282 Mississippi Street and 6490 Central Avenue to create two separate lots, which will accommodate the Sandee's Restaurant and a new parcel for the construction of a 55-unit senior owner occupied condominium development. SUMMARY OF ANALYSIS City Staff recommends approval of the P/at Request. Staff Report Prepared by: Stacy Stromberg & Paul Bolin ZOA#03-03 & PS#03-08 OVERVIEW The requests: Town Center Development, LLC, is requesting two separate land use actions from the City of Fridley in order to construct 55 senior owner-occupied condominium units at 6490 Central Avenue. The two actions being requested are a Plat and a Rezoning, both of which will be examined individually in this report. A Plat is being requested to create two new parcels, from 1282 Mississippi Street, currently Tamarisk Resources, and 6490 Central Avenue, currently Sandee's and the vacant lot south of it. Sandee's Restaurant will occupy one parcel and the other parcel will allow for the construction of the 55 senior condominiums. The petitioner is also requesting a rezoning for the west side of Central Avenue befinreen Mississippi Street and E. Moore Lake Drive. Currently, there is a mixture of commercial and industrial zonings and the petitioner is seeking to rezone the entire block to S-2 Redevelopment District The owners of Advance Companies, Ziebart, and the Housing and Redevelopment Authority have agreed to the rezoning request. Proposed Project: Town Center Development, LLC, is proposing to construct a 4-story 55-unit senior condominium complex south of Sandee's Restaurant. Sandee's Restaurant will remain, but will be under new ownership. The proposed 55 units will be owner-occupied and - comprised of 2 bedroom units. Thirty-one of the units will be 1,138 square feet, 8 of the units will be 1,185 square feet, and the remaining 16 units will be 1,255 square feet in size. � The development will include 51 underground parking stalls and 4 garage stalls and - additional surface parking. A storm pond will be located on the south end of the project, with a trail system and landscaping surrounding the properry. - 65 SITE HISTORY In 1991, Tom Brickner requested a rezoning of the vacant property located south of Sandee's Restaurant and west of Central Avenue from C-1, Local Business, and C-2, General Business, to R-3, General Multiple Family Dwelling in order to construct a 48 unit, three story apartment building. This rezoning request was similar to the one before us today; however, it requested a rezoning to R-3, Multi-Family and was essentially an island of R-3 zoning, surrounded by commercial and industrial properties. Ultimately, it was denied based on the fact that it was spot zoning. ----------�� :, �� ! ,ze2 � �� 1 �y� � � ,� <- � .: ,; � . .�.� � � � s `�'�� I � �s%� 1 .; �. f �� f Se! � ��s � � '} � =�# 1 /� ��4 i g Y W;f.�� ' � . .�:.,....., J:vvMd�.�. � Circle signifies that area that was proposed to be rezoned in 1991. ANALYSIS Rezoning Request ZOA #03-02 The petitioner is requesting a rezoning for the west side of Central Avenue befinreen Mississippi Street and East Moore Lake Drive. Currently, there is a mixture of commercial and industrial zonings and the petitioner is seeking to rezone the entire block to S-2 Redevelopment District. The properties requesting the rezoning request are 1282 Mississippi Street (Tamarisk Resources, zoned C-1, Local Business), 6490 Central Avenue (Sandee's and vacant lot south, zoned C-1, Local Business and C-2, General Business), 6400 Central Avenue (Advance Companies, zoned M-1, Light Industrial), 6352 Central Avenue (vacant lot, owned by the HRA, zoned CR-1, General Office), 6300 Central Avenue (Ziebart, zoned M-1, Light Industrial) and 1271 East Moore Lake Drive (vacant land, owned by the HRA, zoned M-1, Light Industrial). The only properties that are proposed to be redeveloped are 1282 Mississippi Street and 6490 Central Avenue; the others will remain as they exist today. .. -- -----�— ; � : o ` ,zs2 i ; .�: � :� i s �" s�as;": . � �s "' - � � t �a � . s4a.� ! m,� � � � ,� �` � � 12 n �.644'�� m�� -� w � .�.�;t � ss �'�` r��i B406 g '�� .`e`��'� l �� : . . : ! t ��... � � g a +63'E5x �" R . � Zoning Map — Shows mix of zoning and properties to be replatted and rezoned. The City's Zoning Ordinance and official Zoning Map are the mechanisms that help the City achieve the vision laid out in the Comprehensive Plan. State Statute gives the City the authority to "rezone" property from one designated use to another, so long as the zoning is in conformance with the Comprehensive Plan. The Comprehensive Plan was developed with resident input taken from several meetings held befinreen 1998 and 2000 and is a`�ool intended to help guide future growth and development of the community...lt is a plan because it contains goals, policies and strategies that al! work together, looking to the future and working towards achieving a community wide vision': In order for a rezoning to be viewed favorably, it must be in line with the City's vision laid out in the Comp�ehensive Plan. The proposed senior owner-occupied condominium complex and rezoning of the property meet several of the objectives the residents of Fridley identified in the visioning session for the Comprehensive Plan. The area of Old Central between Mississippi Street and Rice Creek Road was identified as an area for future redevelopment. Redevelopment is described in the Comprehensive Plan as a form of community revitalization that transforms undesirable elements into desirable elements that reflect the community co/lective vision. The purpose of redevelopment is to provide the opportunity for more e�cient land uses and eliminate inefficient land uses and unde� utilized parcels. Redevelopment can also provide an opportunity to build new facilities, meet current market demands and desires of the City, and eliminate incompatible land uses. All the above purposes of redevelopment have the potential of being met with the rezoning of these properties. The Comprehensive Plan specifically states that for this portion of Old Central, "consideration should be made to replacing the current mix of single-family residential 67 and commerciaJ uses with higher density residentia/ development that together with the health club may serve as an attractive residential location for move-up housing". The Comprehensive Pian aiso states that for projects in these redevelopment areas requiring rezoning that the S-2 zoning designation "would be the appropriate Zoning district to implement for the redevelopment project. The intent of the district is to provide the City with site plan review authority to determine if the proposed project meets the goa/s and objecfives of the City's Comprehensive and Redevelopment Plans". The Comprehensive Plan, in both the Future Land Use & the Housing chapters, addresses the desire for a variety of housing types in a number of goals listed below. . Ensure that adequate opportunities exist for the development of a variety of housing types at a range of affordability levels including low, low-moderate and high cost housing to meet the life-cycle needs of Fridley residents. . Create sustainable, self-reliant, mixed-use and mixed-income neighborhoods that contribute positively to the quality of life and image of Fridley. . Ensure a variefy of housing types for people in all stages of the life cycle. . Strengthen neighborhoods and improve upon the quality of the City's housing stock. . Diversify the housing supp/y to include move up housing both in the form of rental and owner occupied housing. As Fridley's residents continue to age, demand will increase for "empty nester" and senior housing. There will be an increased demand for senior rental, senior owned condominium/town homes, and assisted living facilities. The proposed project, 55 senior owner-occupied condominium units, will meet some of the current demand for those seniors seeking alternatives to their current housing type. To avoid spot zoning and achieve the Comprehensive Plan's goal for this area, the petitioner has received permission from Advance Companies, Ziebart, and the Housing and Redevelopment Authority to request the rezoning from their current zoning designations to the S-2, Redevelopment District. Plat Request #03-08 Town Center Development, LLC, is seeking to replat the properties located at 1282 Mississippi Street and 6490 Central Avenue to create two separate lots. One of the newly created lots will accommodate the Sandee's Restaurant, and the other will be used to a11ow for the construction of a 55-unit owner occupied senior condominium development. The property at 1282 Mississippi Street is currently zoned C-1, Local Business. The existing building was constructed in 1952 and is currently being occupied by Tamarisk Resources. The property at 6490 Central Avenue has a split zoning of C-1, Local Business and C-2, General Business. Sandee's Restaurant occupies the northeast corner of the site and the remainder of the property is vacant. The proposed replat will consist of two lots; Lot #1 and Lot #2, Block 1, Town Center Development. Rezoning a property to S-2, Redevelopment District allows for the maximum .: flexibility for a redevelopment project; however, City staff asked the petitioner to design their project to try to meet the zoning classification codes most similar to their intended use. The proposed Lot #1 will accommodate Sandee's restaurant. Restaurants are typically zoned C-2, General Business. Proposed Lot #1 is 24,525 square feet in size, which exceeds the minimum lot area requirement for the C-2, General Business District. Proposed Lot #1 also meets alf the parking requirements for size and number of parking stalls required for a restaurant use. Anoka County has had the opportunity to review the proposed project and has stated that additional right-of-way on Central Avenue and Mississippi Street will be required for future reconstruction purposes. They anticipate that a 120 ft. right-of-way corridor will be required for both Central Avenue/Mississippi Street intersections in order to provide the necessary turn lanes for future safety and operational purposes. The County assumes when the Central Avenue/Mississippi Street intersection is reconstructed, it would be centered in the 120 ft. right-of-way corridor. Consequently, roadway right-of-way dedication needs for this site are 27-30 ft. adjacent to Mississippi Street and 10 ft. adjacent to Central Avenue. Therefore, the County is requesting that at this time, both of the right-of-ways be dedicated. Due to the necessity of the right-of-way acquisition along both County Roads, the Sandee's restaurant building will be less than 1 ft. from the north property line, 3 ft. frorri the east property line, and the parking setback will be 5 feet from the north property line. The additional land acquisition will also require the petitioner to remove his existing patio area on the north side of the building. As stated above, due to the flexibility allowed in the S-2, Redevelopment district, the diminished setbacks can be recognized under this rezoning master plan approval. The proposed Lot #2 is 126,075 square feet (2.89 acres) in size. The petitioner is proposing to construct 55 senior owner occupied condominium units. The development will include 51 underground parking stalls and 4 garage stalls located at surface level. Because of the underground parking and the high water table in this area, the height of the building will be 51 feet at the midspan. The parking setback will be 10 feet from the property line on the east side of the property, due to the additional right-of-way being acquired by the County. �� TRAFFIC Staff utilized a number of sources to determine the possible impacts that 55 senior owner occupied condominium units may have on the local traffic patterns. In addition to discussions with Jane Pemble, Anoka County Traffic Engineer, staff examined the Institute of Traffic Engineer's Trip Generation, consulted the Transportation chapter of the City's Comprehensive Plan, and reviewed the traffic study supplied by Loucks & Associates. Anoka County City Staff contacted Jane Pemble, Traffic Engineering Manager at Anoka County, who stated that currently the County has no plans or allocated funding to reconstruct, provide safety improvements, or signalize the Central Avenue/Mississippi Street intersection. Political and social pressures may determine when the intersection is re-worked. She also stated that it is not clear whether or not this development will have a significant impact on traffic volumes and/or tuming movements. In order to determine the impacts, a traffic study for this particular intersection will need to be done. Institute of Traffic Engineer's (ITE) Trip Generation The 4t'' Edition of ITE's Trip Generation manual does not have a specific category for SENIOR RESIDENTIAL TOWNHOMES. As a result, Staff reviewed the traffic generation numbers for RESIDENTIAL CONDOMINIUMS. The RESIDENTIAL CONDOMINIUMS are not age specific, meaning that the numbers provided include persons of all ages and family sizes living in condominium style housing. As seniors may have very different driving habits (ie. may be retired and rarely drive, or choose to drive at the least busy times of day) the numbers presented by the ITE Trip Generation manual may be viewed as a worse- case scenario for the number of trips to be generated by the proposed development. The ITE Trip Generation manual states that for residential condominiums, each unit generates 5.85 trips / day. A trip means any vehicle entering or leaving the complex. For example, leaving for work & then returning from work would count as 2 trips. Given the 55 units, it would be expected that a total of 322 vehicles would enter or leave the complex during the course of a day. When the data is further analyzed, by time, the impact of these vehicles on the surrounding roadways is negligible. During the morning rush hours of 7- 9AM, an additional 24.5 vehicles are entering or leaving the neighboring roadway (Old Central) over the finro-hour timeframe. During the afternoon rush hours of 4-6PM, an additional 30 vehicles enter into or leave from the complex. The following table summarizes what the ITE Trip Generation manual states a residential condominium complex generates for traffic during peak rush hours. TIME 7-9 AM 4-6 PM f:i i:7 [��I�].If� # of Trips / Unit .446 / Unit .561 / Unit # of Units 55 Units 55 Units Total Vehicle Trips 24.5 Trips 30 Trips Comprehensive Plan — Transportation Chapter The City's Comprehensive Plan indicated that in 2001, the portion of Old Central adjacent to the proposed senior condominiums carried 8,000 vehicles per day and, at this traffic 70 level, was only carrying 57% of the traffic for which the roadway was designed and constructed to function at a Level of Service (LOS) D. The Comprehensive Plan anticipates Old Central carrying over 10,000 vehicles per day by the year 2020, based upon increases in population for Fridley & surrounding communities, as well as redevelopment and reinvestment within Fridley. At 10,000 vehicles / day, Old Central will be carrying 71 % if the maximum amount of traffic for which the roadway was designed. Review of Loucks & Associates Traffic Analysis Town Center Development hired the Engineering & Planning firm of Loucks & Associates to perform additional traffic analysis. The consultants viewed the numbers for RETIREMENT COMMUNITY in the ITE Trip Generation manual and determined that the proposed complex would generate a total of 165 trips per day. As the condominiums are available for those over 55, a number of residents may still be working and the retirement community numbers may be low. The true number of trips per day likely falls between the 165 trips/day generated by a RETIREMENT COMMUNITY and the 322 trips/cfay generated by the average RESIDENTIAL CONDOMINIUM complex. A full copy of the consultanYs report has been attached for your review. STAFF RECOMMEDATION City Staff recommends approval of Rezoning Request ZOA #03-03 and accompanying site plan for the senior building and Sandee's site, with stipulations. . Proposed rezoning is consistent with the Comprehensive Plan. . Provides housing opportunities for Fridley seniors. City Staff recommends approval of the preliminary plat for PS#03-08, with stipulations. STIPULATIONS Staff recommends the following stipulations be attached to the approval of all land use requests, above. 1. Property to be developed in accordance with site plan, sheet C2-1, dated October 29, 2003, by Loucks McLagan Engineering Firm. 2. Petitioner to obtain all necessary permits prior to construction. 3. Petitioner to meet the attached comments from the Fire Marshall. 4. Petitioner to meet all building and ADA requirements. 5. Exterior remodeling plans for Sandee's to be reviewed and approved by City staff prior to issuance of a building permit. 6. Patio on the north side of Sandee's to be removed prior to issuance of a building permit for the senior complex. 7. Petitioner to provide clearance letter from the State Historical Preservation Office prior to the demolition of the Tamarisk building. 8. Existing Sandee's signs in the right-of-way shall be removed prior to issuance of a building permit. 9. No business signs shall be located within the County right-of-way. Any planting within the right-of-way to be approved by the County prior to planting. 71 10. Petitioner to obtain a permit from Anoka County for any work done within the county right-of-way. 11. Restoration of bike path along Central after will be required after completion of senior complex. 12. Petitioner shall identify ponding area and provide easements for stormwater run-off and management. 13. Storm pond maintenance agreement must be filed prior to issuance of building permits. 14. Petitioner shall obtain any required NPDES Permit and provide NURP ponding for entire site. 15. City Engineering staff to review and approve grading and drainage plan prior to issuance of building permits. 16. Landscape plan to be reviewed and approved by City Staff prior to issuance of building permit. 17. Petitioner to pay any required Park Dedication Fees. 18. Petitioner to provide City with a copy of the buildings' association documents prior to issuance of a building permit. 19. Building to be restricted to seniors and policies to do such shall be outlined in association documents. 20. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 21. Property owner of record at time of building permit application, to pay all water and sewer connection fees prior to issuance of a building permit. 22.The petitioner to provide a traffic study that is approved by the County prior to issuance of a building permit. � 23. The petitioner shall be responsible for the cost of any traffic improvements necessary to accommodate the traffic generated by the development including signalization or other improvements, if determined necessary by Anoka County . 24. A Development Agreement outlining the Developer's obligation to install utilities, etc., will be prepared by the City and shall be signed by the Petitioner prior to final plat approval. 72 � � C7TY OF fRiDLEY Date To AGENDA iTEM CiTY COUNCIL MEETING OF JANUARY 5, 2004 December 23, 2003 William Burns, City Manager � � F�om: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: Public Hearing for a Rezoning Request, ZOA #03-04, RAS Properties M-03-188 INTRODUCTION Rolland Stinski, RAS Properties, and the owner of 450 and 476 75`h Avenue is requesting to rezone the properties located at 351 74�h Avenue, 361 74t'' Avenue, 371 74th Avenue, 389 74`" Avenue, 415 75th Avenue, 7400 Lyric Lane, 350 75th Avenue, 460 75`h Avenue, 450 75th Avenue and 476 75"' Avenue from R-1 Single Family (460 75th Avenue) and R-2, Two Family Units to R-3, Multi-Family. The petitioner has contacted all of the above property owners regarding the rezoning request and we have received signatures from all but 1 of them. The petitioner has indicated that the 1 property owner he hadn't heard from is not opposed to the rezoning request but didn't want to contribute to the cost of the rezoning application. Currently, there are a number of apartment buildings in the City that are zoned R-2, Two Family and used to house multi-family buildings. All of these buildings are pre-existing non- conforming due to the revision of the R-2 code in the 1960's. City Staff asked the City Council and the various Commissions on their 2001 Council/Commission survey if they were interested in having staff initiate a rezoning process for all these properties to make them conforming. The results of the 2001 survey indicated that the Council preferred to evaluate each of the properties on a case by case basis and wait for the individual property owners to come to us. Therefore, the petitioner has submitted the current rezoning request. PLANNING COMMISSION RECOMMENDATION At the December 17, 2003, Planning Commission meeting, a public hearing was held for ZOA #03-04. After a brief discussion, the Planning Commission recommended approval of rezoning request, ZOA #03-04, with the stipulations as presented. THE MOTION CARRIED UNAMIOUSLY. PLANNING STAFF RECOMMNEDATION City Staff recommends concurrence with the Planning Commission. 73 ORDINANCE NO. ___ ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS The Council of the City of Fridley does ordain as follows: SECTION 1. Appendix D of the Fridley City Code is amended hereinafteras indicated, and is hereby subject to the stipulations as shown in Attachment 1. SECTION 2. The tract or area within the County of Anoka and the City of Fridley and described as: 351 74T" Avenue: Lot 10, Block 1, Melody Manor Addition. 361 74th Avenue: Lot 9, Block 1, Melody Manor Addition. 371 74�' Avenue: Lot 8, Block 1, Melody Manor Addition. 389 74�' Avenue: Lots 6& 7, Block 1, Melody Manor Addition. 415 74�' Avenue: Lots 4& 5, Block 1, Melody Manor Addition. 7400 Lyric Lane: Lot 3, Block 1, Melody Manor Addition. 350 75th Avenue: Lot 12, Block 1, Melody Manor Addition. 460 75th Avenue: That part of the east'/2 of the northwest'/ of Section 11, Township 30, Range 24 described as following: beginning at the intersection of south right-of-way line of 75�' Avenue NE & southerly extension of west line of Block 1 Osborne Manor, thence south along said extended 161.33 ft, thence east parallel with said right-of-way line 270 ft. +or- to Southerly extension of east line of said Block 1, thence north along said southerly extension to said south right-of-way line, thence west along said south right-of-way line to point of beginning, subject to easement of record. 450 75�' Avenue: Lot 1, Block 1, Melody Manor Addition. 476 75th Avenue: Lot 2, Block 1, Melody Mano� Addition. Is hereby designated to be in the Zoned District R-3 (General Multiple Units). 74 SECTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or area to be rezoned from Zoned District R-1 (Single Family), and R-2 (Two Family Units) to R-3 (General Multiple Units). PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 5th DAY OF JANUARY, 2004. SCOTT J. LUND — MAYOR ATTEST: DEBRA A. SKOGEN — CITY CLERK Public Hearing: January 5, 2003 First Reading: Second Reading: Publication: 75 City of Fridley Land Use Application ZOA-03-04 December 17, 2003 GENERAL INFORMATION SPECIAL INFORMATION Appiicant: Rolland Stinski RAS Properties 3647 McKinley Street Minneapolis MN 55418 Requested Action: Rezone property from R-1 & R-2 to R-3. Existing Zoning: R-1, Single Family & R-2, Two Family Units Location: 351 74"' Avenue, 361 74"' Avenue, 371 74"' Avenue, 389 74�' Avenue, 415 74"' Avenue, 7400 Lyric Lane, 350 75"' Avenue, 460 75"' Avenue, 450 75"' Avenue, 476 75"' Avenue. Size: 351 74�' Ave: approx. 23,880 sq. ft. 361 74th Ave: approx. 13, 500 sq. ft. 371 74th Ave: approx. 13, 500 sq. ft. 389 74th Ave: approx. 27,000 sq. ft. 415 74th Ave: approx. 13,500 sq. ft. 7400 Lyric ln: approx. 13,158 sq. ft. 350 75th Ave: approx. 22,422 sq. ft. 460 75th Ave: approx. 44,033 sq. ft. 450 75th Ave: approx. 23,280 sq. ft. 476 75th Ave: approx. 23,280 sq. ft. Existing Land Use: 460 75"' Avenue is a church, all other parcels are Multi-Family. Surrounding Land Use & Zoning: N: Single Family & R-1 E: Single family & R-1 S: Duplexes & R-2 W: University Ave Service Road & ROW Comprehensive Plan Conformance: Consistent with Plan. Zoning Ordinance Conformance: Section 205.09.01.A.(1) allows multiple dwellings including rental and condominium apartments. Zoning History: 351 74"' Avenue: 1961 - Lot is platted. 1963 - 11-unit building constructed. 361 74"' Avenue: 1961 - Lot is platted. 1962 - 8-unit building constructed. 371 74"' Avenue: 1961 - Lot is platted. 1979 - 4-unit building constructed. 1979 - Detached garage constructed. 389 74"' Avenue: 1961 - Lot is platted. 76 1963 - 11-unit building constructed. 415 74�' Avenue: 1961 - Lot is platted. 1963 - 11-unit building constructed. 7400 Lyric Lane: 1961 - Lot is platted. 1963 - 8-unit buitding constructed. 350 75"' Avenue: 1961 - Lot is platted. 1966 - 11-unit building constructed. 460 75"' Avenue: 1961 - Lot is platted. 1957 - Church constructed. 1983 - Addition to church. 1986 - Garage constructed. 1989 - Deck constructed. 2001 - Bell tower constructed. 450 75"' Avenue: 1961 - Lot is platted. 1963 - 11-unit building constructed. 1973 - Garages constructed. 1991 - Garages constructed. 476 75"' Avenue: 1961 - Lot is platted. 1963 - 11-unit building constructed. Legal Description of Property: 351 74�' Ave. - Lot 10, Block 1, Melody Manor Adc. 361 74"' Ave. - Lot 9, Block 1, Melody Manor Add. 371 74"' Ave. - Lot 8, Block 1, Melody Manor Add. 389 74"' Ave. - Lot 6, 7, Block 1, Melody Manor Acd. 415 74"' Ave. - Lot 4, 5, Block 1, Melody Manor Acd. 7400 Lyric Ln. - Lot 3, Block 1, Melody Manor Adc. 350 75"' Ave. - Lot 12, Block 1, Melody Manor Ade. 460 75"' Avenue - Parcel 43560, N%z Section 11, Outlot 1, Melody Manor Addition. 450 75"' Ave. - Lot 1, Block 1, Melody Manor Add. 476 75"' Ave. - Lot 2, Block 1, Melody Manor Add. Council Action / 60 Day Date: January 5, 2004 / January 12, 2004 SUMMARY OF REQUEST Rolland Stinski, RAS Properties, and owner of 450 and 476 75"' Avenue is requesting to rezone the properties located at 351 74"' Avenue, 361 74�' Avenue, 371 74"' Avenue, 389 74"' Avenue, 415 75'� Avenue, 7400 Lyric Lane, 350 75"' Avenue, 460 75� Avenue, 450 75"' Avenue and 476 75�' Avenue from R- 1 Single Family (460 75"' Avenue) and R-2, Two Family Units to R-3, Multi-Family. 2 SUMMARY OF ANALYSIS City Staff recommends approva/ of this rezoning request. • Proposed rezoning corrects an existing non- conform ity. • Proposed rezoning is consistent with the Comprehensive Pian. Staff Report Prepared by: Stacy Stromberg 77 Rezoning ZOA #03-04 REQUEST Roiland Stinski, RAS Properties, and the owner of 450 and 476 75th Avenue is requesting to rezone the �roperties located at 351 74th Avenue, 361 74�h Avenue, 371 74th Avenue, 389 74t Avenue, 415 75�h Avenue, 7400 Lyric Lane, 350 75�n Avenue, 460 75th Avenue, 450 75th Avenue and 476 75`h Avenue from R-1 Single Family (460 75th Avenue) and R-2, Two Family Units to R-3, Multi-Family. The petitioner has contacted all of the above property owners regarding the rezoning request and we have received signatures from all but 2 of them. The petitioner has indicated that the 2 property owners he hadn't heard from aren't opposed to the rezoning request but didn't want to contribute to the cost of the rezoning application. � i -.� =-•:. ��u�� ••: = �► ., _ s � ��J��i �� 4� � ��' .3� � , '� 7�TH AV�__�.. �� ► r .� ANALYSIS All of the above referenced properties are zoned R-2, Two Family Units with the exception of 460 75th Avenue (Grace Lutheran Church), which is zoned R-1, Single Family. The R-2 zoned properties are made up of multi-family housing, ranging from 4 units to 11 units, and were constructed between 1962-1979. As the properties exist today, they are considered existing non-conforming uses. The code states that a non-conforming use can exist as it is today and can be upgraded provided that necessary repairs do not constitute more than 50% of the fair market value of such structure. The code also states that if the non- conforming structure is damaged by fire, flood, explosion, earthquake, tornado, riot, or act of God, it may be reconstructed and used as before it if is reconstructed within 12 months, unless the damage to the building or structure is 50% or more of its fair market value. In no case may a non-conforming use be expanded. In 1955, a zoning ordinance was adopted that added the R-3, Multi-Family zoning district, however multi-family was still a permitted use in the R-2, Two- Family zoning district. The subject properties became non-conforming when the City adopted a new zoning ordinance in 1964, revising the permitted uses of the R-2 zoning District. The revision doesn't allow multi-family uses in the R-2 : zoning district, therefore making the existing multi-family buildings in the R-2 district pre-existing non-conforming. The petitioner came to City Hall last summer to apply for a building permit to tear down his existing garages and build new ones. Because his property is non- conforming, a building permit couldn't be issued to re-invest in his property. City staff suggested that the best way to resolve the non-confo�ming issue and give the petitioner the ability to legally re-invest in his property would be to rezone his property to R-3, which is the current use of the property. In order to accomplish a successful rezoning, the entire block befinreen 74th Avenue, 75th Avenue, University Avenue Service Road and Lyric Lane would need to be rezoned. Currently, there are at least 50 apartment units (and potentially more) in the City that are zoned R-2, Two Family and are used to house multi-family buildings. All of these building are pre-existing non-conforming due to the revision of the R-2 code in the 1960's. City Staff asked the City Council and the various Commissions on their 2001 Council/Commission survey if they were interested in having staff initiate a rezoning process for all these properties to make them conforming. The results of the 2001 survey indicated that the Council preferred to evaluate each of the properties on the case by case basis and wait for the individual property owners to come to us. Therefore, the petitioner has submitted the current rezoning request. Rezoning these properties not only allows the property owners to re-invest in their properties, it also protects the supply of rental housing in Fridley. The City's zoning ordinance and official zoning map are the mechanisms that help the City achieve the vision laid out in the Comprehensive Plan. The law gives the City the authority to "rezone" property from one designated use to another, so long as the zoning is in conformance with the Cornprehensive Plan. The Comprehensive Plans current land use map and 2020 future land use map designates this area as "Multi-Family." Therefore, rezoning these properties from R-2, Two Family to R-3, Multi-Family is consistent with the Comprehensive Plan and will promote preservation and rehabilitation of the existing multi-family buildings. Staff Recommendation City Staff recommends approval of this rezoning request, with stipulations. • Proposed rezoning corrects an existing non-conformity. • Proposed rezoning is consistent with the Comprehensive Plan. 79 [ntroduction Dale Helm 7;99 S�mphony ST NE (�[y Home) is on che comer of: Symphony & 7�`� .ave �.E. f want to thank the councif for this opportunity to raise my concerns to the proposa( to re-zone the 2��} �—(� area from an R2 ro an R3 ratin�. I have four major concerns to this proposal. I. Eristina l�lutti-Unit Housina was built in violation to the eYistina code A: This situation has existed for many years (at least) oefore 199� when I moved in to my home. I feel the solution is to make a lon; term transition plan from multi-unit back to residential homes instead of tryin, to find a�`quick tix" such as re-zonin�. B: .�(ulti-Unit housin� has de-va(ued the surroundin; residential propeRies & further development wouid increase that de-valuement and continue the current trend. (Based on Appraisals). Possib(y causing your current home owners to seek homes "elsewhere". C: Under current code-when bui(din�s require reptacement a family home would need to be built instead of an apartment comples-allowin� Frid(ey to re-claim single famity residential property. [ feet that is a very positive thing for the community. II. Re-zonina oaens the door to the wronQ direction for this communitv Current(y, the multi leve( housin; along 74`� Ave ti`.E. are varied in size and desi�n-some are 1 story, 2 story, and even 3 story buildin;s. By re-zonin;, any available (and (or existin; structures) can be used to further develop this area and build much lar�er developments. A. With "Urban Sprawl", "Commercial over-development", and shorta;es in single family homes bein; real issues that Twin Cities townships face I feel the counci( should look at the impact this would make. B. [n a period where affordable sin;le family housing is scarce, and large multi-unit comp(exes are numerous, we should be try•in� to "preserve our nei�hborhoods not over develop them. III. Re-zonina intensifies current issues I face with existinQ vtulti-Unit Housina Please Note: that when appropriate Police have been called to aid in these matters-yet they continue-through no fault of the Police A. Trash: side lawn, front lawn, & streets (74`� & Symphony) all from the apartment compfex. B. Increased Traftic: going to and from ihe apartment complexes. C. Noise: vehicles (apartment complexes) with Boomine Stereo all hours of the night-any day the week. D. Encroaching Apartment Tenants: Sunbathin� & Grilting on the froni (awn (or) sittin� in lawn chairs curbside watchin� residents come and �o from their homes. Workin; on their cars on 74�' Ave N.E. � E. Height of Apartment & Privacy Issues: People come out on their decks and stare at you in your own back yard. You don't want to use your ewn lawn, deck, or play with your chitdren. F: Proximity: My family hears conversations, ar�uments, people calfin; to others (usually children or visitors. From inside mv home. I have also had to smell mariivana while standine on mv front lawn. :1 G: Hu�e Issues with :�partment Complex Juveniles: Due to the streetlight on my corner children of alt ages use the intersection and the corner of my properry to meet, han�out, p(ay street sports, or �enerally ;et into troub(e. These children are always unattended and unsunervised ran�in_ in ages t'rom 3-t 7 vears old. T;�is ;s a re�aular occurrence (Day, Ni�ht. even very Late tiight). Winter is che onlv time that mv tamily `ets a oreak trom this activity-which includes.: 1: Street Sports in the Intersection or on my lawn: Hockey, Basketball. Footba[I, Baseba((, Stickball, skaceboarding off my curb. Ridin� their bikes & roller bladins up my drivewav. 3: Older kids han;out 3� terrorize: bully other smaller children for lauQhs. 3: Undera;e smokers: smoke on my corner & throw their butts on my drive �4c my lawn. l: Kids take rocks from my yard: chrow them at cars, houses, into the sueet, or at other children. �: Apartment Kids constantly trespass on my front yard: to sit, talk, & just "Han� Out". 6: Smalt Apartment Kids come into my lawn & play in the rock area: as thou�h it is a"sandbox" for them to play in. 7: Unattended apartment children are getting into trouble on a regular basis: (Example) BB Gun [ncident: Police were called & did confiscate the BB Gun-but not before the followin�: Two boys took �reat �(ee in shooting other very small children with BB's causin' injury, and fear. Before the Police arrived they ran out of ammo & started pumpin� the gun- placing the barrel to other children's heads and pullin� the trigger. They did this at the apartment doorstep so children (eavin� the apartment could be cau;ht by surprise. Durin� this entire time no parent were on the scene-oniv after police had arrived to take awav the aun did oarents suddenlv show up Please Note: These children are far `'too youn�" to be left out unattended-especially at night. I have talked to them numerous times-some aze latch �ey kids-some have parents that just don't care. Until something is done-groups of 5 to 2�kids will continue to congregate at this very spot every Spring, Summer, & Fall. IV. The current state of mv NeiQhborhood & the Direction I feel we should go Currentiv, it is not safe for mv own children to alav in their own front vard-I want this to chan�e-Mv familv is tired of beinQ a prisoner in our own home. Please sa�• `�NO" to Re-Zonina &�vork to�r•ards a friendlier more resaonsible nei�hborhood who has an investment in the communitv-not 'tust peonle nassina throuah. : � AGENDA ITEM ` CITY COUNCIL MEETING OF JANUARY 5, 2004 GTY OF fRIDIEY Date: December 29, 2003 To: William Burns, City Manager�l�� From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: 1� Reading Of An Ordinance for Rezoning Request, ZOA #03-02, Town Center Development M-03-191 � INTRODUCTION Town Center Development, LLC, is requesting a rezoning for the west side of Central Avenue between Mississippi Street and E. Moore Lake Drive. Currently, there is a mixture of commercial and industrial zonings and the petitioner is seeking to rezone the entire block to S-2 Redevelopment District. The owners of Advance Companies, Ziebart, and the Housing and Redevelopment Authority have agreed to the rezoning request. PLANNING COMMISSION RECOMMENDATION At the November 5, 2003, Planning Commission meeting, a public hearing was held for ZOA #03-02. After receiving public comment and discussion, the Planning Commission recommended approval of rezoning request, ZOA #03-02, with the 24 stipulations as presented and an addition of stipulation #25 to read, "The petitioner shall work with City staff and the neighbors to come up with a screening plan to provide adequate screening consisting of adult trees and other creative decorative screening between the proposed development and the neighboring properties prior to the City Council meeting on November 24, 2003." THE MOTION CARRIED UNIMOUSLY. PAST COUNCIL ACTION The City Council tabled action on this item and continued the public hearing until January 5, 2004. The Council requested that a more detailed traffic analysis be completed and that the developer meet with suROUnding property owners to further review screening of the site. : � � {. PLANNING STAFF RECOMMENDATION City Staff recommends the Councii hold the first reading of an ordinance for the approval of the rezoning to S-2 and with it the accompanying master plan for the zoning district. STIPULATIONS Staff recommends the following stipulations be attached to the approval of all land use requests, above (including stipulation #26 if Plan B is the site plan approved with the rezoning). 1. Property to be developed in accordance with site plan, sheet C2-1, dated October 29, 2003, by Loucks McLagan Engineering Firm. 2. Petitioner to obtain all necessary permits prior to construction. 3. Petitioner to meet the attached comments from the Fire Marshall. 4. Petitioner to meet all building and ADA requirements. 5. Exterior remodeling plans for Sandee's to be reviewed and approved by City staff prior to issuance of a building permit. 6. Patio on the north side of Sandee's to be removed prior to issuance of a building permit for the senior complex. 7. Petitioner to provide clearance letter from the State Historical Preservation Office prior to the demolition of the Tamarisk building. � 8. Existing Sandee's signs in the right-of-way shall be removed prior to issuance of a building permit. 9. No business signs shall be located within the County right-of-way. Any planting within the right-of-way to be approved by the County prior to planting. 10. Petitioner to obtain a permit from Anoka County for any work done within the county right-of-way. 11. Restoration of bike path along Central after will be required after completion of senior complex. 12. Petitioner shall identify ponding area and provide easements for stormwater run-off and management. 13. Storm pond maintenance agreement must be filed prior to issuance of building permits. 14. Petitioner shall obtain any required NPDES Permit and provide NURP ponding for entire site. 15. City Engineering staff to review and approve grading and drainage plan prior to issuance of building permits. 16. Landscape plan to be reviewed and approved by City Staff prior to issuance of building permit. 17. Petitioner to pay any required Park Dedication Fees. 18. Petitioner to provide City with a copy of the buildings' association documents prior to issuance of a building permit. 19. Building to be restricted to seniors and policies to do such shall be outlined in association documents. 20. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 21. Property owner of record at time of building permit application, to pay all water and sewer connection fees prior to issuance of a building permit. : 22. The petitioner to provide a traffic study that is approved by the County prior to issuance of a building permit. 23. The petitioner shall be responsible for the cost of any traffic improvements necessary to accommodate the traffic generated by the development including signalization or other improvements, if determined necessary by Anoka County. 24. A Development Agreement outlining the Developer's obligation to install utilities, etc., will be prepared by the City and shall be signed by the Petitioner prior to final plat approval. 25. The petitioner shall work with City staff and the neighbors to come up with a screening plan to provide adequate screening consisting of adult trees and other creative decorative screening between the proposed development and the neighboring properties prior to the City Council meeting on November 24, 2003. 26. All drive aisles to be used for 2-way traffic shall be 25' in width. ., .` 1 � . ORDINANCE NO. _ ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS The Council of the City of Fridley does ordain as follows: SECTION 1. Appendix D of the Fridley City Code is amended hereinafter as indicated, and is hereby subject to the stipulations as shown in Attachment 1. SECTION 2. The tract or area within the County of Anoka and the City of Fridley and described as: 1282 Mississippi Street and 6490 Central Avenue: Lot 1, 2, 8� 3, Auditor's Subdivision No. 88, except road, subject to easement of record. 6400 Central Avenue, 6352 Central Avenue, 6300 Central Avenue, and 1271 East Moore Lake Drive: Lots 1-5, Block 1, Herwal Rice Creek Terrace, subject to easement of record. Is hereby designated to be in the Zoned District S-2 (Redevelopment District). SE CTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or area to be rezoned from Zoned District C-1 (Local Business), C-2 (General Business), C-R1 (General Office), and M-1 (Light Industrial) to S-2 (Redevelopment District). PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 5T'�' DAY OF JANUARY 2004. ATTEST: DEBRA A. SKOGEN — CITY CLERK Public Hearing: November 24, 2003 First Reading: Second Reading: Publication: : SCOTT J. LUND — MAYOR � AGENDA ITEM � CITY COUNCIL MEETING OF JANUARY 5, 2004 cmr oF FRIDLEY Date: December 23, 2003 � To: William Burns, City Manager �� From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: First Reading of a Rezoning Request, ZOA #03-04, RAS Properties M-03-188 INTRODUCTION Rolland Stinski, RAS Properties, and the owner of 450 and 476 75"' Avenue is requesting to rezone the properties located at 351 74th Avenue, 361 74"' Avenue, 371 74th Avenue, 389 74th Avenue, 415 75`h Avenue, 7400 Lyric Lane, 350 75�'' Avenue, 460 75t'' Avenue, 450 75�'' Avenue and 476 75`h Avenue from R-1 Single Family (460 75`h Avenue) and R-2, Two Family Units to R-3, Multi-Family. The petitioner has contacted all of the above property owners regarding the rezoning request and we have received signatures from all but 1 of them. The petitioner has indicated that the 1 property owner he hadn't heard from is not opposed to the rezoning request but didn't want to contribute to the cost of the rezoning application. Currently, there are a number of apartment buildings in the City that are zoned R-2, Two Family and used to house multi-family buildings. All of these buildings are pre-existing non- conforming due to the revision of the R-2 code in the 1960's. City Staff asked the City Council and the various Commissions on their 2001 Council/Commission survey if they were interested in having staff initiate a rezoning process for all these properties to make them conforming. The results of the 2001 sunrey indicated that the Council preferred to evaluate each of the properties on a case by case basis and wait for the individual property owners to come to us. Therefore, the petitioner has submitted the current rezoning request. PLANNING COMMISSION RECOMMENDATION At the December 17, 2003, Planning Commission meeting, a public hearing was held for ZOA #03-04. After a brief discussion, the Planning Commission recommended approval of rezoning request, ZOA #03-04, with the stipulations as presented. THE MOTION CARRIED UNAMIOUSLY. PLANNING STAFF RECOMMNEDATION City Staff recommends concurrence with the Planning Commission. :. ORDINANCE NO. ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS The Council of the City of Fridley does ordain as foilows: SECTION 1. Appendix D of the Fridley City Code is amended hereinafter as indicated, and is hereby subject to the stipulations as shown in Attachment 1. SECTION 2. The tract or area within the County of Anoka and the City of Fridley and described as: � � - - _---= . � - ----�=-- . �,��_.�.ti..•►_,..,_._ — - -- - _ --- � - _ - - - - K. � ' --._ - • :. - •� �. • ••• • L /i �-� �' , , � �aAnr Addj�O(�. N '��11 _ -� e th n . , � I �,+� � S2 7 ; { 3-8-9-�-�--�Re��-o-u-r� -BIeGI�--�-,-Melod�r_Man�_Addition. r�.� ��,�1`�"" m . , actc-�r, QrA�iditio-r�-. 7�@9-Lyriet�n�: tot�;- B1oek--4, �felody-Ahat�c� Additio�. 3 �' . , Block 1, Melody ManorAddition� � Q.vtc'� ,�� 469-��rerioe-- That par� of the east'/2 of the northwest'/ of Section 11, Township 30, Range 24 described as following: beginning at the intersection of south right-of-way line of 75�' Avenue NE & southerly extension of west line of Block 1 Osborne Manor, thence south along said extended 161.33 ft, thence east parallel with said right-of-way line 270 ft. +or- to Southerly extension of east line of said Block 1, thence north atong said southerly extension to said south right-of-way line, thence west along said south right-of-way line to point of beginning, subject to easement of record. � . _ ... , . •.. . : - .- � . • -. - . � s - ::• . • •• • Is hereby designated to be in the Zoned District R-3 (General Multiple Units). : -_ SECTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or area to be rezoned from Zoned District R-1 (Single Family), and R-2 (Two Family Units) to R-3 (General Multiple Units). PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 5�' DAY OF JANUARY, 2004. SCOTT J. LUND — MAYOR ATTEST: DEBRA A. SKOGEN — CITY CLERK Public Hearing: January 5, 2003 First Reading: Second Reading: Publication: :: .- . � � AGENDA ITEM aTMOF CITY COUNCIL MEETING OF JANUARY 5, 2004 FRIDLEY INFORMAL STATUS REPORTS ., �•