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06/01/1987 - 5058-� � ' �' I fRIDLEY CITY COUNCIL MEETING � PLEASE SIGN NAME AODRESS AIVD ITEM Nl�lBER INTERES?EO IN DATE: June l, 1987 NAME ADDRESS � ITEM NUMBER exzc=xaxssas=xaa=casasaxcx-zss=sssasssss�zasa:sssssas�s==saasasa=ssssszsass:sssa�as :sa:x:azzsr �� ' ,s� � � � �'� a � , � � � � 3 �' . ' ,, d - � - 3� � e �i �'�a:��. . � l � �� , � �.�.�. � d 1- �Q � � - l `� .� -- � - � � �--2_ �z,��r 5� s - 5 �J � � / c� J 2 0 / Z_ r` , . �� : - �� , � a� , � ,� �� ti i�—� �,.a..�-� �� J?� � / � ��,� .i /_..1. , � ,. -!�11, , L I� �;Ir �� /LI, i , , � ,.' I ` '- � . . . '' /.' ,/ . �� - , �� 1 �, / � . • � ' ` r - �� ,, ,� . ,� � � � /�� ,:/� , - - � , r , � : I �� , / % � // , J ' � � � � i � �� r, ' ' ' ►.� � r � �.�1 I ► _I.► . � ,L , � \ � �-. � �_ l 1'ti . � l... �� ' '� �� T � . •• . ,� fRIOIEIf CITY COt1NCIt MEETING ' PLEASE SI�N NAME AODRESS AND ITEM Nt�18ER 1NTERESTEO IN DATE: June 1, 1987. 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Fo1loWing are the "ACTIONS TAKEN" by the Administration for your information. ------------------------------------------------------------------ APPROV AL OF MINUTES : Council Meeting, May 18, 1987 Page 6 insert the Word "unbudget" under item for Spring Lake Park All Night Party ADOPTION OF AGE NbA: Adopted as presented (Add: # 21 Consideration of Extended Plat) OPE N FORUM, V IS ITORS : No response PUBLIC HEARINGS: Public Hearing on an Ordinance Creating Chapter 403 Of the Fridley City Code Relating to Uniform Electric Franchise . . . . . . . . . . . . . . . . . . . . . . . . . 1 - 1 H Opened at 7:�7 p.m. Closed at 8:�17 p.m• PIIBLIC W ORKS--ACTION TAREN: Is on agenda for July 6, 1987 Couneil Meeting, June 1, 1987 �: � PUBLIC HEARINGS (Continued): Page 2 Public Hearing on an Ordinace Adding to the Fridley City Code Chapter �F07, Entitled "Public Utility Gross Earnings Franehise Fee" . . . . . . . . . . . . . . 2 - 2 C Opened at 8:50 p.m. Closed at 9:00 p.m. PUBLIC WORKS--ACTION TAREN: Filed information Public Hearing on a Final Plat, P.S. �87-03, Oliver Olson Addition, Being a Replat of Lot 1, Block 1, Veit's Second Addition, and Lot 26, Revised Auditor's Subdivision No. 23, the Same Being 6430 East River Road N.E., by Donna Olson . . . . . . . . . . . 3 - 3 � Opened at 9:10 p.m. Closed at 9:20 p.m. COMMUNITY DEVELOPMENT--ACTION TAREN: Item is on next agenda for consideration Public Aearing on a Vacation Request, SAV #87-03, To Vacate a 6 Foot Drainage and Utility Easement Created by Veit's Second Addition, Generally Located at 643o East River Road N.E., by Donna Olson . . . . . . . . . . . . . . . . . . . . . . . . . . 4 - � C Opened at 9:20 p.m. Closed at 9:20 p.m. COMMIINITY DEVELOPMENT--ACTION TA�EN: Item is on next agenda for consideration Council Meeting, June 1, 1987 „ . OLD BUS INESS : Page 3 Consideration of Seeond Reading of an Ordinance Reeodifying Chapter 205 of the Fridley City Code, As it Relates to Solid Waste Storage Container Encl osures, Heal th Care Cl inie Parking, Chureh Parking and Garage Setbaeks . . . . . . . . . . . . . . . 5 - 5 F Tabled to next meeting COMMUNITY DEVELOPMENT--ACTION TAKEN: Item is on next agenda for consideration minus Solid Waste section. Consideration of a Resolution Approving a Lot Split, L.S. �87-03, to Split off Part of Lot 13, Revised Auditor's Subdivision No. 103, Generally Located at 8100 East River Road N.E., by Bernadette Benson oP Midwesi Super Stop ......... 6- 6 C Resolution No. �12-1987 adopted with Exhibit A COMMUNITY DEQELOPMENT--ACTION TAREN: Notified applicant of Couneil approval. Consideration of Appointments to Environmental Quality, Energy, and Housing and Redevelopment Authority Commissions . . . . . . . . . . . . . . . . . . 7 Tabled Environmental Quality and Energy Commissions Reappointed Walt Rasmussen to HRA CITY MANAGER--ACTION TAKEN: Mailed letter to Mr. Rasmussen and put tabled Commissions on next agenda for consideration Couneil Mee ting, June 1, 1 987 ,_ . NEW BUSINESS (Continued) Page � Receiving the Minutes of the Planning Commission Meeting of May 20, 1987 . . . . . . . . . . . . . . . . . 8 - 8 KR Re ce ive d A. Consideration of a Preliminary Plat, P.S. #87- 04, Ken's 1st Addition, Generally Located South of 77th Avenue, West of Main Street and North of Osborne Road, by Ken Bureau of Rosewood Properties, Ine . ................................................ 8-8A Planning Commission Recommendation: Approval & 8J-8K With Stipulations Council Aetion Needed: Set Public Hearing for June 15, 1987 Set Publ ie Hearing for 6/ 15/87 COMMUNITY DEVELOPMSNT--ACTION TAKEN: Proceeded with setting Public Hearing f or June 15, 1987 B. Items From the Appeals Commission Meeting of May 12, 1987 B-1. Consideration of a V ariance, V AR �87-13, to Inerease the Maximum Allowable Height of an Accessory Building from 14 Feet to 16 Feet (Above Grad) to Allow the Construetion of a Detaehed Garage, the S ame Being 1520 Rice Creek Road N.E., byJames Dahl ...................................... 8L-8Y Appeals Commission Recommendation: Approval Couneil Aetion Needed: Consideration of Re commendation Approved COMMUNITY DEVELOPMENT--ACTION TAKEN: Notified applicant of Couneil approval. Council Meeting, June 1, 1987 t_ , NEW BUSINESS ( Continued) (Appeals Commission Meeting Continued) B-2 . Consideration of a V arianee, V AR �#87-15, to To Decrease the Minimum Distanee from any Property Line or Driveway from 10 Fee t to 5 Fee t to All ow the 90 Degree Axial Rotation of the Existing Free- Standing Sign to Allow it to Face 53rd Avenue, the Same Being 765 - 53rd Avenue N.E., by Qolume Shoes Corporation ........................................ 8�1-8HH Appeals Commission Reeommendation: Denial Council Action Needed: Consideration of Recommendation Denied except for southerly informational sign setbaek from 10 to 5 feet and not more than �+0 inches height COMMUNITY DEVELOPMENT--ACTION TAREN: Informed appropriate party of Council denial C. Item from the Park & Reereation Commission Meeting Of May �4, 1987 C-1. Consideration of Terminating the Lease for the Burlington Northern Park ............................ 81I-8KK Parks and Reereation Recommendation: Approval Couneil Aetion Needed: Consideration of Reeommendation Terminated lease PUBLIC WORRS--ACTION TAKEN: Informed appropriate party of termination of lease Page 5 Couneil Meeting, June 1, 1987 ,. . NEW BUSINESS ( Continued) Page 6 Consideration of an Extension of a Special Use Permit, SP �82-12, to Allow a Roek Crushing Operation by Park Construction at 7900 Beeeh Street N.E. ....... 9- 9 E Approved extension with change in 6C from "vines" to "shrubs" COMMUNITY DEVELOPMENT--ACTION TAREN: Informed appropriate party of Council approv al with eh ange Consideration of a Comprehensive Sign Plan for Rice Creek Business Center, 7155 University Avenue N.E. . . . . . . . . . . . . . . . . . . . . . . . 10 - 10 E Approved sign plant and approved change in location for monument sign and execute a hold harmless agreement COMMUNITY DEQELOPMENT--ACTION TAREN: Notified appropriate parties of Couneil approval and execute hold harmless agreement Consideration of a Comprehensive Sign Plan for Parkview Building by David 0. Harris at 250 Commeree Circle N.E . . . . . . . . . . . . . . . . . . . . 11 - 11 C Approved COMMUNITY DEVELOPMENT--ACTION TA�EN: Notified appropriate party of Couneil approval Council Mee ting, June 1, 1 987 , . NEW BUSINESS (Continued) Page 7 Consideration of a Resolution Signing an Agreement for Certain Employees Represented by Local No. 49, AFL-CIO (Public Works) for 1987-1989 • • • • • • • • • • • 12 - 12 R Resolution No. �3-1987 adopted CITY MANAGER--ACTION TAKEN: Proceeded as authorized Consideration of a Resolution Authorizing Inelusion in an Employes Separation Benefit Plan for Certain Employees of the City of Fridley Publie Works Department . . . . . . . . . . . . . . . . . 13 Resolution No. �4-1987 adopted CITY MANAGER--ACTION TAKEN: Proceeded as authorized Consideration of a Resolution Authorizing Inclusion oP Certain Employees of the Public Works Department in the Flexible Benefit Plan Por City Employees ..... 1�F - 14 A Resolution No. �5-1987 adopted CITY MANAGER--ACTION TAKEN: Proceeded as authorized Council Meeting, June 1, 1987 ., s NEW BUSINESS (Continued) Page 8 Consideration of a Resolution ConFirming Appointments to the City of Fridley Commissions for the year 1987 . . . . . . . . . . . . . . . . . . . . 15 - 15 E Resolution No. 46-1987 adopted CITY MANAGER--ACTION TAKEN: Proceeded as auth orized Consideration of Awarding or Rejecting Bids Por the Repair of the Commons Park Filtration Plant Projeet �161 . . . . . . . . . . . . . . . . . . . . . . . 16 - 16 D Award bid to low bidder, Shank Mechanical for $1,450,Q00 PUBLIC WORKS--ACTION TAKEN: Notified low bidder of Couneil approval Receiving Bids and Awarding Contract Por Street Improvement Project ST. 1987 - 10 (Sealcoat) . . . . . . . 17 - 17 A Received and awarded to low bidder Allied Blacktop for $60, 933 .73 PUBLIC WORKS--ACTION TA�EN: Notified low bidder oP Couneil approv al Couneil Meeting, June 1, 19$7 J ,. NEW BUSINESS ( Continued) Claims . . . . . . . . . . . . . . . . . . . . . . . . . . 1 8 Approved CENTRAL SERV ICE--ACTION TAg$N: Paid C1 aims Page 9 Licenses . . . . . . . . . . . . . . . . . . . . . . . . . 19 - 19 B Approved CENTRAL SERVICE--ACTION TAREN: Issued Licenses Estimate s . . . . . . . . . . . . . . . . . . . . . . . . 20 Approved CENTRAL SER9ICE--ACTION TAREN: Paid Estimates Consideration of Extending Time to Record P.S. #86-0� river Lot Addition by Reith & Diane Harstad, 6652 East River Road . . . . . . . . . . . . . . . . . . . . . . . . 21 Extended to Sept. 8, 1987 PUBLIC W ORKS--ACTION TAKEN: Notified appropriate party of extension to Sept. 8, 1987 ADJOURN: 11:12 p.m. COUNCIL NiEETING. JUNE 1. 1987 �� --- • ► ► • � �► PA GE 2 PUBL ! C HEAR i NG ON AN ORD I NACE ADD I NG TO THE FR I DLEY CI TY CODE CHAPTER 407 . ENT I TLED "PUBL I C UT 1 L 1 TY GROS S EARN I NGS FRANCH I SE FEE" . . . . . . . . . . . . . . • _ 2 — 2 C PUBL i C NEAR i NG ON A FI NAL PLAT, P. S. #87—�3. OL IVER OLSOh ADDlTION, BEING A REPLAT OF LOT 1. BLOCK 1. VEIT'S SECOfvD ADDITION, AND LOT 26. REVISED AUOITOR'S SUBDIVISION N0, 23, THE SAME BE�NG 643� EAST RIVER ROAD N.E.. BY DONNA OL SOh ....••• PUBL I C HEAR I NG ON A VACAT I ON REQUE ST . SAV �87-03 . TO VACATE A 6 FOOT DRAINAGE APdD UTILITY EASEME�T CREATED BY VEIT'S SECOND ADDITION, GENERALLY LOCATED AT 6430 EAST RIVER ROAD N.E.. BY DONNA OLSO� . . . . . . . . . . . . . . . . . . . . . �� ....3-3K .....4-4C COUNCIL N�ETING. .1UNE 1. 1987 1 1 : ► 'ii Pa�E 3 CONSiDERATION OF SECOND READING OF A� ORDINANCE RECODIFYING CHAPTER 205 OF THE FRIDLEY CITY CODE. AS IT RELATES TO SOLID WASTE STORAGE CONTAINER __ ENCLOSURES. HEALTH CARE Q I NI C PARKI �1G. CHURCH PARKI NG AND GARAGE SETBACKS . . . . . . . . . . . . . . . 5 - 5 F CONS I DERAT I ON OF A P,ESOLUT t ON APPROV I NG A LOT SPL I T, L. S. #87-03. TO SPL I T OFF PART OF LOT 13. REV I SE D AUD I TOR' S SUBD I V I S I ON N0. 1 L�3 . GENERALLY LOCATED AT 8100 EAST RIVER ROAD N.E.. BY , 6- 6 C BER�ADETTE BEt�SOh OF (�il D4JEST SUPER STOP . . . . . � • • CONSIDERATION OF APPOINTMENTS TO ENVIRONMENTAL (�UAL I TY , ENERGY , AND HOUS I NG A�JD REDEVELOPMEhT AUTHOR I TY COM�1 I SS I OhS . . . . . � • • • � � • ' ' ' ' ' ' 7 COUNC i L N�ET I NG. .1UNE 1. 1987 ► . ; ► � � PAGE 4 RECE•I V I NG THE MI NUTES OF THE PI.AN� I NG COMM I 551 ON N�ET I NG OF MAY 20, 1987 . . . . . . . . . . . . . . . . . 8 - 8 K K A. CONS I DERAT I ON OF A PREL I M I NARY PLAT, P. S. �87— 04, KEN'S 1ST ADDITION, GENERALLY LOCATED SOUTH OF 77TH AVENUE, WEST OF MAIN STREET AND NORTH OF OSBORNE ROAD, BY KEN BUREAU OF ROSEWOOD PROPERTIES. Inc. ................................................ 8-8A Pj ANNING C0��1MlSSION RECOMMFNDATION: APPROVAL $ 8J-8K 1^1 I TN ST I PULAT I ONS .�OJNCIL ACTION NEEDED; SET PUBLIC HEARING FOR JuNE 15, 1987 6. ITEMS FROM THE APPEALS COMMISSION N�ETING OF h1�Y 12 , 1987 6-1. CONSIDERATIO� OF A VARIANCE. VAR �87-13. TO I NCREASE THE M�AX I MlR�1 ALLOWABLE HE I GHT OF A� ACCESSORY BUILDING FROM 14 FEET TO 16 FEET (ABOVE GRAD) TO ALLOW THE CONSTRUCTION OF A DETACHED GAP.AGE. THE SAME BEING 1520 RICE CREEK ROAD N,E.. BY �AN1ES DAHL ...................................... SL-8V APPEALS COh1h" I�S I ON RECOMMF NDAT I ON : APPROVAL COUNCIL ACTI�� NEEDED: CONSiDERATION OF RECOMMENDATION e COUNCIL N�ETING. �UNE 1. 1987 : ► �► �� ( APPEAL S COMM i SS I ON h�ET I NG CONT I NUED) B-2, CONSIDERATION OF A VARIANCE. VAR �87-15. TO TO DECREASE THE MI NI MlJ�1 DI STANCE FROM ANY PROPERTY L I NE OR DR I V EWAY FROM 10 FEET TO 5 FEET TO ALLOW THE 90 DEGREE AXIAL ROTATtON OF THE EXISTING FREE- STANDI P�G SI GN TO ALLOW IT TO FACE 53RD AVENUE. THE SAME BE i r:� 765 - 53RO AvEr�uE N. E. . BY VCLl�1E SHOES CORPORATION .........•.•••••••••••• ................. 8W-8HH �PPEALS CO_t�MISSION RECnMMFNDATION: DENIAL �OU� ACT I O�-�E� � CONS { DERAT I ON OF RECOMt�1ENDAT I ON C, ITEM FRON1 THE PARK & RECREATI ON COM�11 SSI ON I�'�ETI NG OF Mu�Y 4 , 1987 PAGE 5 C-1. CONSIDERATION OF TERMINATING THE LEASE FOR THE 8� 8�K BURLINGTO� NORTHERN PARK,...........••••��•••" " " ' PARKS AND RECREA710N RECOMMENDATION. APPROVAI. COUhCIL ACTIO� NEEDEQ: CONSIDERATION OF P.E COMh1ENDAT I ON COUNC I L N�ET I NG. JUNE 1. 1987 L !—! — �- � � � PA GE 6 CONSIDERATION OF AN EXTENSION OF A SPECIAL USE PERMIT. SP #82-12. T0 ALLOW A ROCK CRUSHING OPERATION BY PARK CONSTRUCTIOh AT 7900 BEECH STREET N.E. ......,_ 9— 9 E COt�S I DERAT I ON OF A COMPREHEt�SI VE S I GN PLAPd FOR RICE CREEK BUSINESS CENTEk. 7155 UNIVERSITY AVENUE N. E. . . . . . . . . . . . . . . . . . . . . . . . 10 - 10 E CONS I DERAT I ON OF A COMPREHEhS I VE S i GN PLAPJ FOR PARKVIE4J BUILDING BY DAVID O, HARRIS AT 250 11 — 11 C COh1�1ERCE CI RCLE Pd, E. . . . • • • • ' ' ' ' ' . . . . . . . CONSIDERATIO� OF A RESOLUTION SIGNING AN AGREEMEPdT FOR CERTAIN EMPLOYEES REPRESEhTED BY LOCAL N0. 49. .,, 12 _ 12 R AFL—CIO (PUBLIC WORKS) FoR 1987-1989 . . . • . • • � COUN C I L ('�ET I NG. �UNE 1. 1987 PAGE 7 COUNC I L N�ET I NG. .IUNE 1. 1987 : •► ► � PA GE 8 �CONSIDERATION OF AWARDING OR REJECTING BIDS FOR THE REPA I R OF THE COMMONS PARK FI LTRAT I ON FLANT PROJECT �161 . . . . . . . . . . . . . . . . . . . . . . . _16 - �6 D RECE 1 V I NG B I DS AND AIr;ARDI NG CONTRACT FOR STREET . I M PR OV EM E �T PR OJ E CT ST , 1987 - 10 i SEAL COAT )....... 17 - 17 A CLAIM�S . . . . . . . . . . . . . . . . . . . . . . . . . . 18 LICENSES . . . . . . . . . . . . . 19 - 19 B . . . . . . . . . . . . EST I MATE S . . . . . . . . . . . . . . . . . . . . . . . . 20 :1 � ► 4�!_ v� �4�. � 4'i � �-ti��_s ' M�� . • ' 4;� �• � � �� l„ • +�-_ - �he Regular Meeting of the Fridley City �tncil was called to order at 7:38 p. m b� Mayor Nee. �_ �� • . s �. _�.�.« . Mayor Nee led the �ualcil and audienoe in the Pledge of Allegiance to the F'1 ag. - �`-�-- �-- u u: �: :: �:�a.iliF Mayor Nee, Cbtncilwanan Jorgenson, Q�u�cilman Schneider, m�cilman FitzFetrick ancl C;o�mcilman cooclspeea P+�NBgtS ABSIIJT: Nore : � � �'�J L � y� � ��si� � i�� 1li. Nl�TION boy Councilman Fitzpatrick to approve the minutes as presented. Seo�nded tr� O�tncilman Schneider. IJp�n a voioe vote, all v�oting aye, Mayor Nee c�clared the motion �rried unanimously. �� ).�, _u! _�� !• ' 1� N1�TION by Councilman Schneider to approve the minutes as presented. Semnded tr� Gb�mcilwanan Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion �rried unanimously. ;�� • • L ,�' NDTION b� �umcilman Schn�eider to ad�pt the agenda as presented. Seoonded by �uncilman FYtz�atrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. • • �� ' 1� � _ �� - _ �ere was no response fran the audienoe �nder this iteqn of busir�ess. • � !. i �� i� .��f �« �� i i �'�� i � • •�• _: � � i s � �� z 4 � i�i � � �I � � .�� y� �i� i_�� -'--�— � • � • �� _ • �li . _ � ; _ 1 � � � � �! ' • • i � � � �� s _�! ,. � t � �i: I: -1- �i�.��..��_-��1?�� ' w'= • � M�TION by Councilman Goodspeed to waive the second reading and adopt Ordinanoe No. 883 on seoond reading and order publication. Seoonded by Co�cilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the mation carried �manimously. 2. ORDTI�tu� NO 884 APPi�TII� A REZONI*� RE4LTEST. ZQA #87-02. TO REZONE FROM �,t-3. GENERAL MULTIPLE DWELLING. T4 R-1. ONE FAMILY DWELLINGt GENERALLY LOCATED AT 441 Ht�O STREET N. E� � BY MCCK. INC- : 1�DTIpN b� Councilman Fitzpatrick to waive the seoond reacling and adopt Ordir�anoe No. 884 on seoond reading and order publication. Seoonded by Qo�cilman Gooctspeed. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. •:� �_ � ; ...� ; _ -_ • • - � : � _ _ � �. ; 4�� _s _ • • �. _• « � «�� +�� NDTION b� Councilman Fitz�trick to waive the seoond reading and acbpt Ordinanoe No. 885 on seoond reading and order publ ication. Seconded by O��ncilman Gooclspeed. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. /�,:_ �� f �. � � � � 1� �M� � �I,l� �� Si��'i'_ � �i_ S. � �`�l i�� ,l �_�I� � � 4�1 � ' �� - � � [� • �• w � - • - • . • - - - �• • - • • t• • • •- �• •• • •- • - • • - • -- •- -• • • -• � . • � � • � ��. ►.M �� i • �� ' �� I �i�. � _ � �� i.M �� zi • 81� I' Z_ ' i,�j • :,�� i �._ ,. 4S� � t� � M i«f _ I �_ __ - - Nl�TION by Gouncilman Schneider to waive the seo�nd reading and adopt Ordinanoe No. 886 on second reading and order publ ication. Seoonded tr� Councilman Fitzpatrick. Up�n a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. nunT�t�, NO 887 REOODIFXING THE FRIDLE� CITY �E BY AN�I�IDING CHAPTER 203 ��r'Tmr� "MOBILE fK?� PARR". BY DELETING SECTION 203,04. CERTIFICP�TE QF �,*n'TNUED OPERATION ANA RENiA�4BERII� OONSECUrIVELY: NrJTION by Councilman Schneider to waive the seoond reading and adopt Ordir�anoe No. 887 on seo�nc3 reading and order publication. Seaonded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion �rried unanimously. ��. = - U!-� - � •� �_. � • • • • � � � ;_ • •�� • ' k� � �. �, �-_ � ' � � � � _ �� _ s �� _ � .s ��• • � �}_ � � � ��. s •, �S-• - �i11� � «}��« •f_�1� y �� f_� �J «�"_ -2- �i�a��1�� . �� Mi_ _� �� Mr. imbertson, Q�numnity Developnent Director, stated the first change, garage setbacks, was �roposed tr� the Appeals Gbmanission due to an increase in requests for varianoes to allaa e�ansion of e�asting attached single csr garages to cbuble c�r c�rages. He stated approval of this ordinance will facilitate mmplianoe with the two car garage requiresnent by alleviating some of the varianoe requests for c�rage expansion. He stated corner lots cb rot apply to this change because of the existing requirenerit that garages m�st be set back at least 25 feet f rcm the publ ic ric�t-of-way. Q��ncilwcman Jorgens�n stated she reoeived a�hore call fran Mr. Peka, 5932 5th Street, who voioed wnvern about this ordinanoe. She stated she would like to clarify this ordinanae applies only to existing, attached single car garages, and cbes not a�ver t�ew a�nstruction. Mr. Qureshi, City Manager, stated a phone call was received f rom O�nissioner Kordiak regarding this same issue. He stated Mr. Peka had expressed his a�noern to Commissioner Rordiak that his neighbor oould construct a garage without cping through the varianoe prooess. Coimcilman Schneider asked, in the worst soenario, what would be the distanoe between two driveways. He stated the I�ka's o�noern was there was going to be a minimun distanoe between two driveways and snaw renwal may be a�roblan in the winter. Mr. R�berts�n stated in the worst situation, there would be a minimun of eicj�t feet. Mr. Flora, Public Works Director, stated this ordinanoe would apply strictly to an existing single car c�rage and would allaw expansion to a cbuble car garac�e �der certaim m�ditions. Ae stated if s�meore wished to aonstruct a two �r garage, �de requirenents must be met or a varianoe grarited. Mr. N�aman, AssistarYt City Attorrey, stated when a Froperty vwrer aonstructs a r�ew c�rage, there is some flexibility as to where the garage is located. He stated in the case where you are e�aanding an existing garage, there is less flexibil ity. He stated f ran a legal stanc�oint, he woul d prefer thi s solution rather than grariting a varianoe when there is no objection and not grariting a varianoe when there is an otrjection. Mrs. I�ka voiaed her oonoern about sufficient spaoe between their property and their rieic�bor's, if expansion of the garage was allawed under this ordinanve. Cbulcilman Schreider stated this ordinanoe would not apply as the Peka's neic�bor cbes not have an attadzed c�rage. Mr. Qureshi stated the ordinanve wvers only existing single, attached garages, however, this c7i.d not mean a�roperty awr�er c�uld not apply for a varianoe. Ae stated such a request would be prooessed through the normal varianoe prooedure. Mr. imbertson stated the sea�nd prop�sed change cnnoerns s�lid waste storage oontainer enclosures. Ae stated the existing screening provision is �nbiguous as to the quality anc7 oonsistency of s�lid waste storage a�rYtair�er -3- k•. a�. � ��+�� . • ' w'= - �i� screening in multi-fanily, o�mnercial and industrial c�stricts. He stated a nunber of other cities' ordinanaes were reviewed anc3 this �xop�sed ordinanoe adc�esses the mnoerns of the Ci.ty. He stated the ordinance would require screening of mntairers in all rew malti-fanilY. a�nanerical and industrial develognents where visible from ariy right-of-way and/or residential di.strict; require screening on all sides for amsnercial generators of food waste, and residential buildings of three or more units when a vommon �llection area is used; and require screening of dumpsters at existing commercial, industrial and multi-family clwelling developnent when im�xavenents requiring a builc�.ng permit are requested and when m dumpster screening exists, and when the exi.sting chm►pster is visi4le fran residential or public ric�t of-way view. Ae stated the ordinance would not require autanatic retroactive complianoe fran existing busiryesses and multi-family c�taelling districts or complianoe in zoning districts other than o�mmercial, industrial and multi-fanily. Mayor Nee asked haw this proposed ordinanoe differs from the present ordinanae. Mr. lmbertson stated this ordinanoe more clearly c3ef ines the type of screening required for solid waste storage a��ai�rs. Mr. Roberts�n stated the third prop�sed change addresses the clinic parking issue and the reed to be more specific regarding off-street parking for health servioe industries in C-1, C-2 and CR-1 districts. He stated, preserrtly, c1 inics are classif ied the same as of f ioe s, even though thei r parking needs are very different. He stated the proposed change would require one off-sreet �arking spaoe for each 150 square feet of building floor area, rather than or�e s�aoe for each 250 square feet of building floor area. He stated the fourth proposed change to the ordinanoe addresses the parking ratio for churc�es, and i s reooiranendec3 to aorrespond more closely with that of ather cities. He stateci the ordir�noe referenoes sections of the CR-1 district, which apply the building and site requirements to church developnerits. He stated the �arking required is one off-street �rking s�aoe for every three fi�aed seats or for �ery five feet of pew length in the main ass�nbly hall. He stat�eci additional parking may be required for other church activities such as day care, classroom and recreational activ iti es. NDTION by Councilman Schneider to waive the reading and approve the ordinanoe upon first reading. Seconded by Councilman Goodspeed. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. � � _ � � • � � _ = ul . � - � - � � �� i�; • i� ,«_..�• � `��l� �� ' ��! � �!�_�� Mr. Pritr�l, Finanae Director, stated he was oontacted by Roger Schmaus, Inc3ependerit School District No. 14, rec$rding rer�ewal of the lease for the "A" fra¢ne building located at North Innsbruck Park. Ae stated the School District is requesting renewal of the lease aqreenent fran Septenber 1, 1987 through Nhy 31, 1988 on the same terms as outlired in �evious years. -4- k�.�1�.�l�_ 4!�!�_��. • ' v'� -' '� NDTION by Councilman Fitzpatrick to authorize execution of the lease agreement with School District No. 14 for the "A" frame. Seoonded by (buicilman Schreider. Up�n a voioe vate, all v�ting aye, l�yor Nee declarecl the motion �rried unanimously. ��. 1� • � �• • • _ _ "� 1� � i � "i M�� i_ Ms. D�nna Carl�on, Chaiiman of the Prizes and Lbnation �nanittee for Spring Lake Fark Hic� School, appeared before the O�uncil rec�arding their request for a cbnation to the senior all-nic�t Farty. She stated they have made a similar request for financial support fran the cities of Blaine and Spring Lake F�rk and they each d�nated $300 to this Farty. She stated sinoe Spring Lake Park School District �16 falls within Fridley, Spring Lake Park, and glair�, they are also making this same request of Fridley. Ms. Carlson stated the School District provides the building, use of the kitchen facilities, and custodial servioes. She stated teachers also d�nate their time. She stated she felt this would be a worthwhile donation to provide for the yotng people in the a�mmulity to help then have a safe and menorable graduation party. Mr. Hunt, Assistant to the City Manager, stated staff has provided menoranci�uns to the �cmeil rec�arding this issue. He stat�ed School District No. 14 makes no request of any governmental agency for a cbnation. He " stated School District No. 13 in Q�lunbia Heic�ts has an opinion f rom thei r City Attorrey that this isn't an appropriate use of public f�ds. He stated staff did not feel this was an appropriate use of City funds, but the relative worth of the �erit is not being questioned. m�cilman Gooclspeed stated he fe1t, if this request is approved, it would }�e a preoedem. the �uicil canmt afford to set. NDTION b� G��cilman Goodspeed to c�eny this request for a cbnation to the Spring Lake Park Senior All-Night Party. NDTION FAILED FnR LACK OF A S EOJND. Q��ncilman Schreider asked why the attorney for Coltunbia Heights believed this was an iliegal �se of City f�d�. Mr. Newman, Assistant City Attorr�ey, stated there isn't a great ntunber of oourt cases that fall in the realm of public purpose. He stated the r�soning was probably because it benef its a relatively small nLanber of peopl e. Mr. Newman sta te d he f el t i t i s a "g r ay " a r ea , but oo ul d a r gue either way. He stated to talce it to the extreme, what would happen if a reic�hborhood group wanted to have a party to k�eep everyone aff the street. He stated the argu�ner�t can be made it is a public purpose. Mr. 1Je�wman felt if the City Cbta'icil granted this request, theY w�ould have to reciproaate, if requests were reoeived f rcm other scfiool districts. Q�tncilman GoocZspeed stated he felt this would be a dlaritable wntribution and a Froaedure has been establ ished to prooess these requests. -5- M.1�. � ,��?�?�� . � �'� : ' �f Q�ulcilman Schneider stated, clearly, this request should go through the prooess, haw�er, the question which should probably be addressed is if it mak�es sense to apprave the cbnation N�yor Nee stated the question is whether funds should be used for this Farty. He stated the do�mcil made a decision to prooess such requests throuc� the Qx�mnission and fran his poirit of view, to approve it would not be a g�od idea. ��ncilman Fitz�atrick felt the question whether or mt they wish to honor this request has to be addressed. He stated he was rvot sure it was illegal. NpTION b� Qo�cilman 5chreider tA approve a$100 donation to Spring Lake Park's All-Nic�t Senior Party, with the understanding it is for this year only. Flirther, the mrmal �xooess should be through the H�nan Resources Commission and Spring Lake Park, as well as any of the other school� districts, are invited to sutmit an application for funding through this Cbmomission. Se�nded 1� O�uncilwaman Jorgenson. Upon a roll call vote, Cb�cilman Schreider, Cotmcilwoman Jorgenson and Councilman Fitzpatrick voted in favor of the motion. Mayor Nee and Councilman Goodspeed voted acpinst the motion. Ng1Yt�R NEE LECLARED THE I''D�N E�,II,ID AS FOUR AFFIRMATIVE VO'IFS ARE NEIDED � F�END FUAffi. 10. RF�^N'r��r�r � MINUI'ES OF TE� pLATI�t�,� ,r_ m�nurccrpN I�ETING OF MAY �. 1987 : A. DONSIDERATION OF A SPECIAL USE PERMIT. SP #87-07. TO ALLaW�1 �'�7I� AC�CES��RY BUILi? n,,, Trmc �u nt,m �4 RTIY'K 1. PLYN10iTrEi � �� At��T�rrON, THE SAME BEING 4875 _ 3Rn STRFET N.E. . BY DAVID _SI_1VIGAGLIO: lulr, lmbertson, ��tnity Develognerrt Director, stated this is a request for a special use permit to allaw a seoond accessory building at 4875 3rd Street. He stated the Planning C�nunission reviewed this request on May 6 and rewmanended ap�aval with the stipulations that the garage acldition facade and roof match the house and no outside storage of oonstruction material is permitted in the yard. NDTION b� O��acilman Fitz�etrick to aoncur with the reoommendation of the Planning Commission and grant special use permit, SP �87-07, with the follaaing stipuiations: (1) Garage acklition facade and roof to match house; and (2) No outside storage of o�nstruction material is permitted in the yard. Seoonded b� (bu�cilwoman Jorgens�n. Upon a voice vote, all voting aye, Ngyor Nee declared the motion carried unanimously. �• �� • • �• � -�-_ i ' yi �' ; 1 1 : � _ �� • I� � �M `�� : � _ � • � �.M' _ ��_�� _ -' � �� 4 � �L s�l� • • 4 = � �r «i/� .�-i�� Mr. RQbertson, �rnnLni.tY Developnerit Director, stated this is a request for a special use permit to allaw a seoond acoessory building at 881 66th Avenue. He stated the I�lanning Conanission reviewed this request on May 6 and rec�mmenc3ed ap�wal with the stipulations that the c$rage facade is to -6- �� y��l?�� . • �e�: . ' '� be ap�xaved b� staff; drivaaay to be at least three feet fran adjoining lat; driveway slope to be reduved as much as possible; and owner to secure NSP authorization of garage glaoement �rior to a�nstruction. Mr. imbertson stated staff had re�mmended the garage facade match the house, however, the petitior�er stated the house has white steel siding and sinoe the c$rage would be close t�o the Fark, p�ssibly a redwood faaade would be more ap�xoFriate. Iie stated the Planning �wnanission's reaomanendation is that the garage facade be apprwed tr� staff. Mr. Gustafson stated he has ooritacted Northern States lbwer and they did riot ha�ve any otrjection to his plao�e�nerit of the garage on this Froperty. NDTION b� Co�cilman Goodspeed to o�ncur with the reoommendaton of the Planning Commission and grant special use permit, SP #87-08, with the following stipulations: (1) garage facade to be approved by staff; (2) driveway to be at least three feet fran adjoining lot; (3) drivsaay slope to be reduoed as mudz as p�ssible; and (4) owner to secure NSP authorization of garage plaoe�nent prior to aonstruction. Seaonded b� m�mcilman FitzFatrick. t)p�n a voive vote, all voting aye, Mayor Nee declared the motion carried unanimo�ly. C. OOI`,S�ERATION OF A PRELIMII�RY PTaAT. P S #�"L-03. OLI�R OL�N ADDTTION. �EIIJ� A REPLAT OF IA�T 1. �T�'-R 1. VEI'�' S 2I�ID AnDT'r'ION. AI�ID 26. REVISID AUD�R� S St]BDIVISION 1�. 23. � SAUr�' BEII�T 6430 EAST RIVER i2f�1D N.E . BX DOI� OL90N: NDTION by Cfluncilman Fitzpatrick to set the publ ic hearing on this prel iminary plat for J�e 1, 198'7. Seoonded b� Gbtncilman Schneicler. Upon a voice vote, all voting aye, N,ayor Nee declared the motion carried unanimously. D. OONSIDEI2ATION 0 A VACATION RDOUESI'. SAV #$7-03. � vAC'ATE A 6 FCX7� DRATI�GE AI�ID [TrILITY F..�ASEME1Jr CRF.ATED BY VEIT' S SE(�OND ADDITION. GENE __�T Y IACATED AT 64 30 EAST RIVER ROAD N�E. . BY DONNA OI�N: NDTION b� ��cilman FitzFatrick to �et the public hearing on this vacation request for Jime 1, 1987. Sewnded b,� ��ncilman Schneider. Upon a voice vote, all voting aye, l�yor Nee deciared the mation c$rried unanimously. E. �p TSmERATION OF A IAT SPLIT. L. S. �87-03. 'r'� SPLIT OF'F' PART OF L.�' � 3. 1Z�'4n� AUDI'PQR' S StJBDISlI94N I� 1031 GENERALLY IQCATED AT 8100 EAST R1VER FmAD. N E. BY BERI�DETI'� BEN9QN OF NII�WWEES'r SUPER SI'OP• Mr. Robertson, Comm�mity Developnent Director, stated this property is located on the �uthwest o�rr�er of Fairmo� and East River R,oad. He stated in 1984, a special use permit was issued for o�nstruction of a service station. He stated after the petitioner moved into the building, they dis�vered thei r property lirye was not idenctical to the f ence 1 ine west of the building, but ran at a drastic angle to what would be the side and back yard of the adjavent hane. He stated in order to clear t� this FroblHn, the -7- ��.1�. M M!�+�►� � • �; ' �i petitioner has agreec3 to spl it the �roperty w�est o� the f ence and sell the property to the r�eic�bor whp will axnbine it with his lot to bring it up to oode. He stated after the lot split, the lot area for the servioe station will be 21,800 s�uare feet which is more than adequate as the o�de requi res 20,000 square feet. Mr. R�bertson stated the Planning Commission reviewed this requesk on May 6 and rea�m�nended app�raval with the stipulations that the petitioner execute and return a street easement agreenerit (17 feet along East River Road) prior to reaording the lot split; dumpster screening be provided prior to reoording; hedging along Fairmont Street with edging, weed barrier, and mulcfi be �rwic3ed prior to reo�rding; and the subdivic3ed paroel be added to the resider�tial lot to the west o�ncurreritly with reoording. IKJTION b� O��cilman FitzFatrick to wncur with the reoommendation of the IJlanning Conanission and c�ant lot split, L. S. �87-03, with the follawing stipu7.ations: (1) petitiorer e�oecute and return street easement agreesnent (17 feet along East River Road) prior to rewrding lot spl it; ( 2) dumpster screening be provided prior to recording lot split; (3) hedging along Fainnont Street with edging, weed barrier, and mulch be provided prior to reaording; and (4) subdivided paroel to be added to residential lot to the west ooncurrently with reoording. Sea�nded b� O�Lncilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NDTION by Councilman Goodspeed to receive the minutes of the Planning Commission meeting of May 6, 1987. Seo�nded by Cfluncilman Fitzpatrick. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. I M � '•� I • 1 � • v-:�1M_� � �•� ; a. +� y ,�1 _ • _4: :_,S. _4 y_� NDTION by Councilman Schneider to receive the minutes of the Charter Gbm¢�►ission meeting of March 30, 1987. Sev�nded b� Q��a'�cilman Fitzpatrick. Upon a voive vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. Y'QNSTDERATION OF EXECUTING � HOLD HARMLESS AGREEMENT WITH THE__FMC (JORPORATION ON THEIR SIV�i WATER SYSTF.M AND PAYMEIJr OF SI�RM WATER F�ES: Mr. Flora, Public Works Director, stated after a�nsiderable r�egotiation with FMC, the City has reoeived a hold harmless agreement for the storm water system within the FN1C-Navy property and extending across the Anoka Co�mty �ark to the Mississippi River. Ae stated the agreement establishes total responsibil ity for that system to FMC and hol ds the City and Co unty harmless. Mr. Flora stated sinae this is a Ixivate system and the City now has an agreenerit that FMC will mairitain it, he would recommend the Gouncil authorize e�aecution of this agreenent. Mr. F'lora stated FMC has requested the City waive the �ast and preserit storm water c�ainage fees. He stated sinoe the fee was acbpted, FMC has not paid any of those charges anc3 are in arrears $13,416.42 and a current fee of m k�.1�.. ! v��.�t ��. � ��_ ' Y $3,853.53 whidl is due. Iie stated �1C's p�sition was sinoe it is a private system, they should not be paying a storm water fee. Ae stated the ordinanoe pravides that petitior�ers can sukanit their storm water plans to the City anc7, when appraved, reductions of the storm water fees wuld be established, but not retroactively. Mr. Flora stated since this is a private system v�nstructed by FMC, the Council oould abate the existing storm water fees or aLate all future fees, and require wllection of the pa st f ees, if they so desi re. Cbuzcilman Schneider asked if the hold harmless agreenent �vers 100$ of the storm water and Mr. Flora answered in the aff irnnative. NDT]DN tr� Co�.mcilman FitzFatrick to apprave and authorize ex�ecution of the hold harmless agreenent with FMC Q�rporation tr� the rhyor and City Manager. Se�nded tr� Gbulcilman Gooc�speed. Gb:ncilman Fitz�atrick questioned why this agreenent included the waiver of fees. Mr. �lora stated when the City acbpted the storm water fee, the City took resp�nsibility for the storm water west af the road. He stated based on this, FNiC was asked if they wc�uld talae aver the entire system sinoe the City did�'t have any authority to eriter their property. He stated it took several years to necptiate this hold harmless agreement and during this time, the City was responsible for property outside the FMC groperty. Q�uzcilman Sdireider asked if the City had incurred any expenses during this period. Mr. Flora stated nothing material had developed. Mayor Nee asked if FMC built the system to which Mr. Flora answered in the affinnative. He stated when FMC sold property to Anoka Gbinty w�est of East River Raad, the pipes in the system became public. He stated F�IC didn't acaept total responsibility at that time and hasn't intil t-his agreement is e�aecuted. Mr. Arlen Wittrock, rep�eseriting FMC, stated the question rec�rdi.ng the fees is �rt of the total hold harmless agreement. He stated FMC has been resp�nsible for the systeqn in the Fast, responsible for it now, and in the future. He stat+�d their pasition is that they are mt responsible for any fees in the past, �reserrt, or future. Cb�ncilm�n Goo�peed asked if the 1 iabil ity has always been FMC' s. Mr. Wittrock stated that was oorrect and the hold harmless agreement now acknawledges the fact in writing. Q�uncilman Goodspeed stated it seems the Ci.ty dich't occur any expendi.tures, however, did they shoulder liability ana if s�, the question is if some of the fees should be a�llected. Mr. Newman, Assistarit City Attorney, stated if there had been a problen, there muld have been liability, however, this di.ch't occur so m or,e really had to faoe this question. Mr. Wittrock stated the p�sition �iC's attorneys would have taken was FMC Q' : 13. l�i . ��L �.a�l�. Y�2'l.S ,... � � Vi. - . and the Navy wnuld have been held responsikil.e. r+ir. Nc�man askecl if there is srnne injury or c�mage that has occurred which has not yet surfaoed, u�der the terms of this agreenent and because FMC is stating thcy have always been resp�nsible, would FMC be liable? Mr. Wittrock stated that is his tnc3erstancling. He stated in a letter addressed to Mr. Flora clated May 4, 1987, FMC states they are responsible for the system ana have always been responsible, he felt it ansaers the past 1 iabil ity issue. Mr. Qureshi, City Manager, stated with this understanding, he would rec�ommend the fees be waived as outliried in the agreemerit. UPON A VOI(£ VC�E TAI�N CN �iE ABQJE M�TION, all voted aye, and Mayor Nee declared the motion carried �m,animously. �• _ 1� ' • � • - ,-� � �� ' i� . � � _ �-- - � . •,� : �+y `f�� ' ' «.� Mr. Qureshi, City Ngnager, stated if the ��mcil ad�pted this pol icy to deal with problan sewer servioe, it would be associated with residences v�nstructed prior to the City's sanitary ssyten. He stated he is aware of two properties that would be affected. NpTION b� Councilman Schneider to acbpt this policy dated May 13, 1987 regaraing problen sanitary sewer servioe. Seaon3ed 1� Cb�cilman Goodspeed. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried unanimously. �?. � : � � �I. ,• •�� • �� _ • �I �• •,• � � •,� _• : NDTION b� Cb�cilman Schneider to receive the following bids for Street Impravenerit Proj eck ST 1987-1: � � ' !��? Northwest AsFhalt 1451 Cotmty Raad �89 Shalwpee, MJ 55375 Alber �nstruction, Inc. 4901 W. N'�dicir�e Lake Road Plym�uth, M�i 55442 Hardrives, Inc. 7200 Henlock Lane No. I�ple Grove, M�] 55369 Anderson Bros. Q�nstruction tbmFany of Brainerd 313 lst Ave. N. E. P.O. Box 165 Osseo, M+I 55369 -10- :�'� : 5$ 5$ 5$ 5� .� . � $195,202.50 $199,484.75 $200 , 561. 50 $204,425.00 ��.1��!_ „i �y .. • ,�': . � _' �� Midaest As�halt Gbrp�. P. 0. Box 338 Aopkins, NN 55343 Val ley �v ing, Inc, 8800 13th Ave. East Shaiwpee, NN 55379 Alexinder Const. m. 14561 Johnny Cake Kic79e Rpad Appl.e Valley, NN 55124 C. S. McCrossan, Inc. Box 247 7865 Cbtaity Road #18 Maple Grave, NAI 55369 5$ 5$ 5$ 5$ $212,766.05 $215,055.00 $231,714.00 $236,030.00 Seo�nc3ed tr,� �imcilman Gooclspeed. Upon a voioe vote� all voting aye, Mayor Nee declared the motion carried iuzanimously. Mr. Flora, Public Works Director, statQd, fran the eic�t bids received for this Froj ect, the low biclder was Northwest Asphalt, Inc. of Shakopee in the amou�t of $195,202.50, and would reo�manend the bid be awarded to then. NDTION b� Councilman Schneider to award the bid for Street Improvenent Project No. S'r 198'7-1 to the low bidder, Northwest Asphalt, Inc. in the amo�t of $195,202.50. Sewnded b� O��cilman Fitzpatrick. Upon a voice vote, all voting aye, N�yor Nee declarecl the motion �rried unanimously. 15. RESOLUi'ION NO 40 1987 APPROVING A I!n SP , L S #87-02. TO SPLIT LOT _l. $rmrmu� S SUBDIVISION I�. 89 IN� 3 SEPARATE PARCELS. GE�IERALI�Y IACATED_ P�T 113� 722�ID AVENUE N.E . BY DON RIEKEN: Mr. F�bertson, �mn�nity Developnent Director, stated the Council approved this lot split on N�y 4, 1987, with c�ertain stipulations. He stated there was a question regarcling a suitable aff-street �arking plan and a plan for 11 additional off-street Farking stalls has been �xeFared b,� the petitioner. Mr. Imbertson stated the ben stipulations, attached as Exhibit A to this resolution, indiwte the r�ew �arking stalls wi11 be installed with blacktop and cbncrete curbing within six months fran the time af sale of the split of the lot or within five years whichever am►es first. He stated stipulation No. 10 also pravides for a performanoe bond in the aQnoimt of $6,000 prior to re�rding the lot sglit. onuicilman Schr�eider ask�ed if the petitioner was in agreement with these stipu].ations. Mr. Haarstad stated he has a�roblen with having to post a bond. He stated in reviewing the history, this becJan as a simple issue that would benef it the City anc3 close Norton Creek. He stated after several years of -11- ��I�1,.�� V��=lT ,. � . Vi - • -• 'l discussing it, it was decided the easiest way to acoompl ish the closing of Norton Creek would be for one of the �ro�rty awners to sell some property. He stat�ed sinoe they 1�ave tak�en the action for the lot spl it, many other issues have developed. Mr. Aaarstad stated when they maved into their building, he had approved lanciscaping and parking and, as a result of trying to close the creek, he is requirea to install additional landscaping and parking. He stated he is very fru.strated over the eritire ordeal and to him, it would be better off to just eliminate the whole idea as it is getting very expensive to get the creek closed. He stated he would oomply with the stipulations, but felt they should not be required to post a bond. Mr. Jim Determan stated meeting all the requirements of the City and Watershed District is a�sting a lot of moneY• He stated one-third of the useable land is being lost for Farking that Frobably rever will be r�eded. Cbuzcilman Schneider stated as it stancls now, the parking does not meet a�de and there was c�noern if the use of the building changes, it oould beoome a problan. Mr. Haarstad stated the benef it of this lot spl it to the City is hav ing the ditch closed and the p4ssibility of an additional industrial site on the north end and amther taxpayer. He statea as a result of ineeting all the requirenents, he is losing about $2.000 and when the parking is installed, it will oost arx�ther $6,500. Cbtmcilman Schneider asked if there would be a way to guarantee the additional Farking in oonj�ction with the lot split. Mr. Ne�aman, Assistant Ci.ty Attorney, stated it is p4ssible, with agreenent f rom the property awner, to impose a restricted covenant on the north �aroel. He stated when there is a transfer of awnership, the additional �arking would have to be a�nstructed. (buzcilman Schneider stated he dich't 1�►aw if a b�nd should be required, but wanted to make sure when that rorth �aroel is developed, there is suff icierrt �arking. N�yor Nee asked who would be in r�ed of the additional Farking, Mr. Haarstad or the person purcfiasing the rorth parcel. Mr. Haarstad stated they are short of �arking under the exis:ting aode, but met these requi rements when the building was oonstructed. (bmcilman Schneider stated based on the existing code, 42 parking sgaces are re�uired and they have work+ed out 41. He felt the only real issue is requiring the bond. Mr. Qureshi, City Mar�ager. stated a sol�ion may be to place a restricted oovenant on the north Farael and not require the b�nd. Mr. Haarstad stated this is what they have requested as they cbn't want the expense of supplying additional �srking until the paroel is developed- -12- •.•,��. � M!�+��. • ��• • :i� I�DTD�N b� O�uncilman Schr�eider to adopt Resol ution No. 40-1987 , with the stipulations attached as Exhibit A. ELirther, stipulation No. 10 is changed to require a protective mvenant be filed against paroel 2 and when this Feroel is either built on or s�ld, additior�l parking will be provided on �arvel 3. Sec�onde8 by Councilwoman Jorgenson. Upon a voic�e vote, all voting aye, Mayor Nee declared the mation carried unanimously. I . i. :� �� • • : � i• y _ � _ �� u �! :� �� : a. ' � i ��4 PDTmN b� Cou'icilman Schneider to acbpt Resolution No. 41-1987. Seoonded b� Cotmcilwaman Jorgenson. Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried un�animously. 17. CLAIMS: NDTD�N b� Cb�ncilman Schneider to authorize payment of Qaims No. 14272 throuc� 14552. Se�nded b� Cbuncilman FitzFstrick. Upon a voioe vote, all voting aye, Mayor Nee declared the motion c�rried unanimously. 18. LICENSES• NDTION b� Councilman FitzFatrick to app�o�ve the lioenses as sukmittred and as on file in the Lioense Qerk's Offiae. Sea�nded by Cb�mcilman Schneicier. t)p�n a voiae vote, all voting aye, Mayor Nee declared the motion carried una nimously. 19. ESTIMATES• NDTION b� �imcilman Goodspeed to ap�ave the estimates as sutmitted: Herrick & Ne�aman, P. A. 6401 Lfiiversity Avenue N. E. S�.iite 205 Fridley, Minnesota 55432 For Servi�s Rendered as C�ty Attorney Fbr the r'bnth of April, 198'7 . . . . . . . . . . . . . $ 1,957.00 Halvorsnn Gbnstruction 4227 - 165th Ave. , N. E. Anoka, NN 55304 Misoellaneous Cbncrete Curb and Gutter Project-1987 Estimate No. 2 . . . . . . . . . . . . . . . . . . . . . $ 1,4 87 .7 0 �gern A. Hiclwk & Associates 545 Inclian A'i�trid -13- ��i �,. � M � _ � � � � M �* , �r Wayzata, NN 55391 Moore Lake Restoration Project-F'hase II (#149) Partial Estimate - 3/71/SI to 4/27/87 . . . . . . . . . $ 175.26 �bterranean Engireering Corp, 6875 Hic�way 65, N. E. P.O. Box 32308 Minneap�l is, NN 55432 Lake Fbirite O�rporate Qer�ter D�nol ition & Site Grading Proj ect #163 Partial Estimate . . . . . . . . . . . . . . . . . . . . $ 594.50 Stmde Engineering 9001 E. Blocmington F`reeway Blc�mington, M3 55420 Lake Fbinte Cbrporate oenter De�nolition & Site Grading Project #163 $ g�769.48 Partial Estimate . . . . . . . . . . . . . . . . . . . . Seo�nded b� Co�ncilman Sci�r�eider. Upon a voioe vote, all voting aye, Mayor Nee declared the motion wrried unanimouslY• LR • J��1�� M�TION by Councilwaman Jorgenson to adjourn the meeting. Se�nded by Gbtncilman Schneider. Upon a voioe vote, all voting aye, N�yor Nee declared the motion carried unanimously and the Regular Nieeting of the Fridley City �uzcil of r�y 18, 1987 acYjourred at 9:28 �m laespectf ully sutmitted, (�role Haddad Willian J. Nee Secretaxy to the City Cbtncil Mayor Appraved: -14- PUBLIC HEARING BEFORE Z4iE CITY OOUNCIL Notice is hereby given that there will be a Public Hearing of the City Council of the City of Fridley in the City Hall at 6431 University Avenue Northeast on Monday. June 1. 1987 in the Council Chamber at 7:30 p.m. for the purpose of : Consideration of an Ordinance establishing an Electric Franchise with Northern States Pawer Company by adopting a new Chapter 403 entitled Uniform Electric Franchise. The Franchise will be available in the Engineering Department for anyone wishing to read this new Franchise in its entirety. Any and all persons desiring to be heard shall be given an op�portunity at the above stated time and place. Publish: May 11. 1987 May 18. 1987 WILLIAM J. NEE MAYOR 1 1A ORDINANCE NO. AN ORDINANCE CREATING CHAPTER 403 OF THE FRIDLEY CITY CODE RETATING TO UNIFORM ELECTRIC FRANCHISE The Council of the City of Fridley does hereby ordain as follows: 403.01. DEFINiTIONS. The following terms shall mean: 1. Cit� City of Fridley, County of Anoka, State of Minnesota. 2. city utility System. Facilities used for providin sewer, water, or any other public utility service owned or operated by City or a�ency thereof. 3. Company. Northern States Power Company, a Minnesota corporation, its successors and assi�ns. 4. Notice. A writing served by any party or parties on any other party or parties. Notice to Company shall be mailed to the Division General Mana�er thereof at 4501 68th Avenue N, Brooklyn Center, Minnesota 55429. Notice to City shall be mailed to the City Clerk thereof at City of Fridley, 6431 University Avenue NE, Fridley, Minnesota 55432. 5. Public Way. Any street, alley, or other public right-of-way within the City. 6. Public Ground. Land owned by the City for park, open space or similar purpose, which is held for use in common by the Public. 7. Electric Facilities. Electric transmission and distribution towers, oles, lines, �uys, anchors, ducts, fixtures, and necessary appurtenances owned or operated by the Company for the purpose of providing electric energy for public use. l t•� Page 2 - Ordinance No. 403.02. FRANCHISE. Grant of Franchise City hereby grants Company, for a period of twenty years from June l, 1987, the right to transmit and furnish electric ener�y for light, heat, power and other purposes for public and private use within and throu�h the limits of the City as its boundaries now exist or as they may be extended in the future. For these purposes, Company may construct, operate, repair and maintain Electric Facilities in, on, over, under and across the Public Ways and Public Grounds of City subject to the provisions of this ordinance. Company may do all reasonable thin s necessar or customar to accom lish these ur oses subject, however, to zoning ordinances, other applicable ordinances, permit procedures, and to the further provisions of this franchise. 2. Effective Date; Written Acceptance. This franchise shall be in force and effect from and after its passage and its acceptance by the Company, and its publication as required by law (and the City Charter). An acceptance by the Company must be filed with the City Clerk within 90 days after publication. 3. Service Rates and Area. The service to be provided and the rates to be charged by Company for electric service in City currently are subject to the jurisdiction of the Minnesota Public Utilities Commission. The area within the City in which the Company may provide electric service currently is subiect to the provisions of Minnesota Statutes, Section 216B.40. 4. Publication Expense. The expense of publication of this ordinance shall be_�+,�i�l by the Company. Default. If either party asserts that the other party is in defnult in the performance of any obligation hereunder, the complainin� party 5ha11 notify the other party of the default and the desired remedy. The notification shall be written. If the dispute is not resolved within 30 days of the written notice, either party may commence an action in District Court to interpret and enforce this franchise or for such other relief as may be permitted by law or equity for breach of contract, or either party may take any other action permitted by law. 1C Page 3 - Ordinance No. 403.03. IACATION, OTHER REGUTATIONS. Location of Facilities. Electric Facilities shall be located and constructed so as not to interfere with the safety and convenience of ordinary travel alon� and over Public Ways and they shall be Zocated on Public Grounds as determined by the City. The Company's construction, reconstruction, operation, repair, maintenance and location of Electric Facilities shall be subject to other reasonable regulations of the City. 2. Field Locations. The Company shall provide field locations for any of its underground Electric Facilities within a reasonable period of time on request bq the City. The period of time will be considered reasonable if it compares favorably with the average time required by the cities in the same county to locate municipal under�round facilities for the Company. 3. Street Openings. The Company shall not open or disturb the paved surface of any Public Way or Public Ground for any purpose without first having obtained permission from the City, for which the City may impose a reasonable fee. Permit conditions imposed on the Company shall not be more burdensome than those imposed on other utilities for similar facilities or work. The Company may, however, open and disturb the paved surface of any Public Way or Public Ground without permission from the City where an emergency exists requiring the immediate repair of Electric Facilities In such event, the Company shall notify the City by telephone to the office designated by the City before opening or disturbing a paved surface of a Public Way or Public Ground. Not later than the second workin� day thereafter, the Company shall obtain any required permits and pay any required fees. Restoration. After undertakin� any work requiring the opening of any Public Way or Public Ground, the Company shall restore the same, including paving and its foundation, to as good condition as formerly existed, and shall maintain the same in good condition for two years thereafter. The work shall be completed as promptly as weather permits, and if the Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Way or Public Ground in the said condition, the City shall have, after demand to the Company to cure and the passa�e of a reasonable period of time following the demand, but not to exceed five days, the r�ght to make the restoration at the expense of the Company. The Company shall pay to the City the cost of such work done for or performed by the City, includin� its administrative expense and overhead, plus ten percent additional as liquidated dama�es This remedy shall be in ad�ition to any other remedy available to the City. 1D Page 4 - Ordinance No. Shared L'se of Poles . The Company shall make space available on its poles or towers for City fire, water utility, police or other City facilities whenever such use will not interfere with the use of such poles or towers by the Company, by another electric utility, by a telephone utility, or by any cable television company or other form of communication company In addition, the City shall pay for any added cost incurred by the Company because of such use by City. 403.04. RELOCATIONS. l. Relocation of Electric Facilities in Public Ways. Except as provided in Section 403 03 3, if the City determines to vacate for a City improvement project, or to �rade, regrade, or change the line of any Public Way, or construct or reconstruct any City Utility System in any Public Wa it ma order the Com an to relocate its Electric Facilities located therein The Company shall relocate its Electric Facilities at its own ex ense. The Cit shall ive the Com an reasonable notice of lans to vacate for a City improvement project, or to grade, regrade, or change the line of any Public Way or to construct or reconstruct any City Utility System. If a relocation is ordered within five years of a prior relocation of the same Electrical Facilities, which was made at Company expense, the City shall reimburse Company for non-betterment expenses on a time and material basis, provided that if a subsequent relocation is required because of the extension of a City Utility System to a previously unserved area, Company may be required to make the subsequent relocation at its expense. Nothin� in this ordinance requires Company to relocate, remove, replace or reconnec t at its own expense its facilities where such relocation, removal, replacement or reconstruction is solel for the convenience of the Cit and is not reasonabl necessary for the construction or reconstruction of a Public Way or City Utility System or other City improvement. Relocation of Electric Facilities in Public Ground. Except as may be provided in Section 403 03 3, City may require the Company to relocate or remove its Electric Facilities from Public Ground upon a finding by City that the Electric Facilities have become or will become a substantial impairment of the public use to which the Public Ground is or will be put. The relocation or removal shall be at the Cornpany's expense. The prov.isions of 403 03 2 apply only to Electric Facilities constructed in reliance on a franchise and the Company does not waive its rights under an easement or prescriptive right. 1E Page 5 - Ordinance No. 3. Projects with State or Federal Fundin�. Relocation, removal, or rearrangement of any Company facilities made necessary because of the extension into or throu�h City of a federally-aided highway project shall be �overned by the provisions of Minnesota Statutes, Section 161 46 as supplemented or amended It is understood that the right herein granted to Company is a valuable right. City shall not order Company to remove, or relocate its facilities when a Public Way is vacated, improved or realigned because of a renewal or a redevelopment plan which is financially subsidized in whole or in part by the Federal Government or any a�ency thereof unless the reasonable non-betterment costs of such relocation and the loss and expense resulting therefrom are first paid to Company, but the City need not pay those portions of such for which reimbursement to it is not available. 4. Liability. Nothing in the ordinance relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging Electric Facilities while performing any activity. 403.05. TREE TRII�IlrIING. The Company may trim all trees and shrubs in the Public Ways and Public Grounds of City interferin� with the proper construction, operation, repair and maintenance of any Electric Facilities installed hereunder, provided that the Company shall save the City harmless from any liability arising therefrom, and subject to permit or other reasonable re�ulation by the City. 403.06. INDEhINIFICATION. 1 The Company shall indemnify, keep and hold the City free and harmless from any and all liability on account of inlury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Electric Facilities located in the City. The City shall not be indemnified for losses or claims occasioned through its own negli�ence except for losses or claims arising our �f or alleging the City's negligence as to the issuance of permits for, or inspection of, the Company's plans or work. The City shall not be indemnified if the injury or damage results from the performance in a proper manner of acts reasonably deemed hazardous by Company, and such performance is nevertheless ordered or directed by City after notice of Company's determination. 2. In the event a suit is brou�ht a�ainst the City under circumstances where this a�reement to indemnify applies, the Company at its sole cost and expense shall defend the City in such suit if written notice thereof is promptly given to the Company within a period wherein the Company is not prejudiced by lack of such notice. If the Company is required to indemnify and defend, it will thereafter have control of such litigation, but the Company may not settle such liti�ation without the consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City; and the Company, in defendin� any action on behalf of the City shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. 1F Page 6 - Ordinance No. 403.07. VACATION OF PUBLIC WAYS. The City shall �ive the Company at least two weeks prior written notice of a proposed vacation of a Public Way Except where required for a City street or other improvement project, the vacation of any Public Way, after the installation of Electric Facilities, shall not operate to deprive Company of its rights to operate and maintain such Electrical Facilities, until the reasonable cost of relocating the same and the loss and expense resultinq from such relocation are first paid to Company In no case, however, shall City be liable to the Company for failure to specifically preserve a right-of-way, under Minnesota Statutes, Section 160.29. 403.08. CHANGE IN FORli OF GOVEitNMF.NT Any chan�e in the form of �overnment of the City shall not affect the validity of this ordinance Any �overnmental unit succeeding the City shall, without the consent of the Company, succeed to all of the ri�hts and obligations of the City provided in this ordinance. 403.09. FRANCHISE FEE. 1. Separate Ordinance. During the term of the franchise hereby granted, and in lieu of any permit or other fees bein� irnposed on the Company, the City may impose on the Company a franchise fee of not more than five percent of the Company's gross revenues as hereinafter defined The franchise fee shall be imposed by a separate ordinance duly adopted by the City Council, which ordinance shall not be adopted until at least 60 days after written notice enclosing such proposed ordinance has been served upon the Company by certified mail. The fee shall not become effective until at least 60 days after written notice enclosing such adopted ordinance has been served upon the Company by certified mail. Terms Defined. The term "�ross revenues" means all sums, excluding any surchar�e or similar addition to the Company's char�es to customers for the purpose of reimbursing the Company for the cost resultin� from the franchise fee, received by the Company from the sale of electricity to its retail customers within the corporate limits of the City. 3. Collection of the Fee. The franchise fee shall be payable not less often than quarterly, and shall be based on the �ross revenues of the Company durin� complete billing months durin� the period for which payment is to be made. The percent fee may be chan�ed by ordinance from time to time; however, each change shall meet the same notice requirements and the percentage may not be changed more often than annually Such fee shall not exceed any amount which the Company may legally char�e to its customers prior to payment to the City by imposing a surcharge equivalent to such fee in its rates for electric service. The Company may pay the City the fee based upon the surchar�e billed subject to subsequent reductions to account for unco2Zectibles or customer refunds. The time and manner of collecting the franchise fee is subiect to the approval of the Public Utilities Commission, which the Company agrees to use best efforts to obtain The Company agrees to make its Aross revenues records available for inspection by the City at reasonable times. 1G Page 7 - Ordinance No. 4. Conditions on the Fee. The separate ordinance imposing the fee shall not be effective against the Company unless it lawfully imposes and the City quarterly or more often collects a fee or tax of the same or �reater percentage on the receipts from sales of enerqy within the City by any other energy supplier, provided that, as to such a supplier, the City has the authority to require a f ranchise fee or to impose a tax The franchise fee or tax shall be applicable to ener�y sales for any energy use related to heatin�, cooling, or lighting, as well as to the supply of energy ne�ded to run machinery and appliances on premises located within or adjacent to the City, but shall not apply to energy sales for the purpose af providing fuel for vehicles._ 403.10. SEVERABILITY. If any portion of this franchise is found to be invalid for any reason whatsoever, the validity of the remainder shall not be affected. 403.11. AMENDMENT. This ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of the Company's written consent thereto with the City Clerk within 90 days after the effective date of the amendatory ordinance. . 403.12. PREVIOUS FRANCHISES SUPERSEDED. This franchise supersedes any previous electric franchise granted to the Company or its predecessor. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF . 1987 WILLIAM J. NEE - MAYOR ATTEST: SHIRLEY A. HAAPALA - CITY CLERK -- - - -------=. _- - --- - - - - . _,_ _ - ---------. -��" piqECTORATE � OF PUBLIC WORKS CITYOF fV1EMORANDUM FRl DLEY �� FROid: DATE: Nasim QuresYu, City Manager John G. Flora, Public Wo�ks Director April 28, 1987 SUBJECT: Utility Franchise Fees An187-130 � o�o o•' o_Q o �° � " �� t►�� — Tr,e S�bus�an Rate Authority (SRA) has submitted a Unitonn Electric. Franchise to be e�:ecuted with NSP. This ordinance is submitted tor Council consiaeration. F�r! itan established within the NSP Franchise and also availa.ble within the hiiruiegasco Franchise is the implementation af a franchise fee for those public utilities that utilize the public rights-of-way for distribution of utilities. Withir: the ivSP Franchise Agreement, it stipulates that utility tees, it administered, mLSt be applied to all public utilities which are def ir.ed as electric, gas or steam heat systans that utilize the public right-of -way. Carrently, 5 municipalities have a fraivchise fee for both utilities and 4 tor a tee for electxic only. The tranchise tee ordinance submitted tor consideration establishes a 3 per�ent franchise fee for both NSP and Miru�egasco eftective October 1, 19t�7. (This date is established based upon the required notirication periods ar.d tne start of a calendar quarter) . NSP and riinr�egasco have fee stn.icture and have the c,� ' ty and the montti�y utility bills. J�F'/ ts AttaChments indicated scme concern on the implementation of a stated that publicity would be disseminatea within iter.� would be listed as a separate amount on tre PUBLIC HEARING BEF'URE �IE CITY QOUNCIL Notice is hereby given that there will be a Public Hearing of the City Council of the City of Fridley in the City Hall at 6431 University Avenue Northeast on Monday. June 1, 1987 in the Council Chamber at 7:30 p.m. for the purpose of : Consideration of an Ordinance establishing a Public Utility Franchise Fee with Minnegasco and Northern States Pawer Company by adopting a new Chapter 407 entitled Public Utility Gross Earnings Franchise Fee. The Franchise will be available in the Engineering Degartment for anyone wishing to read this new Franchise in its entirety. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. WILLIAM J. NEE MAYOR Publish: May 11. 1987 May 18. 1987 2 2A ORDINANCE NO. AN ORDINANCE ADDING TO THE FRIDLEY CITY CODE CHAPTER 407. ENTITLED "PUBLIC UTILITY GROSS EARNINGS FRANCHISE FEE" The Council of the City of Fridley does hereby ordain as follows: 407.01. DEFL2iI?ION. The term "gross revenues" means all sums, excluding any surchar�e collected by a supplier of natural �as or electric service from the sale of such services used within the corporate limits of the City; provided, however, there shall be excluded from the computation of �ross resr�nues all sums received by a supplier for services used for hi�hway li�hting, municipal street li�hting, municipal water pumping, municipal sewage disposal services, municipal traffic si�nals, municipal fire and outdoor warnin� sirens and municipal heating and ventilating systems. 407.02. FEE IMPOSED. There is hereby imposed on each and all suppliers of natural gas or electric service to consumers within the City of Fridley a fee of three percent (3$) of each supplier's gross revenues. 407 03. QUARTERLY PAYMENTS AND CALCUTATION._ Said fee shall be payable to the City by the fifteenth (15th) day of the month following the calendar quarter, based upon the gross revenues of the supplier for the preceding quarter of the calendar year. 407.04. SURCHARGE. Any such supplier may add to its effective rates for the utility services of which the Public Utility Gross Earnin�;s Franchise Fee is imposed a surchar�e to reimburse such supplier for the cost of the fee. 407.05. PROOF OF COMPANY FINANCIAL STATUS. Each said supplier shall make each such payment when due and shall furnish therewith a complete and correct statement of zevenues for the period. Such company shall permit the City and its representatives free access to the company's records for the purpose of verifying such statements. 407.06. VIOLATIONS. Violation of this Chapter shall constitute and be punishable as a misdemeanor. In addition thereto, the City shall have the right to levy against all property of such supplier or suppliers for payments of any amounts due. C�__� Page 2 - Ordinance No. 407 . 07 . At4ENDMENT . This ordinance may be amended by a malority vote of the City Council and be effective the first day of January after adoption The initial implementation of this ordinance will be effective October 1, 1987. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1987 ATTEST: SHIRLEY A. HAAPALA - CITY CLERK First Reading: Second Reading: Publication: WILLIAM J. NEE - MAYOR � _ �,.-- � CITYOF FRIDLEY ZO s �� DIRECTOF�ATE OF PUeLiC WORK8 NfEMOAANDUM Nasim Qureshi, City Manager John G. F1ora;�Public Wbrks Director II�1TE : May 4 , 1987 SUBJE(T: NSP Uniform Electric Franchise and Public Utility G'ross Earnings Franchise Fee � �� .� o.. t*ti� �°� � � " � i� �_ l,�b-b PW87-131 Included in the agenda of the May 4 meeting are two items dealing with the first read.ing of ordinanoes creating a uniform electric franchise and a public utility gross earnings franchise fee. In order to satisfy the Franchise and Public Utility Chapter of the Fridley City Charter, we are required to oonduct a public hearing with a published notice of at least twenty days prior to the public hearing. Acoordingly, the two agenda items should be to set a put�lic hearing for J�ne 1, 1987. While w�e have pravided notioe to NSP and also to Minnegasco regarding the franchise and the franchise fee, I would expect representatives to be in attendanoe at Nbnday's meeting whereby we may outline the establishment of the Su:�urban Rate Authority Lhiform Franchise and the City's oonsideration of the f ranchise fee. Based upon the dates established, if the oot.mcil holds the public hearing on June 1 and also has the first reading of the ordinance; the second r�ding can be scheduled for the Ju�e 15 oouncil meeting. �is could then be published in the Tribune on the 16th of June. With fifteen days for effectiveness to July 1, 1987 w�uld allow the required 90 days to October 1, 1987 for NSP to execute the franchise and the quarterly period to begin. JGF/mic AJBLIC HEARING BEF+ORE THE QTY �iJNGTL Notice is hereby given that there will be a Public Hearing of the City Council of the City of Fridley in the City Hall at 6431 University Avenue Northeast on Nbnday, J�e I, 1987 in the Council Chamber at 7:30 p.m. for the purpose of : -Consideration of a�'inai Plat, P. S. #87-03, Oliver Olson Addition, by Donna Olson, being a replat of Lot 1, Block 1, Veit's 2nd Addition, and Lot 26, Revised Ac�ditor's Subdivision No. 23, according to the plats thereof on f i1e and of reoord in the of f ice of the County Reco rde r in and for Anoka Cotmty, Minnesota, the same being 6430 East River Road N. E. Any and all persons desiring to be heard shall be given an opp�rtunity at the above stated time and glace. WILLIAM J. I�E N�,YOR Publish: May 20, 1987 May 25, 1987 3 e � � c�nr oF FRIDLEY i� • • � • •• PLANNiNG DIVISION 11/IEMORANDUM Jock Robertson, Ca�u�rounity Developnent Director Nasim Qureshi. City ManagQr Jim Robinson, Planning Coordinator;j�- MII�10 DATE : May 27 , 19 87 R�GARDING: 6430 East River Road Plat Proposal • �� .� To subdivide the single family lot at 6430 East River Road into three single family lots. Lot 1(with the existing house) has 128.H1 feet of lot width and 17,177 square feet; Lot 2, would have 65.0 feet of lot width and 8,952 square feet.; Lot 3(the corner lot) would have 73.39 feet of 2ot width and 11,064 square feet. City Code requires 80 foot of wir�th for a corner lot, and 75 feet of width for others. Minimm► lot area is 9,000 square feet. In conjunction with the Plat a request to vacate a 6 foot drainage and utility easement which runs east to west across the property. : • M, _;��:i��P� The same petitioner processed a 1982 lot split appeal which included a 70 foot lot on East River Road, a 66 foot lot and the balance with the house of 132.01 feet. At that time staff reco�nended: l. Platting of the property. 2. Corner lot of 80 feet. 3. Intermediate lot of 75 feet. 4. Streeet dedication along the westerly 30 feet to provide access to the properties to the south. 5. Assessments for properties abutting new road. 6. Park fees. On May 3, 1982 the Council approved a split with a 76 foot corner lot, a 60 foot intermediate lot and 84 feet with the house. The approval also called for the 30 foot street easement with a 25 foot triangle at it's intersection with 64 1/2 Way. The petitioner was not to be assessed for the access road unless it was used. The petitioner later rejected this compromise by withdrawing her petition. 3A 3B Jock Robertson Nasi.m Qureshi P�Iay 27, 1987 Page 2 ; �,��!�s ��1 Presently four residences exist to the south of the subject property which share two unimproved driveways off East River Road. City and County objectives would be to eliminate these curb cuts. The subject property should provide a minimum of 25 feet of street easement on the west of the Plat with a 25 foat triangle at it's intersection with 64 1/2 Way. The balance of the right-of-way if needed could c�rnne from the adjacent park. Lot widths should be as close to Code as reasonably possible. Staff recamQnends a corner lot of 75 feet and an inte�ia�e lot of 70 feet (each five feet short of Code) leaving a balance of 121.3 for the petitioners home site, with 16,727 square feet of lot area. The petitioner was made aware of this request prior to having the Plat drawn. Based upon Council's past action on this property and current desire for Code conforming lots, we feel the Preliminary Plat should be amended prior to Council approval. On P�ay 6, 1987 the Planning Comnission held a public hearing to review the Plat. A majority of the mP.mbers felt that only two lots should be provided. Hawever, based on the 1982 Council action they ooncurred with staff's recormiendation- The complete list of stipulations approved by the Comni.ssion is attached. J71F�/dm M-87-102 3C PLl1NNI��G C0�1t1ISSI0�J MEETI��G, MAY 6 1987 PAGE 8 lSpon a voice vote, all voting aye, C son Biilings declared the motion carried unanimously. Mr. Robi s ated this item would go to City Council on May la. 4. PU6LIC HEARItIG• CONSIDERATIOt� OF A PRELIItIP1ARY PLAT, P.S. �87-03� OLIVER OLSO�J ADDITIOtJ, QY DONNA OLSO�J: Being a replat of Lot 1, Block 1, Viet's 2nd Addition, and Lot 26, Revised Auditor's Subdivision No. 23, according to the plats thereof on file and of record in the office of the County Recorder in and for Anoka County, Minnesota, the same being 6430 East River Road ��.E. t40TI0�J by t1r. Kondrick, seconded by t1r. Qetzold, to waive the formal reading of the public hearing notice and to open the public hearing. Upon a voice vote, all voting aye, Ci�airperson Billings declared the motion carried unanimously and the public hearir�g open at 8:26 p.m. t1r. Robinson stated this petition involved a single parcel of residential property on the soutliwest corner of East River Road and 64'-Z Way. The property was zoned single far�ily. The proposal was to split the parcel, �•�hich included a single family existing home, into three single fami?�� lots, creating t��o additional buildable lots. Mr. Robinson stated a lot split request �•�as reviewed by the City Co�incil in 1932, and a copy of those minutes dated hiay 3, 1982, were included in thP agenda. At that tir�e tliere was some controversy as to the size of the lots and also a proposed street easment which the City was requesting to run alonc� tt�e west side of the property. t�r. Robinson stated that in 1982, a ►•�as rejected by the petitioner, and ing for a different subdivision. lot split approved by the City Council the petitioner was back at this tir.�e ask- Mr. Robinson stated the proposal was for a corner lot (Lot 3) to be 73.3Q ft. in width, ti�e middle lot (Lot 2) to be 65 ft. in width, and the resident's lot (Lot 1} would have the balance of 128 ft. in width. Mr. Robinson stated that as far as lot area, Lot 1 was 17,177 sq. ft., Lot 2 would liave 8,952 sq. ft., and Lot 3 would have 11,064 sq. ft. The code required tl�at corner lots be 80 ft. in width and that all lots be a minir�um of 75 ft. in width. All lots must have an area of 9,000 sq. ft. so the plat as proposed had 3 variances for lot width (Lot 2 and 3) and one for lot area for the �iddle lot (Lot 2). t•ir. Robinson stated Staff was proposing that the lot widths and lot areas be as folla�s: Lot 1 (resident's lot) Lot 2 (middle lot) - 70 Lot 3 (corner lot) - 75 121 ft. wide; lot area - 16,262 sq. ft. ft. wide; lot area - 9,646 sq. ft. ft. wide; lot area - 11,285 sq. ft. 3D PLANNI��G C0�1�1ISSIOPJ t1EETING, t1AY 6, 1987 PAGE 9 Mr. Robinson stated a-variance would stiil be needed on the corner lot and middle lot for a lot width of 5 ft. t�r. Robinson stated that in 1982, the City Council approved a 76 ft. width for the corner iot ��ot 3}, 60 ft. width for the middie lot (Lot 2), an�i 84 ft. width for the petitioner's lot (Lot 1). He believed the 34 ft. width must have been a mistake in the ninutes because it did not add up to the total ►•�i�(th of the three lots. Mr. Robinson stated Staff was recor�mending the following stipulations for both the preliriinary plat and the vacation (Iten 5 on the agenda): 1. Provide for the following lot widths: A) corner 75 feet; a) middle 70 feet; C) rlesterly approximately T21 feet. 2. Provicle a 25 ft. street easement along west of property with 25 ft, tri angl e at i ntersecti on wi th 64'Z tJay. 3. Provide 10 ft. utility easement (in addition to proposed street ease- nent) along arest and along north of plat. 4. All future electric service to be underground. 5. Two park fees to be paid with buildinc� permits; Council to prescribe amount. 6. Lot ►��idth variances are approved ►•�ith subdivision; corner from 30 ft. to 75 ft., middle fror� 75 ft. to 70 ft. 7. Imp►•ove entrance to existing house by elininating old garage door and re-orienting entry. (�tr. Robinson stated that in 1983 a garage perr�it was issued for a new garage which now faces 64'2 Way. Originally when the garage was built, it was oriented towards East River Road. Along with that 1983 buildin� permit, there was a stipulation that the existing garage be converted to livinn space and that completion should be accomplished within 90 days after the garage was co�pleted. So, it I�as now been several years since the garage was built, and that should be taken care of.) 8. No access allowed on East River Road. ��Ir. Robinson stated the road easement that was being proposed alona the westerly side of the property was for a future road. 7here r�ere three houses on that side that were serviced by a dirt drive to East River Road, a��] there was a naster plan (included in the agenda) that would include a 50 ft. right- of-way (25 ft. from the park and 25 ft, fror� the petitioner's property) culminating in a cul-de-sac which would open up access to potentially five properties. 3E PLAN!;If�G COt1MISSION MEETING, �'IAY 6 1987 PAGE 10 t1r. Billings asked what the sizes of the lots were across the street on 64'-2 Way. t4r. Robinson stated those lots were 100 ft. in width. Ms. Donna O�son stated that because of the fact that shP was changing the position of her home from facing East River Road Lo facing 64'z Way and the way the house was situated on the 1ot, ��ttirog her si+�ey�rcls dawn and provid- i►�c� an easeraent across the back of the lot wa�9id leave her r�ath no sideyards o�� bacl:yard. She stated she has a large four-bed�-oor� house that wi 11 accommo- da �e a 1 arge fami ]y but no yard. If ti�e house was biiilt to face 64'2 IJay, it would probably have been built closer to 64'�!Jay, but it was sittinq back fartl�er than the required 35 ft. setback. - t's. Olson stated she did v�ant to finish the construction they have started. TI�e smaller iier lot becones, the less noney she will get fron Twin City Fe�ieral to help finance the finishing of the construction. She stated the City Council approved a 60 ft. width lot for the middle lot in 1982. 1111 she was asking for now was a 65 ft. width. ShP did not �ind �iving the ease- mer�t in the back as long as she had a decent yard around the house. I�r. Getzold stated they are stuck with the parameters that are existinn, tJith a fairly lar�e house on Lot 1, by 5queezing down the other tw� lots, it made a fairly small lot for Lot 2. t•Jhy not split into just two lots? . I•�s. Olson stated she has already incurred so r�uch expense in doing all this that it would not be feasible financially. �15. Olson stated she would also not object to the easer�ent as lon� as she would �e exer�pt from any assessments for a road if a road ever goes in there. t�r. Robinson stated tt�at was a stipulation made by the City Council in 19p2, t►�at ti�ere vlould be no future assessment to Ms. Qlson's lot unless she ��sed t►�e street. I�OTIO'� by �1r. Kondrick, seconded by f1r. Betzold, to close the public hearing. Upon a voice vote, all voting aye, Chairperson Cillings declared the public hearing closed at 8:46 p.m. Mr. Betzold stated the City Council was trying to avoid substandard lots created by lot splits. In lookin� at this, he saw the existinq house was on a 128 ft, wide lot, but a portion of that would be taken up for a future road., He thougi�t a comparable lot could be created next to it, and he would be more cor�fortable with two lots rather than three lots. �tr. I:ondrick stated he agreed, that too much was trying to be put on this property. 3F PLAtJIJI(�G Ca'It1ISSI0P� �1EETIP�G, t�1AY 6, 1987 PAGE 11 t4s. Olson stated these iots have already been sold, subject to the lot split, and plans have been approved by the City for houses that will fit on those lots. The houses would be a comparable value to her horr�. Mr. Kondrick stated that even though that was the case, he would have to vote in favor of the stipulations for the revised lot widths as recommended by Staff. ��tr. Qillings stated he agreed with t1r. Qetzold and Mr. Y.ondrick. He thought it �•�ould be more appropriate to end up with two lots, each being approximately 130 ft. in width which would be consistent with the 100 ft. wide lots across tl�e street. The petitioner had indicated that this would not be economicaily feasible. The Planning Corunission was not obligated to do things which v�ere motivated by financial criteria; hoaiever, at the same tir�e, so�e concessions were made by the City Council in 1982, and he thought the cor�pror�ise made by Staff on the lot widths was a fair compromise. It was not wt�at they would lil:e to see, but it was sor�ething they couid probably live with. He could �o along ��ith tl�e stipulations as recommended by Staff. P�1r. Bil�ings stated he would like to see the Planning Cor�mission recommend to the City Council that the park fees be 5750/lot for two lots, rather than Si,500, because of the add�tional expense the petitioner has gone to for ti�e replat and the petitioner's vrillingness to work out a compromise. MOTIOtd by t1r. Kondrick, seconded by Ms. Sherek, to recor�mend to City Council approval of Preliminary Plat, P.S. #87-03, Oliver Olson Addition, by Donna �lson, being a replat of Lot 1, Block 1, Veit's 2nd Addition, and Lot 26, Revised Auditor's Subdivision No. 23, according to ti�e p1ats thereof on file and of record in the office of the County Recorder in and for Anoka County, t1innesota, the same being 6430 East River Road, with the followinc� stipulations: 1. Provide for the follor�ing lot widths: (1) corner 75 ft.; (2) �iddle 70 ft.; (3) westerly approxinately 121 ft. 2. Provide a 25 ft. street easement along west of property a�ith 25 ft. triangle at intersection with 64'-2 Way. Petitioner not to be assessed for street improvements provided petitioner does not access new road. 3. Provide a 10 ft. utility easer�ent (in addition to proposed street easement) a�ong west and along north of plat. 4. Al1 future electric service to be underground. 5. Two park fees to be paid with bui)ding perr�its; each park fee to be 5750. 6. Lot widtl� variances are approved with subdfvision; corner fror� 80 ft. to 75 ft., middle from 75 ft. to 70 ft. 7. Improve entrance to existing house by eliminating oid garage door and re-orienting entry. 8, t�o access allowed on East River Road. Upon a voice vote, Billings, Kondrick, Bondow, Sherek, voting aye, Betzold voting nay, Chairperson Billings declared the motion carried by a vote of 4-1. 3G PLI�t�!�It�G C01'ftISSIOtJ MEETIPJG, MAY 6 1987 PAGE 12 t1r. Eillings stated he wanted the City Council to note that at least three Planning Commission menbers were in favor of two lots rather than three lots. Also, they would like the City Council to note that the garage that a permit was issued for in 1983 has not yet been completed. 5. COt�SIDERATIOiJ OF A VACATIOi� REQUEST, SAV �87-03, SY DOt�NA OI.SOs�: ; To vacate a 6 foot dra�nage and ut�l�ty easemen± created by Veit's Second Ad�iition, generally located at 6431 East River P,oad ��.E. htr. Robinson state�d there was presently a 6 ft. utility easenen that ran across the �niddle of the existing lot. This would have to be acated in order to build a new house. 7here �ere no utilities in that eas ,ent. The only recomr�endation they had was fro� f1SP and t�artel Cable tha the easement be replaced a�ith a 10 ft, easer�ent along the west and along�he north side of the pro�erty. The prior stipulations with the plat in �uded tl�e provision for that easerient and also that there be underground ectrical service. There ►�ere no further stipulations. M�TIOt� by t1s. Shere4:, seconded by t1r. Kondrick, recommend to City Council approval of Vacation Request, SAV �a7-03, by Do a Olson, to vacate a 6 ft. dr-ainage and utility easer�ent created by Veit' Second Additi�n, generally located at 6431 East River Road P�.E. Un�n a voice vote, all voting aye, Chairp son Billinc�s declared thP moti�n carried unanimously. ht►-. Robinson stated this vacation re est and tlie preliminary plat would �o to City Council on June 1. 6. COt�SIDER/�TIOt� OF A LOT SPLIT, L. .�87-03, BY BER�JADET7E BENS(?'� OF t1I�:+EST SUpER STOP: To split off all tt t part of Lot 13, Revised Auditor's Suh- division tyo. 103, Anoka Count , Minnesota, accordin� to the plat.on file an�i of record in tl�e office f the Anoka County Recorder, lyin� easterly oF tl�e easterly lir�e af Lot 2 aloc�: l, tJaynes First Addition and westerly o{ a line drawn from a poin on the easterly line of sai� Lot 2, Qlock 1, �iistant 1.5 feet soutlie y of the northeast corner of said Lot 2 to a point on the easterly extens on of tf�e southerly line of said Lot 2, Blocl: 1, distant 45.0 feet easrt of the southeast corner thereof, generally located at 8100 East River�toad f1.E. ;1r. Robinson st�ted tiie property was located on the south�•�est corner o` Fairmont and East River�Road. In 1984 a special use pernit �•ras issued for the construct��(on of a gasoline facility. He stated the petitioner, 8ernadette enson, had done a very nice job of rehabbing that corner. After rraving in the building, they discovered their property line was not identical to the f nce line west of the building but ran at a drastic angle to What ►vould the side and back yard of the adjacent family house. In order to clean up this probler�, they have agreed to split the property tvest of the fen and wi 11 be sel l i ng the property to the nei ghbor ►�ho wi 11 cor�bi ne ti�a*_ wis�i his lot which will then brinq his lot up to code. After the split, the �1�t area for the gas station ��ill be 21,800 sq. ft. which was more than adegu�t� code. Code requireme�t was 20,000 sq. ft. 3H �►►: i �1 F'. S. �k37-0j SAV �k37-0j Sl it�.�.Ai IUIVS 1. PROV I DE FOR THE FCILGW I NG LOT W I DTHS : A) CORNER "T 5 FEET B) M I DDLE IID FEET C) WESTERL.Y APPROXIMATELY 121 FEET. �. PROV I DE A 1S FOOT STREET E�SEMENT ALONG WEST OF PkOPERTY W I TH Z5 FOOT TRIANCiE AT INTERSECTiON WfTH 54 1/2 WAY. I'ETITIOPER NOT TO BE ASSE5SED FOR f�W STFtEET PRONIDED THEY DO NOT ACCESS IT. j. NROVIDE 1(d FOOT UTILITY EASEMENT (IN ADDITION TO PROPOSED STREEI EASEMENT) ALONG WEST AND ALONG NORTH CF f'LAT. 4, P1..L FUTURE ELECTRIC SERVICE TO BE UNDERGROUND. 5, TWO PARK F EES GF� � l�lD .(d10 EACH TO BE PA i D W t TH BU I LD I NG PE f�+l I TS . 6. LOT WIDTH VARIANCES ARE APPF20VED WITH Sl16DIVISION; COR�ER FRCM �D FEET TO 7S FEET. M I DCL.E FRCM 75 FEET TO 70 FEET . 7, IMPRCNE ENTRANCE TO EXISTING HOUSE BY ELIMINATING OLD GARAGE DOOR AND hEOfZIENTING ENTRY. t�, NO ACCESS ALLGWED ON tAST KIVER KQAD. � 42 31 � P.S. #87-03 � � ' � , .. _ _ . _ _ . . . _ �nna Olson �, 1 � =�'° . . _. . �� 1 r iu.� s, . i,.> ,, _� 1 � 9 f �D. �`: 1 7RA� ` � ` ,, ` • i. � is � ,3 � ��9 �5�� :�.; . � ;,s,,,j ��i � �, , �;. :,. .,, Q•; �- :� � , � .:"� � N ' `---'; :—�+4r �; _ _ , � , - i�i—_ �-{r-�i' r � : � , ��`` � ,� - a' . ,M rQac r 4� \ , � .. � Fo A,✓i�c,� t ��i .� -i+'ll�� • //76S/ e�' � . '� �� . 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' � . . ... . . � F� ,)fo rre - _ •;. ,�� - ,.:. .,. ;i� • ,� ,� �'� � • , ,/ r � �� s�� #3) - �> ��. �� r. � --: , ��,Q`,\ �, f I" �> "► N i�� ,'r J a . �'r>> � . " : � . .-: .. J` �/ �' . � . .: . r.�;`�„ .�..� - ��, t a 1 , i .! t11� �� R � R AY �t � IO �4 a; � l3; !:) _ �� 9, d � � S �I � � / � � �< + ` � t � ;� , ��` �e; � r>> (�°, v 1 - � a T � �7 �.S �� % �Q L� r '� ; �� f � � � - 4' �` J ? I/2 ' WAY � i I °� I ' ' *, � i � `� ..,.., �� , , : � , . .�� ---- r� - P.S. #87-03 Donna Olson ," � � LOT SURYEYS COi'�.?Af1Y, INC. LArD SVR�'EYORQ REGISTERED C�UER LA�� OF STAT! OF �11��6`U7'A 7601 . t3rd Mr'we �ar�h �'�� lLnae+Vdu. M une+nu SSJI/ PRELlMINARY PLAT �F� �+«3nre cCrrtcficasr 3J INVOICE NO 197I6 E 9 NO %'�66-69 SCwLE �.. � �• 0— DENOTESiRON � OLIVER OLSON ADDITION \ CtTY OF FRIDLEY. 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O::ver �lson -�irncr and Developer 's++" � - �� ; +�'�'� o�i� tast ��rer Road e�„i•\i^ ` �yl�). Fridle._ Y� 'S�3: � , � �none: 6&�SS00 � ` � � e6srrd 6v: Lo2 Survevs •:ocanf. Inc. '6('. '3r0 Arr.we �orth MT6 M:�1Ca:O:t�, K• Su2f �' i �.s.oM� Pnme� SM-SGSS � 'e"° �.. .� (en.,;es 6sstin� ElavaUOn ;o;ai Area • 39,5�4 ip. Ft.s L�; 1• 17�1i7 SQ. Ft.z L�: 1• �.iSL S0. Ft.= �. 3 • II.OH�50- Ft.: PRELIMINARY PLAT _�'�'`'� . .. `-�' -�T., � _ �,:,��•.re '� � . -�-"` ._ . .. � x,�-- =''�` °3 � � ' � { t ¢ ". \ � t .ry^' � . � _ �� ti,� :;Z - �' . � _�:t`"�� _ ,�.. � ^�•*�.:r �?" '..��4; f- �� J� - ;� ';�J" s � � '-f �.� � �...��, ,,�,-'� . �f . 'a '� _ . r . - � � .. .+s. .� - - ` ♦ . . _° . ., .., . [' �y .i� � � � 4 « � � ' � � .y K� 1�= i.2 � � Y� � " '� \.'' . � L w � : r- �y � �. - �` � 3 ,t �� os . � - 1 tA s � I t '�+� d � it �. ♦ � , l � �� .. ,� ;� . ,�, " � s� � �.+. {�! � . p� ''� t�t. � .. . yr 7 � �, � �i �" f � r � ' `i�- {� � .: W- � .'�; f �.•6 � M1 �� 1$ �. N � f 5 . 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' '`'�,�..� . -,� � - «�l:" ; � � � . \ .:� I �� y �4 �.. + �� '. � �� " � � � � �� .,� � . . , � � -� =�; � ;�''� � .- � " �'` �,,, ,� , �� . :'ti s � :.. bs �+ s ,� � � j � . r_ � � �,i� ; . _iq � t� �� : �,= �Y �_ �(„ . w s- * ��a� `�S:rsr�r .��.. •. _�?"i ra, i�-' � r� .:'!� �N `}_•i' 't�3� ° f°'�n'" .!°t�`l� e } ! I �t L�r� .i1-"��: `,t_. j-.� �� . . ... , . . fi': .. ��F� �'�� ISF} . '3'.(� �s. i`.= � ,�: � � '�'" t � ,d .` � �;y � ,� � S 5;�,,,.P` � ,, �' . � t 1°w,'� �.� �" k -'�i� + r�� 'd '-� � �csu � J .i� S ,.i_'' �� i y��:_Y�1�, � `!: %��! ; � ,r �a� `.'a y�f3 � xe�.�`� ,4 , .. • � � , 3 .+ `� i 1� � � � '�..� � +:�. 4 . �' � r � � ....�.. � at'�,Z-,� ' � . A�� .� � �• � I ` � ,'"� �' :,r �t -'� l� �c� ��r '�`r '��r,�r�i �. �♦ �� s�+ � {, � j„ �''" �' �`�'' :.r�i {� A y � �Q f "ie- � �1. ' � 'Y' � M �, -� � � :�`,� : �-,�`: s.ti '��,�.� � +� �.�: W�, i,; �j • r 1 '•'•y y � -' c :7` ss��i N �*9 r� � �� - M. � .,;� �. r.�" ' t : � ' � : : �..,- � � � � �Y . � � A��' . I ,ta'_ � ,: � +� . ,' ��Y;�'�":Y � , _ 5�:,, - �'" �� - � :7 ::�,. :�q,r �. '•.�'�.,�, - �• - * f�' f ,l'3. � ��„ �..,y� , �,,._ _" •, • ,�+ -� �r,,t r�` , . :: -� ; � �xs , ��,� . u� , y�,•, � .. ! i� �y� ':�' Y �# �� ` � - �f :i�.t� 3 �� . f. �' •. �.*� -.R . � �� . �� .'�f�'.� .��'+��!l.�14=��r_ . » L� . . .��.�� -. ��. r i r� (e �,.��r� PIJBLIC HEARING BEEC)RE ZHE QTY (XXJI�X,ZL 0 Notice is hereby given that there will be a Public Hearing of the City Gouncil of the City of Fridley in the City Hall at 6431 University Avenue Northeast on Nbnday, Jt�a�e 1� 1987 in the Council Chamber at 7:30 p.m. for the purp�se of : �Consideration of a Vacation request, SAU �87-03, by Donna Olson, to vacate a 6 foot drainage and utility easement created b� Veit's Secand Addition, generally located at 6430 East Ri.ver Road N.E. Any and all persons desiring to be heard shall be given an opportwnity at the above stated time and place, Publish: May 20, 1987 May 25, 1987 WILLIAM J. NEE MAYOR I, . PLAr�i�I��G C0�1�aISSION MEETIP�G MAY 6 1987 PAGE 12 t4r. Eillings stated he wanted the City Co �o�e that at least three Planning Commission mer�ers w avor of two lots rather than three lots. Also, they would li ity Council to �ote that the garage that a permit was issue n 1983 has not yet been completed. 5. CO��SIDERATION OF A VACATION REQUEST, SAV #87-03, BY DONNA OLSON: To vacate a 6 foot dra�nage and ut�lity easement created by Veit's Second Addition, generally located at 6431 East River P.oad PJ.E. Mr. Robinson stated there was presently a 6 ft. utility easenent that ran across the Middle of the existing lot. This would have to be vacated in order to build a new house. There were no utilities in that ease�ent. The only recommendation they had was f ron tJSP and t�ortel Cable that the easement be replaced with a 10 ft. easer�ent along the west and along the north side of the property. The prior stipulations with thP plat included the provision for that easement and also that there be underground electrical service. Tl�ere �•�ere no further stipulations. MOTIOP� by �4s. Sherek, seconded by tir. Kondri ck, to recortmend to Ci ty Counci 1 approval of Vacation Request, SAV #87-03, 5y Donna Olson, to vacate a 6 ft. drainage and utility easement created by Veit's �econd Additi�n, generally located at 6431 East River Road P�.E. Upon a voice vote, all voting aye, Chairperson Eillinc�s declared thP motion carried unanimously. Mr. Robinson stated this vacation request and tlie preliminary plat would c�o to City Council on June 1. 6. COt�SIDERATIOt� OF A LOT SPLIT, t_.5. #87-03, BY BERPJADETTE BENS0�1 OF �1I041EST SUPER STOP: To split off all that part of Lot 13, Revised Auditor's Suh- division tJo. 103, Anoka County, Minnesota, accordin� to the at on file and of record in the office of the Anoka County Recorde yin� easterly of the easterly line of Lot 2, 61ock 1, 1Jaynes First tion and westerly of a line drawn from a point on the easterly line saici Lot 2, Block 1, ciistant 1.5 feet southerly of the northeas orner of said Lot 2 to a point on the easterly extension of the south y line of said Lot 2, alocl: 1, distant 45.0 feet east of the south st corner thereof, generally located at 8100 Eas t Ri ver Road IJ. E. �1r. Robinson stated tl�e p�rty aias located on the southwest corner of Fairmont and East Rive - ad. In 1984 a special use permit v�as issued for the construction of gasoline facility. He stated the petitioner, Bernadette Benso , had done a very nice job of rehabbing that corner. After moving into t building, they discovered their property line was not identical to the fenc ine west of the building but ran at a drastic angle to what ►,rould be e side and back yard of the adjacent family house. In order to clean this problem, they have agreed to split the property �vest of the fen� and will be selling the property to the neighbor ►�ho will combine that �h his lot which will then bring his lot up to code. After the split, the lot area for the gas station will be 21,800 sq. ft. which was more than adequate by code. Code requirement was 20,000 sq. ft. . � � sAV #8�-03 4 B � 42 Donna Olson � � ,. � � •-- ' ° :�•� . -- • - � . _,- ^ �• , — ,. �` .\ . � ,. __� ..> .. � --- . . 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'4i�.� :- .- - i�.s is .�I,a rs �o �% 2 ;� . _ — >' ., . 7 -.�� :. .. �: � '' . . � �• ': � � � � � � � ; - � �:`';s �7 ~ -. :t: �.� � ' � Y � ; I � � � == �,: . :, ; 21/2 ' WA < - �� - � .... .. . . : ,� ,. �� Al � �,� ��, �3 •_ }> ., : �d p lO�r, , ; ti , . ,' '' J� �' " Q ' � '. .. J. ',. � � :. �r , !� .,� �P N ,� �W - . ` _ r '� _ � � � � ' _ �_i �� L �' �, 2 _, ,�•J , . ` `,.- � � O� � LOT SURYEYS COf.::•k�:Y, INC. u�n sL�ceroxs REGI?TERCU C�UER LA�►.OF aT.\T! OF �11\�L�OTA t60f • T3rd A.mw \�N 360]0!7 ff�nnr�odr. Y me.nu 53�7� PRELIMINARY PLAT OF' �u[At�}OYf �CftflfUtit OLI�ER OLSON ADDITION CITY OF FRIDLEY, ANOKA COVNTY i`"64�� ` � �- - O ' '' � � ��.. . � . ,�10 : � �, j� �V/ `= � � � � � ...,> �e� ��. 6 J, 6� � SAV #87-03 Donna Olson l � �" � � N a�G��' �� G yli � � �s �y� �U�k'� �_ ,/ �,�NE. � "; `: �( g � � ,a, r� ` � '•-•• �� /�.�-"• �: ,�-� - �p � •Mo •` _ � / �� ' 1 �r / . ' ��y'Y / N"L i � �� \ \ 1 N-` 1 �~� \\ � .��.• ��KSrt: B�� , 4C it�vO�CE n0 `°'�Q � � �.0 '- ce-es SCA�E �.._�4. 0- 9E�J�E� �AON � \ J► L � � o�.► ` yd � � ��J � n ' . �Y� �I'1 �•� y v ,S i 0 �, o a �° O i� ., � �� . J , ,, /' i$�� \ p �� Q \ � \ � r.. r.a �re. O::ver ilaa: -�rnrr and Ge.eloper c3i�. Fati: R ner PoaG Vri��t•. Y• 'S�1: Vnone: i:•-557; L't Sun•eri iaqar... IM. ' � ' ':r3 ..r.+ue �ort� r�:r�ra:o:ia, �t. :S�iF h.v+s � 56'.• Y",:I ^••.' [er,:es bnsc�n� El�.�aum :�:�i Me� • 39.:�S i0. Ft.= [.: f • 17�1i7 SC. Ft.s .a- 1 • 1.751 5�. Fc.e .:• 3 • �I.oi+ W. ►e.s � 5 • •,� � �• �• � AN Q�I��E R�CX�IgYING THS FRIDLEY CITY QODB, CHA,PTER 205 II�i'1Ti1� "ZCNIl�' SY A1�IDING S�C,'rIONS 205.04.5. B. , 205.07.3.D.(2a.(b)., 205.07.1.G (2J�., 205.08.1.C.(2)., 205.09.1.C. (1) � (2) , 205.09.7 .D. ( 8) . , 205. i3.1.A. ( 5) � (6)., 205.13.7.D.(8)., 205.14.1.A., 205.14.7.D.t8)., 205.15.7.D.(8)., 205.16.1.A.. 205.16.5.C., 205.16.7.D., 205.17.7.D., 205.18.7.D. AND BY RENUMBERING THS NEXT OC[�L'S0Q2'i'IVE �. The City Council of the City of Fridley ci�es hereby ardain as followsc 205.04. C�1L PROiTlSIQ�S 5. AO� BUII�DII�IGS AI�ID S� B. A�ccessory L^uildings and structures are permitted in the rear yard and the side yard only, subject to the follawinq restrictions: (2) Acoessory buildings and structures in the side yards shall not be any c�oser than five (5) feet to any lot line except in the case of additions to existing, attached single-car garages, where the side yard may be reduoed to less than five (5) feet from the property line, pravided the expanded garage will be no wider than twenty-two (22) feet. (a) The setback for an addition to an attached single-car garage may be reduoed to three (3) feet f rom the side lot 1 ine if the nearest structure on the adjaoent lot is: 1) a house located at least ten (10) feet from the lot line; or 2) a d�uble-car garage which is located at least f ive ( 5) feet from the lot line. (b) The setback for an addition to an attached single-car garage may be reduced to four (4) feet from the side lot line if the nearest structure on the adjaoent lot is: 1) a single-car garage which is at least four (4) feet fran ' the oom�n lot line; or 2) a house with no qarage; or 3> a cbuble-car garage at least four ( 4) feet f rom the lot line. ( 3) All exterior walls, of attached garages, less than f ive ( 5) feet fran the property line, mxst be oonstructed of materials approved for one-hour fire resistance on the inside with no unprotected openings allawed. The maxim�n roof projection is limited to two t2) feet. 5A Page 2 -- Ordinance No. 205.07. I�-1 QIFrFAI�IILY I�.ING DIS'IIiiQ' R�(�� 1. 0.S�FS PE�II'1'iED C. Uses Permitted With A S�ecial Use Permit. (2) Churches. (a) Building and site requirements and performance standards shall be equal to or greater than those outlined in the follawing CR-1 sections of the Code; 205.16.3, 205.16.4, 205.16.6 and 205.16.7. (b) A garking requirenent of at least one (1) off-street parking sgace shall be pravided for every three (3) fixed seats or for every five (5) feet of pew length in the main assembly hall. Additional parking may be required for additional church activities, such as day care, classroom and recreational activities. (3) Private Schools. • : � I ' J ';r 4. II `I:�i�: ' • D. Setbacks (2) Side Yard: (b) A side yard of five (5) feet is required between an attached acc�ssory buildinq or use and a side property line except as stated in Section 205.04.5.& (2) and (3) . 205.08. &-2 ZwP-FAl�QLY I�n1III.ING DISIItICT RFIC�'IQ�S 1�'+:�. ��!:��Yy4r�. C. Uses Permitted With A S�ecial iTse Permit. (2) Churches. (a) Building and site requirements and performance standards shall be equal to or greater than those outlined in the follawing CR-1 sections of the Code; 205.16.3, 205.16.4, 205.16.6 and 205.16.7. (b) A garking requirenent of at least one (1) off-street parking s�oe shall be provided for every three (3) fixed seats or for every five (5) feet of pew length in the main assembly hall. Additional parking may be required for additional church activities, such as day care, classroom and recreational activities. (3) Private Schoals. Page 3 — Ordinance No. 205.09. 1�3 C�L 1�II�TIPLE �IIi.ING DIS`1RICT R�'IQ� 1.`!;+. Gs;�Y�444s� C. Uses Permitted With A Special Use Fermit. � (1) Churches. (a) Building and site requirements and performance standards shall be equal to or greatet than those outlined in the follawing CR-1 sections of the Code; 205.16.3, 205.16.4, 205.16.6 and 205.16.7. (b) A garking requiranent af at least one (1) off-street garking spaoe shall be pravic3ed for every three (3) fixed seats or for evety five (5) feet of pew length in the main assembly hall- Additional parking may be required for additional church activities, such as day care, classroom and recreational . activities. (2) Private Schools. . �,. . �,.� ,• �: ►+. �� •��. D. Screening. (8) All outdoor, solid waste storage containers, where a common oollection location is designated for three (3) or more dwelling units, shall be fully screened on three (3) sides with solid walls, and on the fourth side with an opaque, latchable gate. The container screening must be located in the rear or side y ards, on a hard surface, and pravisions must be taken to protect the screening f rom vehicle damage. All containers and screening shall be maintained in a clean and orcierly fashion. (a) Screening shall be designed out of mate r i al s that a re architecturally oom�tible with the principal structure, such as brick, architectural block or poured ooncrete. (b) Steel posts will be required in front of �ny oorner exposed to vehicular mavenent. 205.13. C-1 I�L B[lSIl�SS DISiRIGT RDC�'IQ�IS �, 1•1 �f��M�lV��l�. A. PLlIICl� U9eS. The follawing are princig�l uses in C-1 Districts: (5) Professional office facilities including real estate, lawyer, architectural, engineering, f inancial, insurance and other similar office uses. (6) Health care services including medical, dental, optometrist, chiropractic and vounseling clinics. 5C Page 4 -- Ordinance No. . ,,;. . �..� ' �' w I r � '•1. D. Screening. (8) All outdoor, solid waste storage receptacles containers, regardless of size, must be located in the rear or side yard on a hard surface. All vontainers must be totally screened f rom view, where visible f ram any public right-of-way and/or residential district. All vontainers and screening shall be maintained in a clean and orderly fashion. (a) Screening shall be designed out of materials that are architecturally compatible with the principal structure such as brick, architectural block or poured ooncrete. (b> Gates shall be required on screeni.ng if the open area is visible fram the p�Iic right-of-way or a residential district. The gates shall be opague and latchable. (c) Establishments that generate commercial food wastes shall have fully scree.ned solid waste storage �ntainers with concrete floors and opaque, latchable gates. (d) Steel posts will be required in front of any corner exposed to vehicular movenent. 205.14. C-2 C�?�1i. BI�SII�.SS DISTRICT RHC�,ATIQ�iS ��'r. 4;r;�„144�4s�: A. Princigal Uses. The follawing are princigal uses in C-2 Districts: (14) iiospitals, nursing hanes, o�nvalescent hcanes and homes for the elderly. :�: �.�,:�„'� ,��' �v: ��: ;��., D. Screening. (8) Al1 outdoor, solid waste storage o�ntainers, regardless of size, must be located in the rear or side yard on a hard surf ace. All � oontainers must be totally screened f ram view, where visible f rom any �` public right-of-way and/or residential district. All containers and screening shall be maintained in a clean and orderly fashion. � (a) Screening shall be designed out of materials that are architecturally o�mpatible with the principal structure such as �,. brick, architectural block or p�ured ooncrete. (b) Gates shall be requi red on screening if the open area is visib�le fran the public right-of-�ray or a residential district. I The gates shall be op�que arid latchable. 5D Page 5 -- Ordinance No. (c) Establishments that generate commercial food wastes shall have fully screened solid waste storage oontairiers with concrete floors and opaque, latchable gates. (d) Steel posts will be required in f ront of any c�rner exposed to vehicular movanent. � ry i�• �: �•� � �:► �s• � �• w•�ri� •� • 7. PI�2P+QRI�NC� S1�ID�6 D. Screening. (8) All outcbor, solid waste storage �ntainers, regardless of size, must be located in the rear or side yard on a hard surface. All oontainers must be totally screened f rom view, where visible f rom any public right-of-way and/or residential district. All containers and screening shall be maintained in a clean and orderly fashion. (a) Screening shall be designed out of materials that are architecturally oompatible with the princigal structure such as brick, architectural block or poured ooncrete. (b) Gates shall be required on screening if the open area is visible from the public right-of-way or a residential district. The gates shall be opaque and latchable. (c) Establishments that generate commerci al food wastes shall have fully screened solid waste storage oontainers with concr ete floors and opaque, latchable gates. (d) Steel posts will be required in front of any vorner exposed to vehicular mwement. 205.16. C!�-1 C�L �FI(E DISiRICT RHG�'IGKS �y;r. 4:��„�MY�:�� A. Priric.ipal Uses. The follawing are princigal uses in CR-1 Districts: (1) Professional offioe facilities including real estate, lawyer, architectural, engineering, f inancial, insurance and other similar of f ice uses. (2) Health care services including medical, dental, optometrist, chiropractic and counseling clinics. 5E Page 6 — Ordinance No. 5. PARR.II�1G RL�UIRH"�T15 C. Parlcing Ratio. (1) At least one (1) off-street parking sgace shall be provided for each 250 square feet of building floor area except health care 9ervices which shall pravide one (1) off-street �xirking spaoe for each 150 square feet of building floor area. . �,. .� ., ,. «• �� n � •��. D. Screeni.ng. (8> All outdoor, solid waste storage receptacles containers, regardless of size, must be located in the rear or side yard on a hard surfaoe. All oontainers must be totally screened from view, where visible fram ariy public right-of-way and/or residential district. All containers and screening shall be maintained in a clean and orderly fashion. (a) Screening shall be designed out of materials that are architecturally oomg�tible with the princip�l structure such as brick, architectural block or poured concrete. tb) Gates shall be required on screening if the open area is visible from the public right-of-way or a residential district. �ie gates shall be o�gue and latchable. (c) Establishments that generate commercial food wastes shall have fully screened solid waste storage oontairyers with concrete floors and o�que, latchable gates. (d) Steel posts wi11 be required in front of ariy oorner exposed to vehicular mwenent. 205.17 M-1 I.IGI� Il�XJ3IRIAL DIS7RIC,r RDC�H.ATIQ�IS 7. �rc�c� srArn�s (8) All outdoor, solid waste storage o�ntainers, regardless of size, m�st be located in the rear or side yard on a hard surface. All o�ntainers must be totally screened f rom view, where visiYale f rom any public right-of-way and/or residential district. All containers and screening shall be maintained in a clean and orderly fashion. (a? Screeninq shall be designed out of materials that are ' architecturally oom�tible with the principal structure such as brick, architectural block or poured o�ncrete. tb) Gates shall be required on screening if the open area is visible fram the public right-of-way or a residential district. The gates shall be opaque and latchable. Page 7 -- Ordinance No. (c) Establishments that generate commercial food wastes shall have fully screened solid waste storage oontainers with concrete floors and opaque, latchable yates. (d) Steel posts wi11 be required in front of any oorner exposed to vehicular mavanent. 205.18 I�-2 H�AVY I1�ISIRIAi. DISIItIGT R�'1(�' 7. �PCRI��O�K� S�II�I�6 D. Screening. (8) All outdoor, solid waste storage wntair�ers, regardless of siz e, m�st be located in the rear or side yard on a hard surf ace. All wntainers must be totally screened f rom view, where visible f rom any public right-of-way and/or residential district. All containers and screening shall be maintained in a clean and orderly fashion. (a) Screening shall be designed out of materials that are architecturally oom�tible with the princigal structure such as brick, architectur al block or poured ooncrete. (b) Gates shall be required on screening if the open area is visible fro�n the public right-of-way or a residential district. The gates shall be o�que and latchable. (c) Establishments that generate commercial food wastes shall have fully screened solid waste storage v�ntainers with concrete floors and ogaque, latchable qates. (d) Steel posts will be required in front of any oorner exposed to vehicular mavenent. PASSID AND ADOFPID BY ZHE CITY OOUNC�L OF THE -CITY OF FRII�,EY 'Tfils I�AY OF ---•1987 WII�L7AM J. NEE - NY�YOR ATrEST: SHIRLEY A. H�A�LA - CITY Q,IIZK Public Hearing: March 23, 1987 First Reading: May 18, 1987 Seoond Readinq: Publ ication: 5F I;�:�.-.: .��y . , � A RFSOI�iTrION APPRtNING A SQBDIVISION, LOT SPLIT, L. S. #87-03. ZU SPLIT I� 13. RBVIS� ALI�I'l�it' S�IBaIVISIoN ND. 103 WHEREAS, the City Council appraved a lot split at the _ —��ng, and the Planning Commission stipulations attached as exhibit A; and wI-�'.AS, such approval was to sglit off all that part of Lot 13, Revised Auditor's Subdivision No. 103, Anoka County, Minnesota. acoording to the plat on file and of record in the Office of the Anoka County Recorder, lying easterly of the easterly line of Lot 2, Block 1, Wayne' s Fi rst Addition and westerly of a line dra�wn from a point on the easterly line of said Lot 2, Block 1, distant 1.5 feet s�utherly of the northeast oorner of said Lot 2 to a point on the easterly extension of the southerly line of said Lot 2, Block 1, distant 45.0 feet east of the southeast o�rner thereof, generally located at 8100 East River Road N.E. WHIItF.�S, the City has reoeived the requi red Certif icate of Survey f rom the owner; and Wf�RF'AS, such approval will split off said piece of property and be deeded to the adjacent single faQnily lot (Lot 2, Wayne's First Addition)• NOW, �IEREFpRE, BE IT RFSC7I.VID that the City Council directs the County of Anoka to reoord this lot sglit within six months of this appraval or else such apprpval shall be null and void. PASSED AND ADOFrED BY TEiE QTY Q(XTNCIL OF THE CITY OF FRII�EY THIS IIAY OF . 1987 WILLIAM J. NEE - P+�.YOR AZTEST: SHIRLEY A. I�PALA - CITY CI�ERK C� 6A E7�IBIT 'A' 1. Execute and return street easement agreenent (17 feet along East River R�ad) prior to reoording lot sglit. 2. Provic� di.unpster screening prior to reoording lot split. 3. Provide hedging along Fai �nont Street with edging, weed barrier and mulch prior to rea�rding. 4. Subdivide parcel to be added to residential lot to west ooncurrently with reoording. : � - L.S. #87-03 6` B � • • Bernadette Bensan - CERTI��C,A,`i'� �� SURV�Y _ _ - � f r urvey tor ��?�/">:�•� -.,- �� r Job NO. Bk.- Pg. - - f �A/R Mon/T S%h'E��' • . Nf. �°� . �� oT 2 M�A�. //2��'d � � �r� � �� T _ � � I i / �/ ^� �� 91 7 � i�l/� �N E .S ; / �� ;' Q o,o. r LDT Z f• ��. �. : `,5 e i � � 4 � � : 1 ► � � 2�� o�.Q (� v �04 v/. � �`'w ' ee� Q o�v o� �� o � � �� ' . � �� '3. / ;3 �OT �o � a B�OCK T R�v�R yi� w �E/GHrs s�y, � . • �i!" `H �� ,� ; , � ; . � � W � v � � � � .o � o� � � V V Q �Q�� o� � ��'�� MCT. urt. j 5 _ S/IEO EX TFti SCALE I `� 30 � �' B s JRON M oN. r�v�t Q r IRON MoN. 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D,� o t�� .� „a„�� . 2� 3 2 S'� �� o^ � _:-,. . . � LOCATION MAP : CITY OF FRIDLEY PLA�JiJING COM!'IISSION NEETI��G, �1AY 20, 1987 CALL TO ORDER: Cltiai rperson Bi 11 i ngs cal led the t1ay 20, 1937, P1 anni ng C ormissi on meeti ng to or�ier at 7:35 p.m. ROLL CALL: lteiibers Preseni: Steve Qi 11 i ngs , David Kondri ck, Dean Saba, Sue Sl�erek, Donald Qetzold, Richard Svanda t1enbers Absent: �Jone Otl�ers Present: Jir,i Robinson, Planning Coordinator Jock Robertson, Cor;u�unity Developr�ent Director Y.en Qureau, 5630 lJ. Danube Rd. Ray ldorr�sbecker, 2809 t{ampshi re Ave. tJ. Richard Harris, 6200 Riverview Terrace APPROVAL OF ItAY 6, 1937, PLA��IJI��G COI�It1ISSI0P� �tIWLTES: t•10TIU(� by Itr. Y.ondricl:, seconded by t1r. Betzold, to approve the ttay 6, 1987, Planning Com:�iss�ion ninutes as r�ritten. Upun a voice vote, all voting aye, Chairperson Qillings declared the motion carrie�i unanimously. 1. PUGLIC HEARING: CUIJSIDERATIOt� OF A PRELIt1IPJARY PLAT, P.S. �37-Oa, KEt�'S 1ST ADl)ITIOP�, BY KEtJ BUREAU UF ROSElJ00D PROPERTIES, ItJC.: Qeing a replat of that part of Lot 5, Revised Auditor's Subdivision lJo. 77, Anoka County, tlinnesota, lying easterly of the following described line: Coririencing at the intersection of the center line of Osborne Road, as noa� la�d o��t, with the easterly right-of-r�ay line of faorthern Pacific Railroad; thence norti�easterly along said center line of Osborne Road, 436.5 feet to the point of beginning of the line to be described, said centerline has an assumed bearing of �Jortli 51 degrees 3 r�inutes 20 seconds east; thence ��orth 15 degrees, 40 r�inutes 0 seconds west, a distance of 436.5 feet; thence north 13 degrees, 5 r�inutes 56 seconds west, a distance of 561.73 feet, to its intersection with the north line of said Lot 5 and there terminating. Except that part taken for 77th Avenue and t4ain Street. Also that part of the Nortlia�est 1/4 of Section 11, Tor�nship 30, Range 24, Anoka County, Minnesota, lying norti�erly of Osborne Road and westerly of tlain Street. Generally located south of 77th Avenue, west of t4ain Street and north of Osborne Road. t�lUTIOiJ by t1s. Sherek, seconded by �1r. Y.ondri ck, to wai ve the formal readi ng of tlie public hearing notice and to open the public hearing, Upon a voice vote, all voting aye, Chairperson Sillinas declared the r�otion carried unaninously and the public hearing open at 7:36 p.r�. PLAi�NIfdG C0�1f iISSIO!J �1EETItdG, MAY 20, 1987 PAGE 2 t-1r. Robinson stated this involved a plat of approximately 9 acres located on 11ain St. bet►•reen 77th Ave. 1�.E. and Osborne Roa�. The project was for an office/��arehouse type facility wi�ich includeci two buildings--one build�ing at 49,300 sy. ft, and one building at 63,270 sq. ft. for a total sguare footage for both buildings of 113,000. This type of facility required a special use permi t wiii ch was i ter� 2 in the agenda. �1r. Robinson stated that as far as the plat, the petitioner was being asked to plat because of a lengthy legal description left from the sub- division of t��e Johnson Nrir�ting Co. and also due to the fact that the property liiies presently go out to the center lines of the road. Mr. Robinson stated Staff was reconmending the follo��inc� stipulations: l. Park fee of approximately 58,937 to be paid prior to recorciing plat. (exact amount equals sq. ft. x.023) 2. Developer to supply a ten foot bikeway/walkway easenent along Osborne; suhject to St. Paul Water Works concurrence. 3. Provide additional right-of-way (25 foot triangles) at the corners of Osborne Road and tlain Street and 77th Avenue and ttain Street. ttr, Robinson stated he had other coru�ents, but he would address thase un�ier the special use pernit. t10TI0id by 11r. Betzold, seconded by Mr. Saba, to close the public hearinc�. Upon a voice vote, al1 voting aye, Chairperson Billings declared tl�e public heariny closed at 7:39 p.m. P�tOTIOt� by �ir. Betzold, seconded by Mr. Saba. to recommend to City Council approval of preliiainary plat, P.S. #37-04, Ken's lst Addition, by Ken Eureau of Rosea�ood Properties, Inc., viith the following stipulations: 1. Park fee of approxir�ately S8,937 to be paid prior to recording plat (exact ar,iount equals sq. ft. x.023). 2. Developer to supply a ten foot bikeway/vralk�iay easement alona Osborne Road, subject to St. Paul Water lJorks concurrence. 3, Provide additional right-of-way (25 foot triangles) at the corners of Osborne Road and tlain Stree* and 77th Avenue and �1ai n Street. Upon a voice vote, all voting aye, Chairperson Billings declared t��e motion carried unanimously. : � . PL/1NidifJG COi111ISSI0tJ �1EETIP�G, NAY 20, 1987 PAGE 3 2. PUaLIC HEARIt�G: CO��SIDERATIO�� 4F A SPECIAL USE PERt1IT, SP #87-09, QY KEfJ BUREAU OF ROSEWOOD PROPERTIES, ItJC.: � Per Section 205.18. , C, 1, o t e Frid ey City Code to allaw offices not associated with a principal use on that part of Lot 5, Revised Auditor's Su Subdivision �Jo. 77, Anoka County, ��linnesota, lying easterly of the follow- ing described line: Commencing at the intersection of the center line of Os�orne Road, as now laid out, with the easterly right-of-way line of Pdorthern Pacific Railroad; thence northeasterly along said center line of Osborne Road, 436.5 feet to the point of beginning of the line to be described, said centerline has an assumed bearin� of north 51 degrees 3 r�inutes 20 seconds east, thence north 15 deqrees, 40 r�inutes 0 seconds west, a �iistance of 43G.5 feet, thence north 18 degrees 5 minutes 5G seconds west, a �iistance of 561.73 feet, to its intersection with the north line of said Lot 5, and there terminating. Except that part taken for 77th Avenue and �4ain Street. Also that part of the Northwest Quarter of Section 11, Toti•�nship 30, Range 24, Anoka County, tlinnesota, lying northerly of Osborne Roacf and westerly of �tain Street. Generally located south of 77th Avenue, west of ttain Street and north of Osborne Road. �10TION by t1r. Kondrick, seconded by �4r. Svanda, to �vaive the formal reading of the public hearing notice and to open the public hearing. Upon a voice vote, all voting aye, Chairperson 6illings declared the motion carried unanimously and the public hearing open at 7:42 p.n. htr. Robinson stated this property was zoned tt-2, heavy industrial, and was surrounded by other t1-2 except for the �4arquette Qank and the old Cub Food building which were zoned conmercial. The special use permit was for office not associated with principal use in an industrial zone. The two buildin�s, as mentioned earlier, would equal 113,000 sq. ft., v�hich was 29% lot coverage, less tiian the 40`� allovred. The speculative ratio for parking associated with a building of this type for properties over 1 z acres ►•ras 1 stall. for every 500 sq. ft. of floor area. This would require 226 parking stalls for this project. The drawings presently showed 212 stalls which was a deficit of 14 stalls. One of the stipulations addressed the parking needed to meet code. ��1r. Robinson stated Staff has been working extensively with the developer and his consultant in defining the architecture and landscape elements. Mr, Robinson stated Staff was reco�mending the following stipulations: 1. Developer to supply the city tenant type and building area calculations prior to each occupancy to monitor usage and parking supply. Parking need, by code, not to exceed supply. 2. Provide at least one stall per 500 sq. ft. of building floor area to meet code. All stalls to be ten feet wide, except handicapped to be 12 feet wide. e : PLANNI��G COt�1(1ISSIOPI 14EETIP�G, t1P�Y 20, 1987 _ PAGE 4 3. Developer to construct facades as illustrated on original elevations with recessed entries, brick corbelling over signage band and brick columns in front of entries as shown. 4. Grading plan to provide for berming, at least two feet above curb, alonq all right-of-ways, to screen parking. Provide revised plan by June 9, 1987. 5. Shrubbery to be planted at the top and street side of berms; add notation to landscape plan. 6. Refine landscape plan with additional shrubbery and increased shrub sizes by June 9, 1987. 7. Provide five-eight foot high spruce trees on extreme southwest corner of site to screen loading area from Osborne Road; add to plantinn plan by June .9, 1987. 8. Provide detailed foundation planting plans with trees and shrubs to break up arc��itectural mass by June 9, 1987. 9. All green areas to have automatic sprinkling. 10. All durnpsters to be located inside buildings or in enclosed masonry structure. 11. Provide for steel posts adjacent to loading doors to protect building. 12. All roof top equiprient to be screened fror� view from right-of-ways. 13. Provide a comprehensive sign plan by June 9, 1987, 14. Provide evidence of St. Paul Water Works approval for all ►vork in easer�ent prior to Council approval. 15. Provide a conprehensive lighting plan by June 9, 19$7. 16. No overhead doors facing any right-of-ways. Mr. Ken Qureau stated Roset•�ood Properties has been in business for 20 years. Over those 20 years, they have built everything from office/warehouse, office buildings, apartr�ents, small shopping centers. Their headquarters for the past 15 years has been in Roseville. They manage everything they build. There are a few buildings they have sold off to an investor 5-10 years later, but in most cases, they have managed everything they have ever built. They are not a company that builds a building, keeps it a couple of years, then sells it off and doesn't worry about it anymore. Mr. Bureau stated they own buildings in size from 30-40,000 sq. ft. of office building in Bloomington to the largest one they have rrhich is the Soo Line headquarters in downtown tlinneapolis. They have done everythinn fror� new construction to restoration. They did the Renaissance Square res�toration at 5ti� &�Ji col l et i n Mi nneapol i s. . � PLA"J�JIfJG CU�•111ISSION NEETI��G, �1AY _20, 1987 PAGE 5 Mr. Bureau stated they have built in Mor�ticello, Nea� Hope, Bloomington, anci Rvseville, 14innesota, and also Arizona and Tanpa and St. Petersburg, Florida. htr. Bureau stated they build quality products, and they pick good locations. T{tey feel the site and tf�e demographics in Fridley are right for this project. P1r. Qureau stated the buildings would be brick buildings with burnished block. The buildings were long and narrow, and the reason for this building design was becsuse there was a need, especially in Fridley, for smaller businesses t�iat need a rnixture of office and warehouse and that want the 60-90 feet deptt�s. He stated the day of the large deep buildings, except for large users, has pretty much gone by the wayside. t�r. Qureau stated t��e buildinc� �•las designed so they could have a cor�bination office/warehouse 60 ft. and 90 ft. depths, and cover the property in such a �•:ay ti�at nost of the office would face exterior streets. The buildings will be built with a lot of flexibility for the different tenants. Mr. Bureau stated they have access to tl�e site on Osborne and tlain Street anci 77th St. so there should not be congestion in any one location. Ne stated tV�ey would also have a series of retention ponds. Mr. �illings asked �1r. Bureau if he was in agreer�ent r�ith the stipulations as outlined by Staff. Mr. Qureau stated he was in agreernent with all the stipulations. t�lr. Dick Harris, 6200 Riverview Terrace, stated he was an adjoining property ayner and he had several questions and concerns. He stated it appeared to him with all the development in the area, that the intersection at �tain Street ancf Osborne Road was becoming increasingly overloaded. Trying to get on Osborne Road or across Osborne Road at any time of the day was taking your life in your hands. He stated he understood this was not the developer's problem, but it was a problem the City should address. He r�as happy to see another development on this particular parcel, but he thought the City better stop and take a good look at this intersection and make sone deterriination on how to fiandle the traffic and the additional traffic fron this ne�•� proposed development. Mr. Harris asked if these buildings would be taxed as cor�mercial or as M-2 industrial. h1r. Robinson stated he had had an extensive discussion with Leon 1ladsen, City Assessor, about the issue of commercial versus industrial, especially wi ti� tiiese types of bui 1 di ngs that are �parti al ly commerci al i n an i ndustri al zone. It was t4r, t1adsen's feeling that the zoning classification in and of itself did not carry the weight in terms of deterr.iining the tax, but rather it was the quality of the building, the expense of the construction, and the location that determined the tax. : PLANPJI��G C0�1�1ISSIO�J MEETING, MAY 20, 1987 ___PAGE 6 Mr. Bureau stated his company owns property all over the Twin Cities and basically it was the market value the assessor puts on the property, and that has something to do v�ith what the building is worth, the dollars per square foot times 43% times the mill rate. So, office, commercial, warehouse have been taxes at the same formula all over the Twin Cities for the past 20 years. Mr. Harris stated if they are going to go r�ith office/warehouse type of operations, perhaps the zoning code should be changed. As he remembered the definition in the zoning code, in t4-1 and �1-2 industrial zoning, the office was incidental to the manufacturing or warehouse. In commercial zoning, the opposite was true, that the warehouse was incidental to the office or retail. He felt the zoning code has really been stretched. They city has stretched the zoning code a long way for businesses such as Wickes and Plywood Minnesota anci busi►tess centers r�hict� sho�iid probably have a different zoninc�. P�tr. Harris stated t�e also ti�ought they were really stretching the special use permit to allow the office/warehouse type of uses in industrial zoning, and he did not think the special use permit was a good way to do it. lie felt it was unfair to tl�e developer, to the city, and to the rest of the developers in tt�e city because they really do not know where they are at. Mr. Robinson stated Staff was doing sone research right nov� on the zoning code and have talked to a lot of other cities. Other cities are facing the same problem, because ti�ere is not a lot of demand for �anufacturing space anymore. Some of the cities do not have any distinction between manufacturing and conmercial. Others allov� up to a certain percentage for office either as accessory uses or with special use perr�its. Mr. Bureau stated he thought what the City had to look at ��as a�hat has developed as a market. There was not a need for the industrial market in the Fridley area, nor in the whole Twin Cities area. The need was for light industrial. They are going for high tech operations--the need for some office, some warehouse, and some showroom, and this type of operation alloris them to be very flexible in bringing people into the Fridley market. He stated tliey cannot do that with the single operation warehouse anymore. He stated there was nothing wrong .with the City's code. Industrial zoning for this type of operation was all right; it was just that the terr�inology of industrial has changed. There used to be warehouses that were nothing but metal sheds. Now they are talking about attractive, expensive, well- lai�dscaped buildings, and that was the change. Mr. Robinson stated an improver,ient for r�idening Osborne between East River Road and Main Street was planned for either this year or next year. t1r. Billings stated maybe Staff should have some traffic counts ready for the City Council meeting. He stated the concerns expressed by �1r. Harris were valid concerns, and he would like Staff to have some answers to those concerns for the City Council meetinq. ��1r. Kondr•ick stated he agreed with Mr. Harris that the intersection was a hassle, and getting across Osborne by �larquette Bank was getting more and nore difficult. He stated the people who will ultimately rent fror�t1r. Sureau are going to be interested in this traffic situation, too. : Pl�r�'�I��G C�t�1�1ISSI0s� 1�1EETIiJG, f�tAY 20 1987 PAGE 7 Mr. Robinson stated the City already has so�e traffic counts, but along with the presentation to City Council, Staff could be better versed on the design and improvements to Osborne before the City Council meeting. Mr. Bureau stated maybe the Planning Commission should request that a study be done for putting a light at P1ain Street and Osborne. Something had to be done for the area, and he would be agreeable to helping pay assessments for the light. Mr. Harris stated the problem was that the intersection was too close to the ligi�ts on University and Osborne, and that the distance did not fall within the regulations of the tlinnesota Highway Dept. to be able to put a light there. But, he felt strongly that something had to be done as the traffic situation was only going to get worse. I-10TION by t�1r. Kondri ck, seconded by t�lr. Svanda, to close the publ i c heari ng. Upon a voice vote, all voting aye, Chairperson Billings declared the public i�earing closed at 8:29 p.m. Mr. Robinson stated he would also recommend that the follov�ing stipulations be added: • 17. All boulevard landscaping and irrigation be installed prior to the occupancy of the tirs� building. 18. Performance bond or letter of credit equal to 3� construction value be submitted prior to a building permit. Mr. Bureau stated he was in agreement with those stipulations also. t�l(lTIOPJ by Mr. Betzold, seconded by Mr. Saba, to recommend to City Council tiTe approval of Special Use Permit, SP #87-09, by Ken Bureau of Rosewood Properties, Inc., with the following stipulations: l. Developer to supply to City tenant type and building area calculations prior to each occupancy to r�onitor usage and parking supply. Parking need, by Code, not to exceed supply. 2. Provide at least one stall per 500 sq. ft. of building floor area to meet Code. All stalls to be ten feet wide, except handicapped to be twelve feet wide. 3. Developer to construct facades as illustrated on original elevations with recessed entries, brick corbelling over signage band and brick columns in front of entries as shown. 4. Grading plan to provide for berming, at least two feet above curb, along all rigi�t-of-ways, to screen parking. Provide revised plan by June 9, 1987. 5. Shrubbery to be planted at the top and street side of berms; add notation to landscape plan. 6. Refine landscape plan with additional shrubbery and increased shrub sizes by June 9, 1987. : PLANNI'�G CU��IItISSIOtJ MEETIt�G, �4AY 20, 1987 PIIGE 8 7. Provide five-eight foot high spruce trees on extreme southwest corner of site to screen loading area from Osborne Road; add to planting plan by June 9, 1987. 8. Provide detailed foundation planting plans �•�ith trees and shrubs to break up architectural mass by June 9, 1987. 9. All green areas to have automatic sprinkling. 1Q. All dur�psters to be located inside buildings or in enclosed masonry structure. 11. Provide for steel posts adjacent to loading doors to protect building. 12. All roof top equipment to be screened fror� view from right-of-ways. 13. Provide a cor�prehensive sign plan by June 9, 1987. 14. Provide evidence of St. Paul Water lJorks approval for all work in easement prior to Council approval. 15. Provide a conprehensive lighting plan by June 9, 1987. 16. �Jo overhead doors facing any right-of-ways. 17. Al1 boulevards, landscaping, and irrigation to be installed prior to the occupancy of the first building. 18. Perfo mance bond or letter of credit equal to 3o construction value be submitted prior to a building perr�it. Upon a voice vote, all voting aye, Chairperson Billings declared the motion carried unanimously. �tr. Robinson stated tl�e Special Use Permit could go to the City Council on June l, but since the City Council has to set a public hearinq for the plat on June 1, both the plat and the special use permit �rill go to the City Council on June 15; however, the plat v1i11 not be approved until the July 6, 1987 City Cuuncil r�eeting. Mr. Robinson stated the �lat was being done at the request of the City to clean up the legal descriptions and to convert the easements to right-of-way. The key element here was that the petitioner was not subdivi�Jing the land, just cleaning up the legal description. Therefore, the special use permit could be approved on June 15, 1987 prior to formal plat approval. t4r. Qureau stated he could build without the plat, so he v�as not �•rorried about that; but it was ir�portant to know if the special use permit was going to be approved before he could move ahead with the project. t•10TIO�J by �1r. Betzol d, seconded by Mr. Kondri ck , to recor�mend to i:i ty Counci 1 that the Special Use Permit, SP #87-09 be considered separately fror� the plat and that t1�e City Council consider approval or disapproval of the special use permit on its own merits at the June 15th City Council meeting. Upon a voice vote, all voting aye, Chairperson Billings declared the motion carried unanimously. PLANNING CO��(1ISSIOtJ MEETING, t1AY 20, 1987 PAGE 9 3. RECEIVE APRIL 28, 1987, E�•�EP,GY COMMISSION �1INUTES: MOTIOfJ by Mr. Saba, seconded by Mr. Betzold, to receive the April 28, 1987, Energy Commission minutes. Upon a voice vote,all voting aye, Chairperson Qillings declared the motion carried unanimously. 4. RECEIVE 11AY 4, 1987, PARY,S & RECREATIOPJ C0�1�4ISSION MINUTES_: �10TI0�� by �1r. Kondrick, seconded by t1r. Svanda, to receive the tlay 4, 1987, a�rT:s & Recreation Commission minutes. Upon a voice vote, all voting aye, Chairperson Billings declared the r�otion carried unanimously. 5. RECEIVE ItAY 12, 1987, APPEALS COi1t-1ISSIOt� MINJUTES: MOTION by �1r. Cetzold, seconded by t1r. Kondrick, to receive the t1ay 12, 1987, Appeals Co�mission minutes. Upon a voice vote, all voting aye, Chairperson Billings declared the motion carried unanimously 6. OTNER GUSI�JESS: � Ptr. Billings stated the next Planning Cor�mission meeting was June 3, but the second meeting ►•ias scheduled for June 17th which r�as the same night as the 49er's Day parade. He r�ould suggest they change the meeting from June 17 to June 24. MOTIO�J by Mr. Betzold, seconded by Ms. Sherek, to change the meetinn date from June 17th to June 24th. Upon a voice vote, all voting aye, Chairperson Billings declared the motion carried unanimously. ADJOUR��P�1EPJT: t40TI0(� by �1r. Qetzold, seconded by t�r. Saba, to adjourn the meeting. 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' / y� `� * '!!; ,f y' } � - r • � : r, ti � • � ., J� ��, ., � F. , . . / / � ; �, ' . . . 4 . • /� _ 'f•' � . � ` . , ' • O.ii.T�i r,� / � '' : + _, i..:-.u.6.ElC � �' � : � :. , , .,� , . . . � _ {q.�.eic 7 + p� , / / ' - ` � . `_ , . -.,. k� �, - � � . � . �` i� . t _ ' • . , �� .. ��. �y - ��..' . . �. � ,. � .. . •. �� _ . � - - � � � � � � � . � L: . ..t.. _ . . _ ��,ti _ . : ��.,_- � �;�--��.�� .:� �.�=��-�. .P�RELIMIN/d►RY� PLA±1' , � �:�� -��.. - .-..�- � ..: ; �: -� � _ _ '�� s. _. ., . "�,". _. . - . . - . . . .. _ __ . : CITY OF FRIDLEY APPEALS COt41ISSI0N MEETIrJG, APRIL 28, 1987 CALL TO ORUER: CViairperson�Qetzold called the April 2a, 1987, Appeals Co .�ssion meetinq to orcier at 7:3'L p.m. ROLL CALL: Menbers Present: Donald Betzold, Alex Barna Jerry Sherek, Diane Savage Kenneth Vos Mer�bers Absent: �Jone Otf�ers Present: Darrel C1 ark, ty of Fri dl ey James Dahl. 520 Rice Creek Road Richard anda, 1521 Woodside Court Chris d Kathie Pl�illips, 6240 Rice Creek Or. APPROVAL OF APRI�4, 1987, APPEALS COtit4ISSI0N ��INUTES: MO�"I0:7 BY i� BARNA� SECONDED BY 11R. SHEREK� TO APPROi�E THE APRIL Z4, 1987, APPEAZS MHISSIDN MINUTES AS WRITTEN. A VOICE VOTE, ALL VOTIP7G AYE, CHAIRPERSON BETZOLD DECLARED THF. l�OTION ED UNAIJIMOUSLY. ]. CONSIDERATI01� OF A VARIANCE RFQUEST, VAR #t87-13, BY J1�1ES DAHL, PURSUANT TO CNAPTER 205.Q7.1 6, 3 OF THE FRIDLEY CITY CODE TO INCREASE TfIE PIAXIMUM ALLOWABLE IIEIGIiT OF AP� ACCESSORY QUILDIt�G FROt1 14 FEET 7 1 FEET Y, t1IN n :fOTION BY .MR. BARNA, SECONDED BY DR. VOS, TO OPEN TKE PUBLIC H�ARIIJG. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE PUBLIC HEARING OPEN AT 7:39 P.M. Chairperson Qetzold read ti�e Adninistrative Staff Report: ADt�INISTRATIVE STAFF REPORT 1520 RICE CREEK ROAD N.E. VAR #87-13 � APPEALS CO�n1ISSI0t� �10ETIP,G, APRIL 28 1987 Pl�GE 2 A. PUQLIC PURPOSE SERVED (3Y REQUIREMEWT: Section 205.07.1, B, 3, requires that a maximum lieight for all accessory buildings not exceed 14 feet above grade. Q. STATED HARDSNIP: "The height should be 10 feet--high enough to drive van in and to store rrjy boat. The peak is for a new style design." C. ADt1IP�ISTRATIVE STAFF REVIEW: Not only does the petitioner want a high ceiling height, but he would like to match tl�e high pitch on his house. The addition also adds to the height of the garage. If the Appeals Cormiission approves this request, the Staff has no stipulations to suggest. t�1r. Clark shoa�ed an aerial photo of the property and the surrounding properties. There was an old garage which had been torn down, and the petitioner would like to build the new garage in approximately the same location in the southwest corner of the lot. He stated the height of the garage walls as proposed was 10 ft., and if the petitioner were to propose a 12/12 pitch, the height of the garage would be 23 ft. froM the peak to the floor. P�r. Clark stated the�neighbors do have a cancern about that high a garage next to their backyards. Ne stated there vrere a couple of ways the height could be lowered: (1) drop the pitch to a 6/12 which would make the ridge height 17 ft.; or ('L) drop the pitch to 5/12 which would r�ake the ridge height 16 ft. Mr. Clark stated that as the Appeals Corxnission members had probably noticed, there was quite a high elevation going fron Rice Creek Road up to where the garage was proposed. If the new slab of the garage was put into the qround about 1 ft. so the front of the garage would be 16-17 ft., but the other three sides would be buried about 1 ft., the 10 ft. wall height would be reduced by 1 ft. and they would be looking at a 9 ft. vertical wall with a 5/12 or 6/12 or 4/1'L pitched roof. Part of the additional height was because this was a 23 ft. wide garage. The wider the garage, the higl�er the ridge height. Mr. James Dahl stated this was a very nice neighborhood, and he would like to build a nice garage. Some of the nev�er houses in the area have higher pitched roofs, and he would like to matc�� up with some of the nev�er houses in the area which seer�ed to be the style. �4r. Clark stated a 6/12 pitch ►vas a pretty popular pitch. Mr. Dalil stated this was a 28 ft. wide garage. Witti a 14 ft. roaf height, the lo►�er the pitch. With tl�is wide a garage, he needed a higher pitch. A steeper roof was better to handle the weight of the snoa� in the wintertime and for snow renoval. But, mainly his reason for the height ti,�as for style. : APPEALS C0�1�1ISSION P1EETI�JG, APRIL 28 1937 PAGE 3 Mr. Betzold asked that if Nr. Dahl was required to build within tfie 14 ft. roof height limit, would he still be able to build his garage? f�r. Dal�l stated if he had to stay v�ithin the 14 ft. roof height, he would have to make the garage smaller and he needed the size to store his van and boat. Mr. Clark stated that with a 4/12 pitch on a 28 ft. wide garage and 10 ft. high walls, the lowest P4r. Dahl could go would be 15 ft. So, he either had to reduce the ►��idth of the garage or reduce the height of ttie wails. !1r. Barna stated that for good construction practices on a garage this wide, it was definitely better to have a higher pitch. Qut, as Mr. Clark had suggested, the petitioner could put part of the garage 1 ft. below grade. It wo�ald also be cheaper to do that. Dr. Vos asked why the petitioner was putting the garage on the highest point of his property in the southwest corner. tJhy not locate the garage on the southeast corner? Mr. Dahl stated his neighbor in the southeast corner has a low spot and already I�as drainage problems. Locating tt�e garage there would probably cause more drainage problems for his neighbor. ��r. Barna suggested that �tr. Dahl locate his garage on the radius (where the curve begins) of the present driveway. If the petitioner was going to build� such a nice-lookinq garage, }ie should put it where it can be seen from the road and enhance the house, not way back in the corner of the lot where no one can see it but the neighbors who do not want to. Mr. Svanda, 1521 Woodside Court, stated he lived in the house just due north of ttie proposed garage. To put this into perspective, fie had looked at his two- story Coionial-style house, and the east side of his house was about 25 ft. hi gh wf�i ch was only a few feet i�i gher than the hei ght proposed for thi s garac�e. Ptr. Svanda stated by putting tf�e garage where it was proposed, it would be about �23 ft. due north from his house which was 23 ft. due north of his living room, kitchen, family room, and one bedroom. P�r. Svanda stated he absol utely liad no probl em ►�i th P1r. Dahl putti ng up a garage. fle stated P4r. Dahl has been a good neighbor and has done a wonderful job in improving the lot. t1r. Oahl tore down the old garage which was on a dirt slab and was an eyesore. liowever, i�e stated he ��ould prefer to have the garage moved a little from where it was proposed, but he would not oppose it in the proposed Toca'tion. f�e wouid just prefer to have tl�e garage lower in height. Mr. Svanda stated that, as mentioned by �1r. Clark, one way of dealing with the i�eight problem ►vas to bury part of the garage about 1 ft, below grade and go with a 5/12 or 6/12 pitch. {�e stated his garage had a 4/12 pitch and was 26 ft. wide. He had not had a problem with s4�ow. Having the garage moved do►�m further as suggested by t1r. Barna and Dr. Vos would save the petitioner a little cost on putting in a long drive►vay. : • APPEALS COt1P�ISSIOP! �1EETIPlG, APRIL 23, 1987 P(lGE 4 Ms. Katl�ie Phillips, 6240 Rice Creek Drive, stated they live directly south of the Svanda's. They also have a problem with the height of the garage. They see the southwest corner of the garage from their dining room, porch, and kitct�en windows across the back of the Svanda's lot. It did not see that far away--maybe 35 ft. or so--from their house. The height as proposed would be offensive looking from their house. ��s. Phillips stated they would like to see the garage either the standard height (14 ft.) or moved somewhere else on the lot so the new garage would not be quite as close to their houses. �1s. Phillips stated she has been in real estate for 13 years and having a garage that high in the proposed location might cause a resale problem for the Svanda's. The Svanda's backyard was not very deep. Mr. Betzold stated that because of the concerns of the neighbors, this item would-I�ave to go on to City Council. He stated the petitioner had two options: (1) The Appeals Commission could table this item to give t1r. Dahl an opportunity to talk more with his neighbors and come up with an alternative plan, and the Commission would reschedule this hearing at a later date; or, (2) the Commission could proceed with their reccxnmendation, but it would have to go to the City Council for the City Council's consideration and final decision. i�1r. Dah1 stated he thought it r�ould be best to work things out so the neighbors were satisfied. � � Mr. Qarna stated that after looking at P1r. Dahl's I�ouse, he felt a chalet-style garage would look very nice near the house. He would recor,�nend P1r. Dahl locate it ►•ight wl�ere the driveway started to curve so it could be seen from Rice Creek {toad, It would also shorten the driveway by about 30%. t1r. Barna asked t'Ir. Svanda if he would object to the 21 ft. height if the gara�e was located closer to the house. ftr. Svanda stated it still seemed kind of high, but at that location the structure would i�ave to be built some�vhat into the ground because of the elevation so it �rould not be as high above grade. Mr. Clark stated he would be willing to come out ancl shoot the elevation in orcler to determine if the roof of the garage t•�ould be higher, lower, or the sane height as P1r. Svanda's house roof. M�'ION BY DR. VOS, SECONDED BY !!R. BARNA, TO CLOSE THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARF,D THE PUBLIC HE��RINC CLQSED AT 8:10 P.M. Dr. Vos stated that from tliis discussion, he felt it would be best to table this item in order to give the petitioner an opportunity to talk to his neighbors and come up with a better placement for the garage that would please botli tiie neighbors and �4r. Dahl. . . . APPEALS C0�1f4ISSI0�� tEETI��G, APRIL 28, 1987 PAGE 5 h1s. Savage stated she �vould like to have the hardship explained. 'tr. Qarna stated the harclship was the expanse of a lorter pitch and more strain on the garage walls with a 23 ft. vlide garage. The code really did not address a detached c�arage at this width. Qasically, the code addressed a r�axinum of 22 ft, in width with a normal 4/12 pitch. (-tr. Sherek stated if the garage was r��oved to the location nearer the house and the hardship ��as as stated by �1r. Barna, he �vould be in favor of a c��alet- style garage. lJith the existing terrain and the present style house, a chalet- style garage would be the best match. It appeared to hin that tlie location nearer tt�e house �vould be in the neighbors' best interest even with the full I�ei gl�t as proposed because i t would cause less of a problem as far as blocl:i nc� the view and being too close to the neighbors' houses. .�10�'IOII BY IdR. BAF2NA, SECONDED BY 11R. SHEREK, TO TABLE VARIANCE REQUEST, VAR #87-13, BY JAMES D.�flL UNTIL THE MAY 12, 1987, APPEALS COIf1fISSION MEETIIIG. UPOIJ A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED T11E MOTION CARRIED UNANIMOUSLY. ADJOUR(��1E�JT: ,�fOmIOP7 BY DR. VOS, SECONDED BY 19R. SHEREK, TO ADJOURN THE MEETING, UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE APRIL 28, 1987, APPF,AZS COl�I�ISSION MEETING ADJOURNED AT 8:15 P.ls. Respectfully subrni ted, , ; C ,, L^E—f/-�(..� Ly►�n aba Recording Secretary CITY OF FRIDLEY APPEALS -COMt�ISSIOf� �1EETING, P1AY 12, 1987 C/1LL TO ORDER: : � Chairperson E3e*zold called the t1ay 12, 1987, Appeals Corimission ne n� to order at 7:30 p.m. �OLL CALL: I�tenbers Present: Donald Qetzold, Alex Garna, Sue Sf� ek, Diane Savage, Y.enneth Vos �1enbers Absent: i�one Otl�ers Present: Uarrel Clark, City o Fridley Janes Uahl, 1520 ce Creek Rd. Ton and Sally stedt, 52U0 Lincoln St. i�.E. Steve Qilli s, 5215 Lincoln St. t�.E. t•1icl�ael an, 1501 Arvada Or., Richardson, Texas Rober i st�er, 565 Cheri Lane fJ. E. Ro and Doroti�y Brannon, 1622 Innsbruck Parkway APPROVAL OF �f2IL 2S, 1937, APPE/1LS COIt�tISSIOt� �tINUTES: IlUTI0i1 y(ir. �arna, seconded by Dr. Vos, to approve the April 28, 1937, Ap�� s Conmission minutes as written. Upun a voice vote, all voting aye, Chairperson Betzold declared tlie motion carried unanimously. 1. COt�TINUATION OF A VARIAtJCC REQUEST, VAR r87-13, BY JAIIES DAHL, PURSUA�IT T� CHAPTER 205.07.1 , 6, 3, OF Tf�E FRIDLEY CITY CODE TO I(�CREASE TIiE ►1/1:(It1U�1 ALLOtJAE3LE HEIGHT OF A!� ACCESSORY BUILDI'�G FR0;1 14 FEET TO 21 FEET AGOVE G(:ADE TO ALLOI�! TNE CO��STRUCTIOt� OF A DETACHED GARAGE, 01� PART �F LOT 10, AUDITOR'S SUQDIVISIOtJ #22, TNE SAF1E QEIt�G 1520 P.ICE CREEY, ROAD, FRI DLEY, ��1I��JESOTA, 55432. !tOTIO�J Cy Dr. Vos, seconded by �•1r. Sherek, to rer�ove VAR �37-13 fror� the �able. Upon a voice vote, all voting aye, Chairpersan Qetzold declared the r�otion carried unanir�ously. t10TI0!� by ttr. Barna, seconded by t1r. Sherel:, to reopen the public hearing . Upon a voice vote, all voting aye, Chairperson Getzold declared the public i�eari ng open at 7: 32 p.r�. � . . APPEALS CO�1F11SSIO�d MEETIP�G, F1AY 12, 1987 PAGE 2 Mr. Clark stated he believed the petitioner had met ►rith one of the concerned neighbors, �4r. Svanda. 7he other concerned neighbor did not attend that meeting. It was his understanding that Mr. Dahl and Mr. Svanda had reached an agreement; hoa�ever, t1r. Svanda could not be at this meeting. The agree- ment reached was to locate the garage in approximately the same location the petitioner originally �•�anted--in the southwest corner of the lot where the old garage had been. The height of the garage would be around 16 ft. That meant the garage walls r�ould be reduced from the top plate to the floor to 9 ft. ►�i ti� a roof pi tch of 5J 12. f1r. Dahl stated he had set up a meeting with his neighbors; however, one neighbor did not co�e. ?he neighbor directly south of the proposed garage said it would look better if the garage was a little shorter, because his _ house +�as only about 21 ft. high. They agreed to drop the height of the garage to around 16 ft. Fir. Dahl stated that at the last meeting, the Cormissianers had suc�gested he move tl�e garage to another location on the lot. The reason he had decided against that was he would have to put in another underground electrical line. Tklere a�as already an underground line to the old garage location, plus he would have to tear up t��e old drivet��ay. He had also decided not to go bela� grade because he would have to hire a cat to cor�e in and dig the hole. t4r. Betzold stated that at the last meeting, Ms. Savage had wanted the hard- ship described a little better. �1r. Dat�l stated he �•lanted a nice looking garage and a nice sized garac�e. He needed ti�e garage space for his van and other storage. 7he pitch of the roof for a 28 ft, x 26 ft. garage could be a lot lower, but construction-wise, it was best to have a steeper peak because of the weight of the snow in the Y�inter. P10TION by t4r. Barna, seconded by t1r. Sherek, to close the public hearing. Upen a voice vote, all voting aye, Chairperson Betzold declared the public hearing closed at 7:4U p.m. �•1s. Savage stated that tl�e variance being requested was nor� down to 16 ft., only 2 ft. higher than code, and the r�ost affected neighbor has agreed to that. Mr. Betzold stated that at the last meeting, �1r. E�t1rs. Phillips had objected to the height of the garage. For one reason or another, they were unable to attend the meeting set up by t1r. Dah]. He wondered if this constitutecf a neighbort�ood objection, in which case this would have to go to City Council for final approval. Mr. Barna stated he felt they would have to consider that a neighborhood objec- tion, even though the neighbor was not at this meeting either. They do not have anything in writing or verbally to indicate that this neighbor no lonc�er objected to the variance. � : APPEALS C011t�ISSION MEETIt�G, F1AY 12, 1987 _____ PAGE 3 �10TION by t4r. Barna, seconded by Mr. Sherek, to recor�mend to City Council approval of variance request, VAR #87-13, by James Dahl, pursuant to Chapter 205.07.1, B, 3, of the Fridley City Code to increase the r�aximum allowable height of an accessory building fror� 14 feet to 16 feet (above grade) to allov� the construction of a detached garage, on part of Lot 10, Auditor's Subdivision #22, the same being 1520 Rice Creek Road N.E., Fri dl ey , ��li nnesota 55432. Upon a voice vote, all voting aye, Chairperson Qetzold declared the motion carrit�d unanimously. �1r. Betzold stated this item �vould go to City Council on June 1. 2. CU�JSI:,�^;'1TI0�� OF A VARIA(�CE REQUEST, VAR �37-14, QY THOt1AS RYSTEDT, PURS � CHi+PTER 205.07.03, D, 1, �F THE fRI� EY CI�Y CODE, TO REDUCE TNE FR0�1 YAI��) FE Y. .t., FK1ULtY. f11f�fVtJUTA 554L1. �E S N MUTIO�J by P1s. Savage, seconded by Mr. Barna, to open the publ� hearing. Upon a voice vote, all voting aye, Chairperson Betzold de ared the public hearing open at 7:45 P.t�1. Chairperson Qetzold read the Administrative Staff R�¢ort: AD�tINISTRATIVE STAFF REPOR 5200 LINCOL�d STREET P�.� VAR #87-14 A. PUaLIC PURPOSE SERVEU QY REQUIREt•tENj� Section 205.07.03. D, 1, requir� a front yard setback of not less than 35 feet. / The public purpose served y this requirement is to allor� for off-street parking without encroac ng on the public right-of-way and also for aestfietic considerati to reduce the building 'line of sight" encroach- ment into the neigh r's front yard. 6. STATED HARDSHIP "Existing g age is not capable of holding t��o cars. I have personal property ' need of storage. The existing driveway is to be replaced during nstruction; it will be replaced with concrete." C. AD�11.�ISTRATIUE STAFF REVIEW: �f this addition is constructed, it will not be in the line of sight from either of the two adjacent homes because of the curve in the street. s oo� � J ___ __ ____ ___ _ ____ � � • ,��tr . , ; .. . ^ls_ Y �_._ � � -- j- -- *- f) �� _ . �� r.� � y ;, �y� � �� I �6� � 1/ ?; //ld� ° �k,- �� , �t' /C; fy of F.�e� � ; , �) m 1" a- ; �Pv.�rr v, 1 C8' � 3 20 �� o (1� � rf�.�.: c , ``� 2-- �� k w o, .;t' vr-•o � d � � .tD ' r Ly /,Z ,�` (�� c� �� 9 � �� a �:�` : ,�. , '� �2'� ° (�) � p la� .j � :;; 6oi � A , "'B' �r' HARR/S PONL �� ', l e � 1'.4 . 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P�. .' �.�� -� , L4j� . � ..� � � ;g., � _ -r �er �,...+ a� a -aR �+1 , ..ef �� . rc . #. r � ,.r .. {�`' � t `� �"y�,, '�' .. ; �`. �� `�, #1�,t'��± �` ��'�'� �. `_i � .'+s4 � �� r� � A. . #: i�� `:'C i '� 'A' � � �tF. �'4,' �C`t .fi,. 'a � r,,,�",�,�r1f j �s_ .'� x � y' �y�,.'!�, PC�r �� .�^" �. � M' i ��•� ,f�q.�y�.d ��-Y.� � _ � � s� �;�,' �k��,�5yt _ �_toN. � �r: . o �� W�� .t = �� 4 � . .. ��; �4. � �� `�; �� +_ '� . �. ` .t, :, �►� *. : �` ,y ,I` I�'I s.ty '° ��`y _ � ;�p"n ,� , ..c� *` ?,,,* e, ,t'r r x m q.y .� ..,s.. �' , }, �` .«a s:: t' � x -!�$ A ' .. t ? . � .. . y>.. , ... _ _ '. . .� ., _ � �.. � ., . �_ > o �.. ," . : .. .a...a�� Yd�.<�I ;d.i. _ �r� ,u.:.,4-t,.. . '.,_... •'�w� �,#:i�..rr.. «_�-�.� �-�A'- .'�$.w.c�_.�._.y_,. �Ci;��* .� .J�k._..L.?A.+�� ..��r . . ��'.�air�a„ �� +�^'.,... .-, " r. r : AP4?EALS COPtMISSIO�I PIEETING t1AY 12 1987 PAGE 5 Ms. Savage stated she agreed with Mr. Barna. Certainly the spirit the code was being riet. Because of the shape of the curb, there was not ing to be any encroachment into the line of sight for the neighbors. s plan seemed to be very aesthetically pleasing, and she would have no jection to the variance as stated. Mr. Sherek stated he also did not object to t variance. The plan as�roposed seerned 1 i ke a good pl an. �4r. Betzold stated he agreed also. e size and shape of the lot were things that definitely could be taken ' o consideration. He would not be opposed to granting the variance be se of the uniqueness of the lot. MOTION by Or. Vos, s nded by Mr. Barna, to approve Variance Request, VAR �37-�14, by Thonas Rystedt ursuant to Chapter 205.07.03, D, 1, of the Fridley City Code to reduc e front yard setback from 35 feet to 25 feet to allow the expansion the existing garage on Lot 6, Block 2, tlarian Hills Addition, the sar�e b' g 5200 Lincoln Street, Fridley, hlinnesota, 55432. �n a voice vote, all voting aye, Chairperson Betzold declared the motion carried unanimously. 3. COf�SIDERATIOt� OF VARIANCE RE UESTS VAR #87-15 BY VOLU�tE SH�E CfIRPQRATIQ�J PURSUAf�T TO CHAPTER 21 .05.05, A, F H FRIDL Y CITY CODE 0 I�dCRE SE TNE I•1AXIP1UP1 ALLOWAQLE SIZE OF THE TW� IP�FORMATIOt�AL SIGNS FROt1 4 S'�UARE FEET TO 8 S UARE FEET EACH; AND, PURSUAP�T TO CHAPTER 214.05.05. 6 OF THE FRIDLEY rrTV rnnr Tn oGniir� Tu� ccTRnrK FR(1M R TN THF �RTVF!�1AY A�JD PROPERTY LIt�E FROt'I 10 FEET TO 5 FEET, TO ALLOW THE ERECTI�P� OF SAID ItJFORMATIOWAL SIGWS; �D, PURSUAP�T TO CNAPTER 214.11.02, E, OF THE FRIDLEY CITY CODE TO DECREASE Tf�E MIt�It1U�1 �ISTA�JCE FROPt At�Y PROPERTY LINE �R DRIVEI•JAY FROtt 10 FEET TO 5 FEET TO ALLOW THE 90 DEGREE AXIAL ROTATIOP� OF THE EXISTI��G FREE-STANDIP�G SIG�� TO ALLOL•J IT TO FACE 53RD AVEPJUE N.E. ON LOT 1 BLOCK 1, TAR6ET ADDITIOP�, NF SA�1E 6EItJG PAYLESS SHOESOURCE, �1099, 765 - 53RD AVENUE N.E., FRIDLEY, ��i��r�ESOTA 55421. P10TIOPJ by Mr. Barna, seconded by t1s. Savage, to open the public hearing. Upon a voice vote, all voting aye, Chairperson Qetzold declared the public hearing open at 8:00 p.�. Chairperson Betzold read the Administrative Staff Report: ADFII��ISTRATIVE STAFF REVIEW 765 - 53RD AVENUE P�. E. VAR #87-15 A. PUBLIC PURPOSE SERVED BY REQUIREFiENT: Section 214.05.05. A, allows a maximum size of 4 square feet in area for an informational sign. Public purpose served by this requirement is to control visual pollution and excessive use of signs in commercial areas. E=� APPEALS C0��1�1ISSIOtJ t1EE7ING, MAY 12 1987 PAGE 6 Section 214.05.05, B, requires that an informational sign be a r�inimum distance of ten feet from any property line or driveway. � Public purpose.served by this requirement is to maintain a higher degree of traffic visibility and control excessive use of signs in cor�mercial areas. Section 214.11.02, E, requires a free-standinq sign be a minimum distance of ten feet fron any property line or driveway. Public purpose served by this requirement is to r�aintain a higher degree of traffic visibility and control excessive use of signs in commercial areas. B. STATEO HAROSfiIP: "We have no direct access to our facility fror� 53rd Avenue and these signs will greatly facilitate ingress and egress to and fror� our park- ing area for our customers. Our only access to our facility is located to the east side of the parking area and approximately 90 feet north of the access drive to the shopping center proper from 53rd Avenue. This is causing sor�e confusion to customers seeking entry to this facility." C. AD�1I(�ISTRATIVE STAFF REVIEW: This property is located on 53rd Avenue, just west of Central Avenue, bei�ing Q Superette. The grade drops sharply behind Q Superette, making it difficult to see the Payless Shoe Store from Central Avenue. In addition, access to the Payless parking lot is not directly off 53rd, but rather is off a service drive that services Target, the Unite�i Store, the car wash, and Payless. ihe petitioners are seeking the above-mentioned sign variances in an attempt to increase their visibility and to better define their parking lot entrance. This property was granted variances for r�aximur� allowable sign height (from 25 feet to 35 feet above grade) and sign size(from 80 sq. ft. to 12� sq. ft.) for a free-standing sign in 1985. These variances were reapproved for Payless r�hen they moved onto the site last year. Mr. Clark stated the variances requested v�ere for ti�e rotation of the pylon sign to face 53rd Ave., to increase the size of inforr�ational signs (direc- tional signs) for ingress and egress, and to reJuce the setback fror� both the driveway and property line to allow the erection of these inforrnational signs. He stated he had talked to the petitioner about reducing the size of the informational signs, but the petitioner wanted to appear before the Appeals Co��mission to try to justify a hardship. � � APFEALS C0�111ISSI0�J t1EETING, h1AY 12, 1987 PAGE 7 �1r, tlichael t�alan stated it was very difficult for people coming off 53rd Ave. to find the entrance to their business. They feel the larger inforeia- tional sign will give the customers a better opportunity to see the entrance and have time to turn into the driveway. t1r. Qetzold asked the reason for putting "Payless" on the informational signs. i-tr, i1alan stated that was part of their corporate logo. ��s. Savage asked why the signs neecled to be increased from 4 sq. ft. to 8 sq. ft. ��r. Malan stated 8 sq. ft. was their standard sized sign, and they feel it ►�as the best practical size sign they can use and still have the custoner in the car being able to read tl�e logo. f1s. Savage stated Payless has a very large visible pylon sign that alrea�iy has the cor�pany logo on it. She stated she could see it a long way away when driving east on 53rd Ave. Since there was such a big sign already, she di�i not see tt�e need to put "Payless" on the informational signs. The informational signs were just to show people where to go "in" and "out". �1r. �•1alan stated part of the feedback they are getting fror► their customers was t��at tf�ey i�ave to drive by two or three tir:�es before they can find the rigiit �iriveway to Payless. I�Ir. �lalan stated they also want to turn the large pyTon sign so it is facing north and south in order to be visible to tlie traffic on Central Ave. The sign as it �vas now facing east and ►•�est did not do much good. Dr. Vos stated I�e agreed there was a terrible traffic pattern off 53rd,, and it was very difficult finding the entrance to Payless. Mr. Rod arannon, owner of the Solar Wash, stated he had no problem with the � ro�ation of the pylon sign. Ile did fiave socie concern regarding the informa- tional signs. He did not I�ave a probler� with an informational sign, but he di�i have a probler� with the fact that it was not just an informational sign, but it ►�as now becoming an advertising sign. It not only identified the "in" and "out" but also tl�e nar�e of the business. To his �;nowledge, this business has five different sources of signage advertisin� the business. He had a little problem with that. He felt there was adequate signage on that piece of property al ready. He woul d al so 1 i ke to kno�v the hei ght of ttie i r�forr�a- tion�l signs fror� the ground. Mr, t4alan stated the signs rrould be 2 ft. from the bottom to the top, and they would sit right on tlie ground. t4r. Brannon stated the height of his informational sign was 33 inches from bottor� to top (size - 13 inches by 28 inches - 2 1/4 sq. ft.). The top of the United Stores informational sign was 40 inches (size - 13 inches by 30 inci�es - just under 22 sq. ft.). These are informational signs used for ingress and egress and just say "in" and "out". : APPEALS COt1�•1ISSIOP� t4EETING ��1AY 12 1987 PAGE 8 Mr. Brannon stated it was a little difficult for him to address the location of the informational signs as he was not exactly sure where these signs would he located, but f�e was concerned that people's vision when cor.►ing out of the south exit from the car �rash �rould be obscured by the proposed informational sign on the north. He stated they already have some problem witt� tt�eir north exit where, if a car is lined up with the informational sign, it was sometimes difficult to see the oncoming traffic off 53rd Ave., and t��ey are even farther dorm tl�e street than Payless and ��ave more of a chance to see that traffic. t�r. Malan state�f that was one of the reasons they had purposely reduced the height of tiie informational signs so they would not conflict a�ith any otlier informational signs. htr. Brannon stated he was not really sure tliere was a need for t�io inforrna- tional siyns. He could see the need for an "in" sign, but since there was no other way to get out of the parking lot, he was not so sure there was a need for a sign to tell people how to get "out". I�r. Malan stated he did not disagree with t1r. Brannon. An "in" sign was probably all that was really necessary. P•1r. Brannon stated if the "out" sign on the north was eliminated, that Y��il�i help witi� visibility for people cor,iing out of i�is business. t1r. Sfierek stated t�e did not consider the company logo on an informational sign as advertising. At tl�at point, people are just looking for ti�e entrance to the store, and the name was not going to mal:e people decide to stop. t�1r. Barna stated that all that was needed was a directional sign showinq that this was tl�e entrance to the Payless store, vihether it v�as a conpany logo or just an internally lighted arro�•i or a sign that just saic! "in". He didn't see the need for a larger sign. Tt�e only reason for a sign was to define tf�e entrance to the driveway. He agreed with ��Ir. arannon that ar+other infor- mational sign on the north saying "out" was probably not necessary as there was only one way in and one way out. t1r. Clark stated he would read to the Commission the definition of an informational sign: "A sign giving information or directions to employees, visitors, or delivery vehicles and containing no advertising. An inforr�ational sign may display the name, address, or iden�ifying symbol of the business. Mr. Clark stated a sign saying Payless Shoe Source" with an arrov+ would be within the parameter of the definition of an informational sign. t4r. Robert Fisher stated he was a truck driver, and if he were to make a delivery to Payless, if he saw a sign that said "Payless" with an arror�, he would know that was where he was to turn. These kind of informational signs are very iroportant. Ms. Savage asked the petitioner what the hardship was for changing the direction of the large pylon sign. APPEALS C0�1�1ISSION t1EE?I�aG, �1AY 12, 1987 PA�E 9 � � l Mr. Malan stated he would like to pick up sorie business off Central Ave. by changing the direction of the large sign, but there was no real hardship. t4r. �1a1an stated the intent was to rotate only the "Payless" sign to north and south; however, the "Cost Cutters" sign would rer�ain facing east and west. MOTIOt� by t1r. Barna, seconded by �1s. Savage, to close the public hearing. Upon a voice vote, all voting aye, Chairperson Betzold declared the public i�earing closed at 8:40 p.m. ��r. E3arna stated he would be opposed to increasing the size of an informational sign from 4 sq. ft. to £3 sq. ft. as it was a driveway entry sign. Anything above 4 sq. ft. would be excessive for this type of informational si�n and was not really necessary. He did not see anything in the code that limited the nur�trer of inforr�ational signs, and he would have no objection to two legal signs being closer to the driveway or property line than 10 ft. The closer to the property line and ti�e closer to the drive:�ay, the easier it would be to deterrnine tliat these signs relate to thiS driveway. t1r. Sherek state� he was also opposed to an increase in size for the infor- mational signs. !�e did not think an informational sign witl�in the code size of 4 sq. ft. would cause a great hardship for the petitioner. It ��►as probably very adequate, even with both an arrow and the cor�pany name. t�1s. Savage stated she was definitely opposed to anything larger than Y�hat the code allowed. As to the placenent of the signs, she would be oppose�i to any variance unless it was s��own that the variance was really necessary. Dr. Vos stated he was also opposed to an 8 sq. ft. informational sign. He would be in favor of tt�o informational signs. All the rest of tiie businesses to the north have two inforr�ational signs, but they also have two ways of getting in and out of the businesses. This business only has one way in and one way out so this business was at a disadvantage to the other businesses. - He wou�d iike to see a good directional sign to help the traffic pattern. Mr. Betzold agreed. He was opposed to a larger informational sign. The question also arose as to whether they should even try to dictate whether these signs should be just directional (in and out) or leave them as inforr�a- tional signs. The code seemed to be rather vague on the definition at this point. Ms. Savage stated she agreed �rith �1r. Qetzold that the code seemed rather vague on informational signs versus directional signs. She would like to see that definition addressed and some more clarification. Mr. Barna stated he felt it was up to the petitioner as to whether he wanted an arrow ontiie sign or not. If the lot was laid out differently, and there was room, the petitioner could put up an advertising sign within code a�ith no . �,PPEALS C0�'�1ISSI0�1 t1EETING t�AY 12 1987 PAGE 10 variances, but the driveway set a restriction as far as the 10 ft. from a property line and the 10 ft. from a driveway. To stay within code, the petitioner could not have a sign at all on the north side of the driveway. Ne did not believe there was 10 ft, from the curb of the drive��ay to the property line. So, there had to be a variance if there was going to be a directional or infornational sign on the north side of the driveway. Mr. Clark stated maybe r►ore thought should be given to two signs--one saying "in" and one saying "out". Fror� a traffic perspective, was it.safer or more unsafe? ;1r. Barna stated maybe a traffic expert on staff should address that. The Cornmission could not really address the fact that there might or might not be a need for a sign on the north side of the driveway. If staff feels there is a need for a sign on the north side of the driveway, and they alla�� a sign on the north side of the driveway, they will have to grant a variance. Mr. Qetzold stated the Engineering Department might want to look at this between norr and the City Council meeting in order to give its input. I�OTIO'� by P1r. 3arna, seconded by �1s. Savage, to reconmend to Ci ty Co�mci 1 denial of variance request, VAR r87-15, by Volume Shoe Corporation, pursuant to Chapter 214.05.05. A, of the Fridley City Code to increase the maximum allowable size of two informational signs from 4 sq. ft. to 8 sq. ft. each, on Lot 1, alock l, Target Addition, the same being Payless Shoe Source �1099, 765 - 53rd Avenue P�.E., Fridley, Minnesota, 55421, Upon a voice vote, all voting aye, Chairperson Qetzold declared the motion carried unanimously. t10TI0*J by t1r. Barna, seconded by t1r. Sherek, that regardinc? variance request, VAR r87-15, by Volume Shoe Corporation, pursuant to Chapter 214.05.05, Q, of the Fridley City Code, (1) to recommend to City Council approval of reciucing the setback from the driveway and property line from 10 ft. to 5 ft. on the south side of the drive��ay; and (2) to give no recor�mendation to City Council because of insuff�c�ent informat�on to reduce the sc�tbacl: fror� ttie driveway and property line frori 10 ft. to 5 ft, on the north side of the driveway� on Lot l, Block 3, Target Addition, the same being Payless Shoe Source �1099, 765 - 53rd Avenue P�.E., Fridley, P1innesota, 55432. Upon a voice vote, all voting aye, Chairperson Qetzold declared the motion carrieci unanimously. MOTION by �•1s. Sa�lage, seconded by �4r. Barna, to recom�nend to City Council denial of variance request, VAR #87-15 by Volume Shoe Corporation, pursuant to Chapter 214.11.02, E, of the Fridley City Code to decrease the minimum distance from any property line or driveway from 10 ft. to 5 ft. to allor� the 90 degree axial rotation of the existing free-standing sign to alloa� it to face 53rd Ave. P�.E., on Lot 1, Block 1, Target Addition, the same being Payless Shoe Source �1099, 765 - 53rd Avenue tJ.E., Fridley, t1n., 55421. 8CC APPEALS C0�1(1ISSIO�J �1EETING, �•1AY 12, 1987 PAGE 11 Upon a voice vote, all voting aye, Chairperson Betzold declared the notion carried unanimously. Mr. Betzold stated this item would go to City Council on June 1. 4. CONSIDERATIOt� OF VARIANCE RE UESTS, VAR #87-16, BY ROBERT FISNER, PURSU T TO CFIAPTER 205.07.03, D, 1, OF Tf�E FRIDLEY CITY C DE (1 REDUCE THE RE IRED FRO�dT YARD SETaACI: FR011 35 FEET TO 16 FEET; At�D, PURSUA4�T TO CHAPTER 205.07.03 D, 2 b, OF THE FRIDLEY CITY CODE TO REDUCE THE SIDE Y�1 SETBACY, QETbJEE�� AI� ACCESSORY �UILDI�JG A�JD SIDE PROPERTY LIP�E FROP1 5 FEET 0 3.33 FEET T(1 ALLOW A�� ADDITION TO AN EXISTItJG GARAGE, OP� LOT 9, BLO 1,�1URDIX PARY. AUUITIOtJ, THE SA�•1E BEING 565 Cf�ERI LANE N.E., FRIDLEY, h1i . 5542]. MOTION by Dr. Vos, seconded by t•1r. 8arna, to open the publ'c hearing. Upon a voice vote, all voting aye, Chairperson Betzold eclared the public hearin� open at 9:00 p.m. Chairperson Betzold read the Administrative Staff eport: AD�IINISTRATIVE STAFF REPO 565 CNFRI LANE t�,E. VAR �87-16 A. PU[3LIC PuRPOSE SERVED E3Y REQUIREME��T• Section 205.07.03, D, l, requires a front yard with a depth of not less than 35 feet. Public purpose served by thi requirement is to provide adequate open space around residential s uctures for aesthetic and fire fighting purposes. Section 205.07.03, D, ,-b, requires a side yard of 5 feet between an attached accessory ilding or use and side property lines. Public purpose s ved by this requirement is to allo�r for off-street parking witliou encroaci�ing on the public right-of-way and also the aesth�etic con ideration of �he n2ighborhood to reduce the building "line of sight" e roachment into the neighbor's front yard. B. STATED H DSHIP: "I a. requesting a variance in order to put an addition on my existinq gar e. e need this garage because we have a new driver in the family and have ; added a third car. 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' ,:� ��fM k�♦�! 1� t„ � �'• �'f.�� !� fs rkr.('" s/'� � �:r�E.:.::�i t �1,�i,�i � ��r y�f �,'~- . rSl��x�" !% +�'� ♦ '+!� 1' '.,�� -.h �; �� 'I �i"i 1� t�, " t� � 5 ., � �� ; 1 _� ��'Y��`.+„'y��1��A'F''�ti} '� � . �g _ r�+"`�7 ' { .e.'� �, o� °-' �, '�'° �; � y � t� . , !' `4 . � ��r -' * � +ep�� - a� � �_.� �, �'t .�. �� +•. } ��1`§' I�i�}t � � #•� �, .F �..1 ,�,Y � �."��.� :� �� F , �.� a �w--, �,.. ,... � ��1F]�b�, �r�r�ae�O t . �! • _ : '�„�'�.�"�k� ..j�, . �}� � � �j �.r � � i? r� � `� �''� . ��+�;� , �t� .�` x`al'�`�°"'4t�',,�,.�r� ..I' �. � }P- , �� A -:. a y � �. , 1 � �4 �. . . ��it'fy�fA ;1� °� � ,;;. : �! `� �l `�kli�f;;t �'�.'' � �: �� ` -�y , ', ; •� 'a �1 ♦ 4��r �,f � '"'�� , * '• �— > �"i"a �' . _. ` 'a' F . . . . � . .. �` " `° � �} , / � '�,`! 1 �; � � �� F �g�r` � �... _,� : ;�.._ a�;�'�.. � �...�. � 1 � .� # sa` a. � :• , � . . � ��y� F`ti � ii. `i � � � : '' a ` ,�� , �` , '�''rC + j� � - ��y,,. iS; I :' � � JF� .. _ "! � �; ? �� .. �' F ^iV ,! �'� � r` � : �� . � � I : �t�� `� • � j i - w' � i '�.1� � 1 . � . � t � �= .1' ,�) �� s * _Y . � •' +1/? �j , . �� 1� j i �: � : f.J .a�= �� • � � ,�: �t+ t .�►-� �" ' .F ...... ,, � � i �' Mi.,.;� *` ,w �� -, c { i iij 'i� � � • � I'R � � � r'�� , .S. � E• 4 1 w _ 't ` '��.i� �fi. ' v �� '' � �'-- ♦ � � "� � t� ' � ' %��:.�: �','' i �, � _ �..._ � CiTYOF f R1 DL EY �: . FROM: I�1TE : DIRECTORATE OF PUBLIC WORK8 fV1EMORANDUM Nasim 4ureshi, City Manager John G. Flora, Public Works Director May 26 , 1987 SUBJECT: Burlington Northern Park �� o �� o0 0 ?.�� ^ �_ ��b �ws�-i�o A number of years ago, the City entered into a lease with Burlington Northern Railroad to utilize their vacant property west of Main Street for a City park. Due to the apparent population change and the development of neighborhood parks in this area, such as Sunmit and Plymouth Squares, the need for the Burlington Northern Park is no longer nevessary. At the Parks and Recreation Commission meeting of May 4, 1987► it was their recommendation that the lease be cancelled• Since all the equipment has been moved over the past three years, nothing remains and there are no demands for use of this area. If the Council ooncurs with the Parks and Recreation Commission, we can initiate action to terminate the lease with Burlington Northern Railroad lea9e. JGF/ts Attachments 8JJ PARKS P. RECREATION C0�1�4ISSION MEETING, MAY 4, 1987 _____ _ PAGE 8 Young stated that when the City provides funding for the FYSA or HAF-- ds that are not controlled by the City--these organizations have us��ally a s given the City a breakdown as to the number of participants, expenses, and r income. He would like to see the Northeast Chamber Orchestra and tlie ' ey City Band provide the Commission with the same type of inforrwtion. t10TI0P� by t1r. Young, seconded by iir, len, to request that bath the Jort�east Chanber Orchestra and the Fri City Band send the Parks & Recreation Cocinission a stater.ient showing the ber of participants, a financial report of their expenses during the yea and any other income tliey recei ve. � Upon a voice vote, all voting aye, Chairperson Kondrick declared motion carried unaninously. 3. OLU BUSI�JESS: a. Burlington t�orthern Park �tr. Kirk stated that about one year ago, Ralph Volkman had explained to the Cornmission that the City no longer used Burlington !lorthern Park, tt�at they I�ad pulled out all the playground equipment and had talked about the City breaking the lease which required a 90 day notice to Burlington Northern. Apparently, the lease was never broken, and in looking back at the minutes, a motion was never made by the Comnission to break the lease. Al1 that was said in the ninutes was that the Cornnission had no problem with the City breaking the lease. ln talking to Mr. Flora, he felt that in order for the City to break the lease, it was inportant that the Conmission make a motion to that effect. t•tOTIO�� by I:r. Young, seconded by Mr. Gargaro, to approve the breal:inq o�t�ie lease with Burlington tdorthern for the use of the land knam as Burlington tJorthern Park. Upon a voice vote, all voting aye, Chairperson Kondrick declared the motion carried unaninously. b. Update on Innsbruck Nature Center P1r. ''rk stated a considerable amount of work has been done in general clean-up removing the old boardwalk. The trails are not done, and originally wh e project was looked at, Mr. Flora had said that by fall that should a taken care of. They are still getting inquiries from the neighbors wonde ' when the trails will be completed. He stated that because of the vo of work that this time of year brinos in getting the athletic programs goi nd with maintenance in all the parks, the City is looking at the possibi ' of contracting out sor�e of the work in order for the park to be useable this summer. � c=;, .��. l. . J ' '�,:�r � ,� '� :�r � _ ,, — � ; 1 � � � � .. ... � � � i � ,, , ;� �, , � ,� �;, �� ,I y � � �i � � � � \ �) � 1 I i�� ^�_�—J ��l:L—J�.--,.— � �.,� .. sroo 1 ..._ ... ntf'lfr=1 r'" �' �0��• Nu� ,, , , !> .i . � , � s�oo __,��, ~ .... ; ; � ..: 1 �; . - ; i , +, . �C �R \ I I ! �-M.....�� e wt. ,/ � I I I c�«� / ' [ �... \ . •' i I � / 4 / f•...w.� I 1 � 1 II � 1 � :�.� ' � � � � • 1 .�...... �o�a�� , , �� ; �� ► • • � � . � � ( � ' ,� 1 1 � i � i r�o•[s� o•�.�� 1 I � � ' � � � i � � , � ' I � �I ;� — . --- -- - M \ \� \�\�� ..< <...... .. � . �' � , ,.\ \ ' ; �� . ^ � �� S > t; , � G�\. . .� \_� �' � �\ , � � U �• \ �� G� J .. 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CrS J�Fiter Oclve K Oiervel Pasd W� �2 :2utlrs SC. t� �2 Key+erdm Riv� fE E Qiase Islud Rond NE � tTe[i lare L CicGe NE ti"'� �rry C:rde !t � Q�eryl St. t8 B-1 Retry tr+� 1� � �� C-2 RsaE�ll St. PE 1W6 CIlVN1N id[IG li� �-� i aweL Placie NE E'� InfayKte SC.1E t (� � � t'-) l.,�e foi�� D[ive C�r+ue[ae Cirde tg D-J :tkesiti FtaC IS C.�+ee[oe Larc t� C-3 [.�becty Sc. hE 8-1,i Oxwec2A O.uve 1� c-� Wnmin Sc. IE ame war � o-n wcxe �e r.os�! n'� Cru cc�k M tE B-2 1� ;ar� fa[lo+ay !i 9� �' E-6 laigfeilur L. IS e-1� C[eek Pa[k W�e !� N-) Wc�a Lan � Giwn Paad NE � �.�„� Gtfve HE pr� Ooutt It � �.yc1C L+Y�e NF Dellroad Orfv� � �1 DDw[ SL. 1� JZ cnae �:,. au.eaL aa Y,ai.an s�. ,c c-�. c-.. Mun St. TE B-2. E'7. Easc H�vacian Pass ta H-6 Nara9old Mraoe � R-1. � dnice rtasd Pa � wr�Aall Se. K � aCeclln Ci�cle tII H'6 14cte[M�n Gisel� � Fmt Rive[ Pnd tt A-2. U� Mntterro[n �fve rt CrS� EL S!. t8 B-2 �p�By St. tL C-6. CeU�� F1y Ci[tl! PL �"1 11e�m""°°� QiW � Ely Sc. tE s-1. tr2 1leistet Posd tR E�rert Cau[ K �� y tarc !E llecwrY alve !L faic�+t tircle tg /►'1 Meyers Ave. tt Fai[morv+[ St. tE B�1 Misslsslppl Pl�a! ti Fe[ndnle Me. e6 � l4ufssiWi 5!• eE F'2 eillmo[e sc. t8 H-s, t-s Mis�issl{pi H+Y K o-� Fic�lde orive tt C-5 Iw�cot S�. tt rs� � � e-1 au..e+n .... wc �'� :rIMY st. M[ E� Moteh P�nbe pa�c tE No[th Tm�[uck Gatdene lwe. K fr5� Cr6 No[N In�cuck Rive t� �dms [r�e i Clrele K G�i MorN �lin �lrcle K GeN St. !E � No[N 1Y�Cet Ridge tt Glbc�lte[ Rosd NE I-) No[th G�cU tltailec R I-� qaton hre. 1E Giaeier lane t� �1 cl�noo� se. re o-2 Glen Cceek Rad !L �Z Q�k1eY St. � 9cive t�6 �oad St. tC p��y St. fTr�ile� R.) � �y� x� flteilec C N�Cqsnn hue. tt �5 Q+wds� wN f'halle� < xsc�amm accle rg �2 �„�,� sc. rs ttstheen Citcle t�E �S �[K p� tQ C'2. C. IYt11a11i �r � �,� p�p[/l! My � �yy.w ct. nE O+ettan Oclv� ti �Me[ PIK! � G[tlt !t �, Xela+e PlaQ K /�b2r PYi Nlc►aY St. !E y�ora Oclve tt � g1�Yp�y R1ve. CSt.. PLs �� a� IMre. K � iRc�Y sc. � � aescsa� �++Y K � N111aesi O[lve !C �S Pie[a St. !t f � Hillvird Rasd !6 �� Pilot Jare. !E � Naism Cirele ta p�n nK �e tE � xocism Oriw id i*)� �'� . � � � crnroF FRIDLEY PLANNING DfV1SI0N MEMORANDUM NEND �: Jock Robertson, Coaunmity Develognent Director I�MD FROM: Jim Robinson, Planning Coordinator J� I�I� II�1TE : May 27 , 1987 . RF�IRDING: Park Construction Rock Crusher On Deoember 20, 1982 the City Council approved a special �se permit, SP �82-12, to allaw rock crushing at the Park Construction site at 7900 Beech Stteet N.E. �is pennit which was originally allawed for one year was extended by Cowzcil on May 20, 1985 u�til March, 1987. Aco�rding to Park Construction only one crushing operation has occurred, in the winter of 1985, which lasted three days. The company questioned some neighbors after the crush and heard no oomplaints. A large aQnount of material is naw stockpiled and Park Construction would like an extension of the permit. The seoond crush is glanned for this winter. Should Council concur with the extension staff suggests the following stipulations be �nsidered: 1. 2. 3. 4. 5. 6. Special Use Permit SP #82-12 extended for a period of two years. Re- evaluation of the permit to be scheduled for the first regular meeting of the Council in May 1989 praviding there has been one crushing operation at that time. The City be allvwed to d�,unp their waste �ncrete material. at this site in Gity trucks, at no cost, credit allowance to be agreed upon, will be pravided to the City for the amount of waste ooncrete deposited. Park Construction to take the necessary steps to ensure the City and State noise, dust and ernironmental limits are not exceeded. The rock crusher, generators and stock piles to be located as far north and east on the property as possible. �e same standards regarding rtm-off be apglioed to this site, as applied in the Rice Creek Watershed area. Pravide additional landscaping by October 1987 on Beech Street and 81st Avenue including: a. Street trees 50 on oenter on Beech Street and west of curb cut on 81st Avenue. b. Six inches of woodchip mulch on existing shrubs and proposed trees. c. Plant vines four feet on oenter all along fence on "81st Avenue and Beedz Street. d. Gontinue slats in fenoe on 81st Avenue to Hickory Street and on jog in fenoe west of Hickory Street. JI.R/c�n I�-87-125 0 • • • 0000� � GONSTRUCTION C0. ■ COMMERCIAL AND 9 A `t` 6ENf�,��` INDUSTRIAL EXCAVATINCi �� ot ■ ROAD BUIL�ING ° s ■PILE ORIVING � ^ ■SEWER, WATER 'si S INSTAL�ATION .�f AMEA��*,• ■ BRIOGES ESTABLISHED ■ GO�F COURSES ■ SUB Oi V ISION AND 1916 LAND DEVELOPMENT ■ EQUIPMENT RENTAL ■ ENGINEERING AND DESIGN 7900 BEECH STREET N.E. • MINNEAPO�IS, MINNESOTA 55432 • TELEPHONE 786-9800 hiay 19th 1987 CITY OF FRIDLEY 6431 University Ave. N.E. Fridley, I`Iinnesota 55432 Attn: P1r. James L. Robinson Planning Coordinator Re: Special Use Permit # 82-12 to allow rock crushing Dear r1R. Robinson: This letter will confirm our meeting at your office this date on the rock crushing permit for Park Construction Company, We ask that the permit be extended for five years, under the same conditions as Items 2,3,4 and S of the permit dated I`fay 20th 1985. We had a crushing operation in the winter of 1985,1ow noise and no dust problems, in checking with the adjoining property owners we got no complaints. Sincerely, Par Construction Company " �...�. � � � . �_ rl A. Olson Safety Director - AN EQUAL OPPORTUNITY EMPLOYER - i . .�+�� - - �s� . .� � �, �' ^ , . .« � � r ,� i"� i'r .'�.. a . :�ri . ' .. .. �' j � � . . �" ., � ,� r��5�,�, r � . � . . f=. - �f,.� �.�' . p J � - } • � � . 'Y ,l . 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V`,^ \��A! �./ � 1,. � .. � /fi �� V_'� �� . . i . �. ` • � �� . •.. .. •, , � 1 � ., � . f "- .. ...'_".-.. .r ...� . 'f� ��..�il�.� .::..e.�f �.':,. .� �> �... y2 � f' ;� /ri! r `�� . ? �� ' ' I _ ... _ ^i r .. .�` 1 • \� .. �t" � ri�M�. 7 8 9 s�' � � �.�-� � , , � � ' '�F - �'.s�'� ; � . ,,,. s � � �' �,. . t ��, �' � i � � � �l l }i ,s'.'�s �:,� . ~ 1 � �+ M1�,: ��, . f ,i� Y� s+ � � �;° � '� �7.� '�1; .,,, � r�i•` � Q � , �s° ' �.4"�'.��%rl�'�i' ':a'�,�y�"""��' ��..r+ ,'Y�r..a�� !-�� Y � % C � � 9 • 1 �'� � �� )►�M• „��1?IY��. � ' �': � ' � c�urc� repre:�entatives and their technical people meet wit,i�( the City's encRneering staff to explore �osts of some alternatives. 8e felt there should then be a�ic�borhood meeting to discuss any alterr�itives. t+�r. l�rk Fbrenan, Assistar�t Pastor cf Woodcrest Bapti� �urch, stated it has been over a year sinoe they have been dealing w this problen. He stated it eeens the more they wait, t�e less likely�anything wi11 be done f cr thei r peopl e and thei r diurch. He stated the,Cwo nei ghbor i ng proper ty awners have some lecptimate reasons for mt wan ng the building, hvaever, there aze some 150 fanilies that have the ne�now. He questioned what �uld be s�lved b� waiting two more weeks and felt the meeting with the neic,�bors won't a000mplish a whole lot. He��stated the d�urcfi has sacrified mcanney, time, saeat, and tears beceuse theX�waitec3 so long, and another two weeks will devastate t�ei.r people. He,stated they have aut the size � the building and naw the pcohlen o� the sewer line arises. He questioned wh�• the reic�bors mulch't o�ompranise wi� arother 20 feet. Ms. �berhard stated they have �ee�►�n their hane 17 years and take pride in it. She stated they are peopl too so cbn't tell her about tears. Mr. Eberhard stated Mr. Fbrenan w 't here when they first ne9otiated with the churc}� regarding this mnstr ion and other tfiings have r�w ame into play. He felt perha�s he r�ould come a little more sensitive to the neighbors and a 1 ittl e mor e�nc3er st�ndi ng of the pr obl en. I�r . C�nl ogson stated Q�i.ncilman Barnette sta meeti ng shoul d be e1 d. was in acgeenent with Mr. Fberhard's amnents. ted he felt t�ere was roam for coinp�cmise and that a IrpTICN b� O��ncYlman Barnette to ta41e this iten to J�ne 3. 1985 and direct staff to work with the dlurch's engineers to hopef ully oome up with some alternative� Semnded b� O��ncilman Goocispeed. O��a�►cilm�riGoodspeed stated he would like an evaluation o�f the risks and the env i ror�cental impa c�.. UPCN�14 VOICE VOI'E Z�►i�NN QI �IE 1�BOJE I�DTD�I, all voted aye, and Mayor Nee dec,�a�red the motion carried �a�animously. 8. �� : IYt. Flora, Puhlic Works IIirector, stated Park Constructon obtaired a spec�al use permit in 1982 tao install a rock crusher m a p�rtion of �eir property in order to reqrcle �ed �ncrete. Ae stated an extension was c�ven in 1983 on this permit until 1984. Mr. Flora stated, this gast winter, Park �nstructioc� czashed the material they had stockpiled. P�r. Flora stated a extend this special time to aoc�rnulate rodc cr�sher. request has been reoeived f rom Park Construction to use permit �ntil Marc� of 1987 in order to allow then s�ficient q�ntities o� material and again operate the -12- 0 9C 9. �� I� M V� �l �+. � � V': � � •�'� NDTION by Councilman Fitzpatrick to grant an extension of special use � perinit, SP #82-12 �mtil March, 1987. Seconded by Councilman Goodspeed. � Upon a voioe vote, all voting aye, Mayor Nee declared the motion carried i ta�animously . '� '�IV TTS U RA TO t O A JOIIv'�' PChS'�R� �GR�E �F1tim'. PTTi�('N CARD 13AT TI�I' �IINTII9G � Irman, (1ty Qerk, stated the Council has discussed the p�tential of fo cities going together to purchase equipnent for voting and counting bal l s, and th er ef or e, thi s j oi nt paw er s agr eement i s ne oessa ry . I�. stated they are in the prooess of developing specifications and t,he �tm would have to take action to apprwe the costs. He stated thi s procgam is ticipated to have a four to five year Fayback• He also stated this system uld have the advantages of being able to report election results faster d to reduoe the aana�mt o� time head judges are required to stay in the oo� ' ng oenter. 10. 11. M)TIC�I b,� 0��►cilm�oodspeed to authorize the City to enter into this joint powers acgeen . Seoonded by Councilman Barnette. Upon a voice vote, all voting aye, \I�yor Nee c3eclared the motion carried �animouslY• M7TION b� Q�uncilman Barnette to � Gouncilman Fitzpatrick. Upon a decla�red the motion carried tu�ani.m� Resolution No. 49-1985. Seoonded by ce vote, al l voti ng ay e, May or Ne e �I�I b�, p��.u�cilman Fitzpatrick to adopt Resolut�i,on No. 50-1985. Seconded b� (b�cilman Goodspeed. Upon a voice vote, al�, voting aye, Mayor Nee declared the motion carried u�animously. � ; a: � , � � � � � • ' : /V, � ; ��. M. �►: = �,i�t��+ � ; � : � � 1� � �� ; M, ': 1�i?+�! • l�� .'�I4: : � �►/?� • ' � �M : �1 � =.� �t� : ; u.' : )� • ► ; : � ]I• ' � � . l9..� ; ��. 4. �.�. �! J • � • : � �+: �� : : .'.� . : �.� • ;�� NY , :M�� :. : �u��\+ « - -• . . 111 111 • •- ••i- - _ - • - • • • " • •• • -• - - •• • • •� - - • � • v: •i - - • .� - • - •� • t• • - - -• - •� M - • - • - • • . . � � -��• - •-• -13- . � , =�� , -, � :: x � . .y� r � . � -r�r -�:,�.,.. ' �v �,�� ,�:: .,4" 9E CITY OF FRI�LEY 8131 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA 55132 TELEPHONE ( 6/2)571-3150 CI7Y COUNCIL �anuary 11, 1983 Carl 0 son Park Construction Company 7900 Beech Street N.E. Fridley, Mn 55432 ACTION TAKEN NOTICE On December 20, 1982 , the Fridley City Council officially approved your request for rusher to reclain with the stipulations liste be ow: concrete 1. Special Use Permit, SP #82-12 granted only for the period-from March l, 1983 to February 28, 1984, and re-evaluate the permit at the first�regular meeting of the Council in March, 1984, providing there has been one crush�ng operation at that time. 2. The City be allowed to dump their waste concrete material at this site at no cost with credit. 3. Park Construction take the necessary steps to ensure the City and State noise, dust and environmental limits are not exceeded. 4. The rock crusher, generators and stock piles be located as far north and east on the property as possible. 5. The same standards regarding run-off be applied to this site, as applied in the Rice Creek Watershed area. If you have any questions regarding the above action, please call the CorrIInunity Developr�ent Office at 571-3450. JLB/de Sincerely, � i ; ; �/ � j �� , �-- ,� � ��.1� JERROLD L. BOARDMAN City Planner Please review the noted stipulations, sign the statement below, and return one copy to the City of Fridley. Concur with action taken. � � CtTY OF FRIDLEY I+g',M� �: PLANNING DIVISION MEMORANDUM Nasim Qureshi, City Manager Jock Roberts�n, Co�unulity Developnent Director r�t� FROM: Jim Rflbinson, Planning Cflordinator �,�. r�rro n��: May 28, 1987 REGARDING; Rice Creek Business Center Comprehensive Sic� Plan In oonj�mction with Coumcil approval of Winfield's comprehensive sign plan for the Rice Creek Business Center, staft recommends the following stipulations: 1. Acrylic sic� bands (plaques) should be placed to provide uniformity by placing bands on burnished block oontintaous between brick piers. 2. All sic�age should be plaoed on the burnished hlock h�nd- 3. Appraval of p�lon sic� is �ntingent upon appraval of a setback variance for distance less than 10 teet f ram University Avenue right-of-way. 4. All overhead ci�ors, man c�oors, utility pipes and utility boxes on west facade should be painted a tan wlor to soften visual im�act. 5. Provide seven foot high chain link fencing with tan tubular vinyl screening slats in tront of each of the three sets of utility meters on west side of building. . 6. Additional landscaping should be pravided on west side of building (south of driveway) to screen loading dock area, by providing: a) five additional 6 foot high spruoe trees b) fourte�n additional 36 inch cbgwood shrubs. JR/ litn M-87-123 0 1 RICE CREEK BUSINESS CENTER 7155 University Ave No. Fridley, Minnesota SIGN CRITERIA 1. Tenant signage shall be 15" Helvetica dimensional letters, ., injection moulded acrylic. Color shall be white._ �,,��,yj�� Signage shall 2" framing of sides. be mounted on 1/4 inch thick bronze plasti�� with triange relief around the perimeter of all four 2. Letters shall state the name of the business only. The letters will be mounted 56" above the bottem of the brick line to the bottem of the letters. The letters are to �e centered within the tenants frontage, but in no case may the message extend closer than 18" from either side of the tenants frontage. All signage shall be one line only. 3. Individually neon illuminated letters of the same size and style and color may be considered upon special request. 4. 5. Suite / address numbers shall be 4" in size, centered on the entry door as per Carpet Design Center Suite 11. Rear identification shall be with 6" letters, 1/8th inch thick plastic, the same color as the front identity signs. These letters shall be mounted above the loading dock doors. Rear entry doors may have vinyl letters only fvr any message. 6. Front entry doors may also have vinyl letters in addition to, or in lieu of the 15" letters above the tenant space. 7. Scaled drawings of proposed signage must be submitted to Winfield and approved prior to construction of signage. The Fridley Building Inspector has been instructed to issue sign permits only when the application is accompanied by a signed approved drawing from Winfield. 8. To assist tenants in preparing scaled drawings, the landlord has retained a sign consultant. He is Richard Walsh 561 Third Street, Excelsior, Mn 55331 Tel 474-6943. He will also assist tenants in obtaining acceptable signage. � r� � � ,� 1 r �� . � -Q u O x- --- �� --_ �� - --�--- � �J � � :4 O � � ��S ��, " � ��s�� s� - � �R �- O X - �- . _ � _:-- -- . �-.-- - �. -�-- a _�_ � � =o� � � _o� _- �,' o �ei �� --_ O �r� � F � �.a/ "._ _.�_ _ �i1 ,4 _ ___ x ' „�_ _ ' A �C- - ------- A � a �� t .. _ -�-� . _..__ .. _ _, a� o_ _ �--__� _--f x .�:_ �o __; A 1 O � 1 � � '�; � � Z aK -',-- i ;��=� _ i �� +C Q ��= i �I � -� �,=�, A i � I� � i c. � �►- � ��r a_ _ � �- '� X -: ;�. . I � �._� . 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I =►� .� I � - � , l � I __ � � . i I � � s i _ � � o I -� -- - _, �� _-= s • � I I �� I�� I 1 _-i�,� � -_ � � � �� - - ! � �I � _ -� 1[�1� O a � w w � � � a U v O O �� (�.. i � � cinroF FRl DLEY PLANNING DIVISION MEMORANDUM I�?+p Tp: Jim Iiobins�n, Planting Coordinator � F�tCM: Daiyl l+brey, Planning Assist.a� '�v� !� DATE: l�ay 27, 1987 �ING: Ca�rehensive Sic� Pla� for the Dave Bartis Builciin9 at 250 Co�erce Q.rcle South The Planning staff has v�mpleted its review of the comprehensive sign plan for Dave Harris' building located at 250 Cattu��eroe Circle South. Staff feels that the sign plan will provide quality, attractive wall signage. The individual tenant sicyzs will oonsist of gold lettering mounted on a brick wall band. N}-87-124 1 1, slcci cxi�rLxin 1 1 A - . 1'arkview 250 Commerce .Circle Soutfi � Fridlep� Mn Intrv�luction 1'i�is criteria sliall establisl� tl�e exterior sign prvgram for tlic LenanLs of Parkview. 25U Commerce Circle South. rridley, Minuesol-a. llescribed H1CI11t1 ore tl�e individual varistions allowed in teiia�it signage wl�icl� will yreserve .tl�e Lasic u�iiformity of tl�e sign package �n�l sys�em proposed. SpecificnLi�ns vL Si�;n SvsCem All builcling identification,�(except proposed grouiid sign) a�Jress n�mbers and Lenant's signs sl�all �e restricted Lo individual non-illuu►ivaleJ llelvetica injection wolded letters/uumbers Nitl� a gold maLte metalic tinish anJ s�ud au�l pad n►ounting. • 1) Ilii i id i�if� I�Iciiti ticuLiot►: li�cliviclu�l Nun-Illuniinated LeCters-tdall (2) Sets oF (18") indivi�lual non-illuminated Ilelvetica (upper c�se) injection wolded letters with gold matCe meCalic fiuisli slud a��cl pad mounted wiCl� u(;") cleur<�nce off of tlie brick wall surface. (1) Set for Che east w�ll-soulh en�t of building (1) Set for tt�e suutli wall-east et�d of buildirig 11 ) 11u i 1Ji i�}; F. lnclivldu�l ISay AJres.> P�umbcrs: Item 1: Indivi�lual Nu��-Illu�ni.nateJ Nun�l�ers-�Jall (1) Sel- of (lF3") iuJivi�lual non-illuminaled 1[elveticu � (upper c�se) injec�ion moldeJ numbers wit-1� gold.m�Cle rueCalic Liutsl► stu�l aud pacl mounted with a(;") clearai►ce off of tLe �rick wull surface. (1) seC for tl�e �iortli wall-east end of buildiiig ICem Z: Te�iauC (Indivi�lual� A�ldress Numbers (8) Sets of (G") icidivi�ual non-i1luu�inateJ llelvetic� (upper case) iujection wolded t�umbers witl�'gold niaCle metalic fii�isli stud anJ pad mounteJ with n(;") clearance ofi ot tlie (2' ) vertical La�id above ttie respective ei�trauces and archways. � . III) I:xterior Tenant SiQua�;e: �ach tenaut/address (IIay) uumber at Parkview will be alloweJ exCerior identification •witli copy restricted to tl�e tenaiit's proper name, major product or service offered. Copy will Le restricLeJ to (12") inJividual non-illuminated lielvetica (upper case/lower case con►biciations will�be alloxed) injection molded letters or �iumbers witti gold matte metalic finish stud and pad mouuted� witti a (;") clearai�ce off surface. Identification copy and/or corporste logos, emblems or s!►ie�ls1 B � sl�all be limited to ttie (2' ) vertical (brick band) tt�at circles � . buildiug above ,the window line. and shall be centered over tl�eir respective areas. • ' . Any type of signage'other tlian that specified by tl►is sib�i criteria stiall be prol�ibited. Variances or deviations from this ctiteria must be approveJ by botli tlie buildi�ig owner and tl�e City of Fridley. See attacl�ed drawings siid layout for specific locatioiis. . � , �. . ' . .' , �2) ., ... . � -�. ,-. (`��, � : AL� LFv 'u P.E � i�E�v[•`, a S�'1lE IN3i:�►J �( M�L�i� w�-� ��J t�►��i �a��. Mc�auc r�.,�s�� fk.;• � � �a�.�' Itl��:.•.•:� I M.:-�,,,,.- St.J i r:.,: w�tN ��d�) I Clr�.,,<< oF: �.cK (,1S« N.oc � C�l S�.s G�') INUryiQ�� n,r��..�d�1Qi � �, , a� , 11C ____.�_r__ ------- i /� :'� -_ � . • . ' } • �LMMEdt[ Sic�t ��Tfit� LaYwc • � • ` G�.c �. \ . .. T(---� � � �: ,1 � . . . :..�� t�i+�v w' � " ' . d5G l�,>erolACE C�i�E �k�ae�t P1a cc�" T�.,„�,� �;�:..: N�R�t..s (s) SF,� _'-- � ��a . • � �a�� . . . � � � O w �so � a Lf�Tt'vS �. }�r G)XT Ui ) I � i I (i) S�� Nti[ '14 T�� T� St � ' Iao�v�oo�t T1.w•Itl,r•, Mrtro � CoPY : YARi�VIF1N . • - 1�vmecas . . _ _ � �Y � a o . � - 7cvwc�IT J��.N.c TEwNiWT_ EPi AaAk�,� i4,�ta�;.� T Q LtTZ�w__ � --�_ � jlWcvi�r i C9,1vro•�:�� ' na,ci �.�,e� `Tj_"�'"_ ; ---- � -- l..r I I[r�.rt �Rnt/ rNtIV.V�[�N ��i�Y='�'t�.U�c45 C�v k�.i AQ��e.:.3F�r ��,:keos4:�._ _ __--_.�_.�..�_.---�..�.,a._.,,........_.._�. _. -..._ _.,_r ---- w , � . �d�...:`.�--':,;,y�L=:;��.�. .,�.-_.. . . _. .. ..- �->�.- . ......_ _. . �cvr�oN No. - �e� RESCGtTPION AiI�IQtIZIl� SIiGNING AN AGREEMENT FOR CERTAIN FMPLLdXEE'S REPRE.SEN'i'ED BY LOCAL N0. 49, AF'L-CIO (P[TBLIC WG�tRS) FOR 1987-1989 WHEREAS, International Union of Operating Engireers Local l�i�. 49, AFL-CIO, as barcpining represeritative for oertain Public Works employees of the City of FricIley, has preserited to the City of FYidley various requests relating to tYae working �nditions of enplqrees of the Public Works De�ariment of the C�ty of Fric�ey; and WHEREAS, the City of FricIley has presented to the desic}�ated representatives of Local 49 various requests relating to working conditions, of enployees of the Publ ic wor ks DeFa r tment of the City of Ft icIl ey ; and W�'.AS, representatives of the Union and the City have met and negotiated regardi.ng the requests of the Union and the Ci.ty; and W�, agreenerit has naw been reached between representatives of the two �arties on the prop�sed changes to the existing agreenent between the City and the Union; NGW, 7iiF�tEI�RE, BE IT RFSCLVID tr� the City of Fric�ey that such agreement is heretr� ratified and that the P�yor and the City Manager are herebii authorized to sign the attached Agreenent including Appendix A and Appendix B relating to working conditions of enployees of the City of Fridley Public Works De Fe r trnertt. P�1SSID AND ADOPI'ED BY `i4iE QTY Q�UNQL OF 'IIiE QTY OF FRIA,EY 'IIiIB �__ �1Y OF --------- ► 1987 . ATTEST: 3�iIRLEY A. HAAA�1i�1 - CITY CLERR --------------------- WII�LIAM J. NEE - NF��cOR 12 ' 12A : : • �� a� a� s - • � �a QTY OF FRIII�EY AAID INTERNATIONAL i�N � OPERATII� II�INF.ERS LOQ�L ND. 4 9 AFL-CIO ARTICLE I. FURPOSE OF AGREENEI� Zhis AGREF.�NT is erYtered into between the QTY OF FRIIGEY, hereinafter called the EMPLOYER, and the Local No. 49, International Union of Operating Engineers, AFL-CIO, hereinafter called the t1N�DN. It is the intent and purpose of the PGREII�ENT to: 1.1 Establish oertain hours, wages and other aonditions of enF].ayment; 1.2 Establish procedures for the resolution of disputes oonoerning this AGRE�IT' S iriterFxetation and/or application; and 1.3 S�eci.fy the full and v�mplete understanding of the Farties; and 1.4 Plaoe in written form the �arties' agreemer►t upon terms and ac�nditions of enployment for the duration of this AGREEN�NT. The EMPLOYER and the UNIDN, through this AGREENENT, a�ntinue their dedication to the highest quality of public servive. Both �erties reo�gnize this AGREEI�NT as a pl edge of thi s dedi cation. ARTI�E II. R�O�GNI�ION �e EN�LO�R reaoc�izes the UNION as the eaocl�ive representative for all job classifications listed belaw whpse enplc�yment servive e�oceeds the lesser of 14 hours per week or 35 peroent af the mrmal work week and more than 100 work days per year, excluding supervisory, a�nfideritial and all ather englcyyees: Mairitenanve III Special ist Nhintenanoe II Maintenanoe I ARTICLE III. ilNION SEQJRITY In reaocg�ition of the UNION as the exclusive representative, the EMPLOYER shall: 3.1 Deduct each Fayroll period an aaQnnoint sufficierit to provide the gayment of dues established by the UNION fram the wages of all employees authoriz ing in writing such c3eduction, and 3.2 Remit such deduction to the approFriate desic�ated offioer of the UDTTON. 1 12B 3.3 �he UNIDN may desic�ate oertain emplayees f rom the bargaining unit to act as stewarcls and shall inform the EN�LOYER in writing of such dZOioe. 3.4 Zhe UNIDN agrees to indemnify and hold the EN�LOYER harmless against any and all claims, suits, orc3ers, or juck,�nents brought or issued against the QTY tmder the �wisions of this Article. ARTIQ,E IV. Et�LO�R SEQIRITY The UNION agrees that during th enoourage, particiFate in or interruption of or interferenae ARTIQ,E V. ENlPLO�R AD'�3CTtITY e life of this AGREEN�NT it will not cause, support any strike, slow-down or other with the normal flnctions of the EMPLO�R 5.1 Zhe EMPLOYER retains the full and unrestricted right to operate and manage all manpower, facilities, and equignent; to establish functions and prograns; to set and aQnend budgets; to determine the utilization of technoloc�; to establish and modify the organizational structure; to select, direct, and determine the nunber of personnel; to establish work schedules, and to perform any inherent managerial function not specifically limited tr� this AGREENENT. 5.2 Any term and oondition of enployment not specifically established or modified b� this AGREENENT shall renain s�lely within the c�scretion of the EMFLOYER to modify, establish, or eliminate. ARTICI,E VI. FMPLOYEE RIGI�'I5 - GRg.'VAN� PROCEIXJRE . � �� • • •_�«a A grievance is def ined as a dispute or disagreement as to the iriterpretation or application of the specific terms and conditions of th i s A�G REENENT. • � � ' � y �: + Zhe EMPLOYER will rea�cg�ize REPRESFNTATIVES desic�ated by the UNZON as the grievanoe represeritatives of the barc�ining unit hav ing the duties and responsibilities established by this Article. �e UNION shall notify the EMPLOYER in writing of the names of such UNION REPRFSENTATIVES and of their sucoessors when so c3esic�atred. . •.� � • � � ��i��..« It is reoocy�ized and acoepted by the UNION and the EMPLOYER that the proc�essing of grievanoes as hereinafter pravided is limited by the job duties and responsibilities of the EMPLOYEES and shall therefore be acoomplished during normal w�orking hours only when a�nsistent with such EN�I.�O�E duties and responsibilities. The aggrieved EMPLOYEE and the UNION REPRESII�ITATIVE shall be allawed a reasonable amount of time without loss in �ay when a grievanoe is investigated and presented to the EMPLOYER during normal w�orking hours pravided that the Er'�LOYEE and the UN�ON REPRESII9TATIVE have rz�tif ied and reoeived the ap�xaval of the 2 desic��ated supervisor who has determir�ed that such absenoe is reas�natal 1 2� and would not be detrimental to the work prograns of the ENIPI,OYER 6.4 �MxEDURE Grievanoes, as defined tr� Section 6.1, shall be resolved in oonformanoe with the follaaing prooedure: te An EMP'LOYEE claiming a violation ooncerning the interpretation or application of this AGREEN�NT shall, within twenty-one (21) calendar days after such alleged violation has occurred, Fresent such grievanoe to the EMPLOYEE' S supervisor as designated by the EMPLOYER. The E.�'�L,OYER-desic�ated representative will di scuss and give an answer to such Step 1 grievanoe within ten (10) calendar days after receipt. A grievanae not res�lved in Step 1 and appealed to Step 2 shall be plaoed in writing setting forth the r�ature of the grievanoe, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, and the renedy requested and shall be appealed to Step 2 within ten (10) calendar days after the EMPLOYER-designated represeritative' s f inal answer in Step 1. Any grievanoe rnt appeal ed i n w riti ng to Step 2 by the UNION within te n(10 ) ca 1 enc3a r day s shal l be oonsi der ed waived. Ste If appealed, the written grievanoe shall be Fresented by the UNION and discussed with the EMPLOYER-designated Step 2 representative. The FMPLOYER-desig�ated representative shall give the UNION the EMPLOYER` 5 Step 2 answer in writing within ten (10) calendar chys after receipt of such Step 2 grievanoe. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the ENg�OYER-desic�ated represeritative's final Step 2 an9wer. Ariy grievanoe rot appealed in writing to Step 3 by the UNInN within ten (10) calendar days shall be mnsidered waived. Ste� 3• If appealed, the written grievanoe shall be preserited by the UNION and discussed with the EMPLOYER-designated Step 3 representative. The EMPL,OYER-desic�ated representative shall give the UNION the EMPLOYER' S answer in writing within ten (10) calendar days after receipt of such Step 3 grievanoe. A grievanoe rot resolved in Step 3 may be appealed to Step 4 within ten (10) calendar chys follaaing the EMPLOYER-designated representative' s f inal answer in Step 3. Any grievanoe mt appealed in writing to Step 4 by the UNTON within ten (10) calendar days shall be wnsidered waived. S�ep 4 • A grievanoe unresolved in Step 3 and appealed in Step 4 shall be sutmitted to the Minnesota Bureau o£ Mediation Services. A grie�vance not resolved in Step 4 may be appealed to Step 5 within ten (10) calendar days follawing the EMPLOYER' S final answer in Step 4. Any grievanc�e n�t appealecl in writing to Step 5 kyy the UN�DN within ten (10) calendar chys shall be oc>nsidered waived. 3 12D Step 5. A grievance unresolved in Step 4 and appealed in Step 5 shall be submitted to arbitration subj ect to the provisions of the Publ ic F]nplayment Labor Relations Act of 1971, as amenc3ed. �e selection of an arbitrator shall be made in acoordanoe with the "Rules Governing the Arbitration of Grievanaes" as established by the Public Employment R�el.ations Board. • _�'• ��• ��• �r A. The arbitrator shall have no right to amend, modify, nul l ify, ignore, add to, or subtract frcm the terms and conditions of this AiGREEI�NT. 2'tze arbitrator shall oonsider and decide only the specif ic issue (s) subnitted in writing by the EMPLOYER and the UN�ON, and shall have m authority to make a decision on any other issue rot so sutmitted. & 7he arbitrator shall be without power to make decisions �ritrary to, or incansistent with, or modifying or varying in any way the ap�l.ication of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be suhnitted in writing within thirty (30) days follawing the close of the hearing or the sutrnission of briefs by the parties, whichever be later, �nless the Farties agree to an extension. The decision shall be binding on both the F�IPLO�R and the UND�N and shall be based solely on the arbitrator's interpretation or application of the express terms of this AiGREENENT and to the facts of the grievanoe �esented. C. 7he fees and expenses for the arbitrator's servioes and proceedings shall be borre equally by the EMFLOYER and the UNION provided that each party shall be responsible for compensating its own reFresentatives and witnesses. If either Ferty desires a verbatim rec�rd of the Froaeedings, it may cause such a reoord to be made, praviding it �ys for the reoord. If both �erties desire a verbatim rec�rd of the prooeedings, the aost shall be shared equally. • • .1� �! ' If a grievanae is not presented within the time limits set forth above, it shall be oonsidered "waived". If a grievanoe is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be oonsidered settled on the Lasis of the EMPLOYER' S last answer. If the II�LOYER cbes not answer a grievance or an appeal thereof within the specified time limits, the UIV�N may elect to treat the grievanae as denied at that step and immediately appeal the grievanoe to the r�ext step. �he time limit in each step may be extended tr� mutual agreenent of the Er�I,O�R and the UNIDN. • �,� M • ' �lyl�� If, as a result of the EMPLOYER response in Step 4, the grievance reqnains �mresolved, and if the grievance involves the suspension, danotion, or discharqe of an eqnployee who has oompleted the required probationary period, the grievanoe may be appealed to Sbep 5 of Article Vi or a proaedure such as: Civil Servioe, Veteran's Preferenoe, or Fair 4 Efiplaymerrt. If appealed to any provedure other than Step 5 of Article 1 2 E N, the grievance is not subject to the arbitration procedure as �avided in Step 5 of Article VI. Zhe aggri�ved englayee shall indicate in writing which FroQedure is to be utilized {Step 5 of Article VI or another appeal �xooedure) and shall sic� a state�nent to the effect that the dzoioe of any ather hearing precludes the aggrieved employee from making a subsequerit appeal through Step 5 of Article VI. ARTIQ�E VII. LFFII�TITIONS 7.1 �IN�QN Zhe International Union of Operating Engineers, �Loc:al I�b. 49, AFL-CIO. 7.2 EMPIAYER Zhe individual miniciFality designated by this AGREII�NT. ��l • �! M1= ' A member of the International Union of Operating Engineers, Local 49, AFL-CIO. �� A menber af the e�oclusively reooc�ized bargaining unit. � .. ! i. �he E7mployee's hourly pay rate exclusive of longevity or any other special allawanoe. • � • • 4�. Length of aontinu�us servioe in any af the job classif ications oovered t� ARTIQ,E II - REODGNITION. Dnplayees who are promoted f rom a j ob classification covered by this AGREEMENT and return to a job classification a�vered by this AGREEN�NT shall have their seniority calculated on their length of service ulder this AGREF,NENT for purposes of �ranotion, transfer and lay off and total length of servioe with the FMH,OYER for other benef it �der this AGREE�ENT. ��, « l�ymerit made to an enployee upon hororalal.e bermination of enployment. �� •. ,�! Work performed at the express authorization of the EMH,OYER in excess of either eight (8) hours within a twenty-four (24) hour period (except fo� shift changes) or more than forty (40) hours within a seven (7) day period. � 12F 7.9 CALL BAQC Return of an emgloyee to a specified work site to perform assigned duties at the express authorization of the EN�L�OYER at a time ather than an assic�ed shift. An extension of � early report to an assicaned shift is not a call back. ARTICZE VIII. SAVIl�S Q,AIJSE 7fiis AGREE�ENT is subject to the laws of the United States, the State of Minnesota and the sic�ed miniciFality. In the e�vent any provision of this AGREEN�NT shall be held to be c�ontrary to law by a court of competent j urisdiction fran whoae f iraal j udc�nent or decree rio appeal has been taken within the time provided, such provisions shall be voided. All other prwisions of this AiGREENENT sfiall vontinue in full force and effect. �e voided pravision may be rer�ecptiated at the request of either �arty. ARTIQ,E IX. WCfftK S�iEQJLES 9.1 Zhe sole authority in work schedules is the EMPLOYER. Z'he normal work day for an employee shall be eight (8) hours. The normal work week shal l be f or ty ( 40 ) hour s Nbnclay th rouc� Friday. 9.2 Serviae to the public may require the establishment of regular shifts for some enployees on a daily, weekly, seasonal, or annual basis other than the normal 8:00-4:30 day. �e Et�,OYER will give seven (7) days advanoe notive to the enplayees affected by the establ ishment of work days differe� £ran the enployee's r�rmal eic�t (8) hour work day. 9.3 In the everit that work is required because of �nusual circwnstanoes such as (but not limited to) fire, flood, snow, sleet, or breakdown of mtnici�sl equipnent or facilities, na advanoe rntioe ryeed be given. It is not required that an emptoyee working other than the riormal workday be scheduled to work more than the eight (8) hours; hawever, each enplayee has an otalicption to work overtime or call backs if requested unless u7usual circ�anstanoes Frevent the enplayee fran s4 working. 9.4 Serv ioe to the publ ic may req ui re the esta bl i shment of regul ar wor k weeks that schedule work on Saturdays and/or S�mdays. ARTIdE X. OVII2TINE H�Y 10.1 Hours worked in e�ocess of eic�t (8) hours within a twerity-four (24) hour period (e�acept for shift changes) or more than forty (40) hours within a seven (7) day period will be a�mpensated for at ore and one-half (1-],/2) times the enpla�ee's regular base �ay rate. 10.2 Overtime will be distributed as equally as Fracticable. 10.3 Overtime re�Eused tr� enplayees will for re�ord purposes under ARTICZE 10.2 be wnsidered as �nFaid overtime worked. 10.4 For the purpose of oomputing overtime oompensation, overtime hours worked shall rot be g�ranided, o�mp��ded, or paid twice for the same hours worked. 6 12G ARTIdE XI. Q�LL BACR An emplayee called in for work at a time other than the enployee' s normal scheduled shift will be wmpensated for a minimun of two (2) hours' Fay at one and or�e-hal f(1-1/2) times the enplayee' s base pay rate. ARTIQ,E XII. I.F�AL TEFENSE 12.1 gnplayees involved in litigation because of neqligence, ic�oranoe of laws, r�orr-observance of laws, or as a result of enployee j udc�nental decision may rot reoeive lec�al defense tr� the m�nicipality. 12.2 Any enployee who is charged with a traffic violation, ordinance violation or c�iminal offense arising from acts performed within the soope o� the enplayee's enployment, when such act is performed in good faith and �mder direct orc3er of the enployee's supervis�r, shall be reimbursed for reasonable attorney's fees and court �sts actually incurred b� such enplayee in defending against such charge. ARTIQ.E XIII. RIGHT OF SUB�AC� Nothing in this A�GREENENT shall prohibit or restrict the right of the EMH,OXER fran subcor�tracting work performed tr� enplvyees mvered b� this AGREENENT. ARTIQ,E X1V. DISQPLINE Zhe EMH�OYER wi11 disciplirye enployees only for just cause. ARTIdE XV. SIIJIDRl'i'Y 15.1 Seniority will be the cietennirung criterion for transfers, promotions and lay-offs only when all job-relevarit qualification factors are equal. 15.2 Seniority will be the determining criterion for recall when the jotrrelevam qualification factors are equal. Rewll ric�ts under this prwision wi11 ooritinue for twenty-four (24) months after lay off. Recalled enplayees shall have ten (10) working days after notification of recall tr,� registered mail at the employee' s last known address to rep�rt to work or £orfeit all recall ric�ts. ARTIdE XVI. PRCBATmN�RY PERmD6 16.1 All newly hired or rehired employees will serve a six (6) months' proL�tionary period. 16.2 All enplayee's will serve a six (6) months' Frobationary period in ariy job classification in whicii the enployee has not served a probationary period. 16.3 At any time ci�ring the psobationary period, a newly hired or rehired emglayee may be terminated at the sole discretion of the EMPLOYER 16.4 At any time ciiring the probationary period, a promoted or reassigned employee may be demoted or reassigned to the enployee's previous position at the sole discretion of the EM�LOYER. 7 ARTIQ�E XVII. SAFETY The EMPLOYER and the tTNIDN agree to jointly Frcmate safe and healthful working canditions, to moperate in safety matters and to enoourage enplayees to work in a safe manner. ARTICLE XVII. JCB EDSTIl� 18.1 Zhe El�L,OYER and the UND�N agree �at permar�nt job vacancies within the c3esic�ated bargaining unit shall be filled based on the oonaept of pranotion from within pravided that applica�s: 18.11 have the reoessary qualifications to meet the standards of the job vacanc.y; and 18.12 have the ability to perform the duties and responsibilities of the j ob vacanc.y. 18.2 F7mplayees filling a hic�er job class based on the provisions of this ARTIdE shall be sukrject to the a�nditions of ARTIQ,E XVI (PROBATIONARY PERIOD) . 18.3 The EMPLOYER has the right of final decision in the selection of englayees to fill p�sted jobs based on qualifications, abilities and experienae. 18.4 Job vacancies within the desic�ated bargaining unit will , be posted for five (5) w�orking days so that members of the bargaining unit can be wnsidered for suc�► vacancies. ARTIdE XIX. INSTJRAN(E 19.1 Zhe FMH,O�R will �ntribute up to a maximun of one htndred seventy-five cbllars ($175.00) per month per enployee for group health and life insuranoe including dependent oc>verage for wlendar 1985. 19.2 Zhe subject of insuranoe(s) will be open for negotiations beginning with the 1988 and 1989 �r�tracr years. 19.3 By mutual agreenerit enplayees may use fifteen d�llars ($15.00) per month per enployee of hmlth insurance dollars in 19.1 and 19.2 for dental insuranve for all tnit enplayees. 19.4 Efiplayees not cfioosing c3ependent ooverage canmt be a�vered at EMPLOYER expense for any additional insuranoe than the individual group health and group 1 ife insuranoe. Additional 1 ife insuranoe can be purchased by enployees at the enployee's expense to the extent allowed under the EN�PLOYER' S group pol icy. 19.5 Individual enplayees may provide for an increased ENI�LOYER �ntribution for insuranves over that �nount stipulated by 19.1, 19.2 and I9.3 by lowering their salary from the rates stipulated in APFENDIX A to prwide for an increased EMPLOYER oontribution whicr► will fully pay for the enployee's health, life and dental insurance including dependent a�verage. 8 12H 1,21 ARTIQ.�E XX. SCDPE OF AGREII�H�ITS No addenchnn to this NF�.STER AGREFd�ENT can be in ooriflict with this N�SZER PGREII�NT. ARTIQ�E XXI. Y�IVFR �tland all prior agreenerits, res�lutions, practioes, policies, rules and regulations rec�rding terms and conditions of employment, to the extent inoonsisterit with the Fravisions of this AGREEMENT, are hereby superseded. 22.2 �he Farties m�ually acknowledge that during the negotiations which resulted in this AGREEI�ENT, each had the �mlimited right and opportinity to make de�nancls and prop�sals with respect to any term or c�ondition of anplayment not rgnoved tyy law from bargaining. All agreeqnents and understandings arrived at tr� the �arties are set forth in writing in this AaGREEN�NT for the stipulated duration of this AGREEi�NT. The ENi�LOYER and the UND�N each voluntarily and unqualifiedly waives the ric�t to meet and negotiate regarding any and all terms and conc7itions of enplc�yment referred to or �vered in this AaGREF1►�NT or with respect to any term or cnndition of enplq�ment mt specifically referred to or wvered b� this AGREE�£NT, even though such terms or a�nclitions may not have been within the l�awledge or a�ntemplation of either or b�th of the Farties at the time this o�ntract was neg�tiated or e�aecuted. ARTIQ,E XXII. T�JRAT�ki Zhis AGREENENT shall be effective as of January 1, 1987 and shall ranain in full foroe and effect imtil the 31st chy af De�►nber, 1989, except that either �arty may reopen for regotiations for calendar 1988 and calendar 1989, the wage rates in APPENDIX A and the amo�mt of insuranoe to be shown in article 19.2. Il�I WI'INFSS WF�tDOF, the parties hereto have executed this AGREEI►�NT on thiS ---- �y °f -�.�.----- � 1987 . 9 EC')R �IE 1�E7ROPOLITAN AREA N�iN�1GII�NT ASSOQAT�1 i1KAl�l) S/Geral d G__ S�al. irrter_��'w_�__ E�R �E 1NZERNATIDNAL ON1DN OF OPERATII� FI�IGII�S, IDQ�L I�. 49, AFL-CIO: S/Fred Dereschuk Busiress Manager $�Jahn J. Laclu�e r Pr esi c'� rtt S/John M. Schoweller $/Tim R Cbnnors Reoording Secretary Busir�ess Representative $/Walter i. Nielsen Busiryess Re�eseritative F�R �IE QTY OF FRILLEY S/Wil l ian J,_ Nee,- Mayor--------- S,lNasim M. Qureshi, C�t�_Manac�er, 10 1,2 J ...� , � w�Fs A. Zhe follawing wage srhedule will be in effect from the first payroll period in 1987 throuc� the last �ayroll period in 1989: N�INZEIJAN� III . . . . . . . . . . . . . . . . $ 12.60 per hour SPEQALIST. . . . . . . . . . . . . . . . . . 12.35 per hour MAIN'iFNAN� II . . . . . . . . . . . . . . . . 12.10 per hour I�Il�I'iENANCE I . . . . . . . . . . . . . . . . 8.72 per hour B. All rew enployees hired after F�ebruary 7, 1984 may be classified at the sole discretion of the individual cities �vered by this AGREEN�NT as b'�►Il�]'IENANCE I and reoeive Working Out of Qassification pay as provided by Section C of this APPENDIX. G WORKING QJT OF CZASSIFT�TD�N �,Y C-1. Dnglayees required }x the EI+�LO�R and who are adjudged by the EMPLOYER to be qualified to operate the follaaing items of equipnent will be Faid the N4�Il�]'IEIVANCE III rate of Fay for those hours assic�ed to the �nit: (Heavy equipnerit items are those listed in the LOCAL ADDENDUM to this N4�18 ZER PG REENENT. ) C-2. Employees hired after February 7, 1984 in the MAINTENANCE I classif ication who are requi red blr the EMPLOYER and whp are adj udged by the EMFLO�YER to be qualified to operate the following items of equipnent will be Faid the I�IlV't'�21A1vCE II rate of �ay for those hours assigned to the init: Backhoe - LARder 15' Faeach Blacktop Paver Bobcat - Banbardier or N� Trackless Boan Tr uck Bocm �Yuck - 30' and Over Brush Chipper C�nent Mi�oer Chip 5preader/Se1�Propelled Crawler Tractor - Ltider 50 H. P. Laader - 1 Yd. or Nbre , . . cb: Oil Distributor F�int Striper - Truck Mpunted Rollers (steel and rubber) Over 6 Zbn Rollers - 6 Zbn and Over Sewer Qeaner, Hydraulic and Vacu�an SteaQn Boiler Tandem s Tree S�ade 11 12! K 1;2 L Trucks - 10 Zbn, 4 WD Trucks - Single-Axle Over 24,000 (�VW Arry vehicle requiring a State of Minnesota "Qass B" Operators Lioense C-3. Finployees as�.igied by the E1�LOYER to Utility Operator will be paid the wage rate of the job classifi�tion to which the enplayee is assic�ed. 12 1 2 ti� APPII3DIX B 7A RESCLUI'IDN N0. - 1987 �t�:�.�f: � � � � I! �1� This supplanentary agreenent is entered into between the City of Fridl ey and the Iriternatior�al Union of Operating Engineers, Local Nb. 49, AFL-CIO, for the period beginning J�nuary 1, 1987 and terminating on Deoember 31, 1989. Nothing in this sup�leaentary agree�aerit may be in wr�flict with any provision of the N4�SZER AGREII�IT between i�MA, the City of FricIley, and I. 0. 0. E. , Local I�b. 49, AFirCIO. In the event of o�nflict the 1�.S�R AGRE�]T will pcevail. LOQ�L I,AB�2 PGREEI�EI�1T BEiWEFN �E QTY OF FRILLEY AND IN'�I�IATmNAL UN�N OF OPERATING FNGINEERS LOQ�I. N0. 4 9 AFirCIO (JANUARY 1, 1987, TO TE�1�BIIt 31, 1989) ARTICLE A. LF.FINITIDNS 1. STANIBY P�iY: Compensation for standing by at the (�ty's request, or being available for work on days that are rormally oonsidered to be employee's day of f . ARTIQ,E B. �IIJAL LEAVE 1. Each engloyee shall be entitled to annual leave away fran enplvyment with pay. Annual leave may be used for scfieduled or energency absences from snglayment. Annual leave pay shall be o�mputed at the regular rate of Fey to whirh such an employee is entitled; prwided, hawever, that the amount of any compensation shall be reduoed by ariy payment reoeived by the englayee fran workers' oompensation insuranae, Public Ehiployees Retirenent Association disability insuranoe, or Social Secvrity disbility insuranae. An emgloyee's accu�nulation of annual leave will be reduced only by the amouu�t of annual leave for which the enplayee reoeives mmpensation. 2. Seniority shall apply on scheduled annual leave up to May lst of each year. After May lst, scfieduled annual leave shall be on a first oome, first served basis. 13 3. A beginning esnplayee shall accrue annual leave at the rate of eighteen (18) days per year for the first seven (7) years (84 sucoessive months) . An emplayee who has worked seven (7) years (84 successive months) shall accrue annual leave at the rate of twenty-four (24) days per year, beginning with the eic�ty-fifth (85th) ironth of sucoessive emplaymerit. An esnplayee who has worked fifteen (15) years (180 sucoessive months) shall . accrue annual leave at the rate of twenty-six (26) days per year, beginning with the one h�dred eic�ty-first (lSlst) month of oonsecutive enplaymerit. 'Ihese rates are hased on a forty (40) hour regular work week. Zhe actual amoi.nt credited to an anplayee in any given Fay period shall be �xorated acoording to the actual ntanber of regular hours worked during that Fay period Hours worked on overtime, �llback, or stanc�y shall rot enter into the calcvlation of i-he accrual of annual leave. 4. Fbr an enployee hired on or a�ter July 1, 1983: The ma�dmun tatal acc�mulation of annual leave at the end of any given year shall be thirty (30) days. Once a year, at a time desic�ated by the City, an employee who has completed seven (7) years of service with the City will have the opport�ity to e�achange up to three (3) days of acc�at►ulated annual leave for cash. At the same time, an emglvyee who has oompleted f if teen (15) years of serviae with the City will have the opporttmity to ex+change up to 5 days of accu[nulated annual leave for cash. 5. Fbr an esnplayee hired before July l, 1983: Vacation accrued but unused as of June 30, 1983 shall be converted to annual l�ve at the rate of ore (1) day of annual leave for one (1) day of vacation. Accrued but unused sick leave as of June 30, 1983 shall be annverted to annual la�ve acoording to the follawing schec3ule: a. lst 45 days @ 1 day of ann�l leave for 1 day of sick leave b. 2nd 45 days @ 1 day of annual leave for 2 days of sick leave c. Rsnainder @ 1 day of anntal leave for 3 clays of sick leave In lieu of severanoe Fay, or�e hour of annual leave shall be credited for each full month of enployment up to a maximun of two hundred forty (240) hour s. �he total anotnt of annual leave credited to the enplqree's balance as of July 1, 1983 shall be equal to accrued but i.a7used vacation pl� the aQno�nt in 1 ieu of severanoe �ay. If upon �nversion to the annual leave plan an emplayee's acc�m►ulation of annual leave exceeds thirty (30) days, that amount shall be the maxim�n total acaanulation (cap) for that enplcyee at the end of any subseqexent yea r. Onae a year, at a time desicfiated tr� the City, an enployee will have the op�rt�iLy to e�ochange up to five (5) days of accumulated annual leave f or ca sh. 14 12! N In addition, onae a year at a time desic�ated by the City, an employee 1� O with an acc�anulation of ann�sl leave in excess of thirty (30) clays wi11 have the opport�nity to ex�change up to five (5) days of ann�sal leave for cash. S�.ich an e�hange shall reduoe the ma�am�m total acc�nulation (cap) of an emplayee b� an equal amo�t. 6. Up�n se�aration fran englayment with the City, an employee will be paid ore (1) day's salary for each day af accrued ann+al leave renaining in the enpl ayee' s bal anoe. ARTIdE C. �QtT �RM DISAB]LITY 1. �ch englayee wYa has sucoessfully o�mpleted the enployee's probatianary period shall be eligible for short term disability benefit. Such an emglayee shall be entitled to full �y commencing on the twenty-first (2J.st) oonsecutive working day on whidi the enployee is absent due to a �t►ysiciarr-oertified illness or injury, whether on or off the job, and continuing until the engloyee returns to work atale to carry out the full dutiies and responsi.bilities of the enplvyee's position or through the one h�nc�ed and tenth (110th) w�rking day of absenae, whidzever occurs first; prw ided, hawever, that the amo�mt af any �mpensation shall be reduaed tr� any �aymer� reoeived by the disabled enplayee fran workers' oompensation insuranoe, Publ ic Ffiplvyees Reti renent Association di sabil ity insuranoe, or Social Security disability insuranve. Fgyment of short term clisability ber�fit tr� the City to an engloyee shall not exceed ninety (90) working days for any single illness or injury, regardless of the nianber and sFscing of episodes. �he annual leave talance of an employee reoeiving short term disabil ity benef its shall not be reduced, nor shall such enplayee accrue anrnsl leave ciuring that period. 2. Before any short term disabil ity payments are made by the City to an emplayee, the City may request and is entitled to receive f rom any employee who has been absent more than twenty (20) working days in sucoession a aertificate sigzed tr� a aompeterit �ysician or other medical attendant oertifying to the fact that the entire aksenoe was, in fact, c�e to the illr�ess or irrjury and not otherwise. The City also reserves the ric�it to have an e�mination made at any time of ar�y enployee claiming payment �nder the short term di.sability benefit. S�.ich e�mmination may be made on behalf of the City by any a�mpetent pers�n desic�aatsd tr� the City when the City deens the same to be reasonably necessary to verify the illness or inj ury clai.med. 3. If an emplayee hired before July 1, 1983 has reoeived payments �der the injury-orr-duty pravisions of �revious a�tltracts, the n�unber of days for whic� �ayment was reveived will be declucted f rom the n�mnber of day s of el igibil ity for mverage �cier short term disabil ity for that same inj ury. ARTICLE D. STANTSY PAY AND MINIMIM QILLBACR E�OR STANI:BY EA'�L07�ES 1. a. Eh�ployees who are designated by the City Manager to serve in a "standby" status on behalf of the City on a Saturday, Sunday or Holic�y will reoeive as cAmpensation for sudz servioe as "stanc�by" two (2) hours of aiertime �ay for eadi day served in sudz status. 15 b. Dnployees required to "standby" during the week will receive as a�mpensation for surh servioe four (4) hours �ay at the avertime rate. c. If on any suc� chy the F]nplayee on "stanaby" shall actually perform work for the City, he shall be entitled to oompensation for each hour or portion thereof actually w�orked at the wertime rate of pay, which shall be in addition to the standby Fay. 2. An E�nplayee who is on stancmy and is called out �o perform work shall be �aid a minimun of ore (1) hour avertime for performi.ng such work. ARTIQ.E E. II�LOYEE EIXJCATIDN PR�RAM 1. Zhe City wil l pay tui ti on oo st s f or tr ai ni ng co ur se s r el evant to the E�nplayee's Freserit or antici�ated career responsibilities at City-ap�raved institutions. The City will pay fifty percent (50$) of the cost of tuition in advance and the Employee will �y the other fifty peroent (50$) . Zhe F�nplv�ee will be required to preserit to his DeFertment Head a oertification of satisfactory work when the aourse is cAmpleted. a. Gburses issuing a letter grade : a"C" or above is requi red, b. Cburses issuing a nunerical grade: a 70 pervent grade is required. c. �ur9es not issuing a grade : A certif ication f ram the instructor oertifying that the studerit has satisfactorily participated in the activities of the o�urses is required. 2. If the flnpla�ee satisfactorily �mpletes the o�urge, he will be reimbursed for the additional fifty peroent (50$) of the tuition. �e City will not reimburse the bnployee for fees which are charged for instruction, associated acfiinistrative expens�e, books, student membership, student health cz�verage and other cfiarges for whidz the student reoeives some item or se rv iae. 3. Zhe City will rot reimburse the F�nplayee for expenses reimbursed under s�me other education systen or �rogran, i. e. , G. I. Bill. ARTIQ,E F. FUN�L �Y In �se of death occurring in the immediate family of an Employee, such an Emplayee may be excused frcm work for up to three (3) days with additional time off grarited tr� the City Manager if additional time is needed. This time off shall riot subject the Dnplayee to loss of pay. Fbr this purp�9e, meinbers of the imnediate fanily of the Etnplayee are oonsidered to be the follawing: spause, child (rlatural or acbpted) , parent, grandparent, brother, sister, m�ther-irr-law or father-in-law. ARTIQ�E G. JURY PAY AND WI'IrTES.S FEES An Ehiplayee who has been duly surn�ored for jury duty in any aourt, or who has. been duly suiunored as a witness in any prooeedi.ng, �all be e�ocused frarn work in acoorcianoe therewith, such enplvyee shall be entitled to reoeive as pay a sun of m�rey eq�l to the clifferenoe between what he reoeived as o�mpensation for such jury cluty or witness fees, and his regular Fay. ARTIQ�E H. I�LITARY LEAVE 16 12� P Any Employee absent from work in accordance with the order of a duly 1 2� establ ished mil itaxy authority shall reoeive �ay and aompensation during such absenae as is Fxwided tx State Law. ARTICLE I. IlJ�iTIVE �Y (L�EVITY) Inoentive Pay will be �aid over and above the t�ase rate of pay for enployees permarently hired prior to N�rch 31, 1973 aco�rdi.ng to the follaaing schedule: Aft,er 5 ye�rs of Servioe: 2-1/2$ of base salary rounded to the r�earest cbllar anomt After 10 years of Serviae: 5$ of base salary rounded to the rearest cbllar anoimt After 15 years of Servioe: 7-],I2$ of base salary rounded to the r�earest cbllar amo�t The City of FYic�ey has agreed to �ay inaentive �ay to gnployees hired prior to March 31, 1973, in re�c�nition of their �ior 9erviae and contribution to the City of �icIley. Neither the City rx�r the UND�N will attsnpt to tak,e away longevity or inaer�tive Fay for those pers�ns hired prior to I�rch 31, 1973, in future a�rttracts. �he amo�t of inoer�tive Fsy for eligible Dnplcr�ees will be negotiated for the affected Emplo�ees. ARTIQ,E J. Zhe FMH,OYER will Frwide eleven (11) paid holidays. ARTIQ,E R. (INIFl�R1�6 �e City of FricIl.ey will furnish uliforms to Emplayees of the t�argaininq unit free of charge to the Dnplayee. Zhe City reserves the right to select the type of �miform to be furnished. �fie City will agree to furnish rain equipnent and special safety equipnent for all E7nplayees. ARTIQ,E L. REPRESII�TATIVE ON AREA WILE N�0►i7ATICkIS If the Ui�]1DN chooses to use ore of the pers�nnel frcm the Fr i dl ey wor k f or oe as a representative on the area wide bargaining unit for more than or�e year in th ree, Loral No. 4 9 wil l Fay the sal ary of such Dnpl ayee f or th e se oo nd y ea r for the time sperit on area wide negotiations. The purpose is to spread the �st of such negotiation among the several oommunities involved in joint r� goti ations. ARTIQ,E M. 7NSURAN� Zhe City al s� �ravides 1 ife ins�anoe equal to annual sal ary, with a maxim�an of $10,000 per �nplayee, and als� will provide addition�al AD & D Insuranoe equal to salary with a maximun of $10,000 per IInployee, providing the total City oost for all insuranoe cbes not e�aceed the aQno�mt set forth in the N�ster Q�ntract. ARTIQ,E N. $2UIPN�IT Emplayees required tr� the EN�i.�OYER and who are adjudged b� the E1�LOYER to be qualified to operate the following items of equipnent will be paid the DF�Il�IAN� III rate of Fay for those hours assic�ed to the Lnit: 17 12�, R A�tin Westin Grac�:r or eguivalent 1974 3ohn Deere Diesel Driven 30" Backbucbet Backhoe or equival ent Fbur �'heel Drive, Front End Loader, 1-3/4 Yard or Larger pickup Zype 9weeper (Elgin or FMC or B�uivalerit) ARTIQ,E 0. QIRATION Zhis agreenent shall be effective as of January 1, 198'7, and shall remain in full foroe and effect u�til Deoember 31, 1989. II�I w�'ItvFSS WI�IDF, the parties hereto have executed this Agreement on this --_- �Y °f --------- ► 1987. FOR �iE Q�.'Y OF fRIILEY ----------------------------------- Nasim hL �lureshi - City N�riager ------------------------------------ Will iam J. Nee - A'tayor FOR II�*rERNNATIONAL UNIfJN OF OF£RATII� ENGINEFRS. IAC7�L 49 �',�,%�� _ �-� ___ _�________ Gerald Long, Steward -18- /`'� `'__�-.—.r ---------- _____�____________- Tim R mnrnrsr ABR Local No. 4 9 13 �Ur]lDi�i N0. - 1987 •y.� c• �� •�• v � �• � � � r •��+- u : ? :+1' ' • ' • ' Y• 1 �I t' • /;il • ' 1: M ' • ' � . �. •� �- . � WHEREAS, upon se�xiration from enplayment with the City of Fridley many anglayees enw�ter ulforeseen expenses that can cDmplicate the transition to other enplayment or to reti renent status; and W'HER£�1.5, it is in the interest of the City of Ftic�ey to reaocg�ize the servioe of long-term enplvyees by assuring than of assistanoe through this transition period; NGW, ZHEREEORE, BE IT RESCa,VID BY 7�iE QTY QOUNQL OF �iE QTY OF FRITLEY 'IHAT effective J�e 15, 1986, any full-time, authorized employee of the Fridley Riblic Works DeFartment represerYted b� the International Union of Operating Engineers, Local Union No. 49, and hired before that date who has been emplayed ten (10) years or mare as a full-time authorized employee, upon se�aration fran enplvyment with the Ci.ty of FYic�ey shall reoeive $200.00 for each full year of servioe t� to a maximun of $4,000.00 for twenty (20) years or more of servioe. Time emplayed in a tenporary, Fsrt time, or Faid-on-call capacity shall not be oonsidered in the calculation of this separation benef it. FASSID AND ADOPI'ED BY �iE QTY Q�UNCIL OF THE CITY OF FRIDLEY THIS ___ I]�1Y OF � ��-------- ► 1987. H.ITEST: 3�IRLEY A. HAAA�LA—CITY (I,ERR ],/25 -----_--------------------- WII�LIAM J. NEE-Ng1Y0R RESCLUI'DpN N0. - 1987 RFSC[,iTPmN AU�iCfftIZ II� INQ,USION OF CERTAIN EMPLOYEES OF THE R7BLIC WCRKS TEA�►RTI�]T IN ZAE FLElCIBLE BENEFIT PLAN �R QTY EI�LOYEES Wi�REAS, the City of Ftidley has establi�ed, effective June 1, 1987, a flexible benefit plan for City Employees which permits them to choose frcm a nunber of optional �roc�rams the beriefits which most closely meet thei r indiv idual reecls ; and WHEREAS, the flexilal.e berefit plan aorttains an eligibility clause which states: "gnglayees vovered by a oollective bargaining agreement are el igible only in those cases where the o�llective bargaining agreenerit s� fixavides or a seFarate memorandum of understanding is established in rnj�ction with a rew oontract year, which must a�incide with a plan year described under annual selection;° and Wi�RF.AS, the International Lhion of Operating Engineers, Loc,al Union No. 49, has entered irito a local labor agreenent with the CYty of Fric�.ey for the period of time f ran January 1, 198'7, to Deae�nber 31, 1989; and W�tFAS, respresentatives of the Union and the C�ty have met and reached agreenent rec�rding incl�ion of tnion enplayees in the F'lexible Benef it Plan; and WHERF,AS, the r�ew a�ntract year for the Flexible Benef it Plan for City Emplayees r�s fran September 1, 1987, to August 31, 1988; NCW, �1EREFORE, BE IT RESCLVID BY ZI�iE QTY �iJNCIL OF �IE QTY OF FRII�EY THAT full-time authorized employees of the Fridley Public Works De�artmem re�eser�ted b� the International Union of Operating Enqineers, Local Union No. 49, are hereby included in the Flexible Berefit Plan for City F�nnplqrees effective September 1, 1987. BE IT Fi1RgiIIt RESC�,VID ZiiAT the Mayor arid the City I�nager are a�horized to sic� the attarhed menorandtan of �derstanding relating to inclusion of oertain enplayees of the Public Works DeFartmerit in the Flexible Benef it Plan for City Finployees. FASSED AND ADOPPED BY �iE QTY �TJNQL OF ZfIE QTY OF FRIII,EY TH IS _____ IIAY OF �_�_ , 198? . ATl'EST: ---------------------��.� � S�iIRLEY A. HAAA�LA - CITY CZF�tK WII,LIAM J. I�E - 1�1Yt�R 1� 14A IrENDR�JM OF Utd�RSTAPIDII� B�'iWEIId �E CTI'Y OF FRIILEY AND 4HE Il�TIERNATIONAL UND�N OF OPERATING II�INEII2S I,OC�,L tJNION N0. 4 9 AEL-CIO It is agreed that menbers of the local Fridley bargaining unit of the International �nion of Operating Engineers, L�cal ifiion No, 49 (AFL�iO) shall be eligible for participation in the Flexihle Berefit Plan for C�ty of FYic�Ey Qnplayees effective September 1, 1987. IN wI�NFSS wI-�RD�F, the Farties hereto have e�aecuted this rSemorandum of Unc�erstanding on this ____ c�y of _______________, 1987• FOR �E QTY OF FRIIY,EY ----------------------------- ---------------- Nasim NL Qureshi, C1ty Manager �lill iar J. Nee, I�yor F�R �iE II�IERNATIONAI, UIJT�ON OF OF£RATING Q�INEF�tS, I,OC�►L I�. 49 ---�"_%�i�<<�%�__� �i"��-- =-=�"-`_�-.��'----s-='�?=4"'='-'-'�---- Gerald D. Long - St:e�:arc � Tirr R Q�nnors - A8F Local tb. 49 3/7/ 15/4 RFSULtTPmN N0. - 198? A RESdi,UTION �NFIRMING APPOINTMENTS TO THE CITY OF FRIf.GEY aD1rfMISSIDNS F1DR �iE YEAR 1987 W'�t.F',AS, the City �uncil appoirits menbers to Gbmnissions to perform fuulctions outliryed and authorized by City Cbde Chapter 6, 102, 450.12 (2) and to other orcpnizations and camanittees as deemed advisable; and WI�tF�AS, a review of vacancies and reappoir�tmerits are o�nducted prior to April lst and new app�iritments and reapp�irrt�nents are made at that time; and WHIIZF.AS, extension of some appointments are sometimes necessary to insure o�ntinuity in m�nbership of such Commissions when oertain extensions of appointments are deemed esseritial to efficiency; NCW, �III2EFORE, BE IT RFSCLVID, the follawing ap�ointments and reappointments are a�nfirmed, made or extended by the City (btncil of the City of Fridley, as of June 1, 1987 or effective c�te as indicated: MAYOR PRO ZEM -- Coimcilman Brian Gooclspeed (JONII�SSION General Criai rper son Chai rperson Envirormerital Quality Comr►ission Chairperson Farks & Recreation Gbimnission Chai rperson Appeal s Conuni ssion Chai rperson Hunan Resouroes �mnission Chai rperson Enerc� 4�nanission �'• �. y • u � . ..• � ► � • • • • �• i r � i : a�•ti r�• �►�• • a. PLANNINIG Q�I�IISSDDN (�IAPl'ER 6) ------------------------------- Steve Bil l ings 5215 Lin�ln Street N. E (H. 571-5457) Ricfiard Svanda 1521 Wooc�ide Cburt (H.571-6154) (B.296-7282) David Rondrick 2�0 Stoneybrook Way I�. E. (H.571-2359) (B.521-4767) Dr�nald Betzold 16 Ol N. Innsbr uck Dr. #201 (H.571-0098) (B.533-1555) Susan Sherek 1530 73-1/2 Ave. N. E. (H.784-6444) Dean Saba 6325 Van Buren N.E. (& 571-1953) (& 635--5860) 4-I-88 4-1-88 4-1-88 4-1-90 4-1-90 4-1-89 15 Page 2-- i�solution No. - 1987 PRF�II�T AND NII�1LY API�3IlV�D OOP'Il�2ISSION Cfft RFAPI�IN'!ED 1�IrBE�%S '�RM EXPIRES PARI�S AND RDCRFATION O�t�R�SSI�N (C�a�ter_6)_ (5_Members - 3 Year Term) Chai rperson Lhvid Knndrick 4-1-88 290 Ston�ybrook Way I�L E. (H.571-2359) (B.521-4767) Vioe-Chai rper son Maty Schreiner 6851 Oakley Street NE (H.571-3045) (B.571-1010) John Gargaro 6615 Fridley Street N. E. ( H. 571-6585) Dick Yoimg 5695 Quincy St. N. E. ( H. 571-8098) Daniel Allen 6200 Rioe CYeek Drive N. E. ( fL 571-3137 ) (B. 37 3-0956 ) A1 f reci Gabel 5947 2-lf 2 Street N. E. (H.571-1288) (B.561-8800) 4-1-88 4-1-90 4-1-89 4-1-89 4-1-90 APPEALS Q�N�IISSION (Cha�ter_6) _(5 Members - 3 Year Z�eim) ---------------------- - ----------------- Chai rperson Donald Betzold 4-1-90 1601 N. Innsbruck Dr. �201 (H.571-0098) iB.533-1555) Vioe-Chai rperson Alex P. Barna 560 Hug� Street N. E. ( H. 7 84-546 8) Kenreth Vos 990 68th Avenue N. E. ( H. 571-2246 ) Diane Savage 567 Rioe Creek Terraoe (H.571-3862) Jerry Sherek 1530 73-],/2 Avenue (ii. 7 84-6444) 4-1-88 4-1-90 4-1-89 4-1-88 15A Page 3-- Resolution No. - 198'1 15'� 8 PRFSFNT AND NHnILY APP�IN7ED OONIl�I[SSION 0[t REAP�OIN'1ED MENBII2S �RM EXPIRF� II�NIRCNNENTAL QIIALITY O�r+Il�SSI�OIJ (C�apter 6) (5 Nle�nbers - 3 Year Tetm) --------------------------------__--------------------------------- Chairperson Ridzard Svanda 4-1-88 1521 Woodside Court tH. 571-6154) (& 269-7282) Viae-Chairperson Dale Zhampson 4976 3rd Street N. E. (H.572-8684) (B.296-7391) Wayne Wellan 6793 Overton Drive N. E. (H.571-4141) (8.571-1000) VAC�N'r Maynard Nielsen 7144 Riverview Terraoe (H.571-6608) (B.571-0761) 4-Z-89 4-]-90 4-1-89 4-1-88 HUI�T RF50I1RCES �NII�IISSmI�i (Cha�ter 6)_ (5 Members - 3 Year Term) ------------------------------ - --------------------- Qiai rperson Susan Sherek 4-1-90 1530 73-7,/2 Avenue N. E. (H.784-6444) Viae-Chai rperson Qaudia Lbdge 4-1-89 701 Rioe Creek Terraoe ' (B.422-5199) Paul Westby 666 Rimball Street (H.7�0-4326) Dicic Storla 7548 Alden Way ( H. 571�726 ) Franci s A. van D�n 6342 Baker Avenue N. E. ( H. 571-3177 ) 4-1-94 4-1-88 4-1-89 Page 4-- P,�s�lution No. - 1987 PRFSFNT AND NF3�1LY APT�Il�I'!ED QOA'�'aSSION O�t REAPPOIN�D 1�1�BIIZS ZERM E�IRES IIJF.RGY �I�¢SSIOi�i (Cha�ter`6)_ (5 Me�nbers - 3 Year Term) Chai rpe r s�n Vioe�hai rperson Dean Saba 6 325 Van Buren N. E. (H.571-1953) (B.635-5860) Bruoe Bandow 6616 Cieritral Avenue N. E. ( H. 571-016 3 Glen Douglas 871 66th Avenue N. E. (H.571-2074) (B.635-7029) Gerald Welf 1317 53 rd Avenue N. E. (I� .571-4792) (B.342-1468 BracIley Sielaff 6770 Plaza Curve N. E. (A.574-0470) (B.296-7772) 4-1-89 4-1-89 4-1-87 4-1-88 4-1-88 CABLE ZELEVISION CTJI�A�II5SION (�de Section 405.12(2) )(5 Members - 3 Year Z1erm) Chai rperson Vioe-Chairperson 0 Duane F�terson 1021 Hathaway Lar�e N. E. (H.571-338b) (B.374-1120) Ra1Fh Stouffer 6065 McRinl� Street N. E.. (H.571-1735) (B.647-5820 surt weaver 928 Rioe Creek Terraoe N.E. (H.571-423?) (8.571-1249) Edward Raspszak 1317 Hillcrest Drive N. E. (H.571-0441) (B.339-0549) Barbara Hughes 548 Riae CYeek Terraoe N. E. (H.571-6182) (B.224-4901) 4-1-89 4-1-90 4-1-90 4-1-88 4-1-88 15C Page 5--- Resolukion No. - 1987 PRFSFNT AND NFI�IL�Y APFOIN'�D OOr'Il�IISSION �t RFAPFOIN'1£D I�NBIIZS 'IERM E�IRFS FRILGEY SGOSIl�IG AND RIDEVFi�OA�TP �D'�CRITY (5 Me�nbers - 5 Year �rm) Criai rper son Vioe-Chai. rperson L�a renae �mner s 5212 St. Nbritz Drive N. E. (H.571-8925) (B.339-3355) Virginia Schnabel 1527 Wincl�ner e Ci r cl e N. E. ( H. 571-3318) Wal ter Rasnussen 7806 Alden Way DL E. (H.571-6232) (B.379-8811) Duar�e Prai rie 489 Rioe CYeek Terraoe N. E. iH.571-3993) (B.786-9800) Jahn Meyer 7868 A1den Way N. E. (H.571-5328) (B.338�0713) POLI� �I�Il►�SSION (Chapter 102) (3 Members - 3 Year Term) Cnai rperson Vioe--Chai rper son Jahn R. Hinsverk 170 Hartman Circle N. E. (H.571-6038) (B.425-4541) r3av is Hauge 645 67th Avenue N.E. ( H. 571-1083) Tim Breider 7550 �npo Terraoe N. E. ( H. 7 86-5341) 6-4-89 6-9-90 6-�87 6-� 88 6-9-91 4-I-88 4-1-89 4-1-90 ANORA Q�UNI'Y LAW II�1Ft�RCEI�@]T �O1�QL (1 Rep�esentative and 1 Alt�ernate) Q�tncilman Schreider, Repc�. 12-31-87 Couzcilwanan Jorgenson, Al� 12-31-87 SUB[3f8AN RAZ'E AD'�CRI'I'Y (1 Me�nber and 1 Alternabe) Jahn F'lora� Repr. Mark Burch, Alt. 12-31-87 12-31-87 15D Page 6-- Pesolution No. - 198? N�t7A S�IBiTf�AN SIIaIIt SII7VI� BQARD (1 Re�ese�ative and 1 AlternatQ) John Flora, Repr. 12-31-87 N'ark Burch, Al� 12-31-87 ASSOQATIbN OF 1�ZROPOLITAN MJDIIQP�►LITIFS Cb�cilman Fitz�atrick, D�elegate Coincilwcman Jorgenson, Al� SQiOC�, DIS�i.ICT #14 aJI�IlKJNTrY S�iOCL ADVISORY Q�IINCIL �tmcilman Gooclspeed, Repr. SQiO�, DIS�4tICT #13 REPRE5FINTA�IVE m�mcilwcman Jorqenson, Repr. Co�ncilman FitzFatrick, Alt. S�iOCG DIS�2IGT #16 REPRESFNTATNE Cbi.mcilman Schneider, Repr. j,F�iJE OF MINNF50TA M7DTIQPALITIFS --------------------------------- Cb�cilman FitzFatrick, Repr. Co�mcilman Schrieider, At� 12-31-87 12-31-87 12-31-87 12-31-57 12-31-87 12-31-3' 12-31-87 12-31-87 PA5SED AND ADOPI'ED BY �fiE QTY (pUNQL OF �iE QTY OF ERIILEY ZHIS�___IaAY OF �__� , 198'7. WII�LIAM J. I�E — MA3cOR f�YM�.� S�IIRLEY HAAA�LA — CITY CLERR 1/ 11 1�E . �..� � CITYOF f RIDLEY ZO: FROM: DIRECTOAATE OF PUBLIC WORK8 tV�EnnoRAniouM Nasim Qureshi, City Manager John G. Flora, Public Works Director �p,TE: May 28, 1987 SUBJE(�': Reg�ir of the Commons Park Filtration Plant Project #161 �ws7-i�l o�� n�� o� Fi ta �.� p -�f . „ �<,L.,!\, o 0 Z'� ^ � _ t'��1� When the bids for the repair and renavation of the Gorcurons Park Filtration Plant Project �161 w�ere opened on April 29, five bic�s were received with a law bid of $1,450,000 fran Shank Mechanical. Inc. of Minneapolis. �e bids were received at the May 4, 1987 Council meeting. Sinoe the bicls were opened, we have been reviewing the specif ications and discussing certain modifications and changes with TKDA and Shank Mechanical, Inc. The original plan called for the renc�val and treatment of manc�anese waste f ran the backwash operation. Our di scussions w ith Shank have focused on the el imination or reduction of the manganese backwash system. By eliminating the backwash and oertain other changes, a reduction of up to $247,200 could be obtained for a net contract amount of 51,212,800. Sinoe eliminating the backwash tank produoes a sizeable reduction, we have increased our o�mmunication with TI�A and the N�CA in regards to disposal of the backwash material. Our concerns have been on the impact of the Federal EPA C1ean Water A� will have on nonpoint source discharges into the Mississippi River. After considerable discussions with the MPCA office, it ap�ears that our existing NP�F,S (National Pollutant Disctiarge Elimination System) pernut is still valid and disposal of manganese waste runoff will not afiect its use by the City of Fridley. Based upon this assuanption, it appears additional modifications can be made to the f il ter plant to achieve even further oost savings in the desic�n and oonstruction. It also appears that in the near future� the City wil l not be requi red to deal with backwash material and the State does not anticipate actions to elirranate the clischarge of gro�m3aater into the storm system, therefore, the present measures are adequate for future water quality requirenents and it would not be neoessary to plan for possible alternatives at this time. The Co�,mcil oould make ariy one of three decisions: 1. Award the original v�ntract to Shank Mechanical as c7esicpied. 2. Award the oontract to Shank Mechanical and approve Change Order N�ber 1 with nine itesas for a reduction of S247,200. 3. Reject all the bids and have TRnA redesign the plans and specifications totally eliminating the manganese and iron backwash requi renents. Reo�mmend the Cotmcil reject the bids and authorize the redesign of the Gananons Park Filtration Plant by TI�A. 3GE/ts BID O� 11:00 A.M. WEDI��AY, APRIL 29, 1987 REPAIR � O�MNDNS PARK WATER FILTRATION PI,�Ni' F'R�7ECT #164 • • � ,. . �• 5harlk Mechanical Inc . 3501 - 85th Ave. No. Minneapolis, NAI 55433 Gorham-Oien Mechanical 841 East Forest Ave. Mora, NIN 55051 Merrimac Construction 1409 - 159t.h Ave., N.E. Anaka, 1�1 55304 New Mech Ccn�anies, Inc. 1633 Eustis Street St. Paul, NIlV 55108 Acton const, co. P.O. B�c 394 Hugo, NIlV 55038 Waldor Runp & Equip. Co. 9700 Hianboldt Ave., 50. Minneapolis, N�V 55431 Automatic S�stens P.O. Bcpc 26490 St. Louis Park, NIl�1 55426 Vessco, Inc. 2005 Shaughnessy Cincle P.O. B�oc 160 Long Lake, I�1 55356 Premier Elec tric Constructi� Corporation 3400 - 4$th Ave., N. Minneapolis, Pq3 55429 Layrle r2inraesota CJo. 3147 C�lifoxnia St. N.E. Minr,eapolis, N8J 55418 � BID � BASE � AI,T � ALT � ALT � Bor� � sm � Bm 1 � Bm 2 � sm 3 l I I I I I I l l I � 5$ �1,450,000 �-40,000� -28,000� - 7,000 I I I i I 1 I i� I 1 I I I 1 1 � 5$ �1,494,183 {-50,000� - 1,900� - 6,000 I I I I I I I I I I � 5$ �1,507,499 �-32,000� -22,480� - 3,200 i I I f I I I I { I � 5$ �1,510,000 ( -32,000( -24,000� -10,000 I I I I I I I I I I { 5$ �1,626,000 j -30,000� -17,OOOj - 3,000 I I I l I I I i I l I i�sID I I I I I 1 I __I i i i � i � i �Bm � i i I I I I I � � � � � � � � � � I I I I I i iNOBID� I i � � ( � ( � � � � � � � � � � I I�BID 1 I I I I I 1 I l I I I I l I I I ! � � IVD BID � � � i I I I I I I I i 16 �► - 2 - BID OPEL�IIlVG 11: 00 A. M. WIDI�5DAY, APRIL 29 . 19 87 REPAIR �' �NS PARK WATER FILTRATION PLANr PRQ7ECT #164 � :.�.,� � a ; Austin P. Keller Const. 4 81 Front Ave . St. Paul, MN 5511? Water Products C�any 15801 West 78th St. Fden Prairie, N�T 55344 Plant & Flanged Frn�ip. Co. 4000 - 85th Ave., No. Mi.nneapolis, NIl�I 55443 Rayal Electric Co., Inc. 7401 Central Ave., N.E. Minnaapolis, N�i 55432 Feed-Rite Controls 3000 East Henr�epin Ave. MinnPapolis, I�1 55413 Bar�a�ssa & sons 11000 93rd Ave., No. Osseo, NIl�i 55369 Aquatrol Corporation 4480 West Rrnu�d Lake Rd. Anden Hills, N�I 55112 Minnetonka Electric Co. 12475 Marion Lane riinn�tarika, NIlV 55343 All. suilcling Const, co. 8140 Flying Qaud Drive Suite 203 F'c3cn Px'airie, N�1 55344 Midwestern Mechanical 9103 Diavenpart St., N.E. Blai.ne, NIl�i 55434 j BID j BA.SE � ALT � ALT � ALT ► B� � sm � sm 1 � Bm 2 � sm 3 � � � � � � � � � � � � NO BID � � � { ( � � � � � � (____ � � � ( � � i � Ivo BID � � � � ( � � � � � � � � I I No BID I I I ! l I I I I I VI I l I I�BID I I I i I I 1 I ( ( � � { � � � � � � � NO BID � � � i i { i i i i i i i I I�Bm I I I i { i i i I I I I 4 I I�BID I I I I I { 1 I � ( � � � � � NO BID I � � � � � � � I I I 1 I { I I { I � � � � � I I�Bm i I I I 1 i 1 I � ( � ( ( � � ( ( � � ( 1� BID � � � i I I I I I I I I I . : 16 C: - 3 - BID OP�TIlVG 11:00 A.M. WIDI�SDAY, APRII, 29, 1987 REPAIR OF 0.'�NIlK�NS PARK WATER FILTRATION PLANr PR0.TEC'r #164 ( BID ( BA.SE ( ALT � ALT � ALT �v�r��x � Bor� � am � sm � I sm 2 � sm 3 I I I I I Zbrika Equi-p. I 1 I I I 5115 Industrial St. ( � IJ� BID { � � Maple Plain, NIIV 55359 I � I I � I I I I �I xichmar Construction, inc. 1 I I ( I 7776 Alden Way I � NU BID � { I Fridley, N�I 55432 I I I ( l � I I I I I Dyrlamic s�ste�ris I I I I I 6819 Washington Ave., So. j j NO BID j I 1 MinnAapolis. NIDT 55435 � � { � � � � � � �_._._ __.- I�aVCO I I I I � 70 West c:ounty xoad C I I I I I suite 704 { � No BID � I I St. Paul, N�i 55117 ( ( l I � I I I I I A& K Cbnstruction Irbc. � I I ( I 9038-180th St. No. j i NO BID I 1 1 Stillwater, NII�i 55082 � I I l l I I _.._ I I I �. cilbert Ccuistruction I I I I I I202 Jackson � � NO BID � I I Maple Plain, NIl�1 55359 ( I ( I ( I I I I ,i ccc. �. I I I I I 631 S. c�trat Ave. � � rx� BID I I I Melrose, N�I 56352 � I I I I � � ( ( � Page Electrical Contracting� I I I I 130 Queensland Lane � � 1Vl'? BID � � I Plymr�uth, N�1 55447 � � j � � ! I I I I Bacon's Flectric �. I I I ( l 6525 Central. Ave., N.E. � � NO BID � � I Fridley, N�I 55432 j 1 I I I I I I I I 7nsulation Midwest, Ir�c. ( I I ( 1 1901 TraffiC St., N.E. � � NO BID ( � I Minneapolis, NY�I 55413 ( � I I I i i i � i - 4 - BID OPII�IIlJG 11:00 A.M. WEDI�S�AY. APFtII. 29, 1987 REPAIlt OF Q�DNS PARK WATIIt FILTRATION PLANr PR�Ca7EC'I' #164 � : ►��,.�•� George F. Coa�C Coa�st. Is�c. 2833 Lyndale Ave. So. Miru�eapolis, NIl�i 55408 Bentec Engineering 13050 Pioneer Trail Eden Prairie, N�1 55344 xorwi tz , Irbc . 5000 No. Co. Rd. 18 Minneapolis, NIl�I 55428 Terco Pipe & Fabricating 14907 Treichel Road P.O. Drawer 400 Tanball, TX 77375 �. �. 58? S.W. lst St. New Brightari, NII�1 55112 � gID � BA.,�'E • � ALT � ALT � ALT ��arm � Bm � Bm 1 � sm 2 � sm 3 I I I I I I I I I i � { NO BID � � i I I l I I I ,I I I I I I I I i � � ND BID � � 1 I I I I I I I l I I I I I I I � � NO BID � � � I I I I I I I I I I I I I I I � � NO BID � ( � I I 1 I I l I I l I I I I I I i I�sID I I I i I I I 1 I { I I I 161D . �.,,._ � C�N�F FRlDLEY DIRECTORATE � F PUBLIC WOAK8 MEMOAANOUM Zt�: John G. FLora, Public Works Director FW87-155 FROM: N,ark L. Burch, Assistant Public Works Director I1�TE : May 13 , 1987 SiJBJECT: Award Contract for Street Ir�ravenent Project St. �987-10 Sealc�oating. O� � •'1 O� n ��> O Q O _�_ T -� _..., - �_ ; .Sb�b On Wed�esday, FSay 13, 1987, we opened the joint bids for sealcoating for Fridley and Col�nbia Heights. We received three bicls with Al.lied Blacktop Comgany suut�mmitting the laaest bid of 5134,168.50. Zrt�e total bid includes all sealo�ating to be oontracted by both the Cities of Fridley and Colirit�ia Heights. The Fridley portion of this project equals 560,933.73. We reoonmend that the City tbuncil receive the bids for Street Improvement Project St. 1987-10 and award the v�ntract to Allied Blacktop Company for S60,933.73. NQ,B/mk 1�A BID GP�1v IlvG 11: 00 A. M. Wr3)NFSrAY, Ng�Y 13 , 1987 SIREET I1�PR(7JEt•1ENT Pk4TF,C,T N0. ST. 1987 - 10 (SEALO�aT) FLANHCd,DER Allied Blacktop Company 10503 - a9t.h Ave., N. Snakopee, hIIJ 55375 Buffalo Bittaninous Box 337 Plyr�outh, r�1 55442 Bitt.pninous Roac�aays 2825 Cedar Ave. t�►apl.e Grove, T�d 55369 ~ I I __I_ I I I --- � - ! I i �. I _ l ! I _L .� .r � 5� 5$ � I I -- � I I S I __�—_ I I S I _..__ f I I S 1 --� TO'1'AL I C10hF•�ETITS BID i ._._��.__� � ------_._._ I 0,933.73 I I -- -- - ---- -- � --- ------------ I 5,222.60 I I --- --- - --- ( -------- - - I 5,294.13 I I — -----� ------- - ' FOR CONCURRENCE BY THE CITY COUNCIL -- LICENSES JUNE 1, 1987 Marick Builders, Inc. 200 West 88th Street Bloomington, MV 55420 By: Jeff Maddock Olynpia Construction Co., Inc. 5577 E�=� Bavarian Pass N.E. Fridley, NN 55432 By: Willian Benson HFATING Blaine Heating, A/C � Electric Inc. 13562 Central Avenue N.E. Anoka, NN 55304 By: Ken C7�ouinard Care Air Conditioning & Htg. Inc. 1211 Old Highway �8 New Brighton, MV 55112 By: Leo Lindig Heating & Cool ing Z1�o 14228 - 23rd Avenue North Plym�uth, MV 55441 By: Wayne Sinkie Pieroe Refrigeration 1920 - 2nd Avenue S. Anoka, MV 55303 By: John Becker R.iccar Heating & Air Cond. 3095 - 162nd Lane N.W. Anoka, NN 55304 By: James Reru�er � Ronald Pearson Masonry 741 Kennaston Drive N. E. Fridley, IriV 55432 By: Ronald Pearson R7S Cbncrete 1491 - 92nd Lane N. E. Blaine, NN 55434 By: Ranciy Nissen EXCAVATING Waalen and Sabby Inc. 9082 Polk Street N.E. Blaine, MN 55434 By: James Waalen Same Same WII,LIAM SANDIN Plbg.-Htg. Insp. Same SaQne Sa�ne Same I�ARRrT, Q�ARK Chief Bldg. Ofcl. Sa�ne Chief Bldg. Ofcl. DARREL CLARK ` FOR CONCURRENCE BY THE CITY COUNCIL -- LICENSES 3LTI3E 1 , 1987 $j�PPII� Fairfax Asphalt Inc. 21832 S�gar Lane �� Rogers, MV 55374 By: Johon Pfaff Chief Bldg. Ofcl. F�CAVATING Groth Sewer & Water I3820 51�►set Trail Plymouth, NN 55441 By: Larry Groth GAS SERVICES Blaine Heating, A/C & Electric, Inc. 13562 Central Avenue N.E. Anoka, NN 55304 By: Ren Chouinard Care Air Conditioning & Htg. Inc. 1211 Old Highway #8 IvEw Brighton, Md 55112 By: Leo Lindig Heating & Cooling Z'w� 14228 - 23rd Avenue North Plymouth, MV 55441 Pierce Refrigeration 1920 - 2nd Avenue S. Anoka, NN 55303 Riccar Heating & Air Cond. 3095 - 162nd Lane N.W. Anoka, NN 55304 S�'�I� COI�RACI`OR Conoord Bui.lders 4538 Lyndale Avenue North Minneapol is, MV 55412 DuAll Servioe Contractors Inc. 636 - 39th Avenue N. E. Col unbia Heights, M� 55421 William Rranz Construction 8424 No41e Avenue North Brooklyn Park, NN 55443 Madison Pizza Corporation 815 Conmerce Drive Oakbrook, II, 60521 Maroo Construction Company 1171 West Larpenteur Avenue St. Paul, MV 55117 By: Wayne Si.nkie By: John Becker By: James Reru�er By: Gary Lyons By: Gary Dooner By: Bill Kranz Jr. By: Enos (�utis By: Irv Margolis I��RRQ� Q�ARK Chief Bldg. OFcl. WII,LIAM S�NDIN Plbg. —Htg. Insp. Same S�ne Sa�ne Same I]ARRFI. Q�ARK C7iief Bldg. Ofcl. Same S�ne Sane Sa¢�►e